Sub. H. B. No. 153 As Reported by the House Finance and Appropriations Committee

As Reported by the House Finance and Appropriations Committee

129th General Assembly

Regular Session

2011-2012

Sub. H. B. No. 153

Representative Amstutz

A BILL

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

9.231, 9.24, 9.33, 9.331, 9.332, 9.333, 9.90,

101.15, 102.02, 105.41, 107.09, 109.02, 109.36,

109.42, 109.57, 109.572, 111.12, 111.16, 111.18,

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

118.12, 118.17, 118.99, 121.03, 121.04, 121.22,

121.37, 121.40, 121.401, 121.402, 121.403,

121.404, 122.085, 122.088, 122.0810, 122.0816,

122.0819, 122.121, 122.171, 122.65, 122.652,

122.653, 122.657, 122.76, 123.011, 124.09, 124.23,

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

124.34, 124.393, 125.021, 125.15, 125.18, 125.28,

125.89, 126.12, 126.21, 126.24, 126.50, 127.16,

131.23, 131.44, 131.51, 133.06, 133.18, 133.20,

133.55, 135.05, 135.61, 135.65, 135.66, 145.27,

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

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

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

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

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

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

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

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

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

185.03, 185.06, 185.10, 301.02, 301.15, 301.28,

306.35, 306.43, 306.70, 307.022, 307.041, 307.10,

307.12, 307.676, 307.70, 307.79, 307.791, 307.81,

307.82, 307.83, 307.86, 308.13, 317.20, 319.11,

319.301, 319.54, 321.18, 322.02, 322.021, 323.08,

323.73, 323.78, 324.02, 324.021, 340.02, 340.03,

340.05, 340.091, 340.11, 341.192, 343.08, 345.03,

349.01, 349.03, 349.04, 349.06, 349.07, 349.09,

349.14, 501.07, 503.05, 503.162, 503.41, 504.02,

504.03, 504.12, 504.21, 505.101, 505.108, 505.17,

505.264, 505.28, 505.373, 505.55, 505.73, 507.09,

511.23, 511.25, 511.28, 511.34, 513.14, 515.04,

517.12, 517.22, 521.03, 705.16, 711.35, 715.011,

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

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

727.08, 727.14, 727.46, 729.08, 729.11, 731.141,

731.20, 731.21, 731.211, 731.22, 731.23, 731.24,

731.25, 735.05, 735.20, 737.32, 742.41, 745.07,

747.05, 747.11, 747.12, 755.16, 755.29, 755.41,

755.42, 755.43, 759.47, 901.09, 924.52, 927.69,

951.11, 1309.528, 1327.46, 1327.50, 1327.51,

1327.511, 1327.54, 1327.57, 1327.62, 1327.99,

1329.04, 1329.42, 1332.24, 1501.022, 1501.40,

1503.05, 1505.01, 1505.04, 1505.06, 1505.09,

1505.11, 1505.99, 1509.01, 1509.02, 1509.021,

1509.03, 1509.04, 1509.041, 1509.05, 1509.06,

1509.061, 1509.062, 1509.07, 1509.071, 1509.072,

1509.073, 1509.08, 1509.09, 1509.10, 1509.11,

1509.12, 1509.13, 1509.14, 1509.15, 1509.17,

1509.181, 1509.19, 1509.21, 1509.22, 1509.221,

1509.222, 1509.223, 1509.224, 1509.225, 1509.226,

1509.23, 1509.24, 1509.25, 1509.26, 1509.27,

1509.28, 1509.29, 1509.31, 1509.32, 1509.33,

1509.34, 1509.36, 1509.38, 1509.40, 1509.50,

1510.01, 1510.08, 1515.08, 1515.14, 1515.24,

1517.02, 1531.04, 1541.03, 1541.05, 1545.09,

1545.12, 1547.302, 1551.311, 1551.32, 1551.33,

1551.35, 1555.02, 1555.03, 1555.04, 1555.05,

1555.06, 1555.08, 1555.17, 1561.06, 1561.12,

1561.13, 1561.35, 1561.49, 1563.06, 1563.24,

1563.28, 1571.01, 1571.02, 1571.03, 1571.04,

1571.05, 1571.06, 1571.08, 1571.09, 1571.10,

1571.11, 1571.14, 1571.16, 1571.18, 1571.99,

1701.07, 1702.59, 1703.031, 1703.07, 1707.11,

1707.17, 1711.05, 1711.07, 1711.18, 1711.30,

1728.06, 1728.07, 1751.01, 1751.04, 1751.11,

1751.111, 1751.12, 1751.13, 1751.15, 1751.17,

1751.20, 1751.31, 1751.34, 1751.60, 1761.04,

1776.83, 1785.06, 1901.18, 1909.11, 1923.01,

1923.02, 1923.061, 1923.15, 2101.08, 2105.09,

2151.011, 2151.312, 2151.354, 2151.412, 2151.421,

2151.424, 2152.26, 2152.72, 2301.03, 2301.18,

2301.20, 2301.21, 2301.22, 2301.23, 2301.24,

2301.25, 2301.26, 2305.01, 2317.02, 2317.422,

2319.27, 2329.26, 2335.05, 2335.06, 2501.16,

2501.17, 2743.09, 2744.05, 2903.33, 2919.271,

2939.11, 2945.371, 2945.38, 2945.39, 2945.40,

2945.401, 2945.402, 2949.14, 3109.16, 3109.17,

3111.04, 3113.06, 3119.54, 3121.48, 3123.44,

3123.45, 3123.55, 3123.56, 3123.58, 3123.59,

3123.63, 3301.07, 3301.071, 3301.079, 3301.0710,

3301.0711, 3301.0712, 3301.16, 3301.162, 3301.70,

3302.02, 3302.031, 3302.05, 3302.07, 3304.181,

3304.182, 3306.12, 3307.20, 3307.31, 3307.64,

3309.22, 3309.41, 3309.48, 3309.51, 3310.02,

3310.03, 3310.05, 3310.08, 3310.41, 3311.05,

3311.06, 3311.19, 3311.21, 3311.213, 3311.214,

3311.29, 3311.50, 3311.52, 3311.53, 3311.73,

3311.76, 3313.12, 3313.29, 3313.33, 3313.372,

3313.41, 3313.46, 3313.482, 3313.533, 3313.55,

3313.603, 3313.61, 3313.611, 3313.612, 3313.614,

3313.64, 3313.6410, 3313.65, 3313.75, 3313.842,

3313.843, 3313.845, 3313.911, 3313.975, 3313.978,

3313.981, 3314.01, 3314.013, 3314.015, 3314.02,

3314.021, 3314.026, 3314.03, 3314.04, 3314.05,

3314.06, 3314.07, 3314.08, 3314.087, 3314.088,

100

3314.091, 3314.10, 3314.13, 3314.19, 3314.22,

101

3314.26, 3314.35, 3314.36, 3315.01, 3316.041,

102

3316.06, 3316.20, 3317.01, 3317.013, 3317.014,

103

3317.018, 3317.02, 3317.021, 3317.022, 3317.023,

104

3317.024, 3317.025, 3317.0210, 3317.0211, 3317.03,

105

3317.031, 3317.05, 3317.051, 3317.053, 3317.06,

106

3317.061, 3317.07, 3317.08, 3317.081, 3317.082,

107

3317.09, 3317.11, 3317.12, 3317.13, 3317.14,

108

3317.16, 3317.18, 3317.19, 3317.20, 3317.201,

109

3318.032, 3318.05, 3318.051, 3318.08, 3318.12,

110

3318.31, 3318.36, 3318.37, 3318.38, 3318.41,

111

3319.02, 3319.08, 3319.088, 3319.11, 3319.111,

112

3319.14, 3319.141, 3319.16, 3319.17, 3319.18,

113

3319.19, 3319.26, 3319.31, 3319.311, 3319.39,

114

3319.57, 3319.71, 3323.09, 3323.091, 3323.14,

115

3323.142, 3323.31, 3324.05, 3325.01, 3325.08,

116

3326.11, 3326.33, 3326.39, 3327.02, 3327.04,

117

3327.05, 3329.08, 3331.01, 3333.03, 3333.043,

118

3333.31, 3333.66, 3333.81, 3333.82, 3333.83,

119

3333.84, 3333.85, 3333.87, 3333.90, 3334.19,

120

3345.061, 3345.14, 3349.29, 3353.04, 3354.12,

121

3354.16, 3355.09, 3357.16, 3365.01, 3365.08,

122

3375.41, 3381.11, 3501.03, 3501.17, 3505.13,

123

3506.05, 3701.021, 3701.023, 3701.07, 3701.61,

124

3701.74, 3701.83, 3702.31, 3702.59, 3704.06,

125

3704.14, 3705.24, 3709.085, 3709.09, 3709.092,

126

3709.21, 3709.34, 3721.01, 3721.011, 3721.02,

127

3721.04, 3721.16, 3721.50, 3721.51, 3721.561,

128

3721.58, 3722.01, 3722.011, 3722.02, 3722.021,

129

3722.022, 3722.04, 3722.041, 3722.05, 3722.06,

130

3722.07, 3722.08, 3722.09, 3722.10, 3722.11,

131

3722.12, 3722.13, 3722.14, 3722.15, 3722.151,

132

3722.16, 3722.17, 3722.18, 3729.01, 3733.02,

133

3733.021, 3733.022, 3733.024, 3733.025, 3733.03,

134

3733.04, 3733.05, 3733.06, 3733.08, 3733.09,

135

3733.091, 3733.10, 3733.101, 3733.11, 3733.12,

136

3733.121, 3733.122, 3733.123, 3733.13, 3733.14,

137

3733.15, 3733.17, 3733.18, 3733.19, 3733.20,

138

3733.41, 3733.99, 3734.02, 3734.05, 3734.06,

139

3734.18, 3734.19, 3734.20, 3734.21, 3734.22,

140

3734.23, 3734.24, 3734.25, 3734.26, 3734.27,

141

3734.28, 3734.282, 3734.57, 3734.85, 3734.901,

142

3735.36, 3735.66, 3737.83, 3737.841, 3737.87,

143

3737.88, 3745.015, 3745.05, 3745.11, 3746.02,

144

3750.081, 3769.07, 3769.08, 3769.20, 3769.26,

145

3770.03, 3770.05, 3772.062, 3781.06, 3781.183,

146

3791.043, 3793.04, 3793.06, 3793.21, 3901.3814,

147

3903.01, 3923.28, 3923.281, 3923.30, 3924.10,

148

3963.01, 3963.11, 4113.11, 4113.61, 4115.03,

149

4115.033, 4115.034, 4115.04, 4115.10, 4115.101,

150

4115.16, 4116.01, 4117.01, 4117.03, 4117.06,

151

4123.27, 4131.03, 4141.08, 4141.11, 4141.33,

152

4301.12, 4301.43, 4301.62, 4301.80, 4301.81,

153

4303.02, 4503.06, 4503.061, 4503.062, 4503.235,

154

4503.70, 4503.93, 4504.02, 4504.021, 4504.15,

155

4504.16, 4504.18, 4506.071, 4507.111, 4507.164,

156

4510.037, 4510.038, 4511.191, 4511.193, 4513.62,

157

4517.01, 4517.04, 4517.09, 4517.10, 4517.12,

158

4517.13, 4517.14, 4517.23, 4517.24, 4517.44,

159

4582.31, 4585.10, 4705.021, 4709.13, 4725.34,

160

4725.48, 4725.50, 4725.52, 4725.57, 4731.65,

161

4731.71, 4733.15, 4733.151, 4736.12, 4743.05,

162

4757.31, 4781.01, 4781.02, 4781.04, 4781.07,

163

4781.09, 4781.14, 4781.15, 4781.99, 4905.90,

164

4909.15, 4911.02, 4927.17, 4928.10, 4928.18,

165

4928.20, 4929.22, 4929.26, 4929.27, 4931.51,

166

4931.52, 4931.53, 5101.16, 5101.181, 5101.182,

167

5101.183, 5101.244, 5101.26, 5101.27, 5101.271,

168

5101.272, 5101.28, 5101.30, 5101.35, 5101.37,

169

5101.46, 5101.47, 5101.571, 5101.573, 5101.58,

170

5101.60, 5101.61, 5104.01, 5104.011, 5104.04,

171

5104.13, 5104.30, 5104.32, 5104.341, 5104.35,

172

5104.37, 5104.38, 5104.39, 5104.42, 5104.43,

173

5111.012, 5111.013, 5111.0112, 5111.021, 5111.023,

174

5111.025, 5111.031, 5111.06, 5111.113, 5111.13,

175

5111.151, 5111.16, 5111.162, 5111.17, 5111.172,

176

5111.20, 5111.21, 5111.211, 5111.222, 5111.23,

177

5111.231, 5111.235, 5111.24, 5111.241, 5111.244,

178

5111.25, 5111.251, 5111.254, 5111.258, 5111.27,

179

5111.28, 5111.33, 5111.35, 5111.52, 5111.65,

180

5111.66, 5111.67, 5111.671, 5111.672, 5111.68,

181

5111.681, 5111.687, 5111.689, 5111.709, 5111.85,

182

5111.871, 5111.872, 5111.873, 5111.874, 5111.877,

183

5111.88, 5111.89, 5111.891, 5111.894, 5111.911,

184

5111.912, 5111.913, 5111.94, 5111.941, 5111.97,

185

5112.30, 5112.31, 5112.37, 5112.371, 5112.39,

186

5112.40, 5112.41, 5112.46, 5112.99, 5119.01,

187

5119.02, 5119.06, 5119.16, 5119.18, 5119.22,

188

5119.221, 5119.61, 5119.611, 5119.613, 5119.62,

189

5119.621, 5119.99, 5120.135, 5120.17, 5120.28,

190

5120.29, 5122.01, 5122.02, 5122.15, 5122.21,

191

5122.27, 5122.271, 5122.29, 5122.31, 5122.32,

192

5123.01, 5123.0413, 5123.0417, 5123.051, 5123.092,

193

5123.171, 5123.18, 5123.19, 5123.191, 5123.194,

194

5123.35, 5123.352, 5123.45, 5123.60, 5123.61,

195

5123.63, 5123.64, 5123.69, 5123.701, 5123.86,

196

5123.99, 5126.01, 5126.029, 5126.04, 5126.042,

197

5126.05, 5126.054, 5126.0510, 5126.0511,

198

5126.0512, 5126.08, 5126.11, 5126.12, 5126.23,

199

5126.24, 5126.33, 5126.41, 5126.42, 5139.11,

200

5139.43, 5310.35, 5505.04, 5540.03, 5540.031,

201

5540.05, 5543.10, 5552.06, 5553.05, 5553.19,

202

5553.23, 5553.42, 5555.07, 5555.27, 5555.42,

203

5559.06, 5559.10, 5559.12, 5561.04, 5561.08,

204

5571.011, 5573.02, 5573.10, 5575.01, 5575.02,

205

5591.15, 5593.08, 5701.13, 5703.05, 5703.37,

206

5705.14, 5705.16, 5705.191, 5705.194, 5705.196,

207

5705.21, 5705.211, 5705.218, 5705.25, 5705.251,

208

5705.261, 5705.314, 5705.392, 5705.412, 5705.71,

209

5707.031, 5709.07, 5709.62, 5709.63, 5709.632,

210

5713.01, 5715.17, 5715.23, 5715.26, 5719.04,

211

5721.01, 5721.03, 5721.04, 5721.18, 5721.30,

212

5721.31, 5721.32, 5721.37, 5721.38, 5721.42,

213

5722.13, 5723.05, 5725.151, 5725.24, 5725.98,

214

5727.57, 5727.84, 5727.85, 5727.86, 5729.98,

215

5731.02, 5731.19, 5731.21, 5731.39, 5733.0610,

216

5733.23, 5739.02, 5739.021, 5739.022, 5739.026,

217

5739.101, 5747.01, 5747.058, 5747.113, 5747.451,

218

5747.46, 5747.51, 5748.02, 5748.021, 5748.04,

219

5748.08, 5751.01, 5751.011, 5751.20, 5751.21,

220

5751.22, 5751.23, 5751.50, 5753.01, 6101.16,

221

6103.04, 6103.05, 6103.06, 6103.081, 6103.31,

222

6105.131, 6109.21, 6111.038, 6111.044, 6111.46,

223

6115.01, 6115.20, 6117.05, 6117.06, 6117.07,

224

6117.251, 6117.49, 6119.10, 6119.18, 6119.22,

225

6119.25, and 6119.58; to amend, for the purpose of

226

adopting new section numbers as indicated in

227

parentheses, sections 173.35 (5119.69), 173.351

228

(5119.691), 173.36 (5119.692), 3306.12

229

(3317.0212), 3314.20 (3313.473), 3721.561

230

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

231

3722.02 (5119.71), 3722.021 (5119.711), 3722.022

232

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

233

3722.041 (5119.731), 3722.05 (5119.74), 3722.06

234

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

235

3722.09 (5119.78), 3722.10 (5119.79), 3722.11

236

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

237

3722.14 (5119.83), 3722.15 (5119.84), 3722.151

238

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

239

3722.18 (5119.88), 3733.02 (4781.26), 3733.021

240

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

241

3733.025 (4781.34), 3733.03 (4781.27), 3733.04

242

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

243

3733.08 (4781.35), 3733.09 (4781.36), 3733.091

244

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

245

3733.11 (4781.40), 3733.12 (4781.41), 3733.121

246

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

247

3733.13 (4781.45), 3733.14 (4781.46), 3733.15

248

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

249

3733.18 (4781.50), 3733.19 (4781.51), 3733.20

250

(4781.52), 5101.271 (5101.272), 5101.272

251

(5101.273), 5111.14 (5111.141), 5111.261

252

(5111.263), 5111.892 (5111.893), 5119.612

253

(5119.613), 5119.613 (5119.614), and 5123.60

254

(5123.601); to enact new sections 2151.56,

255

2151.57, 2151.58, 2151.59, 3314.016, 3319.112,

256

5101.271, 5111.14, 5111.261, 5111.861, 5111.892,

257

5119.612, 5123.60, and 5126.18, and sections 7.16,

258

9.031, 9.05, 9.334, 9.335, 9.482, 111.181, 111.28,

259

111.29, 118.025, 118.31, 124.394, 125.024,

260

125.182, 125.213, 126.141, 126.60, 126.601,

261

126.602, 126.603, 126.604, 126.605, 149.308,

262

153.501, 153.502, 153.53, 153.55, 153.692,

263

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

264

164.30, 173.41, 183.151, 305.23, 306.322, 306.55,

265

306.551, 349.17, 523.01, 523.02, 523.03, 523.04,

266

523.05, 523.06, 523.07, 523.08, 717.08, 1327.501,

267

1505.011, 1505.05, 1509.022, 1541.25, 1541.26,

268

1571.012, 1571.013, 1571.014, 2151.429, 2335.061,

269

3123.591, 3302.042, 3302.06, 3302.061, 3302.062,

270

3302.063, 3302.064, 3302.065, 3302.066, 3302.067,

271

3302.068, 3302.12, 3302.20, 3302.21, 3302.22,

272

3302.23, 3302.24, 3302.25, 3302.30, 3311.0510,

273

3313.411, 3313.617, 3313.846, 3313.88, 3314.029,

274

3314.38, 3314.50, 3316.21, 3317.141, 3318.054,

275

3318.371, 3318.48, 3318.60, 3319.113, 3319.227,

276

3319.58, 3323.25, 3324.08, 3328.01 to 3328.04,

277

3328.11 to 3328.15, 3328.17 to 3328.19, 3328.191,

278

3328.192, 3328.193, 3328.20 to 3328.26, 3328.41,

279

3328.45, 3328.50, 3328.99, 3333.43, 3345.023,

280

3345.81, 3353.15, 3521.04, 3701.0211, 3701.032,

281

3701.94, 3701.941, 3709.341, 3727.60, 3745.016,

282

3770.031, 3793.061, 3903.301, 4303.209, 4313.01,

283

4313.02, 4729.021, 4781.121, 4781.54, 4911.021,

284

5111.0122, 5111.0123, 5111.0124, 5111.0125,

285

5111.0212, 5111.0213, 5111.0214, 5111.0215,

286

5111.035, 5111.051, 5111.052, 5111.063, 5111.085,

287

5111.161, 5111.179, 5111.224, 5111.225, 5111.259,

288

5111.83, 5111.862, 5111.863, 5111.944, 5111.945,

289

5111.981, 5112.991, 5119.012, 5119.013, 5119.222,

290

5119.622, 5119.623, 5120.092, 5122.341, 5123.0418,

291

5123.0419, 5123.0420, 5501.84, 5703.059, 5725.34,

292

and 5729.17; and to repeal sections 7.14, 9.901,

293

122.0818, 122.121, 122.452, 126.04, 126.501,

294

126.502, 126.507, 165.031, 340.08, 701.04,

295

1501.031, 1551.13, 2151.56, 2151.57, 2151.58,

296

2151.59, 2151.60, 2151.61, 2301.19, 3123.52,

297

3123.61, 3123.612, 3123.613, 3123.614, 3306.01,

298

3306.011, 3306.012, 3306.02, 3306.03, 3306.04,

299

3306.05, 3306.051, 3306.052, 3306.06, 3306.07,

300

3306.08, 3306.09, 3306.091, 3306.10, 3306.11,

301

3306.13, 3306.19, 3306.191, 3306.192, 3306.21,

302

3306.22, 3306.29, 3306.291, 3306.292, 3306.51,

303

3306.52, 3306.53, 3306.54, 3306.55, 3306.56,

304

3306.57, 3306.58, 3306.59, 3311.059, 3313.202,

305

3314.014, 3314.016, 3314.017, 3314.025, 3314.082,

306

3314.085, 3314.402, 3317.011, 3317.016, 3317.017,

307

3317.0216, 3317.04, 3317.17, 3319.112, 3319.161,

308

3329.16, 3349.242, 3706.042, 3721.56, 3722.99,

309

3733.01, 3733.031, 3733.07, 3923.90, 3923.91,

310

4115.032, 4582.37, 4981.23, 5101.5211, 5101.5212,

311

5101.5213, 5101.5214, 5101.5215, 5101.5216,

312

5111.243, 5111.34, 5111.861, 5111.893, 5111.971,

313

5122.36, 5123.172, 5123.181, 5123.193, 5123.211,

314

5123.601, 5123.602, 5123.603, 5123.604, 5123.605,

315

5126.18, and 5126.19 of the Revised Code; to amend

316

Section 205.10 of Am. Sub. H.B. 114 of the 129th

317

General Assembly, Section 125.10 of Am. Sub. H.B.

318

1 of the 128th General Assembly, Section 5 of Sub.

319

H.B. 125 of the 127th General Assembly, as

320

subsequently amended, and Section 153 of Am. Sub.

321

H.B. 117 of the 121st General Assembly, as

322

subsequently amended; to repeal Section 5 of Sub.

323

H.B. 2 of the 127th General Assembly; and to amend

324

the version of section 5111.913 of the Revised

325

Code that results from Section 101.01 of this act

326

on July 1, 2012; and to terminate certain

327

provisions of this act on June 30, 2013, by

328

repealing sections 126.60, 126.601, 126.602,

329

126.603, 126.604, and 126.605 on that date; to

330

make operating appropriations for the biennium

331

beginning July 1, 2011, and ending June 30, 2013;

332

and to provide authorization and conditions for

333

the operation of programs, including reforms for

334

the efficient and effective operation of state and

335

local government.

336

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

Section 101.01. That sections 7.10, 7.11, 7.12, 9.03, 9.06,	337
9.231, 9.24, 9.33, 9.331, 9.332, 9.333, 9.90, 101.15, 102.02,	338
105.41, 107.09, 109.02, 109.36, 109.42, 109.57, 109.572, 111.12,	339
111.16, 111.18, 117.101, 117.13, 118.023, 118.04, 118.05, 118.06,	340
118.12, 118.17, 118.99, 121.03, 121.04, 121.22, 121.37, 121.40,	341
121.401, 121.402, 121.403, 121.404, 122.085, 122.088, 122.0810,	342
122.0816, 122.0819, 122.121, 122.171, 122.65, 122.652, 122.653,	343
122.657, 122.76, 123.011, 124.09, 124.23, 124.231, 124.24, 124.25,	344
124.26, 124.27, 124.31, 124.34, 124.393, 125.021, 125.15, 125.18,	345
125.28, 125.89, 126.12, 126.21, 126.24, 126.50, 127.16, 131.23,	346
131.44, 131.51, 133.06, 133.18, 133.20, 133.55, 135.05, 135.61,	347
135.65, 135.66, 145.27, 149.01, 149.091, 149.11, 149.311, 153.01,	348
153.02, 153.03, 153.07, 153.08, 153.50, 153.51, 153.52, 153.54,	349
153.56, 153.57, 153.581, 153.65, 153.66, 153.67, 153.69, 153.70,	350
153.71, 153.80, 154.02, 154.07, 164.02, 164.04, 164.05, 164.051,	351
164.06, 164.08, 164.14, 164.21, 166.02, 173.14, 173.21, 173.26,	352
173.35, 173.351, 173.36, 173.391, 173.40, 173.401, 173.403,	353
173.404, 173.42, 173.45, 173.46, 173.47, 173.48, 173.501, 183.30,	354
183.51, 185.01, 185.03, 185.06, 185.10, 301.02, 301.15, 301.28,	355
306.35, 306.43, 306.70, 307.022, 307.041, 307.10, 307.12, 307.676,	356
307.70, 307.79, 307.791, 307.81, 307.82, 307.83, 307.86, 308.13,	357
317.20, 319.11, 319.301, 319.54, 321.18, 322.02, 322.021, 323.08,	358
323.73, 323.78, 324.02, 324.021, 340.02, 340.03, 340.05, 340.091,	359
340.11, 341.192, 343.08, 345.03, 349.01, 349.03, 349.04, 349.06,	360
349.07, 349.09, 349.14, 501.07, 503.05, 503.162, 503.41, 504.02,	361
504.03, 504.12, 504.21, 505.101, 505.108, 505.17, 505.264, 505.28,	362
505.373, 505.55, 505.73, 507.09, 511.23, 511.25, 511.28, 511.34,	363
513.14, 515.04, 517.12, 517.22, 521.03, 705.16, 711.35, 715.011,	364
715.47, 718.01, 718.09, 718.10, 719.012, 719.05, 721.03, 721.15,	365
721.20, 723.07, 727.011, 727.012, 727.08, 727.14, 727.46, 729.08,	366
729.11, 731.141, 731.20, 731.21, 731.211, 731.22, 731.23, 731.24,	367
731.25, 735.05, 735.20, 737.32, 742.41, 745.07, 747.05, 747.11,	368
747.12, 755.16, 755.29, 755.41, 755.42, 755.43, 759.47, 901.09,	369
924.52, 927.69, 951.11, 1309.528, 1327.46, 1327.50, 1327.51,	370
1327.511, 1327.54, 1327.57, 1327.62, 1327.99, 1329.04, 1329.42,	371
1332.24, 1501.022, 1501.40, 1503.05, 1505.01, 1505.04, 1505.06,	372
1505.09, 1505.11, 1505.99, 1509.01, 1509.02, 1509.021, 1509.03,	373
1509.04, 1509.041, 1509.05, 1509.06, 1509.061, 1509.062, 1509.07,	374
1509.071, 1509.072, 1509.073, 1509.08, 1509.09, 1509.10, 1509.11,	375
1509.12, 1509.13, 1509.14, 1509.15, 1509.17, 1509.181, 1509.19,	376
1509.21, 1509.22, 1509.221, 1509.222, 1509.223, 1509.224,	377
1509.225, 1509.226, 1509.23, 1509.24, 1509.25, 1509.26, 1509.27,	378
1509.28, 1509.29, 1509.31, 1509.32, 1509.33, 1509.34, 1509.36,	379
1509.38, 1509.40, 1509.50, 1510.01, 1510.08, 1515.08, 1515.14,	380
1515.24, 1517.02, 1531.04, 1541.03, 1541.05, 1545.09, 1545.12,	381
1547.302, 1551.311, 1551.32, 1551.33, 1551.35, 1555.02, 1555.03,	382
1555.04, 1555.05, 1555.06, 1555.08, 1555.17, 1561.06, 1561.12,	383
1561.13, 1561.35, 1561.49, 1563.06, 1563.24, 1563.28, 1571.01,	384
1571.02, 1571.03, 1571.04, 1571.05, 1571.06, 1571.08, 1571.09,	385
1571.10, 1571.11, 1571.14, 1571.16, 1571.18, 1571.99, 1701.07,	386
1702.59, 1703.031, 1703.07, 1707.11, 1707.17, 1711.05, 1711.07,	387
1711.18, 1711.30, 1728.06, 1728.07, 1751.01, 1751.04, 1751.11,	388
1751.111, 1751.12, 1751.13, 1751.15, 1751.17, 1751.20, 1751.31,	389
1751.34, 1751.60, 1761.04, 1776.83, 1785.06, 1901.18, 1909.11,	390
1923.01, 1923.02, 1923.061, 1923.15, 2101.08, 2105.09, 2151.011,	391
2151.312, 2151.354, 2151.412, 2151.421, 2151.424, 2152.26,	392
2152.72, 2301.03, 2301.18, 2301.20, 2301.21, 2301.22, 2301.23,	393
2301.24, 2301.25, 2301.26, 2305.01, 2317.02, 2317.422, 2319.27,	394
2329.26, 2335.05, 2335.06, 2501.16, 2501.17, 2743.09, 2744.05,	395
2903.33, 2919.271, 2939.11, 2945.371, 2945.38, 2945.39, 2945.40,	396
2945.401, 2945.402, 2949.14, 3109.16, 3109.17, 3111.04, 3113.06,	397
3119.54, 3121.48, 3123.44, 3123.45, 3123.55, 3123.56, 3123.58,	398
3123.59, 3123.63, 3301.07, 3301.071, 3301.079, 3301.0710,	399
3301.0711, 3301.0712, 3301.16, 3301.162, 3301.70, 3302.02,	400
3302.031, 3302.05, 3302.07, 3304.181, 3304.182, 3306.12, 3307.20,	401
3307.31, 3307.64, 3309.22, 3309.41, 3309.48, 3309.51, 3310.02,	402
3310.03, 3310.05, 3310.08, 3310.41, 3311.05, 3311.06, 3311.19,	403
3311.21, 3311.213, 3311.214, 3311.29, 3311.50, 3311.52, 3311.53,	404
3311.73, 3311.76, 3313.12, 3313.29, 3313.33, 3313.372, 3313.41,	405
3313.46, 3313.482, 3313.533, 3313.55, 3313.603, 3313.61, 3313.611,	406
3313.612, 3313.614, 3313.64, 3313.6410, 3313.65, 3313.75,	407
3313.842, 3313.843, 3313.845, 3313.911, 3313.975, 3313.978,	408
3313.981, 3314.01, 3314.013, 3314.015, 3314.02, 3314.021,	409
3314.026, 3314.03, 3314.04, 3314.05, 3314.06, 3314.07, 3314.08,	410
3314.087, 3314.088, 3314.091, 3314.10, 3314.13, 3314.19, 3314.22,	411
3314.26, 3314.35, 3314.36, 3315.01, 3316.041, 3316.06, 3316.20,	412
3317.01, 3317.013, 3317.014, 3317.018, 3317.02, 3317.021,	413
3317.022, 3317.023, 3317.024, 3317.025, 3317.0210, 3317.0211,	414
3317.03, 3317.031, 3317.05, 3317.051, 3317.053, 3317.06, 3317.061,	415
3317.07, 3317.08, 3317.081, 3317.082, 3317.09, 3317.11, 3317.12,	416
3317.13, 3317.14, 3317.16, 3317.18, 3317.19, 3317.20, 3317.201,	417
3318.032, 3318.05, 3318.051, 3318.08, 3318.12, 3318.31, 3318.36,	418
3318.37, 3318.38, 3318.41, 3319.02, 3319.08, 3319.088, 3319.11,	419
3319.111, 3319.14, 3319.141, 3319.16, 3319.17, 3319.18, 3319.19,	420
3319.26, 3319.31, 3319.311, 3319.39, 3319.57, 3319.71, 3323.09,	421
3323.091, 3323.14, 3323.142, 3323.31, 3324.05, 3325.01, 3325.08,	422
3326.11, 3326.33, 3326.39, 3327.02, 3327.04, 3327.05, 3329.08,	423
3331.01, 3333.03, 3333.043, 3333.31, 3333.66, 3333.81, 3333.82,	424
3333.83, 3333.84, 3333.85, 3333.87, 3333.90, 3334.19, 3345.061,	425
3345.14, 3349.29, 3353.04, 3354.12, 3354.16, 3355.09, 3357.16,	426
3365.01, 3365.08, 3375.41, 3381.11, 3501.03, 3501.17, 3505.13,	427
3506.05, 3701.021, 3701.023, 3701.07, 3701.61, 3701.74, 3701.83,	428
3702.31, 3702.59, 3704.06, 3704.14, 3705.24, 3709.085, 3709.09,	429
3709.092, 3709.21, 3709.34, 3721.01, 3721.011, 3721.02, 3721.04,	430
3721.16, 3721.50, 3721.51, 3721.561, 3721.58, 3722.01, 3722.011,	431
3722.02, 3722.021, 3722.022, 3722.04, 3722.041, 3722.05, 3722.06,	432
3722.07, 3722.08, 3722.09, 3722.10, 3722.11, 3722.12, 3722.13,	433
3722.14, 3722.15, 3722.151, 3722.16, 3722.17, 3722.18, 3729.01,	434
3733.02, 3733.021, 3733.022, 3733.024, 3733.025, 3733.03, 3733.04,	435
3733.05, 3733.06, 3733.08, 3733.09, 3733.091, 3733.10, 3733.101,	436
3733.11, 3733.12, 3733.121, 3733.122, 3733.123, 3733.13, 3733.14,	437
3733.15, 3733.17, 3733.18, 3733.19, 3733.20, 3733.41, 3733.99,	438
3734.02, 3734.05, 3734.06, 3734.18, 3734.19, 3734.20, 3734.21,	439
3734.22, 3734.23, 3734.24, 3734.25, 3734.26, 3734.27, 3734.28,	440
3734.282, 3734.57, 3734.85, 3734.901, 3735.36, 3735.66, 3737.83,	441
3737.841, 3737.87, 3737.88, 3745.015, 3745.05, 3745.11, 3746.02,	442
3750.081, 3769.07, 3769.08, 3769.20, 3769.26, 3770.03, 3770.05,	443
3772.062, 3781.06, 3781.183, 3791.043, 3793.04, 3793.06, 3793.21,	444
3901.3814, 3903.01, 3923.28, 3923.281, 3923.30, 3924.10, 3963.01,	445
3963.11, 4113.11, 4113.61, 4115.03, 4115.033, 4115.034, 4115.04,	446
4115.10, 4115.101, 4115.16, 4116.01, 4117.01, 4117.03, 4117.06,	447
4123.27, 4131.03, 4141.08, 4141.11, 4141.33, 4301.12, 4301.43,	448
4301.62, 4301.80, 4301.81, 4303.02, 4503.06, 4503.061, 4503.062,	449
4503.235, 4503.70, 4503.93, 4504.02, 4504.021, 4504.15, 4504.16,	450
4504.18, 4506.071, 4507.111, 4507.164, 4510.037, 4510.038,	451
4511.191, 4511.193, 4513.62, 4517.01, 4517.04, 4517.09, 4517.10,	452
4517.12, 4517.13, 4517.14, 4517.23, 4517.24, 4517.44, 4582.31,	453
4585.10, 4705.021, 4709.13, 4725.34, 4725.48, 4725.50, 4725.52,	454
4725.57, 4731.65, 4731.71, 4733.15, 4733.151, 4736.12, 4743.05,	455
4757.31, 4781.01, 4781.02, 4781.04, 4781.07, 4781.09, 4781.14,	456
4781.15, 4781.99, 4905.90, 4909.15, 4911.02, 4927.17, 4928.10,	457
4928.18, 4928.20, 4929.22, 4929.26, 4929.27, 4931.51, 4931.52,	458
4931.53, 5101.16, 5101.181, 5101.182, 5101.183, 5101.244, 5101.26,	459
5101.27, 5101.271, 5101.272, 5101.28, 5101.30, 5101.35, 5101.37,	460
5101.46, 5101.47, 5101.571, 5101.573, 5101.58, 5101.60, 5101.61,	461
5104.01, 5104.011, 5104.04, 5104.13, 5104.30, 5104.32, 5104.341,	462
5104.35, 5104.37, 5104.38, 5104.39, 5104.42, 5104.43, 5111.012,	463
5111.013, 5111.0112, 5111.021, 5111.023, 5111.025, 5111.031,	464
5111.06, 5111.113, 5111.13, 5111.151, 5111.16, 5111.162, 5111.17,	465
5111.172, 5111.20, 5111.21, 5111.211, 5111.222, 5111.23, 5111.231,	466
5111.235, 5111.24, 5111.241, 5111.244, 5111.25, 5111.251,	467
5111.254, 5111.258, 5111.27, 5111.28, 5111.33, 5111.35, 5111.52,	468
5111.65, 5111.66, 5111.67, 5111.671, 5111.672, 5111.68, 5111.681,	469
5111.687, 5111.689, 5111.709, 5111.85, 5111.871, 5111.872,	470
5111.873, 5111.874, 5111.877, 5111.88, 5111.89, 5111.891,	471
5111.894, 5111.911, 5111.912, 5111.913, 5111.94, 5111.941,	472
5111.97, 5112.30, 5112.31, 5112.37, 5112.371, 5112.39, 5112.40,	473
5112.41, 5112.46, 5112.99, 5119.01, 5119.02, 5119.06, 5119.16,	474
5119.18, 5119.22, 5119.221, 5119.61, 5119.611, 5119.613, 5119.62,	475
5119.621, 5119.99, 5120.135, 5120.17, 5120.28, 5120.29, 5122.01,	476
5122.02, 5122.15, 5122.21, 5122.27, 5122.271, 5122.29, 5122.31,	477
5122.32, 5123.01, 5123.0413, 5123.0417, 5123.051, 5123.092,	478
5123.171, 5123.18, 5123.19, 5123.191, 5123.194, 5123.35, 5123.352,	479
5123.45, 5123.60, 5123.61, 5123.63, 5123.64, 5123.69, 5123.701,	480
5123.86, 5123.99, 5126.01, 5126.029, 5126.04, 5126.042, 5126.05,	481
5126.054, 5126.0510, 5126.0511, 5126.0512, 5126.08, 5126.11,	482
5126.12, 5126.23, 5126.24, 5126.33, 5126.41, 5126.42, 5139.11,	483
5139.43, 5310.35, 5505.04, 5540.03, 5540.031, 5540.05, 5543.10,	484
5552.06, 5553.05, 5553.19, 5553.23, 5553.42, 5555.07, 5555.27,	485
5555.42, 5559.06, 5559.10, 5559.12, 5561.04, 5561.08, 5571.011,	486
5573.02, 5573.10, 5575.01, 5575.02, 5591.15, 5593.08, 5701.13,	487
5703.05, 5703.37, 5705.14, 5705.16, 5705.191, 5705.194, 5705.196,	488
5705.21, 5705.211, 5705.218, 5705.25, 5705.251, 5705.261,	489
5705.314, 5705.392, 5705.412, 5705.71, 5707.031, 5709.07, 5709.62,	490
5709.63, 5709.632, 5713.01, 5715.17, 5715.23, 5715.26, 5719.04,	491
5721.01, 5721.03, 5721.04, 5721.18, 5721.30, 5721.31, 5721.32,	492
5721.37, 5721.38, 5721.42, 5722.13, 5723.05, 5725.151, 5725.24,	493
5725.98, 5727.57, 5727.84, 5727.85, 5727.86, 5729.98, 5731.02,	494
5731.19, 5731.21, 5731.39, 5733.0610, 5733.23, 5739.02, 5739.021,	495
5739.022, 5739.026, 5739.101, 5747.01, 5747.058, 5747.113,	496
5747.451, 5747.46, 5747.51, 5748.02, 5748.021, 5748.04, 5748.08,	497
5751.01, 5751.011, 5751.20, 5751.21, 5751.22, 5751.23, 5751.50,	498
5753.01, 6101.16, 6103.04, 6103.05, 6103.06, 6103.081, 6103.31,	499
6105.131, 6109.21, 6111.038, 6111.044, 6111.46, 6115.01, 6115.20,	500
6117.05, 6117.06, 6117.07, 6117.251, 6117.49, 6119.10, 6119.18,	501
6119.22, 6119.25, and 6119.58 be amended; sections 173.35	502
(5119.69), 173.351 (5119.691), 173.36 (5119.692), 3306.12	503
(3317.0212), 3314.20 (3313.473), 3721.561 (3721.56), 3722.01	504
(5119.70), 3722.011 (5119.701), 3722.02 (5119.71), 3722.021	505
(5119.711), 3722.022 (5119.712), 3722.03 (5119.72), 3722.04	506
(5119.73), 3722.041 (5119.731), 3722.05 (5119.74), 3722.06	507
(5119.75), 3722.07 (5119.76), 3722.08 (5119.77), 3722.09	508
(5119.78), 3722.10 (5119.79), 3722.11 (5119.80), 3722.12	509
(5119.81), 3722.13 (5119.82), 3722.14 (5119.83), 3722.15	510
(5119.84), 3722.151 (5119.85), 3722.16 (5119.86), 3722.17	511
(5119.87), 3722.18 (5119.88), 3733.02 (4781.26), 3733.021	512
(4781.31), 3733.022 (4781.32), 3733.024 (4781.33), 3733.025	513
(4781.34), 3733.03 (4781.27), 3733.04 (4781.28), 3733.05	514
(4781.29), 3733.06 (4781.30), 3733.08 (4781.35), 3733.09	515
(4781.36), 3733.091 (4781.37), 3733.10 (4781.38), 3733.101	516
(4781.39), 3733.11 (4781.40), 3733.12 (4781.41), 3733.121	517
(4781.42), 3733.122 (4781.43), 3733.123 (4781.44), 3733.13	518
(4781.45), 3733.14 (4781.46), 3733.15 (4781.47), 3733.16	519
(4781.48), 3733.17 (4781.49), 3733.18 (4781.50), 3733.19	520
(4781.51), 3733.20 (4781.52), 5101.271 (5101.272), 5101.272	521
(5101.273), 5111.14 (5111.141), 5111.261 (5111.263), 5111.892	522
(5111.893), 5119.612 (5119.613), 5119.613 (5119.614), and 5123.60	523
(5123.601) be amended for the purpose of adopting new section	524
numbers as indicated in parentheses; that new sections 2151.56,	525
2151.57, 2151.58, 2151.59, 3314.016, 3319.112, 5101.271, 5111.14,	526
5111.261, 5111.861, 5111.892, 5119.612, 5123.60, and 5126.18, and	527
sections 7.16, 9.031, 9.05, 9.334, 9.335, 9.482, 111.181, 111.28,	528
111.29, 118.025, 118.31, 124.394, 125.024, 125.182, 125.213,	529
126.141, 126.60, 126.601, 126.602, 126.603, 126.604, 126.605,	530
149.308, 153.501, 153.502, 153.53, 153.55, 153.692, 153.693,	531
153.694, 153.72, 153.73, 154.24, 154.25, 164.30, 173.41, 183.151,	532
305.23, 306.322, 306.55, 306.551, 349.17, 523.01, 523.02, 523.03,	533
523.04, 523.05, 523.06, 523.07, 523.08, 717.08, 1327.501,	534
1505.011, 1505.05, 1509.022, 1541.25, 1541.26, 1571.012, 1571.013,	535
1571.014, 2151.429, 2335.061, 3123.591, 3302.042, 3302.06,	536
3302.061, 3302.062, 3302.063, 3302.064, 3302.065, 3302.066,	537
3302.067, 3302.068, 3302.12, 3302.20, 3302.21, 3302.22, 3302.23,	538
3302.24, 3302.25, 3302.30, 3311.0510, 3313.411, 3313.617,	539
3313.846, 3313.88, 3314.029, 3314.38, 3314.50, 3316.21, 3317.141,	540
3318.054, 3318.371, 3318.48, 3318.60, 3319.113, 3319.227, 3319.58,	541
3323.25, 3324.08, 3328.01, 3328.02, 3328.03, 3328.04, 3328.11,	542
3328.12, 3328.13, 3328.14, 3328.15, 3328.17, 3328.18, 3328.19,	543
3328.191, 3328.192, 3328.193, 3328.20, 3328.21, 3328.22, 3328.23,	544
3328.24, 3328.25, 3328.26, 3328.41, 3328.45, 3328.50, 3328.99,	545
3333.43, 3345.023, 3345.81, 3353.15, 3521.04, 3701.0211, 3701.032,	546
3701.94, 3701.941, 3709.341, 3727.60, 3745.016, 3770.031,	547
3793.061, 3903.301, 4303.209, 4313.01, 4313.02, 4729.021,	548
4781.121, 4781.54, 4911.021, 5111.0122, 5111.0123, 5111.0124,	549
5111.0125, 5111.0212, 5111.0213, 5111.0214, 5111.0215, 5111.035,	550
5111.051, 5111.052, 5111.063, 5111.085, 5111.161, 5111.179,	551
5111.224, 5111.225, 5111.259, 5111.83, 5111.862, 5111.863,	552
5111.944, 5111.945, 5111.981, 5112.991, 5119.012, 5119.013,	553
5119.222, 5119.622, 5119.623, 5120.092, 5122.341, 5123.0418,	554
5123.0419, 5123.0420, 5501.84, 5703.059, 5725.34, and 5729.17 of	555
the Revised Code be enacted to read as follows:	556

Sec. 7.10. For the publication of advertisements, notices,	557
and proclamations, except those relating to proposed amendments to	558
the Ohio ~~constitution~~Constitution, required to be published by a	559
public officer of the state, ~~county, municipal corporation,~~	560
~~township, school~~, a benevolent or other public institution, ~~or by~~	561
a trustee, assignee, executor, or administrator, or by or in any	562
court of record, except when the rate is otherwise fixed by law,	563
publishers of newspapers may charge and receive for such	564
advertisements, notices, and proclamations rates charged on annual	565
contracts by them for a like amount of space to other advertisers	566
who advertise in its general display advertising columns. ~~Legal~~	567

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

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

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

Sec. 7.11. A proclamation for an election, an order fixing	589
the time of holding court, notice of the rates of taxation, bridge	590
and pike notices, notice to contractors, and such other	591
advertisements of general interest to the taxpayers as the county	592
auditor, county treasurer, probate judge, or board of county	593
commissioners deems proper shall be published in ~~two newspapers~~a	594
newspaper of ~~opposite politics of~~ general circulation, as defined	595
in section ~~5721.01~~7.12 of the Revised Code at the county seat if	596
~~there are such newspapers published thereat. If there are not two~~	597
~~newspapers of opposite politics and of general circulation~~	598
~~published in said county seat, such publication shall be made in~~	599
~~one newspaper published in said county seat and in any other~~	600
~~newspaper of general circulation in said county as defined in~~	601
~~section 5721.01 of the Revised Code, wherever published, without~~	602
~~regard to the politics of such other newspaper~~. In counties having	603
cities of eight thousand inhabitants or more, not the county seat	604
of such counties, additional publication of such notice shall be	605
made in ~~two newspapers~~a newspaper of ~~opposite politics and of~~	606
general circulation ~~in such city~~, as defined in such section, in	607
such city. ~~For purposes of this section, a newspaper independent~~	608
~~in politics is a newspaper of opposite politics to a newspaper of~~	609
~~designated political affiliation. Sections 7.10 to 7.13,~~	610
~~inclusive, of the Revised Code, do not apply to the publication of~~	611
~~notices of delinquent and forfeited land sales.~~	612

The cost of any publication authorized by this section, which	613
isshall be printed in display form, shall be the ~~commercial~~	614
government rate ~~charged~~established by such newspaper under	615
section 7.10 of the Revised Code.	616

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

~~In addition to all other requirements, a~~"newspaper" or	639
"newspaper of general circulation," except ~~those publications~~	640
daily law journals in existence on or before July 1, 2011, and	641
performing the functions described in section 2701.09 of the	642
Revised Code for a period of ~~one year~~three years immediately	643
preceding any such legal publication required to be made, ~~shall be~~	644
is a publication bearing a title or name,that is regularly issued	645
~~as frequently as~~at least once a week ~~for a definite price or~~	646
~~consideration paid for by not less than fifty per cent of those to~~	647
~~whom distribution is made, having a second class mailing~~	648
~~privilege, being not less than four pages, published continuously~~	649
~~during the immediately preceding one-year period, and circulated~~	650
~~generally in the political subdivision in which it is published.~~	651
~~Such publication must be of a type to which the general public~~	652
~~resorts for passing events of a political, religious, commercial,~~	653
~~and social nature, current happenings, announcements,~~	654
~~miscellaneous reading matter, advertisements, and other notices~~,	655
and that meets all of the following requirements:	656

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

737

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

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

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

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

751

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

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

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

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

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

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

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

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

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

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

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

788

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) A requirement that ~~the contractor retain the contractor's~~	894
~~accreditation from the American correctional association~~	895
~~throughout the contract term or~~, if the contractor applied	896
pursuant to division (A)(3)(b) of this section, the contractor	897
continue complying with the applicable criteria and specifications	898
adopted by the department of rehabilitation and correction	899
pursuant to division (A)(2) of this section;	900

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(5) Approving inmates for work release;

1065

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(K) As used in this section:

1216

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

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

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

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

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

1236

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

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

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

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

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

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

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

1289

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(D) The auditor of state shall maintain a database,	1451
accessible to the public, listing persons against whom an	1452
unresolved finding for recovery has been issued, and the amount of	1453
the money identified in the unresolved finding for recovery. The	1454
auditor of state shall have this database operational on or before	1455
January 1, 2004. The initial database shall contain the	1456
information required under this division for calendar years 2001,	1457
2002, and 2003.	1458

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

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

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

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

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

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

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

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

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

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

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

1515

(H) As used in this section:

1516

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

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

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

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

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

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

Sec. 9.33. As used in sections 9.33 to ~~9.333~~9.335 of the	1536
Revised Code:	1537

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

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

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

1553

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

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

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

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

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

1567

(1) Competence to perform the required management services as	1568
indicated by the technical training, education, and experience of	1569
the construction manager's or construction manager at risk's	1570
personnel, especially the technical training, education, and	1571
experience of the construction manager's or construction manager	1572
at risk's employees who would be assigned to perform the services;	1573

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

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

(4) Financial responsibility as evidenced by the capability	1580
to provide a letter of credit pursuant to Chapter 1305. of the	1581
Revised Code, a surety bond, certified check, or cashier's check	1582
in an amount equal to the value of the construction management	1583
contract, or by other means acceptable to the public ~~owner~~	1584
authority;	1585

(5) Other similar factors.

1586

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

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

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

Sec. 9.331. (A) Before entering into a contract to employ a	1602
construction manager or construction manager at risk, a public	1603
~~owner~~authority shall advertise, in a newspaper of general	1604
circulation in the county where the contract is to be performed,	1605
and may advertise by electronic means pursuant to rules adopted by	1606
the director of administrative services, notice of its intent to	1607
employ a construction manager or construction manager at risk. The	1608
notice shall invite interested parties to submit proposals for	1609
consideration and shall be published at least thirty days prior to	1610
the date for accepting the proposals. The public ~~owner~~authority	1611
also may advertise the information contained in the notice in	1612
appropriate trade journals and otherwise notify persons believed	1613
to be interested in employment as a construction manager or	1614
construction manager at risk.	1615

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

Sec. 9.332. ~~For every construction management contract, the~~	1620
Every public ~~owner~~authority planning to contract for construction	1621
management services with a construction manager shall evaluate the	1622
proposals submitted and may hold discussions with individual	1623
construction managers to explore further their proposals, the	1624
scope and nature of the services they would provide, and the	1625
various technical approaches they may take regarding the project.	1626
Following this evaluation, the public ~~owner~~authority shall:	1627

(A) Select and rank no fewer than three construction managers	1628
that it considers to be the most qualified to provide the required	1629
construction management services, except when the public ~~owner~~	1630
authority determines in writing that fewer than three qualified	1631
construction managers are available in which case it shall select	1632
and rank them;	1633

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

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

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

(C) Upon failure to negotiate a contract with the	1644
construction manager ranked most qualified, the public ~~owner~~	1645
authority shall inform the construction manager in writing of the	1646
termination of negotiations and enter into negotiations with the	1647
construction manager ranked next most qualified. If negotiations	1648
again fail, the same procedure ~~shall~~may be followed with each	1649
next most qualified construction manager selected and ranked	1650
pursuant to division (A) of this section, in order of ranking,	1651
until a contract is negotiated.	1652

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

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

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

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

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

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

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

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

1703

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1883

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1996

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

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

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

The disclosure statement shall include all of the following:

2062

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) ~~The~~Beginning with statements for calendar year 2011, the	2340
statement required by division (A) of this section shall be	2341
accompanied by the following filing fee to be paid by the person	2342
who is elected or appointed to, or is a candidate for, any of the	2343
following offices:	2344

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2470

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

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

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

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

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

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

2492

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2614

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

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

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

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

2638

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

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

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

(d) A person who, at the time a cause of action against the	2655
person arises, is rendering medical, nursing, dental, podiatric,	2656
optometric, physical therapeutic, psychiatric, or psychological	2657
services to patients in a state institution operated by the	2658
department of mental health~~, is a member of the institution's~~	2659
~~staff, and is performing the services~~ pursuant to an agreement	2660
~~between the state institution and a board of alcohol, drug~~	2661
~~addiction, and mental health services described in section 340.021~~	2662
~~of the Revised Code~~with the department.	2663

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

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

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

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

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

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

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

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

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

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

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

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

(8) The right of the victim in certain criminal or juvenile	2747
cases or a victim's representative pursuant to sections 2151.38,	2748
2929.20, 2930.10, 2930.16, and 2930.17 of the Revised Code to	2749
receive notice of a pending motion for judicial release or other	2750
early release of the person who committed the offense against the	2751
victim, to make an oral or written statement at the court hearing	2752
on the motion, and to be notified of the court's decision on the	2753
motion, and the right of the victim or representative to receive a	2754
copy of any petition for release of the person submitted to a	2755
court under section 2967.19 of the Revised Code, to provide the	2756
court with written information relevant to the petition, and to be	2757
notified of the court's ruling on the petition;	2758

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(D) As used in this section:

2921

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

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

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

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

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

(b) The style and number of the case;

2994

2995

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(G) In addition to or in conjunction with any request that is	3235
required to be made under section 3701.881, 3712.09, 3721.121, or	3236
~~3722.151~~5119.85 of the Revised Code with respect to an individual	3237
who has applied for employment in a position that involves	3238
providing direct care to an older adult, the chief administrator	3239
of a home health agency, hospice care program, home licensed under	3240
Chapter 3721. of the Revised Code, adult day-care program operated	3241
pursuant to rules adopted under section 3721.04 of the Revised	3242
Code, or adult care facility may request that the superintendent	3243
of the bureau investigate and determine, with respect to any	3244
individual who has applied after January 27, 1997, for employment	3245
in a position that does not involve providing direct care to an	3246
older adult, whether the bureau has any information gathered under	3247
division (A) of this section that pertains to that individual.	3248

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

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

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

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

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

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

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

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

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

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

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

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

(3) On receipt of a request pursuant to section 173.27,	3358
173.394, 3712.09, 3721.121, or ~~3722.151~~5119.85 of the Revised	3359
Code, a completed form prescribed pursuant to division (C)(1) of	3360
this section, and a set of fingerprint impressions obtained in the	3361
manner described in division (C)(2) of this section, the	3362
superintendent of the bureau of criminal identification and	3363
investigation shall conduct a criminal records check with respect	3364
to any person who has applied for employment in a position for	3365
which a criminal records check is required by those sections. The	3366
superintendent shall conduct the criminal records check in the	3367
manner described in division (B) of this section to determine	3368
whether any information exists that indicates that the person who	3369
is the subject of the request previously has been convicted of or	3370
pleaded guilty to any of the following:	3371

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(B) The superintendent shall conduct any criminal records	3708
check requested under section 113.041, 121.08, 173.27, 173.394,	3709
1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531, 1322.03,	3710
1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39,	3711
3701.881, 3712.09, 3721.121, ~~3722.151~~5119.85, 3772.07, 4701.08,	3712
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101,	3713
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	3714
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	3715
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	3716
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	3717
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	3718
5126.281, or 5153.111 of the Revised Code as follows:	3719

(1) The superintendent shall review or cause to be reviewed	3720
any relevant information gathered and compiled by the bureau under	3721
division (A) of section 109.57 of the Revised Code that relates to	3722
the person who is the subject of the request, including, if the	3723
criminal records check was requested under section 113.041,	3724
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141,	3725
1321.37, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,	3726
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	3727
~~3722.151~~5119.85, 3772.07, 4749.03, 4749.06, 4763.05, 5104.012,	3728
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	3729
5126.281, or 5153.111 of the Revised Code, any relevant	3730
information contained in records that have been sealed under	3731
section 2953.32 of the Revised Code;	3732

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

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

(C)(1) The superintendent shall prescribe a form to obtain	3751
the information necessary to conduct a criminal records check from	3752
any person for whom a criminal records check is requested under	3753
section 113.041 of the Revised Code or required by section 121.08,	3754
173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53,	3755
1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32,	3756
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, ~~3722.151~~5119.85,	3757
3772.07, 4701.08, 4715.101, 4717.061, 4725.121, 4725.501,	3758
4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171,	3759
4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202,	3760
4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061,	3761
4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091,	3762
5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5123.081,	3763
5126.28, 5126.281, or 5153.111 of the Revised Code. The form that	3764
the superintendent prescribes pursuant to this division may be in	3765
a tangible format, in an electronic format, or in both tangible	3766
and electronic formats.	3767

(2) The superintendent shall prescribe standard impression	3768
sheets to obtain the fingerprint impressions of any person for	3769
whom a criminal records check is requested under section 113.041	3770
of the Revised Code or required by section 121.08, 173.27,	3771
173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531,	3772
1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541,	3773
3319.39, 3701.881, 3712.09, 3721.121, ~~3722.151~~5119.85, 3772.07,	3774
4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 4729.071,	3775
4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222,	3776
4731.281, 4731.296, 4731.531, 4732.091, 4734.202, 4740.061,	3777
4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032,	3778
4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	3779
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	3780
5126.281, or 5153.111 of the Revised Code. Any person for whom a	3781
records check is requested under or required by any of those	3782
sections shall obtain the fingerprint impressions at a county	3783
sheriff's office, municipal police department, or any other entity	3784
with the ability to make fingerprint impressions on the standard	3785
impression sheets prescribed by the superintendent. The office,	3786
department, or entity may charge the person a reasonable fee for	3787
making the impressions. The standard impression sheets the	3788
superintendent prescribes pursuant to this division may be in a	3789
tangible format, in an electronic format, or in both tangible and	3790
electronic formats.	3791

(3) Subject to division (D) of this section, the	3792
superintendent shall prescribe and charge a reasonable fee for	3793
providing a criminal records check requested under section	3794
113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05,	3795
1315.141, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,	3796
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	3797
~~3722.151~~5119.85, 3772.07, 4701.08, 4715.101, 4717.061, 4725.121,	3798
4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15,	3799
4731.171, 4731.222, 4731.281, 4731.296, 4731.531, 4732.091,	3800
4734.202, 4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101,	3801
4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05,	3802
4779.091, 5104.012, 5104.013, 5111.032, 5111.033, 5111.034,	3803
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The	3804
person making a criminal records request under any of those	3805
sections shall pay the fee prescribed pursuant to this division. A	3806
person making a request under section 3701.881 of the Revised Code	3807
for a criminal records check for an applicant who may be both	3808
responsible for the care, custody, or control of a child and	3809
involved in providing direct care to an older adult shall pay one	3810
fee for the request. In the case of a request under section	3811
1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, or 5111.032	3812
of the Revised Code, the fee shall be paid in the manner specified	3813
in that section.	3814

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

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

(E) As used in this section:

3841

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

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

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

3848

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

Sec. 111.12. ~~(A) Except as otherwise provided in division~~	3854
~~(B) of this section, the~~The secretary of state shall compile and	3855
publish biennially in a paper, book, or ~~other nonelectronic~~	3856
electronic format ~~twenty-five hundred copies of~~ the election	3857
statistics of Ohio, ~~four thousand copies of~~ the official roster of	3858
federal, state, and county officers, and ~~twenty-five hundred~~	3859
~~copies of~~ the official roster of township and municipal officers.	3860

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3954

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

4020

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

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

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

4031

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

4203

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(D) ~~All~~The auditor of state shall be reimbursed for any	4466
expenses incurred ~~by the auditor of state~~ relating to a	4467
determination or termination of a fiscal emergency under this	4468
section or a fiscal watch under section 118.021 of the Revised	4469
Code ~~shall be reimbursed from an appropriation for that purpose~~,	4470
including technical and support services. If necessary, the	4471
controlling board shall provide sufficient funds for these	4472
purposes.	4473

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

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

(1) Four ex officio members: the treasurer of state; the	4492
director of budget and management; in the case of a municipal	4493
corporation, the ~~mayor of the municipal corporation and the~~	4494
presiding officer of the legislative authority of the municipal	4495
corporation; in the case of a county, the president of the board	4496
of county commissioners ~~and the county auditor~~; ~~and~~ in the case of	4497
a township, a member of the board of township trustees; and the	4498
county auditor or county fiscal officer.	4499

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

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

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

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

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

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

4578

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

~~(b) Whose~~One member appointed by the governor, whose	4581
residency, office, or principal place of professional or business	4582
activity is situated within the municipal corporation, county, or	4583
township;	4584

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

4689

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

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

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

4700

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(5) The auditor of state;

5024

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

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

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

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

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

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

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

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

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

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

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

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

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

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

5103

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

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

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

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

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

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

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

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

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

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

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

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

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

(A) The director of budget and management;

5186

(B) The director of commerce;

5187

5188

(D) The director of agriculture;

5189

(E) The director of job and family services;

5190

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

5191

(G) The director of public safety;

5192

(H) The superintendent of insurance;

5193

(I) The director of development;

5194

(J) The tax commissioner;

5195

(K) The director of administrative services;

5196

(L) The director of natural resources;

5197

(M) The director of mental health;

5198

(N) The director of developmental disabilities;

5199

(O) The director of health;

5200

(P) The director of youth services;

5201

(Q) The director of rehabilitation and correction;

5202

(R) The director of environmental protection;

5203

(S) The director of aging;

5204

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

5205

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

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

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

5211

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

In the department of commerce:

5214

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

In the department of administrative services:

5222

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

In the department of agriculture:

5225

Chiefs of divisions as follows:

5226

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

In the department of natural resources:

5238

Chiefs of divisions as follows:

5239

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

In the department of insurance:

5252

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

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

(B) As used in this section:

5261

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

5262

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

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

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

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

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

5283

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

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

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

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

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

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

5302

(1) A grand jury;

5303

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

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

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

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

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

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

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

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

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

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

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

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

(1) Marketing plans;

5349

(2) Specific business strategy;

5350

(3) Production techniques and trade secrets;

5351

(4) Financial projections;

5352

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

5581

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Each mechanism shall include all of the following:

5888

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(b) An emphasis on the personal responsibilities of the child	5989
and the parental responsibilities of the parents, guardian, or	5990
custodian of the child;	5991

(c) Involvement of local law enforcement agencies and	5992
officials.	5993

(2) The method to divert a child from the juvenile court	5994
system that must be included in the service coordination process	5995
may include, but is not limited to, the following:	5996

(a) The preparation of a complaint under section 2151.27 of	5997
the Revised Code alleging that the child is an unruly child and	5998
notifying the child and the parents, guardian, or custodian that	5999
the complaint has been prepared to encourage the child and the	6000
parents, guardian, or custodian to comply with other methods to	6001
divert the child from the juvenile court system;	6002

(b) Conducting a meeting with the child, the parents,	6003
guardian, or custodian, and other interested parties to determine	6004
the appropriate methods to divert the child from the juvenile	6005
court system;	6006

(c) A method to provide to the child and the child's family a	6007
short-term respite from a short-term crisis situation involving a	6008
confrontation between the child and the parents, guardian, or	6009
custodian;	6010

(d) A program to provide a mentor to the child or the	6011
parents, guardian, or custodian;	6012

(e) A program to provide parenting education to the parents,	6013
guardian, or custodian;	6014

(f) An alternative school program for children who are truant	6015
from school, repeatedly disruptive in school, or suspended or	6016
expelled from school;	6017

(g) Other appropriate measures, including, but not limited	6018
to, any alternative methods to divert a child from the juvenile	6019
court system that are identified by the Ohio family and children	6020
first cabinet council.	6021

(F) Each county may review and revise the service	6022
coordination process described in division (D) of this section	6023
based on the availability of funds under Title IV-A of the "Social	6024
Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended,	6025
or to the extent resources are available from any other federal,	6026
state, or local funds.	6027

Sec. 121.40. (A) There is hereby created the Ohio ~~community~~	6028
commission on service ~~council~~and volunteerism consisting of	6029
twenty-one voting members including the superintendent of public	6030
instruction or the superintendent's designee, the chancellor of	6031
the Ohio board of regents or the chancellor's designee, the	6032
director of youth services or the director's designee, the	6033
director of aging or the director's designee, the chairperson of	6034
the committee of the house of representatives dealing with	6035
education or the chairperson's designee, the chairperson of the	6036
committee of the senate dealing with education or the	6037
chairperson's designee, and fifteen members who shall be appointed	6038
by the governor with the advice and consent of the senate and who	6039
shall serve terms of office of three years. The appointees shall	6040
include educators, including teachers and administrators;	6041
representatives of youth organizations; students and parents;	6042
representatives of organizations engaged in volunteer program	6043
development and management throughout the state, including youth	6044
and conservation programs; and representatives of business,	6045
government, nonprofit organizations, social service agencies,	6046
veterans organizations, religious organizations, or philanthropies	6047
that support or encourage volunteerism within the state. The	6048
director of the governor's office of faith-based and community	6049
initiatives shall serve as a nonvoting ex officio member of the	6050
~~council~~commission. Members of the ~~council~~commission shall	6051
receive no compensation, but shall be reimbursed for actual and	6052
necessary expenses incurred in the performance of their official	6053
duties.	6054

(B) The ~~council~~commission shall appoint an executive	6055
director for the ~~council~~commission, who shall be in the	6056
unclassified civil service. The governor shall be informed of the	6057
appointment of an executive director before such an appointment is	6058
made. The executive director shall supervise the ~~council's~~	6059
commission's activities and report to the ~~council~~commission on	6060
the progress of those activities. The executive director shall do	6061
all things necessary for the efficient and effective	6062
implementation of the duties of the ~~council~~commission.	6063

The responsibilities assigned to the executive director do	6064
not relieve the members of the ~~council~~commission from final	6065
responsibility for the proper performance of the requirements of	6066
this section.	6067

(C) The ~~council~~commission or its designee shall do all of	6068
the following:	6069

(1) Employ, promote, supervise, and remove all employees as	6070
needed in connection with the performance of its duties under this	6071
section and may assign duties to those employees as necessary to	6072
achieve the most efficient performance of its functions, and to	6073
that end may establish, change, or abolish positions, and assign	6074
and reassign duties and responsibilities of any employee of the	6075
~~council~~commission. Personnel employed by the ~~council~~commission	6076
who are subject to Chapter 4117. of the Revised Code shall retain	6077
all of their rights and benefits conferred pursuant to that	6078
chapter. Nothing in this chapter shall be construed as eliminating	6079
or interfering with Chapter 4117. of the Revised Code or the	6080
rights and benefits conferred under that chapter to public	6081
employees or to any bargaining unit.	6082

(2) Maintain its office in Columbus, and may hold sessions at	6083
any place within the state;	6084

(3) Acquire facilities, equipment, and supplies necessary to	6085
house the ~~council~~commission, its employees, and files and records	6086
under its control, and to discharge any duty imposed upon it by	6087
law. The expense of these acquisitions shall be audited and paid	6088
for in the same manner as other state expenses. For that purpose,	6089
the ~~council~~commission shall prepare and submit to the office of	6090
budget and management a budget for each biennium according to	6091
sections 101.532 and 107.03 of the Revised Code. The budget	6092
submitted shall cover the costs of the ~~council~~commission and its	6093
staff in the discharge of any duty imposed upon the ~~council~~	6094
commission by law. The ~~council~~commission shall not delegate any	6095
authority to obligate funds.	6096

(4) Pay its own payroll and other operating expenses from	6097
line items designated by the general assembly;	6098

(5) Retain its fiduciary responsibility as appointing	6099
authority. Any transaction instructions shall be certified by the	6100
appointing authority or its designee.	6101

(6) Establish the overall policy and management of the	6102
~~council~~commission in accordance with this chapter;	6103

(7) Assist in coordinating and preparing the state	6104
application for funds under sections 101 to 184 of the "National	6105
and Community Service Act of 1990," 104 Stat. 3127 (1990), 42	6106
U.S.C.A. 12411 to 12544, as amended, assist in administering and	6107
overseeing the "National and Community Service Trust Act of 1993,"	6108
P.L. 103-82, 107 Stat. 785, and the americorps program in this	6109
state, and assist in developing objectives for a comprehensive	6110
strategy to encourage and expand community service programs	6111
throughout the state;	6112

(8) Assist the state board of education, school districts,	6113
the chancellor of the board of regents, and institutions of higher	6114
education in coordinating community service education programs	6115
through cooperative efforts between institutions and organizations	6116
in the public and private sectors;	6117

(9) Assist the departments of natural resources, youth	6118
services, aging, and job and family services in coordinating	6119
community service programs through cooperative efforts between	6120
institutions and organizations in the public and private sectors;	6121

(10) Suggest individuals and organizations that are available	6122
to assist school districts, institutions of higher education, and	6123
the departments of natural resources, youth services, aging, and	6124
job and family services in the establishment of community service	6125
programs and assist in investigating sources of funding for	6126
implementing these programs;	6127

(11) Assist in evaluating the state's efforts in providing	6128
community service programs using standards and methods that are	6129
consistent with any statewide objectives for these programs and	6130
provide information to the state board of education, school	6131
districts, the chancellor of the board of regents, institutions of	6132
higher education, and the departments of natural resources, youth	6133
services, aging, and job and family services to guide them in	6134
making decisions about these programs;	6135

(12) Assist the state board of education in complying with	6136
section 3301.70 of the Revised Code and the chancellor of the	6137
board of regents in complying with division (B)(2) of section	6138
3333.043 of the Revised Code;	6139

(13) Advise, assist, consult with, and cooperate with, by	6140
contract or otherwise, agencies and political subdivisions of this	6141
state in establishing a statewide system for volunteers pursuant	6142
to section 121.404 of the Revised Code.	6143

(D) The ~~council~~commission shall in writing enter into an	6144
agreement with another state agency to serve as the ~~council's~~	6145
commission's fiscal agent. Before entering into such an agreement,	6146
the ~~council~~commission shall inform the governor of the terms of	6147
the agreement and of the state agency designated to serve as the	6148
~~council's~~commission's fiscal agent. The fiscal agent shall be	6149
responsible for all the ~~council's~~commission's fiscal matters and	6150
financial transactions, as specified in the agreement. Services to	6151
be provided by the fiscal agent include, but are not limited to,	6152
the following:	6153

(1) Preparing and processing payroll and other personnel	6154
documents that the ~~council~~commission executes as the appointing	6155
authority;	6156

(2) Maintaining ledgers of accounts and reports of account	6157
balances, and monitoring budgets and allotment plans in	6158
consultation with the ~~council~~commission; and	6159

(3) Performing other routine support services that the fiscal	6160
agent considers appropriate to achieve efficiency.	6161

(E)(1) The ~~council~~commission, in conjunction and	6162
consultation with the fiscal agent, has the following authority	6163
and responsibility relative to fiscal matters:	6164

(a) Sole authority to draw funds for any and all federal	6165
programs in which the ~~council~~commission is authorized to	6166
participate;	6167

(b) Sole authority to expend funds from their accounts for	6168
programs and any other necessary expenses the ~~council~~commission	6169
may incur and its subgrantees may incur; and	6170

(c) Responsibility to cooperate with and inform the fiscal	6171
agent fully of all financial transactions.	6172

(2) The ~~council~~commission shall follow all state	6173
procurement, fiscal, human resources, statutory, and	6174
administrative rule requirements.	6175

(3) The fiscal agent shall determine fees to be charged to	6176
the ~~council~~commission, which shall be in proportion to the	6177
services performed for the ~~council~~commission.	6178

(4) The ~~council~~commission shall pay fees owed to the fiscal	6179
agent from a general revenue fund of the ~~council~~commission or	6180
from any other fund from which the operating expenses of the	6181
~~council~~commission are paid. Any amounts set aside for a fiscal	6182
year for the payment of these fees shall be used only for the	6183
services performed for the ~~council~~commission by the fiscal agent	6184
in that fiscal year.	6185

(F) The ~~council~~commission may accept and administer grants	6186
from any source, public or private, to carry out any of the	6187
~~council's~~commission's functions this section establishes.	6188

Sec. 121.401. (A) As used in this section and section	6189
121.402 of the Revised Code, "organization or entity" and	6190
"unsupervised access to a child" have the same meanings as in	6191
section 109.574 of the Revised Code.	6192

(B) The Ohio ~~community~~commission on service ~~council~~and	6193
volunteerism shall adopt a set of "recommended best practices" for	6194
organizations or entities to follow when one or more volunteers of	6195
the organization or entity have unsupervised access to one or more	6196
children or otherwise interact with one or more children. The	6197
"recommended best practices" shall focus on, but shall not be	6198
limited to, the issue of the safety of the children and, in	6199
addition, the screening and supervision of volunteers. The	6200
"recommended best practices" shall include as a recommended best	6201
practice that the organization or entity subject to a criminal	6202
records check performed by the bureau of criminal identification	6203
and investigation pursuant to section 109.57, section 109.572, or	6204
rules adopted under division (E) of section 109.57 of the Revised	6205
Code, all of the following:	6206

(1) All persons who apply to serve as a volunteer in a	6207
position in which the person will have unsupervised access to a	6208
child on a regular basis.	6209

(2) All volunteers who are in a position in which the person	6210
will have unsupervised access to a child on a regular basis and	6211
who the organization or entity has not previously subjected to a	6212
criminal records check performed by the bureau of criminal	6213
identification and investigation.	6214

(C) The set of "recommended best practices" required to be	6215
adopted by this section are in addition to the educational program	6216
required to be adopted under section 121.402 of the Revised Code.	6217

Sec. 121.402. (A) The Ohio ~~community~~commission on service	6218
~~council~~and volunteerism shall establish and maintain an	6219
educational program that does all of the following:	6220

(1) Makes available to parents and guardians of children	6221
notice about the provisions of sections 109.574 to 109.577,	6222
section 121.401, and section 121.402 of the Revised Code and	6223
information about how to keep children safe when they are under	6224
the care, custody, or control of a person other than the parent or	6225
guardian;	6226

(2) Makes available to organizations and entities information	6227
regarding the best methods of screening and supervising	6228
volunteers, how to obtain a criminal records check of a volunteer,	6229
confidentiality issues relating to reports of criminal records	6230
checks, and record keeping regarding the reports;	6231

(3) Makes available to volunteers information regarding the	6232
possibility of being subjected to a criminal records check and	6233
displaying appropriate behavior to minors;	6234

(4) Makes available to children advice on personal safety and	6235
information on what action to take if someone takes inappropriate	6236
action towards a child.	6237

(B) The program shall begin making the materials described in	6238
this section available not later than March 22, 2002.	6239

Sec. 121.403. (A) The Ohio ~~community~~commission on service	6240
~~council~~and volunteerism may do any of the following:	6241

(1) Accept monetary gifts or donations;

6242

(2) Sponsor conferences, meetings, or events in furtherance	6243
of the ~~council's~~commission's purpose described in section 121.40	6244
of the Revised Code and charge fees for participation or	6245
involvement in the conferences, meetings, or events;	6246

(3) Sell promotional items in furtherance of the ~~council's~~	6247
commission's purpose described in section 121.40 of the Revised	6248
Code.	6249

(B) All monetary gifts and donations, funds from the sale of	6250
promotional items, contributions received from the issuance of	6251
Ohio "volunteer" license plates pursuant to section 4503.93 of the	6252
Revised Code, and any fees paid to the ~~council~~commission for	6253
conferences, meetings, or events sponsored by the ~~council~~	6254
commission shall be deposited into the Ohio ~~community~~commission	6255
on service ~~council~~and volunteerism gifts and donations fund,	6256
which is hereby created in the state treasury. Moneys in the fund	6257
may be used only as follows:	6258

(1) To pay operating expenses of the ~~council~~commission,	6259
including payroll, personal services, maintenance, equipment, and	6260
subsidy payments;	6261

(2) To support ~~council~~commission programs promoting	6262
volunteerism and community service in the state;	6263

(3) As matching funds for federal grants.

6264

Sec. 121.404. (A) The Ohio ~~community~~commission on service	6265
~~council~~and volunteerism shall advise, assist, consult with, and	6266
cooperate with agencies and political subdivisions of this state	6267
to establish a statewide system for recruiting, registering,	6268
training, and deploying the types of volunteers the ~~council~~	6269
commission considers advisable and reasonably necessary to respond	6270
to an emergency declared by the state or political subdivision.	6271

(B) A registered volunteer is not liable in damages to any	6272
person or government entity in tort or other civil action,	6273
including an action upon a medical, dental, chiropractic,	6274
optometric, or other health-related claim or veterinary claim, for	6275
injury, death, or loss to person or property that may arise from	6276
an act or omission of that volunteer. This division applies to a	6277
registered volunteer while providing services within the scope of	6278
the volunteer's responsibilities during an emergency declared by	6279
the state or political subdivision or in disaster-related	6280
exercises, testing, or other training activities, if the	6281
volunteer's act or omission does not constitute willful or wanton	6282
misconduct.	6283

(C) The Ohio ~~community~~commission on service ~~council~~and	6284
volunteerism shall adopt rules pursuant to Chapter 119. of the	6285
Revised Code to establish fees, procedures, standards, and	6286
requirements the ~~council~~commission considers necessary to carry	6287
out the purposes of this section.	6288

(D)(1) A registered volunteer's status as a volunteer, and	6289
any information presented in summary, statistical, or aggregate	6290
form that does not identify an individual, is a public record	6291
pursuant to section 149.43 of the Revised Code.	6292

(2) Information related to a registered volunteer's specific	6293
and unique responsibilities, assignments, or deployment plans,	6294
including but not limited to training, preparedness, readiness, or	6295
organizational assignment, is a security record for purposes of	6296
section 149.433 of the Revised Code.	6297

(3) Information related to a registered volunteer's personal	6298
information, including but not limited to contact information,	6299
medical information, or information related to family members or	6300
dependents, is not a public record pursuant to section 149.43 of	6301
the Revised Code.	6302

(E) As used in this section and section 121.40 of the Revised	6303
Code:	6304

(1) "Registered volunteer" means any individual registered as	6305
a volunteer pursuant to procedures established under this section	6306
and who serves without pay or other consideration, other than the	6307
reasonable reimbursement or allowance for expenses actually	6308
incurred or the provision of incidental benefits related to the	6309
volunteer's service, such as meals, lodging, and childcare.	6310

(2) "Political subdivision" means a county, township, or	6311
municipal corporation in this state.	6312

Sec. 122.085. As used in sections 122.085 to 122.0820 of the	6313
Revised Code:	6314

(A)(1) "Allowable costs" includes costs related to the	6315
following:	6316

(a) Acquisition of land and buildings;

6317

(b) Building construction;

6318

(c) Making improvements to land and buildings, including the	6319
following:	6320

(i) Expanding, reconstructing, rehabilitating, remodeling,	6321
renovating, enlarging, modernizing, equipping, and furnishing	6322
buildings and structures, including leasehold improvements;	6323

(ii) Site preparation, including wetland mitigation.

6324

(d) Planning or determining feasibility or practicability;

6325

(e) Indemnity or surety bonds and premiums on insurance;

6326

(f) Remediation, in compliance with state and federal	6327
environmental protection laws, of environmentally contaminated	6328
property on which hazardous substances exist under conditions that	6329
have caused or would likely cause the property to be identified as	6330
contaminated by the Ohio environmental protection agency or the	6331
United States environmental protection agency;	6332

(g) Infrastructure improvements, including the following:

6333

(i) Demolition of buildings and other structures;

6334

(ii) Installation or relocation of water, storm water and	6335
sanitary sewer lines, water and waste water treatment facilities,	6336
pump stations, and water storage mechanisms and other similar	6337
equipment or facilities;	6338

(iii) Construction of roads, bridges, traffic control	6339
devices, and parking lots and facilities;	6340

(iv) Construction of utility infrastructure such as natural	6341
gas, electric, and telecommunications, including broadband and	6342
hookups;	6343

(v) Water and railway access improvements;

6344

(vi) Costs of professional services.

6345

(2) "Allowable costs" do not include administrative costs	6346
assessed by or fees paid to the recipient of a grant.	6347

(B) "~~District public works~~Local government integrating and	6348
innovation committees" means those committees established under	6349
section 164.04 of the Revised Code.	6350

(C) "Eligible applicant" includes any political subdivision	6351
or ~~non-profit~~nonprofit economic development organization, and,	6352
with prior approval of the director of development, private,	6353
for-profit entities. "Eligible applicant" does not include public	6354
or private institutions of higher education.	6355

(D) "Eligible project" includes projects that, upon	6356
completion, will be sites and facilities primarily intended for	6357
commercial, industrial, or manufacturing use. "Eligible projects"	6358
do not include sites and facilities intended primarily for	6359
residential, retail, or government use.	6360

(E) "Professional services" includes legal, environmental,	6361
archeological, engineering, architectural, surveying, design, or	6362
other similar services performed in conjunction with an eligible	6363
project. "Professional services" also includes designs, plans,	6364
specifications, surveys, estimates of costs, and other work	6365
products.	6366

Sec. 122.088. In order to be considered for a grant under	6367
the annual competitive process, an eligible applicant shall fill	6368
out an application provided by the department of development and	6369
shall file it with the ~~district public works~~local government	6370
integrating and innovation committee with jurisdiction over the	6371
area in which the eligible project is located.	6372

Sec. 122.0810. (A) Each application for a grant pursuant to	6373
the annual competitive process received by a ~~district public works~~	6374
local government integrating and innovation committee shall be	6375
evaluated by the executive committee of the district committee. In	6376
conducting the evaluation, the executive committee shall determine	6377
whether the application for the proposed eligible project is	6378
complete and whether the project meets the requirements of section	6379
122.0815 of the Revised Code. If the application is complete and	6380
the eligible project meets the requirements of section 122.0815 of	6381
the Revised Code, the executive committee shall prioritize the	6382
eligible project pursuant to section 122.0816 of the Revised Code	6383
and pursuant to local priorities, as those priorities are	6384
determined by the executive committee, with all other eligible	6385
projects with complete applications that meet the requirements of	6386
section 122.0815 of the Revised Code. If the application is	6387
incomplete or the project does not meet the requirements of	6388
section 122.0815 of the Revised Code, the executive committee	6389
shall notify the applicant of the deficiencies and the period of	6390
time the applicant has to correct the deficiencies and submit the	6391
corrections to the executive committee. Failure to correct	6392
deficiencies within the time designated by the executive committee	6393
shall disqualify the project from consideration for a grant during	6394
the annual competitive process for that year.	6395

The executive committee, by the affirmative vote of a	6396
majority of all its members, shall select up to three eligible	6397
projects from the projects it has prioritized each year pursuant	6398
to the annual competitive process. The executive committee shall	6399
forward the applications and any accompanying information for each	6400
of the selected eligible projects to the department of development	6401
in the time and manner required by the rules governing the annual	6402
competitive process for the job ready site program.	6403

(B) For a ~~district public works~~local government integrating	6404
and innovation committee that does not have an executive	6405
committee, the full committee shall perform the functions assigned	6406
to the executive committee under section 122.0816 of the Revised	6407
Code and division (A) of this section.	6408

(C) An executive committee, or a district committee that does	6409
not have an executive committee, may appoint a working group of	6410
committee members and staff to perform the functions of those	6411
committees as provided in this section.	6412

Sec. 122.0816. The department of development and the	6413
executive committees of ~~district public works~~local government	6414
integrating and innovation committees shall apply the following	6415
factors to eligible projects under the annual competitive process	6416
to determine a priority order for the eligible projects subject to	6417
that process:	6418

(A) The potential economic impact of the eligible project;

6419

(B) The potential impact of the eligible project on economic	6420
distress;	6421

(C) The amount of local, federal, and private funding	6422
available for the eligible project;	6423

(D) The demonstrated need for the eligible project;

6424

(E) The strength of the eligible project's marketing plan, if	6425
appropriate;	6426

(F) The level of financial need;

6427

(G) Any other factor the director of development determines	6428
should be considered.	6429

Sec. 122.0819. The rules adopted to govern the annual	6430
competitive process for the job ready site program may provide for	6431
recovery of the costs, or a portion thereof, incurred by ~~district~~	6432
~~public works~~local government integrating and innovation	6433
committees and executive committees in conducting their duties	6434
under the program.	6435

Sec. 122.121. (A) If an endorsing municipality or endorsing	6436
county enters into a joinder undertaking with a site selection	6437
organization, the endorsing municipality or endorsing county may	6438
apply to the director of development, on a form and in the manner	6439
prescribed by the director, for a grant based on the projected	6440
incremental increase in the receipts from the tax imposed under	6441
section 5739.02 of the Revised Code within the market area	6442
designated under division (C) of this section, for the two-week	6443
period that ends at the end of the day after the date on which a	6444
game will be held, that is directly attributable, as determined by	6445
the director, to the preparation for and presentation of the game.	6446
The director shall determine the projected incremental increase in	6447
the tax imposed under section 5739.02 of the Revised Code from	6448
information certified to the director by the endorsing	6449
municipality or the endorsing county including, but not limited	6450
to, historical attendance and ticket sales for the game, income	6451
statements showing revenue and expenditures for the game in prior	6452
years, attendance capacity at the proposed venues, event budget at	6453
the proposed venues, and projected lodging room nights based on	6454
historical attendance, attendance capacity at the proposed venues,	6455
and duration of the game and related activities. The endorsing	6456
municipality or endorsing county is eligible to receive a grant	6457
under this section only if the projected incremental increase in	6458
receipts from the tax imposed under section 5739.02 of the Revised	6459
Code, as determined by the director, exceeds two hundred fifty	6460
thousand dollars. The amount of the grant shall be determined by	6461
the director but shall not exceed five hundred thousand dollars.	6462
The director shall not issue grants with a total value of more	6463
than one million dollars in any fiscal year, and shall not issue	6464
any grant before July 1, ~~2011~~2013.	6465

(B) If the director of development approves an application	6466
for an endorsing municipality or endorsing county and that	6467
endorsing municipality or endorsing county enters into a joinder	6468
agreement with a site selection organization, the endorsing	6469
municipality or endorsing county shall file a copy of the joinder	6470
agreement with the director of development, who immediately shall	6471
notify the director of budget and management of the filing. Within	6472
thirty days after receiving the notice, the director of budget and	6473
management shall establish a schedule to disburse from the general	6474
revenue fund to such endorsing municipality or endorsing county	6475
payments that total the amount certified by the director of	6476
development under division (A) of this section, but in no event	6477
shall the total amount disbursed exceed five hundred thousand	6478
dollars, and no disbursement shall be made before July 1, ~~2011~~	6479
2013. The payments shall be used exclusively by the endorsing	6480
municipality or endorsing county to fulfill a portion of its	6481
obligations to a site selection organization under game support	6482
contracts, which obligations may include the payment of costs	6483
relating to the preparations necessary for the conduct of the	6484
game, including acquiring, renovating, or constructing facilities;	6485
to pay the costs of conducting the game; and to assist the local	6486
organizing committee, endorsing municipality, or endorsing county	6487
in providing assurances required by a site selection organization	6488
sponsoring one or more games.	6489

(C) For the purposes of division (A) of this section, the	6490
director of development, in consultation with the tax	6491
commissioner, shall designate as a market area for a game each	6492
area in which they determine there is a reasonable likelihood of	6493
measurable economic impact directly attributable to the	6494
preparation for and presentation of the game and related events,	6495
including areas likely to provide venues, accommodations, and	6496
services in connection with the game based on the information and	6497
the copy of the joinder undertaking provided to the director under	6498
divisions (A) and (B) of this section. The director and	6499
commissioner shall determine the geographic boundaries of each	6500
market area. An endorsing municipality or endorsing county that	6501
has been selected as the site for a game must be included in a	6502
market area for the game.	6503

(D) A local organizing committee, endorsing municipality, or	6504
endorsing county shall provide information required by the	6505
director of development and tax commissioner to enable the	6506
director and commissioner to fulfill their duties under this	6507
section, including annual audited statements of any financial	6508
records required by a site selection organization and data	6509
obtained by the local organizing committee, endorsing	6510
municipality, or endorsing county relating to attendance at a game	6511
and to the economic impact of the game. A local organizing	6512
committee, an endorsing municipality, or an endorsing county shall	6513
provide an annual audited financial statement if so required by	6514
the director and commissioner, not later than the end of the	6515
fourth month after the date the period covered by the financial	6516
statement ends.	6517

(E) Within sixty days after the game, the endorsing	6518
municipality or the endorsing county shall report to the director	6519
of development about the economic impact of the game. The report	6520
shall be in the form and substance required by the director,	6521
including, but not limited to, a final income statement for the	6522
event showing total revenue and expenditures and revenue and	6523
expenditures in the market area for the game, and ticket sales for	6524
the game and any related activities for which admission was	6525
charged. The director of development shall determine, based on the	6526
reported information and the exercise of reasonable judgment, the	6527
incremental increase in receipts from the tax imposed under	6528
section 5739.02 of the Revised Code directly attributable to the	6529
game. If the actual incremental increase in such receipts is less	6530
than the projected incremental increase in receipts, the director	6531
may require the endorsing municipality or the endorsing county to	6532
refund to the state all or a portion of the grant.	6533

(F) No disbursement may be made under this section if the	6534
director of development determines that it would be used for the	6535
purpose of soliciting the relocation of a professional sports	6536
franchise located in this state.	6537

(G) This section may not be construed as creating or	6538
requiring a state guarantee of obligations imposed on an endorsing	6539
municipality or endorsing county under a game support contract or	6540
any other agreement relating to hosting one or more games in this	6541
state.	6542

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

6543

(1) "Capital investment project" means a plan of investment	6544
at a project site for the acquisition, construction, renovation,	6545
or repair of buildings, machinery, or equipment, or for	6546
capitalized costs of basic research and new product development	6547
determined in accordance with generally accepted accounting	6548
principles, but does not include any of the following:	6549

(a) Payments made for the acquisition of personal property	6550
through operating leases;	6551

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

6552

(c) Payments made to a related member as defined in section	6553
5733.042 of the Revised Code or to a consolidated elected taxpayer	6554
or a combined taxpayer as defined in section 5751.01 of the	6555
Revised Code.	6556

(2) "Eligible business" means a taxpayer and its related	6557
members with Ohio operations satisfying all of the following:	6558

(a) The taxpayer employs at least five hundred full-time	6559
equivalent employees or has an annual payroll of at least	6560
thirty-five million dollars at the time the tax credit authority	6561
grants the tax credit under this section;	6562

(b) The taxpayer makes or causes to be made payments for the	6563
capital investment project of ~~either~~one of the following:	6564

(i) If the taxpayer is engaged at the project site primarily	6565
as a manufacturer, at least fifty million dollars in the aggregate	6566
at the project site during a period of three consecutive calendar	6567
years, including the calendar year that includes a day of the	6568
taxpayer's taxable year or tax period with respect to which the	6569
credit is granted;	6570

(ii) If the taxpayer is engaged at the project site primarily	6571
in significant corporate administrative functions, as defined by	6572
the director of development by rule, at least twenty million	6573
dollars in the aggregate at the project site during a period of	6574
three consecutive calendar years including the calendar year that	6575
includes a day of the taxpayer's taxable year or tax period with	6576
respect to which the credit is granted;	6577

(iii) If the taxpayer is applying to enter into an agreement	6578
for a tax credit authorized under division (B)(3) of this section,	6579
at least five million dollars in the aggregate at the project site	6580
during a period of three consecutive calendar years, including the	6581
calendar year that includes a day of the taxpayer's taxable year	6582
or tax period with respect to which the credit is granted.	6583

(c) The taxpayer had a capital investment project reviewed	6584
and approved by the tax credit authority as provided in divisions	6585
(C), (D), and (E) of this section.	6586

(3) "Full-time equivalent employees" means the quotient	6587
obtained by dividing the total number of hours for which employees	6588
were compensated for employment in the project by two thousand	6589
eighty. "Full-time equivalent employees" shall exclude hours that	6590
are counted for a credit under section 122.17 of the Revised Code.	6591

(4) "Income tax revenue" means the total amount withheld	6592
under section 5747.06 of the Revised Code by the taxpayer during	6593
the taxable year, or during the calendar year that includes the	6594
tax period, from the compensation of all employees employed in the	6595
project whose hours of compensation are included in calculating	6596
the number of full-time equivalent employees.	6597

(5) "Manufacturer" has the same meaning as in section	6598
5739.011 of the Revised Code.	6599

(6) "Project site" means an integrated complex of facilities	6600
in this state, as specified by the tax credit authority under this	6601
section, within a fifteen-mile radius where a taxpayer is	6602
primarily operating as an eligible business.	6603

(7) "Related member" has the same meaning as in section	6604
5733.042 of the Revised Code as that section existed on the	6605
effective date of its amendment by Am. Sub. H.B. 215 of the 122nd	6606
general assembly, September 29, 1997.	6607

(8) "Taxable year" includes, in the case of a domestic or	6608
foreign insurance company, the calendar year ending on the	6609
thirty-first day of December preceding the day the superintendent	6610
of insurance is required to certify to the treasurer of state	6611
under section 5725.20 or 5729.05 of the Revised Code the amount of	6612
taxes due from insurance companies.	6613

(B) The tax credit authority created under section 122.17 of	6614
the Revised Code may grant tax credits under this section for the	6615
purpose of fostering job retention in this state. Upon application	6616
by an eligible business and upon consideration of the	6617
recommendation of the director of budget and management, tax	6618
commissioner, the superintendent of insurance in the case of an	6619
insurance company, and director of development under division (C)	6620
of this section, the tax credit authority may grant the following	6621
credits against the tax imposed by section 5725.18, 5729.03,	6622
5733.06, 5747.02, or 5751.02 of the Revised Code:	6623

(1) A nonrefundable credit to an eligible business;

6624

(2) A refundable credit to an eligible business meeting the	6625
following conditions, provided that the director of budget and	6626
management, tax commissioner, superintendent of insurance in the	6627
case of an insurance company, and director of development have	6628
recommended the granting of the credit to the tax credit authority	6629
before July 1, 2011:	6630

(a) The business retains at least one thousand full-time	6631
equivalent employees at the project site.	6632

(b) The business makes or causes to be made payments for a	6633
capital investment project of at least twenty-five million dollars	6634
in the aggregate at the project site during a period of three	6635
consecutive calendar years, including the calendar year that	6636
includes a day of the business' taxable year or tax period with	6637
respect to which the credit is granted.	6638

(c) In 2010, the business received a written offer of	6639
financial incentives from another state of the United States that	6640
the director determines to be sufficient inducement for the	6641
business to relocate the business' operations from this state to	6642
that state.	6643

(3) A refundable credit to an eligible business with a total	6644
annual payroll of at least twenty million dollars, provided that	6645
the tax credit authority grants the tax credit on or after July 1,	6646
2011, and before January 1, 2014.	6647

The credits authorized in divisions (B)(1) ~~and~~, (2), and (3)	6648
of this section may be granted for a period up to fifteen taxable	6649
years or, in the case of the tax levied by section 5751.02 of the	6650
Revised Code, for a period of up to fifteen calendar years. The	6651
credit amount for a taxable year or a calendar year that includes	6652
the tax period for which a credit may be claimed equals the income	6653
tax revenue for that year multiplied by the percentage specified	6654
in the agreement with the tax credit authority. The percentage may	6655
not exceed seventy-five per cent. The credit shall be claimed in	6656
the order required under section 5725.98, 5729.98, 5733.98,	6657
5747.98, or 5751.98 of the Revised Code. In determining the	6658
percentage and term of the credit, the tax credit authority shall	6659
consider both the number of full-time equivalent employees and the	6660
value of the capital investment project. The credit amount may not	6661
be based on the income tax revenue for a calendar year before the	6662
calendar year in which the tax credit authority specifies the tax	6663
credit is to begin, and the credit shall be claimed only for the	6664
taxable years or tax periods specified in the eligible business'	6665
agreement with the tax credit authority. In no event shall the	6666
credit be claimed for a taxable year or tax period terminating	6667
before the date specified in the agreement. Any credit granted	6668
under this section against the tax imposed by section 5733.06 or	6669
5747.02 of the Revised Code, to the extent not fully utilized	6670
against such tax for taxable years ending prior to 2008, shall	6671
automatically be converted without any action taken by the tax	6672
credit authority to a credit against the tax levied under Chapter	6673
5751. of the Revised Code for tax periods beginning on or after	6674
July 1, 2008, provided that the person to whom the credit was	6675
granted is subject to such tax. The converted credit shall apply	6676
to those calendar years in which the remaining taxable years	6677
specified in the agreement end.	6678

If a nonrefundable credit allowed under division (B)(1) of	6679
this section for a taxable year or tax period exceeds the	6680
taxpayer's tax liability for that year or period, the excess may	6681
be carried forward for the three succeeding taxable or calendar	6682
years, but the amount of any excess credit allowed in any taxable	6683
year or tax period shall be deducted from the balance carried	6684
forward to the succeeding year or period.	6685

(C) A taxpayer that proposes a capital investment project to	6686
retain jobs in this state may apply to the tax credit authority to	6687
enter into an agreement for a tax credit under this section. The	6688
director of development shall prescribe the form of the	6689
application. After receipt of an application, the authority shall	6690
forward copies of the application to the director of budget and	6691
management, the tax commissioner, the superintendent of insurance	6692
in the case of an insurance company, and the director of	6693
development, each of whom shall review the application to	6694
determine the economic impact the proposed project would have on	6695
the state and the affected political subdivisions and shall submit	6696
a summary of their determinations and recommendations to the	6697
authority.	6698

(D) Upon review and consideration of the determinations and	6699
recommendations described in division (C) of this section, the tax	6700
credit authority may enter into an agreement with the taxpayer for	6701
a credit under this section if the authority determines all of the	6702
following:	6703

(1) The taxpayer's capital investment project will result in	6704
the retention of employment in this state.	6705

(2) The taxpayer is economically sound and has the ability to	6706
complete the proposed capital investment project.	6707

(3) The taxpayer intends to and has the ability to maintain	6708
operations at the project site for at least the greater of (a) the	6709
term of the credit plus three years, or (b) seven years.	6710

(4) Receiving the credit is a major factor in the taxpayer's	6711
decision to begin, continue with, or complete the project.	6712

(5) If the taxpayer is applying to enter into an agreement	6713
for a tax credit authorized under division (B)(3) of this section,	6714
the taxpayer's capital investment project will be located in the	6715
political subdivision in which the taxpayer maintains its	6716
principal place of business.	6717

(E) An agreement under this section shall include all of the	6718
following:	6719

(1) A detailed description of the project that is the subject	6720
of the agreement, including the amount of the investment, the	6721
period over which the investment has been or is being made, the	6722
number of full-time equivalent employees at the project site, and	6723
the anticipated income tax revenue to be generated.	6724

(2) The term of the credit, the percentage of the tax credit,	6725
the maximum annual value of tax credits that may be allowed each	6726
year, and the first year for which the credit may be claimed.	6727

(3) A requirement that the taxpayer maintain operations at	6728
the project site for at least the greater of (a) the term of the	6729
credit plus three years, or (b) seven years.	6730

(4) ~~A requirement that the taxpayer retain a specified number~~	6731
~~of full-time equivalent employees at the project site and within~~	6732
~~this state for the term of the credit, including a requirement~~	6733
~~that the taxpayer continue to employ at least five hundred~~	6734
~~full-time equivalent employees during the entire term of the~~	6735
~~agreement in the case of a credit granted under division (B)(1) of~~	6736
~~this section, and one thousand full-time equivalent employees in~~	6737
~~the case of a credit granted under division (B)(2) of this section~~	6738
(a) In the case of a credit granted under division (B)(1) of this	6739
section, a requirement that the taxpayer retain at least five	6740
hundred full-time equivalent employees at the project site and	6741
within this state for the entire term of the credit, or a	6742
requirement that the taxpayer maintain an annual payroll of at	6743
least thirty-five million dollars for the entire term of the	6744
credit;	6745

(b) In the case of a credit granted under division (B)(2) of	6746
this section, a requirement that the taxpayer retain at least one	6747
thousand full-time equivalent employees at the project site and	6748
within this state for the entire term of the credit;	6749

(c) In the case of a credit granted under division (B)(3) of	6750
this section, a requirement that the taxpayer maintain an annual	6751
payroll of at least twenty million dollars for the entire term of	6752
the credit and either of the following:	6753

(i) A requirement that the taxpayer retain at least five	6754
hundred full-time equivalent employees at the project site and	6755
within this state for the entire term of the credit;	6756

(ii) A requirement that the taxpayer maintain an annual	6757
payroll of at least thirty-five million dollars for the entire	6758
term of the credit.	6759

(5) A requirement that the taxpayer annually report to the	6760
director of development employment, tax withholding, capital	6761
investment, and other information the director needs to perform	6762
the director's duties under this section.	6763

(6) A requirement that the director of development annually	6764
review the annual reports of the taxpayer to verify the	6765
information reported under division (E)(5) of this section and	6766
compliance with the agreement. Upon verification, the director	6767
shall issue a certificate to the taxpayer stating that the	6768
information has been verified and identifying the amount of the	6769
credit for the taxable year or calendar year that includes the tax	6770
period. In determining the number of full-time equivalent	6771
employees, no position shall be counted that is filled by an	6772
employee who is included in the calculation of a tax credit under	6773
section 122.17 of the Revised Code.	6774

(7) A provision providing that the taxpayer may not relocate	6775
a substantial number of employment positions from elsewhere in	6776
this state to the project site unless the director of development	6777
determines that the taxpayer notified the legislative authority of	6778
the county, township, or municipal corporation from which the	6779
employment positions would be relocated.	6780

For purposes of this section, the movement of an employment	6781
position from one political subdivision to another political	6782
subdivision shall be considered a relocation of an employment	6783
position unless the movement is confined to the project site. The	6784
transfer of an employment position from one political subdivision	6785
to another political subdivision shall not be considered a	6786
relocation of an employment position if the employment position in	6787
the first political subdivision is replaced by another employment	6788
position.	6789

(8) A waiver by the taxpayer of any limitations periods	6790
relating to assessments or adjustments resulting from the	6791
taxpayer's failure to comply with the agreement.	6792

(F) If a taxpayer fails to meet or comply with any condition	6793
or requirement set forth in a tax credit agreement, the tax credit	6794
authority may amend the agreement to reduce the percentage or term	6795
of the credit. The reduction of the percentage or term may take	6796
effect in the current taxable or calendar year.	6797

(G) Financial statements and other information submitted to	6798
the department of development or the tax credit authority by an	6799
applicant for or recipient of a tax credit under this section, and	6800
any information taken for any purpose from such statements or	6801
information, are not public records subject to section 149.43 of	6802
the Revised Code. However, the chairperson of the authority may	6803
make use of the statements and other information for purposes of	6804
issuing public reports or in connection with court proceedings	6805
concerning tax credit agreements under this section. Upon the	6806
request of the tax commissioner, or the superintendent of	6807
insurance in the case of an insurance company, the chairperson of	6808
the authority shall provide to the commissioner or superintendent	6809
any statement or other information submitted by an applicant for	6810
or recipient of a tax credit in connection with the credit. The	6811
commissioner or superintendent shall preserve the confidentiality	6812
of the statement or other information.	6813

(H) A taxpayer claiming a tax credit under this section shall	6814
submit to the tax commissioner or, in the case of an insurance	6815
company, to the superintendent of insurance, a copy of the	6816
director of development's certificate of verification under	6817
division (E)(6) of this section with the taxpayer's tax report or	6818
return for the taxable year or for the calendar year that includes	6819
the tax period. Failure to submit a copy of the certificate with	6820
the report or return does not invalidate a claim for a credit if	6821
the taxpayer submits a copy of the certificate to the commissioner	6822
or superintendent within sixty days after the commissioner or	6823
superintendent requests it.	6824

(I) For the purposes of this section, a taxpayer may include	6825
a partnership, a corporation that has made an election under	6826
subchapter S of chapter one of subtitle A of the Internal Revenue	6827
Code, or any other business entity through which income flows as a	6828
distributive share to its owners. A partnership, S-corporation, or	6829
other such business entity may elect to pass the credit received	6830
under this section through to the persons to whom the income or	6831
profit of the partnership, S-corporation, or other entity is	6832
distributed. The election shall be made on the annual report	6833
required under division (E)(5) of this section. The election	6834
applies to and is irrevocable for the credit for which the report	6835
is submitted. If the election is made, the credit shall be	6836
apportioned among those persons in the same proportions as those	6837
in which the income or profit is distributed.	6838

(J) If the director of development determines that a taxpayer	6839
that received a tax credit under this section is not complying	6840
with the requirement under division (E)(3) of this section, the	6841
director shall notify the tax credit authority of the	6842
noncompliance. After receiving such a notice, and after giving the	6843
taxpayer an opportunity to explain the noncompliance, the	6844
authority may terminate the agreement and require the taxpayer to	6845
refund to the state all or a portion of the credit claimed in	6846
previous years, as follows:	6847

(1) If the taxpayer maintained operations at the project site	6848
for less than or equal to the term of the credit, an amount not to	6849
exceed one hundred per cent of the sum of any tax credits allowed	6850
and received under this section.	6851

(2) If the taxpayer maintained operations at the project site	6852
longer than the term of the credit, but less than the greater of	6853
(a) the term of the credit plus three years, or (b) seven years,	6854
the amount required to be refunded shall not exceed seventy-five	6855
per cent of the sum of any tax credits allowed and received under	6856
this section.	6857

In determining the portion of the credit to be refunded to	6858
this state, the authority shall consider the effect of market	6859
conditions on the taxpayer's project and whether the taxpayer	6860
continues to maintain other operations in this state. After making	6861
the determination, the authority shall certify the amount to be	6862
refunded to the tax commissioner or the superintendent of	6863
insurance. If the taxpayer is not an insurance company, the	6864
commissioner shall make an assessment for that amount against the	6865
taxpayer under Chapter 5733., 5747., or 5751. of the Revised Code.	6866
If the taxpayer is an insurance company, the superintendent of	6867
insurance shall make an assessment under section 5725.222 or	6868
5729.102 of the Revised Code. The time limitations on assessments	6869
under those chapters and sections do not apply to an assessment	6870
under this division, but the commissioner or superintendent shall	6871
make the assessment within one year after the date the authority	6872
certifies to the commissioner or superintendent the amount to be	6873
refunded.	6874

(K) The director of development, after consultation with the	6875
tax commissioner and the superintendent of insurance and in	6876
accordance with Chapter 119. of the Revised Code, shall adopt	6877
rules necessary to implement this section. The rules may provide	6878
for recipients of tax credits under this section to be charged	6879
fees to cover administrative costs of the tax credit program. The	6880
fees collected shall be credited to the tax incentive programs	6881
operating fund created in section 122.174 of the Revised Code. At	6882
the time the director gives public notice under division (A) of	6883
section 119.03 of the Revised Code of the adoption of the rules,	6884
the director shall submit copies of the proposed rules to the	6885
chairpersons of the standing committees on economic development in	6886
the senate and the house of representatives.	6887

(L) On or before the first day of August of each year, the	6888
director of development shall submit a report to the governor, the	6889
president of the senate, and the speaker of the house of	6890
representatives on the tax credit program under this section. The	6891
report shall include information on the number of agreements that	6892
were entered into under this section during the preceding calendar	6893
year, a description of the project that is the subject of each	6894
such agreement, and an update on the status of projects under	6895
agreements entered into before the preceding calendar year.	6896

(M)(1) The aggregate amount of tax credits issued under	6897
division (B)(1) of this section during any calendar year for	6898
capital investment projects reviewed and approved by the tax	6899
credit authority may not exceed the following amounts:	6900

(a) For 2010, thirteen million dollars;

6901

(b) For 2011 through 2023, the amount of the limit for the	6902
preceding calendar year plus thirteen million dollars;	6903

(c) For 2024 and each year thereafter, one hundred	6904
ninety-five million dollars.	6905

(2) The aggregate amount of tax credits ~~issued~~authorized	6906
under ~~division~~divisions (B)(2) and (3) of this section ~~during~~and	6907
allowed to be claimed by taxpayers in any calendar year for	6908
capital improvement projects reviewed and approved by the tax	6909
credit authority ~~may not exceed~~ ~~eight~~ million dollarsin 2011,	6910
2012, and 2013 combined shall not exceed twenty-five million	6911
dollars. An amount equal to the aggregate amount of credits first	6912
authorized in calendar year 2011, 2012, and 2013 may be claimed	6913
annually for up to fifteen years, subject to the terms of	6914
individual tax credit agreements.	6915

The limitations in division (M) of this section do not apply	6916
to credits for capital investment projects approved by the tax	6917
credit authority before July 1, 2009.	6918

Sec. 122.65. As used in sections 122.65 to 122.659 of the	6919
Revised Code:	6920

(A) "Applicable cleanup standards" means either of the	6921
following:	6922

(1) For property to which Chapter 3734. of the Revised Code	6923
and rules adopted under it apply, the requirements for closure or	6924
corrective action established in rules adopted under section	6925
3734.12 of the Revised Code;	6926

(2) For property to which Chapter 3746. of the Revised Code	6927
and rules adopted under it apply, the cleanup standards that are	6928
established in rules adopted under section 3746.04 of the Revised	6929
Code.	6930

(B) "Applicant" means a county, township, municipal	6931
corporation, port authority, or conservancy district or a park	6932
district, other similar park authority, nonprofit organization, or	6933
organization for profit that has entered into an agreement with a	6934
county, township, municipal corporation, port authority, or	6935
conservancy district to work in conjunction with that county,	6936
township, municipal corporation, port authority, or conservancy	6937
district for the purposes of sections 122.65 to 122.658 of the	6938
Revised Code.	6939

(C) "Assessment" means a phase I and phase II property	6940
assessment conducted in accordance with section 3746.04 of the	6941
Revised Code and rules adopted under that section.	6942

(D) "Brownfield" means an abandoned, idled, or under-used	6943
industrial, commercial, or institutional property where expansion	6944
or redevelopment is complicated by known or potential releases of	6945
hazardous substances or petroleum.	6946

(E) "Certified professional," "hazardous substance,"	6947
"petroleum," and "release" have the same meanings as in section	6948
3746.01 of the Revised Code.	6949

(F) "Cleanup or remediation" means any action to contain,	6950
remove, or dispose of hazardous substances or petroleum at a	6951
brownfield. "Cleanup or remediation" includes the acquisition of a	6952
brownfield, demolition performed at a brownfield, and the	6953
installation or upgrade of the minimum amount of infrastructure	6954
that is necessary to make a brownfield operational for economic	6955
development activity.	6956

(G) "Distressed area" means either a municipal corporation	6957
with a population of at least fifty thousand or a county that	6958
meets any two of the following criteria:	6959

(1) Its average rate of unemployment, during the most recent	6960
five-year period for which data are available, is equal to at	6961
least one hundred twenty-five per cent of the average rate of	6962
unemployment for the United States for the same period.	6963

(2) It has a per capita income equal to or below eighty per	6964
cent of the median county per capita income of the United States	6965
as determined by the most recently available figures from the	6966
United States census bureau.	6967

(3)(a) In the case of a municipal corporation, at least	6968
twenty per cent of the residents have a total income for the most	6969
recent census year that is below the official poverty line.	6970

(b) In the case of a county, in intercensal years, the county	6971
has a ratio of transfer payment income to total county income	6972
equal to or greater than twenty-five per cent.	6973

"Distressed area" includes a municipal corporation the	6974
majority of the population of which is situated in a county that	6975
is a distressed area.	6976

(H) "Eligible area" means a distressed area, an inner city	6977
area, a labor surplus area, or a situational distress area.	6978

(I) "Inner city area" means an area in a municipal	6979
corporation that has a population of at least one hundred	6980
thousand, is not a labor surplus area, and is a targeted	6981
investment area established by the municipal corporation that is	6982
comprised of block tracts identified in the most recently	6983
available figures from the United States census bureau in which at	6984
least twenty per cent of the population in the area is at or below	6985
the official poverty line or of contiguous block tracts meeting	6986
those criteria.	6987

(J) "Institutional property" means property currently or	6988
formerly owned or controlled by the state that is or was used for	6989
a public or charitable purpose. However, "institutional property"	6990
does not mean property that is or was used for educational	6991
purposes.	6992

(K) "Integrating and innovation committee" means a ~~district~~	6993
~~public works~~local government integrating and innovation committee	6994
established under section 164.04 of the Revised Code.	6995

(L) "Labor surplus area" means an area designated as a labor	6996
surplus area by the United States department of labor.	6997

(M) "Loan" includes credit enhancement.

6998

(N) "No further action letter" means a letter that is	6999
prepared by a certified professional when, on the basis of the	7000
best knowledge, information, and belief of the certified	7001
professional, the certified professional concludes that the	7002
cleanup or remediation of a brownfield meets the applicable	7003
cleanup standards and that contains all of the information	7004
specified in rules adopted under division (B)(7) of section	7005
3746.04 of the Revised Code.	7006

(O) "Nonprofit organization" means a corporation,	7007
association, group, institution, society, or other organization	7008
that is exempt from federal income taxation under section	7009
501(c)(3) of the "Internal Revenue Code of 1986," 100 Stat. 2085,	7010
26 U.S.C. 501(c)(3), as amended.	7011

(P) "Property" means any parcel of real property, or portion	7012
of such a parcel, and any improvements to it.	7013

(Q) "Public health project" means the cleanup or remediation	7014
of a release or threatened release of hazardous substances or	7015
petroleum at a property where little or no economic redevelopment	7016
potential exists.	7017

(R) "Official poverty line" has the same meaning as in	7018
section 3923.51 of the Revised Code.	7019

(S) "Situational distress area" means a county or a municipal	7020
corporation that has experienced or is experiencing a closing or	7021
downsizing of a major employer that will adversely affect the	7022
county or municipal corporation's economy and that has applied to	7023
the director of development to be designated as a situational	7024
distress area for not more than thirty months by demonstrating all	7025
of the following:	7026

(1) The number of jobs lost by the closing or downsizing;

7027

(2) The impact that the job loss has on the county or	7028
municipal corporation's unemployment rate as measured by the	7029
director of job and family services;	7030

(3) The annual payroll associated with the job loss;

7031

(4) The amount of state and local taxes associated with the	7032
job loss;	7033

(5) The impact that the closing or downsizing has on	7034
suppliers located in the county or municipal corporation.	7035

Sec. 122.652. (A)(1) An applicant seeking a grant or loan for	7036
a brownfield cleanup or remediation project from the clean Ohio	7037
revitalization fund created in section 122.658 of the Revised Code	7038
shall request an application form from the appropriate integrating	7039
and innovation committee with geographical jurisdiction over the	7040
project for which a grant or loan is sought. The applicant shall	7041
complete the application and include all of the information	7042
required by sections 122.65 to 122.658 of the Revised Code and	7043
policies and requirements established under section 122.657 of the	7044
Revised Code.	7045

(2) In addition to the information that is required to be	7046
included in the application under division (A)(1) of this section,	7047
an applicant shall include an affidavit signed by the authorized	7048
representative of the applicant certifying that the applicant did	7049
not cause or contribute to the release of hazardous substances or	7050
petroleum at the brownfield that is the subject of the	7051
application.	7052

No person shall submit a false affidavit under division	7053
(A)(2) of this section.	7054

(3) After completion of the application, but prior to the	7055
submission of the application to the integrating and innovation	7056
committee under division (B) of this section, the applicant shall	7057
conduct a public meeting concerning the application and the	7058
proposed cleanup or remediation. Not later than forty-five days	7059
prior to conducting the public meeting, the applicant shall	7060
provide notice of the date, time, and location of the public	7061
meeting in a newspaper of general circulation in the county in	7062
which the property that is the subject of the application is	7063
located. In addition, not later than forty-five days prior to the	7064
hearing, the applicant shall post notice of the date, time, and	7065
location of the public meeting at the property on a sign that	7066
measures not less than four feet by four feet or, if the political	7067
subdivision in which the sign is to be posted prohibits a sign of	7068
that size, the maximum size of sign permitted by that political	7069
subdivision.	7070

In addition, not later than forty-five days prior to the	7071
public meeting, the applicant shall provide a copy of the	7072
application to a public library in the vicinity of the property	7073
for public review. The submission of the application and the	7074
location of the public library shall be included in the notice	7075
required under this division. The general public may submit	7076
comments to the applicant concerning the application prior to and	7077
at the public meeting.	7078

(B) An applicant shall submit a completed application, all	7079
required information, and an application summary to the	7080
appropriate integrating and innovation committee. Based on a	7081
review of the application summaries submitted to it, an	7082
integrating and innovation committee or, if required under	7083
division (C) of this section, the executive committee of the	7084
integrating and innovation committee shall prioritize all	7085
applications in accordance with criteria and procedures	7086
established pursuant to section 122.657 of the Revised Code. The	7087
integrating and innovation committee shall choose not more than	7088
six applications annually that it determines merit funding and	7089
shall forward those applications and all accompanying information	7090
to the clean Ohio council. In prioritizing and choosing	7091
applications under this division, an integrating and innovation	7092
committee or, if required under division (C) of this section, the	7093
executive committee of the integrating and innovation committee	7094
shall consult with local and regional economic development	7095
agencies or resources, community development agencies or	7096
organizations, local business organizations, and other appropriate	7097
entities located or operating in the geographic jurisdiction of	7098
the integrating and innovation committee.	7099

Notwithstanding this division or division (C) of this	7100
section, if an integrating and innovation committee receives only	7101
one application in any given year, the chair of the integrating	7102
and innovation committee or, if required under division (C) of	7103
this section, the chair of the executive committee of the	7104
integrating and innovation committee may forward that application	7105
to the clean Ohio council as the district's top priority project	7106
for that year without a vote of the full integrating and	7107
innovation committee or executive committee, as applicable.	7108
However, the chair of the integrating and innovation committee or	7109
chair of the executive committee, as applicable, shall provide	7110
written notice of the chair's intent to forward the application to	7111
each member of the integrating and innovation committee or	7112
executive committee, as applicable, not later than ~~fiftenn~~fifteen	7113
days prior to forwarding the application.	7114

(C) For purposes of division (B) of this section, all	7115
decisions of an integrating and innovation committee that is	7116
required to be organized in accordance with division (A)(5) or (6)	7117
of section 164.04 of the Revised Code shall be approved by its	7118
executive committee that is required to be established under	7119
division (A)(7) or (8) of that section. The affirmative vote of at	7120
least seven members of an executive committee established under	7121
division (A)(7) of section 164.04 of the Revised Code, or of at	7122
least nine members of an executive committee established under	7123
division (A)(8) of that section, is required for any action taken	7124
by an executive committee for purposes of division (B) of this	7125
section. A decision of an executive committee may be rejected by a	7126
vote of at least two-thirds of the full membership of the	7127
applicable integrating and innovation committee not later than	7128
thirty days after the executive committee action. If an executive	7129
committee is required under this division to prioritize	7130
applications under division (B) of this section, only applications	7131
that are approved by the executive committee may be submitted to	7132
the clean Ohio council for purposes of sections 122.65 to 122.659	7133
of the Revised Code.	7134

(D) The clean Ohio council shall supply application forms to	7135
each integrating and innovation committee.	7136

Sec. 122.653. (A) Upon receipt of an application from an	7137
integrating and innovation committee, the clean Ohio council shall	7138
examine the application and all accompanying information to	7139
determine if the application is complete. If the council	7140
determines that the application is not complete, the council	7141
immediately shall notify the applicant that the application is not	7142
complete, provide a description of the information that is missing	7143
from the application, and return the application and all	7144
accompanying information to the applicant. The applicant may	7145
resubmit the application directly to the council.	7146

(B) The council shall approve or disapprove in writing	7147
applications submitted to it by integrating and innovation	7148
committees or executive committees of integrating and innovation	7149
committees for grants or loans from the clean Ohio revitalization	7150
fund. The council shall not approve a project that fails to comply	7151
with the requirements established in sections 122.65 to 122.658 of	7152
the Revised Code and policies and requirements established under	7153
section 122.657 of the Revised Code. The council also shall not	7154
approve a project if the applicant caused or contributed to the	7155
contamination at the property. In approving or disapproving	7156
applications, the council shall use the selection process	7157
established in policies and requirements established under section	7158
122.657 of the Revised Code.	7159

(C) If the council approves an application under this	7160
section, the council shall enter into an agreement with the	7161
applicant to award a grant or make a loan for the applicant's	7162
brownfield cleanup or remediation project. The agreement shall be	7163
executed prior to the payment or disbursement of any funds	7164
approved by the council under this section. The agreement shall	7165
contain, at a minimum, all of the following:	7166

(1) The designation of a single officer or employee of the	7167
applicant who will serve as project manager;	7168

(2) Procedures for the payment or disbursement of funds from	7169
the grant or loan to the applicant;	7170

(3) A designation of the percentage of the estimated total	7171
cost of the project for which the grant or loan will provide	7172
funding, which shall not exceed seventy-five per cent of that cost	7173
as provided in section 122.658 of the Revised Code;	7174

(4) A description of the manner by which the applicant will	7175
provide the remainder of the estimated total cost of the project,	7176
which shall equal at least twenty-five per cent of that cost as	7177
provided in section 122.658 of the Revised Code;	7178

(5) An assurance that the applicant will clean up or	7179
remediate the brownfield to the applicable cleanup standards;	7180

(6) A provision for the reimbursement of grant moneys or	7181
immediate repayment of the loan, as applicable, if the completed	7182
project does not comply with the applicable cleanup standards;	7183

(7) Any other provisions that the council considers necessary	7184
in order to ensure that the project's implementation will comply	7185
with the requirements established in sections 122.65 to 122.658 of	7186
the Revised Code and policies and requirements established under	7187
section 122.657 of the Revised Code.	7188

(D) If the council executes an agreement under this section,	7189
the council shall forward a copy of the agreement to the	7190
department of development for the purposes of section 122.658 of	7191
the Revised Code.	7192

(E) A grant may be awarded or a loan may be made for a	7193
project under this section to an applicant to pay the costs of	7194
cleanup or remediation of a brownfield in order to comply with	7195
applicable cleanup standards.	7196

Sec. 122.657. For the purposes of sections 122.65 to 122.658	7197
of the Revised Code, the director of development shall establish	7198
policies and requirements regarding all of the following:	7199

(A) The form and content of applications for grants or loans	7200
from the clean Ohio revitalization fund under section 122.652 of	7201
the Revised Code. The policies and requirements shall require that	7202
each application include, at a minimum, all of the following:	7203

(1) The name, address, and telephone number of the applicant;

7204

(2) The legal description of the property for which the grant	7205
or loan is requested;	7206

(3) A summary description of the hazardous substances or	7207
petroleum present at the brownfield and a certified copy of the	7208
results of an assessment;	7209

(4) A detailed explanation of the proposed cleanup or	7210
remediation of the brownfield, including an identification of the	7211
applicable cleanup standards, and a detailed description of the	7212
proposed use of the brownfield after completion of the cleanup or	7213
remediation;	7214

(5) An estimate of the total cost to clean up or remediate	7215
the brownfield in order to comply with the applicable cleanup	7216
standards. The total cost shall include the cost of employing a	7217
certified professional under section 122.654 of the Revised Code.	7218

(6) A detailed explanation of the portion of the estimated	7219
total cost of the cleanup or remediation of the brownfield that	7220
the applicant proposes to provide as required under sections	7221
122.653 and 122.658 of the Revised Code and financial records	7222
supporting the proposal;	7223

(7) A certified copy of a resolution or ordinance approving	7224
the project that the applicant shall obtain from the board of	7225
township trustees of the township or the legislative authority of	7226
the municipal corporation in which the property is located,	7227
whichever is applicable;	7228

(8) A description of the estimated economic benefit that will	7229
result from a cleanup or remediation of the brownfield;	7230

(9) An application summary for purposes of review by an	7231
integrating and innovation committee or, if applicable, the	7232
executive committee of an integrating and innovation committee	7233
under division (B) of section 122.652 of the Revised Code;	7234

(10) With respect to applications for loans, information	7235
demonstrating that the applicant will implement a financial	7236
management plan that includes, without limitation, provisions for	7237
the satisfactory repayment of the loan;	7238

(11) Any other provisions that the director determines should	7239
be included in an application.	7240

(B) Procedures for conducting public meetings and providing	7241
public notice under division (A) of section 122.652 of the Revised	7242
Code;	7243

(C) Criteria to be used by integrating and innovation	7244
committees or, if required under division (C) of section 122.652	7245
of the Revised Code, executive committees of integrating and	7246
innovation committees when prioritizing projects under division	7247
(B) of section 122.652 of the Revised Code. The policies and	7248
requirements also shall establish procedures that integrating and	7249
innovation committees or, if required under division (C) of	7250
section 122.652 of the Revised Code, executive committees of	7251
integrating and innovation committees shall use in applying the	7252
criteria.	7253

(D) A selection process that provides for the prioritization	7254
of brownfield cleanup or remediation projects for which grant or	7255
loan applications are submitted under section 122.652 of the	7256
Revised Code. The policies and requirements shall require the	7257
selection process to give priority to projects in which the	7258
post-cleanup or remediation use will be for a combination of	7259
residential, commercial, or industrial purposes, which may include	7260
the conversion of a portion of a brownfield to a recreation, park,	7261
or natural area that is integrated with the residential,	7262
commercial, or industrial use of the brownfield after cleanup or	7263
remediation, or will incorporate projects that are funded by	7264
grants awarded under sections 164.20 to 164.27 of the Revised	7265
Code. The policies and requirements shall require the selection	7266
process to incorporate and emphasize all of the following factors:	7267

(1) The potential economic benefit that will result from the	7268
cleanup or remediation of a brownfield;	7269

(2) The potential environmental improvement that will result	7270
from the cleanup or remediation of a brownfield;	7271

(3) The amount and nature of the match provided by an	7272
applicant as required under sections 122.653 and 122.658 of the	7273
Revised Code;	7274

(4) Funding priorities recommended by integrating and	7275
innovation committees or, if required under division (C) of	7276
section 122.652 of the Revised Code, executive committees of	7277
integrating and innovation committees under division (B) of	7278
section 122.652 of the Revised Code;	7279

(5) The potential benefit to low-income communities,	7280
including minority communities, that will result from the cleanup	7281
or remediation of a brownfield;	7282

(6) Any other factors that the director considers	7283
appropriate.	7284

(E) The development of criteria that the director shall use	7285
when awarding grants under section 122.656 of the Revised Code.	7286
The criteria shall give priority to public health projects. In	7287
addition, the director, in consultation with the director of	7288
environmental protection, shall establish policies and	7289
requirements that require the criteria to include a public health	7290
project selection process that incorporates and emphasizes all of	7291
the following factors:	7292

(1) The potential environmental improvement that will result	7293
from the cleanup or remediation;	7294

(2) The ability of an applicant to access the property for	7295
purposes of the cleanup or remediation;	7296

(3) The name and qualifications of the cleanup or remediation	7297
contractor;	7298

(4) Any other factors that the director of development	7299
considers appropriate.	7300

The director of development may develop any other policies	7301
and requirements that the director determines are necessary for	7302
the administration of section 122.656 of the Revised Code.	7303

(F) The development of a brownfield cleanup and remediation	7304
oversight program to ensure compliance with sections 122.65 to	7305
122.658 of the Revised Code and policies and requirements	7306
established under this section. The policies and requirements	7307
shall require the program to include, at a minimum, both of the	7308
following:	7309

(1) Procedures for the accounting of invoices and receipts	7310
and any other documents that are necessary to demonstrate that a	7311
cleanup or remediation was properly performed;	7312

(2) Procedures that are necessary to provide a detailed	7313
explanation of the status of the property five years after the	7314
completed cleanup or remediation.	7315

(G) A delineation of what constitutes administrative costs	7316
for purposes of divisions (D) and (F) of section 122.658 of the	7317
Revised Code;	7318

(H) Procedures and requirements for making loans and loan	7319
agreements that include at least all of the following:	7320

(1) Not more than fifteen per cent of moneys annually	7321
allocated to the clean Ohio revitalization fund shall be used for	7322
loans.	7323

(2) The loans shall be made at or below market rates of	7324
interest, including, without limitation, interest-free loans.	7325

(3) The recipient of a loan shall identify a source of	7326
security and a source of repayment of the loan.	7327

(4) All payments of principal and interest on a loan shall be	7328
deposited in the state treasury and credited to the clean Ohio	7329
revitalization revolving loan fund.	7330

(5) The clean Ohio council may accept notes and other forms	7331
of obligation to evidence indebtedness, accept mortgages, liens,	7332
pledges, assignments, and other security interests to secure such	7333
indebtedness, and take any actions that are considered by the	7334
council to be appropriate to protect such security and safeguard	7335
against losses, including, without limitation, foreclosure and	7336
bidding on the purchase of property upon foreclosure or other	7337
sale.	7338

(I) Any other policies and requirements that the director	7339
determines are necessary for the administration of sections 122.65	7340
to 122.658 of the Revised Code.	7341

Sec. 122.76. (A) The director of development, with	7342
controlling board approval, may lend funds to minority business	7343
enterprises and to community improvement corporations, Ohio	7344
development corporations, minority contractors business assistance	7345
organizations, and minority business supplier development councils	7346
for the purpose of loaning funds to minority business enterprises	7347
and for the purpose of procuring or improving real or personal	7348
property, or both, for the establishment, location, or expansion	7349
of industrial, distribution, commercial, or research facilities in	7350
the state, and to community development corporations that	7351
predominantly benefit minority business enterprises or are located	7352
in a census tract that has a population that is sixty per cent or	7353
more minority if the director determines, in the director's sole	7354
discretion, that all of the following apply:	7355

(1) The project is economically sound and will benefit the	7356
people of the state by increasing opportunities for employment, by	7357
strengthening the economy of the state, or expanding minority	7358
business enterprises.	7359

(2) The proposed minority business enterprise borrower is	7360
unable to finance the proposed project through ordinary financial	7361
channels at comparable terms.	7362

(3) The value of the project is or, upon completion, will be	7363
at least equal to the total amount of the money expended in the	7364
procurement or improvement of the project~~, and one or more~~	7365
~~financial institutions or other governmental entities have loaned~~	7366
~~not less than thirty per cent of that amount~~.	7367

(4) The amount to be loaned by the director will not exceed	7368
sixty per cent of the total amount expended in the procurement or	7369
improvement of the project.	7370

(5) The amount to be loaned by the director will be	7371
adequately secured by a first or second mortgage upon the project	7372
or by mortgages, leases, liens, assignments, or pledges on or of	7373
other property or contracts as the director requires, and such	7374
mortgage will not be subordinate to any other liens or mortgages	7375
except the liens securing loans or investments made by financial	7376
institutions referred to in division (A)(3) of this section, and	7377
the liens securing loans previously made by any financial	7378
institution in connection with the procurement or expansion of all	7379
or part of a project.	7380

(B) Any proposed minority business enterprise borrower	7381
submitting an application for assistance under this section shall	7382
not have defaulted on a previous loan from the director, and no	7383
full or limited partner, major shareholder, or holder of an equity	7384
interest of the proposed minority business enterprise borrower	7385
shall have defaulted on a loan from the director.	7386

(C) The proposed minority business enterprise borrower shall	7387
demonstrate to the satisfaction of the director that it is able to	7388
successfully compete in the private sector if it obtains the	7389
necessary financial, technical, or managerial support and that	7390
support is available through the director, the minority business	7391
development office of the department of development, or other	7392
identified and acceptable sources. In determining whether a	7393
minority business enterprise borrower will be able to successfully	7394
compete, the director may give consideration to such factors as	7395
the successful completion of or participation in courses of study,	7396
recognized by the board of regents as providing financial,	7397
technical, or managerial skills related to the operation of the	7398
business, by the economically disadvantaged individual, owner, or	7399
partner, and the prior success of the individual, owner, or	7400
partner in personal, career, or business activities, as well as to	7401
other factors identified by the director.	7402

(D) The director shall not lend funds for the purpose of	7403
procuring or improving motor vehicles or accounts receivable.	7404

Sec. 123.011. (A) As used in this section:

7405

(1) "Construct" includes reconstruct, improve, renovate,	7406
enlarge, or otherwise alter.	7407

(2) "Energy consumption analysis" means the evaluation of all	7408
energy consuming systems, components, and equipment by demand and	7409
type of energy, including the internal energy load imposed on a	7410
facility by its occupants and the external energy load imposed by	7411
climatic conditions.	7412

(3) "Energy performance index" means a number describing the	7413
energy requirements of a facility per square foot of floor space	7414
or per cubic foot of occupied volume as appropriate under defined	7415
internal and external ambient conditions over an entire seasonal	7416
cycle.	7417

(4) "Facility" means a building or other structure, or part	7418
of a building or other structure, that includes provision for a	7419
heating, refrigeration, ventilation, cooling, lighting, hot water,	7420
or other major energy consuming system, component, or equipment.	7421

(5) "Life-cycle cost analysis" means a general approach to	7422
economic evaluation that takes into account all dollar costs	7423
related to owning, operating, maintaining, and ultimately	7424
disposing of a project over the appropriate study period.	7425

(6) "Political subdivision" means a county, township,	7426
municipal corporation, board of education of any school district,	7427
or any other body corporate and politic that is responsible for	7428
government activities in a geographic area smaller than that of	7429
the state.	7430

(7) "State funded" means funded in whole or in part through	7431
appropriation by the general assembly or through the use of any	7432
guarantee provided by this state.	7433

~~(6)~~(8) "State institution of higher education" has the same	7434
meaning as in section 3345.011 of the Revised Code.	7435

(B) There is hereby created within the department of	7436
administrative services the office of energy services. The office	7437
shall be under the supervision of a manager, who shall be	7438
appointed by the director of administrative services. The director	7439
shall assign to the office such number of employees and furnish	7440
such equipment and supplies as are necessary for the performance	7441
of the office's duties.	7442

The office shall develop energy efficiency and conservation	7443
programs in each of the following areas:	7444

(1) New construction design and review;

7445

(2) Existing building audit and retrofit;

7446

(3) Energy efficient procurement;

7447

(4) Alternative fuel vehicles.

7448

The office may accept and administer grants from public and	7449
private sources for carrying out any of its duties under this	7450
section.	7451

(C) No state agency, department, division, bureau, office,	7452
unit, board, commission, authority, quasi-governmental entity, or	7453
institution, including those agencies otherwise excluded from the	7454
jurisdiction of the department under division (A)(3) of section	7455
123.01 of the Revised Code, shall lease, construct, or cause to be	7456
leased or constructed, within the limits prescribed in this	7457
section, a state-funded facility, without ~~having secured from the~~	7458
~~office~~ a proper life-cycle cost analysis or, in the case of a	7459
lease, an energy consumption analysis, as computed or prepared by	7460
a qualified architect or engineer in accordance with the rules	7461
required by division (D) of this section.	7462

Construction shall proceed only upon the disclosure to the	7463
office, for the facility chosen, of the life-cycle costs as	7464
determined in this section and the capitalization of the initial	7465
construction costs of the building. The results of life-cycle cost	7466
analysis shall be a primary consideration in the selection of a	7467
building design. That analysis shall be required only for	7468
construction of buildings with an area of five thousand square	7469
feet or greater. An energy consumption analysis for the term of a	7470
proposed lease shall be required only for the leasing of an area	7471
of twenty thousand square feet or greater within a given building	7472
boundary. That analysis shall be a primary consideration in the	7473
selection of a facility to be leased.	7474

Nothing in this section shall deprive or limit any state	7475
agency that has review authority over design, construction, or	7476
leasing plans from requiring a life-cycle cost analysis or energy	7477
consumption analysis.	7478

~~Whenever any state agency, department, division, bureau,~~	7479
~~office, unit, board, commission, authority, quasi-governmental~~	7480
~~entity, or institution requests release of capital improvement~~	7481
~~funds for any state-funded facility, it shall submit copies of all~~	7482
~~pertinent life-cycle cost analyses prepared pursuant to this~~	7483
~~section and in accordance with rules adopted under Chapters 3781.~~	7484
~~and 4101. of the Revised Code.~~	7485

(D) For the purposes of assisting the department in its	7486
responsibility for state-funded facilities pursuant to section	7487
123.01 of the Revised Code and of cost-effectively reducing the	7488
energy consumption of those and any other state-funded facilities,	7489
thereby promoting fiscal, economic, and environmental benefits to	7490
this state, the office shall promulgate rules specifying	7491
cost-effective, energy efficiency and conservation standards that	7492
may govern the lease, design, construction, operation, and	7493
maintenance of all state-funded facilities, except facilities of	7494
state institutions of higher education or facilities operated by a	7495
political subdivision. The office of energy efficiency in the	7496
department of development shall cooperate in providing information	7497
and technical expertise to the office of energy services to ensure	7498
promulgation of rules of maximum effectiveness. The standards	7499
prescribed by rules promulgated under this division may draw from	7500
or incorporate, by reference or otherwise and in whole or in part,	7501
standards already developed or implemented by any competent,	7502
public or private standards organization or program. The rules	7503
also may include any of the following:	7504

(1) Specifications for a life-cycle cost analysis that shall	7505
determine, for the economic life of such state-funded facility,	7506
the reasonably expected costs of facility ownership, operation,	7507
and maintenance including labor and materials. Life-cycle cost may	7508
be expressed as an annual cost for each year of the facility's	7509
use. ~~Further, the life-cycle cost analysis may demonstrate for~~	7510
~~each design how the design contributes to energy efficiency and~~	7511
~~conservation with respect to any of the following:~~	7512

~~(a) The coordination, orientation, and positioning of the~~	7513
~~facility on its physical site;~~	7514

~~(b) The amount and type of glass employed in the facility and~~	7515
~~the directions of exposure;~~	7516

~~(c) Thermal characteristics of materials incorporated into~~	7517
~~facility design, including insulation;~~	7518

~~(d) Architectural features that affect energy consumption,~~	7519
~~including the solar absorption and reflection properties of~~	7520
~~external surfaces;~~	7521

~~(e) The variable occupancy and operating conditions of the~~	7522
~~facility and portions of the facility, including illumination~~	7523
~~levels;~~	7524

~~(f) Any other pertinent, physical characteristics of the~~	7525
~~design.~~	7526

A life-cycle cost analysis additionally may include an energy	7527
consumption analysis that conforms to division (D)(2) of this	7528
section.	7529

(2) Specifications for an energy consumption analysis of the	7530
facility's heating, refrigeration, ventilation, cooling, lighting,	7531
hot water, and other major energy consuming systems, components,	7532
and equipment. ~~This analysis shall include both of the following:~~	7533

~~(a) The comparison of two or more system alternatives, one of~~	7534
~~which may be a system using solar energy;~~	7535

~~(b) The projection of the annual energy consumption of those~~	7536
~~major energy consuming systems, components, and equipment, for a~~	7537
~~range of operation of the facility over the economic life of the~~	7538
~~facility and considering their operation at other than full or~~	7539
~~rated outputs.~~	7540

A life-cycle cost analysis and energy consumption analysis	7541
shall be based on the best currently available methods of	7542
analysis, such as those of the national ~~bureau~~institute of	7543
standards and technology, the United States department of ~~housing~~	7544
~~and urban development~~energy or other federal agencies,	7545
professional societies, and directions developed by the	7546
department.	7547

(3) Specifications for energy performance indices, to be used	7548
to audit and evaluate competing design proposals submitted to the	7549
state.	7550

(4) A requirement that, not later than two years after ~~the~~	7551
~~effective date of this amendment~~April 6, 2007, each state-funded	7552
facility, except a facility of a state institution of higher	7553
education or a facility operated by a political subdivision, is	7554
managed by at least one building operator certified under the	7555
building operator certification program or any equivalent program	7556
or standards as shall be prescribed in the rules and considered	7557
reasonably equivalent.	7558

(5) An application process by which a ~~project~~ manager~~, as to~~	7559
of a specified state-funded facility, except a facility of a state	7560
institution of higher education or a facility operated by a	7561
political subdivision, may apply for a waiver of compliance with	7562
any provision of the rules required by divisions (D)(1) to (4) of	7563
this section.	7564

(E) The office of energy services shall promulgate rules to	7565
ensure that energy efficiency and conservation will be considered	7566
in the purchase of products and equipment, except motor vehicles,	7567
by any state agency, department, division, bureau, office, unit,	7568
board, commission, authority, quasi-governmental entity, or	7569
institution. Minimum energy efficiency standards for purchased	7570
products and equipment may be required, based on federal testing	7571
and labeling where available or on standards developed by the	7572
office. The rules shall apply to the competitive selection of	7573
energy consuming systems, components, and equipment under Chapter	7574
125. of the Revised Code where possible.	7575

The office also shall ensure energy efficient and energy	7576
conserving purchasing practices by doing all of the following:	7577

(1) Cooperatively with the office of energy efficiency,	7578
identifying available energy efficiency and conservation	7579
opportunities;	7580

(2) Providing for interchange of information among purchasing	7581
agencies;	7582

(3) Identifying laws, policies, rules, and procedures that	7583
need modification;	7584

(4) Monitoring experience with and the cost-effectiveness of	7585
this state's purchase and use of motor vehicles and of major	7586
energy-consuming systems, components, equipment, and products	7587
having a significant impact on energy consumption by government;	7588

(5) Cooperatively with the office of energy efficiency,	7589
providing technical assistance and training to state employees	7590
involved in the purchasing process.	7591

The department of development shall make recommendations to	7592
the office regarding planning and implementation of purchasing	7593
policies and procedures supportive of energy efficiency and	7594
conservation.	7595

(F)(1) The office of energy services shall require all state	7596
agencies, departments, divisions, bureaus, offices, units,	7597
commissions, boards, authorities, quasi-governmental entities,	7598
institutions, and state institutions of higher education to	7599
implement procedures ensuring that all their passenger automobiles	7600
acquired in each fiscal year, except for those passenger	7601
automobiles acquired for use in law enforcement or emergency	7602
rescue work, achieve a fleet average fuel economy of not less than	7603
the fleet average fuel economy for that fiscal year as shall be	7604
prescribed by the office by rule. The office shall promulgate the	7605
rule prior to the beginning of the fiscal year in accordance with	7606
the average fuel economy standards established pursuant to federal	7607
law for passenger automobiles manufactured during the model year	7608
that begins during the fiscal year.	7609

(2) Each state agency, department, division, bureau, office,	7610
unit, commission, board, authority, quasi-governmental entity,	7611
institution, and state institution of higher education shall	7612
determine its fleet average fuel economy by dividing:	7613

(a) The total number of passenger vehicles acquired during	7614
the fiscal year, except for those passenger vehicles acquired for	7615
use in law enforcement or emergency rescue work, by	7616

(b) A sum of terms, each of which is a fraction created by	7617
dividing:	7618

(i) The number of passenger vehicles of a given make, model,	7619
and year, except for passenger vehicles acquired for use in law	7620
enforcement or emergency rescue work, acquired during the fiscal	7621
year, by	7622

(ii) The fuel economy measured by the administrator of the	7623
United States environmental protection agency, for the given make,	7624
model, and year of vehicle, that constitutes an average fuel	7625
economy for combined city and highway driving.	7626

As used in division (F)(2) of this section, "acquired" means	7627
leased for a period of sixty continuous days or more, or	7628
purchased.	7629

(G) Each state agency, department, division, bureau, office,	7630
unit, board, commission, authority, quasi-governmental entity,	7631
institution, and state institution of higher education shall	7632
comply with any applicable provision of this section or of a rule	7633
promulgated pursuant to division (D) or (F) of this section.	7634

Sec. 124.09. The director of administrative services shall	7635
do all of the following:	7636

(A) Prescribe, amend, and enforce administrative rules for	7637
the purpose of carrying out the functions, powers, and duties	7638
vested in and imposed upon the director by this chapter. Except in	7639
the case of rules adopted pursuant to section 124.14 of the	7640
Revised Code, the prescription, amendment, and enforcement of	7641
rules under this division are subject to approval, disapproval, or	7642
modification by the state personnel board of review.	7643

(B) Keep records of the director's proceedings and records of	7644
all applications for examinations and all examinations conducted	7645
by the director or the director's designee. All of those records,	7646
except examinations, proficiency assessments, and recommendations	7647
of former employers, shall be open to public inspection under	7648
reasonable regulations; provided the governor, or any person	7649
designated by the governor, may, for the purpose of investigation,	7650
have free access to all of those records, whenever the governor	7651
has reason to believe that this chapter, or the administrative	7652
rules of the director prescribed under this chapter, are being	7653
violated.	7654

(C) Prepare, continue, and keep in the office of the	7655
department of administrative services a complete roster of all	7656
persons in the classified civil service of the state who are paid	7657
directly by warrant of the director of budget and management. This	7658
roster shall be open to public inspection at all reasonable hours.	7659
It shall show in reference to each of those persons, the person's	7660
name, address, date of appointment to or employment in the	7661
classified civil service of the state, and salary or compensation,	7662
the title of the place or office that the person holds, the nature	7663
of the duties of that place or office, and, in case of the	7664
person's removal or resignation, the date of the termination of	7665
that service.	7666

(D) Approve the establishment of all new positions in the	7667
civil service of the state and the reestablishment of abolished	7668
positions;	7669

(E) Require the abolishment of any position in the civil	7670
service of the state that is not filled after a period of twelve	7671
months unless it is determined that the position is seasonal in	7672
nature or that the vacancy is otherwise justified;	7673

(F) Make investigations concerning all matters touching the	7674
enforcement and effect of this chapter and the administrative	7675
rules of the director of administrative services prescribed under	7676
this chapter. In the course of those investigations, the director	7677
or the director's deputy may administer oaths and affirmations and	7678
take testimony relative to any matter which the director has	7679
authority to investigate.	7680

(G) Have the power to subpoena and require the attendance and	7681
testimony of witnesses and the production of books, papers, public	7682
records, and other documentary evidence pertinent to the	7683
investigations, inquiries, or hearings on any matter which the	7684
director has authority to investigate, inquire into, or hear, and	7685
to examine them in relation to any matter which the director has	7686
authority to investigate, inquire into, or hear. Fees and mileage	7687
shall be allowed to witnesses and, on their certificate, duly	7688
audited, shall be paid by the treasurer of state or, in the case	7689
of municipal or civil service township civil service commissions,	7690
by the county treasurer, for attendance and traveling, as provided	7691
in section 119.094 of the Revised Code. All officers in the civil	7692
service of the state or any of the political subdivisions of the	7693
state and their deputies, clerks, and employees shall attend and	7694
testify when summoned to do so by the director or the state	7695
personnel board of review. Depositions of witnesses may be taken	7696
by the director or the board, or any member of the board, in the	7697
manner prescribed by law for like depositions in civil actions in	7698
the courts of common pleas. In case any person, in disobedience to	7699
any subpoena issued by the director or the board, or any member of	7700
the board, or the chief examiner, fails or refuses to attend and	7701
testify to any matter regarding which the person may be lawfully	7702
interrogated, or produce any documentary evidence pertinent to any	7703
investigation, inquiry, or hearing, the court of common pleas of	7704
any county, or any judge of the court of common pleas of any	7705
county, where the disobedience, failure, or refusal occurs, upon	7706
application of the director or the board, or any member of the	7707
board, or a municipal or civil service township civil service	7708
commission, or any commissioner of such a commission, or their	7709
chief examiner, shall compel obedience by attachment proceedings	7710
for contempt as in the case of disobedience of the requirements of	7711
a subpoena issued from the court or a refusal to testify in the	7712
court.	7713

(H) Make a report to the governor, on or before the first day	7714
of January of each year, showing the director's actions, the rules	7715
and all exceptions to the rules in force, and any recommendations	7716
for the more effectual accomplishment of the purposes of this	7717
chapter. The director shall also furnish any special reports to	7718
the governor whenever the governor requests them. The reports	7719
shall be printed for public distribution under the same	7720
regulations as are the reports of other state officers, boards, or	7721
commissions.	7722

Sec. 124.23. (A) All applicants for positions and places in	7723
the classified service shall be subject to examination, except for	7724
applicants for positions as professional or certified service and	7725
paraprofessional employees of county boards of developmental	7726
disabilities, who shall be hired in the manner provided in section	7727
124.241 of the Revised Code.	7728

(B) Any examination administered under this section shall be	7729
public and be open to all citizens of the United States and those	7730
persons who have legally declared their intentions of becoming	7731
United States citizens. For examinations administered for	7732
positions in the service of the state, the director of	7733
administrative services or the director's designee may determine	7734
certain limitations as to citizenship, age, experience, education,	7735
health, habit, and moral character.	7736

(C) Any person who has completed service in the uniformed	7737
services, who has been honorably discharged from the uniformed	7738
services or transferred to the reserve with evidence of	7739
satisfactory service, and who is a resident of this state and any	7740
member of the national guard or a reserve component of the armed	7741
forces of the United States who has completed more than one	7742
hundred eighty days of active duty service pursuant to an	7743
executive order of the president of the United States or an act of	7744
the congress of the United States may file with the director a	7745
certificate of service or honorable discharge, and, upon this	7746
filing, the person shall receive additional credit of twenty per	7747
cent, or an equivalent weight, of the person's total grade given	7748
in the ~~regular~~ examination in which the person receives a passing	7749
grade, and the person's ranking on an eligible list shall reflect	7750
the passing grade plus the additional credit.	7751

As used in this division, "service in the uniformed services"	7752
and "uniformed services" have the same meanings as in the	7753
"Uniformed Services Employment and Reemployment Rights Act of	7754
1994," 108 Stat. 3149, 38 U.S.C.A. 4303.	7755

(D) An examination may include an evaluation of such factors	7756
as education, training, capacity, knowledge, manual dexterity, and	7757
physical or psychological fitness. An examination shall consist of	7758
one or more tests in any combination. Tests may be written, oral,	7759
physical, demonstration of skill, or an evaluation of training and	7760
experiences and shall be designed to fairly test the relative	7761
capacity of the persons examined to discharge the particular	7762
duties of the position for which appointment is sought. Tests may	7763
include structured interviews, assessment centers, work	7764
simulations, examinations of knowledge, skills, and abilities, and	7765
any other acceptable testing methods. If minimum or maximum	7766
requirements are established for any examination, they shall be	7767
specified in the examination announcement.	7768

(E) Except as otherwise provided in sections 124.01 to 124.64	7769
of the Revised Code, when a position in the classified service of	7770
the state is to be filled, an examination shall be administered.	7771
The director of administrative services shall have control of all	7772
examinations administered for positions in the service of the	7773
state and all other examinations the director administers as	7774
provided in section 124.07 of the Revised Code, except as	7775
otherwise provided in sections 124.01 to 124.64 of the Revised	7776
Code. The director shall, by rule adopted under Chapter 119. of	7777
the Revised Code, prescribe the notification method that is to be	7778
used by an appointing authority to notify the director that a	7779
position in the classified service of the state is to be filled.	7780
In addition to the positions described in section 124.30 of the	7781
Revised Code, the director may, with sufficient justification from	7782
the appointing authority, allow the appointing authority to fill	7783
the position by noncompetitive examination. The director shall	7784
establish, by rule adopted under Chapter 119. of the Revised Code,	7785
standards that the director shall use to determine what serves as	7786
sufficient justification from an appointing authority to fill a	7787
position by noncompetitive examination.	7788

(F) No questions in any examination shall relate to political	7789
or religious opinions or affiliations. No credit for seniority,	7790
efficiency, or any other reason shall be added to an applicant's	7791
examination grade unless the applicant achieves at least the	7792
minimum passing grade on the examination without counting that	7793
extra credit.	7794

(G) Except as otherwise provided in sections 124.01 to 124.64	7795
of the Revised Code, the director of administrative services or	7796
the director's designee shall give reasonable notice of the time,	7797
place, and general scope of every competitive examination for	7798
appointment that the director or the director's designee	7799
administers for positions in the classified service of the state.	7800
The director or the director's designee shall ~~send written,~~	7801
~~printed, or electronic~~post notices via electronic media of every	7802
examination to be conducted for positions in the classified civil	7803
service of the state ~~to each agency of the type the director of~~	7804
~~job and family services specifies and, in the case of a county in~~	7805
~~which no such agency is located, to the clerk of the court of~~	7806
~~common pleas of that county and to the clerk of each city located~~	7807
~~within that county. Those notices shall be posted in conspicuous~~	7808
~~public places in the designated agencies or the courthouse, and~~	7809
~~city hall of the cities, of the counties in which no designated~~	7810
~~agency is located for at least two weeks~~. The electronic notice	7811
shall be posted on the director's internet site on the world wide	7812
web for a minimum of one week preceding any examination involved,	7813
~~and in a conspicuous place in the office of the director of~~	7814
~~administrative services for at least two weeks preceding any~~	7815
~~examination involved. In case of examinations limited by the~~	7816
~~director to a district, county, city, or department, the director~~	7817
~~shall provide by rule for adequate publicity of an examination in~~	7818
~~the district, county, city, or department within which competition~~	7819
~~is permitted~~.	7820

Sec. 124.231. (A) As used in this section, "legally blind	7821
person" means any person who qualifies as being blind under any	7822
Ohio or federal statute, or any rule adopted thereunder. As used	7823
in this section, "legally deaf person" means any person who	7824
qualifies as being deaf under any Ohio or federal statute, or any	7825
rule adopted thereunder.	7826

(B) ~~The~~When an examination is to be administered under	7827
sections 124.01 to 124.64 of the Revised Code, the director of	7828
administrative services or the director's designee shall whenever	7829
practicable arrange for special examinations to be administered to	7830
legally blind or legally deaf persons applying for ~~original~~	7831
~~appointments~~positions in the classified service to ensure that	7832
the abilities of such applicants are properly assessed and that	7833
such applicants are not subject to discrimination because they are	7834
legally blind or legally deaf persons.	7835

~~(C) The director may administer equitable programs for the~~	7836
~~employment of legally blind persons and legally deaf persons in~~	7837
~~the classified service.~~	7838

~~Nothing in this section shall be construed to prohibit the~~	7839
~~appointment of a legally blind or legally deaf person to a~~	7840
~~position in the classified service under the procedures otherwise~~	7841
~~provided in this chapter.~~	7842

Sec. 124.24. (A) Notwithstanding sections 124.01 to 124.64	7843
and Chapter 145. of the Revised Code, the examinations of	7844
applicants for the positions of deputy mine inspector,	7845
superintendent of rescue stations, assistant superintendent of	7846
rescue stations, electrical inspectors, ~~gas storage well~~	7847
~~inspector,~~ and mine chemists in the division of mineral resources	7848
management, department of natural resources, as provided in	7849
Chapters 1561., 1563., 1565., and 1567. of the Revised Code shall	7850
be provided for, conducted, and administered by the chief of the	7851
division of mineral resources management.	7852

From the returns of the examinations the chief shall prepare	7853
eligible lists of the persons whose general average standing upon	7854
examinations for such grade or class is not less than the minimum	7855
fixed by rules adopted under section 1561.05 of the Revised Code	7856
and who are otherwise eligible. All appointments to a position	7857
shall be made from ~~such~~that eligible list in the same manner as	7858
appointments are made from eligible lists prepared by the director	7859
of administrative services. Any person upon being appointed to	7860
fill one of the positions provided for in this ~~section~~division,	7861
from any such eligible list, shall have the same standing, rights,	7862
privileges, and status as other state employees in the classified	7863
service.	7864

(B) Notwithstanding sections 124.01 to 124.64 and Chapter	7865
145. of the Revised Code, the examinations of applicants for the	7866
position of gas storage well inspector in the division of oil and	7867
gas resources management, department of natural resources, as	7868
provided in Chapter 1571. of the Revised Code shall be provided	7869
for, conducted, and administered by the chief of the division of	7870
oil and gas resources management.	7871

From the returns of the examinations, the chief shall prepare	7872
an eligible list of the persons whose general average standing	7873
upon examinations for that position is not less than the minimum	7874
fixed by rules adopted under section 1571.014 of the Revised Code	7875
and who are otherwise eligible. An appointment to the position	7876
shall be made from that eligible list in the same manner as	7877
appointments are made from eligible lists prepared by the director	7878
of administrative services. Any person, upon being appointed to	7879
fill the position provided for in this division from any such	7880
eligible list, shall have the same standing, rights, privileges,	7881
and status as other state employees in the classified service.	7882

Sec. 124.25. The director of administrative services shall	7883
require persons applying for an examination for original	7884
appointment to file with the director or the director's designee,	7885
within reasonable time prior to the examination, a formal	7886
application, in which the applicant shall state the applicant's	7887
name, address, and such other information as may reasonably be	7888
required concerning the applicant's education and experience. No	7889
inquiry shall be made as to religious or political affiliations or	7890
as to racial or ethnic origin of the applicant, except as	7891
necessary to gather equal employment opportunity or other	7892
statistics that, when compiled, will not identify any specific	7893
individual.	7894

Blank forms for applications shall be furnished by the	7895
director or the director's designee without charge to any person	7896
requesting the same. The director or the director's designee may	7897
require in connection with such application such certificate of	7898
persons having knowledge of the applicant as the good of the	7899
service demands. The director or the director's designee may	7900
refuse to appoint or examine an applicant, or, after an	7901
examination, refuse to certify the applicant as eligible, who is	7902
found to lack any of the established preliminary requirements for	7903
the examination, who is addicted to the habitual use of	7904
intoxicating liquors or drugs to excess, who has a pattern of poor	7905
work habits and performance with previous employers, who has been	7906
convicted of a felony, who has been guilty of infamous or	7907
notoriously disgraceful conduct, who has been dismissed from	7908
either branch of the civil service for delinquency or misconduct,	7909
or who has made false statements of any material fact, or	7910
practiced, or attempted to practice, any deception or fraud in the	7911
application or examination, in establishing eligibility, or	7912
securing an appointment.	7913

Sec. 124.26. From the returns of the examinations, the	7914
director of administrative services or the director's designee	7915
shall prepare an eligible list of the persons whose general	7916
average standing upon examinations for the ~~grade or~~ class or	7917
position is not less than the minimum fixed by the rules of the	7918
director, and who are otherwise eligible. Those persons shall take	7919
rank upon the eligible list as candidates in the order of their	7920
relative excellence as determined by the examination without	7921
reference to priority of the time of examination. If two or more	7922
applicants receive the same mark in an open competitive	7923
examination, priority in the time of filing the application with	7924
the director or the director's designee shall determine the order	7925
in which their names shall be placed on the eligible list, except	7926
that applicants eligible for veteran's preference under section	7927
124.23 of the Revised Code shall receive priority in rank on the	7928
eligible list over nonveterans on the list with a rating equal to	7929
that of the veteran. Ties among veterans shall be decided by	7930
priority of filing the application. ~~If two or more applicants~~	7931
~~receive the same mark on a promotional examination, seniority~~	7932
~~shall determine the order in which their names shall be placed on~~	7933
~~the eligible list. The term of eligibility of each list shall be~~	7934
~~fixed by the director at not less than one or more than two years.~~	7935

~~When an eligible list is reduced to ten names or less, a new~~	7936
~~list may be prepared. The director may consolidate two or more~~	7937
~~eligible lists of the same kind by the rearranging of eligibles~~	7938
~~named in the lists, according to their grades~~. An eligible list	7939
expires upon the filling or closing of the position. An expired	7940
eligible list may be used to fill a position of the same	7941
classification within the same appointing authority for which the	7942
list was created. But, in no event shall an expired list be used	7943
more than one year past its expiration date.	7944

Sec. 124.27. (A) ~~The head of a department, office, or~~	7945
~~institution, in which a position in the classified service is to~~	7946
~~be filled, shall notify the director of administrative services of~~	7947
~~the fact, and the director shall, except as otherwise provided in~~	7948
~~this section and sections 124.30 and 124.31 of the Revised Code,~~	7949
~~certify to the appointing authority the names and addresses of the~~	7950
~~ten candidates standing highest on the eligible list for the class~~	7951
~~or grade to which the position belongs, except that the director~~	7952
~~may certify less than ten names if ten names are not available.~~	7953
~~When less than ten names are certified to an appointing authority,~~	7954
~~appointment from that list shall not be mandatory. When a position~~	7955
~~in the classified service in the department of mental health or~~	7956
~~the department of developmental disabilities is to be filled, the~~	7957
~~director of administrative services shall make such certification~~	7958
~~to the appointing authority within seven working days of the date~~	7959
~~the eligible list is requested.~~	7960

~~(B) The appointing authority shall notify the director of a~~	7961
~~position in the classified service to be filled, and the~~	7962
~~appointing authority shall fill the vacant position by appointment~~	7963
~~of one of the ten persons certified by the director. If more than~~	7964
~~one position is to be filled, the director may certify a group of~~	7965
~~names from the eligible list, and the appointing authority shall~~	7966
~~appoint in the following manner: beginning at the top of the list,~~	7967
~~each time a selection is made, it must be from one of the first~~	7968
~~ten candidates remaining on the list who is willing to accept~~	7969
~~consideration for the position. If an eligible list becomes~~	7970
~~exhausted, and until a new list can be created, or when no~~	7971
~~eligible list for a position exists, names may be certified from~~	7972
~~eligible lists most appropriate for the group or class in which~~	7973
~~the position to be filled is classified. A person who is certified~~	7974
~~from an eligible list more than three times to the same appointing~~	7975
~~authority for the same or similar positions may be omitted from~~	7976
~~future certification to that appointing authority, provided that~~	7977
~~certification for a temporary appointment shall not be counted as~~	7978
~~one of those certifications. Every person who qualifies for~~	7979
~~veteran's preference under section 124.23 of the Revised Code, who~~	7980
~~is a resident of this state, and whose name is on the eligible~~	7981
~~list for a position shall be entitled to preference in original~~	7982
~~appointments to any such competitive position in the civil service~~	7983
~~of the state and its civil divisions over all other persons~~	7984
~~eligible for those appointments and standing on the relevant~~	7985
~~eligible list with a rating equal to that of the person qualifying~~	7986
~~for veteran's preference.~~ Appointments to all positions in the	7987
classified service, that are not filled by promotion, transfer, or	7988
reduction, as provided in sections 124.01 to 124.64 of the Revised	7989
Code and the rules of the director prescribed under those	7990
sections, shall be made only from those persons whose names ~~are~~	7991
~~certified to the appointing authority~~take rank order on an	7992
eligible list, and no employment, except as provided in those	7993
sections, shall be otherwise given in the classified service of	7994
this state or any political subdivision of the state. The	7995
appointing authority shall appoint in the following manner: each	7996
time a selection is made, it shall be from one of the names that	7997
ranks in the top twenty-five per cent of the eligible list. But,	7998
in the event that ten or fewer names are on the eligible list, the	7999
appointing authority may select any of the listed candidates.	8000

~~(C)~~(B) All original and promotional appointments, including	8001
appointments made pursuant to section 124.30 of the Revised Code,	8002
but not intermittent appointments, shall be for a probationary	8003
period, not less than sixty days nor more than one year, to be	8004
fixed by the rules of the director, except as provided in section	8005
124.231 of the Revised Code, and except for original appointments	8006
to a police department as a police officer or to a fire department	8007
as a firefighter which shall be for a probationary period of one	8008
year. No appointment or promotion is final until the appointee has	8009
satisfactorily served the probationary period. If the service of	8010
the probationary employee is unsatisfactory, the employee may be	8011
removed or reduced at any time during the probationary period. If	8012
the appointing authority decides to remove a probationary employee	8013
in the service of the state, the appointing authority shall	8014
communicate the removal to the director ~~the reason for that~~	8015
~~decision~~. A probationary employee duly removed or reduced in	8016
position for unsatisfactory service does not have the right to	8017
appeal the removal or reduction under section 124.34 of the	8018
Revised Code.	8019

Sec. 124.31. ~~(A)~~ Vacancies in positions in the classified	8020
service of the state shall be filled insofar as practicable by	8021
promotions. The director of administrative services shall provide	8022
in the director's rules for keeping a record of efficiency for	8023
each employee in the classified civil service of the state, and	8024
for making promotions in the classified civil service of the state	8025
on the basis of merit~~, to be ascertained insofar as practicable by~~	8026
~~promotional examinations,~~and by conduct and capacity in office,	8027
~~and by seniority in service. The director shall provide that~~	8028
~~vacancies in positions in the classified civil service of the~~	8029
~~state shall be filled by promotion in all cases where, in the~~	8030
~~judgment of the director, it is for the best interest of the~~	8031
~~service. The director's rules shall authorize each appointing~~	8032
~~authority of a county to develop and administer in a manner it~~	8033
~~devises, an evaluation system for the employees it appoints.~~	8034

~~(B) All examinations for promotions shall be competitive and~~	8035
~~may be conducted in the same manner as examinations described in~~	8036
~~section 124.23 of the Revised Code. In promotional examinations,~~	8037
~~seniority in service shall be added to the examination grade, but~~	8038
~~no credit for seniority or any other reason shall be added to an~~	8039
~~examination grade unless the applicant achieves at least the~~	8040
~~minimum passing score on the examination without counting that~~	8041
~~extra credit. Credit for seniority shall equal, for the first four~~	8042
~~years of service, one per cent of the total grade attainable in~~	8043
~~the promotion examination, and, for each of the fifth through~~	8044
~~fourteenth years of service, six-tenths per cent of the total~~	8045
~~grade attainable.~~	8046

~~In all cases where vacancies are to be filled by promotion,~~	8047
~~the director shall certify to the appointing authority the names~~	8048
~~of the three persons having the highest rating on the eligible~~	8049
~~list. The method of examination for promotions, the manner of~~	8050
~~giving notice of the examination, and the rules governing it shall~~	8051
~~be in general the same as those provided for original~~	8052
~~examinations, except as otherwise provided in sections 124.01 to~~	8053
~~124.64 of the Revised Code~~.	8054

Sec. 124.34. (A) The tenure of every officer or employee in	8055
the classified service of the state and the counties, civil	8056
service townships, cities, city health districts, general health	8057
districts, and city school districts of the state, holding a	8058
position under this chapter, shall be during good behavior and	8059
efficient service. No officer or employee shall be reduced in pay	8060
or position, fined, suspended, or removed, or have the officer's	8061
or employee's longevity reduced or eliminated, except as provided	8062
in section 124.32 of the Revised Code, and for incompetency,	8063
inefficiency, dishonesty, drunkenness, immoral conduct,	8064
insubordination, discourteous treatment of the public, neglect of	8065
duty, violation of any policy or work rule of the officer's or	8066
employee's appointing authority, violation of this chapter or the	8067
rules of the director of administrative services or the	8068
commission, any other failure of good behavior, any other acts of	8069
misfeasance, malfeasance, or nonfeasance in office, or conviction	8070
of a felony. The denial of a one-time pay supplement or a bonus to	8071
an officer or employee is not a reduction in pay for purposes of	8072
this section.	8073

This section does not apply to any modifications or	8074
reductions in pay or work week authorized by division (Q) of	8075
section 124.181 or section 124.392 or, 124.393, or 124.394 of the	8076
Revised Code.	8077

An appointing authority may require an employee who is	8078
suspended to report to work to serve the suspension. An employee	8079
serving a suspension in this manner shall continue to be	8080
compensated at the employee's regular rate of pay for hours	8081
worked. The disciplinary action shall be recorded in the	8082
employee's personnel file in the same manner as other disciplinary	8083
actions and has the same effect as a suspension without pay for	8084
the purpose of recording disciplinary actions.	8085

A finding by the appropriate ethics commission, based upon a	8086
preponderance of the evidence, that the facts alleged in a	8087
complaint under section 102.06 of the Revised Code constitute a	8088
violation of Chapter 102., section 2921.42, or section 2921.43 of	8089
the Revised Code may constitute grounds for dismissal. Failure to	8090
file a statement or falsely filing a statement required by section	8091
102.02 of the Revised Code may also constitute grounds for	8092
dismissal. The tenure of an employee in the career professional	8093
service of the department of transportation is subject to section	8094
5501.20 of the Revised Code.	8095

Conviction of a felony is a separate basis for reducing in	8096
pay or position, suspending, or removing an officer or employee,	8097
even if the officer or employee has already been reduced in pay or	8098
position, suspended, or removed for the same conduct that is the	8099
basis of the felony. An officer or employee may not appeal to the	8100
state personnel board of review or the commission any disciplinary	8101
action taken by an appointing authority as a result of the	8102
officer's or employee's conviction of a felony. If an officer or	8103
employee removed under this section is reinstated as a result of	8104
an appeal of the removal, any conviction of a felony that occurs	8105
during the pendency of the appeal is a basis for further	8106
disciplinary action under this section upon the officer's or	8107
employee's reinstatement.	8108

A person convicted of a felony immediately forfeits the	8109
person's status as a classified employee in any public employment	8110
on and after the date of the conviction for the felony. If an	8111
officer or employee is removed under this section as a result of	8112
being convicted of a felony or is subsequently convicted of a	8113
felony that involves the same conduct that was the basis for the	8114
removal, the officer or employee is barred from receiving any	8115
compensation after the removal notwithstanding any modification or	8116
disaffirmance of the removal, unless the conviction for the felony	8117
is subsequently reversed or annulled.	8118

Any person removed for conviction of a felony is entitled to	8119
a cash payment for any accrued but unused sick, personal, and	8120
vacation leave as authorized by law. If subsequently reemployed in	8121
the public sector, the person shall qualify for and accrue these	8122
forms of leave in the manner specified by law for a newly	8123
appointed employee and shall not be credited with prior public	8124
service for the purpose of receiving these forms of leave.	8125

As used in this division, "felony" means any of the	8126
following:	8127

(1) A felony that is an offense of violence as defined in	8128
section 2901.01 of the Revised Code;	8129

(2) A felony that is a felony drug abuse offense as defined	8130
in section 2925.01 of the Revised Code;	8131

(3) A felony under the laws of this or any other state or the	8132
United States that is a crime of moral turpitude;	8133

(4) A felony involving dishonesty, fraud, or theft;

8134

(5) A felony that is a violation of section 2921.05, 2921.32,	8135
or 2921.42 of the Revised Code.	8136

(B) In case of a reduction, a suspension of more than forty	8137
work hours in the case of an employee exempt from the payment of	8138
overtime compensation, a suspension of more than twenty-four work	8139
hours in the case of an employee required to be paid overtime	8140
compensation, a fine of more than forty hours' pay in the case of	8141
an employee exempt from the payment of overtime compensation, a	8142
fine of more than twenty-four hours' pay in the case of an	8143
employee required to be paid overtime compensation, or removal,	8144
except for the reduction or removal of a probationary employee,	8145
the appointing authority shall serve the employee with a copy of	8146
the order of reduction, fine, suspension, or removal, which order	8147
shall state the reasons for the action.	8148

Within ten days following the date on which the order is	8149
served or, in the case of an employee in the career professional	8150
service of the department of transportation, within ten days	8151
following the filing of a removal order, the employee, except as	8152
otherwise provided in this section, may file an appeal of the	8153
order in writing with the state personnel board of review or the	8154
commission. For purposes of this section, the date on which an	8155
order is served is the date of hand delivery of the order or the	8156
date of delivery of the order by certified United States mail,	8157
whichever occurs first. If an appeal is filed, the board or	8158
commission shall forthwith notify the appointing authority and	8159
shall hear, or appoint a trial board to hear, the appeal within	8160
thirty days from and after its filing with the board or	8161
commission. The board, commission, or trial board may affirm,	8162
disaffirm, or modify the judgment of the appointing authority.	8163
However, in an appeal of a removal order based upon a violation of	8164
a last chance agreement, the board, commission, or trial board may	8165
only determine if the employee violated the agreement and thus	8166
affirm or disaffirm the judgment of the appointing authority.	8167

In cases of removal or reduction in pay for disciplinary	8168
reasons, either the appointing authority or the officer or	8169
employee may appeal from the decision of the state personnel board	8170
of review or the commission, and any such appeal shall be to the	8171
court of common pleas of the county in which the appointing	8172
authority is located, or to the court of common pleas of Franklin	8173
county, as provided by section 119.12 of the Revised Code.	8174

(C) In the case of the suspension for any period of time, or	8175
a fine, demotion, or removal, of a chief of police, a chief of a	8176
fire department, or any member of the police or fire department of	8177
a city or civil service township, who is in the classified civil	8178
service, the appointing authority shall furnish the chief or	8179
member with a copy of the order of suspension, fine, demotion, or	8180
removal, which order shall state the reasons for the action. The	8181
order shall be filed with the municipal or civil service township	8182
civil service commission. Within ten days following the filing of	8183
the order, the chief or member may file an appeal, in writing,	8184
with the commission. If an appeal is filed, the commission shall	8185
forthwith notify the appointing authority and shall hear, or	8186
appoint a trial board to hear, the appeal within thirty days from	8187
and after its filing with the commission, and it may affirm,	8188
disaffirm, or modify the judgment of the appointing authority. An	8189
appeal on questions of law and fact may be had from the decision	8190
of the commission to the court of common pleas in the county in	8191
which the city or civil service township is situated. The appeal	8192
shall be taken within thirty days from the finding of the	8193
commission.	8194

(D) A violation of division (A)(7) of section 2907.03 of the	8195
Revised Code is grounds for termination of employment of a	8196
nonteaching employee under this section.	8197

(E) As used in this section, "last chance agreement" means an	8198
agreement signed by both an appointing authority and an officer or	8199
employee of the appointing authority that describes the type of	8200
behavior or circumstances that, if it occurs, will automatically	8201
lead to removal of the officer or employee without the right of	8202
appeal to the state personnel board of review or the appropriate	8203
commission.	8204

Sec. 124.393. (A) As used in this section:

8205

(1) "~~County exempt~~Exempt employee" means a permanent	8206
full-time or permanent part-time county, township, or municipal	8207
corporation employee who is not subject to a collective bargaining	8208
agreement between a public employer and an exclusive	8209
representative.	8210

(2) "Fiscal emergency" means any of the following:

8211

(a) A fiscal emergency declared by the governor under section	8212
126.05 of the Revised Code.	8213

(b) A fiscal watch or fiscal emergency has been declared or	8214
determined under section 118.023 or 118.04 of the Revised Code.	8215

(c) Lack of funds as defined in section 124.321 of the	8216
Revised Code.	8217

~~(c)~~(d) Reasons of economy as described in section 124.321 of	8218
the Revised Code.	8219

(B)(1) A county, township, or municipal corporation	8220
appointing authority may establish a mandatory cost savings	8221
program applicable to its ~~county~~ exempt employees. Each ~~county~~	8222
exempt employee shall participate in the program of mandatory cost	8223
savings for not more than eighty hours, as determined by the	8224
appointing authority, in each of state fiscal years 2010 ~~and 2011~~	8225
to 2013. The program may include, but is not limited to, a loss of	8226
pay or loss of holiday pay. The program may be administered	8227
differently among employees based on their classifications,	8228
appointment categories, or other relevant distinctions.	8229

(2) After June 30, ~~2011~~2013, a county, township, or	8230
municipal corporation appointing authority may implement mandatory	8231
cost savings days as described in division (B)(1) of this section	8232
that apply to its ~~county~~ exempt employees in the event of a fiscal	8233
emergency.	8234

(C) A county, township, or municipal corporation appointing	8235
authority shall issue guidelines concerning how the appointing	8236
authority will implement the cost savings program.	8237

Sec. 124.394. (A) As used in this section:

8238

(1) "Exempt employee" means a permanent full-time or	8239
permanent part-time county employee , township, or municipal	8240
corporation who is not subject to a collective bargaining	8241
agreement between a public employer and an exclusive	8242
representative.	8243

(2) "Fiscal emergency" means any of the following:

8244

(a) A fiscal emergency declared by the governor under section	8245
126.05 of the Revised Code.	8246

(b) A fiscal watch or a fiscal emergency declared or	8247
determined by the auditor of state under section 118.023 or 118.04	8248
of the Revised Code.	8249

(c) Lack of funds as defined in section 124.321 of the	8250
Revised Code.	8251

(d) Reasons of economy as described in section 124.321 of the	8252
Revised Code.	8253

(B) A county, township, or municipal corporation appointing	8254
authority may establish a modified work week schedule program	8255
applicable to its exempt employees. Each exempt employee shall	8256
participate in any established modified work week schedule program	8257
in each of state fiscal years 2012 and 2013. The program may	8258
provide for a reduction from the usual number of hours worked	8259
during a week by exempt employees immediately before the	8260
establishment of the program by the appointing authority. The	8261
reduction in hours may include any number of hours so long as the	8262
reduction is not more than fifty per cent of the usual hours	8263
worked by exempt employees immediately before the establishment of	8264
the program. The program may be administered differently among	8265
employees based on classifications, appointment categories, or	8266
other relevant distinctions.	8267

(C) After June 30, 2013, a county, township, or municipal	8268
corporation appointing authority may implement a modified work	8269
week schedule program as described in division (B) of this section	8270
that applies to its exempt employees in the event of a fiscal	8271
emergency.	8272

Sec. 125.021. (A) Except as to the military department, the	8273
general assembly, the capitol square review advisory board the	8274
bureau of workers' compensation, the industrial commission, and	8275
institutions administered by boards of trustees, the department of	8276
administrative services may contract for telephone, other	8277
telecommunication, and computer services for state agencies.	8278
Nothing in this division precludes the bureau or the commission	8279
from contracting with the department to authorize the department	8280
to contract for those services for the bureau or the commission.	8281

(B)(1) As used in this division:

8282

(a) "Active duty" means active duty pursuant to an executive	8283
order of the president of the United States, an act of the	8284
congress of the United States, or section 5919.29 or 5923.21 of	8285
the Revised Code.	8286

(b) "Immediate family" means a person's spouse residing in	8287
the person's household, brothers and sisters of the whole or of	8288
the half blood, children, including adopted children and	8289
stepchildren, parents, and grandparents.	8290

(2) The department of administrative services may enter into	8291
a contract to purchase bulk long distance telephone services and	8292
make them available at cost, or may make bulk long distance	8293
telephone services available at cost under any existing contract	8294
the department has entered into, to members of the immediate	8295
family of persons deployed on active duty so that those family	8296
members can communicate with the persons so deployed. If the	8297
department enters into contracts under division (B)(2) of this	8298
section, it shall do so in accordance with sections 125.01 to	8299
125.11 of the Revised Code and in a nondiscriminatory manner that	8300
does not place any potential vendor at a competitive disadvantage.	8301

(3) If the department decides to exercise either option under	8302
division (B)(2) of this section, it shall adopt, and may amend,	8303
rules under Chapter 119. of the Revised Code to implement that	8304
division.	8305

Sec. 125.024. (A) Except as provided in division (C) of this	8306
section, the department of administrative services shall select a	8307
single person from which to procure all drugs to be provided by	8308
the department of mental health, under section 5119.16 of the	8309
Revised Code, to the persons and government entities described in	8310
that section.	8311

(B) Before making a selection for purposes of division (A) of	8312
this section, the department of administrative services shall	8313
develop a process to be used in issuing a request for proposals,	8314
receiving responses to the request, and evaluating the responses	8315
on a competitive basis. Not later than sixty days after the	8316
effective date of this section, the department of administrative	8317
services shall issue the first request for proposals. Each	8318
subsequent request for proposals shall be issued at least ninety	8319
days but not more than one hundred twenty days before a contract	8320
for drug procurement services terminates.	8321

(C) Division (A) of this section does not apply if the	8322
department of administrative services determines, from a review of	8323
the proposals submitted through the process described in division	8324
(B) of this section, that the cost of procuring all drugs from a	8325
single person does not result in a net savings to the state when	8326
compared to the cost of procuring drugs from multiple persons.	8327

Sec. 125.15. All state agencies required to secure any	8328
equipment, materials, supplies, or services from the department of	8329
administrative services shall make acquisition in the manner and	8330
upon forms prescribed by the director of administrative services	8331
and shall reimburse the department for the equipment, materials,	8332
supplies, or services, including a reasonable sum to cover the	8333
department's administrative costs and costs relating to energy	8334
efficiency and conservation programs, whenever reimbursement is	8335
required by the department. The money so paid shall be deposited	8336
in the state treasury to the credit of the general services fund	8337
or, the information technology fund, or the information technology	8338
governance fund, as appropriate. Those funds are hereby created.	8339

Sec. 125.18. (A) There is hereby established the office of	8340
information technology within the department of administrative	8341
services. The office shall be under the supervision of a state	8342
chief information officer to be appointed by the director of	8343
administrative services and subject to removal at the pleasure of	8344
the director. The chief information officer is an assistant	8345
director of administrative services.	8346

(B) Under the direction of the director of administrative	8347
services, the state chief information officer shall lead, oversee,	8348
and direct state agency activities related to information	8349
technology development and use. In that regard, the state chief	8350
information officer shall do all of the following:	8351

(1) Coordinate and superintend statewide efforts to promote	8352
common use and development of technology by state agencies. The	8353
office of information technology shall establish policies and	8354
standards that govern and direct state agency participation in	8355
statewide programs and initiatives.	8356

(2) Establish policies and standards for the acquisition and	8357
use of common information technology by state agencies, including,	8358
but not limited to, hardware, software, technology services, and	8359
security, and the extension of the service life of information	8360
technology systems, with which state agencies shall comply;	8361

(3) Establish criteria and review processes to identify state	8362
agency information technology projects or purchases that require	8363
alignment or oversight. As appropriate, the department of	8364
administrative services shall provide the governor and the	8365
director of budget and management with notice and advice regarding	8366
the appropriate allocation of resources for those projects. The	8367
state chief information officer may require state agencies to	8368
provide, and may prescribe the form and manner by which they must	8369
provide, information to fulfill the state chief information	8370
officer's alignment and oversight role;	8371

(4) Establish policies and procedures for the security of	8372
personal information that is maintained and destroyed by state	8373
agencies;	8374

(5) Employ a chief information security officer who is	8375
responsible for the implementation of the policies and procedures	8376
described in division (B)(4) of this section and for coordinating	8377
the implementation of those policies and procedures in all of the	8378
state agencies;	8379

(6) Employ a chief privacy officer who is responsible for	8380
advising state agencies when establishing policies and procedures	8381
for the security of personal information and developing education	8382
and training programs regarding the state's security procedures;	8383

(7) Establish policies on the purchasing, use, and	8384
reimbursement for use of handheld computing and telecommunications	8385
devices by state agency employees;	8386

(8) Establish policies for the reduction of printing and the	8387
use of electronic records by state agencies;	8388

(9) Establish policies for the reduction of energy	8389
consumption by state agencies;	8390

(10) Compute the amount of revenue attributable to the	8391
amortization of all equipment purchases and capitalized systems	8392
from information technology service delivery and major information	8393
technology purchases operating appropriation items and major	8394
computer purchases capital appropriation items that is recovered	8395
as part of the information technology services rates the	8396
department of administrative services charges and deposits into	8397
the information technology fund created in section 125.15 of the	8398
Revised Code.	8399

(C)(1) The chief information security officer shall assist	8400
each state agency with the development of an information	8401
technology security strategic plan and review that plan, and each	8402
state agency shall submit that plan to the state chief information	8403
officer. The chief information security officer may require that	8404
each state agency update its information technology security	8405
strategic plan annually as determined by the state chief	8406
information officer.	8407

(2) Prior to the implementation of any information technology	8408
data system, a state agency shall prepare or have prepared a	8409
privacy impact statement for that system.	8410

(D) When a state agency requests a purchase of information	8411
technology supplies or services under Chapter 125. of the Revised	8412
Code, the state chief information officer may review and reject	8413
the requested purchase for noncompliance with information	8414
technology direction, plans, policies, standards, or	8415
project-alignment criteria.	8416

(E) The office of information technology may operate	8417
technology services for state agencies in accordance with this	8418
chapter.	8419

(F) With the approval of the director of administrative	8420
services, the office of information technology may establish	8421
cooperative agreements with federal and local government agencies	8422
and state agencies that are not under the authority of the	8423
governor for the provision of technology services and the	8424
development of technology projects.	8425

(G) The office of information technology may operate a	8426
program to make information technology purchases. The director of	8427
administrative services may recover the cost of operating the	8428
program from all participating government entities by issuing	8429
intrastate transfer voucher billings for the procured technology	8430
or through any pass-through billing method agreed to by the	8431
director of administrative services, the director of budget and	8432
management, and the participating government entities that will	8433
receive the procured technology.	8434

If the director of administrative services chooses to recover	8435
the program costs through intrastate transfer voucher billings,	8436
the participating government entities shall process the intrastate	8437
transfer vouchers to pay for the cost. Amounts received under this	8438
section for the information technology purchase program shall be	8439
deposited to the credit of the information technology governance	8440
fund created in section 125.15 of the Revised Code.	8441

(H) Upon request from the director of administrative	8442
services, the director of budget and management may transfer cash	8443
from the information technology fund created in section 125.15 of	8444
the Revised Code to the major information technology purchases	8445
fund in an amount not to exceed the amount computed under division	8446
(B)(10) of this section. The major information technology	8447
purchases fund is hereby created in the state treasury.	8448

(I) As used in this section:

8449

(1) "Personal information" has the same meaning as in section	8450
149.45 of the Revised Code.	8451

(2) "State agency" means every organized body, office, or	8452
agency established by the laws of the state for the exercise of	8453
any function of state government, other than any state-supported	8454
institution of higher education, the office of the auditor of	8455
state, treasurer of state, secretary of state, or attorney	8456
general, the adjutant general's department, the bureau of workers'	8457
compensation, the industrial commission, the public employees	8458
retirement system, the Ohio police and fire pension fund, the	8459
state teachers retirement system, the school employees retirement	8460
system, the state highway patrol retirement system, the general	8461
assembly or any legislative agency, the capitol square review	8462
advisory board, or the courts or any judicial agency.	8463

Sec. 125.182. The office of information technology, by itself	8464
or by contract with another entity, shall establish, operate, and	8465
maintain a state public notice web site. In establishing,	8466
maintaining, and operating the state public notice web site, the	8467
office of information technology shall:	8468

(A) Use a domain name for the web site that will be easily	8469
recognizable and remembered by and understandable to users of the	8470
web site;	8471

(B) Maintain the web site so that it is fully accessible to	8472
and searchable by members of the public at all times;	8473

(C) Not charge a fee to a person who accesses, searches, or	8474
otherwise uses the web site;	8475

(D) Not charge a fee to a state agency or political	8476
subdivision for publishing a notice on the web site;	8477

(E) Ensure that notices displayed on the web site conform to	8478
the requirements that would apply to the notices if they were	8479
being published in a newspaper, as directed in section 7.16 of the	8480
Revised Code or in the relevant provision of the statute or rule	8481
that requires the notice;	8482

(F) Ensure that notices continue to be displayed on the web	8483
site for not less than the length of time required by the relevant	8484
provision of the statute or rule that requires the notice;	8485

(G) Devise and display on the web site a form that may be	8486
downloaded and used to request publication of a notice on the web	8487
site;	8488

(H) Enable responsible parties to submit notices and requests	8489
for their publication;	8490

(I) Maintain an archive of notices that no longer are	8491
displayed on the web site;	8492

(J) Enable notices, both those currently displayed and those	8493
archived, to be accessed by key word, by party name, by case	8494
number, by county, and by other useful identifiers;	8495

(K) Maintain adequate systemic security and backup features,	8496
and develop and maintain a contingency plan for coping with and	8497
recovering from power outages, systemic failures, and other	8498
unforeseeable difficulties;	8499

(L) Maintain the web site in such a manner that it will not	8500
infringe legally protected interests, so that vulnerability of the	8501
web site to interruption because of litigation or the threat of	8502
litigation is reduced; and	8503

(M) Submit a status report to the secretary of state twice	8504
annually that demonstrates compliance with statutory requirements	8505
governing publication of notices.	8506

The office of information technology shall bear the expense	8507
of maintaining the state public notice web site domain name.	8508

Sec. 125.213. There is hereby created the state employee	8509
child support fund. The fund shall be in the custody of the	8510
treasurer of state, but shall not be part of the state treasury.	8511
The fund shall consist of all money withheld or deducted from	8512
salaries and wages of state officials and employees pursuant to a	8513
withholding or deduction notice described in section 3121.03 of	8514
the Revised Code for forwarding to the office of child support in	8515
the department of job and family services pursuant to section	8516
3121.19 of the Revised Code. All money in the fund, including	8517
investment earnings thereon, shall be used only for the following	8518
purposes:	8519

(A) Forwarding to the office of child support money withheld	8520
or deducted from salaries and wages of state officials and	8521
employees pursuant to a withholding or deduction notice described	8522
in section 3121.03 of the Revised Code;	8523

(B) Paying any direct or indirect costs associated with	8524
maintaining the fund.	8525

Sec. 125.28. (A)(1) Each state agency that is supported in	8526
whole or in part by nongeneral revenue fund money and that	8527
occupies space in the James A. Rhodes or Frank J. Lausche state	8528
office tower, Toledo government center, Senator Oliver R. Ocasek	8529
government office building, Vern Riffe center for government and	8530
the arts, ~~state of Ohio computer center,~~ capitol square, or	8531
governor's mansion shall reimburse the general revenue fund for	8532
the cost of occupying the space in the ratio that the occupied	8533
space in each facility attributable to the nongeneral revenue fund	8534
money bears to the total space occupied by the state agency in the	8535
facility.	8536

(2) All agencies that occupy space in the old blind school or	8537
that occupy warehouse space in the general services facility shall	8538
reimburse the department of administrative services for the cost	8539
of occupying the space. The director of administrative services	8540
shall determine the amount of debt service, if any, to be charged	8541
to building tenants and shall collect reimbursements for it.	8542

(3) Each agency that is supported in whole or in part by	8543
nongeneral revenue fund money and that occupies space in any other	8544
facility or facilities owned and maintained by the department of	8545
administrative services or space in the general services facility	8546
other than warehouse space shall reimburse the department for the	8547
cost of occupying the space, including debt service, if any, in	8548
the ratio that the occupied space in each facility attributable to	8549
the nongeneral revenue fund money bears to the total space	8550
occupied by the state agency in the facility.	8551

(B) The director of administrative services may provide	8552
building maintenance services and skilled trades services to any	8553
state agency occupying space in a facility that is not owned by	8554
the department of administrative services and may collect	8555
reimbursements for the cost of providing those services.	8556

(C) All money collected by the department of administrative	8557
services for operating expenses of facilities owned or maintained	8558
by the department shall be deposited into the state treasury to	8559
the credit of the building management fund, which is hereby	8560
created. All money collected by the department for skilled trades	8561
services shall be deposited into the state treasury to the credit	8562
of the skilled trades fund, which is hereby created. All money	8563
collected for debt service shall be deposited into the general	8564
revenue fund.	8565

(D) The director of administrative services shall determine	8566
the reimbursable cost of space in state-owned or state-leased	8567
facilities and shall collect reimbursements for that cost.	8568

Sec. 125.89. Subject to the approval of the governor, the	8569
department of administrative services may enter into contracts,	8570
compacts, and cooperative agreements for and on behalf of the	8571
state of Ohio with the several states or the federal government,	8572
singularly or severally, in order to provide, with or without	8573
reimbursement, for the utilization by and exchange between them,	8574
singularly or severally, of property, facilities, personnel, and	8575
services of each by the other, and, for the same purpose, to enter	8576
into contracts and cooperative agreements with eligible public or	8577
private state or local authorities, institutions, organizations,	8578
or activities. ~~The department shall make, annually, a report of~~	8579
~~its actions under sections 125.84 to 125.90 of the Revised Code,~~	8580
~~in accordance with section 149.01 of the Revised Code, and file~~	8581
~~such report with the general assembly.~~	8582

Sec. 126.12. (A)(1) The office of budget and management	8583
shall prepare and administer a statewide indirect cost allocation	8584
plan that provides for the recovery of statewide indirect costs	8585
from any fund of the state. The director of budget and management	8586
may make transfers of statewide indirect costs from the	8587
appropriate fund of the state to the general revenue fund on an	8588
intrastate transfer voucher. The director, for reasons of sound	8589
financial management, also may waive the recovery of statewide	8590
indirect costs. Prior to making a transfer in accordance with this	8591
division, the director shall notify the affected agency of the	8592
amounts to be transferred.	8593

(2) To support development and upgrade costs to the state's	8594
enterprise resource planning system, the director also may make	8595
transfers of statewide indirect costs attributable to debt service	8596
paid for the system to the OAKS support organization fund created	8597
in section 126.24 of the Revised Code. Transfers may be made from	8598
either of the following:	8599

(a) The appropriate fund of the state;

8600

(b) The general revenue fund, if the statewide indirect costs	8601
have been collected under division (A)(1) of this section and	8602
deposited in the general revenue fund.	8603

(B) As used in this section, "statewide indirect costs" means	8604
operating costs incurred by an agency in providing services to any	8605
other agency, for which there was no billing to such other agency	8606
for the services provided, and for which disbursements have been	8607
made from the general revenue fund.	8608

(C) Notwithstanding any provision of law to the contrary, in	8609
order to reduce the payment of adjustments to the federal	8610
government as determined under the plan prepared under division	8611
(A)(1) of this section, the director of budget and management	8612
shall, on or before the first day of September each fiscal year,	8613
designate such funds of the state as the director considers	8614
necessary to retain their own interest earnings.	8615

Sec. 126.141. Any request for release of capital	8616
appropriations by the director of budget and management or the	8617
controlling board for facilities projects shall contain a	8618
contingency reserve, the amount of which shall be determined by	8619
the public authority, for payment of unanticipated project	8620
expenses. Any amount deducted from the encumbrance for a	8621
contractor's contract as an assessment for liquidated damages	8622
shall be added to the encumbrance for the contingency reserve.	8623
Contingency reserve funds shall be used to pay costs resulting	8624
from unanticipated job conditions, to comply with rulings	8625
regarding building and other codes, to pay costs related to	8626
errors, omissions, or other deficiencies in contract documents, to	8627
pay costs associated with changes in the scope of work, to pay	8628
interest due on late payments, and to pay the costs of settlements	8629
and judgments related to the project.	8630

Any funds remaining upon completion of a project may, upon	8631
approval of the controlling board, be released for the use of the	8632
agency or instrumentality to which the appropriation was made for	8633
other capital facilities projects.	8634

Sec. 126.21. (A) The director of budget and management shall	8635
do all of the following:	8636

(1) Keep all necessary accounting records;

8637

(2) Prescribe and maintain the accounting system of the state	8638
and establish appropriate accounting procedures and charts of	8639
accounts;	8640

(3) Establish procedures for the use of written, electronic,	8641
optical, or other communications media for approving and reviewing	8642
payment vouchers;	8643

(4) Reconcile, in the case of any variation between the	8644
amount of any appropriation and the aggregate amount of items of	8645
the appropriation, with the advice and assistance of the state	8646
agency affected by it and the legislative service commission,	8647
totals so as to correspond in the aggregate with the total	8648
appropriation. In the case of a conflict between the item and the	8649
total of which it is a part, the item shall be considered the	8650
intended appropriation.	8651

(5) Evaluate on an ongoing basis and, if necessary, recommend	8652
improvements to the internal controls used in state agencies;	8653

(6) Authorize the establishment of petty cash accounts. The	8654
director may withdraw approval for any petty cash account and	8655
require the officer in charge to return to the state treasury any	8656
unexpended balance shown by the officer's accounts to be on hand.	8657
Any officer who is issued a warrant for petty cash shall render a	8658
detailed account of the expenditures of the petty cash and shall	8659
report when requested the balance of petty cash on hand at any	8660
time.	8661

(7) Process orders, invoices, vouchers, claims, and payrolls	8662
and prepare financial reports and statements;	8663

(8) Perform extensions, reviews, and compliance checks prior	8664
to or after approving a payment as the director considers	8665
necessary;	8666

(9) Issue the official comprehensive annual financial report	8667
of the state. The report shall cover all funds of the state	8668
reporting entity and shall include basic financial statements and	8669
required supplementary information prepared in accordance with	8670
generally accepted accounting principles and other information as	8671
the director provides. All state agencies, authorities,	8672
institutions, offices, retirement systems, and other component	8673
units of the state reporting entity as determined by the director	8674
shall furnish the director whatever financial statements and other	8675
information the director requests for the report, in the form, at	8676
the times, covering the periods, and with the attestation the	8677
director prescribes. The information for state institutions of	8678
higher education, as defined in section 3345.011 of the Revised	8679
Code, shall be submitted to the chancellor by the Ohio board of	8680
regents. The board shall establish a due date by which each such	8681
institution shall submit the information to the board, but no such	8682
date shall be later than one hundred twenty days after the end of	8683
the state fiscal year unless a later date is approved by the	8684
director.	8685

(B) In addition to the director's duties under division (A)	8686
of this section, the director may establish and administer one or	8687
more state payment card programs that permit or require state	8688
agencies to use a payment card to purchase equipment, materials,	8689
supplies, or services in accordance with guidelines issued by the	8690
director. The chief administrative officer of a state agency that	8691
uses a payment card for such purposes shall ensure that purchases	8692
made with the card are made in accordance with the guidelines	8693
issued by the director and do not exceed the unexpended,	8694
unencumbered, unobligated balance in the appropriation to be	8695
charged for the purchase. State agencies may participate in only	8696
those state payment card programs that the director establishes	8697
pursuant to this section.	8698

(C) In addition to the director's duties under divisions (A)	8699
and (B) of this section, the director may enter into any contract	8700
or agreement necessary for and incidental to the performance of	8701
the director's duties or the duties of the office of budget and	8702
management.	8703

(D) In consultation with the director of administrative	8704
services, the director may appoint and fix the compensation of	8705
employees of the office of budget and management whose primary	8706
duties include the consolidation of statewide financing functions	8707
and common transactional processes.	8708

(E) The director may transfer cash between funds other than	8709
the general revenue fund in order to correct an erroneous payment	8710
or deposit regardless of the fiscal year during which the	8711
erroneous payment or deposit occurred.	8712

Sec. 126.24. The OAKS support organization fund is hereby	8713
created in the state treasury for the purpose of paying the	8714
operating, development, and upgrade expenses of the state's	8715
enterprise resource planning system. The fund shall consist of	8716
~~cash~~ transfers ~~from the accounting and budgeting fund and the~~	8717
~~human resources services fund, and other~~received pursuant to	8718
division (A)(2) of section 126.12 of the Revised Code and agency	8719
payroll charge revenues that are designated to support the	8720
operating, development, and upgrade costs of the Ohio	8721
administrative knowledge system. All investment earnings of the	8722
fund shall be credited to the fund.	8723

Sec. 126.50. As used in sections ~~126.50, 126.501, 126.502,~~	8724
126.503, 126.504, 126.505, and 126.506~~, and 126.507~~ of the Revised	8725
Code:	8726

~~(A) "Critical services" means a service provided by the state~~	8727
~~the deferral or cancellation of which would cause at least one of~~	8728
~~the following:~~	8729

~~(1) An immediate risk to the health, safety, or welfare of~~	8730
~~the citizens of the state;~~	8731

~~(2) A undermining of activity aimed at creating or retaining~~	8732
~~jobs in the state;~~	8733

~~(3) An interference with the receipt of revenue to the state~~	8734
~~or the realization of savings to the state.~~	8735

~~"Critical services" does not mean a deferral or cancellation~~	8736
~~of a service provided by the state that would result in~~	8737
~~inconvenience, sustainable delay, or other similar compromise to~~	8738
~~the normal provision of state-provided services.~~	8739

~~(B)~~, "~~State~~state agency" has the same meaning as in section	8740
1.60 of the Revised Code, but does not include the elected state	8741
officers, the general assembly or any legislative agency, a court	8742
or any judicial agency, or a state institution of higher	8743
education.	8744

Sec. 126.60. As used in sections 126.60 to 126.605 of the	8745
Revised Code:	8746

(A) "Contract" means any purchase and sale agreement, lease,	8747
service agreement, franchise agreement, concession agreement, or	8748
other written agreement entered into under sections 126.60 to	8749
126.605 of the Revised Code with respect to the provision of	8750
highway services and any project related thereto.	8751

(B) "Highway services" means the operation or maintenance of	8752
any highway in this state, the construction of which was funded by	8753
proceeds from state revenue bonds that are to be repaid primarily	8754
from revenues derived from the operation of the highway and any	8755
related facilities and not primarily from the tax that is subject	8756
to the limitations of Article XII, Section 5a of the Ohio	8757
Constitution.	8758

(C) "Improvement" means any construction, reconstruction,	8759
rehabilitation, renovation, installation, improvement,	8760
enlargement, or extension of property or improvements to property.	8761

(D) "Private sector entity" means any corporation, whether	8762
for profit or not for profit, limited liability company,	8763
partnership, limited liability partnership, sole proprietorship,	8764
business trust, joint venture or other entity, but shall not mean	8765
the state, a political subdivision of the state, or a public or	8766
governmental entity, agency, or instrumentality of the state.	8767

(E) "Project" means real or personal property, or both, and	8768
improvements thereto or in support thereof, including undivided	8769
and other interests therein, used for or in the provision of	8770
highway services.	8771

(F) "Proposer" means a private sector entity, local or	8772
regional public entity or agency, or any group or combination	8773
thereof, in collaboration or cooperation with other private sector	8774
entities, local or regional public entities, submitting	8775
qualifications or a proposal for providing highway services.	8776

Sec. 126.601. Notwithstanding any provision of the Revised	8777
Code to the contrary, the director of budget and management and	8778
the director of transportation may take any action and execute any	8779
contract for the provision of highway services in order to more	8780
efficiently and effectively provide those services, including by	8781
generating additional resources in support of those services and	8782
related projects. Any such contract may contain the terms and	8783
conditions established by the director of budget and management	8784
and the department of transportation to carry out and effect the	8785
purposes of sections 126.60 to 126.605 of the Revised Code. The	8786
director is hereby authorized to receive and deposit, consistent	8787
with section 126.603 of the Revised Code, any money received under	8788
the contract. Any such contract shall be sufficient to effect its	8789
purpose notwithstanding any provision of the Revised Code to the	8790
contrary, including other laws governing the sale, lease or other	8791
disposition of property or interests therein, service contracts,	8792
or financial transactions by or for the state. The director of	8793
transportation may exercise all powers of the Ohio turnpike	8794
commission for purposes of sections 126.60 to 126.605 of the	8795
Revised Code, and may take any action and, with the director of	8796
budget and management, execute any contract necessary to effect	8797
the purposes of sections 126.60 to 126.605 of the Revised Code,	8798
notwithstanding any provision of Chapter 5537. of the Revised Code	8799
to the contrary.	8800

Sec. 126.602. (A) Before entering into a contract for the	8801
provision of highway services, the director of budget and	8802
management shall publish notice of its intent to enter into a	8803
contract for the highway services and any related project. The	8804
notice shall notify interested parties of the opportunity to	8805
submit their qualifications or proposals, or both, for	8806
consideration and shall be published at least thirty days prior to	8807
the deadline for submitting those qualifications or proposals. The	8808
director also may advertise the information contained in the	8809
notice in appropriate trade journals and otherwise notify parties	8810
believed to be interested in providing the highway services and in	8811
any related project. The notice shall include a general	8812
description of the highway services to be provided and any related	8813
project and of the qualifications or proposals being sought and	8814
instructions for obtaining the invitation.	8815

(B) After inviting qualifications, the director of budget and	8816
management, in consultation with the department of transportation,	8817
shall evaluate the qualifications submitted and may hold	8818
discussions with proposers to further explore their	8819
qualifications. Following this evaluation, the director, in	8820
consultation with the department, may determine a list of	8821
qualified proposers based on criteria in the invitation and invite	8822
only those proposers to submit a proposal for the provision of the	8823
highway services and any related project.	8824

(C) After inviting proposals, the director of budget and	8825
management, in consultation with the department of transportation,	8826
shall evaluate the proposals submitted and may hold discussions	8827
with proposers to further explore their proposals, the scope and	8828
nature of the highway services they would provide, and the various	8829
technical approaches they may take regarding the highway services	8830
and any related project. Following this evaluation, the director,	8831
in consultation with the department, shall:	8832

(1) Select and rank no fewer than three proposers that the	8833
director considers to be the most qualified to enter into the	8834
contract, except when the director determines that fewer than	8835
three qualified proposers are available, in which case the	8836
director shall select and rank them;	8837

(2) Negotiate a contract with the proposer ranked most	8838
qualified to provide the highway services at a compensation	8839
determined in writing to be fair and reasonable, and to purchase,	8840
lease or otherwise take a legal interest in the project.	8841

(D)(1) Upon failure to negotiate a contract with the proposer	8842
ranked most qualified, the director shall inform the proposer in	8843
writing of the termination of negotiations and may enter into	8844
negotiations with the proposer ranked next most qualified. If	8845
negotiations again fail, the same procedure may be followed with	8846
each next most qualified proposer selected and ranked, in order of	8847
ranking, until a contract is negotiated.	8848

(2) If the director, in consultation with the department,	8849
fails to negotiate a contract with any of the ranked proposers,	8850
the director, in consultation with the department, may terminate	8851
the process or select and rank additional proposers, based on	8852
their qualifications or proposals, and negotiations shall continue	8853
as with the proposers selected and ranked initially until a	8854
contract is negotiated.	8855

(E) Any contract entered into under this section may contain	8856
terms, as deemed appropriate by the director, in consultation with	8857
the department, including the duration of the contract, which	8858
shall not exceed seventy-five years, rates or fees for the highway	8859
services to be provided or methods or procedures for the	8860
determination of such rates or fees, standards for the highway	8861
services to be provided, responsibilities and standards for	8862
operation and maintenance of any related project, required	8863
financial assurances, financial and other data reporting	8864
requirements, bases and procedures for termination of the contract	8865
and retaking of possession or title to the project, and events of	8866
default and remedies upon default, including mandamus, a suit in	8867
equity, an action at law, or any combination of those remedial	8868
actions.	8869

(F) Chapter 4115. of the Revised Code shall not apply to any	8870
project. Chapter 4117. of the Revised Code shall not apply to any	8871
employees working at or on a project to provide highway services.	8872

(G) The director of budget and management may reject any and	8873
all submissions of qualifications or proposals.	8874

Sec. 126.603. (A) In addition to its powers under sections	8875
127.14 and 127.16 of the Revised Code, the controlling board shall	8876
approve any invitation for qualifications or for proposals and	8877
related contract negotiated under sections 126.60 to 126.605 of	8878
the Revised Code, which approval may be by pre-approval of	8879
specified terms of the contract. The controlling board may approve	8880
any transfer of moneys and funds necessary to support the highway	8881
services.	8882

(B) All money received by the director of budget and	8883
management under a contract executed pursuant to sections 126.60	8884
to 126.605 of the Revised Code shall be deposited into the state	8885
treasury to the credit of the highway services fund, which is	8886
hereby created. Any interest earned on money in the fund shall be	8887
credited to the fund.	8888

Sec. 126.604. The exercise of the powers granted by sections	8889
126.60 to 126.605 of the Revised Code will be for the benefit of	8890
the people of the state and shall be liberally construed to effect	8891
the purposes thereof. Any project or part thereof owned by the	8892
state and used for performing any highway services pursuant to a	8893
contract entered into under sections 126.60 to 126.605 of the	8894
Revised Code that would be exempt from real property taxes or	8895
assessments in the absence of such contract shall remain exempt	8896
from real property taxes and assessments levied by the state and	8897
its subdivisions to the same extent as if not subject to that	8898
contract. The gross receipts and income of a successful proposer	8899
derived from providing highway services under a contract through a	8900
project owned by the state shall be exempt from gross receipts and	8901
income taxes levied by the state and its subdivisions, including	8902
the tax levied pursuant to Chapter 5751. of the Revised Code. Any	8903
transfer or lease between a successful proposer and the state of a	8904
project or part thereof, or item included or to be included in the	8905
project, shall be exempt from the taxes levied pursuant to	8906
Chapters 5739. and 5741. of the Revised Code if the state is	8907
retaining ownership of the project or part thereof that is being	8908
transferred or leased.	8909

Sec. 126.605. The director of budget and management, in	8910
consultation with the department of transportation, may retain or	8911
contract for the services of commercial appraisers, engineers,	8912
investment bankers, financial advisers, accounting experts, and	8913
other consultants, independent contractors or providers of	8914
professional services as are necessary in the judgment of the	8915
director to carry out the director's powers and duties under	8916
sections 126.60 to 126.605 of the Revised Code, including the	8917
identification of highway services and any related projects to be	8918
subject to invitations for qualifications or proposals under	8919
sections 126.60 to 126.605 of the Revised Code, the development of	8920
those invitations and related evaluation criteria, the evaluation	8921
of those invitations, and negotiation of any contract under	8922
sections 126.60 to 126.605 of the Revised Code.	8923

Sec. 127.16. (A) Upon the request of either a state agency	8924
or the director of budget and management and after the controlling	8925
board determines that an emergency or a sufficient economic reason	8926
exists, the controlling board may approve the making of a purchase	8927
without competitive selection as provided in division (B) of this	8928
section.	8929

(B) Except as otherwise provided in this section, no state	8930
agency, using money that has been appropriated to it directly,	8931
shall:	8932

(1) Make any purchase from a particular supplier, that would	8933
amount to fifty thousand dollars or more when combined with both	8934
the amount of all disbursements to the supplier during the fiscal	8935
year for purchases made by the agency and the amount of all	8936
outstanding encumbrances for purchases made by the agency from the	8937
supplier, unless the purchase is made by competitive selection or	8938
with the approval of the controlling board;	8939

(2) Lease real estate from a particular supplier, if the	8940
lease would amount to seventy-five thousand dollars or more when	8941
combined with both the amount of all disbursements to the supplier	8942
during the fiscal year for real estate leases made by the agency	8943
and the amount of all outstanding encumbrances for real estate	8944
leases made by the agency from the supplier, unless the lease is	8945
made by competitive selection or with the approval of the	8946
controlling board.	8947

(C) Any person who authorizes a purchase in violation of	8948
division (B) of this section shall be liable to the state for any	8949
state funds spent on the purchase, and the attorney general shall	8950
collect the amount from the person.	8951

(D) Nothing in division (B) of this section shall be	8952
construed as:	8953

(1) A limitation upon the authority of the director of	8954
transportation as granted in sections 5501.17, 5517.02, and	8955
5525.14 of the Revised Code;	8956

(2) Applying to medicaid provider agreements under Chapter	8957
5111. of the Revised Code;	8958

(3) Applying to the purchase of examinations from a sole	8959
supplier by a state licensing board under Title XLVII of the	8960
Revised Code;	8961

(4) Applying to entertainment contracts for the Ohio state	8962
fair entered into by the Ohio expositions commission, provided	8963
that the controlling board has given its approval to the	8964
commission to enter into such contracts and has approved a total	8965
budget amount for such contracts as agreed upon by commission	8966
action, and that the commission causes to be kept itemized records	8967
of the amounts of money spent under each contract and annually	8968
files those records with the clerk of the house of representatives	8969
and the clerk of the senate following the close of the fair;	8970

(5) Limiting the authority of the chief of the division of	8971
mineral resources management to contract for reclamation work with	8972
an operator mining adjacent land as provided in section 1513.27 of	8973
the Revised Code;	8974

(6) Applying to investment transactions and procedures of any	8975
state agency, except that the agency shall file with the board the	8976
name of any person with whom the agency contracts to make, broker,	8977
service, or otherwise manage its investments, as well as the	8978
commission, rate, or schedule of charges of such person with	8979
respect to any investment transactions to be undertaken on behalf	8980
of the agency. The filing shall be in a form and at such times as	8981
the board considers appropriate.	8982

(7) Applying to purchases made with money for the per cent	8983
for arts program established by section 3379.10 of the Revised	8984
Code;	8985

(8) Applying to purchases made by the rehabilitation services	8986
commission of services, or supplies, that are provided to persons	8987
with disabilities, or to purchases made by the commission in	8988
connection with the eligibility determinations it makes for	8989
applicants of programs administered by the social security	8990
administration;	8991

(9) Applying to payments by the department of job and family	8992
services under section 5111.13 of the Revised Code for group	8993
health plan premiums, deductibles, coinsurance, and other	8994
cost-sharing expenses;	8995

(10) Applying to any agency of the legislative branch of the	8996
state government;	8997

(11) Applying to agreements or contracts entered into under	8998
section 5101.11, 5101.20, 5101.201, 5101.21, or 5101.214 of the	8999
Revised Code;	9000

(12) Applying to purchases of services by the adult parole	9001
authority under section 2967.14 of the Revised Code or by the	9002
department of youth services under section 5139.08 of the Revised	9003
Code;	9004

(13) Applying to dues or fees paid for membership in an	9005
organization or association;	9006

(14) Applying to purchases of utility services pursuant to	9007
section 9.30 of the Revised Code;	9008

(15) Applying to purchases made in accordance with rules	9009
adopted by the department of administrative services of motor	9010
vehicle, aviation, or watercraft fuel, or emergency repairs of	9011
such vehicles;	9012

(16) Applying to purchases of tickets for passenger air	9013
transportation;	9014

(17) Applying to purchases necessary to provide public	9015
notifications required by law or to provide notifications of job	9016
openings;	9017

(18) Applying to the judicial branch of state government;

9018

(19) Applying to purchases of liquor for resale by the	9019
division of liquor control;	9020

(20) Applying to purchases of motor courier and freight	9021
services made in accordance with department of administrative	9022
services rules;	9023

(21) Applying to purchases from the United States postal	9024
service and purchases of stamps and postal meter replenishment	9025
from vendors at rates established by the United States postal	9026
service;	9027

(22) Applying to purchases of books, periodicals, pamphlets,	9028
newspapers, maintenance subscriptions, and other published	9029
materials;	9030

(23) Applying to purchases from other state agencies,	9031
including state-assisted institutions of higher education;	9032

(24) Limiting the authority of the director of environmental	9033
protection to enter into contracts under division (D) of section	9034
3745.14 of the Revised Code to conduct compliance reviews, as	9035
defined in division (A) of that section;	9036

(25) Applying to purchases from a qualified nonprofit agency	9037
pursuant to sections 125.60 to 125.6012 or 4115.31 to 4115.35 of	9038
the Revised Code;	9039

(26) Applying to payments by the department of job and family	9040
services to the United States department of health and human	9041
services for printing and mailing notices pertaining to the tax	9042
refund offset program of the internal revenue service of the	9043
United States department of the treasury;	9044

(27) Applying to contracts entered into by the department of	9045
developmental disabilities under section 5123.18 of the Revised	9046
Code;	9047

(28) Applying to payments made by the department of mental	9048
health under a physician recruitment program authorized by section	9049
5119.101 of the Revised Code;	9050

(29) Applying to contracts entered into with persons by the	9051
director of commerce for unclaimed funds collection and remittance	9052
efforts as provided in division (F) of section 169.03 of the	9053
Revised Code. The director shall keep an itemized accounting of	9054
unclaimed funds collected by those persons and amounts paid to	9055
them for their services.	9056

(30) Applying to purchases made by a state institution of	9057
higher education in accordance with the terms of a contract	9058
between the vendor and an inter-university purchasing group	9059
comprised of purchasing officers of state institutions of higher	9060
education;	9061

(31) Applying to the department of job and family services'	9062
purchases of health assistance services under the children's	9063
health insurance program part I provided for under section 5101.50	9064
of the Revised Code, the children's health insurance program part	9065
II provided for under section 5101.51 of the Revised Code, or the	9066
children's health insurance program part III provided for under	9067
section 5101.52 of the Revised Code~~, or the children's buy-in~~	9068
~~program provided for under sections 5101.5211 to 5101.5216 of the~~	9069
~~Revised Code~~;	9070

(32) Applying to payments by the attorney general from the	9071
reparations fund to hospitals and other emergency medical	9072
facilities for performing medical examinations to collect physical	9073
evidence pursuant to section 2907.28 of the Revised Code;	9074

(33) Applying to contracts with a contracting authority or	9075
administrative receiver under division (B) of section 5126.056 of	9076
the Revised Code;	9077

(34) Applying to purchases of goods and services by the	9078
department of veterans services in accordance with the terms of	9079
contracts entered into by the United States department of veterans	9080
affairs;	9081

(35) Applying to payments by the superintendent of the bureau	9082
of criminal identification and investigation to the federal bureau	9083
of investigation for criminal records checks pursuant to section	9084
109.572 of the Revised Code.	9085

(E) When determining whether a state agency has reached the	9086
cumulative purchase thresholds established in divisions (B)(1) and	9087
(2) of this section, all of the following purchases by such agency	9088
shall not be considered:	9089

(1) Purchases made through competitive selection or with	9090
controlling board approval;	9091

(2) Purchases listed in division (D) of this section;

9092

(3) For the purposes of the threshold of division (B)(1) of	9093
this section only, leases of real estate.	9094

(F) As used in this section, "competitive selection,"	9095
"purchase," "supplies," and "services" have the same meanings as	9096
in section 125.01 of the Revised Code.	9097

Sec. 131.23. The various political subdivisions of this	9098
state may issue bonds, and any indebtedness created by that	9099
issuance shall not be subject to the limitations or included in	9100
the calculation of indebtedness prescribed by sections 133.05,	9101
133.06, 133.07, and 133.09 of the Revised Code, but the bonds may	9102
be issued only under the following conditions:	9103

(A) The subdivision desiring to issue the bonds shall obtain	9104
from the county auditor a certificate showing the total amount of	9105
delinquent taxes due and unpayable to the subdivision at the last	9106
semiannual tax settlement.	9107

(B) The fiscal officer of that subdivision shall prepare a	9108
statement, from the books of the subdivision, verified by the	9109
fiscal officer under oath, which shall contain the following facts	9110
of the subdivision:	9111

(1) The total bonded indebtedness;

9112

(2) The aggregate amount of notes payable or outstanding	9113
accounts of the subdivision, incurred prior to the commencement of	9114
the current fiscal year, which shall include all evidences of	9115
indebtedness issued by the subdivision except notes issued in	9116
anticipation of bond issues and the indebtedness of any	9117
nontax-supported public utility;	9118

(3) Except in the case of school districts, the aggregate	9119
current year's requirement for disability financial assistance	9120
provided under Chapter 5115. of the Revised Code that the	9121
subdivision is unable to finance except by the issue of bonds;	9122

(4) The indebtedness outstanding through the issuance of any	9123
bonds or notes pledged or obligated to be paid by any delinquent	9124
taxes;	9125

(5) The total of any other indebtedness;

9126

(6) The net amount of delinquent taxes unpledged to pay any	9127
bonds, notes, or certificates, including delinquent assessments on	9128
improvements on which the bonds have been paid;	9129

(7) The budget requirements for the fiscal year for bond and	9130
note retirement;	9131

(8) The estimated revenue for the fiscal year.

9132

(C) The certificate and statement provided for in divisions	9133
(A) and (B) of this section shall be forwarded to the tax	9134
commissioner together with a request for authority to issue bonds	9135
of the subdivision in an amount not to exceed seventy per cent of	9136
the net unobligated delinquent taxes and assessments due and owing	9137
to the subdivision, as set forth in division (B)(6) of this	9138
section.	9139

(D) No subdivision may issue bonds under this section in	9140
excess of a sufficient amount to pay the indebtedness of the	9141
subdivision as shown by division (B)(2) of this section and,	9142
except in the case of school districts, to provide funds for	9143
disability financial assistance as shown by division (B)(3) of	9144
this section.	9145

(E) The tax commissioner shall grant to the subdivision	9146
authority requested by the subdivision as restricted by divisions	9147
(C) and (D) of this section and shall make a record of the	9148
certificate, statement, and grant in a record book devoted solely	9149
to such recording and which shall be open to inspection by the	9150
public.	9151

(F) The commissioner shall immediately upon issuing the	9152
authority provided in division (E) of this section notify the	9153
proper authority having charge of the retirement of bonds of the	9154
subdivision by forwarding a copy of the grant of authority and of	9155
the statement provided for in division (B) of this section.	9156

(G) Upon receipt of authority, the subdivision shall proceed	9157
according to law to issue the amount of bonds authorized by the	9158
commissioner, and authorized by the taxing authority, provided the	9159
taxing authority of that subdivision may submit, by resolution, to	9160
the electors of that subdivision the question of issuing the	9161
bonds. The resolution shall make the declarations and statements	9162
required by section 133.18 of the Revised Code. The county auditor	9163
and taxing authority shall thereupon proceed as set forth in	9164
divisions (C) and (D) of that section. The election on the	9165
question of issuing the bonds shall be held under divisions (E),	9166
(F), and (G) of that section, except that publication of the	9167
notice of the election shall be made on two separate days prior to	9168
the election in ~~one or more newspapers~~a newspaper of general	9169
circulation in the subdivision~~, and, if~~or as provided in section	9170
7.16 of the Revised Code. If the board of elections operates and	9171
maintains a web site, notice of the election also shall be posted	9172
on that web site for thirty days prior to the election. The bonds	9173
may be exchanged at their face value with creditors of the	9174
subdivision in liquidating the indebtedness described and	9175
enumerated in division (B)(2) of this section or may be sold as	9176
provided in Chapter 133. of the Revised Code, and in either event	9177
shall be uncontestable.	9178

(H) The per cent of delinquent taxes and assessments	9179
collected for and to the credit of the subdivision after the	9180
exchange or sale of bonds as certified by the commissioner shall	9181
be paid to the authority having charge of the sinking fund of the	9182
subdivision, which money shall be placed in a separate fund for	9183
the purpose of retiring the bonds so issued. The proper authority	9184
of the subdivisions shall provide for the levying of a tax	9185
sufficient in amount to pay the debt charges on all such bonds	9186
issued under this section.	9187

(I) This section is for the sole purpose of assisting the	9188
various subdivisions in paying their unsecured indebtedness, and	9189
providing funds for disability financial assistance. The bonds	9190
issued under authority of this section shall not be used for any	9191
other purpose, and any exchange for other purposes, or the use of	9192
the money derived from the sale of the bonds by the subdivision	9193
for any other purpose, is misapplication of funds.	9194

(J) The bonds authorized by this section shall be redeemable	9195
or payable in not to exceed ten years from date of issue and shall	9196
not be subject to or considered in calculating the net	9197
indebtedness of the subdivision. The budget commission of the	9198
county in which the subdivision is located shall annually allocate	9199
such portion of the then delinquent levy due the subdivision which	9200
is unpledged for other purposes to the payment of debt charges on	9201
the bonds issued under authority of this section.	9202

(K) The issue of bonds under this section shall be governed	9203
by Chapter 133. of the Revised Code, respecting the terms used,	9204
forms, manner of sale, and redemption except as otherwise provided	9205
in this section.	9206

The board of county commissioners of any county may issue	9207
bonds authorized by this section and distribute the proceeds of	9208
the bond issues to any or all of the cities and townships of the	9209
county, according to their relative needs for disability financial	9210
assistance as determined by the county.	9211

All sections of the Revised Code inconsistent with or	9212
prohibiting the exercise of the authority conferred by this	9213
section are inoperative respecting bonds issued under this	9214
section.	9215

Sec. 131.44. (A) As used in this section:

9216

(1) "Surplus revenue" means the excess, if any, of the total	9217
fund balance over the required year-end balance.	9218

(2) "Total fund balance" means the sum of the unencumbered	9219
balance in the general revenue fund on the last day of the	9220
preceding fiscal year plus the balance in the budget stabilization	9221
fund.	9222

(3) "Required year-end balance" means the sum of the	9223
following:	9224

(a) Five per cent of the general revenue fund revenues for	9225
the preceding fiscal year;	9226

(b) "Ending fund balance," which means one-half of one per	9227
cent of general revenue fund revenues for the preceding fiscal	9228
year;	9229

(c) "Carryover balance," which means, with respect to a	9230
fiscal biennium, the excess, if any, of the estimated general	9231
revenue fund appropriation and transfer requirement for the second	9232
fiscal year of the biennium over the estimated general revenue	9233
fund revenue for that fiscal year;	9234

(d) "Capital appropriation reserve," which means the amount,	9235
if any, of general revenue fund capital appropriations made for	9236
the current biennium that the director of budget and management	9237
has determined will be encumbered or disbursed;	9238

(e) "Income tax reduction impact reserve," which means an	9239
amount equal to the reduction projected by the director of budget	9240
and management in income tax revenue in the current fiscal year	9241
attributable to the previous reduction in the income tax rate made	9242
by the tax commissioner pursuant to division (B) of section	9243
5747.02 of the Revised Code.	9244

(4) "Estimated general revenue fund appropriation and	9245
transfer requirement" means the most recent adjusted	9246
appropriations made by the general assembly from the general	9247
revenue fund and includes both of the following:	9248

(a) Appropriations made and transfers of appropriations from	9249
the first fiscal year to the second fiscal year of the biennium in	9250
provisions of acts of the general assembly signed by the governor	9251
but not yet effective;	9252

(b) Transfers of ~~appropriation~~appropriations from the first	9253
fiscal year to the second fiscal year of the biennium approved by	9254
the controlling board.	9255

(5) "Estimated general revenue fund revenue" means the most	9256
recent such estimate available to the director of budget and	9257
management.	9258

(B)(1) Not later than the thirty-first day of July each year,	9259
the director of budget and management shall determine the surplus	9260
revenue that existed on the preceding thirtieth day of June and	9261
transfer from the general revenue fund, to the extent of the	9262
unobligated, unencumbered balance on the preceding thirtieth day	9263
of June in excess of one-half of one per cent of the general	9264
revenue fund revenues in the preceding fiscal year, the following:	9265

(a) First, to the budget stabilization fund, any amount	9266
necessary for the balance of the budget stabilization fund to	9267
equal five per cent of the general revenue fund revenues of the	9268
preceding fiscal year;	9269

(b) Then, to the income tax reduction fund, which is hereby	9270
created in the state treasury, an amount equal to the surplus	9271
revenue.	9272

(2) Not later than the thirty-first day of July each year,	9273
the director shall determine the percentage that the balance in	9274
the income tax reduction fund is of the amount of revenue that the	9275
director estimates will be received from the tax levied under	9276
section 5747.02 of the Revised Code in the current fiscal year	9277
without regard to any reduction under division (B) of that	9278
section. If that percentage exceeds thirty-five one hundredths of	9279
one per cent, the director shall certify the percentage to the tax	9280
commissioner not later than the thirty-first day of July.	9281

(C) The director of budget and management shall transfer	9282
money in the income tax reduction fund to the general revenue	9283
fund, the local government fund, and the public library fund as	9284
necessary to offset revenue reductions resulting from the	9285
reductions in taxes required under division (B) of section 5747.02	9286
of the Revised Code in the respective amounts and percentages	9287
prescribed by division (A) of section 5747.03 and divisions ~~(A)~~(B)	9288
and ~~(B)~~(C) of section 131.51 of the Revised Code as if the amount	9289
transferred had been collected as taxes under Chapter 5747. of the	9290
Revised Code. If no reductions in taxes are made under that	9291
division that affect revenue received in the current fiscal year,	9292
the director shall not transfer money from the income tax	9293
reduction fund to the general revenue fund, the local government	9294
fund, and the public library fund.	9295

Sec. 131.51. (A) ~~Beginning January 2008, on~~On or before	9296
July 5, 2013, the tax commissioner shall compute the following	9297
amounts and certify those amounts to the director of budget and	9298
management:	9299

(1) A percentage calculated by multiplying one hundred by the	9300
quotient obtained by dividing the total amount credited to the	9301
local government fund in fiscal year 2013 by the total amount of	9302
tax revenue credited to the general revenue fund in fiscal year	9303
2013. The percentage shall be rounded to the nearest one-hundredth	9304
of one per cent.	9305

(2) A percentage calculated by multiplying one hundred by the	9306
quotient obtained by dividing the total amount credited to the	9307
public library fund in fiscal year 2013 by the total amount of tax	9308
revenue credited to the general revenue fund in fiscal year 2013.	9309
The percentage shall be rounded to the nearest one-hundredth of	9310
one per cent.	9311

(B) On or before the ~~fifth~~seventh day of each month, the	9312
director of budget and management shall credit to the local	9313
government fund ~~three and sixty-eight one hundredths per cent of~~	9314
an amount equal to the product obtained by multiplying the	9315
percentage calculated under division (A)(1) of this section by the	9316
total tax revenue credited to the general revenue fund during the	9317
preceding month. ~~In determining the total tax revenue credited to~~	9318
~~the general revenue fund during the preceding month, the director~~	9319
~~shall include amounts transferred from that fund during the~~	9320
~~preceding month pursuant to divisions (A) and (B) of this section.~~	9321
Money shall be distributed from the local government fund as	9322
required under section 5747.50 of the Revised Code during the same	9323
month in which it is credited to the fund.	9324

~~(B) Beginning January 2008, on~~(C) On or before the ~~fifth~~	9325
seventh day of each month, the director of budget and management	9326
shall credit to the public library fund~~, two and twenty-two one~~	9327
~~hundredths per cent of~~an amount equal to the product obtained by	9328
multiplying the percentage calculated under division (A)(2) of	9329
this section by the total tax revenue credited to the general	9330
revenue fund during the preceding month. ~~In determining the total~~	9331
~~tax revenue credited to the general revenue fund during the~~	9332
~~preceding month, the director shall include amounts transferred~~	9333
~~from that fund during the preceding month pursuant to divisions~~	9334
~~(A) and (B) of this section.~~ Money shall be distributed from the	9335
public library fund as required under section 5747.47 of the	9336
Revised Code during the same month in which it is credited to the	9337
fund.	9338

~~(C)~~(D) The director of budget and management shall develop a	9339
schedule identifying the specific tax revenue sources to be used	9340
to make the monthly transfers required under divisions ~~(A)~~(B) and	9341
~~(B)~~(C) of this section. The director may, from time to time,	9342
revise the schedule as the director considers necessary.	9343

Sec. 133.06. (A) A school district shall not incur, without	9344
a vote of the electors, net indebtedness that exceeds an amount	9345
equal to one-tenth of one per cent of its tax valuation, except as	9346
provided in divisions (G) and (H) of this section and in division	9347
(C) of section 3313.372 of the Revised Code, or as prescribed in	9348
section 3318.052 or 3318.44 of the Revised Code, or as provided in	9349
division (J) of this section.	9350

(B) Except as provided in divisions (E), (F), and (I) of this	9351
section, a school district shall not incur net indebtedness that	9352
exceeds an amount equal to nine per cent of its tax valuation.	9353

(C) A school district shall not submit to a vote of the	9354
electors the question of the issuance of securities in an amount	9355
that will make the district's net indebtedness after the issuance	9356
of the securities exceed an amount equal to four per cent of its	9357
tax valuation, unless the superintendent of public instruction,	9358
acting under policies adopted by the state board of education, and	9359
the tax commissioner, acting under written policies of the	9360
commissioner, consent to the submission. A request for the	9361
consents shall be made at least one hundred twenty days prior to	9362
the election at which the question is to be submitted.	9363

The superintendent of public instruction shall certify to the	9364
district the superintendent's and the tax commissioner's decisions	9365
within thirty days after receipt of the request for consents.	9366

If the electors do not approve the issuance of securities at	9367
the election for which the superintendent of public instruction	9368
and tax commissioner consented to the submission of the question,	9369
the school district may submit the same question to the electors	9370
on the date that the next special election may be held under	9371
section 3501.01 of the Revised Code without submitting a new	9372
request for consent. If the school district seeks to submit the	9373
same question at any other subsequent election, the district shall	9374
first submit a new request for consent in accordance with this	9375
division.	9376

(D) In calculating the net indebtedness of a school district,	9377
none of the following shall be considered:	9378

(1) Securities issued to acquire school buses and other	9379
equipment used in transporting pupils or issued pursuant to	9380
division (D) of section 133.10 of the Revised Code;	9381

(2) Securities issued under division (F) of this section,	9382
under section 133.301 of the Revised Code, and, to the extent in	9383
excess of the limitation stated in division (B) of this section,	9384
under division (E) of this section;	9385

(3) Indebtedness resulting from the dissolution of a joint	9386
vocational school district under section 3311.217 of the Revised	9387
Code, evidenced by outstanding securities of that joint vocational	9388
school district;	9389

(4) Loans, evidenced by any securities, received under	9390
sections 3313.483, 3317.0210, 3317.0211, and 3317.64 of the	9391
Revised Code;	9392

(5) Debt incurred under section 3313.374 of the Revised Code;

9393

(6) Debt incurred pursuant to division (B)(5) of section	9394
3313.37 of the Revised Code to acquire computers and related	9395
hardware;	9396

(7) Debt incurred under section 3318.042 of the Revised Code.

9397

(E) A school district may become a special needs district as	9398
to certain securities as provided in division (E) of this section.	9399

(1) A board of education, by resolution, may declare its	9400
school district to be a special needs district by determining both	9401
of the following:	9402

(a) The student population is not being adequately serviced	9403
by the existing permanent improvements of the district.	9404

(b) The district cannot obtain sufficient funds by the	9405
issuance of securities within the limitation of division (B) of	9406
this section to provide additional or improved needed permanent	9407
improvements in time to meet the needs.	9408

(2) The board of education shall certify a copy of that	9409
resolution to the superintendent of public instruction with a	9410
statistical report showing all of the following:	9411

(a) A history of and a projection of the growth of the	9412
student population;	9413

(b) The history of and a projection of the growth of the tax	9414
valuation;	9415

9416

(d) The estimated cost of permanent improvements proposed to	9417
meet such projected needs.	9418

(3) The superintendent of public instruction shall certify	9419
the district as an approved special needs district if the	9420
superintendent finds both of the following:	9421

(a) The district does not have available sufficient	9422
additional funds from state or federal sources to meet the	9423
projected needs.	9424

(b) The projection of the potential average growth of tax	9425
valuation during the next five years, according to the information	9426
certified to the superintendent and any other information the	9427
superintendent obtains, indicates a likelihood of potential	9428
average growth of tax valuation of the district during the next	9429
five years of an average of not less than three per cent per year.	9430
The findings and certification of the superintendent shall be	9431
conclusive.	9432

(4) An approved special needs district may incur net	9433
indebtedness by the issuance of securities in accordance with the	9434
provisions of this chapter in an amount that does not exceed an	9435
amount equal to the greater of the following:	9436

(a) Nine per cent of the sum of its tax valuation plus an	9437
amount that is the product of multiplying that tax valuation by	9438
the percentage by which the tax valuation has increased over the	9439
tax valuation on the first day of the sixtieth month preceding the	9440
month in which its board determines to submit to the electors the	9441
question of issuing the proposed securities;	9442

(b) Nine per cent of the sum of its tax valuation plus an	9443
amount that is the product of multiplying that tax valuation by	9444
the percentage, determined by the superintendent of public	9445
instruction, by which that tax valuation is projected to increase	9446
during the next ten years.	9447

(F) A school district may issue securities for emergency	9448
purposes, in a principal amount that does not exceed an amount	9449
equal to three per cent of its tax valuation, as provided in this	9450
division.	9451

(1) A board of education, by resolution, may declare an	9452
emergency if it determines both of the following:	9453

(a) School buildings or other necessary school facilities in	9454
the district have been wholly or partially destroyed, or condemned	9455
by a constituted public authority, or that such buildings or	9456
facilities are partially constructed, or so constructed or planned	9457
as to require additions and improvements to them before the	9458
buildings or facilities are usable for their intended purpose, or	9459
that corrections to permanent improvements are necessary to remove	9460
or prevent health or safety hazards.	9461

(b) Existing fiscal and net indebtedness limitations make	9462
adequate replacement, additions, or improvements impossible.	9463

(2) Upon the declaration of an emergency, the board of	9464
education may, by resolution, submit to the electors of the	9465
district pursuant to section 133.18 of the Revised Code the	9466
question of issuing securities for the purpose of paying the cost,	9467
in excess of any insurance or condemnation proceeds received by	9468
the district, of permanent improvements to respond to the	9469
emergency need.	9470

(3) The procedures for the election shall be as provided in	9471
section 133.18 of the Revised Code, except that:	9472

(a) The form of the ballot shall describe the emergency	9473
existing, refer to this division as the authority under which the	9474
emergency is declared, and state that the amount of the proposed	9475
securities exceeds the limitations prescribed by division (B) of	9476
this section;	9477

(b) The resolution required by division (B) of section 133.18	9478
of the Revised Code shall be certified to the county auditor and	9479
the board of elections at least one hundred days prior to the	9480
election;	9481

(c) The county auditor shall advise and, not later than	9482
ninety-five days before the election, confirm that advice by	9483
certification to, the board of education of the information	9484
required by division (C) of section 133.18 of the Revised Code;	9485

(d) The board of education shall then certify its resolution	9486
and the information required by division (D) of section 133.18 of	9487
the Revised Code to the board of elections not less than ninety	9488
days prior to the election.	9489

(4) Notwithstanding division (B) of section 133.21 of the	9490
Revised Code, the first principal payment of securities issued	9491
under this division may be set at any date not later than sixty	9492
months after the earliest possible principal payment otherwise	9493
provided for in that division.	9494

(G) The board of education may contract with an architect,	9495
professional engineer, or other person experienced in the design	9496
and implementation of energy conservation measures for an analysis	9497
and recommendations pertaining to installations, modifications of	9498
installations, or remodeling that would significantly reduce	9499
energy consumption in buildings owned by the district. The report	9500
shall include estimates of all costs of such installations,	9501
modifications, or remodeling, including costs of design,	9502
engineering, installation, maintenance, repairs, and debt service,	9503
forgone residual value of materials or equipment replaced by the	9504
energy conservation measure, as defined by the Ohio school	9505
facilities commission, a baseline analysis of actual energy	9506
consumption data for the preceding five years, and estimates of	9507
the amounts by which energy consumption and resultant operational	9508
and maintenance costs, as defined by the ~~Ohio school facilities~~	9509
commission, would be reduced.	9510

If the board finds after receiving the report that the amount	9511
of money the district would spend on such installations,	9512
modifications, or remodeling is not likely to exceed the amount of	9513
money it would save in energy and resultant operational and	9514
maintenance costs over the ensuing fifteen years, the board may	9515
submit to the commission a copy of its findings and a request for	9516
approval to incur indebtedness to finance the making or	9517
modification of installations or the remodeling of buildings for	9518
the purpose of significantly reducing energy consumption.	9519

If the commission determines that the board's findings are	9520
reasonable, it shall approve the board's request. Upon receipt of	9521
the commission's approval, the district may issue securities	9522
without a vote of the electors in a principal amount not to exceed	9523
nine-tenths of one per cent of its tax valuation for the purpose	9524
of making such installations, modifications, or remodeling, but	9525
the total net indebtedness of the district without a vote of the	9526
electors incurred under this and all other sections of the Revised	9527
Code, except section 3318.052 of the Revised Code, shall not	9528
exceed one per cent of the district's tax valuation.	9529

So long as any securities issued under division (G) of this	9530
section remain outstanding, the board of education shall monitor	9531
the energy consumption and resultant operational and maintenance	9532
costs of buildings in which installations or modifications have	9533
been made or remodeling has been done pursuant to division (G) of	9534
this section and shall maintain and annually update a report	9535
documenting the reductions in energy consumption and resultant	9536
operational and maintenance cost savings attributable to such	9537
installations, modifications, or remodeling. The report shall be	9538
certified by an architect or engineer independent of any person	9539
that provided goods or services to the board in connection with	9540
the energy conservation measures that are the subject of the	9541
report. The resultant operational and maintenance cost savings	9542
shall be certified by the school district treasurer. The report	9543
shall be ~~made available~~submitted annually to the commission ~~upon~~	9544
~~request~~.	9545

(H) With the consent of the superintendent of public	9546
instruction, a school district may incur without a vote of the	9547
electors net indebtedness that exceeds the amounts stated in	9548
divisions (A) and (G) of this section for the purpose of paying	9549
costs of permanent improvements, if and to the extent that both of	9550
the following conditions are satisfied:	9551

(1) The fiscal officer of the school district estimates that	9552
receipts of the school district from payments made under or	9553
pursuant to agreements entered into pursuant to section 725.02,	9554
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62,	9555
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised	9556
Code, or distributions under division (C) of section 5709.43 of	9557
the Revised Code, or any combination thereof, are, after	9558
accounting for any appropriate coverage requirements, sufficient	9559
in time and amount, and are committed by the proceedings, to pay	9560
the debt charges on the securities issued to evidence that	9561
indebtedness and payable from those receipts, and the taxing	9562
authority of the district confirms the fiscal officer's estimate,	9563
which confirmation is approved by the superintendent of public	9564
instruction;	9565

(2) The fiscal officer of the school district certifies, and	9566
the taxing authority of the district confirms, that the district,	9567
at the time of the certification and confirmation, reasonably	9568
expects to have sufficient revenue available for the purpose of	9569
operating such permanent improvements for their intended purpose	9570
upon acquisition or completion thereof, and the superintendent of	9571
public instruction approves the taxing authority's confirmation.	9572

The maximum maturity of securities issued under division (H)	9573
of this section shall be the lesser of twenty years or the maximum	9574
maturity calculated under section 133.20 of the Revised Code.	9575

(I) A school district may incur net indebtedness by the	9576
issuance of securities in accordance with the provisions of this	9577
chapter in excess of the limit specified in division (B) or (C) of	9578
this section when necessary to raise the school district portion	9579
of the basic project cost and any additional funds necessary to	9580
participate in a project under Chapter 3318. of the Revised Code,	9581
including the cost of items designated by the Ohio school	9582
facilities commission as required locally funded initiatives and	9583
the cost for site acquisition. The school facilities commission	9584
shall notify the superintendent of public instruction whenever a	9585
school district will exceed either limit pursuant to this	9586
division.	9587

(J) A school district whose portion of the basic project cost	9588
of its classroom facilities project under sections 3318.01 to	9589
3318.20 of the Revised Code is greater than or equal to one	9590
hundred million dollars may incur without a vote of the electors	9591
net indebtedness in an amount up to two per cent of its tax	9592
valuation through the issuance of general obligation securities in	9593
order to generate all or part of the amount of its portion of the	9594
basic project cost if the controlling board has approved the	9595
school facilities commission's conditional approval of the project	9596
under section 3318.04 of the Revised Code. The school district	9597
board and the Ohio school facilities commission shall include the	9598
dedication of the proceeds of such securities in the agreement	9599
entered into under section 3318.08 of the Revised Code. No state	9600
moneys shall be released for a project to which this section	9601
applies until the proceeds of any bonds issued under this section	9602
that are dedicated for the payment of the school district portion	9603
of the project are first deposited into the school district's	9604
project construction fund.	9605

Sec. 133.18. (A) The taxing authority of a subdivision may	9606
by legislation submit to the electors of the subdivision the	9607
question of issuing any general obligation bonds, for one purpose,	9608
that the subdivision has power or authority to issue.	9609

(B) When the taxing authority of a subdivision desires or is	9610
required by law to submit the question of a bond issue to the	9611
electors, it shall pass legislation that does all of the	9612
following:	9613

(1) Declares the necessity and purpose of the bond issue;

9614

(2) States the date of the authorized election at which the	9615
question shall be submitted to the electors;	9616

(3) States the amount, approximate date, estimated net	9617
average rate of interest, and maximum number of years over which	9618
the principal of the bonds may be paid;	9619

(4) Declares the necessity of levying a tax outside the tax	9620
limitation to pay the debt charges on the bonds and any	9621
anticipatory securities.	9622

The estimated net average interest rate shall be determined	9623
by the taxing authority based on, among other factors, then	9624
existing market conditions, and may reflect adjustments for any	9625
anticipated direct payments expected to be received by the taxing	9626
authority from the government of the United States relating to the	9627
bonds and the effect of any federal tax credits anticipated to be	9628
available to owners of all or a portion of the bonds. The	9629
estimated net average rate of interest, and any statutory or	9630
charter limit on interest rates that may then be in effect and	9631
that is subsequently amended, shall not be a limitation on the	9632
actual interest rate or rates on the securities when issued.	9633

(C)(1) The taxing authority shall certify a copy of the	9634
legislation passed under division (B) of this section to the	9635
county auditor. The county auditor shall promptly calculate and	9636
advise and, not later than seventy-five days before the election,	9637
confirm that advice by certification to, the taxing authority the	9638
estimated average annual property tax levy, expressed in cents or	9639
dollars and cents for each one hundred dollars of tax valuation	9640
and in mills for each one dollar of tax valuation, that the county	9641
auditor estimates to be required throughout the stated maturity of	9642
the bonds to pay the debt charges on the bonds. In calculating the	9643
estimated average annual property tax levy for this purpose, the	9644
county auditor shall assume that the bonds are issued in one	9645
series bearing interest and maturing in substantially equal	9646
principal amounts in each year over the maximum number of years	9647
over which the principal of the bonds may be paid as stated in	9648
that legislation, and that the amount of the tax valuation of the	9649
subdivision for the current year remains the same throughout the	9650
maturity of the bonds, except as otherwise provided in division	9651
(C)(2) of this section. If the tax valuation for the current year	9652
is not determined, the county auditor shall base the calculation	9653
on the estimated amount of the tax valuation submitted by the	9654
county auditor to the county budget commission. If the subdivision	9655
is located in more than one county, the county auditor shall	9656
obtain the assistance of the county auditors of the other	9657
counties, and those county auditors shall provide assistance, in	9658
establishing the tax valuation of the subdivision for purposes of	9659
certifying the estimated average annual property tax levy.	9660

(2) When considering the tangible personal property component	9661
of the tax valuation of the subdivision, the county auditor shall	9662
take into account the assessment percentages prescribed in section	9663
5711.22 of the Revised Code. The tax commissioner may issue rules,	9664
orders, or instructions directing how the assessment percentages	9665
must be utilized.	9666

(D) After receiving the county auditor's advice under	9667
division (C) of this section, the taxing authority by legislation	9668
may determine to proceed with submitting the question of the issue	9669
of securities, and shall, not later than the seventy-fifth day	9670
before the day of the election, file the following with the board	9671
of elections:	9672

(1) Copies of the legislation provided for in divisions (B)	9673
and (D) of this section;	9674

(2) The amount of the estimated average annual property tax	9675
levy, expressed in cents or dollars and cents for each one hundred	9676
dollars of tax valuation and in mills for each one dollar of tax	9677
valuation, as estimated and certified to the taxing authority by	9678
the county auditor.	9679

(E)(1) The board of elections shall prepare the ballots and	9680
make other necessary arrangements for the submission of the	9681
question to the electors of the subdivision. If the subdivision is	9682
located in more than one county, the board shall inform the boards	9683
of elections of the other counties of the filings with it, and	9684
those other boards shall if appropriate make the other necessary	9685
arrangements for the election in their counties. The election	9686
shall be conducted, canvassed, and certified in the manner	9687
provided in Title XXXV of the Revised Code.	9688

(2) The election shall be held at the regular places for	9689
voting in the subdivision. If the electors of only a part of a	9690
precinct are qualified to vote at the election the board of	9691
elections may assign the electors in that part to an adjoining	9692
precinct, including an adjoining precinct in another county if the	9693
board of elections of the other county consents to and approves	9694
the assignment. Each elector so assigned shall be notified of that	9695
fact prior to the election by notice mailed by the board of	9696
elections, in such manner as it determines, prior to the election.	9697

(3) The board of elections shall publish a notice of the	9698
election,once in ~~one or more newspapers~~a newspaper of general	9699
circulation in the subdivision, ~~at least once~~ no later than ten	9700
days prior to the election. The notice shall state all of the	9701
following:	9702

(a) The principal amount of the proposed bond issue;

9703

(b) The stated purpose for which the bonds are to be issued;

9704

(c) The maximum number of years over which the principal of	9705
the bonds may be paid;	9706

(d) The estimated additional average annual property tax	9707
levy, expressed in cents or dollars and cents for each one hundred	9708
dollars of tax valuation and in mills for each one dollar of tax	9709
valuation, to be levied outside the tax limitation, as estimated	9710
and certified to the taxing authority by the county auditor;	9711

(e) The first calendar year in which the tax is expected to	9712
be due.	9713

(F)(1) The form of the ballot to be used at the election	9714
shall be substantially either of the following, as applicable:	9715

(a) "Shall bonds be issued by the ............ (name of	9716
subdivision) for the purpose of ........... (purpose of the bond	9717
issue) in the principal amount of .......... (principal amount of	9718
the bond issue), to be repaid annually over a maximum period of	9719
.......... (the maximum number of years over which the principal	9720
of the bonds may be paid) years, and an annual levy of property	9721
taxes be made outside the .......... (as applicable, "ten-mill" or	9722
"...charter tax") limitation, estimated by the county auditor to	9723
average over the repayment period of the bond issue ..........	9724
(number of mills) mills for each one dollar of tax valuation,	9725
which amounts to .......... (rate expressed in cents or dollars	9726
and cents, such as "36 cents" or "$1.41") for each one hundred	9727
dollars of tax valuation, commencing in .......... (first year the	9728
tax will be levied), first due in calendar year .......... (first	9729
calendar year in which the tax shall be due), to pay the annual	9730
debt charges on the bonds, and to pay debt charges on any notes	9731
issued in anticipation of those bonds?	9732

9733

		For the bond issue			9734
		Against the bond issue	"		9735

9736

(b) In the case of an election held pursuant to legislation	9737
adopted under section 3375.43 or 3375.431 of the Revised Code:	9738

"Shall bonds be issued for .......... (name of library) for	9739
the purpose of .......... (purpose of the bond issue), in the	9740
principal amount of .......... (amount of the bond issue) by	9741
.......... (the name of the subdivision that is to issue the bonds	9742
and levy the tax) as the issuer of the bonds, to be repaid	9743
annually over a maximum period of .......... (the maximum number	9744
of years over which the principal of the bonds may be paid) years,	9745
and an annual levy of property taxes be made outside the ten-mill	9746
limitation, estimated by the county auditor to average over the	9747
repayment period of the bond issue .......... (number of mills)	9748
mills for each one dollar of tax valuation, which amounts to	9749
.......... (rate expressed in cents or dollars and cents, such as	9750
"36 cents" or "$1.41") for each one hundred dollars of tax	9751
valuation, commencing in .......... (first year the tax will be	9752
levied), first due in calendar year .......... (first calendar	9753
year in which the tax shall be due), to pay the annual debt	9754
charges on the bonds, and to pay debt charges on any notes issued	9755
in anticipation of those bonds?	9756

9757

		For the bond issue			9758
		Against the bond issue	"		9759

9760

(2) The purpose for which the bonds are to be issued shall be	9761
printed in the space indicated, in boldface type.	9762

(G) The board of elections shall promptly certify the results	9763
of the election to the tax commissioner, the county auditor of	9764
each county in which any part of the subdivision is located, and	9765
the fiscal officer of the subdivision. The election, including the	9766
proceedings for and result of the election, is incontestable other	9767
than in a contest filed under section 3515.09 of the Revised Code	9768
in which the plaintiff prevails.	9769

(H) If a majority of the electors voting upon the question	9770
vote for it, the taxing authority of the subdivision may proceed	9771
under sections 133.21 to 133.33 of the Revised Code with the	9772
issuance of the securities and with the levy and collection of a	9773
property tax outside the tax limitation during the period the	9774
securities are outstanding sufficient in amount to pay the debt	9775
charges on the securities, including debt charges on any	9776
anticipatory securities required to be paid from that tax. If	9777
legislation passed under section 133.22 or 133.23 of the Revised	9778
Code authorizing those securities is filed with the county auditor	9779
on or before the last day of November, the amount of the voted	9780
property tax levy required to pay debt charges or estimated debt	9781
charges on the securities payable in the following year shall if	9782
requested by the taxing authority be included in the taxes levied	9783
for collection in the following year under section 319.30 of the	9784
Revised Code.	9785

(I)(1) If, before any securities authorized at an election	9786
under this section are issued, the net indebtedness of the	9787
subdivision exceeds that applicable to that subdivision or those	9788
securities, then and so long as that is the case none of the	9789
securities may be issued.	9790

(2) No securities authorized at an election under this	9791
section may be initially issued after the first day of the sixth	9792
January following the election, but this period of limitation	9793
shall not run for any time during which any part of the permanent	9794
improvement for which the securities have been authorized, or the	9795
issuing or validity of any part of the securities issued or to be	9796
issued, or the related proceedings, is involved or questioned	9797
before a court or a commission or other tribunal, administrative	9798
agency, or board.	9799

(3) Securities representing a portion of the amount	9800
authorized at an election that are issued within the applicable	9801
limitation on net indebtedness are valid and in no manner affected	9802
by the fact that the balance of the securities authorized cannot	9803
be issued by reason of the net indebtedness limitation or lapse of	9804
time.	9805

(4) Nothing in this division (I) shall be interpreted or	9806
applied to prevent the issuance of securities in an amount to fund	9807
or refund anticipatory securities lawfully issued.	9808

(5) The limitations of divisions (I)(1) and (2) of this	9809
section do not apply to any securities authorized at an election	9810
under this section if at least ten per cent of the principal	9811
amount of the securities, including anticipatory securities,	9812
authorized has theretofore been issued, or if the securities are	9813
to be issued for the purpose of participating in any federally or	9814
state-assisted program.	9815

(6) The certificate of the fiscal officer of the subdivision	9816
is conclusive proof of the facts referred to in this division.	9817

Sec. 133.20. (A) This section applies to bonds that are	9818
general obligation Chapter 133. securities. If the bonds are	9819
payable as to principal by provision for annual installments, the	9820
period of limitations on their last maturity, referred to as their	9821
maximum maturity, shall be measured from a date twelve months	9822
prior to the first date on which provision for payment of	9823
principal is made. If the bonds are payable as to principal by	9824
provision for semiannual installments, the period of limitations	9825
on their last maturity shall be measured from a date six months	9826
prior to the first date on which provision for payment of	9827
principal is made.	9828

(B) Bonds issued for the following permanent improvements or	9829
for permanent improvements for the following purposes shall have	9830
maximum maturities not exceeding the number of years stated:	9831

(1) Fifty years:

9832

(a) The clearance and preparation of real property for	9833
redevelopment as an urban redevelopment project;	9834

(b) Acquiring, constructing, widening, relocating, enlarging,	9835
extending, and improving a publicly owned railroad or line of	9836
railway or a light or heavy rail rapid transit system, including	9837
related bridges, overpasses, underpasses, and tunnels, but not	9838
including rolling stock or equipment;	9839

(c) Pursuant to section 307.675 of the Revised Code,	9840
constructing or repairing a bridge using long life expectancy	9841
material for the bridge deck, and purchasing, installing, and	9842
maintaining any performance equipment to monitor the physical	9843
condition of a bridge so constructed or repaired. Additionally,	9844
the average maturity of the bonds shall not exceed the expected	9845
useful life of the bridge deck as determined by the county	9846
engineer under that section.	9847

(2) Forty years:

9848

(a) General waterworks or water system permanent	9849
improvements, including buildings, water mains, or other	9850
structures and facilities in connection therewith;	9851

(b) Sewers or sewage treatment or disposal works or	9852
facilities, including fireproof buildings or other structures in	9853
connection therewith;	9854

(c) Storm water drainage, surface water, and flood prevention	9855
facilities.	9856

(3) Thirty-five years:

9857

(a) An arena, a convention center, or a combination of an	9858
arena and convention center under section 307.695 of the Revised	9859
Code;	9860

(b) Sports facilities.

9861

(4) Thirty years:

9862

(a) Municipal recreation, excluding recreational equipment;

9863

(b) Urban redevelopment projects;

9864

(c) Acquisition of real property, except as provided in	9865
division (F) of this section;	9866

(d) Street or alley lighting purposes or relocating overhead	9867
wires, cables, and appurtenant equipment underground.	9868

(5) Twenty years: constructing, reconstructing, widening,	9869
opening, improving, grading, draining, paving, extending, or	9870
changing the line of roads, highways, expressways, freeways,	9871
streets, sidewalks, alleys, or curbs and gutters, and related	9872
bridges, viaducts, overpasses, underpasses, grade crossing	9873
eliminations, service and access highways, and tunnels.	9874

(6) Fifteen years:

9875

(a) Resurfacing roads, highways, streets, or alleys;

9876

(b) Alarm, telegraph, or other communications systems for	9877
police or fire departments or other emergency services;	9878

9879

(d) Energy conservation measures as authorized by section	9880
133.06 of the Revised Code.	9881

(7) Ten years:

9882

(a) Water meters;

9883

(b) Fire department apparatus and equipment;

9884

(c) Road rollers and other road construction and servicing	9885
vehicles;	9886

(d) Furniture, equipment, and furnishings;

9887

(e) Landscape planting and other site improvements;

9888

(f) Playground, athletic, and recreational equipment and	9889
apparatus;	9890

(g) Energy conservation measures as authorized by section	9891
505.264 of the Revised Code.	9892

(8) Five years: New motor vehicles other than those described	9893
in any other division of this section and those for which	9894
provision is made in other provisions of the Revised Code.	9895

(C) Bonds issued for any permanent improvements not within	9896
the categories set forth in division (B) of this section shall	9897
have maximum maturities of from five to thirty years as the fiscal	9898
officer estimates is the estimated life or period of usefulness of	9899
those permanent improvements. Bonds issued under section 133.51 of	9900
the Revised Code for purposes other than permanent improvements	9901
shall have the maturities, not to exceed forty years, that the	9902
taxing authority shall specify. Bonds issued for energy	9903
conservation measures under section 307.041 of the Revised Code	9904
shall have maximum maturities not exceeding the lesser of the	9905
average life of the energy conservation measures as detailed in	9906
the energy conservation report prepared under that section or	9907
thirty years.	9908

(D) Securities issued under section 505.265 of the Revised	9909
Code shall mature not later than December 31, 2035.	9910

(E) A securities issue for one purpose may include permanent	9911
improvements within two or more categories under divisions (B) and	9912
(C) of this section. The maximum maturity of such a bond issue	9913
shall not exceed the average number of years of life or period of	9914
usefulness of the permanent improvements as measured by the	9915
weighted average of the amounts expended or proposed to be	9916
expended for the categories of permanent improvements.	9917

(F) Securities issued by a school district or county to	9918
acquire or construct real property shall have a maximum maturity	9919
longer than thirty years, but not longer than forty years, if the	9920
~~school district's~~ fiscal officer of the school district or county	9921
estimates the real property's useful life to be longer than thirty	9922
years, and certifies that estimate to the board of education or	9923
board of county commissioners, respectively.	9924

Sec. 133.55. Before adopting any reassessment provided for	9925
in section 133.54 of the Revised Code, the fiscal officer shall	9926
prepare and file for public inspection a list containing the names	9927
of the owners, a tax duplicate description of each parcel of land	9928
on which the reassessment will be levied, and the total amount to	9929
be reassessed, separately stated as to each parcel, and the taxing	9930
authority shall publish notice for two consecutive weeks in a	9931
newspaper of general circulation in the political subdivision, or	9932
as provided in section 7.16 of the Revised Code, that such	9933
reassessment has been prepared by the fiscal officer and that it	9934
is on file in ~~his~~the fiscal officer's office for the inspection	9935
and examination of the persons interested therein. Sections	9936
727.13, 727.15, and 727.16 of the Revised Code do not apply to any	9937
such assessments, but any person may file objections in writing	9938
with the fiscal officer within one week after the expiration of	9939
such notice and the taxing authority shall hear and determine any	9940
such objections at its next meeting. Such objections shall be	9941
limited solely to matters of description of parcels and owners and	9942
of computations of amounts, and no matters concluded by any	9943
proceedings on the original assessments shall form the basis for	9944
any such objections. When the reassessment list is confirmed by	9945
the taxing authority, it shall be complete and final and shall be	9946
recorded in the office of the fiscal officer.	9947

Sec. 135.05. Each governing board shall, at least three	9948
weeks prior to the date when it is required by section 135.12 of	9949
the Revised Code to designate public depositories, by resolution,	9950
estimate the aggregate maximum amount of public moneys subject to	9951
its control to be awarded and be on deposit as inactive deposits.	9952
The state board of deposit shall cause a copy of such resolution,	9953
together with a notice of the date on which the meeting of the	9954
board for the designation of such depositories will be held and	9955
the period for which such inactive deposits will be awarded, to be	9956
published once a week for two consecutive weeks in two newspapers	9957
of general circulation in each of the three most populous	9958
counties. The governing board of each subdivision shall cause a	9959
copy of such resolution, together with a notice of the date on	9960
which the meeting of the board for the designation of such	9961
depositories will be held and the period for which such inactive	9962
deposits will be awarded, to be published once a week for two	9963
consecutive weeks in ~~two newspapers~~a newspaper of ~~opposite~~	9964
~~politics and of~~ general circulation in the county or as provided	9965
in section 7.16 of the Revised Code. If a subdivision is located	9966
in more than one county, such publication shall be made in	9967
~~newspapers published~~a newspaper of general circulation in the	9968
county in which the major part of such subdivision is located, and	9969
of general circulation in the subdivision. A written notice	9970
stating the aggregate maximum amount to be awarded as inactive	9971
deposits of the subdivision shall be given to each eligible	9972
depository by the governing board at the time the first	9973
publication is made in the ~~newspapers~~newspaper.	9974

All deposits of the public moneys of the state or any	9975
subdivision made during the period covered by the designation in	9976
excess of the aggregate amount so estimated shall be active	9977
deposits or interim deposits. Inactive, interim, and active	9978
deposits shall be separately awarded, made, and administered as	9979
provided by sections 135.01 to 135.21~~, inclusive,~~ of the Revised	9980
Code.	9981

Sec. 135.61. As used in sections 135.61 to 135.67 of the	9982
Revised Code:	9983

(A) "Eligible small business" means any person, including,	9984
but not limited to a person engaged in agriculture, that has all	9985
of the following characteristics:	9986

(1) Is headquartered in this state;

9987

(2) Maintains offices and operating facilities exclusively in	9988
this state and transacts business in this state;	9989

(3) Employs fewer than one hundred fifty employees, the	9990
majority of whom are residents of this state;	9991

(4) Is organized for profit.

9992

(B) "Eligible lending institution" means a financial	9993
institution that is eligible to make commercial loans, is a public	9994
depository of state funds under section 135.03 of the Revised	9995
Code, and agrees to participate in the linked deposit program.	9996

(C) "Linked deposit" means a certificate of deposit or other	9997
financial institution instrument placed by the treasurer of state	9998
with an eligible lending institution at a rate below current	9999
market rates, as determined and calculated by the treasurer of	10000
state, provided the institution agrees to lend the value of such	10001
deposit, according to the deposit agreement provided in division	10002
(C) of section 135.65 of the Revised Code, to eligible small	10003
businesses at a rate that reflects an equal percentage rate	10004
reduction below the present borrowing rate applicable to each	10005
specific business at the time of the deposit of state funds in the	10006
institution.	10007

(D) "Other financial institution instrument" has the same	10008
meaning as in section 135.81 of the Revised Code.	10009

Sec. 135.65. (A) The treasurer of state may accept or reject	10010
a linked deposit loan package or any portion thereof, based on the	10011
treasurer's evaluation of the eligible small businesses included	10012
in the package and the amount of state funds to be deposited. When	10013
evaluating the eligible small businesses, the treasurer shall give	10014
priority to the economic needs of the area where the business is	10015
located and the ratio of state funds to be deposited to jobs	10016
sustained or created and shall also consider any reports,	10017
statements, or plans applicable to the business, the overall	10018
financial need of the business, and such other factors as the	10019
treasurer considers appropriate.	10020

(B) Upon acceptance of the linked deposit loan package or any	10021
portion thereof, the treasurer of state may place certificates of	10022
deposit or other financial institution instruments with the	10023
eligible lending institution at a rate below current market rates,	10024
as determined and calculated by the treasurer of state. When	10025
necessary, the treasurer may place certificates of deposit or	10026
other financial institution instruments prior to acceptance of a	10027
linked deposit loan package.	10028

(C) The eligible lending institution shall enter into a	10029
deposit agreement with the treasurer of state, which shall include	10030
requirements necessary to carry out the purposes of sections	10031
135.61 to 135.67 of the Revised Code. Such requirements shall	10032
reflect the market conditions prevailing in the eligible lending	10033
institution's lending area. The agreement may include a	10034
specification of the period of time in which the lending	10035
institution is to lend funds upon the placement of a linked	10036
deposit, and shall include provisions for the certificates of	10037
deposit or other financial institution instruments to be placed	10038
for any maturity considered appropriate by the treasurer of state	10039
not to exceed two years, and may be renewed for up to an	10040
additional two years at the option of the treasurer. Interest	10041
shall be paid at the times determined by the treasurer of state.	10042

(D) Eligible lending institutions shall comply fully with	10043
Chapter 135. of the Revised Code.	10044

Sec. 135.66. (A) Upon the placement of a linked deposit with	10045
an eligible lending institution, such institution is required to	10046
lend such funds to each approved eligible small business listed in	10047
the linked deposit loan package required by division (D) of	10048
section 135.64 of the Revised Code and in accordance with the	10049
deposit agreement required by division (C) of section 135.65 of	10050
the Revised Code. The loan shall be at a rate that reflects a	10051
percentage rate reduction below the present borrowing rate	10052
applicable to each business that is equal to the percentage rate	10053
reduction below market rates at which the ~~certificate~~certificates	10054
of ~~deposits~~deposit or other financial institution instruments	10055
that constitute the linked deposit were placed. A certification of	10056
compliance with this section in the form and manner as prescribed	10057
by the treasurer of state shall be required of the eligible	10058
lending institution.	10059

(B) The treasurer of state shall take any and all steps	10060
necessary to implement the linked deposit program and monitor	10061
compliance of eligible lending institutions and eligible small	10062
businesses, including the development of guidelines as necessary.	10063
The treasurer of state and the department of development shall	10064
notify each other at least quarterly of the names of the	10065
businesses receiving financial assistance from their respective	10066
programs.	10067

Annually, by the first day of February, the treasurer of	10068
state shall report on the linked deposits program for the	10069
preceding calendar year to the governor, the speaker of the house	10070
of representatives, and the president of the senate. The speaker	10071
of the house shall transmit copies of this report to the	10072
chairpersons of the standing committees in the house which	10073
customarily consider legislation regarding agriculture and small	10074
business, and the president of the senate shall transmit copies of	10075
this report to the chairpersons of the standing committees in the	10076
senate which customarily consider legislation regarding	10077
agriculture and small business. The report shall set forth the	10078
linked deposits made by the treasurer of state under the program	10079
during the year and shall include information regarding the	10080
nature, terms, and amounts of the loans upon which the linked	10081
deposits were based and the eligible small businesses to which the	10082
loans were made.	10083

Sec. 145.27. (A)(1) As used in this division, "personal	10084
history record" means information maintained by the public	10085
employees retirement board on an individual who is a member,	10086
former member, contributor, former contributor, retirant, or	10087
beneficiary that includes the address, telephone number, social	10088
security number, record of contributions, correspondence with the	10089
public employees retirement system, or other information the board	10090
determines to be confidential.	10091

(2) The records of the board shall be open to public	10092
inspection, except that the following shall be excluded, except	10093
with the written authorization of the individual concerned:	10094

(a) The individual's statement of previous service and other	10095
information as provided for in section 145.16 of the Revised Code;	10096

(b) The amount of a monthly allowance or benefit paid to the	10097
individual;	10098

10099

(B) All medical reports and recommendations required by this	10100
chapter are privileged, except that copies of such medical reports	10101
or recommendations shall be made available to the personal	10102
physician, attorney, or authorized agent of the individual	10103
concerned upon written release from the individual or the	10104
individual's agent, or when necessary for the proper	10105
administration of the fund, to the board assigned physician.	10106

(C) Any person who is a member or contributor of the system	10107
shall be furnished with a statement of the amount to the credit of	10108
the individual's account upon written request. The board is not	10109
required to answer more than one such request of a person in any	10110
one year. The board may issue annual statements of accounts to	10111
members and contributors.	10112

(D) Notwithstanding the exceptions to public inspection in	10113
division (A)(2) of this section, the board may furnish the	10114
following information:	10115

(1) If a member, former member, contributor, former	10116
contributor, or retirant is subject to an order issued under	10117
section 2907.15 of the Revised Code or an order issued under	10118
division (A) or (B) of section 2929.192 of the Revised Code or is	10119
convicted of or pleads guilty to a violation of section 2921.41 of	10120
the Revised Code, on written request of a prosecutor as defined in	10121
section 2935.01 of the Revised Code, the board shall furnish to	10122
the prosecutor the information requested from the individual's	10123
personal history record.	10124

(2) Pursuant to a court or administrative order issued	10125
pursuant to Chapter 3119., 3121., 3123., or 3125. of the Revised	10126
Code, the board shall furnish to a court or child support	10127
enforcement agency the information required under that section.	10128

(3) At the written request of any person, the board shall	10129
provide to the person a list of the names and addresses of	10130
members, former members, contributors, former contributors,	10131
retirants, or beneficiaries. The costs of compiling, copying, and	10132
mailing the list shall be paid by such person.	10133

(4) Within fourteen days after receiving from the director of	10134
job and family services a list of the names and social security	10135
numbers of recipients of public assistance pursuant to section	10136
5101.181 of the Revised Code, the board shall inform the auditor	10137
of state of the name, current or most recent employer address, and	10138
social security number of each member whose name and social	10139
security number are the same as that of a person whose name or	10140
social security number was submitted by the director. The board	10141
and its employees shall, except for purposes of furnishing the	10142
auditor of state with information required by this section,	10143
preserve the confidentiality of recipients of public assistance in	10144
compliance with ~~division (A) of~~ section 5101.181 of the Revised	10145
Code.	10146

(5) The system shall comply with orders issued under section	10147
3105.87 of the Revised Code.	10148

On the written request of an alternate payee, as defined in	10149
section 3105.80 of the Revised Code, the system shall furnish to	10150
the alternate payee information on the amount and status of any	10151
amounts payable to the alternate payee under an order issued under	10152
section 3105.171 or 3105.65 of the Revised Code.	10153

(6) At the request of any person, the board shall make	10154
available to the person copies of all documents, including	10155
resumes, in the board's possession regarding filling a vacancy of	10156
an employee member or retirant member of the board. The person who	10157
made the request shall pay the cost of compiling, copying, and	10158
mailing the documents. The information described in division	10159
(D)(6) of this section is a public record.	10160

(E) A statement that contains information obtained from the	10161
system's records that is signed by the executive director or an	10162
officer of the system and to which the system's official seal is	10163
affixed, or copies of the system's records to which the signature	10164
and seal are attached, shall be received as true copies of the	10165
system's records in any court or before any officer of this state.	10166

Sec. 149.01. Each elective state officer, the adjutant	10167
general, the adult parole authority, the department of	10168
agriculture, the director of administrative services, the public	10169
utilities commission, the superintendent of insurance, the	10170
superintendent of financial institutions, the superintendent of	10171
purchases and printing, the state commissioner of soldiers'	10172
claims, the fire marshal, the industrial commission, the	10173
administrator of workers' compensation, the state department of	10174
transportation, the department of health, the state medical board,	10175
the state dental board, the board of embalmers and funeral	10176
directors, the Ohio commission for the blind, the accountancy	10177
board of Ohio, the state council of uniform state laws, the board	10178
of commissioners of the sinking fund, the department of taxation,	10179
the board of tax appeals, ~~the clerk of the supreme court,~~ the	10180
division of liquor control, the director of state armories, the	10181
trustees of the Ohio state university, and every private or	10182
quasi-public institution, association, board, or corporation	10183
receiving state money for its use and purpose shall make annually,	10184
at the end of each fiscal year, in quadruplicate, a report of the	10185
transactions and proceedings of that office or department for that	10186
fiscal year, excepting receipts and disbursements unless otherwise	10187
specifically required by law. The report shall contain a summary	10188
of the official acts of the officer, board, council, commission,	10189
institution, association, or corporation and any suggestions and	10190
recommendations that are proper. On the first day of August of	10191
each year, one of the reports shall be filed with the governor,	10192
one with the secretary of state, and one with the state library,	10193
and one shall be kept on file in the office of the officer, board,	10194
council, commission, institution, association, or corporation.	10195

Sec. 149.091. (A) ~~Except as otherwise provided in division~~	10196
~~(C) of this section, the~~The secretary of state shall compile,	10197
publish, and distribute the session laws either annually or	10198
biennially in a paper or electronic format ~~a maximum of nine~~	10199
~~hundred copies of the session laws~~. The annual or biennial	10200
publication shall contain all enrolled acts and joint resolutions.	10201
~~The secretary of state shall cause to be printed with each~~	10202
~~compilation of enrolled acts and joint resolutions distributed~~, a	10203
subject index, a table indicating Revised Code sections affected,	10204
and the secretary of state's certificate that the laws, as	10205
compiled and distributed, are true copies of the original enrolled	10206
acts or joint resolutions in the secretary of state's office.	10207

(B)(1) The secretary of state ~~shall~~may distribute the	10208
~~compilations~~paper or electronic format of the session laws in	10209
free of charge to the following ~~manner~~persons or entities:	10210

~~(1) One shall be forwarded to each~~(a) Each county auditor.

10211

~~(2) One shall be forwarded to each~~(b) Each county law	10212
library.	10213

~~(3) Two hundred may be distributed, free of charge, to~~(c)	10214
Other public officials upon request of the public official.	10215

~~(4) Remaining compilations may be sold by the secretary of~~	10216
~~state at a price that shall not exceed the actual cost of~~	10217
~~publication and distribution.~~	10218

~~(B) Notwithstanding division (C) of this section, the~~	10219
~~secretary of state shall compile, publish, and distribute, either~~	10220
~~annually or biennially, in permanently bound volumes, a minimum of~~	10221
~~twenty-five copies of the session laws. The annual or biennial~~	10222
~~volumes shall contain copies of all enrolled acts and joint~~	10223
~~resolutions. The secretary of state shall cause to be printed with~~	10224
~~each volume of enrolled acts and joint resolutions distributed a~~	10225
~~subject index, a table indicating Revised Code sections affected,~~	10226
~~and the secretary of state's certificate that the laws so~~	10227
~~assembled are true copies of the original enrolled acts or joint~~	10228
~~resolutions in the secretary of state's office.~~	10229

(2) The secretary of state shall distribute the ~~permanently~~	10230
~~bound volumes~~paper or electronic format of the session laws in	10231
free of charge to the following ~~manner~~persons or entities:	10232

~~(1) Five copies shall be forwarded to the~~(a) The clerk of	10233
the house of representatives.	10234

~~(2) Five copies shall be forwarded to the~~(b) The clerk of	10235
the senate.	10236

~~(3) Five copies shall be forwarded to the~~(c) The legislative	10237
service commission.	10238

~~(4) Two copies shall be forwarded to the~~(d) The Ohio supreme	10239
court.	10240

~~(5) Two copies shall be forwarded to the~~(e) The document	10241
division of the library of congress.	10242

~~(6) Two copies shall be forwarded to the~~(f) The state	10243
library.	10244

~~(7) Two copies shall be forwarded to the~~(g) The Ohio	10245
historical society.	10246

~~(8) Two copies shall be retained by the~~The secretary of	10247
state shall retain a paper or electronic format of the session	10248
laws.	10249

(C) ~~The secretary of state annually or biennially may~~	10250
~~compile, publish, and distribute the session laws in an electronic~~	10251
~~format instead of compiling and publishing the session laws as~~	10252
~~provided in division (A) of this section. If the secretary of~~	10253
~~state compiles and publishes the session laws in an electronic~~	10254
~~format, the following apply:~~	10255

~~(1) The session laws in electronic format shall include~~	10256
~~copies of all enrolled acts and joint resolutions and shall~~	10257
~~contain a subject index and a table indicating Revised Code~~	10258
~~sections affected.~~	10259

~~(2) Each compilation of the session laws in electronic format~~	10260
~~shall include the secretary of state's certificate that the laws~~	10261
~~so compiled and published are true copies of the original enrolled~~	10262
~~acts and joint resolutions in the secretary of state's office.~~	10263

~~(3) The session laws may be distributed in an electronic~~	10264
~~format to public officials free of charge.~~	10265

~~(4)~~ The session laws may be sold in ana paper or electronic	10266
format to individuals or entities not specified in division ~~(A) or~~	10267
(B) of this section. The price shall not exceed the actual cost of	10268
producing and distributing the session laws in ana paper or	10269
electronic format.	10270

Sec. 149.11. Any department, division, bureau, board, or	10271
commission of the state government issuing a report, pamphlet,	10272
document, or other publication intended for general public use and	10273
distribution, which publication is reproduced by duplicating	10274
processes such as mimeograph, multigraph, planograph, rotaprint,	10275
or multilith, or printed internally or through a contract awarded	10276
to any person, company, or the state printing division of the	10277
department of administrative services, shall cause to be delivered	10278
to the state library one hundred copies of the publication,	10279
subject to the provisions of section 125.42 of the Revised Code.	10280

The state library board shall distribute the publications so	10281
received as follows:	10282

(A) Retain two copies in the state library;

10283

(B) Send two copies to the document division of the library	10284
of congress;	10285

(C) Send one copy to the Ohio historical society and to each	10286
public or college library in the state designated by the state	10287
library board to be a depository for state publications. In	10288
designating which libraries shall be depositories, the board shall	10289
select those libraries that can best preserve those publications	10290
and that are so located geographically as will make the	10291
publications conveniently accessible to residents in all areas of	10292
the state.	10293

(D) Send one copy to each state in exchange for like	10294
publications of that state.	10295

The provisions of this section ~~shall~~do not apply to any	10296
publication of the general assembly or to the publications	10297
described in sections 149.07, 149.08, 149.091, and 149.17 of the	10298
Revised Code, except that the secretary of state shall forward to	10299
the document division of the library of congress two copies of all	10300
journals, two copies of the session laws ~~in bound form~~ as provided	10301
for in section 149.091 of the Revised Code, and two copies of all	10302
appropriation laws in separate form.	10303

Sec. 149.308. There is hereby created in the state treasury	10304
the Ohio historical society income tax contribution fund, which	10305
shall consist of money contributed to it under section 5747.113 of	10306
the Revised Code for taxable years beginning on or after January	10307
1, 2011, and of contributions made directly to it. Any person may	10308
contribute directly to the fund in addition to or independently of	10309
the income tax refund contribution system established in section	10310
5747.113 of the Revised Code.	10311

The Ohio historical society shall use money credited to the	10312
fund in furtherance of the public functions with which the society	10313
is charged under section 149.30 of the Revised Code.	10314

Sec. 149.311. (A) As used in this section:

10315

(1) "Historic building" means a building, including its	10316
structural components, that is located in this state and that is	10317
either individually listed on the national register of historic	10318
places under 16 U.S.C. 470a, located in a registered historic	10319
district, and certified by the state historic preservation officer	10320
as being of historic significance to the district, or is	10321
individually listed as a historic landmark designated by a local	10322
government certified under 16 U.S.C. 470a(c).	10323

(2) "Qualified rehabilitation expenditures" means	10324
expenditures paid or incurred during the rehabilitation period,	10325
and before and after that period as determined under 26 U.S.C. 47,	10326
by an owner of a historic building to rehabilitate the building.	10327
"Qualified rehabilitation expenditures" includes architectural or	10328
engineering fees paid or incurred in connection with the	10329
rehabilitation, and expenses incurred in the preparation of	10330
nomination forms for listing on the national register of historic	10331
places. "Qualified rehabilitation expenditures" does not include	10332
any of the following:	10333

(a) The cost of acquiring, expanding, or enlarging a historic	10334
building;	10335

(b) Expenditures attributable to work done to facilities	10336
related to the building, such as parking lots, sidewalks, and	10337
landscaping;	10338

10339

(3) "Owner" of a historic building means a person holding the	10340
fee simple interest in the building. "Owner" does not include the	10341
state or a state agency, or any political subdivision as defined	10342
in section 9.23 of the Revised Code.	10343

(4) "Certificate owner" means the owner of a historic	10344
building to which a rehabilitation tax credit certificate was	10345
issued under this section.	10346

(5) "Registered historic district" means a historic district	10347
listed in the national register of historic places under 16 U.S.C.	10348
470a, a historic district designated by a local government	10349
certified under 16 U.S.C. 470a(c), or a local historic district	10350
certified under 36 C.F.R. 67.8 and 67.9.	10351

(6) "Rehabilitation" means the process of repairing or	10352
altering a historic building or buildings, making possible an	10353
efficient use while preserving those portions and features of the	10354
building and its site and environment that are significant to its	10355
historic, architectural, and cultural values.	10356

(7) "Rehabilitation period" means one of the following:

10357

(a) If the rehabilitation initially was not planned to be	10358
completed in stages, a period chosen by the owner not to exceed	10359
twenty-four months during which rehabilitation occurs;	10360

(b) If the rehabilitation initially was planned to be	10361
completed in stages, a period chosen by the owner not to exceed	10362
sixty months during which rehabilitation occurs.	10363

(8) "State historic preservation officer" or "officer" means	10364
the state historic preservation officer appointed by the governor	10365
under 16 U.S.C. 470a.	10366

~~(9) "Application period" means any of the following time~~	10367
~~periods for which an application for a rehabilitation tax credit~~	10368
~~certificate may be filed under this section:~~	10369

~~(a) July 1, 2007, through June 30, 2008;~~

10370

~~(b) July 1, 2009, through June 30, 2010;~~

10371

~~(c) July 1, 2010, through June 30, 2011.~~

10372

(B) ~~For any application period, the~~The owner of a historic	10373
building may apply to the state historic preservation officer for	10374
a rehabilitation tax credit certificate for qualified	10375
rehabilitation expenditures paid or incurred after April 4, 2007,	10376
for rehabilitation of a historic building. The form and manner of	10377
filing such applications shall be prescribed by rule of the	10378
director of development~~, and, except as otherwise provided in~~	10379
~~division (D) of this section, applications expire at the end of~~	10380
~~each application period~~. Each application shall state the amount	10381
of qualified rehabilitation expenditures the applicant estimates	10382
will be paid or incurred. The director may require applicants to	10383
furnish documentation of such estimates.	10384

The director, after consultation with the tax commissioner	10385
and in accordance with Chapter 119. of the Revised Code, shall	10386
adopt rules that establish all of the following:	10387

(1) Forms and procedures by which applicants may apply for	10388
rehabilitation tax credit certificates;	10389

(2) Criteria for reviewing, evaluating, and approving	10390
applications for certificates within the limitations under	10391
division (D) of this section, criteria for assuring that the	10392
certificates issued encompass a mixture of high and low qualified	10393
rehabilitation expenditures, and criteria for issuing certificates	10394
under division (C)(3)(b) of this section;	10395

(3) Eligibility requirements for obtaining a certificate	10396
under this section;	10397

(4) The form of rehabilitation tax credit certificates;

10398

(5) Reporting requirements and monitoring procedures;

10399

(6) Any other rules necessary to implement and administer	10400
this section.	10401

(C) The state historic preservation officer shall accept	10402
applications and forward them to the director of development, who	10403
shall review the applications and determine whether all of the	10404
following criteria are met:	10405

(1) That the building that is the subject of the application	10406
is a historic building and the applicant is the owner of the	10407
building;	10408

(2) That the rehabilitation will satisfy standards prescribed	10409
by the United States secretary of the interior under 16 U.S.C.	10410
470, et seq., as amended, and 36 C.F.R. 67.7 or a successor to	10411
that section;	10412

(3) That receiving a rehabilitation tax credit certificate	10413
under this section is a major factor in:	10414

(a) The applicant's decision to rehabilitate the historic	10415
building; or	10416

(b) To increase the level of investment in such	10417
rehabilitation.	10418

An applicant shall demonstrate to the satisfaction of the	10419
state historic preservation officer and director of development	10420
that the rehabilitation will satisfy the standards described in	10421
division (C)(2) of this section before the applicant begins the	10422
physical rehabilitation of the historic building.	10423

(D)(1) The director of development may approve an application	10424
and issue a rehabilitation tax credit certificate to an applicant	10425
only if the director determines that the criteria in divisions	10426
(C)(1), (2), and (3) of this section are met. The director shall	10427
consider the potential economic impact and the regional	10428
distributive balance of the credits throughout the state.	10429

(2) A rehabilitation tax credit certificate shall not be	10430
issued before rehabilitation of a historic building is completed	10431
or for an amount greater than the estimated amount furnished by	10432
the applicant on the application for such certificate and approved	10433
by the director. The director shall not approve more than a total	10434
of ~~sixty~~twenty-five million dollars of rehabilitation tax credits	10435
~~for an application period~~per fiscal year.	10436

(3) ~~Of the sixty million dollars approved for application~~	10437
~~periods July 1, 2009, through June 30, 2010, and July 1, 2010,~~	10438
~~through June 30, 2011, forty-five million dollars shall be~~	10439
~~reserved in each application period for the award of~~	10440
~~rehabilitation tax credit certificates to applicants who, as of~~	10441
~~March 1, 2008, had filed completed applications that met the~~	10442
~~criteria described in divisions (C)(1), (2), and (3) of this~~	10443
~~section, who have not withdrawn the application, and who have not~~	10444
~~yet been approved to receive a certificate. If the total amount of~~	10445
~~credits awarded for such applications is less than forty-five~~	10446
~~million dollars in an application period, the remainder shall be~~	10447
~~made available for other qualifying applications for that~~	10448
~~application period.~~	10449

~~(4)~~ If an applicant whose application is approved for receipt	10450
of a rehabilitation tax credit certificate fails to provide to the	10451
director of development sufficient evidence of reviewable	10452
progress, including a viable financial plan, copies of final	10453
construction drawings, and evidence that the applicant has	10454
obtained all historic approvals within twelve months after the	10455
date the applicant received notification of approval, or if the	10456
applicant fails to provide evidence to the director of development	10457
that the applicant has secured and closed on financing for the	10458
rehabilitation within eighteen months after receiving notification	10459
of approval, the director shall notify the applicant that the	10460
approval has been rescinded. Credits that would have been	10461
available to an applicant whose approval was rescinded shall be	10462
available for other qualified applicants. Nothing in this division	10463
prohibits an applicant whose approval has been rescinded from	10464
submitting a new application for a rehabilitation tax credit	10465
certificate.	10466

(E) Issuance of a certificate represents a finding by the	10467
director of development of the matters described in divisions	10468
(C)(1), (2), and (3) of this section only; issuance of a	10469
certificate does not represent a verification or certification by	10470
the director of the amount of qualified rehabilitation	10471
expenditures for which a tax credit may be claimed under section	10472
5725.151, 5725.34, 5729.17, 5733.47, or 5747.76 of the Revised	10473
Code. The amount of qualified rehabilitation expenditures for	10474
which a tax credit may be claimed is subject to inspection and	10475
examination by the tax commissioner or employees of the	10476
commissioner under section 5703.19 of the Revised Code and any	10477
other applicable law. Upon the issuance of a certificate, the	10478
director shall certify to the tax commissioner, in the form and	10479
manner requested by the tax commissioner, the name of the	10480
applicant, the amount of qualified rehabilitation expenditures	10481
shown on the certificate, and any other information required by	10482
the rules adopted under this section.	10483

(F)(1) On or before the first day of December ~~in 2007, 2008,~~	10484
~~2009, 2010, and 2011~~each year, the director of development and	10485
tax commissioner jointly shall submit to the president of the	10486
senate and the speaker of the house of representatives a report on	10487
the tax credit program established under this section and sections	10488
5725.151, 5725.34, 5729.17, 5733.47, and 5747.76 of the Revised	10489
Code. The report shall present an overview of the program and	10490
shall include information on the number of rehabilitation tax	10491
credit certificates issued under this section during an	10492
~~application period~~the preceding fiscal year, an update on the	10493
status of each historic building for which an application was	10494
approved under this section, the dollar amount of the tax credits	10495
granted under sections 5725.151, 5725.34, 5729.17, 5733.47, and	10496
5747.76 of the Revised Code, and any other information the	10497
director and commissioner consider relevant to the topics	10498
addressed in the report.	10499

(2) On or before December 1, 2012, the director of	10500
development and tax commissioner jointly shall submit to the	10501
president of the senate and the speaker of the house of	10502
representatives a comprehensive report that includes the	10503
information required by division (F)(1) of this section and a	10504
detailed analysis of the effectiveness of issuing tax credits for	10505
rehabilitating historic buildings. The report shall be prepared	10506
with the assistance of an economic research organization jointly	10507
chosen by the director and commissioner.	10508

Sec. 153.01. (A) Whenever any building or structure for the	10509
use of the state or any institution supported in whole or in part	10510
by the state or in or upon the public works of the state that is	10511
administered by the director of administrative services or by any	10512
other state officer or state agency authorized by law to	10513
administer a project, including an educational institution listed	10514
in section 3345.50 of the Revised Code, is to be erected or	10515
constructed, whenever additions, alterations, or structural or	10516
other improvements are to be made, or whenever heating, cooling,	10517
or ventilating plants or other equipment is to be installed or	10518
material supplied therefor, the ~~aggregate~~estimated cost of which	10519
amounts to ~~fifty~~two hundred thousand dollars or more, or the	10520
amount determined pursuant to section 153.53 of the Revised Code	10521
or more, each officer, board, or other authority upon which	10522
devolves the duty of constructing, erecting, altering, or	10523
installing the same, referred to in sections 153.01 to 153.60 of	10524
the Revised Code as the ~~owner~~public authority, shall cause to be	10525
made, by an architect or engineer whose contract of employment	10526
shall be prepared and approved by the attorney general, the	10527
following:	10528

~~(A)~~(1) Full and accurate plans, suitable for the use of	10529
mechanics and other builders in the construction, improvement,	10530
addition, alteration, or installation;	10531

~~(B)~~(2) Details to scale and full-sized, so drawn and	10532
represented as to be easily understood;	10533

~~(C) Accurate bills showing the exact quantity of different~~	10534
~~kinds of material necessary to the construction;~~	10535

~~(D)~~(3) Definite and complete specifications of the work to be	10536
performed, together with directions that will enable a competent	10537
mechanic or other builder to carry them out and afford bidders all	10538
needful information;	10539

~~(E)~~(4) A full and accurate estimate of each item of expense	10540
and the aggregate cost of those items of expense;	10541

~~(F)~~(5) A life-cycle cost analysis;

10542

~~(G)~~(6) Further data as may be required by the department of	10543
administrative services.	10544

(B) The data described in divisions (A)(1) to (6) of this	10545
section shall not be required with respect to any work to be	10546
performed pursuant to a construction management contract entered	10547
into with a construction manager at risk as described in section	10548
9.334 of the Revised Code or pursuant to a design-build contract	10549
entered into with a design-build firm as described in section	10550
153.693 of the Revised Code.	10551

Sec. 153.02. (A) The director of administrative services, on	10552
the director's own initiative or upon request of the Ohio school	10553
facilities commission, may debar a contractor from contract awards	10554
for public improvements as referred to in section 153.01 of the	10555
Revised Code or for projects as defined in section 3318.01 of the	10556
Revised Code, upon proof that the contractor has done any of the	10557
following:	10558

(1) Defaulted on a contract requiring the execution of a	10559
takeover agreement as set forth in division (B) of section 153.17	10560
of the Revised Code;	10561

(2) Knowingly failed during the course of a contract to	10562
maintain the coverage required by the bureau of workers'	10563
compensation;	10564

(3) Knowingly failed during the course of a contract to	10565
maintain the contractor's drug-free workplace program as required	10566
by the contract;	10567

(4) Knowingly failed during the course of a contract to	10568
maintain insurance required by the contract or otherwise by law,	10569
resulting in a substantial loss to the owner, as owner is referred	10570
to in section 153.01 of the Revised Code, or to the commission and	10571
school district board, as provided in division (F) of section	10572
3318.08 of the Revised Code;	10573

(5) Misrepresented the firm's qualifications in the selection	10574
process set forth in sections 153.65 to 153.71 or section 3318.10	10575
of the Revised Code;	10576

(6) Been convicted of a criminal offense related to the	10577
application for or performance of any public or private contract,	10578
including, but not limited to, embezzlement, theft, forgery,	10579
bribery, falsification or destruction of records, receiving stolen	10580
property, and any other offense that directly reflects on the	10581
contractor's business integrity;	10582

(7) Been convicted of a criminal offense under state or	10583
federal antitrust laws;	10584

(8) Deliberately or willfully submitted false or misleading	10585
information in connection with the application for or performance	10586
of a public contract;	10587

(9) Been debarred from bidding on or participating in a	10588
contract with any state or federal agency.	10589

(B) When the director reasonably believes that grounds for	10590
debarment exist, the director shall send the contractor a notice	10591
of proposed debarment indicating the grounds for the proposed	10592
debarment and the procedure for requesting a hearing on the	10593
proposed debarment. The hearing shall be conducted in accordance	10594
with Chapter 119. of the Revised Code. If the contractor does not	10595
respond with a request for a hearing in the manner specified in	10596
Chapter 119. of the Revised Code, the director shall issue the	10597
debarment decision without a hearing and shall notify the	10598
contractor of the decision by certified mail, return receipt	10599
requested.	10600

(C) The director shall determine the length of the debarment	10601
period and may rescind the debarment at any time upon notification	10602
to the contractor. During the period of debarment, the contractor	10603
is not eligible to bid for or participate in any contract for a	10604
public improvement as referred to in section 153.01 of the Revised	10605
Code or for a project as defined in section 3318.01 of the Revised	10606
Code. After the debarment period expires, the contractor shall be	10607
eligible to bid for and participate in such contracts ~~for a public~~	10608
~~improvement as referred to in section 153.01 of the Revised Code~~.	10609

(D) The director, through the office of the state architect,	10610
shall maintain a list of all contractors currently debarred under	10611
this section. Any governmental entity awarding a contract for	10612
construction of a public improvement or project may use a	10613
contractor's presence on the debarment list to determine whether a	10614
contractor is responsible or best under section 9.312 or any other	10615
section of the Revised Code in the award of a contract.	10616

Sec. 153.03. (A) As used in this section:

10617

(1) "Contracting authority" means any state agency or other	10618
state instrumentality that is authorized to award a public	10619
improvement contract.	10620

(2) "Bidder" means a person who submits a bid to a	10621
contracting authority to perform work under a public improvement	10622
contract.	10623

(3) "Contractor" means any person with whom a contracting	10624
authority has entered into a public improvement contract to	10625
provide labor for a public improvement and includes a construction	10626
manager at risk and a design-build firm.	10627

(4) "Subcontractor" means any person who undertakes to	10628
provide any part of the labor on the site of a public improvement	10629
under a contract with any person other than the contracting	10630
authority, including all such persons in any tier.	10631

(5) "Construction manager" ~~means a person with substantial~~	10632
~~discretion and authority to plan, coordinate, manage, and direct~~	10633
~~all phases of a project for the construction, demolition,~~	10634
~~alteration, repair, or reconstruction of any public building,~~	10635
~~structure, or other improvement~~has the same meaning as in section	10636
9.33 of the Revised Code.	10637

(6) "Construction manager at risk" has the same meaning as in	10638
section 9.33 of the Revised Code.	10639

(7) "Design-build firm" has the same meaning as in section	10640
153.65 of the Revised Code.	10641

(8) "Labor" means any activity performed by a person that	10642
contributes to the direct installation of a product, component, or	10643
system, or that contributes to the direct removal of a product,	10644
component, or system.	10645

~~(7)~~(9) "Public improvement contract" means any contract that	10646
is financed in whole or in part with money appropriated by the	10647
general assembly, or that is financed in any manner by a	10648
contracting authority, and that is awarded by a contracting	10649
authority for the construction, alteration, or repair of any	10650
public building, public highway, or other public improvement.	10651

~~(8)~~(10) "State agency" means every organized body, office, or	10652
agency established by the laws of this state for the exercise of	10653
any function of state government.	10654

(B) A contracting authority shall not award a public	10655
improvement contract to a bidder, and a construction manager at	10656
risk or design-build firm shall not award a subcontract, unless	10657
the contract or subcontract contains both of the following:	10658

(1) The statements described in division (E) of this section;

10659

(2) Terms that require the contractor or subcontractor to be	10660
enrolled in and be in good standing in the drug-free workplace	10661
program of the bureau of workers' compensation or a comparable	10662
program approved by the bureau that requires an employer to do all	10663
of the following:	10664

(a) Develop, implement, and provide to all employees a	10665
written substance use policy that conveys full and fair disclosure	10666
of the employer's expectations that no employee be at work with	10667
alcohol or drugs in the employee's system, and specifies the	10668
consequences for violating the policy.	10669

(b) Conduct drug and alcohol tests on employees in accordance	10670
with division (B)(2)(c) of this section and under the following	10671
conditions:	10672

(i) Prior to an individual's employment or during an	10673
employee's probationary period for employment, which shall not	10674
exceed one hundred twenty days after the probationary period	10675
begins;	10676

(ii) At random intervals while an employee provides labor or	10677
~~onsite~~on-site supervision of labor for a public improvement	10678
contract. The employer shall use the neutral selection procedures	10679
required by the United States department of transportation to	10680
determine which employees to test and when to test those	10681
employees.	10682

(iii) After an accident at the site where labor is being	10683
performed pursuant to a public improvement contract. For purposes	10684
of this division, "accident" has the meaning established in rules	10685
the administrator of workers' compensation adopts pursuant to	10686
Chapters 4121. and 4123. of the Revised Code for the bureau's	10687
drug-free workplace program, as those rules exist on ~~the effective~~	10688
~~date of this section~~March 30, 2007.	10689

(iv) When the employer ~~or a~~, construction manager,	10690
construction manager at risk, or design-build firm has reasonable	10691
suspicion that prior to an accident an employee may be in	10692
violation of the employer's written substance use policy. For	10693
purposes of this division, "reasonable suspicion" has the meaning	10694
established in rules the administrator adopts pursuant to Chapters	10695
4121. and 4123. of the Revised Code for the bureau's drug-free	10696
workplace program, as those rules exist on ~~the effective date of~~	10697
~~this section~~March 30, 2007.	10698

(v) Prior to an employee returning to a work site to provide	10699
labor for a public improvement contract after the employee tested	10700
positive for drugs or alcohol, and again after the employee	10701
returns to that site to provide labor under that contract, as	10702
required by either the employer, ~~the~~ construction manager,	10703
construction manager at risk, design-build firm, or conditions in	10704
the contract.	10705

(c) Use the following types of tests when conducting a test	10706
on an employee under the conditions described in division	10707
(B)(2)(b) of this section:	10708

(i) Drug and alcohol testing that uses the federal testing	10709
model that the administrator has incorporated into the bureau's	10710
drug-free workplace program;	10711

(ii) Testing to determine whether the concentration of	10712
alcohol on an employee's breath is equal to or in excess of the	10713
level specified in division (A)(1)(d) or (h) of section 4511.19 of	10714
the Revised Code, which is obtained through an evidentiary breath	10715
test conducted by a breath alcohol technician using breath testing	10716
equipment that meets standards established by the United States	10717
department of transportation, or, if such technician and equipment	10718
are unavailable, a blood test may be used to determine whether the	10719
concentration of alcohol in an employee's blood is equal to or in	10720
excess of the level specified in division (A)(1)(b) or (f) of	10721
section 4511.19 of the Revised Code.	10722

(d) Require all employees to receive at least one hour of	10723
training that increases awareness of and attempts to deter	10724
substance abuse and supplies information about employee assistance	10725
to deal with substance abuse problems, and require all supervisors	10726
to receive one additional hour of training in skill building to	10727
teach a supervisor how to observe and document employee behavior	10728
and intervene when reasonable suspicion exists of substance use;	10729

(e) Require all supervisors and employees to receive the	10730
training described in division (B)(2)(d) of this section before	10731
work for a public improvement contract commences or during the	10732
term of a public improvement contract;	10733

(f) Require that the training described in division (B)(2)(d)	10734
of this section be provided using material prepared by an	10735
individual who has credentials or experience in substance abuse	10736
training;	10737

(g) Assist employees by providing, at a minimum, a list of	10738
community resources from which an employee may obtain help with	10739
substance abuse problems, except that this requirement does not	10740
preclude an employer from having a policy that allows an employer	10741
to terminate an employee's employment the first time the employee	10742
tests positive for drugs or alcohol or if an employee refuses to	10743
be tested for drugs, alcohol, or both.	10744

(C) Any time the United States department of health and human	10745
services changes the federal testing model that the administrator	10746
has incorporated into the bureau's drug-free workplace program in	10747
a manner that allows additional or new products, protocols,	10748
procedures, and standards in the model, the administrator may	10749
adopt rules establishing standards to allow employers to use those	10750
additional or new products, protocols, procedures, or standards to	10751
satisfy the requirements of division (B)(2)(c) of this section,	10752
and the bureau may approve an employer's drug-free workplace	10753
program that meets the administrator's standards and the other	10754
requirements specified in division (B)(2) of this section.	10755

(D) A contracting authority shall ensure that money	10756
appropriated by the general assembly for the contracting	10757
authority's public improvement contract or, in the case of a state	10758
institution of higher education, the institution's financing for	10759
the public improvement contract, is not expended unless the	10760
contractor for that contract is enrolled in and in good standing	10761
in a drug-free workplace program described in division (B) of this	10762
section. Prior to awarding a contract to a bidder, a contracting	10763
authority shall verify that the bidder is enrolled in and in good	10764
standing in such a program.	10765

(E) A contracting authority shall include all of the	10766
following statements in the public improvement contract entered	10767
into between the contracting authority and a contractor for the	10768
public improvement:	10769

(1) "Each contractor shall require all subcontractors with	10770
whom the contractor is in contract for the public improvement to	10771
be enrolled in and be in good standing in the Bureau of Workers'	10772
Compensation's Drug-Free Workplace Program or a comparable program	10773
approved by the Bureau that meets the requirements specified in	10774
section 153.03 of the Revised Code prior to a subcontractor	10775
providing labor at the project site of the public improvement."	10776

(2) "Each subcontractor shall require all lower-tier	10777
subcontractors with whom the subcontractor is in contract for the	10778
public improvement to be enrolled in and be in good standing in	10779
the Bureau of Workers' Compensation's Drug-Free Workplace Program	10780
or a comparable program approved by the Bureau that meets the	10781
requirements specified in section 153.03 of the Revised Code prior	10782
to a lower-tier subcontractor providing labor at the project site	10783
of the public improvement."	10784

(3) "Failure of a contractor to require a subcontractor to be	10785
enrolled in and be in good standing in the Bureau of Workers'	10786
Compensation's Drug-Free Workplace Program or a comparable program	10787
approved by the Bureau that meets the requirements specified in	10788
section 153.03 of the Revised Code prior to the time that the	10789
subcontractor provides labor at the project site will result in	10790
the contractor being found in breach of the contract and that	10791
breach shall be used in the responsibility analysis of that	10792
contractor or the subcontractor who was not enrolled in a program	10793
for future contracts with the state for five years after the date	10794
of the breach."	10795

(4) "Failure of a subcontractor to require a lower-tier	10796
subcontractor to be enrolled in and be in good standing in the	10797
Bureau of Workers' Compensation's Drug-Free Workplace Program or a	10798
comparable program approved by the Bureau that meets the	10799
requirements specified in section 153.03 of the Revised Code prior	10800
to the time that the lower-tier subcontractor provides labor at	10801
the project site will result in the subcontractor being found in	10802
breach of the contract and that breach shall be used in the	10803
responsibility analysis of that subcontractor or the lower-tier	10804
subcontractor who was not enrolled in a program for future	10805
contracts with the state for five years after the date of the	10806
breach."	10807

(F) In the event a construction manager, construction manager	10808
at risk, or design-build firm intends and is authorized to provide	10809
labor for a public improvement contract, a contracting authority	10810
shall verify, prior to awarding a contract for construction	10811
management services or design-build services, that the	10812
construction manager, construction manager at risk, or	10813
design-build firm was enrolled in and in good standing in a	10814
drug-free workplace program described in division (B) of this	10815
section prior to entering into the public improvement contract.	10816
The contracting authority shall not award a contract for	10817
construction manager services ~~to a construction manager~~or	10818
design-build services if the construction manager, construction	10819
manager at risk, or design-build firm is not enrolled in or in	10820
good standing in such a program.	10821

Sec. 153.07. The notice provided for in section 153.06 of	10822
the Revised Code shall be published once each week for three	10823
consecutive weeks in a newspaper of general circulation, or as	10824
provided in section 7.16 of the Revised Code, in the county where	10825
the activity for which bids are submitted is to occur and in such	10826
other newspapers as ordered by the department of administrative	10827
services, the last publication to be at least eight days preceding	10828
the day for opening the bids, and in such form and with such	10829
phraseology as the department orders. Copies of the plans,	10830
details, ~~bills of material,~~ estimates of cost, and specifications	10831
shall be open to public inspection at all business hours between	10832
the day of the first publication and the day for opening the bids,	10833
at the office of the department where the bids are received, and	10834
such other place as may be designated in such notice.	10835

Sec. 153.08. On the day and at the place named in the notice	10836
provided for in section 153.06 of the Revised Code, the owner	10837
referred to in section 153.01 of the Revised Code shall open the	10838
bids and shall publicly, with the assistance of the architect or	10839
engineer, immediately proceed to tabulate the bids upon duplicate	10840
sheets. The public bid opening may be broadcast by electronic	10841
means pursuant to rules established by the director of	10842
administrative services. A bid shall be invalid and not considered	10843
unless a bid guaranty meeting the requirements of section 153.54	10844
of the Revised Code and in the form approved by the department of	10845
administrative services is filed with such bid ~~and unless such~~.	10846
For a bid that is not filed electronically, the bid and bid	10847
guaranty ~~are~~shall be filed in one sealed envelope. If the bid	10848
and bid guaranty are filed electronically, they must be received	10849
electronically before the deadline published pursuant to section	10850
153.06 of the Revised Code. For all bids filed electronically, the	10851
original, unaltered bid guaranty shall be made available to the	10852
public authority after the public bid opening. After	10853
investigation, which shall be completed within thirty days, the	10854
contract shall be awarded by such owner to the lowest responsive	10855
and responsible bidder in accordance with section 9.312 of the	10856
Revised Code.	10857

No contract shall be entered into until the industrial	10858
commission has certified that the person so awarded the contract	10859
has complied with sections 4123.01 to 4123.94 of the Revised Code,	10860
until, if the bidder so awarded the contract is a foreign	10861
corporation, the secretary of state has certified that such	10862
corporation is authorized to do business in this state, until, if	10863
the bidder so awarded the contract is a person nonresident of this	10864
state, such person has filed with the secretary of state a power	10865
of attorney designating the secretary of state as its agent for	10866
the purpose of accepting service of summons in any action brought	10867
under section 153.05 of the Revised Code or under sections 4123.01	10868
to 4123.94 of the Revised Code, and until the contract and bond,	10869
if any, are submitted to the attorney general and the attorney	10870
general's approval certified thereon.	10871

No contract shall be entered into unless the bidder possesses	10872
a valid certificate of compliance with affirmative action programs	10873
issued pursuant to section 9.47 of the Revised Code and dated no	10874
earlier than one hundred eighty days prior to the date fixed for	10875
the opening of bids for a particular project.	10876

Sec. 153.50. (A) AnAs used in sections 153.50 to 153.52 of	10877
the Revised Code:	10878

(1) "Construction manager at risk" has the same meaning as in	10879
section 9.33 of the Revised Code.	10880

(2) "Design-assist" means monitoring and assisting in the	10881
completion of the plans and specifications.	10882

(3) "Design-assist firm" means a person capable of performing	10883
design-assist.	10884

(4) "Design-build firm" has the same meaning as in section	10885
153.65 of the Revised Code.	10886

(5) "General contracting" means constructing and managing an	10887
entire public improvement project, including the branches or	10888
classes of work specified in division (B) of this section, under	10889
the award of a single aggregate lump sum contract.	10890

(6) "General contracting firm" means a person capable of	10891
performing general contracting.	10892

(B) Except for contracts made with a construction manager at	10893
risk, with a design-build firm, or with a general contracting	10894
firm, an officer, board, or other authority of the state, a	10895
county, township, municipal corporation, or school district, or of	10896
any public institution belonging thereto, authorized to contract	10897
for the erection, repair, alteration, or rebuilding of a public	10898
building, institution, bridge, culvert, or improvement and	10899
required by law to advertise and receive bids for furnishing of	10900
materials and doing the work necessary for the erection thereof,	10901
shall require separate and distinct bids to be made for furnishing	10902
such materials or doing such work, or both, in their discretion,	10903
for each of the following branches or classes of work to be	10904
performed, and all work kindred thereto, entering into the	10905
improvement:	10906

(1) Plumbing and gas fitting;

10907

(2) Steam and hot-water heating, ventilating apparatus, and	10908
steam-power plant;	10909

(3) Electrical equipment.

10910

~~(B) A public authority is not required to solicit separate~~	10911
~~bids for a branch or class of work specified in division (A) of~~	10912
~~this section for an improvement if the estimated cost for that~~	10913
~~branch or class of work is less than five thousand dollars.~~	10914

Sec. 153.501. (A) A public authority may accept a subcontract	10915
awarded by a construction manager at risk, a design-build firm, or	10916
a general contracting firm, or may reject any such contract if the	10917
public authority determines that the bidder is not responsible.	10918

(B) A public authority may authorize a construction manager	10919
at risk or design-build firm to utilize a design-assist firm on	10920
any public improvement project.	10921

(C) If the construction manager at risk or design-build firm	10922
intends and is permitted by the public authority to self-perform a	10923
portion of the work to be performed, the construction manager at	10924
risk or design-build firm shall submit a sealed bid for the	10925
portion of the work prior to accepting and opening any bids for	10926
the same work.	10927

Sec. 153.502. The department of administrative services,	10928
pursuant to Chapter 119. of the Revised Code and not later than	10929
June 30, 2012, shall adopt rules to do both of the following:	10930

(A) Prescribe the procedures and criteria for determining the	10931
best value selection of a construction manager at risk or	10932
design-build firm;	10933

(B) Prescribe the form for the contract documents to be used	10934
by a public authority when entering into a contract with a	10935
construction manager at risk or design-build firm.	10936

Sec. 153.51. (A) ~~When more than one branch or class of work~~	10937
~~specified in division (A) of~~If separate and distinct bids are	10938
required pursuant to section 153.50 of the Revised Code is	10939
~~required~~, no contract for the entire job, or for a greater portion	10940
thereof than is embraced in one such branch or class of work ~~shall~~	10941
may be awarded, unless the separate bids do not cover all the work	10942
and materials required or the bids for the whole or for two or	10943
more kinds of work or materials are lower than the separate bids	10944
in the aggregate.	10945

(B)(1) ~~The~~If the public authority ~~referred to in section~~	10946
~~153.50 of the Revised Code also may award~~awards a single,	10947
aggregate contract for the entire project pursuant to division (A)	10948
of this section~~. This~~, the award shall be made to the bidder who	10949
is the lowest responsive and responsible bidder or the lowest and	10950
best bidder, as applicable, as specified in section 153.52 of the	10951
Revised Code.	10952

(2) The public authority ~~referred to in section 153.50 of the~~	10953
~~Revised Code~~ may assign all or any portion of its interest in the	10954
contract of the lowest responsive and responsible bidder or the	10955
lowest and best bidder, as applicable, to another successful	10956
bidder as an agreed condition for an award of the contract for the	10957
amount of its respective bid. Such assignment may include, but is	10958
not limited to, the duty to schedule, coordinate, and administer	10959
the contracts.	10960

~~(C) A public authority referred to in division (A) of section~~	10961
~~153.50 of the Revised Code is not required to award separate~~	10962
~~contracts for a branch or class of work specified in division (A)~~	10963
~~of section 153.50 of the Revised Code entering into an improvement~~	10964
~~if the estimated cost for that branch or class of work is less~~	10965
~~than five thousand dollars.~~	10966

Sec. 153.52. ~~The~~A contract for general contracting or for	10967
doing the work belonging to each separate branch or class of work	10968
specified in division ~~(A)~~(B) of section 153.50 of the Revised	10969
Code, or for the furnishing of materials therefor, ~~or both,~~ shall	10970
be awarded by the public authority referred to in section 153.50	10971
of the Revised Code, in its discretion, to the lowest responsive	10972
and responsible separate bidder therefor, in accordance with	10973
section 9.312 of the Revised Code in the case of any public	10974
authority of the state or any public institution belonging	10975
thereto, and to the lowest and best separate bidder in the case of	10976
a county, township, or municipal corporation, ~~or school district,~~	10977
or any public institution belonging thereto, and to the lowest	10978
responsive and responsible bidder in the case of a school	10979
district, and shall be made directly with the bidder in the manner	10980
and upon the terms, conditions, and limitations as to giving bond	10981
or bid guaranties as prescribed by law~~, unless it is let as a~~	10982
~~whole, or to bidders for more than one kind of work or materials.~~	10983
~~Sections 153.50 to 153.52 of the Revised Code do not apply to the~~	10984
~~erection of buildings and other structures which cost less than~~	10985
~~fifty thousand dollars~~.	10986

Sec. 153.53. (A) As used in this section, "rate of	10987
inflation" has the same meaning as in section 107.032 of the	10988
Revised Code.	10989

(B) Five years after the effective date of this section and	10990
every five years thereafter, the director of administrative	10991
services shall evaluate the monetary threshold specified in	10992
section 153.01 of the Revised Code and adopt rules adjusting that	10993
amount based on the average rate of inflation during each of the	10994
previous five years immediately preceding such adjustment.	10995

Sec. 153.54. (A) ~~Each~~Except with respect to a contract	10996
described in section 9.334 or 153.693 of the Revised Code, each	10997
person bidding for a contract with the state or any political	10998
subdivision, district, institution, or other agency thereof,	10999
excluding therefrom the department of transportation, for any	11000
public improvement shall file with the bid, a bid guaranty in the	11001
form of either:	11002

(1) A bond in accordance with division (B) of this section	11003
for the full amount of the bid;	11004

(2) A certified check, cashier's check, or letter of credit	11005
pursuant to Chapter 1305. of the Revised Code, in accordance with	11006
division (C) of this section. Any such letter of credit is	11007
revocable only at the option of the beneficiary state, political	11008
subdivision, district, institution, or agency. The amount of the	11009
certified check, cashier's check, or letter of credit shall be	11010
equal to ten per cent of the bid.	11011

(B) A bid guaranty filed pursuant to division (A)(1) of this	11012
section shall be conditioned to:	11013

(1) Provide that, if the bid is accepted, the bidder, after	11014
the awarding or the recommendation for the award of the contract,	11015
whichever the contracting authority designates, will enter into a	11016
proper contract in accordance with the bid, plans, details, and	11017
specifications~~, and bills of material~~. If for any reason, other	11018
than as authorized by section 9.31 of the Revised Code or division	11019
(G) of this section, the bidder fails to enter into the contract,	11020
and the contracting authority awards the contract to the next	11021
lowest bidder, the bidder and the surety on the bidder's bond are	11022
liable to the state, political subdivision, district, institution,	11023
or agency for the difference between the bid and that of the next	11024
lowest bidder, or for a penal sum not to exceed ten per cent of	11025
the amount of the bond, whichever is less. If the state, political	11026
subdivision, district, institution, or agency does not award the	11027
contract to the next lowest bidder but resubmits the project for	11028
bidding, the bidder failing to enter into the contract and the	11029
surety on the bidder's bond, except as provided in division (G) of	11030
this section, are liable to the state, political subdivision,	11031
district, institution, or agency for a penal sum not to exceed ten	11032
per cent of the amount of the bid or the costs in connection with	11033
the resubmission of printing new contract documents, required	11034
advertising, and printing and mailing notices to prospective	11035
bidders, whichever is less.	11036

(2) Indemnify the state, political subdivision, district,	11037
institution, or agency against all damage suffered by failure to	11038
perform the contract according to its provisions and in accordance	11039
with the plans, details, and specifications~~, and bills of material~~	11040
therefor and to pay all lawful claims of subcontractors, material	11041
suppliers, and laborers for labor performed or material furnished	11042
in carrying forward, performing, or completing the contract; and	11043
agree and assent that this undertaking is for the benefit of any	11044
subcontractor, material supplier, or laborer having a just claim,	11045
as well as for the state, political subdivision, district,	11046
institution, or agency.	11047

(C)(1) A bid guaranty filed pursuant to division (A)(2) of	11048
this section shall be conditioned to provide that if the bid is	11049
accepted, the bidder, after the awarding or the recommendation for	11050
the award of the contract, whichever the contracting authority	11051
designates, will enter into a proper contract in accordance with	11052
the bid, plans, details, specifications, and bills of material. If	11053
for any reason, other than as authorized by section 9.31 of the	11054
Revised Code or division (G) of this section, the bidder fails to	11055
enter into the contract, and the contracting authority awards the	11056
contract to the next lowest bidder, the bidder is liable to the	11057
state, political subdivision, district, institution, or agency for	11058
the difference between the bidder's bid and that of the next	11059
lowest bidder, or for a penal sum not to exceed ten per cent of	11060
the amount of the bid, whichever is less. If the state, political	11061
subdivision, district, institution, or agency does not award the	11062
contract to the next lowest bidder but resubmits the project for	11063
bidding, the bidder failing to enter into the contract, except as	11064
provided in division (G) of this section, is liable to the state,	11065
political subdivision, district, institution, or agency for a	11066
penal sum not to exceed ten per cent of the amount of the bid or	11067
the costs in connection with the resubmission, of printing new	11068
contract documents, required advertising, and printing and mailing	11069
notices to prospective bidders, whichever is less.	11070

If the bidder enters into the contract, the bidder, at the	11071
time the contract is entered to, shall file a bond for the amount	11072
of the contract to indemnify the state, political subdivision,	11073
district, institution, or agency against all damage suffered by	11074
failure to perform the contract according to its provisions and in	11075
accordance with the plans, details, and specifications~~, and bills~~	11076
~~of material therefor~~ and to pay all lawful claims of	11077
subcontractors, material suppliers, and laborers for labor	11078
performed or material furnished in carrying forward, performing,	11079
or completing the contract; and agree and assent that this	11080
undertaking is for the benefit of any subcontractor, material	11081
supplier, or laborer having a just claim, as well as for the	11082
state, political subdivision, district, institution, or agency.	11083

(2) A construction manager who enters into a contract	11084
pursuant to sections 9.33 to 9.333 of the Revised Code, if	11085
required by the public ~~owner~~authority at the time the	11086
construction manager enters into the contract, shall file a letter	11087
of credit pursuant to Chapter 1305. of the Revised Code, bond,	11088
certified check, or cashier's check, for the value of the	11089
construction management contract to indemnify the state, political	11090
subdivision, district, institution, or agency against all damage	11091
suffered by the construction manager's failure to perform the	11092
contract according to its provisions, and shall agree and assent	11093
that this undertaking is for the benefit of the state, political	11094
subdivision, district, institution, or agency. A letter of credit	11095
provided by the construction manager is revocable only at the	11096
option of the beneficiary state, political subdivision, district,	11097
institution, or agency.	11098

(D) Where the state, political subdivision, district,	11099
institution, or agency accepts a bid but the bidder fails or	11100
refuses to enter into a proper contract in accordance with the	11101
bid, plans, details, and specifications~~, and bills of material~~	11102
within ten days after the awarding of the contract, the bidder and	11103
the surety on any bond, except as provided in division (G) of this	11104
section, are liable for the amount of the difference between the	11105
bidder's bid and that of the next lowest bidder, but not in excess	11106
of the liability specified in division (B)(1) or (C) of this	11107
section. Where the state, political subdivision, district,	11108
institution, or agency then awards the bid to such next lowest	11109
bidder and such next lowest bidder also fails or refuses to enter	11110
into a proper contract in accordance with the bid, plans, details,	11111
and specifications~~, and bills of material~~ within ten days after	11112
the awarding of the contract, the liability of such next lowest	11113
bidder, except as provided in division (G) of this section, is the	11114
amount of the difference between the bids of such next lowest	11115
bidder and the third lowest bidder, but not in excess of the	11116
liability specified in division (B)(1) or (C) of this section.	11117
Liability on account of an award to any lowest bidder beyond the	11118
third lowest bidder shall be determined in like manner.	11119

(E) Notwithstanding division (C) of this section, where the	11120
state, political subdivision, district, institution, or agency	11121
resubmits the project for bidding, each bidder whose bid was	11122
accepted but who failed or refused to enter into a proper	11123
contract, except as provided in division (G) of this section, is	11124
liable for an equal share of a penal sum in connection with the	11125
resubmission, of printing new contract documents, required	11126
advertising, and printing and mailing notices to prospective	11127
bidders, but no bidder's liability shall exceed the amount of the	11128
bidder's bid guaranty.	11129

(F) All bid guaranties filed pursuant to this section shall	11130
be payable to the state, political subdivision, district,	11131
institution, or agency, be for the benefit of the state, political	11132
subdivision, district, institution, or agency or any person having	11133
a right of action thereon, and be deposited with, and held by, the	11134
board, officer, or agent contracting on behalf of the state,	11135
political subdivision, district, institution, or agency. All bonds	11136
filed pursuant to this section shall be issued by a surety company	11137
authorized to do business in this state as surety approved by the	11138
board, officer, or agent awarding the contract on behalf of the	11139
state, political subdivision, district, institution, or agency.	11140

(G) A bidder for a contract with the state or any political	11141
subdivision, district, institution, or other agency thereof,	11142
excluding therefrom the Ohio department of transportation, for a	11143
public improvement costing less than one-half million dollars may	11144
withdraw the bid from consideration if the bidder's bid for some	11145
other contract with the state or any political subdivision,	11146
district, institution, or other agency thereof, excluding	11147
therefrom the department of transportation, for the public	11148
improvement costing less than one-half million dollars has already	11149
been accepted, if the bidder certifies in good faith that the	11150
total amount of all the bidder's current contracts is less than	11151
one-half million dollars, and if the surety certifies in good	11152
faith that the bidder is unable to perform the subsequent contract	11153
because to do so would exceed the bidder's bonding capacity. If a	11154
bid is withdrawn under authority of this division, the contracting	11155
authority may award the contract to the next lowest bidder or	11156
reject all bids and resubmit the project for bidding, and neither	11157
the bidder nor the surety on the bidder's bond are liable for the	11158
difference between the bidder's bid and that of the next lowest	11159
bidder, for a penal sum, or for the costs of printing new contract	11160
documents, required advertising, and printing and mailing notices	11161
to prospective bidders.	11162

(H) Bid guaranties filed pursuant to division (A) of this	11163
section shall be returned to all unsuccessful bidders immediately	11164
after the contract is executed. The bid guaranty filed pursuant to	11165
division (A)(2) of this section shall be returned to the	11166
successful bidder upon filing of the bond required in division (C)	11167
of this section.	11168

(I) For the purposes of this section, "next lowest bidder"	11169
means, in the case of a political subdivision that has adopted the	11170
model Ohio and United States preference requirements promulgated	11171
pursuant to division (E) of section 125.11 of the Revised Code,	11172
the next lowest bidder that qualifies under those preference	11173
requirements.	11174

(J) For the purposes of this section and sections 153.56,	11175
153.57, and 153.571 of the Revised Code, "public improvement,"	11176
"subcontractor," "material supplier," "laborer," and "materials"	11177
have the same meanings as in section 1311.25 of the Revised Code.	11178

Sec. 153.55. (A) For purposes of calculating the amount of a	11179
public improvement project to determine whether it is subject to	11180
section 153.01 of the Revised Code, no officer, board, or other	11181
authority of the state or any institution supported by the state	11182
shall subdivide a public improvement project into component parts	11183
or separate projects in order to avoid the threshold of that	11184
section, unless the component parts or separate projects thus	11185
created are conceptually separate and unrelated to each other, or	11186
encompass independent or unrelated needs.	11187

(B) In calculating the project amount for purposes of the	11188
threshold in section 153.01 of the Revised Code, the following	11189
expenses shall be included as costs of the project:	11190

(1) Professional fees and expenses for services associated	11191
with the preparation of plans;	11192

(2) Permit costs, testing costs, and other fees associated	11193
with the work;	11194

(3) Project construction costs;

11195

(4) A contingency reserve fund.

11196

Sec. 153.56. (A) Any person to whom any money is due for	11197
labor or work performed or materials furnished in a public	11198
improvement as provided in section 153.54 of the Revised Code, at	11199
any time after performing the labor or work or furnishing the	11200
materials, but not later than ninety days after the completion of	11201
the contract by the principal contractor or design-build firm and	11202
the acceptance of the public improvement for which the bond was	11203
provided by the duly authorized board or officer, shall furnish	11204
the sureties on the bond, a statement of the amount due to the	11205
person.	11206

(B) A suit shall not be brought against sureties on the bond	11207
until after sixty days after the furnishing of the statement	11208
described in division (A) of this section. If the indebtedness is	11209
not paid in full at the expiration of that sixty days, and if the	11210
person complies with division (C) of this section, the person may	11211
bring an action in the person's own name upon the bond, as	11212
provided in sections 2307.06 and 2307.07 of the Revised Code, that	11213
action to be commenced, notwithstanding section 2305.12 of the	11214
Revised Code, not later than one year from the date of acceptance	11215
of the public improvement for which the bond was provided.	11216

(C) To exercise rights under this section, a subcontractor or	11217
materials supplier supplying labor or materials that cost more	11218
than thirty thousand dollars, who is not in direct privity of	11219
contract with the principal contractor or design-build firm for	11220
the public improvement, shall serve a notice of furnishing upon	11221
the principal contractor or design-build firm in the form provided	11222
in section 1311.261 of the Revised Code.	11223

(D) A subcontractor or materials supplier who serves a notice	11224
of furnishing under division (C) of this section as required to	11225
exercise rights under this section has the right of recovery only	11226
as to amounts owed for labor and work performed and materials	11227
furnished during and after the twenty-one days immediately	11228
preceding service of the notice of furnishing.	11229

(E) For purposes of this section~~, "principal~~:

11230

(1) "Design-build firm" has the same meaning as in section	11231
153.65 of the Revised Code.	11232

(2) "Principal contractor" has the same meaning as in section	11233
1311.25 of the Revised Code, and may include a "construction	11234
manager" and a "construction manager at risk" as defined in	11235
section 9.33 of the Revised Code.	11236

Sec. 153.57. (A) The bond provided for in division (B) of	11237
section 9.333, division (C)(1) of section 153.54, and division (C)	11238
of section 153.70 of the Revised Code shall be in substantially	11239
the following form, and recovery of any claimant thereunder shall	11240
be subject to sections 153.01 to 153.60 of the Revised Code, to	11241
the same extent as if the provisions of those sections were fully	11242
incorporated in the bond form:	11243

"KNOW ALL PERSONS BY THESE PRESENTS, that we, the undersigned	11244
............................ as principal and ...................	11245
as sureties, are hereby held and firmly bound unto	11246
................... in the penal sum of ............. dollars, for	11247
the payment of which well and truly to be made, we hereby jointly	11248
and severally bind ourselves, our heirs, executors,	11249
administrators, successors, and assigns.	11250

Signed this ............. day of ................, ....

11251

THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that whereas	11252
the above named principal did on the ................ day of	11253
....................., ...., enter into a contract with	11254
................., which said contract is made a part of this bond	11255
the same as though set forth herein;	11256

Now, if the said ....................... shall well and	11257
faithfully do and perform the things agreed by ..................	11258
to be done and performed according to the terms of said contract;	11259
and shall pay all lawful claims of subcontractors, material	11260
suppliers, and laborers, for labor performed and materials	11261
furnished in the carrying forward, performing, or completing of	11262
said contract; we agreeing and assenting that this undertaking	11263
shall be for the benefit of any material supplier or laborer	11264
having a just claim, as well as for the obligee herein; then this	11265
obligation shall be void; otherwise the same shall remain in full	11266
force and effect; it being expressly understood and agreed that	11267
the liability of the surety for any and all claims hereunder shall	11268
in no event exceed the penal amount of this obligation as herein	11269
stated.	11270

The said surety hereby stipulates and agrees that no	11271
modifications, omissions, or additions, in or to the terms of the	11272
said contract or in or to the plans or specifications therefor	11273
shall in any wise affect the obligations of said surety on its	11274
bond."	11275

(B) The bond provided for in division (C)(2) of section	11276
153.54 of the Revised Code shall be in substantially the following	11277
form:	11278

"KNOW ALL PERSONS BY THESE PRESENTS, that we, the undersigned	11279
......... as principal and ............. as sureties, are hereby	11280
held and firmly bound unto ............. in the penal sum of	11281
.............. dollars, for the payment of which well and truly be	11282
made, we hereby jointly and severally bind ourselves, our heirs,	11283
executors, administrators, successors, and assigns.	11284

Signed this ......... day of ........., .......

11285

THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that whereas	11286
the above named principal did on the ........ day of ........,	11287
......, entered into a contract with ............... which said	11288
contract is made a part of this bond the same as though set forth	11289
herein;	11290

Now, if the said ................ shall well and faithfully	11291
do and perform the things agreed by ............. to be done and	11292
performed according to the terms of the said contract; we agreeing	11293
and assenting that this undertaking shall be for the benefit of	11294
the obligee herein; then this obligation shall be void; otherwise	11295
the same shall remain in full force and effect; it being expressly	11296
understood and agreed that the liability of the surety for any and	11297
all claims hereunder shall in no event exceed the penal amount of	11298
the obligation as herein stated.	11299

The surety hereby stipulates and agrees that no	11300
modifications, omissions, or additions, in or to the terms of the	11301
contract shall in any way affect the obligation of the surety on	11302
its bond."	11303

Sec. 153.581. As used in sections 153.581 and 153.591 of the	11304
Revised Code:	11305

(A) "Public works contract" means any contract awarded by a	11306
contracting authority for the construction, engineering,	11307
alteration, or repair of any public building, public highway, or	11308
other public work.	11309

(B) "Contracting authority" means the state, any township,	11310
county, municipal corporation, school board, or other governmental	11311
entity empowered to award a public works contract, and any	11312
construction manager at risk as defined in section 9.33 of the	11313
Revised Code or design-build firm as defined in section 153.65 of	11314
the Revised Code awarding a subcontract.	11315

(C) "Contractor" means any person, partnership, corporation,	11316
or association that has been awarded a public works contract.	11317

Sec. 153.65. As used in sections 153.65 to ~~153.71~~153.73 of	11318
the Revised Code:	11319

(A)(1) "Public authority" means the state, a state	11320
institution of higher education as defined in section 3345.011 of	11321
the Revised Code, a county, township, municipal corporation,	11322
school district, or other political subdivision, or any public	11323
agency, authority, board, commission, instrumentality, or special	11324
purpose district of the state or of a ~~county, township, municipal~~	11325
~~corporation, school district, or other~~ political subdivision.	11326

(2) "Public authority" does not include the Ohio turnpike	11327
commission.	11328

(B) "Professional design firm" means any person legally	11329
engaged in rendering professional design services.	11330

(C) "Professional design services" means services within the	11331
scope of practice of an architect or landscape architect	11332
registered under Chapter 4703. of the Revised Code or a	11333
professional engineer or surveyor registered under Chapter 4733.	11334
of the Revised Code.	11335

(D) "Qualifications" means all of the following:

11336

(1) ~~Competence of the~~(a) For a professional design firm,	11337
competence to perform the required professional design services as	11338
indicated by the technical training, education, and experience of	11339
the firm's personnel, especially the technical training,	11340
education, and experience of the employees within the firm who	11341
would be assigned to perform the services;	11342

(b) For a design-build firm, competence to perform the	11343
required design-build services as indicated by the technical	11344
training, education, and experience of the design-build firm's	11345
personnel and key consultants, especially the technical training,	11346
education, and experience of the employees and consultants of the	11347
design-build firm who would be assigned to perform the services,	11348
including the proposed architect of record.	11349

(2) Ability of the firm in terms of its workload and the	11350
availability of qualified personnel, equipment, and facilities to	11351
perform the required professional design services or design-build	11352
services competently and expeditiously;	11353

(3) Past performance of the firm as reflected by the	11354
evaluations of previous clients with respect to such factors as	11355
control of costs, quality of work, and meeting of deadlines;	11356

(4) Any other relevant factors as determined by the public	11357
authority;	11358

(5) With respect to a design-build firm, compliance with	11359
sections 4703.182, 4703.332, and 4733.16 of the Revised Code,	11360
including the use of a licensed professional for all design	11361
services.	11362

(E) "Design-build contract" means a contract between a public	11363
authority and another person that obligates the person to provide	11364
design-build services.	11365

(F) "Design-build firm" means a person capable of providing	11366
design-build services.	11367

(G) "Design-build services" means services that form an	11368
integrated delivery system for which a person is responsible to a	11369
public authority for both the design and construction, demolition,	11370
alteration, repair, or reconstruction of a public improvement.	11371

(H) "Architect of record" means the architect that serves as	11372
the final signatory on the plans and specifications for the	11373
design-build project.	11374

(I) "Criteria architect or engineer" means the architect or	11375
engineer retained by a public authority to prepare conceptual	11376
plans and specifications, to assist the public authority in	11377
connection with the establishment of the design criteria for a	11378
design-build project, and, if requested by the public authority,	11379
to serve as the representative of the public authority and	11380
provide, during the design-build project, other design and	11381
construction administration services on behalf of the public	11382
authority, including but not limited to, confirming that the	11383
design prepared by the design-build firm reflects the original	11384
design intent established in the design criteria package.	11385

(J) "Open book pricing method" means a method in which a	11386
design-build firm provides the public authority, at the public	11387
authority's request, all books, records, documents, contracts,	11388
subcontracts, purchase orders, and other data in its possession	11389
pertaining to the bidding, pricing, or performance of a contract	11390
for design-build services awarded to the design-build firm.	11391

Sec. 153.66. (A) Each public authority planning to contract	11392
for professional design services or design-build services shall	11393
encourage professional design firms and design-build firms to	11394
submit a statement of qualifications and update the statements at	11395
regular intervals.	11396

(B) Notwithstanding any contrary requirements in sections	11397
153.65 to 153.70 of the Revised Code, for every design-build	11398
contract, each public authority planning to contract for	11399
design-build services shall evaluate the statements of	11400
qualifications submitted by design-build firms for the project,	11401
including the qualifications of the design-build firm's proposed	11402
architect of record, in consultation with the criteria architect	11403
or engineer before selecting a design-build firm pursuant to	11404
section 153.693 of the Revised Code.	11405

Sec. 153.67. Each public authority planning to contract for	11406
professional design services or design-build services shall	11407
publicly announce all contracts available from it for such	11408
services. The announcements shall:	11409

(A) Be made in a uniform and consistent manner and shall be	11410
made sufficiently in advance of the time that responses must be	11411
received from qualified professional design firms or design-build	11412
firms for the firms to have an adequate opportunity to submit a	11413
statement of interest in the project;	11414

(B) Include a general description of the project, a statement	11415
of the specific professional design services or design-build	11416
services required, and a description of the qualifications	11417
required for the project;	11418

(C) Indicate how qualified professional design firms or	11419
design-build firms may submit statements of qualifications in	11420
order to be considered for a contract to design or design-build	11421
the project;	11422

(D) Be sent to ~~either~~any of the following that the public	11423
authority considers appropriate:	11424

(1) ~~Each professional design firm that has a current~~	11425
~~statement of qualifications on file with the public authority and~~	11426
~~is qualified to perform the required professional design services~~	11427
Design-build firms, including contractors or other entities that	11428
seek to perform the work as a design-build firm;	11429

(2) Architect, landscape architect, engineer, and surveyor	11430
~~trade~~ associations~~, the~~;	11431

(3) The news media~~, and any~~;

11432

(4) Any publications or other public media ~~that the public~~	11433
~~authority considers appropriate~~, including electronic media.	11434

Sec. 153.69. For every professional design services	11435
contract, each public authority planning to contract for	11436
professional design services shall evaluate the statements of	11437
qualifications ~~of professional design firms currently on file,~~	11438
~~together with those that are~~ submitted by ~~other~~ professional	11439
design firms specifically regarding the project, and may hold	11440
discussions with individual firms to explore further the firms'	11441
statements of qualifications, the scope and nature of the services	11442
the firms would provide, and the various technical approaches the	11443
firms may take toward the project. Following this evaluation, the	11444
public authority shall:	11445

(A) Select and rank no fewer than three firms which it	11446
considers to be the most qualified to provide the required	11447
professional design services, except when the public authority	11448
determines in writing that fewer than three qualified firms are	11449
available in which case the public authority shall select and rank	11450
those firms;	11451

(B) Negotiate a contract with the firm ranked most qualified	11452
to perform the required services at a compensation determined in	11453
writing to be fair and reasonable to the public authority.	11454
Contract negotiations shall be directed toward:	11455

(1) Ensuring that the professional design firm and the agency	11456
have a mutual understanding of the essential requirements involved	11457
in providing the required services;	11458

(2) Determining that the firm will make available the	11459
necessary personnel, equipment, and facilities to perform the	11460
services within the required time;	11461

(3) Agreeing upon compensation which is fair and reasonable,	11462
taking into account the estimated value, scope, complexity, and	11463
nature of the services.	11464

(C) If a contract is negotiated with the firm ranked to	11465
perform the required services most qualified, the public authority	11466
shall, if applicable under section 127.16 of the Revised Code,	11467
request approval of the board to make expenditures under the	11468
contract.	11469

(D) Upon failure to negotiate a contract with the firm ranked	11470
most qualified, the public authority shall inform the firm in	11471
writing of the termination of negotiations and may enter into	11472
negotiations with the firm ranked next most qualified. If	11473
negotiations again fail, the same procedure ~~shall~~may be followed	11474
with each next most qualified firm selected and ranked pursuant to	11475
division (A) of this section, in order of ranking, until a	11476
contract is negotiated.	11477

(E) Should the public authority fail to negotiate a contract	11478
with any of the firms selected pursuant to division (A) of this	11479
section, the public authority ~~shall~~may select and rank additional	11480
firms, based on their qualifications, and negotiations ~~shall~~may	11481
continue as with the firms selected and ranked initially until a	11482
contract is negotiated.	11483

(F) Nothing in this section affects a public authority's	11484
right to accept or reject any or all proposals in whole or in	11485
part.	11486

Sec. 153.692. For every design-build contract, the public	11487
authority planning to contract for design-build services shall	11488
first obtain the services of a criteria architect or engineer by	11489
doing either of the following:	11490

(A) Contracting for the services consistent with sections	11491
153.65 to 153.70 of the Revised Code;	11492

(B) Obtaining the services through an architect or engineer	11493
who is an employee of the public authority and notifying the	11494
department of administrative services before the services are	11495
performed.	11496

Sec. 153.693. (A) For every design-build contract, the	11497
public authority planning to contract for design-build services,	11498
in consultation with the criteria architect or engineer, shall	11499
evaluate the statements of qualifications submitted by	11500
design-build firms specifically regarding the project, including	11501
the design-build firm's proposed architect of record. Following	11502
this evaluation, the public authority shall:	11503

(1) Select and rank not fewer than three firms which it	11504
considers to be the most qualified to provide the required	11505
design-build services, except that the public authority shall	11506
select and rank fewer than three firms when the public authority	11507
determines in writing that fewer than three qualified firms are	11508
available;	11509

(2) Provide each selected design-build firm with all of the	11510
following:	11511

(a) A description of the project and project delivery;

11512

(b) The design criteria produced by the criteria architect or	11513
engineer under section 153.692 of the Revised Code;	11514

11515

(d) A description of any preconstruction services;

11516

(e) A description of the proposed design services;

11517

(f) A description of a guaranteed maximum price, including	11518
the estimated level of design on which such guaranteed maximum	11519
price is based;	11520

(g) The form of the design-build services contract;

11521

(h) A request for a pricing proposal that shall be divided	11522
into a design services fee and a preconstruction and design-build	11523
services fee. The pricing proposal of each design-build firm shall	11524
include at least all of the following:	11525

(i) A list of key personnel and consultants for the project;

11526

(ii) Design concepts adhering to the design criteria produced	11527
by the criteria architect or engineer under section 153.692 of the	11528
Revised Code;	11529

(iii) The design-build firm's statement of general conditions	11530
and estimated contingency requirements;	11531

(iv) A preliminary project schedule.

11532

(3) Evaluate the pricing proposal submitted by each selected	11533
firm and, at its discretion, hold discussions with each firm to	11534
further investigate its pricing proposal, including the scope and	11535
nature of the firm's proposed services and potential technical	11536
approaches;	11537

(4) Rank the selected firms based on the public authority's	11538
evaluation of the value of each firm's pricing proposal, with such	11539
evaluation considering each firm's proposed costs and	11540
qualifications;	11541

(5) Enter into contract negotiations for design-build	11542
services with the design-build firm whose pricing proposal the	11543
public authority determines to be the best value under this	11544
section.	11545

(B) In complying with division (A)(5) of this section,	11546
contract negotiations shall be directed toward:	11547

(1) Ensuring that the design-build firm and the public	11548
authority mutually understand the essential requirements involved	11549
in providing the required design-build services, the provisions	11550
for the use of contingency funds, and the terms of the contract,	11551
including terms related to the possible distribution of savings in	11552
the final costs of the project;	11553

(2) Ensuring that the design-build firm shall be able to	11554
provide the necessary personnel, equipment, and facilities to	11555
perform the design-build services within the time required by the	11556
design-build construction contract;	11557

(3) Agreeing upon a procedure and schedule for determining a	11558
guaranteed maximum price using an open book pricing method that	11559
shall represent the total maximum amount to be paid by the public	11560
authority to the design-build firm for the project and that shall	11561
include the costs of all work, the cost of its general conditions,	11562
the contingency, and the fee payable to the design-build firm.	11563

(C) If the public authority fails to negotiate a contract	11564
with the design-build firm whose pricing proposal the public	11565
authority determines to be the best value as determined under this	11566
section, the public authority shall inform the design-build firm	11567
in writing of the termination of negotiations. The public	11568
authority may then do the following:	11569

(1) Negotiate a contract with a design-build firm ranked next	11570
highest under this section following the negotiation procedure	11571
described in this section;	11572

(2) If negotiations fail with the design-build firm under	11573
division (C)(1) of this section, negotiate a contract with the	11574
design-build firm ranked next highest under this section following	11575
the negotiation procedure described in this section and continue	11576
negotiating with the design-build firms selected under this	11577
section in the order of their ranking until a contract is	11578
negotiated.	11579

(D) If the public authority fails to negotiate a contract	11580
with a design-build firm whose pricing proposal the public	11581
authority determines to be the best value as determined under this	11582
section, it may select additional design-build firms to provide	11583
pricing proposals to the public authority pursuant to this section	11584
or may select an alternative delivery method for the project.	11585

(E) The public authority may provide a stipend for pricing	11586
proposals received from design-build firms.	11587

(F) Nothing in this section affects a public authority's	11588
right to accept or reject any or all proposals in whole or in	11589
part.	11590

Sec. 153.694. If a professional design firm selected as the	11591
criteria architect or engineer creates the preliminary criteria	11592
and design criteria for a project and provides professional design	11593
services to a public authority to assist that public authority in	11594
evaluating the design-build requirements provided to the public	11595
authority by a design-build firm pursuant to section 153.692 of	11596
the Revised Code, that professional design firm shall not provide	11597
any design-build services pursuant to a design-build contract	11598
under section 153.693 of the Revised Code.	11599

Sec. 153.70. (A) Except for any person providing	11600
professional design services of a research or training nature, any	11601
person rendering professional design services to a public	11602
authority or to a design-build firm, including a criteria	11603
architect or engineer and person performing architect of record	11604
services, shall have and maintain, or be covered by, during the	11605
period the services are rendered, a professional liability	11606
insurance policy or policies with a company or companies that are	11607
authorized to do business in this state and that afford	11608
professional liability coverage for the professional design	11609
services rendered. The insurance shall be in amount considered	11610
sufficient by the public authority. At the public authority's	11611
discretion, the design-build firm shall carry contractor's	11612
professional liability insurance and any other insurance the	11613
public authority considers appropriate.	11614

(B) The requirement for professional liability insurance set	11615
forth in division (A) of this section may be waived by the public	11616
authority for good cause, or the public authority may allow the	11617
person providing the professional design services to provide other	11618
assurances of financial responsibility.	11619

(C) Before construction begins pursuant to a contract for	11620
design-build services with a design-build firm, the design-build	11621
firm shall provide a surety bond to the public authority in	11622
accordance with section 153.57 of the Revised Code in an amount	11623
not less than the combined contract values of any work under	11624
contract to be constructed pursuant to the contract for	11625
design-build services prior to the establishment of the guaranteed	11626
maximum price or in the amount of the guaranteed maximum price as	11627
agreed to by the public authority, as the case may be.	11628

Sec. 153.71. Any public authority planning to contract for	11629
professional design services or design-build services may adopt,	11630
amend, or rescind rules, in accordance with Chapter 119. of the	11631
Revised Code, to implement sections 153.66 to 153.70 of the	11632
Revised Code. Sections 153.66 to 153.70 of the Revised Code do not	11633
apply to any of the following:	11634

(A) Any project with an estimated professional design fee of	11635
less than twenty-five thousand dollars;	11636

(B) Any project determined in writing by the public authority	11637
head to be an emergency requiring immediate action including, but	11638
not limited to, any projects requiring multiple contracts let as	11639
part of a program requiring a large number of professional design	11640
firms of the same type;	11641

(C) Any public authority that is not empowered by law to	11642
contract for professional design services.	11643

Sec. 153.72. A design-build firm contracted for design-build	11644
services by a public authority may do either of the following:	11645

(A) Perform design, construction, demolition, alteration,	11646
repair, or reconstruction work pursuant to such contract;	11647

(B) Perform professional design services when contracted by a	11648
public authority for design-build services even if the	11649
design-build firm is not a professional design firm.	11650

Sec. 153.73. The requirements set forth in sections 153.65	11651
to 153.72 of the Revised Code for the bidding, selection, and	11652
award of a contract for professional design services or	11653
design-build services by a public authority prevail in the event	11654
of any conflict with any other provision of this chapter.	11655

Sec. 153.80. (A) A contract for the construction,	11656
demolition, alteration, repair, or reconstruction of a public	11657
improvement entered into on or after ~~the effective date of this~~	11658
~~section~~April 16, 1993, shall be deemed to include the provisions	11659
contained in division (B) of this section.	11660

(B)(1) In regard to any bond filed by the contractor for the	11661
work contracted, the contracting authority, in its sole	11662
discretion, may reduce the bond required by twenty-five per cent	11663
of the total amount of the bond after at least fifty per cent of	11664
the work contracted for has been completed and by fifty per cent	11665
after at least seventy-five per cent of the work contracted for	11666
has been completed provided that all of the following conditions	11667
are met:	11668

(a) The contracting authority determines that the percentage	11669
of the work that has been completed at the time of determination	11670
has been satisfactorily performed and meets the terms of the	11671
contract, including a provision in regard to the time when the	11672
whole or any specified portion of work contemplated in the	11673
contract must be completed;	11674

(b) The contracting authority determines that no disputed	11675
claim caused by the contractor exists or remains unresolved;	11676

(c) The successful bid upon which the contract is based was	11677
not more than ten per cent below the next lowest bid or not more	11678
than ten per cent below a cost estimate for the work as published	11679
by the contracting authority.	11680

(2) In regard to the amount of any funds retained, the	11681
contracting authority, in its sole discretion, may reduce the	11682
amount of funds retained pursuant to ~~section~~sections 153.12 and	11683
153.14 of the Revised Code for the faithful performance of work by	11684
fifty per cent of the amount of funds required to be retained	11685
pursuant to those sections, provided that the surety on the bond	11686
remains liable for all of the following that are caused due to	11687
default by the contractor:	11688

(a) Completion of the job;

11689

(b) All delay claims;

11690

11691

(d) All additional expenses incurred by the contracting	11692
authority.	11693

11694

(1) "Contracting authority" means an officer, board, or other	11695
authority of the state, a county, township, municipal corporation,	11696
or school district, or of any other political subdivision of the	11697
state, authorized to contract for the construction, demolition,	11698
alteration, repair, or reconstruction of a public improvement, and	11699
any construction manager at risk as defined in section 9.33 of the	11700
Revised Code or design-build firm as defined in section 153.65 of	11701
the Revised Code awarding a subcontract, but does not include an	11702
officer, board, or other authority of the department of	11703
transportation.	11704

(2) "Delay claim" means a claim that arises due to default on	11705
provisions in a contract in regard to the time when the whole or	11706
any specified portion of work contemplated in the contract must be	11707
completed.	11708

Sec. 154.02. (A) Pursuant to the provisions of Chapter 154.	11709
of the Revised Code, the issuing authority may issue obligations	11710
as from time to time authorized by or pursuant to act or	11711
resolution of the general assembly, consistent with such	11712
limitations thereon, subject to section 154.12 of the Revised	11713
Code, as the general assembly may thereby prescribe as to	11714
principal amount, bond service charges, or otherwise, and shall	11715
cause the proceeds thereof to be applied to those capital	11716
facilities designated by or pursuant to act of the general	11717
assembly for any of the following:	11718

(1) Mental hygiene and retardation, including housing for	11719
mental hygiene and retardation patients under Section 16 of	11720
Article VIII, Ohio Constitution;	11721

(2) State supported and assisted institutions of higher	11722
education, including community or technical ~~education~~colleges;	11723

(3) Parks and recreation;

11724

(4) Ohio cultural facilities;

11725

(5) Ohio sports facilities;

11726

(6) Housing of branches and agencies of state government.

11727

(B) The authority provided by Chapter 154. of the Revised	11728
Code is in addition to any other authority provided by law for the	11729
same or similar purposes, except as may otherwise specifically be	11730
provided in Chapter 154. of the Revised Code. In case any section	11731
or provision of Chapter 154. of the Revised Code or in case any	11732
covenant, stipulation, obligation, resolution, trust agreement,	11733
indenture, lease agreement, act, or action, or part thereof, made,	11734
assumed, entered into, or taken under Chapter 154. of the Revised	11735
Code, or any application thereof, is for any reason held to be	11736
illegal or invalid, such illegality or invalidity shall not affect	11737
the remainder thereof or any other section or provision of Chapter	11738
154. of the Revised Code or any other covenant, stipulation,	11739
obligation, resolution, trust agreement, indenture, lease,	11740
agreement, act, or action, or part thereof, made, assumed, entered	11741
into, or taken under such chapter, which shall be construed and	11742
enforced as if such illegal or invalid portion were not contained	11743
therein, nor shall such illegality or invalidity or any	11744
application thereof affect any legal and valid application	11745
thereof, and each such section, provision, covenant, stipulation,	11746
obligation, resolution, trust agreement, indenture, lease,	11747
agreement, act, or action, or part thereof, shall be deemed to be	11748
effective, operative, made, entered into or taken in the manner	11749
and to the full extent permitted by law.	11750

Sec. 154.07. For the respective purposes provided in	11751
sections 154.20, 154.21, 154.22, ~~and~~ 154.23, 154.24, and 154.25 of	11752
the Revised Code, the issuing authority may issue obligations of	11753
the state of Ohio as provided in Chapter 154. of the Revised Code,	11754
provided that the holders or owners of obligations shall have no	11755
right to have excises or taxes levied by the general assembly for	11756
the payment of the bond service charges. The right of holders and	11757
owners to payment of bond service charges shall be limited to the	11758
revenues or receipts and funds pledged thereto in accordance with	11759
Chapter 154. of the Revised Code, and each obligation shall bear	11760
on its face a statement to that effect. Chapter 154. of the	11761
Revised Code does not permit, and no provision of that chapter	11762
shall be applied to authorize or grant, a pledge of charges for	11763
the treatment or care of mental hygiene and retardation patients	11764
to bond service charges on obligations other than those issued for	11765
capital facilities for mental hygiene and retardation, or a pledge	11766
of any receipts of or on behalf of state supported or state	11767
assisted institutions of higher education to bond service charges	11768
on obligations other than those issued for capital facilities for	11769
state supported or state assisted institutions of higher	11770
education, or a pledge of receipts with respect to parks and	11771
recreation to bond service charges on obligations other than those	11772
issued for capital facilities for parks and recreation, or a	11773
pledge of revenues or receipts received by or on behalf of any	11774
state agency to bond service charges on obligations other than	11775
those issued for capital facilities which are in whole or in part	11776
useful to, constructed by, or financed by the state agency that	11777
receives the revenues or receipts so pledged.	11778

Sec. 154.24. (A) In addition to the definitions provided in	11779
section 154.01 of the Revised Code:	11780

(1) "Capital facilities" includes, for purposes of this	11781
section, storage and parking facilities related to such capital	11782
facilities.	11783

(2) "Costs of capital facilities" includes, for purposes of	11784
this section, the costs of assessing, planning, and altering	11785
capital facilities, and the financing thereof, all related direct	11786
administrative expenses and allocable portions of direct costs of	11787
lessee state agencies, and all other expenses necessary or	11788
incident to the assessment, planning, alteration, maintenance,	11789
equipment, or furnishing of capital facilities and the placing of	11790
the same in use and operation, including any one, part of, or	11791
combination of such classes of costs and expenses.	11792

(3) "Governmental agency" includes, for purposes of this	11793
section, any state of the United States or any department,	11794
division, or agency of any state.	11795

(4) "State agency" includes, for purposes of this section,	11796
branches, authorities, courts, the general assembly, counties,	11797
municipal corporations, and any other governmental entities of	11798
this state that enter into leases with the commission pursuant to	11799
this section or that are designated by law as state agencies for	11800
the purpose of performing a state function that is to be housed by	11801
a capital facility for which the issuing authority is authorized	11802
to issue revenue obligations pursuant to this section.	11803

(B) Subject to authorization by the general assembly under	11804
section 154.02 of the Revised Code, the issuing authority may	11805
issue obligations pursuant to this chapter to pay costs of capital	11806
facilities for housing branches and agencies of state government,	11807
including capital facilities for the purpose of housing personnel,	11808
equipment, or functions, or any combination thereof that a state	11809
agency is responsible for housing, including obligations to pay	11810
the costs of capital facilities described in section 307.021 of	11811
the Revised Code, and the costs of capital facilities in which one	11812
or more state agencies are participating with the federal	11813
government, municipal corporations, counties, or other	11814
governmental entities, or any one or more of them, and in which	11815
that portion of the facility allocated to the participating state	11816
agencies is to be used for the purpose of housing branches and	11817
agencies of state government including housing personnel,	11818
equipment, or functions, or any combination thereof. Such	11819
participation may be by grants, loans, or contributions to other	11820
participating governmental agencies for any of those capital	11821
facilities.	11822

(C) The commission may lease any capital facilities for	11823
housing branches and agencies of state government to, and make or	11824
provide for other agreements with respect to the use or purchase	11825
of such capital facilities with, any state agency or governmental	11826
agency having authority under law to operate such capital	11827
facilities.	11828

(D)(1) For purposes of this division, "available receipts"	11829
means fees, charges, revenues, grants, subsidies, income from the	11830
investment of moneys, proceeds from the sale of goods or services,	11831
and all other revenues or receipts derived from the operation,	11832
leasing, or other disposition of capital facilities financed with	11833
obligations issued under this section or received by or on behalf	11834
of any state agency for which capital facilities are financed with	11835
obligations issued under this section or any state agency	11836
participating in or by which the capital facilities are	11837
constructed or financed; the proceeds of obligations issued under	11838
this section and sections 154.11 or 154.12 of the Revised Code;	11839
and any moneys appropriated by a governmental agency, and gifts,	11840
grants, donations, and pledges, and receipts therefrom, available	11841
for the payment of bond service charges on such obligations.	11842

(2) The issuing authority may pledge all, or such portion as	11843
it determines, of the available receipts to the payment of bond	11844
service charges on obligations issued under this section and	11845
section 154.11 or 154.12 of the Revised Code and for the	11846
establishment and maintenance of any reserves, as provided in the	11847
bond proceedings, and make other provisions therein with respect	11848
to such available receipts as authorized by this chapter, which	11849
provisions shall be controlling notwithstanding any other	11850
provision of law pertaining thereto.	11851

(E) There is hereby created one or more funds, as determined	11852
by the issuing authority in the bond proceedings, with identifying	11853
names as the issuing authority determines, which shall be in the	11854
custody of the treasurer of state but shall be separate and apart	11855
from and not a part of the state treasury. All money received by	11856
or on account of the issuing authority or the commission and	11857
required by the applicable bond proceedings to be deposited,	11858
transferred, or credited to a bond service fund created pursuant	11859
to this section, and all other money transferred or allocated to	11860
or received for the purposes of that fund, shall be deposited with	11861
the treasurer of state and credited to the applicable fund,	11862
subject to applicable provisions of the bond proceedings, but	11863
without necessity of any act or appropriation. Any bond service	11864
fund created pursuant to this section is a trust fund hereby	11865
pledged to the payment of bond service charges on the applicable	11866
obligations issued pursuant to this section and section 154.11 or	11867
154.12 of the Revised Code to the extent provided in the	11868
applicable bond proceedings, and payment thereof from such funds	11869
shall be made or provided for by the treasurer of state in	11870
accordance with the applicable bond proceedings without necessity	11871
for any act or appropriation. The director of budget and	11872
management may also create one or more improvement funds, with	11873
identifying names as the director determines, which shall be in	11874
the state treasury, to receive the proceeds of obligations issued	11875
under this section appropriated to fund costs of capital	11876
facilities.	11877

(F) This section is to be applied with other applicable	11878
provisions of this chapter.	11879

Sec. 154.25. (A) As used in this section:

11880

(1) "Available community or technical college receipts" means	11881
all money received by a community or technical college or	11882
community or technical college district, including income,	11883
revenues, and receipts from the operation, ownership, or control	11884
of facilities, grants, gifts, donations, and pledges and receipts	11885
therefrom, receipts from fees and charges, the allocated state	11886
share of instruction as defined in section 3333.90 of the Revised	11887
Code, and the proceeds of the sale of obligations, including	11888
proceeds of obligations issued to refund obligations previously	11889
issued, but excluding any special fee, and receipts therefrom,	11890
charged pursuant to division (D) of section 154.21 of the Revised	11891
Code.	11892

(2) "Community or technical college," "college," "community	11893
or technical college district," and "district" have the same	11894
meanings as in section 3333.90 of the Revised Code.	11895

(3) "Community or technical college capital facilities" means	11896
auxiliary facilities, education facilities, and housing and dining	11897
facilities, as those terms are defined in section 3345.12 of the	11898
Revised Code, to the extent permitted to be financed by the	11899
issuance of obligations under division (A)(2) of section 3357.112	11900
of the Revised Code, that are authorized by sections 3354.121,	11901
3357.112, and 3358.10 of the Revised Code to be financed by	11902
obligations issued by a community or technical college district,	11903
and for which the issuing authority is authorized to issue	11904
obligations pursuant to this section, and includes any one, part	11905
of, or any combination of the foregoing, and further includes site	11906
improvements, utilities, machinery, furnishings, and any separate	11907
or connected buildings, structures, improvements, sites, open	11908
space and green space areas, utilities, or equipment to be used	11909
in, or in connection with the operation or maintenance of, or	11910
supplementing or otherwise related to the services or facilities	11911
to be provided by, such facilities.	11912

(4) "Cost of community or technical college capital	11913
facilities" means the costs of acquiring, constructing,	11914
reconstructing, rehabilitating, remodeling, renovating, enlarging,	11915
improving, equipping, or furnishing community or technical college	11916
capital facilities, and the financing thereof, including the cost	11917
of clearance and preparation of the site and of any land to be	11918
used in connection with community or technical college capital	11919
facilities, the cost of any indemnity and surety bonds and	11920
premiums on insurance, all related direct administrative expenses	11921
and allocable portions of direct costs of the commission and the	11922
issuing authority, community or technical college or community or	11923
technical college district, cost of engineering, architectural	11924
services, design, plans, specifications and surveys, estimates of	11925
cost, legal fees, fees and expenses of trustees, depositories,	11926
bond registrars, and paying agents for obligations, cost of	11927
issuance of obligations and financing costs and fees and expenses	11928
of financial advisers and consultants in connection therewith,	11929
interest on obligations from the date thereof to the time when	11930
interest is to be covered by available receipts or other sources	11931
other than proceeds of those obligations, amounts necessary to	11932
establish reserves as required by the bond proceedings, costs of	11933
audits, the reimbursements of all moneys advanced or applied by or	11934
borrowed from the community or technical college, community or	11935
technical college district, or others, from whatever source	11936
provided, including any temporary advances from state	11937
appropriations, for the payment of any item or items of cost of	11938
community or technical college facilities, and all other expenses	11939
necessary or incident to planning or determining feasibility or	11940
practicability with respect to such facilities, and such other	11941
expenses as may be necessary or incident to the acquisition,	11942
construction, reconstruction, rehabilitation, remodeling,	11943
renovation, enlargement, improvement, equipment, and furnishing of	11944
community or technical college capital facilities, the financing	11945
thereof and the placing of them in use and operation, including	11946
any one, part of, or combination of such classes of costs and	11947
expenses.	11948

(5) "Capital facilities" includes community or technical	11949
college capital facilities.	11950

(6) "Obligations" has the same meaning as in section 154.01	11951
or 3345.12 of the Revised Code, as the context requires.	11952

(B) The issuing authority is authorized to issue revenue	11953
obligations under Section 2i of Article VIII, Ohio Constitution,	11954
on behalf of a community or technical college district and shall	11955
cause the net proceeds thereof, after any deposits of accrued	11956
interest for the payment of bond service charges and after any	11957
deposit of all or such lesser portion as the issuing authority may	11958
direct of the premium received upon the sale of those obligations	11959
for the payment of the bond service charges, to be applied to the	11960
cost of community or technical college capital facilities,	11961
provided that the issuance of such obligations is subject to the	11962
execution of a written agreement in accordance with division (C)	11963
of section 3333.90 of the Revised Code for the withholding and	11964
depositing of funds otherwise due the district, or the college it	11965
operates, in respect of its allocated state share of instruction.	11966

(C) The bond service charges and all other payments required	11967
to be made by the trust agreement or indenture securing the	11968
obligations shall be payable solely from available community or	11969
technical college receipts pledged thereto as provided in the	11970
resolution. The available community or technical college receipts	11971
pledged and thereafter received by the commission are immediately	11972
subject to the lien of such pledge without any physical delivery	11973
thereof or further act, and the lien of any such pledge is valid	11974
and binding against all parties having claims of any kind against	11975
the authority, irrespective of whether those parties have notice	11976
thereof, and creates a perfected security interest for all	11977
purposes of Chapter 1309. of the Revised Code and a perfected lien	11978
for purposes of any real property interest, all without the	11979
necessity for separation or delivery of funds or for the filing or	11980
recording of the resolution, trust agreement, indenture, or other	11981
agreement by which such pledge is created or any certificate,	11982
statement, or other document with respect thereto; and the pledge	11983
of such available community or technical college receipts is	11984
effective and the money therefrom and thereof may be applied to	11985
the purposes for which pledged. Every pledge, and every covenant	11986
and agreement made with respect to the pledge, made in the	11987
resolution may therein be extended to the benefit of the owners	11988
and holders of obligations authorized by this section, and to any	11989
trustee therefor, for the further securing of the payment of the	11990
bond service charges, and all or any rights under any agreement or	11991
lease made under this section may be assigned for such purpose.	11992

(D) This section is to be applied with other applicable	11993
provisions of this chapter.	11994

Sec. 164.02. (A) There is hereby created the Ohio public	11995
works commission consisting of seven members who shall be	11996
appointed as follows: two persons shall be appointed by the	11997
speaker of the house of representatives; one person shall be	11998
appointed by the minority leader of the house of representatives;	11999
two persons shall be appointed by the president of the senate; one	12000
person shall be appointed by the minority leader of the senate;	12001
and one person from the private sector, who shall have at least	12002
eight years experience in matters of public finance, shall be	12003
appointed alternately by the speaker of the house of	12004
representatives and the president of the senate, with the speaker	12005
of the house making the first appointment. The director of	12006
transportation, the director of environmental protection, the	12007
director of development, the director of natural resources, and	12008
the chairperson of the Ohio water development authority shall be	12009
nonvoting, ex officio members of the commission. The initial	12010
appointments made to the commission by the minority leaders of the	12011
senate and house of representatives and one of the initial	12012
appointments made by the speaker of the house of representatives	12013
and the president of the senate shall be for terms ending December	12014
31, 1989; one of the initial appointments made by the speaker of	12015
the house of representatives and the president of the senate shall	12016
be for terms ending December 31, 1990; and the initial term of the	12017
appointment to the commission that is alternately made by the	12018
speaker of the house of representatives and the president of the	12019
senate shall be for a term ending December 31, 1989. Thereafter,	12020
terms of office shall be for three years, each term ending on the	12021
same day of the same month of the year as did the term which it	12022
succeeds. Each member shall hold office from the date of	12023
appointment until the end of the term for which the member is	12024
appointed. Members may be reappointed one time. Vacancies shall be	12025
filled in the same manner provided for original appointments. Any	12026
member appointed to fill a vacancy occurring prior to the	12027
expiration date of the term for which the member's predecessor was	12028
appointed shall hold office for the remainder of that term. A	12029
member shall continue in office subsequent to the expiration date	12030
of the member's term until the member's successor takes office or	12031
until a period of sixty days has elapsed, whichever occurs first.	12032

The commission shall elect a chairperson, vice-chairperson,	12033
and other officers as it considers advisable. Four members	12034
constitute a quorum. Members of the commission shall serve without	12035
compensation but shall be reimbursed for their actual and	12036
necessary expenses incurred in the performance of their duties.	12037

(B) The Ohio public works commission shall:

12038

(1) Review and evaluate persons who will be recommended to	12039
the governor for appointment to the position of director of the	12040
Ohio public works commission, and, when the commission considers	12041
it appropriate, recommend the removal of a director;	12042

(2) Provide the governor with a list of names of three	12043
persons who are, in the judgment of the commission, qualified to	12044
be appointed to the position of director. The commission shall	12045
provide the list, which may include the name of the incumbent	12046
director to the governor, not later than sixty days prior to the	12047
expiration of the term of such incumbent director. A director	12048
shall serve a two-year term upon initial appointment, and	12049
four-year terms if subsequently reappointed by the governor;	12050
however, the governor may remove a director at any time following	12051
the commission's recommendation of such action. Upon the	12052
expiration of a director's term, or in the case of the	12053
resignation, death, or removal of a director, the commission shall	12054
provide such list of the names of three persons to the governor	12055
within thirty days of such expiration, resignation, death, or	12056
removal. Nothing in this section shall prevent the governor, in	12057
the governor's discretion, from rejecting all of the nominees of	12058
the commission and requiring the commission to select three	12059
additional nominees. However, when the governor has requested and	12060
received a second list of three additional names, the governor	12061
shall make the appointment from one of the names on the first list	12062
or the second list. Appointment by the governor is subject to the	12063
advice and consent of the senate.	12064

In the case of the resignation, removal, or death of the	12065
director during the director's term of office, a successor shall	12066
be chosen for the remainder of the term in the same manner as is	12067
provided for an original appointment.	12068

(3) Provide oversight to the director and advise in the	12069
development of policy guidelines for the implementation of this	12070
chapter, and report and make recommendations to the general	12071
assembly with respect to such implementation;	12072

(4) Adopt bylaws to govern the conduct of the commission's	12073
business;	12074

(5) Appoint the members of the Ohio small government capital	12075
improvements commission in accordance with division (C) of this	12076
section.	12077

(C)(1) There is hereby created the Ohio small government	12078
capital improvements commission. The commission shall consist of	12079
ten members, including the director of transportation, the	12080
director of environmental protection, and the chairperson of the	12081
Ohio water development authority as nonvoting, ex officio members	12082
and seven voting members appointed by the Ohio public works	12083
commission. Each such appointee shall be a member of a ~~district~~	12084
~~public works~~local government integrating and innovation committee	12085
who was appointed to the integrating and innovation committee	12086
pursuant to the majority vote of the chief executive officers of	12087
the villages of the appointee's district or by a majority of the	12088
boards of township trustees of the appointee's district.	12089

(2) Two of the initial appointments shall be for terms ending	12090
two years after March 29, 1988. The remaining initial appointments	12091
shall be for terms ending three years after March 29, 1988.	12092
Thereafter, terms of office shall be for two years, with each term	12093
ending on the same date of the same month as did the term that it	12094
succeeds. Each member shall hold office from the date of	12095
appointment until the end of the term for which the member is	12096
appointed. Vacancies shall be filled in the same manner as	12097
original appointments. Any member appointed to fill a vacancy	12098
occurring prior to the expiration date of the term for which the	12099
member's predecessor was appointed shall hold office as a member	12100
for the remainder of that term. A member shall continue in office	12101
subsequent to the expiration of the member's term until the	12102
member's successor takes office or until a period of sixty days	12103
has elapsed, whichever occurs first. Members of the commission may	12104
be reappointed to serve two additional terms, except that no	12105
member appointed to an initial term of three years may be	12106
reappointed to more than one additional term. No more than two	12107
members of the commission may be members of the same ~~district~~	12108
~~public works~~local government integrating and innovation	12109
committee.	12110

(3) The Ohio small government capital improvements commission	12111
shall elect one of its appointed members as chairperson and	12112
another as vice-chairperson. Four voting members of the commission	12113
constitute a quorum, and the affirmative vote of four appointed	12114
members is required for any action taken by vote of the	12115
commission. No vacancy in the membership of the commission shall	12116
impair the right of a quorum by an affirmative vote of four	12117
appointed members to exercise all rights and perform all duties of	12118
the commission. Members of the commission shall serve without	12119
compensation, but shall be reimbursed for their actual and	12120
necessary expenses incurred in the performance of their duties.	12121

(D) The Ohio small government capital improvements commission	12122
shall:	12123

(1) Advise the general assembly on the development of policy	12124
guidelines for the implementation of this chapter, especially as	12125
it relates to the interests of small governments and the use of	12126
the portion of bond proceeds set aside for the exclusive use of	12127
townships and villages;	12128

(2) Advise the township and village subcommittees of the	12129
various ~~district public works~~local government integrating and	12130
innovation committees concerning the selection of projects for	12131
which the use of such proceeds will be authorized;	12132

(3) Affirm or overrule the recommendations of its	12133
administrator made in accordance with section 164.051 of the	12134
Revised Code concerning requests from townships and villages for	12135
financial assistance for capital improvement projects.	12136

(E) Membership on the Ohio public works commission or the	12137
Ohio small government capital improvements commission does not	12138
constitute the holding of a public office. No appointed member	12139
shall be required, by reason of section 101.26 of the Revised	12140
Code, to resign from or forfeit membership in the general	12141
assembly.	12142

Notwithstanding any provision of law to the contrary, a	12143
county, municipal, or township public official may serve as a	12144
member of the Ohio public works commission or the Ohio small	12145
government capital improvements commission.	12146

Members of the commissions established by this section do not	12147
have an unlawful interest in a public contract under section	12148
2921.42 of the Revised Code solely by virtue of the receipt of	12149
financial assistance under this chapter by the local subdivision	12150
of which they are also a public official or appointee.	12151

(F) The director of the Ohio public works commission shall	12152
administer the small counties capital improvement program, which	12153
is hereby created. The program shall provide financial assistance	12154
to county governments of counties that have a population of less	12155
than eighty-five thousand according to the most recent decennial	12156
census. Under the program, the director shall review and may	12157
approve projects submitted by subcommittees of ~~district public~~	12158
~~works~~local government integrating and innovation committees under	12159
division (E) of section 164.06 of the Revised Code. In approving	12160
projects, the director shall be guided by the provisions of	12161
division (B) of that section, while taking into consideration the	12162
special capital improvement needs of small counties.	12163

Sec. 164.04. (A) In each of the districts created in section	12164
164.03 of the Revised Code, a ~~district public works~~local	12165
government integrating and innovation committee shall be	12166
established as follows:	12167

(1) In district one, the district committee shall consist of	12168
seven members appointed as follows: two members shall be appointed	12169
by the board of county commissioners or the chief executive	12170
officer of the county; two members shall be appointed by the chief	12171
executive officer of the most populous municipal corporation in	12172
the district; two members shall be appointed by a majority of the	12173
chief executive officers of the other municipal corporations	12174
located within the district; and one member, who shall have	12175
experience in local infrastructure planning and economic	12176
development and who shall represent the interests of private	12177
industry within the district, shall be appointed by a majority of	12178
the members of the district committee or their alternates. Except	12179
with respect to the selection of the private sector member of the	12180
committee, the affirmative vote of at least five committee members	12181
or their alternates is required for any action taken by a vote of	12182
the committee.	12183

(2) In district two, the district committee shall consist of	12184
nine members appointed as follows: two members shall be appointed	12185
by the board of county commissioners; three members shall be	12186
appointed by the chief executive officer of the most populous	12187
municipal corporation in the district; two members shall be	12188
appointed by a majority of the other chief executive officers of	12189
municipal corporations in the district; and two members shall be	12190
appointed by a majority of the boards of township trustees in the	12191
district. Of the members appointed by the board of county	12192
commissioners, one member shall have experience in local	12193
infrastructure planning and economic development, and one member	12194
shall be either a county commissioner or a county engineer of the	12195
district. The affirmative vote of at least seven members of the	12196
committee or their alternates is required for any action taken by	12197
a vote of the committee.	12198

(3) In districts three, four, eight, twelve, and nineteen,	12199
the district committee shall consist of nine members appointed as	12200
follows: two members shall be appointed by the board of county	12201
commissioners or by the chief executive officer of the county; two	12202
members shall be appointed by the chief executive officer of the	12203
most populous municipal corporation located within the district;	12204
two members shall be appointed by a majority of the other chief	12205
executive officers of the municipal corporations located in the	12206
district; two members shall be appointed by a majority of the	12207
boards of township trustees located in the district; and one	12208
member, who shall have experience in local infrastructure planning	12209
and economic development and who shall represent the interests of	12210
private industry within the district, shall be appointed by a	12211
majority of the members of the committee or their alternates.	12212
Except with respect to the selection of the private sector member	12213
of the committee, the affirmative vote of at least seven committee	12214
members or their alternates is required for any action taken by a	12215
vote of the committee.	12216

(4) In district six, the district committee shall consist of	12217
nine members appointed as follows: one member shall be appointed	12218
by the board of county commissioners of each county in the	12219
district; one member shall be appointed by the chief executive	12220
officer of the most populous municipal corporation in each county	12221
in the district; one member shall be appointed alternately by a	12222
majority of the chief executives of the municipal corporations,	12223
other than the largest municipal corporation, within one of the	12224
counties of the district; and one member shall be appointed	12225
alternately by a majority of the boards of township trustees	12226
within one of the counties in the district. The two persons who	12227
are the county engineers of the counties in the district also	12228
shall be members of the committee. At least six of these members	12229
or their alternates shall agree upon the appointment to the	12230
committee of a private sector person who shall have experience in	12231
local infrastructure planning and economic development. The	12232
affirmative vote of seven committee members or their alternates is	12233
required for any action taken by a vote of the committee.	12234

The first appointment to the committee made by the majority	12235
of the boards of township trustees of a county shall be made by	12236
the boards of township trustees located in the least populous	12237
county of the district, and the first appointment made by the	12238
majority of the chief executives of municipal corporations, other	12239
than the largest municipal corporation, of a county shall be made	12240
by the chief executives of municipal corporations, other than the	12241
largest municipal corporation, from the most populous county in	12242
the district.	12243

Notwithstanding division (C) of this section, the members of	12244
the district committee appointed alternately by a majority of the	12245
chief executive officers of municipal corporations, other than the	12246
largest municipal corporation, of a county and a majority of	12247
boards of township trustees of a county shall serve five-year	12248
terms.	12249

(5) In districts seven, nine, and ten, the district committee	12250
shall consist of two members appointed by the board of county	12251
commissioners of each county in the district, two members	12252
appointed by a majority of the chief executive officers of all	12253
cities within each county in the district, three members appointed	12254
by a majority of the boards of township trustees of all townships	12255
in the district, three members appointed by a majority of chief	12256
executive officers of all villages in the district, one member who	12257
is appointed by a majority of the county engineers in the district	12258
and who shall be a county engineer, and one member, who shall have	12259
experience in local infrastructure planning and economic	12260
development, shall be appointed by a majority of all other	12261
committee members or their alternates. If there is a county in the	12262
district in which there are no cities, the member that is to be	12263
appointed by the chief executive officers of the cities within	12264
that county shall be appointed by the chief executive officer of	12265
the village with the largest population in that county.	12266

(6) In districts five, eleven, and thirteen through eighteen,	12267
the members of each district committee shall be appointed as	12268
follows: one member shall be appointed by each board of county	12269
commissioners; one member shall be appointed by the majority of	12270
the chief executive officers of the cities located in each county;	12271
three members shall be appointed by a majority of the chief	12272
executive officers of villages located within the district; three	12273
members shall be appointed by a majority of the boards of township	12274
trustees located within the district; one member shall be	12275
appointed by a majority of the county engineers of the district	12276
and shall be a county engineer; and one member, who shall have	12277
experience in local infrastructure planning and economic	12278
development and who shall represent the interests of private	12279
industry within the district, shall be appointed by a majority of	12280
the members of the committee or their alternates. If there is a	12281
county in the district in which there are no cities, the member	12282
that is to be appointed by the chief executive officers of the	12283
cities within that county shall be appointed by the chief	12284
executive officer of the village with the largest population in	12285
that county.	12286

(7) In districts five, seven, nine, ten, eleven, thirteen,	12287
fourteen, sixteen, and seventeen organized in accordance with	12288
divisions (A)(5) and (6) of this section, a nine-member executive	12289
committee shall be established that shall include at least one of	12290
the persons appointed to the district committee by the chief	12291
executive officers of the villages within the district, at least	12292
one of the persons appointed to the district committee by the	12293
boards of township trustees within the district, the person	12294
appointed to the district committee to represent the interests of	12295
private industry, and six additional district committee members	12296
selected to serve on the executive committee by a majority of the	12297
members of the district committee or their alternates, except that	12298
not more than three persons who were appointed to the district	12299
committee by a board of county commissioners and not more than	12300
three persons who were appointed to the district committee by the	12301
chief executives of the cities located in the district shall serve	12302
on the executive committee.	12303

(8) In districts fifteen and eighteen organized in accordance	12304
with division (A)(6) of this section, an eleven-member executive	12305
committee shall be established that shall include at least one of	12306
the persons appointed to the district committee by the chief	12307
executive officers of the villages within the district, at least	12308
one of the persons appointed to the district committee by the	12309
boards of township trustees within the district, the person	12310
appointed to the district committee to represent the interests of	12311
private industry, and eight additional district committee members	12312
selected to serve on the executive committee by a majority of the	12313
members of the district committee or their alternates, except that	12314
not more than four persons who were appointed to the district	12315
committee by a board of county commissioners and not more than	12316
four persons who were appointed to the district committee by the	12317
chief executives of the cities located in the district shall serve	12318
on the executive committee. No more than two persons from each	12319
county shall be on the executive committee.	12320

All decisions of a district committee required to be	12321
organized in accordance with divisions (A)(5) and (6) of this	12322
section shall be approved by its executive committee. The	12323
affirmative vote of at least seven executive committee members or	12324
their alternates for executive committees formed under division	12325
(A)(7) of this section and at least nine members or their	12326
alternates for executive committees formed under division (A)(8)	12327
of this section is required for any action taken by vote of the	12328
executive committee, except that any decision of the executive	12329
committee may be rejected by a vote of at least two-thirds of the	12330
full membership of the district committee within thirty days of	12331
the executive committee action. Only projects approved by the	12332
executive committee may be submitted to the director of the Ohio	12333
public works commission pursuant to section 164.05 of the Revised	12334
Code.	12335

(B) Appointing authorities that appoint district committee	12336
members also may appoint an alternate for each committee member	12337
appointed under divisions (A)(1) to (6) of this section. If a	12338
district committee member is absent from a district or executive	12339
committee or subcommittee meeting, the alternate has the right to	12340
vote and participate in all proceedings and actions at that	12341
meeting.	12342

(C) Terms of office for members of district committees and	12343
their alternates shall be for three years, with each term ending	12344
on the same day of the same month as did the term that it	12345
succeeds. Each member and that member's alternate shall hold	12346
office from the date of appointment until the end of the term for	12347
which the member is appointed, except that, with respect to any	12348
member who was an elected or appointed official of a township,	12349
county, or municipal corporation or that member's alternate, the	12350
term of office for that person under this section shall not extend	12351
beyond the member's term as an elected or appointed official	12352
unless the member was appointed by a group of officials of more	12353
than one political subdivision or the members of the district	12354
committee, in which case the member's alternate shall continue to	12355
serve for the full term. Members and their alternates may be	12356
reappointed. Vacancies shall be filled in the same manner provided	12357
for original appointments. Any member or that member's alternate	12358
appointed to fill a vacancy occurring prior to the expiration date	12359
of the term for which the member's or alternate's predecessor was	12360
appointed shall hold office for the remainder of that term. A	12361
member or that member's alternate shall continue in office	12362
subsequent to the expiration date of the member's or alternate's	12363
term until the member's or alternate's successor takes office or	12364
until a period of sixty days has elapsed, whichever occurs first.	12365
Each ~~district public works~~local government integrating and	12366
innovation committee shall elect a chairperson, vice-chairperson,	12367
and other officers it considers advisable.	12368

(D) For purposes of this chapter, if a subdivision is located	12369
in more than one county or in more than one district, the	12370
subdivision shall be deemed to be a part of the county or district	12371
in which the largest number of its population is located. However,	12372
if after a decennial census the change in a subdivision's	12373
population would result in the subdivision becoming part of a	12374
different county or district, the legislative authority of the	12375
subdivision may, by resolution, choose to remain a part of the	12376
county or district of which the subdivision was originally deemed	12377
to be a part. Such a decision is not revocable unless similar	12378
conditions arise following the next decennial census.	12379

(E) Notwithstanding any provision of law to the contrary, a	12380
county, municipal, or township public official may serve as a	12381
member of a ~~district public works~~local government integrating and	12382
innovation committee.	12383

(F) A member of a district committee or that member's	12384
alternate does not have an unlawful interest in a public contract	12385
under section 2921.42 of the Revised Code solely by virtue of the	12386
receipt of financial assistance under this chapter by the local	12387
subdivision of which the member or that member's alternate is also	12388
a public official or appointee.	12389

Sec. 164.05. (A) The director of the Ohio public works	12390
commission shall do all of the following:	12391

(1) Approve requests for financial assistance from ~~district~~	12392
~~public works~~local government integrating and innovation	12393
committees and enter into agreements with one or more local	12394
subdivisions to provide loans, grants, and local debt support and	12395
credit enhancements for a capital improvement project if the	12396
director determines that:	12397

(a) The project is an eligible project pursuant to this	12398
chapter;	12399

(b) The financial assistance for the project has been	12400
properly approved and requested by the district committee of the	12401
district which includes the recipient of the loan or grant;	12402

(c) The amount of the financial assistance, when added to all	12403
other financial assistance provided during the fiscal year for	12404
projects within the district, does not exceed that district's	12405
allocation of money from the state capital improvements fund for	12406
that fiscal year;	12407

(d) The district committee has provided such documentation	12408
and other evidence as the director may require that the district	12409
committee has satisfied the requirements of section 164.06 or	12410
164.14 of the Revised Code;	12411

(e) The portion of a district's annual allocation which the	12412
director approves in the form of loans and local debt support and	12413
credit enhancements for eligible projects is consistent with	12414
divisions (E) and (F) of this section.	12415

(2) Authorize payments to local subdivisions or their	12416
contractors for costs incurred for capital improvement projects	12417
which have been approved pursuant to this chapter. All requests	12418
for payments shall be submitted to the director on forms and in	12419
accordance with procedures specified in rules adopted by the	12420
director pursuant to division (A)(4) of this section.	12421

(3) Retain the services of or employ financial consultants,	12422
engineers, accountants, attorneys, and such other employees as the	12423
director determines are necessary to carry out the director's	12424
duties under this chapter and fix the compensation for their	12425
services;	12426

(4) Adopt rules establishing the procedures for making	12427
applications, reviewing, approving, and rejecting projects for	12428
which assistance is authorized under this chapter, and any other	12429
rules needed to implement the provisions of this chapter. Such	12430
rules shall be adopted under Chapter 119. of the Revised Code.	12431

(5) Provide information and other assistance to local	12432
subdivisions and ~~district public works~~local government	12433
integrating and innovation committees in developing their requests	12434
for financial assistance for capital improvements under this	12435
chapter and encourage cooperation and coordination of requests and	12436
the development of multisubdivision and multidistrict projects in	12437
order to maximize the benefits that may be derived by districts	12438
from each year's allocation;	12439

(6) Require local subdivisions, to the extent practicable, to	12440
use Ohio products, materials, services, and labor in connection	12441
with any capital improvement project financed in whole or in part	12442
under this chapter;	12443

(7) Notify the director of budget and management of all	12444
approved projects, and supply all information necessary to track	12445
approved projects through the state accounting system;	12446

(8) Appoint the administrator of the Ohio small government	12447
capital improvements commission;	12448

(9) Do all other acts, enter into contracts, and execute all	12449
instruments necessary or appropriate to carry out this chapter;	12450

(10) Develop a standardized methodology for evaluating	12451
capital improvement needs which will be used by local subdivisions	12452
in preparing the plans required by division (C) of section 164.06	12453
of the Revised Code. The director shall develop this methodology	12454
not later than July 1, 1991.	12455

(11) Establish a program to provide local subdivisions with	12456
technical assistance in preparing project applications. The	12457
program shall be designed to assist local subdivisions that lack	12458
the financial or technical resources to prepare project	12459
applications on their own.	12460

(B) When the director of the Ohio public works commission	12461
decides to conditionally approve or disapprove projects, the	12462
director's decisions and the reasons for which they are made shall	12463
be made in writing. These written decisions shall be conclusive	12464
for the purposes of the validity and enforceability of such	12465
determinations.	12466

(C) Fees, charges, rates of interest, times of payment of	12467
interest and principal, and other terms, conditions, and	12468
provisions of and security for financial assistance provided	12469
pursuant to the provisions of this chapter shall be such as the	12470
director determines to be appropriate. If any payments required by	12471
a loan agreement entered into pursuant to this chapter are not	12472
paid, the funds which would otherwise be apportioned to the local	12473
subdivision from the county undivided local government fund,	12474
pursuant to sections 5747.51 to 5747.53 of the Revised Code, may,	12475
at the direction of the director of the Ohio public works	12476
commission, be reduced by the amount payable. The county treasurer	12477
shall, at the direction of the director, pay the amount of such	12478
reductions to the state capital improvements revolving loan fund.	12479
The director may renegotiate a loan repayment schedule with a	12480
local subdivision whose payments from the county undivided local	12481
government fund could be reduced pursuant to this division, but	12482
such a renegotiation may occur only one time with respect to any	12483
particular loan agreement.	12484

(D) Grants approved for the repair and replacement of	12485
existing infrastructure pursuant to this chapter shall not exceed	12486
ninety per cent of the estimated total cost of the capital	12487
improvement project. Grants approved for new or expanded	12488
infrastructure shall not exceed fifty per cent of the estimated	12489
cost of the new or expansion elements of the capital improvement	12490
project. A local subdivision share of the estimated cost of a	12491
capital improvement may consist of any of the following:	12492

(1) The reasonable value, as determined by the director or	12493
the administrator, of labor, materials, and equipment that will be	12494
contributed by the local subdivision in performing the capital	12495
improvement project;	12496

(2) Moneys received by the local subdivision in any form from	12497
an authority, commission, or agency of the United States for use	12498
in performing the capital improvement project;	12499

(3) Loans made to the local subdivision under this chapter;

12500

(4) Engineering costs incurred by the local subdivision in	12501
performing engineering activities related to the project.	12502

A local subdivision share of the cost of a capital	12503
improvement shall not include any amounts awarded to it from the	12504
local transportation improvement program fund created in section	12505
164.14 of the Revised Code.	12506

(E) The following portion of a ~~district public works~~local	12507
government integrating and innovation committee's annual	12508
allocation share pursuant to section 164.08 of the Revised Code	12509
may be awarded to subdivisions only in the form of interest-free,	12510
low-interest, market rate of interest, or blended-rate loans:	12511

YEAR IN WHICH	PORTION USED FOR	12512
MONEYS ARE ALLOCATED	LOANS	12513
Year 1	0%	12514
Year 2	0%	12515
Year 3	10%	12516
Year 4	12%	12517
Year 5	15%	12518
Year 6	20%	12519
Year 7, 8, 9, and 10	22%	12520

(F) The following portion of a ~~district public works~~local	12521
government integrating and innovation committee's annual	12522
allocation pursuant to section 164.08 of the Revised Code shall be	12523
awarded to subdivisions in the form of local debt supported and	12524
credit enhancements:	12525

	PORTIONS USED FOR	12526
YEAR IN WHICH	LOCAL DEBT SUPPORT	12527
MONEYS ARE ALLOCATED	AND CREDIT ENHANCEMENTS	12528
Year 1	0%	12529
Year 2	0%	12530
Year 3	3%	12531
Year 4	5%	12532
Year 5	5%	12533
Year 6	7%	12534
Year 7	7%	12535
Year 8	8%	12536
Year 9	8%	12537
Year 10	8%	12538

(G) For the period commencing on March 29, 1988 and ending on	12539
June 30, 1993, for the period commencing July 1, 1993, and ending	12540
June 30, 1999, and for each five-year period thereafter, the total	12541
amount of financial assistance awarded under sections 164.01 to	12542
164.08 of the Revised Code for capital improvement projects	12543
located wholly or partially within a county shall be equal to at	12544
least thirty per cent of the amount of what the county would have	12545
been allocated from the obligations authorized to be sold under	12546
this chapter during each period, if such amounts had been	12547
allocable to each county on a per capita basis.	12548

(H) The amount of the annual allocations made pursuant to	12549
divisions (B)(1) and (6) of section 164.08 of the Revised Code	12550
which can be used for new or expanded infrastructure is limited as	12551
follows:	12552

	PORTION WHICH MAY	12553
YEAR IN WHICH	BE USED FOR NEW OR	12554
MONEYS ARE ALLOCATED	EXPANSION INFRASTRUCTURE	12555
Year 1	5%	12556
Year 2	5%	12557
Year 3	10%	12558
Year 4	10%	12559
Year 5	10%	12560
Year 6	15%	12561
Year 7	15%	12562
Year 8	20%	12563
Year 9	20%	12564
Year 10 and each year		12565
thereafter	20%	12566

(I) The following portion of a ~~district public works~~local	12567
government integrating and innovation committee's annual	12568
allocation share pursuant to section 164.08 of the Revised Code	12569
shall be awarded to subdivisions in the form of interest-free,	12570
low-interest, market rate of interest, or blended-rate loans, or	12571
local debt support and credit enhancements:	12572

	PORTION USED FOR LOANS	12573
YEAR IN WHICH	OR LOCAL DEBT SUPPORT	12574
MONEYS ARE ALLOCATED	AND CREDIT ENHANCEMENTS	12575
Year 11 and each year		12576
thereafter	20%	12577

(J) No project shall be approved under this section unless	12578
the project is designed to have a useful life of at least seven	12579
years. In addition, the average useful life of all projects for	12580
which grants or loans are awarded in each district during a	12581
program year shall not be less than twenty years.	12582

Sec. 164.051. (A) The administrator of the Ohio small	12583
government capital improvements commission shall review projects	12584
submitted to ~~him~~the administrator by subcommittees of ~~district~~	12585
~~public works~~local government integrating and innovation	12586
committees in accordance with section 164.06 of the Revised Code.	12587
If hethe administrator determines that a project satisfies the	12588
criteria of division (B) of that section, while taking into	12589
consideration the special needs of villages and townships, the	12590
administrator shall recommend to the Ohio small government capital	12591
improvements commission that the project be approved. If hethe	12592
administrator determines that a project should not be approved or	12593
that a decision on the project should be delayed, such	12594
determinations and an explanation should also be sent to the Ohio	12595
small government capital improvements commission for final	12596
resolution.	12597

(B) With respect to projects which the Ohio small government	12598
capital improvements commission approves, the administrator is	12599
authorized to:	12600

(1) Enter into agreements to provide financial assistance in	12601
the form of loans, grants, or local debt support and credit	12602
enhancements to villages or townships with populations in the	12603
unincorporated areas of the township of less than five thousand;	12604

(2) Authorize payments to such villages or townships or their	12605
contractors for the costs incurred for capital improvement	12606
projects which have been approved in accordance with this chapter.	12607
All requests for payments shall be submitted to the administrator	12608
on forms and in accordance with procedures specified in rules	12609
adopted pursuant to division (A)(4) of section 164.05 of the	12610
Revised Code.	12611

(3) Notify the director of budget and management of all	12612
approved projects, and supply all information necessary to track	12613
the approved projects through the state accounting system.	12614

(4) Do all other acts and enter into contracts and execute	12615
all instruments necessary or appropriate to carry out this	12616
section.	12617

(C) Fees, charges, rates of interest, times of payment of	12618
interest and principal, and other terms, conditions, and	12619
provisions of and security for financial assistance provided	12620
pursuant to the provisions of this section shall be such as the	12621
administrator determines to be appropriate. If any payments	12622
required by a loan agreement entered into pursuant to this section	12623
are not paid, the funds which would otherwise be apportioned to	12624
the local subdivision from the county undivided local government	12625
fund, pursuant to sections 5747.51 to 5747.53 of the Revised Code,	12626
may, at the direction of the Ohio small government capital	12627
improvements commission, be reduced by the amount payable. The	12628
county treasurer shall, at the direction of the commission, pay	12629
the amount of such reductions to the state capital improvements	12630
revolving loan fund. Subject to the approval of the Ohio small	12631
government capital improvements commission, the administrator may	12632
renegotiate a loan repayment schedule with a local subdivision	12633
whose payments from the county undivided local government fund	12634
could be reduced pursuant to this division, but such a	12635
renegotiation may occur only one time with respect to any	12636
particular loan agreement.	12637

Sec. 164.06. (A) Each ~~district public works~~local government	12638
integrating and innovation committee shall evaluate materials	12639
submitted to it by the local subdivisions located in the district	12640
concerning capital improvements for which assistance is sought	12641
from the state capital improvements fund and shall, pursuant to	12642
division (B) of this section, select the requests for financial	12643
assistance that will be formally submitted by the district to the	12644
director of the Ohio public works commission. In order to provide	12645
for the efficient use of the district's state capital improvements	12646
fund allocation each year, a district committee shall assist its	12647
subdivisions in the preparation and coordination of project plans.	12648

(B) In selecting the requests for assistance for capital	12649
improvement projects which will be submitted to the director, and	12650
in determining the nature, amount, and terms of the assistance	12651
that will be requested, a ~~district public works~~local government	12652
integrating and innovation committee shall give priority to	12653
capital improvement projects for the repair or replacement of	12654
existing infrastructure and which would be unlikely to be	12655
undertaken without assistance under this chapter, and shall	12656
specifically consider all of the following factors:	12657

(1) The infrastructure repair and replacement needs of the	12658
district;	12659

(2) The age and condition of the system to be repaired or	12660
replaced;	12661

(3) Whether the project would generate revenue in the form of	12662
user fees or assessments;	12663

(4) The importance of the project to the health and safety of	12664
the citizens of the district;	12665

(5) The cost of the project and whether it is consistent with	12666
division (G) of section 164.05 of the Revised Code and the	12667
district's allocation for grants, loans, and local debt support	12668
and credit enhancements for that year;	12669

(6) The effort and ability of the benefited local	12670
subdivisions to assist in financing the project;	12671

(7) The availability of federal or other funds for the	12672
project;	12673

(8) The overall economic health of the particular local	12674
subdivision;	12675

(9) The adequacy of the planning for the project and the	12676
readiness of the applicant to proceed should the project be	12677
approved;	12678

(10) Any other factors relevant to a particular project.

12679

(C) Prior to filing an application with its ~~district public~~	12680
~~works~~local government integrating and innovation committee for	12681
assistance in financing a capital improvement project under this	12682
section, a local subdivision shall conduct a study of its existing	12683
capital improvements, the condition of those improvements, and the	12684
projected capital improvement needs of the subdivision in the	12685
ensuing five-year period. After completing this study, the	12686
subdivision shall compile a report that includes an inventory of	12687
its existing capital improvements, a plan detailing the capital	12688
improvement needs of the subdivision in the ensuing five-year	12689
period, and a list of the subdivision's priorities with respect to	12690
addressing those needs. Each year, the report shall be reviewed	12691
and updated by the subdivision to reflect capital improvement	12692
projects undertaken or completed in the past year and any changes	12693
in the subdivision's plan or priorities. The report and annual	12694
updates shall be made available upon request to the Ohio public	12695
works commission, the Ohio small government capital improvements	12696
commission, and the ~~district public works~~local government	12697
integrating and innovation committee of the district of which the	12698
subdivision is a part.	12699

(D) In addition to reviewing and selecting the projects for	12700
which approval will be sought from the director of the Ohio public	12701
works commission for financial assistance from the state capital	12702
improvements fund, each ~~district public works~~local government	12703
integrating and innovation committee shall appoint a subcommittee	12704
of its members that will represent the interests of villages and	12705
townships and that will review and select the capital improvement	12706
projects which will be submitted by the subcommittee to the	12707
administrator of the Ohio small government capital improvements	12708
commission for consideration of assistance from the portion of the	12709
net proceeds of obligations issued and sold by the treasurer of	12710
state which is allocated pursuant to division (B)(1) of section	12711
164.08 of the Revised Code. In reviewing and approving the	12712
projects selected by its subcommittee, the administrator, and the	12713
Ohio small government capital improvements commission shall be	12714
guided by the provisions of division (B) of this section, and	12715
shall also take into account the fact that villages and townships	12716
may have different public infrastructure needs than larger	12717
subdivisions.	12718

(E) The ~~district public works~~local government integrating	12719
and innovation committee for each district that includes at least	12720
one county with a population of less than eighty-five thousand	12721
according to the most recent decennial census shall appoint a	12722
subcommittee of its members for the purposes of the small counties	12723
capital improvement program created under division (F) of section	12724
164.02 of the Revised Code. The subcommittee shall select and	12725
submit to the director the projects that will be considered for	12726
assistance from the money allocated to the program under division	12727
(B)(4) of section 164.08 of the Revised Code.	12728

Sec. 164.08. (A) Except as provided in sections 151.01 and	12729
151.08 or section 164.09 of the Revised Code, the net proceeds of	12730
obligations issued and sold by the treasurer of state pursuant to	12731
section 164.09 of the Revised Code before September 30, 2000, or	12732
pursuant to sections 151.01 and 151.08 of the Revised Code, for	12733
the purpose of financing or assisting in the financing of the cost	12734
of public infrastructure capital improvement projects of local	12735
subdivisions, as provided for in Section 2k, 2m, or 2p of Article	12736
VIII, Ohio Constitution, and this chapter, shall be paid into the	12737
state capital improvements fund, which is hereby created in the	12738
state treasury. Investment earnings on moneys in the fund shall be	12739
credited to the fund.	12740

(B) Beginning July 1, 2011, each program year the amount of	12741
obligations authorized by the general assembly in accordance with	12742
sections 151.01 and 151.08 or section 164.09 of the Revised Code,	12743
excluding the proceeds of refunding or renewal obligations, shall	12744
be allocated by the director of the Ohio public works commission	12745
as follows:	12746

(1) First, fifteen million dollars of the amount of	12747
obligations authorized shall be allocated to provide financial	12748
assistance to villages and to townships with populations in the	12749
unincorporated areas of the township of less than five thousand	12750
persons, for capital improvements in accordance with section	12751
164.051 and division (D) of section 164.06 of the Revised Code. As	12752
used in division (B)(1) of this section, "capital improvements"	12753
includes resurfacing and improving roads.	12754

(2) Following the allocation required by division (B)(1) of	12755
this section, the director may allocate three million dollars of	12756
the authorized obligations to provide financial assistance to	12757
local subdivisions for capital improvement projects which in the	12758
judgment of the director of the Ohio public works commission are	12759
necessary for the immediate preservation of the health, safety,	12760
and welfare of the citizens of the local subdivision requesting	12761
assistance.	12762

(3) For the second, third, fourth, and fifth years that	12763
obligations are authorized and are available for allocation under	12764
this chapter, one million dollars shall be allocated to the sewer	12765
and water fund created in section 1525.11 of the Revised Code.	12766
Money from this allocation shall be transferred to that fund when	12767
needed to support specific payments from that fund.	12768

(4) For program years twelve and fourteen that obligations	12769
are authorized and available for allocation under this chapter,	12770
two million dollars each program year shall be allocated to the	12771
small county capital improvement program for use in providing	12772
financial assistance under division (F) of section 164.02 of the	12773
Revised Code.	12774

(5) After the allocation required by division (B)(3) of this	12775
section is made, the director shall determine the amount of the	12776
remaining obligations authorized to be issued and sold that each	12777
county would receive if such amounts were allocated on a per	12778
capita basis each year. If a county's per capita share for the	12779
year would be less than three hundred thousand dollars, the	12780
director shall allocate to the district in which that county is	12781
located an amount equal to the difference between three hundred	12782
thousand dollars and the county's per capita share.	12783

(6) After making the allocation required by division (B)(5)	12784
of this section, the director shall allocate the remaining amount	12785
to each district on a per capita basis.	12786

(C)(1) There is hereby created in the state treasury the	12787
state capital improvements revolving loan fund, into which shall	12788
be deposited all repayments of loans made to local subdivisions	12789
for capital improvements pursuant to this chapter. Investment	12790
earnings on moneys in the fund shall be credited to the fund.	12791

(2) There may also be deposited in the state capital	12792
improvements revolving loan fund moneys obtained from federal or	12793
private grants, or from other sources, which are to be used for	12794
any of the purposes authorized by this chapter. Such moneys shall	12795
be allocated each year in accordance with division (B)(6) of this	12796
section.	12797

(3) Moneys deposited into the state capital improvements	12798
revolving loan fund shall be used to make loans for the purpose of	12799
financing or assisting in the financing of the cost of capital	12800
improvement projects of local subdivisions.	12801

(4) Investment earnings credited to the state capital	12802
improvements revolving loan fund that exceed the amounts required	12803
to meet estimated federal arbitrage rebate requirements shall be	12804
used to pay costs incurred by the public works commission in	12805
administering this section. Investment earnings credited to the	12806
state capital improvements revolving loan fund that exceed the	12807
amounts required to pay for the administrative costs and estimated	12808
rebate requirements shall be allocated to each district on a per	12809
capita basis.	12810

(5) Each program year, loan repayments received and on	12811
deposit in the state capital improvements revolving loan fund	12812
shall be allocated as follows:	12813

(a) Each ~~district public works~~local government integrating	12814
and innovation committee shall be allocated an amount equal to the	12815
sum of all loan repayments made to the state capital improvements	12816
revolving loan fund by local subdivisions that are part of the	12817
district. Moneys not used in a program year may be used in the	12818
next program year in the same manner and for the same purpose as	12819
originally allocated.	12820

(b) Loan repayments made pursuant to projects approved under	12821
division (B)(1) of this section shall be used to make loans in	12822
accordance with section 164.051 and division (D) of section 164.06	12823
of the Revised Code. Allocations for this purpose made pursuant to	12824
division (C)(5) of this section shall be in addition to the	12825
allocation provided in division (B)(1) of this section.	12826

(c) Loan repayments made pursuant to projects approved under	12827
division (B)(2) of this section shall be used to make loans in	12828
accordance with division (B)(2) of this section. Allocations for	12829
this purpose made pursuant to division (C)(5) of this section	12830
shall be in addition to the allocation provided in division (B)(2)	12831
of this section.	12832

(d) Loans made from the state capital improvements revolving	12833
loan fund shall not be limited in their usage by divisions (E),	12834
(F), (G), (H), and (I) of section 164.05 of the Revised Code.	12835

(D) Investment earnings credited to the state capital	12836
improvements fund that exceed the amounts required to meet	12837
estimated federal arbitrage rebate requirements shall be used to	12838
pay costs incurred by the public works commission in administering	12839
sections 164.01 to 164.12 of the Revised Code.	12840

(E) The director of the Ohio public works commission shall	12841
notify the director of budget and management of the amounts	12842
allocated pursuant to this section and such information shall be	12843
entered into the state accounting system. The director of budget	12844
and management shall establish appropriation line items as needed	12845
to track these allocations.	12846

(F) If the amount of a district's allocation in a program	12847
year exceeds the amount of financial assistance approved for the	12848
district by the commission for that year, the remaining portion of	12849
the district's allocation shall be added to the district's	12850
allocation pursuant to division (B) of this section for the next	12851
succeeding year for use in the same manner and for the same	12852
purposes as it was originally allocated, except that any portion	12853
of a district's allocation which was available for use on new or	12854
expanded infrastructure pursuant to division (H) of section 164.05	12855
of the Revised Code shall be available in succeeding years only	12856
for the repair and replacement of existing infrastructure.	12857

(G) When an allocation based on population is made by the	12858
director pursuant to division (B) of this section, the director	12859
shall use the most recent decennial census statistics, and shall	12860
not make any reallocations based upon a change in a district's	12861
population.	12862

Sec. 164.14. (A) The local transportation improvement	12863
program fund is hereby created in the state treasury. The fund	12864
shall consist of moneys credited to it pursuant to sections 117.16	12865
and 5735.23 of the Revised Code, and, subject to the limitations	12866
of section 5735.05 of the Revised Code, shall be used to make	12867
grants to local subdivisions for projects that have been approved	12868
by ~~district public works~~local government integrating and	12869
innovation committees and the Ohio public works commission in	12870
accordance with this section. The fund shall be administered by	12871
the Ohio public works commission, and shall be allocated each	12872
fiscal year on a per capita basis to ~~district public works~~local	12873
government integrating and innovation committees in accordance	12874
with the most recent decennial census statistics. Money in the	12875
fund may be used to pay reasonable costs incurred by the	12876
commission in administering this section. Investment earnings on	12877
moneys credited to the fund shall be retained by the fund.	12878

(B) Grants awarded under this section may provide up to one	12879
hundred per cent of the estimated total cost of the project.	12880

(C) No grant shall be awarded for a project under this	12881
section unless the project is designed to have a useful life of at	12882
least seven years, except that the average useful life of all such	12883
projects for which grants are awarded in each district during a	12884
fiscal year shall be not less than twenty years.	12885

(D) For the period beginning on July 1, 1989, and ending on	12886
June 30, 1994, and for each succeeding five-year period, at least	12887
one-third of the total amount of money allocated to each district	12888
from the local transportation improvement program fund shall be	12889
awarded as follows:	12890

(1) Forty-two and eight-tenths per cent for projects of	12891
municipal corporations;	12892

(2) Thirty-seven and two-tenths per cent for projects of	12893
counties;	12894

(3) Twenty per cent for projects of townships, except that	12895
the requirement of division (D)(3) of this section shall not apply	12896
in districts where the combined population of the townships in the	12897
district is less than five per cent of the population of the	12898
district.	12899

(E) Each ~~district public works~~local government integrating	12900
and innovation committee shall review, and approve or disapprove	12901
requests submitted to it by local subdivisions for assistance from	12902
the local transportation improvement program fund. In reviewing	12903
projects submitted to it, a ~~district public works~~local government	12904
integrating and innovation committee shall consider the following	12905
factors:	12906

(1) Whether the project is of critical importance to the	12907
safety of the residents of the local subdivision;	12908

(2) Whether the project would alleviate serious traffic	12909
problems or hazards or would respond to needs caused by rapid	12910
growth and development;	12911

(3) Whether the project would assist the local subdivision in	12912
attaining the transportation infrastructure needed to pursue	12913
significant and specific economic development opportunities;	12914

(4) The availability of other sources of funding for the	12915
project;	12916

(5) The adequacy of the planning for the project and the	12917
readiness of the local subdivision to proceed should the project	12918
be approved;	12919

(6) The local subdivision's ability to pay for and history of	12920
investing in bridge and highway improvements;	12921

(7) The impact of the project on the multijurisdictional	12922
highway and bridge needs of the district;	12923

(8) The requirements of divisions (A), (B), (C), and (D) of	12924
this section;	12925

(9) The condition of the infrastructure system proposed for	12926
improvement;	12927

(10) Any other factors related to the safety, orderly growth,	12928
or economic development of the district or local subdivision that	12929
the ~~district public works~~local government integrating and	12930
innovation committee considers relevant.	12931

A ~~district public works~~local government integrating and	12932
innovation committee or its executive committee may appoint a	12933
subcommittee to assist it in carrying out its responsibilities	12934
under this section.	12935

(F) Every project approved by a ~~district public works~~local	12936
government integrating and innovation committee shall be submitted	12937
to the Ohio public works commission for its review and approval or	12938
disapproval. The commission shall not approve any project that	12939
fails to meet the requirements of this section.	12940

(G) Grants awarded from the local transportation improvement	12941
program fund shall not be limited in their usage by divisions (D),	12942
(E), (F), (G), (H), and (I) of section 164.05 of the Revised Code.	12943

(H) As used in this section, "local subdivision" means a	12944
county, municipal corporation, or township.	12945

(I) The director of the Ohio public works commission shall	12946
notify the director of budget and management of the amounts	12947
allocated pursuant to this section, and the allocation information	12948
shall be entered into the state accounting system. The director of	12949
budget and management shall establish appropriation line items as	12950
needed to track these allocations.	12951

Sec. 164.21. (A) Each ~~district public works~~local government	12952
integrating and innovation committee or, if applicable, the	12953
executive committee of the integrating and innovation committee	12954
shall appoint a natural resources assistance council consisting of	12955
eleven members. Of the eleven members, one shall be a member of	12956
the appointing integrating and innovation committee and one shall	12957
represent a soil and water conservation district that is located	12958
within the geographical jurisdiction of the appointing integrating	12959
and innovation committee. The nine other members of the council	12960
shall be appointed from the following categories of organizations,	12961
units of government, or agencies and shall include at least one	12962
member from each of those categories:	12963

(1) A county, municipal corporation, township, conservancy	12964
district, regional or joint district or unit of local government,	12965
or regional or joint political subdivision that is located within	12966
the geographical jurisdiction of the appointing integrating and	12967
innovation committee;	12968

(2) A conservation organization, an environmental advocacy	12969
organization, an organization with a primary interest in watershed	12970
protection and restoration, the department of natural resources,	12971
the environmental protection agency, or the United States natural	12972
resources conservation service;	12973

(3) A city park system or metropolitan park system or a board	12974
of park commissioners from a county that is located within the	12975
geographical jurisdiction of the appointing integrating and	12976
innovation committee, a statewide parks and recreation	12977
organization, or the United States national park service;	12978

(4) A statewide organization representing agriculture, an	12979
organization representing forestry interests, the department of	12980
agriculture, or the United States department of agriculture;	12981

(5) An organization representing business, local realtors, or	12982
a planning agency, including a port authority, located within the	12983
geographical jurisdiction of the appointing integrating and	12984
innovation committee.	12985

No organization, unit of government, or agency that is listed	12986
in divisions (A)(1) to (5) of this section shall be represented by	12987
more than one member on the council at any given time. The	12988
membership of a natural resources assistance council shall reflect	12989
the demographic and economic diversity of the population located	12990
within the geographical area represented by the council.	12991

A council shall be appointed by the appropriate integrating	12992
and innovation committee not later than ninety days after ~~the~~	12993
~~effective date of this section~~July 26, 2001. Of the initial	12994
members appointed to the council, four shall be appointed for one	12995
year, four shall be appointed for two years, and three shall be	12996
appointed for three years. Thereafter, terms of office for members	12997
of the council shall be for three years, with each term ending on	12998
the same day of the same month as did the term that it succeeds.	12999
Each member shall hold office from the date of appointment until	13000
the end of the term for which the member is appointed, except	13001
that, with respect to any member who is an elected or appointed	13002
official of a township, municipal corporation, or county, the term	13003
of office for that person on the council shall not extend beyond	13004
the member's term as an elected or appointed official.	13005

Members may be reappointed. Vacancies shall be filled in the	13006
same manner provided for original appointments. Any member	13007
appointed to fill a vacancy occurring prior to the expiration date	13008
of the term for which the member was appointed shall hold office	13009
for the remainder of that term. A member shall continue in office	13010
subsequent to the expiration date of the member's term until the	13011
member's successor takes office or until a period of sixty days	13012
has elapsed, whichever occurs first. Members may be removed by the	13013
~~district public works~~local government integrating and innovation	13014
committee for misfeasance, malfeasance, or nonfeasance in office.	13015

(B) A natural resources assistance council shall elect a	13016
chairperson, a vice-chairperson, and other officers that the	13017
council considers appropriate. A council may adopt bylaws	13018
governing its operation, including bylaws that establish the	13019
frequency of regular meetings and any necessary procedures. All	13020
meetings of a council are subject to section 121.22 of the Revised	13021
Code.	13022

(C) Serving as a member of a natural resources assistance	13023
council under this section does not constitute holding a public	13024
office or position of employment under the laws of this state and	13025
does not confer a right to compensation from any agency of this	13026
state. A member of a natural resources assistance council does not	13027
have an unlawful interest in a public contract under section	13028
2921.42 of the Revised Code solely by virtue of the receipt of	13029
financial assistance under sections 164.20 to 164.27 of the	13030
Revised Code by the local political subdivision of which the	13031
member is also a public official or appointee.	13032

(D) Sections 101.82 to 101.87 of the Revised Code do not	13033
apply to natural resources assistance councils.	13034

Sec. 164.30. (A) There is hereby created in the state	13035
treasury the local government integrating and innovation fund. The	13036
fund shall be composed of credits to the fund from revenue from	13037
the commercial activity tax under section 5751.20 of the Revised	13038
Code. The purpose of the fund is to provide grants to local	13039
subdivisions to implement and enhance the sharing of services.	13040

(B) Money in the fund shall be allocated among the local	13041
government integrating and innovation committees created under	13042
section 164.03 of the Revised Code beginning in fiscal year 2012.	13043
The amount allocated to each such committee each fiscal year shall	13044
be proportionate to the amount distributed in the most recently	13045
closed program year from the state capital improvements fund to	13046
local subdivisions within the district represented by that	13047
committee.	13048

(C) Local subdivisions in each district may apply to the	13049
district's local government integrating and innovation committee	13050
for grants from the local government integrating and innovation	13051
fund to assist with the payment of allowable expenses of	13052
implementing or enhancing service sharing among local	13053
subdivisions. For the purposes of this section, allowable expenses	13054
include costs of making the transition to shared services,	13055
establishing shared services, and paying for the initial	13056
operations of the shared services; allowable expenses does not	13057
include costs of ongoing operations of shared services. The	13058
applications shall describe, in the manner and as directed by the	13059
committee, the shared services, the projected cost savings of the	13060
shared services, and any other matters the committee requires.	13061

(D) Each local government integrating and innovation	13062
committee shall accept and review such applications and award	13063
grants to the applicants the committee determines to be proposing	13064
shared services resulting in the greatest cost efficiencies,	13065
subject to the following:	13066

(1) Not less than twenty per cent of the grant money	13067
available to each district shall be awarded to townships.	13068

(2) Up to thirty per cent of the grant money available to	13069
each district may be awarded to local subdivisions determined to	13070
be in fiscal emergency under Chapter 118. of the Revised Code, the	13071
primary cause of the emergency being, in the opinion of the	13072
committee, reductions in revenue from federal, state, or local	13073
government sources since 2008.	13074

(3) Not more than two hundred fifty thousand dollars may be	13075
awarded to each applicant for each service-sharing proposal.	13076

Upon approval of a grant application, a committee shall	13077
forward the application and evidence of the committee's approval	13078
to the director of the Ohio public works commission, who shall	13079
review the materials and, if the director finds that the	13080
application was properly approved under the terms of this section,	13081
the director shall authorize the award of the grant to the local	13082
subdivision.	13083

(E) Not more than three per cent of the money credited to the	13084
local government integrating and innovation fund may be used by	13085
the director of the Ohio public works commission to defray the	13086
costs of the commission or of local government integrating and	13087
innovation committees in administering this section.	13088

Sec. 166.02. (A) The general assembly finds that many local	13089
areas throughout the state are experiencing economic stagnation or	13090
decline, and that the economic development programs provided for	13091
in this chapter will constitute deserved, necessary reinvestment	13092
by the state in those areas, materially contribute to their	13093
economic revitalization, and result in improving the economic	13094
welfare of all the people of the state. Accordingly, it is	13095
declared to be the public policy of the state, through the	13096
operations of this chapter and other applicable laws adopted	13097
pursuant to Section 2p or 13 of Article VIII, Ohio Constitution,	13098
and other authority vested in the general assembly, to assist in	13099
and facilitate the establishment or development of eligible	13100
projects or assist and cooperate with any governmental agency in	13101
achieving such purpose.	13102

(B) In furtherance of such public policy and to implement	13103
such purpose, the director of development may:	13104

(1) After consultation with appropriate governmental	13105
agencies, enter into agreements with persons engaged in industry,	13106
commerce, distribution, or research and with governmental agencies	13107
to induce such persons to acquire, construct, reconstruct,	13108
rehabilitate, renovate, enlarge, improve, equip, or furnish, or	13109
otherwise develop, eligible projects and make provision therein	13110
for project facilities and governmental actions, as authorized by	13111
this chapter and other applicable laws, subject to any required	13112
actions by the general assembly or the controlling board and	13113
subject to applicable local government laws and regulations;	13114

(2) Provide for the guarantees and loans as provided for in	13115
sections 166.06 and 166.07 of the Revised Code;	13116

(3) Subject to release of such moneys by the controlling	13117
board, contract for labor and materials needed for, or contract	13118
with others, including governmental agencies, to provide, project	13119
facilities the allowable costs of which are to be paid for or	13120
reimbursed from moneys in the facilities establishment fund, and	13121
contract for the operation of such project facilities;	13122

(4) Subject to release thereof by the controlling board, from	13123
moneys in the facilities establishment fund acquire or contract to	13124
acquire by gift, exchange, or purchase, including the obtaining	13125
and exercise of purchase options, property, and convey or	13126
otherwise dispose of, or provide for the conveyance or disposition	13127
of, property so acquired or contracted to be acquired by sale,	13128
exchange, lease, lease purchase, conditional or installment sale,	13129
transfer, or other disposition, including the grant of an option	13130
to purchase, to any governmental agency or to any other person	13131
without necessity for competitive bidding and upon such terms and	13132
conditions and manner of consideration pursuant to and as the	13133
director determines to be appropriate to satisfy the objectives of	13134
sections 166.01 to 166.11 of the Revised Code;	13135

(5) Retain the services of or employ financial consultants,	13136
appraisers, consulting engineers, superintendents, managers,	13137
construction and accounting experts, attorneys, and employees,	13138
agents, and independent contractors as are necessary in the	13139
director's judgment and fix the compensation for their services;	13140

(6) Receive and accept from any person grants, gifts, and	13141
contributions of money, property, labor, and other things of	13142
value, to be held, used and applied only for the purpose for which	13143
such grants, gifts, and contributions are made;	13144

(7) Enter into appropriate arrangements and agreements with	13145
any governmental agency for the taking or provision by that	13146
governmental agency of any governmental action;	13147

(8) Do all other acts and enter into contracts and execute	13148
all instruments necessary or appropriate to carry out the	13149
provisions of this chapter;	13150

(9) Adopt rules to implement any of the provisions of this	13151
chapter applicable to the director.	13152

(C) The determinations by the director that facilities	13153
constitute eligible projects, that facilities are project	13154
facilities, that costs of such facilities are allowable costs, and	13155
all other determinations relevant thereto or to an action taken or	13156
agreement entered into shall be conclusive for purposes of the	13157
validity and enforceability of rights of parties arising from	13158
actions taken and agreements entered into under this chapter.	13159

(D) Except as otherwise prescribed in this chapter, all	13160
expenses and obligations incurred by the director in carrying out	13161
the director's powers and in exercising the director's duties	13162
under this chapter, shall be payable solely from, as appropriate,	13163
moneys in the facilities establishment fund, the loan guarantee	13164
fund, the innovation Ohio loan guarantee fund, the innovation Ohio	13165
loan fund, the research and development loan fund, the logistics	13166
and distribution infrastructure fund, the logistics and	13167
distribution infrastructure taxable bond fund, or moneys	13168
appropriated for such purpose by the general assembly. This	13169
chapter does not authorize the director or the issuing authority	13170
under section 166.08 of the Revised Code to incur bonded	13171
indebtedness of the state or any political subdivision thereof, or	13172
to obligate or pledge moneys raised by taxation for the payment of	13173
any bonds or notes issued or guarantees made pursuant to this	13174
chapter.	13175

(E) ~~No financial assistance for project facilities shall be~~	13176
~~provided under this chapter unless the provisions of the agreement~~	13177
~~providing for such assistance specify that all wages paid to~~	13178
~~laborers and mechanics employed on such project facilities for~~	13179
~~which the assistance is granted shall be paid at the prevailing~~	13180
~~rates of wages of laborers and mechanics for the class of work~~	13181
~~called for by such project facilities, which wages shall be~~	13182
~~determined in accordance with the requirements of Chapter 4115. of~~	13183
~~the Revised Code for determination of prevailing wage rates,~~	13184
~~provided that the requirements of this division do not apply where~~	13185
~~the federal government or any of its agencies provides financing~~	13186
~~assistance as to all or any part of the funds used in connection~~	13187
~~with such project facilities and prescribes predetermined minimum~~	13188
~~wages to be paid to such laborers and mechanics; and provided~~	13189
~~further that should a nonpublic user beneficiary of the eligible~~	13190
~~project undertake, as part of the eligible project, construction~~	13191
~~to be performed by its regular bargaining unit employees who are~~	13192
~~covered under a collective bargaining agreement which was in~~	13193
~~existence prior to the date of the document authorizing such~~	13194
~~assistance then, in that event, the rate of pay provided under the~~	13195
~~collective bargaining agreement may be paid to such employees.~~	13196

~~(F)~~ Any governmental agency may enter into an agreement with	13197
the director, any other governmental agency, or a person to be	13198
assisted under this chapter, to take or provide for the purposes	13199
of this chapter any governmental action it is authorized to take	13200
or provide, and to undertake on behalf and at the request of the	13201
director any action which the director is authorized to undertake	13202
pursuant to divisions (B)(3), (4), and (5) of this section or	13203
divisions (B)(3), (4), and (5) of section 166.12 of the Revised	13204
Code. Governmental agencies of the state shall cooperate with and	13205
provide assistance to the director of development and the	13206
controlling board in the exercise of their respective functions	13207
under this chapter.	13208

Sec. 173.14. As used in sections 173.14 to 173.27 of the	13209
Revised Code:	13210

(A)(1) Except as otherwise provided in division (A)(2) of	13211
this section, "long-term care facility" includes any residential	13212
facility that provides personal care services for more than	13213
twenty-four hours for two or more unrelated adults, including all	13214
of the following:	13215

(a) A "nursing home," "residential care facility," or "home	13216
for the aging" as defined in section 3721.01 of the Revised Code;	13217

(b) A facility authorized to provide extended care services	13218
under Title XVIII of the "Social Security Act," 49 Stat. 620	13219
(1935), 42 U.S.C. 301, as amended, including a long-term acute	13220
care hospital that provides medical and rehabilitative care to	13221
patients who require an average length of stay greater than	13222
twenty-five days and is classified by the centers for medicare and	13223
medicaid services as a long-term care hospital pursuant to 42	13224
C.F.R. 412.23(e);	13225

(c) A county home or district home operated pursuant to	13226
Chapter 5155. of the Revised Code;	13227

(d) An "adult care facility" as defined in section ~~3722.01~~	13228
5119.70 of the Revised Code;	13229

(e) A facility approved by the veterans administration under	13230
section 104(a) of the "Veterans Health Care Amendments of 1983,"	13231
97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for	13232
the placement and care of veterans;	13233

(f) An adult foster home certified under section ~~173.36~~	13234
5119.692 of the Revised Code.	13235

(2) "Long-term care facility" does not include a "residential	13236
facility" as defined in section 5119.22 of the Revised Code or a	13237
"residential facility" as defined in section 5123.19 of the	13238
Revised Code.	13239

(B) "Resident" means a resident of a long-term care facility	13240
and, where appropriate, includes a prospective, previous, or	13241
deceased resident of a long-term care facility.	13242

(C) "Community-based long-term care services" means health	13243
and social services provided to persons in their own homes or in	13244
community care settings, and includes any of the following:	13245

(1) Case management;

13246

(2) Home health care;

13247

(3) Homemaker services;

13248

(4) Chore services;

13249

(5) Respite care;

13250

(6) Adult day care;

13251

(7) Home-delivered meals;

13252

(8) Personal care;

13253

(9) Physical, occupational, and speech therapy;

13254

(10) Transportation;

13255

(11) Any other health and social services provided to persons	13256
that allow them to retain their independence in their own homes or	13257
in community care settings.	13258

(D) "Recipient" means a recipient of community-based	13259
long-term care services and, where appropriate, includes a	13260
prospective, previous, or deceased recipient of community-based	13261
long-term care services.	13262

(E) "Sponsor" means an adult relative, friend, or guardian	13263
who has an interest in or responsibility for the welfare of a	13264
resident or a recipient.	13265

(F) "Personal care services" has the same meaning as in	13266
section 3721.01 of the Revised Code.	13267

(G) "Regional long-term care ombudsperson program" means an	13268
entity, either public or private and nonprofit, designated as a	13269
regional long-term care ombudsperson program by the state	13270
long-term care ombudsperson.	13271

(H) "Representative of the office of the state long-term care	13272
ombudsperson program" means the state long-term care ombudsperson	13273
or a member of the ombudsperson's staff, or a person certified as	13274
a representative of the office under section 173.21 of the Revised	13275
Code.	13276

(I) "Area agency on aging" means an area agency on aging	13277
established under the "Older Americans Act of 1965," 79 Stat. 219,	13278
42 U.S.C.A. 3001, as amended.	13279

Sec. 173.21. (A) The office of the state long-term care	13280
~~ombudsman~~ombudsperson program, through the state long-term care	13281
~~ombudsman~~ombudsperson and the regional long-term care ~~ombudsman~~	13282
ombudsperson programs, shall require each representative of the	13283
office to complete a training and certification program in	13284
accordance with this section and to meet the continuing education	13285
requirements established under this section.	13286

(B) The department of aging shall adopt rules under Chapter	13287
119. of the Revised Code specifying the content of training	13288
programs for representatives of the office of the state long-term	13289
care ~~ombudsman~~ombudsperson program. Training for representatives	13290
other than those who are volunteers providing services through	13291
regional long-term care ~~ombudsman~~ombudsperson programs shall	13292
include instruction regarding federal, state, and local laws,	13293
rules, and policies on long-term care facilities and	13294
community-based long-term care services; investigative techniques;	13295
and other topics considered relevant by the department and shall	13296
consist of the following:	13297

(1) A minimum of forty clock hours of basic instruction,	13298
which shall be completed before the trainee is permitted to handle	13299
complaints without the supervision of a representative of the	13300
office certified under this section;	13301

(2) An additional sixty clock hours of instruction, which	13302
shall be completed within the first fifteen months of employment;	13303

(3) An internship of twenty clock hours, which shall be	13304
completed within the first twenty-four months of employment,	13305
including instruction in, and observation of, basic nursing care	13306
and long-term care provider operations and procedures. The	13307
internship shall be performed at a site that has been approved as	13308
an internship site by the state long-term care ~~ombudsman~~	13309
ombudsperson.	13310

(4) One of the following, which shall be completed within the	13311
first twenty-four months of employment:	13312

(a) Observation of a survey conducted by the director of	13313
health to certify a facility to receive funds under sections	13314
5111.20 to 5111.32 of the Revised Code;	13315

(b) Observation of an inspection conducted by the director of	13316
mental health to license an adult care facility under section	13317
~~3722.04~~5119.73 of the Revised Code.	13318

(5) Any other training considered appropriate by the	13319
department.	13320

(C) Persons who for a period of at least six months prior to	13321
June 11, 1990, served as ombudsmen through the long-term care	13322
~~ombudsman~~ombudsperson program established by the department of	13323
aging under division (M) of section 173.01 of the Revised Code	13324
shall not be required to complete a training program. These	13325
persons and persons who complete a training program shall take an	13326
examination administered by the department of aging. On attainment	13327
of a passing score, the person shall be certified by the	13328
department as a representative of the office. The department shall	13329
issue the person an identification card, which the representative	13330
shall show at the request of any person with whom hethe	13331
representative deals while performing ~~his~~the representative's	13332
duties and which he shall ~~surrender~~be surrendered at the time he	13333
the representative separates from the office.	13334

(D) The state ~~ombudsman~~ombudsperson and each regional	13335
program shall conduct training programs for volunteers on their	13336
respective staffs in accordance with the rules of the department	13337
of aging adopted under division (B) of this section. Training	13338
programs may be conducted that train volunteers to complete some,	13339
but not all, of the duties of a representative of the office. Each	13340
regional office shall bear the cost of training its	13341
representatives who are volunteers. On completion of a training	13342
program, the representative shall take an examination administered	13343
by the department of aging. On attainment of a passing score, hea	13344
volunteer shall be certified by the department as a representative	13345
authorized to perform services specified in the certification. The	13346
department shall issue an identification card, which the	13347
representative shall show at the request of any person with whom	13348
hethe representative deals while performing ~~his~~the	13349
representative's duties and which he shall ~~surrender~~be	13350
surrendered at the time hethe representative separates from the	13351
office. Except as a supervised part of a training program, no	13352
volunteer shall perform any duty unless he is certified as a	13353
representative having received appropriate training for that duty.	13354

(E) The state ~~ombudsman~~ombudsperson shall provide technical	13355
assistance to regional programs conducting training programs for	13356
volunteers and shall monitor the training programs.	13357

(F) Prior to scheduling an observation of a certification	13358
survey or licensing inspection for purposes of division (B)(4) of	13359
this section, the state ~~ombudsman~~ombudsperson shall obtain	13360
permission to have the survey or inspection observed from both the	13361
director of health and the long-term care facility at which the	13362
survey or inspection is to take place.	13363

(G) The department of aging shall establish continuing	13364
education requirements for representatives of the office.	13365

Sec. 173.26. (A) Each of the following facilities shall	13366
annually pay to the department of aging six dollars for each bed	13367
maintained by the facility for use by a resident during any part	13368
of the previous year:	13369

(1) Nursing homes, residential care facilities, and homes for	13370
the aging as defined in section 3721.01 of the Revised Code;	13371

(2) Facilities authorized to provide extended care services	13372
under Title XVIII of the "Social Security Act," 49 Stat. 620	13373
(1935), 42 U.S.C. 301, as amended, including a long-term acute	13374
care hospital that provides medical and rehabilitative care to	13375
patients who require an average length of stay greater than	13376
twenty-five days and is classified by the centers for medicare and	13377
medicaid services as a long-term care hospital pursuant to 42	13378
C.F.R. 412.23(e);	13379

(3) County homes and district homes operated pursuant to	13380
Chapter 5155. of the Revised Code;	13381

(4) Adult care facilities as defined in section ~~3722.01~~	13382
5119.70 of the Revised Code;	13383

(5) Facilities approved by the Veterans Administration under	13384
Section 104(a) of the "Veterans Health Care Amendments of 1983,"	13385
97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for	13386
the placement and care of veterans.	13387

The department shall, by rule adopted in accordance with	13388
Chapter 119. of the Revised Code, establish deadlines for payments	13389
required by this section. A facility that fails, within ninety	13390
days after the established deadline, to pay a payment required by	13391
this section shall be assessed at two times the original invoiced	13392
payment.	13393

(B) All money collected under this section shall be deposited	13394
in the state treasury to the credit of the office of the state	13395
long-term care ombudsperson program fund, which is hereby created.	13396
Money credited to the fund shall be used solely to pay the costs	13397
of operating the regional long-term care ombudsperson programs.	13398

(C) The state long-term care ombudsperson and the regional	13399
programs may solicit and receive contributions to support the	13400
operation of the office or a regional program, except that no	13401
contribution shall be solicited or accepted that would interfere	13402
with the independence or objectivity of the office or program.	13403

Sec. 173.391. (A) The department of aging or its designee	13404
shall do all of the following in accordance with Chapter 119. of	13405
the Revised Code:	13406

(1) Certify a person or government entity to provide	13407
community-based long-term care services under a program the	13408
department administers if the person or government entity	13409
satisfies the requirements for certification established by rules	13410
adopted under division (B) of this section and pays the fee, if	13411
any, established by rules adopted under division (G) of this	13412
section;	13413

(2) When required to do so by rules adopted under division	13414
(B) of this section, take one or more of the following	13415
disciplinary actions against a person or government entity ~~issued~~	13416
~~a certificate~~certified under division (A)(1) of this section:	13417

(a) Issue a written warning;

13418

(b) Require the submission of a plan of correction or	13419
evidence of compliance with requirements identified by the	13420
department;	13421

13422

(d) Remove clients;

13423

(e) Impose a fiscal sanction such as a civil monetary penalty	13424
or an order that unearned funds be repaid;	13425

(f) Suspend the certification;

13426

(g) Revoke the ~~certificate~~certification;

13427

~~(g)~~(h) Impose another sanction.

13428

(3) ~~Hold~~Except as provided in division (E) of this section,	13429
hold hearings when there is a dispute between the department or	13430
its designee and a person or government entity concerning actions	13431
the department or its designee takes ~~or does not take~~regarding a	13432
decision not to certify the person or government entity under	13433
division (A)(1) of this section or a disciplinary action under	13434
division (A)~~(1) or~~ (2)~~(c)~~(e) to ~~(g)~~(h) of this section.	13435

(B) The director of aging shall adopt rules in accordance	13436
with Chapter 119. of the Revised Code establishing certification	13437
requirements and standards for determining which type of	13438
disciplinary action to take under division (A)(2) of this section	13439
in individual situations. The rules shall establish procedures for	13440
all of the following:	13441

(1) Ensuring that community-based long-term care agencies	13442
comply with section 173.394 of the Revised Code;	13443

(2) Evaluating the services provided by the agencies to	13444
ensure that ~~they~~the services are provided in a quality manner	13445
advantageous to the individual receiving the services;	13446

(3) Determining when to take disciplinary action under	13447
division (A)(2) of this section and which disciplinary action to	13448
take;	13449

(4) Determining what constitutes another sanction for	13450
purposes of division (A)(2)(h) of this section.	13451

(C) The procedures established in rules adopted under	13452
division (B)(2) of this section shall require that all of the	13453
following be considered as part of an evaluation described in	13454
division (B)(2) of this section:	13455

(1) The ~~service provider's~~community-based long-term care	13456
agency's experience and financial responsibility;	13457

(2) The ~~service provider's~~agency's ability to comply with	13458
standards for the community-based long-term care services that the	13459
~~provider~~agency provides under a program the department	13460
administers;	13461

(3) The ~~service provider's~~agency's ability to meet the needs	13462
of the individuals served;	13463

(4) Any other factor the director considers relevant.

13464

(D) The rules adopted under division (B)(3) of this section	13465
shall specify that the reasons disciplinary action may be taken	13466
under division (A)(2) of this section include good cause,	13467
including misfeasance, malfeasance, nonfeasance, confirmed abuse	13468
or neglect, financial irresponsibility, or other conduct the	13469
director determines is injurious, or poses a threat, to the health	13470
or safety of individuals being served.	13471

(E) Subject to division (F) of this section, the department	13472
is not required to hold hearings under division (A)(3) of this	13473
section if any of the following conditions apply:	13474

(1) Rules adopted by the director of aging pursuant to this	13475
chapter require the community-based long-term care agency to be a	13476
party to a provider agreement; hold a license, certificate, or	13477
permit; or maintain a certification, any of which is required or	13478
issued by a state or federal government entity other than the	13479
department of aging, and either of the following is the case:	13480

(a) The provider agreement has not been entered into or the	13481
license, certificate, permit, or certification has not been	13482
obtained or maintained.	13483

(b) The provider agreement, license, certificate, permit, or	13484
certification has been denied, revoked, not renewed, or suspended	13485
or has been otherwise restricted.	13486

(2) The agency's certification under this section has been	13487
denied, suspended, or revoked for any of the following reasons:	13488

(a) A government entity of this state, other than the	13489
department of aging, has terminated or refused to renew any of the	13490
following held by, or has denied any of the following sought by, a	13491
community-based long-term care agency: a provider agreement,	13492
license, certificate, permit, or certification. Division (E)(2)(a)	13493
of this section applies regardless of whether the agency has	13494
entered into a provider agreement in, or holds a license,	13495
certificate, permit, or certification issued by, another state.	13496

(b) The agency or a principal owner or manager of the agency	13497
who provides direct care has entered a guilty plea for, or has	13498
been convicted of, an offense materially related to the medicaid	13499
program.	13500

(c) The agency or a principal owner or manager of the agency	13501
who provides direct care has entered a guilty plea for, or been	13502
convicted of, an offense listed in division (C)(1)(a) of section	13503
173.394 of the Revised Code, but only if none of the personal	13504
character standards established by the department in rules adopted	13505
under division (F) of section 173.394 of the Revised Code apply.	13506

(d) The United States department of health and human services	13507
has taken adverse action against the agency and that action	13508
impacts the agency's participation in the medicaid program.	13509

(e) The agency has failed to enter into or renew a provider	13510
agreement with the PASSPORT administrative agency, as that term is	13511
defined in section 173.42 of the Revised Code, that administers	13512
programs on behalf of the department of aging in the region of the	13513
state in which the agency is certified to provide services.	13514

(f) The agency has not billed or otherwise submitted a claim	13515
to the department for payment under the medicaid program in at	13516
least two years.	13517

(g) The agency denied or failed to provide the department or	13518
its designee access to the agency's facilities during the agency's	13519
normal business hours for purposes of conducting an audit or	13520
structural compliance review.	13521

(h) The agency has ceased doing business.

13522

(i) The agency has voluntarily relinquished its certification	13523
for any reason.	13524

(3) The agency's provider agreement with the department of	13525
job and family services has been suspended under division (C) of	13526
section 5111.031 of the Revised Code.	13527

(4) The agency's provider agreement with the department of	13528
job and family services is denied or revoked because the agency or	13529
its owner, officer, authorized agent, associate, manager, or	13530
employee has been convicted of an offense that caused the provider	13531
agreement to be suspended under section 5111.031 of the Revised	13532
Code.	13533

(F) If the department does not hold hearings when any	13534
condition described in division (E) of this section applies, the	13535
department may send a notice to the agency describing a decision	13536
not to certify the agency under division (A)(1) of this section or	13537
the disciplinary action the department proposes to take under	13538
division (A)(2)(e) to (h) of this section. The notice shall be	13539
sent to the agency's address that is on record with the department	13540
and may be sent by regular mail.	13541

(G) The director of aging may adopt rules in accordance with	13542
Chapter 119. of the Revised Code establishing a fee to be charged	13543
by the department of aging or its designee for certification	13544
issued under this section.	13545

All fees collected by the department or its designee under	13546
this section shall be deposited in the state treasury to the	13547
credit of the provider certification fund, which is hereby	13548
created. Money credited to the fund shall be used to pay for	13549
community-based long-term care services, administrative costs	13550
associated with community-based long-term care agency	13551
certification under this section, and administrative costs related	13552
to the publication of the Ohio long-term care consumer guide.	13553

Sec. 173.40. (A) As used in sections 173.40 to 173.402 of	13554
the Revised Code~~, "PASSPORT~~:	13555

"Medicaid waiver component" has the same meaning as in	13556
section 5111.85 of the Revised Code.	13557

"PASSPORT program" means the program created under this	13558
section.	13559

"PASSPORT waiver" means the federal medicaid waiver granted	13560
by the United States secretary of health and human services that	13561
authorizes the medicaid-funded component of the PASSPORT program.	13562

"Unified long-term services and support medicaid waiver	13563
component" means the medicaid waiver component authorized by	13564
section 5111.863 of the Revised Code.	13565

(B) There is hereby created the preadmission screening system	13566
providing options and resources today program, or PASSPORT. The	13567
PASSPORT program shall provide home and community-based services	13568
as an alternative to nursing facility placement for individuals	13569
who are aged and disabled ~~medicaid recipients~~and meet the	13570
program's applicable eligibility requirements. ~~The~~Subject to	13571
division (C) of this section, the program shall have a	13572
medicaid-funded component and a state-funded component.	13573

(C)(1) Unless the medicaid-funded component of the PASSPORT	13574
program is terminated under division (C)(2) of this section, all	13575
of the following apply:	13576

(a) The department of aging shall administer the	13577
medicaid-funded component through a contract entered into with the	13578
department of job and family services under section 5111.91 of the	13579
Revised Code.	13580

(b) The medicaid-funded component shall be operated as a	13581
separate medicaid waiver component~~, as defined in section 5111.85~~	13582
~~of the Revised Code, until the United States secretary of health~~	13583
~~and human services approves the consolidated federal medicaid~~	13584
~~waiver sought under section 5111.861 of the Revised Code~~. ~~The~~	13585
~~program shall be part of the consolidated federal medicaid waiver~~	13586
~~sought under that section if the United States secretary approves~~	13587
~~the waiver. The department of aging shall administer the program~~	13588
~~through a contract entered into with the department of job and~~	13589
~~family services under section 5111.91 of the Revised Code. The~~	13590

(c) For an individual to be eligible for the medicaid-funded	13591
component, the individual must be a medicaid recipient and meet	13592
the additional eligibility requirements applicable to the	13593
individual established in rules adopted under division (C)(1)(d)	13594
of this section.	13595

(d) The director of job and family services shall adopt rules	13596
under section 5111.85 of the Revised Code and the director of	13597
aging shall adopt rules in accordance with Chapter 119. of the	13598
Revised Code to implement the ~~program~~medicaid-funded component.	13599

(2) If the unified long-term services and support medicaid	13600
waiver component is created, the departments of aging and job and	13601
family services shall work together to determine whether the	13602
medicaid-funded component of the PASSPORT program should continue	13603
to operate as a separate medicaid waiver component or be	13604
terminated. If the departments determine that the medicaid-funded	13605
component of the PASSPORT program should be terminated, the	13606
medicaid-funded component shall cease to exist on a date the	13607
departments shall specify.	13608

(D)(1) The department of aging shall administer the	13609
state-funded component of the PASSPORT program. The state-funded	13610
component shall not be administered as part of the medicaid	13611
program.	13612

(2) For an individual to be eligible for the state-funded	13613
component, the individual must meet one of the following	13614
requirements and meet the additional eligibility requirements	13615
applicable to the individual established in rules adopted under	13616
division (D)(4) of this section:	13617

(a) The individual must have been enrolled in the	13618
state-funded component on September 1, 1991, (as the state-funded	13619
component was authorized by uncodified law in effect at that time)	13620
and have had one or more applications for enrollment in the	13621
medicaid-funded component (or, if the medicaid-funded component is	13622
terminated under division (C)(2) of this section, the unified	13623
long-term services and support medicaid waiver component) denied.	13624

(b) The individual must have had the individual's enrollment	13625
in the medicaid-funded component (or, if the medicaid-funded	13626
component is terminated under division (C)(2) of this section, the	13627
unified long-term services and support medicaid waiver component)	13628
terminated and the individual must still need the home and	13629
community-based services provided under the PASSPORT program to	13630
protect the individual's health and safety.	13631

(c) The individual must have an application for the	13632
medicaid-funded component (or, if the medicaid-funded component is	13633
terminated under division (C)(2) of this section, the unified	13634
long-term services and support medicaid waiver component) pending	13635
and the department or the department's designee must have	13636
determined that the individual meets the nonfinancial eligibility	13637
requirements of the medicaid-funded component (or, if the	13638
medicaid-funded component is terminated under division (C)(2) of	13639
this section, the unified long-term services and support medicaid	13640
waiver component) and not have reason to doubt that the individual	13641
meets the financial eligibility requirements of the	13642
medicaid-funded component (or, if the medicaid-funded component is	13643
terminated under division (C)(2) of this section, the unified	13644
long-term services and support medicaid waiver component).	13645

(3) An individual who is eligible for the state-funded	13646
component because the individual meets the requirement of division	13647
(D)(2)(c) of this section may participate in the component for not	13648
more than three months.	13649

(4) The director of aging shall adopt rules in accordance	13650
with section 111.15 of the Revised Code to implement the	13651
state-funded component. The additional eligibility requirements	13652
established in the rules may vary for the different groups of	13653
individuals specified in divisions (D)(2)(a), (b), and (c) of this	13654
section.	13655

Sec. 173.401. (A) As used in this section:

13656

"Area agency on aging" has the same meaning as in section	13657
173.14 of the Revised Code.	13658

"Long-term care consultation program" means the program the	13659
department of aging is required to develop under section 173.42 of	13660
the Revised Code.	13661

"Long-term care consultation program administrator" or	13662
"administrator" means the department of aging or, if the	13663
department contracts with an area agency on aging or other entity	13664
to administer the long-term care consultation program for a	13665
particular area, that agency or entity.	13666

"Nursing facility" has the same meaning as in section 5111.20	13667
of the Revised Code.	13668

~~"PASSPORT waiver" means the federal medicaid waiver granted~~	13669
~~by the United States secretary of health and human services that~~	13670
~~authorizes the PASSPORT program.~~	13671

(B) ~~The~~Subject to division (C)(2) of section 173.40 of the	13672
Revised Code, the department shall establish a home first	13673
component of the PASSPORT program under which eligible individuals	13674
may be enrolled in the medicaid-funded component of the PASSPORT	13675
program in accordance with this section. An individual is eligible	13676
for the PASSPORT program's home first component if ~~all~~both of the	13677
following apply:	13678

(1) The individual ishas been determined to be eligible for	13679
the medicaid-funded component of the PASSPORT program.	13680

(2) ~~The individual is on the unified waiting list established~~	13681
~~under section 173.404 of the Revised Code.~~	13682

~~(3)~~ At least one of the following applies:

13683

(a) The individual has been admitted to a nursing facility.

13684

(b) A physician has determined and documented in writing that	13685
the individual has a medical condition that, unless the individual	13686
is enrolled in home and community-based services such as the	13687
PASSPORT program, will require the individual to be admitted to a	13688
nursing facility within thirty days of the physician's	13689
determination.	13690

(c) The individual has been hospitalized and a physician has	13691
determined and documented in writing that, unless the individual	13692
is enrolled in home and community-based services such as the	13693
PASSPORT program, the individual is to be transported directly	13694
from the hospital to a nursing facility and admitted.	13695

(d) Both of the following apply:

13696

(i) The individual is the subject of a report made under	13697
section 5101.61 of the Revised Code regarding abuse, neglect, or	13698
exploitation or such a report referred to a county department of	13699
job and family services under section 5126.31 of the Revised Code	13700
or has made a request to a county department for protective	13701
services as defined in section 5101.60 of the Revised Code.	13702

(ii) A county department of job and family services and an	13703
area agency on aging have jointly documented in writing that,	13704
unless the individual is enrolled in home and community-based	13705
services such as the PASSPORT program, the individual should be	13706
admitted to a nursing facility.	13707

(C) Each month, each area agency on aging shall identify	13708
individuals residing in the area that the agency serves who are	13709
eligible for the home first component of the PASSPORT program.	13710
When an area agency on aging identifies such an individual, the	13711
agency shall notify the long-term care consultation program	13712
administrator serving the area in which the individual resides.	13713
The administrator shall determine whether the PASSPORT program is	13714
appropriate for the individual and whether the individual would	13715
rather participate in the PASSPORT program than continue or begin	13716
to reside in a nursing facility. If the administrator determines	13717
that the PASSPORT program is appropriate for the individual and	13718
the individual would rather participate in the PASSPORT program	13719
than continue or begin to reside in a nursing facility, the	13720
administrator shall so notify the department of aging. On receipt	13721
of the notice from the administrator, the department shall approve	13722
the individual's enrollment in the medicaid-funded component of	13723
the PASSPORT program regardless of the unified waiting list	13724
established under section 173.404 of the Revised Code, unless the	13725
enrollment would cause the ~~PASSPORT program~~component to exceed	13726
any limit on the number of individuals who may be enrolled in the	13727
~~program~~component as set by the United States secretary of health	13728
and human services in the PASSPORT waiver.	13729

~~(D) Each quarter, the department of aging shall certify to~~	13730
~~the director of budget and management the estimated increase in~~	13731
~~costs of the PASSPORT program resulting from enrollment of~~	13732
~~individuals in the PASSPORT program pursuant to this section.~~	13733

Sec. 173.403. ~~"Choices~~(A) As used in this section:

13734

"Choices program" means the program created under this	13735
section.	13736

~~There~~"Medicaid waiver component" has the same meaning as in	13737
section 5111.85 of the Revised Code.	13738

"Unified long-term services and support medicaid waiver	13739
component" means the medicaid waiver component authorized by	13740
section 5111.863 of the Revised Code.	13741

(B) Subject to division (C) of this section, there is hereby	13742
created the choices program. The program shall provide home and	13743
community-based services. ~~The choices program shall be operated as~~	13744
~~a separate medicaid waiver component, as defined in section~~	13745
~~5111.85 of the Revised Code, until the United States secretary of~~	13746
~~health and human services approves the consolidated federal~~	13747
~~medicaid waiver sought under section 5111.861 of the Revised Code.~~	13748
~~The program shall be part of the consolidated federal medicaid~~	13749
~~waiver sought under that section if the United States secretary~~	13750
~~approves the waiver.~~ The department of aging shall administer the	13751
program through a contract entered into with the department of job	13752
and family services under section 5111.91 of the Revised Code.	13753
Subject to federal approval, the program shall be available	13754
statewide.	13755

(C) If the unified long-term services and support medicaid	13756
waiver component is created, the departments of aging and job and	13757
family services shall work together to determine whether the	13758
choices program should continue to operate as a separate medicaid	13759
waiver component or be terminated. If the departments determine	13760
that the choices program should be terminated, the program shall	13761
cease to exist on a date the departments shall specify.	13762

Sec. 173.404. (A) As used in this section:

13763

(1) "Department of aging-administered medicaid waiver	13764
component" means each of the following:	13765

(a) The medicaid-funded component of the PASSPORT program	13766
created under section 173.40 of the Revised Code;	13767

(b) The choices program created under section 173.403 of the	13768
Revised Code;	13769

(c) The medicaid-funded component of the assisted living	13770
program created under section 5111.89 of the Revised Code.	13771

(2) "PACE program" means the component of the medicaid	13772
program the department of aging administers pursuant to section	13773
173.50 of the Revised Code.	13774

(B) ~~The~~If the department of aging determines that there are	13775
insufficient funds to enroll all individuals who have applied and	13776
been determined eligible for department of aging-administered	13777
medicaid waiver components and the PACE program, the department of	13778
~~aging~~ shall establish a unified waiting list for ~~department of~~	13779
~~aging-administered medicaid waiver~~the components and ~~the PACE~~	13780
program. Only individuals eligible for a department of	13781
aging-administered medicaid waiver component or the PACE program	13782
may be placed on the unified waiting list. An individual who may	13783
be enrolled in a department of aging-administered medicaid waiver	13784
component or the PACE program through a home first component	13785
established under section 173.401, 173.501, or 5111.894 of the	13786
Revised Code may be so enrolled without being placed on the	13787
unified waiting list.	13788

Sec. 173.41. (A) The department of aging shall promote the	13789
development of a statewide aging and disabilities resource network	13790
through which older adults, adults with disabilities, and their	13791
caregivers are provided with both of the following:	13792

(1) Information on any long-term care service options	13793
available to the individuals;	13794

(2) Streamlined access to long-term care services, both	13795
publicly funded services and services available through private	13796
payment.	13797

(B) Area agencies on aging shall establish the network	13798
throughout the state. In doing so, the agencies shall collaborate	13799
with centers for independent living and other locally funded	13800
organizations to establish a cost-effective and consumer-friendly	13801
network that builds on existing, local infrastructures of services	13802
that support consumers in their communities.	13803

Sec. 173.42. (A) As used in sections 173.42 to 173.434 of	13804
the Revised Code:	13805

(1) "Area agency on aging" means a public or private	13806
nonprofit entity designated under section 173.011 of the Revised	13807
Code to administer programs on behalf of the department of aging.	13808

(2) "Department of aging-administered medicaid waiver	13809
component" means each of the following:	13810

(a) The medicaid-funded component of the PASSPORT program	13811
created under section 173.40 of the Revised Code;	13812

(b) The choices program created under section 173.403 of the	13813
Revised Code;	13814

(c) The medicaid-funded component of the assisted living	13815
program created under section 5111.89 of the Revised Code;	13816

(d) Any other medicaid waiver component, as defined in	13817
section 5111.85 of the Revised Code, that the department of aging	13818
administers pursuant to an interagency agreement with the	13819
department of job and family services under section 5111.91 of the	13820
Revised Code.	13821

(3) "Home and community-based services covered by medicaid	13822
components the department of aging administers" means all of the	13823
following:	13824

(a) Medicaid waiver services available to a participant in a	13825
department of aging-administered medicaid waiver component;	13826

(b) The following medicaid state plan services available to a	13827
participant in a department of aging-administered medicaid waiver	13828
component as specified in rules adopted under section 5111.02 of	13829
the Revised Code:	13830

(i) Home health services;

13831

(ii) Private duty nursing services;

13832

(iii) Durable medical equipment;

13833

(iv) Services of a clinical nurse specialist;

13834

(v) Services of a certified nurse practitioner.

13835

13836

(4) "Long-term care consultation" or "consultation" means the	13837
consultation service made available by the department of aging or	13838
a program administrator through the long-term care consultation	13839
program established pursuant to this section.	13840

(5) "Medicaid" means the medical assistance program	13841
established under Chapter 5111. of the Revised Code.	13842

(6) "Nursing facility" has the same meaning as in section	13843
5111.20 of the Revised Code.	13844

(7) "PACE program" means the component of the medicaid	13845
program the department of aging administers pursuant to section	13846
173.50 of the Revised Code.	13847

(8) "PASSPORT administrative agency" means an entity under	13848
contract with the department of aging to provide administrative	13849
services regarding the PASSPORT program.	13850

(9) "Program administrator" means an area agency on aging or	13851
other entity under contract with the department of aging to	13852
administer the long-term care consultation program in a geographic	13853
region specified in the contract.	13854

(10) "Representative" means a person acting on behalf of an	13855
individual specified in division (G) of this section. A	13856
representative may be a family member, attorney, hospital social	13857
worker, or any other person chosen to act on behalf of the	13858
individual.	13859

(B) The department of aging shall develop a long-term care	13860
consultation program whereby individuals or their representatives	13861
are provided with long-term care consultations and receive through	13862
these professional consultations information about options	13863
available to meet long-term care needs and information about	13864
factors to consider in making long-term care decisions. The	13865
long-term care consultations provided under the program may be	13866
provided at any appropriate time, as permitted or required under	13867
this section and the rules adopted under it, including either	13868
prior to or after the individual who is the subject of a	13869
consultation has been admitted to a nursing facility or granted	13870
assistance in receiving home and community-based services covered	13871
by medicaid components the department of aging administers.	13872

(C) The long-term care consultation program shall be	13873
administered by the department of aging, except that the	13874
department may have the program administered on a regional basis	13875
by one or more program administrators. The department and each	13876
program administrator shall administer the program in such a	13877
manner that all of the following are included:	13878

(1) Coordination and collaboration with respect to all	13879
available funding sources for long-term care services;	13880

(2) Assessments of individuals regarding their long-term care	13881
service needs;	13882

(3) Assessments of individuals regarding their on-going	13883
eligibility for long-term care services;	13884

(4) Procedures for assisting individuals in obtaining access	13885
to, and coordination of, health and supportive services, including	13886
department of aging-administered medicaid waiver components;	13887

(5) Priorities for using available resources efficiently and	13888
effectively.	13889

(D) The program's long-term care consultations shall be	13890
provided by individuals certified by the department under section	13891
173.422 of the Revised Code.	13892

(E) The information provided through a long-term care	13893
consultation shall be appropriate to the individual's needs and	13894
situation and shall address all of the following:	13895

(1) The availability of any long-term care options open to	13896
the individual;	13897

(2) Sources and methods of both public and private payment	13898
for long-term care services;	13899

(3) Factors to consider when choosing among the available	13900
programs, services, and benefits;	13901

(4) Opportunities and methods for maximizing independence and	13902
self-reliance, including support services provided by the	13903
individual's family, friends, and community.	13904

(F) An individual's long-term care consultation may include	13905
an assessment of the individual's functional capabilities. The	13906
consultation may incorporate portions of the determinations	13907
required under sections 5111.202, 5119.061, and 5123.021 of the	13908
Revised Code and may be provided concurrently with the assessment	13909
required under section 5111.204 of the Revised Code.	13910

(G)(1) Unless an exemption specified in division (I) of this	13911
section is applicable, each of the following shall be provided	13912
with a long-term care consultation:	13913

(a) An individual who applies or indicates an intention to	13914
apply for admission to a nursing facility, regardless of the	13915
source of payment to be used for the individual's care in a	13916
nursing facility;	13917

(b) An individual who requests a long-term care consultation;

13918

(c) An individual identified by the department or a program	13919
administrator as being likely to benefit from a long-term care	13920
consultation.	13921

(2) In addition to the individuals specified in division	13922
(G)(1) of this section, a long-term care consultation may be	13923
provided to a nursing facility resident regardless of the source	13924
of payment being used for the resident's care in the nursing	13925
facility.	13926

(H)(1) Except as provided in division (H)(2) or (3) of this	13927
section, a long-term care consultation provided pursuant to	13928
division (G) of this section shall be provided as follows:	13929

(a) If the individual for whom the consultation is being	13930
provided has applied for medicaid and the consultation is being	13931
provided concurrently with the assessment required under section	13932
5111.204 of the Revised Code, the consultation shall be completed	13933
in accordance with the applicable time frames specified in that	13934
section for providing a level of care determination based on the	13935
assessment.	13936

(b) In all other cases, the consultation shall be provided	13937
not later than five calendar days after the department or program	13938
administrator receives notice of the reason for which the	13939
consultation is to be provided pursuant to division (G) of this	13940
section.	13941

(2) An individual or the individual's representative may	13942
request that a long-term care consultation be provided on a date	13943
that is later than the date required under division (H)(1)(a) or	13944
(b) of this section.	13945

(3) If a long-term care consultation cannot be completed	13946
within the number of days required by division (H)(1) or (2) of	13947
this section, the department or program administrator may do any	13948
of the following:	13949

(a) In the case of an individual specified in division (G)(1)	13950
of this section, exempt the individual from the consultation	13951
pursuant to rules that may be adopted under division (L) of this	13952
section;	13953

(b) In the case of an applicant for admission to a nursing	13954
facility, provide the consultation after the individual is	13955
admitted to the nursing facility;	13956

(c) In the case of a resident of a nursing facility, provide	13957
the consultation as soon as practicable.	13958

(I) An individual is not required to be provided a long-term	13959
care consultation under division (G)(1) of this section if any of	13960
the following apply:	13961

(1) The department or program administrator has attempted to	13962
provide the consultation, but the individual or the individual's	13963
representative refuses to cooperate;	13964

(2) The individual is to receive care in a nursing facility	13965
under a contract for continuing care as defined in section 173.13	13966
of the Revised Code;	13967

(3) The individual has a contractual right to admission to a	13968
nursing facility operated as part of a system of continuing care	13969
in conjunction with one or more facilities that provide a less	13970
intensive level of services, including a residential care facility	13971
licensed under Chapter 3721. of the Revised Code, an adult care	13972
facility licensed under ~~Chapter 3722.~~sections 5119.70 to 5119.88	13973
of the Revised Code, or an independent living arrangement;	13974

(4) The individual is to receive continual care in a home for	13975
the aged exempt from taxation under section 5701.13 of the Revised	13976
Code;	13977

(5) The individual is seeking admission to a facility that is	13978
not a nursing facility with a provider agreement under section	13979
5111.22, 5111.671, or 5111.672 of the Revised Code;	13980

(6) The individual is exempted from the long-term care	13981
consultation requirement by the department or the program	13982
administrator pursuant to rules that may be adopted under division	13983
(L) of this section.	13984

(J) As part of the long-term care consultation program, the	13985
department or program administrator shall assist an individual or	13986
individual's representative in accessing all sources of care and	13987
services that are appropriate for the individual and for which the	13988
individual is eligible, including all available home and	13989
community-based services covered by medicaid components the	13990
department of aging administers. The assistance shall include	13991
providing for the conduct of assessments or other evaluations and	13992
the development of individualized plans of care or services under	13993
section 173.424 of the Revised Code.	13994

(K) No nursing facility for which an operator has a provider	13995
agreement under section 5111.22, 5111.671, or 5111.672 of the	13996
Revised Code shall admit any individual as a resident, unless the	13997
nursing facility has received evidence that a long-term care	13998
consultation has been completed for the individual or division (I)	13999
of this section is applicable to the individual.	14000

(L) The director of aging may adopt any rules the director	14001
considers necessary for the implementation and administration of	14002
this section. The rules shall be adopted in accordance with	14003
Chapter 119. of the Revised Code and may specify any or all of the	14004
following:	14005

(1) Procedures for providing long-term care consultations	14006
pursuant to this section;	14007

(2) Information to be provided through long-term care	14008
consultations regarding long-term care services that are	14009
available;	14010

(3) Criteria and procedures to be used to identify and	14011
recommend appropriate service options for an individual receiving	14012
a long-term care consultation;	14013

(4) Criteria for exempting individuals from the long-term	14014
care consultation requirement;	14015

(5) Circumstances under which it may be appropriate to	14016
provide an individual's long-term care consultation after the	14017
individual's admission to a nursing facility rather than before	14018
admission;	14019

(6) Criteria for identifying nursing facility residents who	14020
would benefit from the provision of a long-term care consultation;	14021

(7) A description of the types of information from a nursing	14022
facility that is needed under the long-term care consultation	14023
program to assist a resident with relocation from the facility;	14024

(8) Standards to prevent conflicts of interest relative to	14025
the referrals made by a person who performs a long-term care	14026
consultation, including standards that prohibit the person from	14027
being employed by a provider of long-term care services;	14028

(9) Procedures for providing notice and an opportunity for a	14029
hearing under division (N) of this section.	14030

(M) To assist the department and each program administrator	14031
with identifying individuals who are likely to benefit from a	14032
long-term care consultation, the department and program	14033
administrator may ask to be given access to nursing facility	14034
resident assessment data collected through the use of the resident	14035
assessment instrument specified in rules adopted under section	14036
5111.02 of the Revised Code for purposes of the medicaid program.	14037
Except when prohibited by state or federal law, the department of	14038
health, department of job and family services, or nursing facility	14039
holding the data shall grant access to the data on receipt of the	14040
request from the department of aging or program administrator.	14041

(N)(1) The director of aging, after providing notice and an	14042
opportunity for a hearing, may fine a nursing facility an amount	14043
determined by rules the director shall adopt in accordance with	14044
Chapter 119. of the Revised Code for any of the following reasons:	14045

(a) The nursing facility admits an individual, without	14046
evidence that a long-term care consultation has been provided, as	14047
required by this section;	14048

(b) The nursing facility denies a person attempting to	14049
provide a long-term care consultation access to the facility or a	14050
resident of the facility;	14051

(c) The nursing facility denies the department of aging or	14052
program administrator access to the facility or a resident of the	14053
facility, as the department or administrator considers necessary	14054
to administer the program.	14055

(2) In accordance with section 5111.62 of the Revised Code,	14056
all fines collected under division (N)(1) of this section shall be	14057
deposited into the state treasury to the credit of the residents	14058
protection fund.	14059

Sec. 173.45. As used in this section and in sections 173.46	14060
to 173.49 of the Revised Code:	14061

(A) "Adult care facility" has the same meaning as in section	14062
5119.70 of the Revised Code.	14063

(B) "Community-based long-term care services" has the same	14064
meaning as in section 173.14 of the Revised Code.	14065

(C) "Long-term care facility" means a nursing home or	14066
residential care facility.	14067

~~(B)~~(D) "Nursing home" and "residential care facility" have	14068
the same meanings as in section 3721.01 of the Revised Code.	14069

~~(C)~~(E) "Nursing facility" has the same meaning as in section	14070
5111.20 of the Revised Code.	14071

Sec. 173.46. (A) The department of aging shall develop and	14072
publish a guide to long-term care facilities for use by	14073
individuals considering long-term care facility admission and	14074
their families, friends, and advisors. The guide, which shall be	14075
titled the Ohio long-term care consumer guide, may be published in	14076
printed form or in electronic form for distribution over the	14077
internet. The guide may be developed as a continuation or	14078
modification of the guide published by the department prior to ~~the~~	14079
~~effective date of this section~~September 29, 2005, under rules	14080
adopted under section 173.02 of the Revised Code.	14081

(B) The Ohio long-term care consumer guide shall include	14082
information on each long-term care facility in this state. For	14083
each facility, the guide shall include the following information,	14084
as applicable to the facility:	14085

(1) Information regarding the facility's compliance with	14086
state statutes and rules and federal statutes and regulations;	14087

(2) Information generated by the centers for medicare and	14088
medicaid services of the United States department of health and	14089
human services from the quality measures developed as part of its	14090
nursing home quality initiative;	14091

(3) Results of the customer satisfaction surveys conducted	14092
under section 173.47 of the Revised Code;	14093

(4) Any other information the department specifies in rules	14094
adopted under section 173.49 of the Revised Code.	14095

(C) The Ohio long-term care consumer guide may include	14096
information on adult care facilities and providers of	14097
community-based long-term care services. The department may adopt	14098
rules under section 173.49 of the Revised Code to specify the	14099
information to be included in the guide pursuant to this division.	14100

Sec. 173.47. (A) For purposes of publishing the Ohio	14101
long-term care consumer guide, the department of aging shall	14102
conduct or provide for the conduct of an annual customer	14103
satisfaction survey of each long-term care facility. The results	14104
of the surveys may include information obtained from long-term	14105
care facility residents, their families, or both.	14106

(B)~~(1) The department may charge fees for the conduct of~~	14107
~~annual customer satisfaction surveys. The department may contract~~	14108
~~with any person or government entity to collect the fees on its~~	14109
~~behalf. All fees collected under this section shall be deposited~~	14110
~~in accordance with section 173.48 of the Revised Code.~~	14111

~~(2) The fees charged under this section shall not exceed the~~	14112
~~following amounts:~~	14113

~~(a) Four hundred dollars for the customer satisfaction survey~~	14114
~~of a long-term care facility that is a nursing home;~~	14115

~~(b) Three hundred dollars for the customer satisfaction~~	14116
~~survey pertaining to a long-term care facility that is a~~	14117
~~residential care facility.~~	14118

~~(3) Fees paid by a long-term care facility that is a nursing~~	14119
~~facility shall be reimbursed through the medicaid program operated~~	14120
~~under Chapter 5111. of the Revised Code.~~	14121

~~(C)~~ Each long-term care facility shall cooperate in the	14122
conduct of its annual customer satisfaction survey.	14123

Sec. 173.48. (A)(1) The department of aging may charge annual	14124
fees to long-term care facilities for the publication of the Ohio	14125
long-term care consumer guide. The department may contract with	14126
any person or government entity to collect the fees on its behalf.	14127
All fees collected under this section shall be deposited in	14128
accordance with division (B) of this section.	14129

(2) The annual fees charged under this section shall not	14130
exceed the following amounts:	14131

(a) Six hundred fifty dollars for each long-term care	14132
facility that is a nursing home;	14133

(b) Three hundred dollars for each long-term care facility	14134
that is a residential care facility.	14135

(3) Fees paid by a long-term care facility that is a nursing	14136
facility shall be reimbursed through the medicaid program operated	14137
under Chapter 5111. of the Revised Code.	14138

(B) There is hereby created in the state treasury the	14139
long-term care consumer guide fund. Money collected from the fees	14140
charged for the ~~conduct of customer satisfaction surveys~~	14141
publication of the Ohio long-term care consumer guide under	14142
division (A) of this section ~~173.47 of the Revised Code~~ shall be	14143
credited to the fund. The department ~~of aging~~ shall use money in	14144
the fund for costs associated with publishing the Ohio long-term	14145
care consumer guide, including, but not limited to, costs incurred	14146
in conducting or providing for the conduct of customer	14147
satisfaction surveys.	14148

Sec. 173.501. (A) As used in this section:

14149

"Nursing facility" has the same meaning as in section 5111.20	14150
of the Revised Code.	14151

"PACE provider" has the same meaning as in 42 U.S.C.	14152
1396u-4(a)(3).	14153

(B) The department of aging shall establish a home first	14154
component of the PACE program under which eligible individuals may	14155
be enrolled in the PACE program in accordance with this section.	14156
An individual is eligible for the PACE program's home first	14157
component if ~~all~~both of the following apply:	14158

(1) The individual ishas been determined to be eligible for	14159
the PACE program.	14160

(2) ~~The individual is on the unified waiting list established~~	14161
~~under section 173.404 of the Revised Code.~~	14162

~~(3)~~ At least one of the following applies:

14163

(a) The individual has been admitted to a nursing facility.

14164

(b) A physician has determined and documented in writing that	14165
the individual has a medical condition that, unless the individual	14166
is enrolled in home and community-based services such as the PACE	14167
program, will require the individual to be admitted to a nursing	14168
facility within thirty days of the physician's determination.	14169

(c) The individual has been hospitalized and a physician has	14170
determined and documented in writing that, unless the individual	14171
is enrolled in home and community-based services such as the PACE	14172
program, the individual is to be transported directly from the	14173
hospital to a nursing facility and admitted.	14174

(d) Both of the following apply:

14175

(i) The individual is the subject of a report made under	14176
section 5101.61 of the Revised Code regarding abuse, neglect, or	14177
exploitation or such a report referred to a county department of	14178
job and family services under section 5126.31 of the Revised Code	14179
or has made a request to a county department for protective	14180
services as defined in section 5101.60 of the Revised Code.	14181

(ii) A county department of job and family services and an	14182
area agency on aging have jointly documented in writing that,	14183
unless the individual is enrolled in home and community-based	14184
services such as the PACE program, the individual should be	14185
admitted to a nursing facility.	14186

(C) Each month, the department of aging shall identify	14187
individuals who are eligible for the home first component of the	14188
PACE program. When the department identifies such an individual,	14189
the department shall notify the PACE provider serving the area in	14190
which the individual resides. The PACE provider shall determine	14191
whether the PACE program is appropriate for the individual and	14192
whether the individual would rather participate in the PACE	14193
program than continue or begin to reside in a nursing facility. If	14194
the PACE provider determines that the PACE program is appropriate	14195
for the individual and the individual would rather participate in	14196
the PACE program than continue or begin to reside in a nursing	14197
facility, the PACE provider shall so notify the department of	14198
aging. On receipt of the notice from the PACE provider, the	14199
department of aging shall approve the individual's enrollment in	14200
the PACE program in accordance with priorities established in	14201
rules adopted under section 173.50 of the Revised Code.	14202

~~(D) Each quarter, the department of aging shall certify to~~	14203
~~the director of budget and management the estimated increase in~~	14204
~~costs of the PACE program resulting from enrollment of individuals~~	14205
~~in the PACE program pursuant to this section.~~	14206

Sec. 183.151. (A) As used in this section, "eligible	14207
institution of higher education" includes any of the following:	14208

(1) A state institution of higher education as defined in	14209
section 3345.011 of the Revised Code;	14210

(2) A private, nonprofit college or university that holds a	14211
certificate of authorization issued under Chapter 1713. of the	14212
Revised Code;	14213

(3) An institution that has a certificate of registration	14214
from the state board of career colleges and schools;	14215

(4) A private institution exempt from regulation under	14216
Chapter 3332. of the Revised Code as prescribed in section	14217
3333.046 of the Revised Code;	14218

(5) An institution of higher education located outside of the	14219
state, but within fifty miles of the borders of this state.	14220

(B) Grants or loans awarded by the southern Ohio agricultural	14221
and community development foundation to provide education and	14222
training assistance pursuant to section 183.15 of the Revised Code	14223
shall be limited to applicants who are enrolled in an eligible	14224
institution of higher education. This section applies to grants	14225
and loans awarded by the foundation after the effective date of	14226
this section.	14227

Sec. 183.30. (A)(1) Except as provided in division ~~(C)~~(A)(2)	14228
of this section, no more than five per cent of the total	14229
disbursements, encumbrances, and obligations of the southern Ohio	14230
agricultural and community development foundation in a fiscal year	14231
shall be for administrative expenses of the foundation in the same	14232
fiscal year.	14233

~~(B) Except as provided in division (C) of this section, no~~	14234
~~more than five per cent of the total disbursements, encumbrances,~~	14235
~~and obligations of the biomedical research and technology transfer~~	14236
~~trust fund in a fiscal year shall be for expenses relating to the~~	14237
~~administration of the trust fund by the third frontier commission~~	14238
~~in the same fiscal year.~~	14239

~~(C) This section's~~(2) The five per cent limitation on	14240
administrative expenses does not apply to any fiscal year for	14241
which the controlling board approves a spending plan that the	14242
foundation ~~or commission~~ submits to the board.	14243

(B) Payments may be made from the biomedical research and	14244
technology transfer trust fund for third frontier commission	14245
expenses related to the administration of awards made from the	14246
fund prior to the effective date of this section. No such payments	14247
shall be made after June 30, 2013.	14248

Sec. 183.51. (A) As used in this section and in the	14249
applicable bond proceedings unless otherwise provided:	14250

(1) "Bond proceedings" means the resolutions, orders,	14251
indentures, purchase and sale and trust and other agreements	14252
including any amendments or supplements to them, and credit	14253
enhancement facilities, and amendments and supplements to them, or	14254
any one or more or combination of them, authorizing, awarding, or	14255
providing for the terms and conditions applicable to or providing	14256
for the security or liquidity of, the particular obligations, and	14257
the provisions contained in those obligations.	14258

(2) "Bond service fund" means the bond service fund created	14259
in the bond proceedings for the obligations.	14260

(3) "Capital facilities" means, as applicable, capital	14261
facilities or projects as referred to in section 151.03 or 151.04	14262
of the Revised Code.	14263

(4) "Consent decree" means the consent decree and final	14264
judgment entered November 25, 1998, in the court of common pleas	14265
of Franklin county, Ohio, as the same may be amended or	14266
supplemented from time to time.	14267

(5) "Cost of capital facilities" has the same meaning as in	14268
section 151.01 of the Revised Code, as applicable.	14269

(6) "Credit enhancement facilities," "financing costs," and	14270
"interest" or "interest equivalent" have the same meanings as in	14271
section 133.01 of the Revised Code.	14272

(7) "Debt service" means principal, including any mandatory	14273
sinking fund or redemption requirements for retirement of	14274
obligations, interest and other accreted amounts, interest	14275
equivalent, and any redemption premium, payable on obligations. If	14276
not prohibited by the applicable bond proceedings, "debt service"	14277
may include costs relating to credit enhancement facilities that	14278
are related to and represent, or are intended to provide a source	14279
of payment of or limitation on, other debt service.	14280

(8) "Improvement fund" means, as applicable, the school	14281
building program assistance fund created in section 3318.25 of the	14282
Revised Code and the higher education improvement fund created in	14283
section 154.21 of the Revised Code.	14284

(9) "Issuing authority" means the buckeye tobacco settlement	14285
financing authority created in section 183.52 of the Revised Code.	14286

(10) "Net proceeds" means amounts received from the sale of	14287
obligations, excluding amounts used to refund or retire	14288
outstanding obligations, amounts required to be deposited into	14289
special funds pursuant to the applicable bond proceedings, and	14290
amounts to be used to pay financing costs.	14291

(11) "Obligations" means bonds, notes, or other evidences of	14292
obligation of the issuing authority, including any appertaining	14293
interest coupons, issued by the issuing authority under this	14294
section and Section 2i of Article VIII, Ohio Constitution, for the	14295
purpose of providing funds to the state, in exchange for the	14296
assignment and sale described in division (B) of this section, for	14297
the purpose of paying costs of capital facilities for: (a) housing	14298
branches and agencies of state government limited to facilities	14299
for a system of common schools throughout the state and (b)	14300
state-supported or state-assisted institutions of higher	14301
education.	14302

(12) "Pledged receipts" means, as and to the extent provided	14303
for in the applicable bond proceedings:	14304

(a) Pledged tobacco settlement receipts;

14305

(b) Accrued interest received from the sale of obligations;

14306

14307

(d) Additional or any other specific revenues or receipts	14308
lawfully available to be pledged, and pledged, pursuant to the	14309
bond proceedings, including but not limited to amounts received	14310
under credit enhancement facilities, to the payment of debt	14311
service.	14312

(13) "Pledged tobacco settlement receipts" means all amounts	14313
received by the issuing authority pursuant to division (B) of this	14314
section.	14315

(14) "Principal amount" means the aggregate of the amount as	14316
stated or provided for in the applicable bond proceedings as the	14317
amount on which interest or interest equivalent on particular	14318
obligations is initially calculated. "Principal amount" does not	14319
include any premium paid to the issuing authority by the initial	14320
purchaser of the obligations. "Principal amount" of a capital	14321
appreciation bond, as defined in division (C) of section 3334.01	14322
of the Revised Code, means its original face amount and not its	14323
accreted value, and "principal amount" of a zero coupon bond, as	14324
defined in division (J) of section 3334.01 of the Revised Code,	14325
means the discounted offering price at which the bond is initially	14326
sold to the public, disregarding any purchase price discount to	14327
the original purchaser, if provided in or for pursuant to the bond	14328
proceedings.	14329

(15) "Special funds" or "funds," unless the context indicates	14330
otherwise, means the bond service fund, and any other funds,	14331
including any reserve funds, created under the bond proceedings	14332
and stated to be special funds in those proceedings, including	14333
moneys and investments, and earnings from investments, credited	14334
and to be credited to the particular fund. "Special funds" does	14335
not include any improvement fund or investment earnings on amounts	14336
in any improvement fund, or other funds created by the bond	14337
proceedings that are not stated by those proceedings to be special	14338
funds.	14339

(B) The state may assign and sell to the issuing authority,	14340
and the issuing authority may accept and purchase, all or a	14341
portion of the amounts to be received by the state under the	14342
tobacco master settlement agreement for a purchase price payable	14343
by the issuing authority to the state consisting of the net	14344
proceeds of obligations and any residual interest, if any. Any	14345
such assignment and sale shall be irrevocable in accordance with	14346
its terms during the period any obligations secured by amounts so	14347
assigned and sold are outstanding under the applicable bond	14348
proceedings, and shall constitute a contractual obligation to the	14349
holders or owners of those obligations. Any such assignment and	14350
sale shall also be treated as an absolute transfer and true sale	14351
for all purposes, and not as a pledge or other security interest.	14352
The characterization of any such assignment and sale as a true	14353
sale and absolute transfer shall not be negated or adversely	14354
affected by only a portion of the amounts to be received under the	14355
tobacco master settlement agreement being transferred, the	14356
acquisition or retention by the state of a residual interest, the	14357
participation of any state officer or employee as a member or	14358
officer of, or providing staff support to, the issuing authority,	14359
any responsibility of an officer or employee of the state for	14360
collecting the amounts to be received under the tobacco master	14361
settlement agreement or otherwise enforcing that agreement or	14362
retaining any legal title to or interest in any portion of the	14363
amounts to be received under that agreement for the purpose of	14364
these collection activities, any characterization of the issuing	14365
authority or its obligations for purposes of accounting, taxation,	14366
or securities regulation, or by any other factors whatsoever. A	14367
true sale shall exist under this section regardless of whether the	14368
issuing authority has any recourse against the state or any other	14369
term of the bond proceedings or the treatment or characterization	14370
of the transfer as a financing for any purpose. Upon and following	14371
the assignment and sale, the state shall not have any right,	14372
title, or interest in the portion of the receipts under the	14373
tobacco master settlement agreement so assigned and sold, other	14374
than any residual interest that may be described in the applicable	14375
bond proceedings for those obligations, and that portion, if any,	14376
shall be the property of the issuing authority and not of the	14377
state, and shall be paid directly to the issuing authority, and	14378
shall be owned, received, held, and disbursed by the issuing	14379
authority and not by the state.	14380

The state may covenant, pledge, and agree in the bond	14381
proceedings, with and for the benefit of the issuing authority,	14382
the holders and owners of obligations, and providers of any credit	14383
enhancement facilities, that it shall: (1) maintain statutory	14384
authority for, and cause to be collected and paid directly to the	14385
issuing authority or its assignee, the pledged receipts, (2)	14386
enforce the rights of the issuing authority to receive the	14387
receipts under the tobacco master settlement agreement assigned	14388
and sold to the issuing authority, (3) not materially impair the	14389
rights of the issuing authority to fulfill the terms of its	14390
agreements with the holders or owners of outstanding obligations	14391
under the bond proceedings, (4) not materially impair the rights	14392
and remedies of the holders or owners of outstanding obligations	14393
or materially impair the security for those outstanding	14394
obligations, and (5) enforce Chapter 1346. of the Revised Code,	14395
the tobacco master settlement agreement, and the consent decree to	14396
effectuate the collection of the pledged tobacco settlement	14397
receipts. The bond proceedings may provide or authorize the manner	14398
for determining material impairment of the security for any	14399
outstanding obligations, including by assessing and evaluating the	14400
pledged receipts in the aggregate.	14401

As further provided for in division (H) of this section, the	14402
bond proceedings may also include such other covenants, pledges,	14403
and agreements by the state to protect and safeguard the security	14404
and rights of the holders and owners of the obligations, and of	14405
the providers of any credit enhancement facilities, including,	14406
without limiting the generality of the foregoing, any covenant,	14407
pledge, or agreement customary in transactions involving the	14408
issuance of securities the debt service on which is payable from	14409
or secured by amounts received under the tobacco master settlement	14410
agreement. Notwithstanding any other provision of law, any	14411
covenant, pledge, and agreement of the state, if and when made in	14412
the bond proceedings, shall be controlling and binding upon, and	14413
enforceable against the state in accordance with its terms for so	14414
long as any obligations are outstanding under the applicable bond	14415
proceedings. The bond proceedings may also include limitations on	14416
the remedies available to the issuing authority, the holders and	14417
owners of the obligations, and the providers of any credit	14418
enhancement facilities, including, without limiting the generality	14419
of the foregoing, a provision that those remedies may be limited	14420
to injunctive relief in circumstances where there has been no	14421
prior determination by a court of competent jurisdiction that the	14422
state has not enforced Chapter 1346. of the Revised Code, the	14423
tobacco master settlement agreement, or the consent decree as may	14424
have been covenanted or agreed in the bond proceedings under	14425
division (B)(5) of this section.	14426

Nothing in this section or the bond proceedings shall	14427
preclude or limit, or be construed to preclude or limit, the state	14428
from regulating or authorizing or permitting the regulation of	14429
smoking or from taxing and regulating the sale of cigarettes or	14430
other tobacco products, or from defending or prosecuting cases or	14431
other actions relating to the sale or use of cigarettes or other	14432
tobacco products. Except as otherwise may be agreed in writing by	14433
the attorney general, nothing in this section or the bond	14434
proceedings shall modify or limit, or be construed to modify or	14435
limit, the responsibility, power, judgment, and discretion of the	14436
attorney general to protect and discharge the duties, rights, and	14437
obligations of the state under the tobacco master settlement	14438
agreement, the consent decree, or Chapter 1346. of the Revised	14439
Code.	14440

The governor and the director of budget and management, in	14441
consultation with the attorney general, on behalf of the state,	14442
and any member or officer of the issuing authority as authorized	14443
by that issuing authority, on behalf of the issuing authority, may	14444
take any action and execute any documents, including any purchase	14445
and sale agreements, necessary to effect the assignment and sale	14446
and the acceptance of the assignment and title to the receipts	14447
including, providing irrevocable direction to the escrow agent	14448
acting under the tobacco master settlement agreement to transfer	14449
directly to the issuing authority the amounts to be received under	14450
that agreement that are subject to such assignment and sale. Any	14451
purchase and sale agreement or other bond proceedings may contain	14452
the terms and conditions established by the state and the issuing	14453
authority to carry out and effectuate the purposes of this	14454
section, including, without limitation, covenants binding the	14455
state in favor of the issuing authority and its assignees and the	14456
owners of the obligations. Any such purchase and sale agreement	14457
shall be sufficient to effectuate such purchase and sale without	14458
regard to any other laws governing other property sales or	14459
financial transactions by the state.	14460

Not later than two years following the date on which there	14461
are no longer any obligations outstanding under the bond	14462
proceedings, all assets of the issuing authority shall vest in the	14463
state, the issuing authority shall execute any necessary	14464
assignments or instruments, including any assignment of any right,	14465
title, or ownership to the state for receipt of amounts under the	14466
tobacco master settlement agreement, and the issuing authority	14467
shall be dissolved.	14468

(C) The issuing authority is authorized to issue and to sell	14469
obligations as provided in this section. The aggregate principal	14470
amount of obligations issued under this section shall not exceed	14471
six billion dollars, exclusive of obligations issued under	14472
division (M)(1) of this section to refund, renew, or advance	14473
refund other obligations issued or incurred. At least seventy-five	14474
per cent of the aggregate net proceeds of the obligations issued	14475
under the authority of this section, exclusive of obligations	14476
issued to refund, renew, or advance refund other obligations,	14477
shall be paid to the state for deposit into the school building	14478
program assistance fund created in section 3318.25 of the Revised	14479
Code.	14480

(D) Each issue of obligations shall be authorized by	14481
resolution or order of the issuing authority. The bond proceedings	14482
shall provide for or authorize the manner for determining the	14483
principal amount or maximum principal amount of obligations of an	14484
issue, the principal maturity or maturities, the interest rate or	14485
rates, the date of and the dates of payment of interest on the	14486
obligations, their denominations, and the place or places of	14487
payment of debt service which may be within or outside the state.	14488
Unless otherwise provided by law, the latest principal maturity	14489
may not be later than the earlier of the thirty-first day of	14490
December of the fiftieth calendar year after the year of issuance	14491
of the particular obligations or of the fiftieth calendar year	14492
after the year in which the original obligation to pay was issued	14493
or entered into. Sections 9.96, 9.98, 9.981, 9.982, and 9.983 of	14494
the Revised Code apply to the obligations.	14495

The purpose of the obligations may be stated in the bond	14496
proceedings in general terms, such as, as applicable, "paying	14497
costs of capital facilities for a system of common schools" and	14498
"paying costs of facilities for state-supported and state-assisted	14499
institutions of higher education." Unless otherwise provided in	14500
the bond proceedings or in division (C) of this section, the net	14501
proceeds from the issuance of the obligations shall be paid to the	14502
state for deposit into the applicable improvement fund. In	14503
addition to the investments authorized in Chapter 135. of the	14504
Revised Code, the net proceeds held in an improvement fund may be	14505
invested by the treasurer of state in guaranteed investment	14506
contracts with providers rated at the time of any investment in	14507
the three highest rating categories by two nationally recognized	14508
rating agencies, all subject to the terms and conditions set forth	14509
in those agreements or the bond proceedings. Notwithstanding	14510
~~division (B)(4) of section 3318.38~~anything to the contrary in	14511
Chapter 3318. of the Revised Code, net proceeds of obligations	14512
deposited into the school building program assistance fund created	14513
in section 3318.25 of the Revised Code may be used to pay basic	14514
project costs under ~~section 3318.38 of the Revised Code~~that	14515
chapter at the times determined by the Ohio school facilities	14516
commission without regard to whether those expenditures are in	14517
proportion to the state's and the school district's respective	14518
shares of that basic project cost; provided that this shall not	14519
result in any change in the state or school district shares of the	14520
basic project costs ~~provided under Chapter 3318. of the Revised~~	14521
~~Code~~as determined under that chapter. As used in the preceding	14522
sentence, "Ohio school facilities commission" and "basic project	14523
costs" have the same meanings as in section 3318.01 of the Revised	14524
Code.	14525

(E) The issuing authority may, without need for any other	14526
approval, appoint or provide for the appointment of paying agents,	14527
bond registrars, securities depositories, credit enhancement	14528
providers or counterparties, clearing corporations, and transfer	14529
agents, and retain or contract for the services of underwriters,	14530
investment bankers, financial advisers, accounting experts,	14531
marketing, remarketing, indexing, and administrative agents, other	14532
consultants, and independent contractors, including printing	14533
services, as are necessary in the judgment of the issuing	14534
authority to carry out the issuing authority's functions under	14535
this section and section 183.52 of the Revised Code. The attorney	14536
general as counsel to the issuing authority shall represent the	14537
authority in the execution of its powers and duties, and shall	14538
institute and prosecute all actions on its behalf. The issuing	14539
authority, in consultation with the attorney general, shall select	14540
counsel, and the attorney general shall appoint the counsel	14541
selected, for the purposes of carrying out the functions under	14542
this section and related sections of the Revised Code. Financing	14543
costs are payable, as may be provided in the bond proceedings,	14544
from the proceeds of the obligations, from special funds, or from	14545
other moneys available for the purpose, including as to future	14546
financing costs, from the pledged receipts.	14547

(F) The issuing authority may irrevocably pledge and assign	14548
all, or such portion as the issuing authority determines, of the	14549
pledged receipts to the payment of the debt service charges on	14550
obligations issued under this section, and for the establishment	14551
and maintenance of any reserves, as provided in the bond	14552
proceedings, and make other provisions in the bond proceedings	14553
with respect to pledged receipts as authorized by this section,	14554
which provisions are controlling notwithstanding any other	14555
provisions of law pertaining to them. Any and all pledged receipts	14556
received by the issuing authority and required by the bond	14557
proceedings, consistent with this section, to be deposited,	14558
transferred, or credited to the bond service fund, and all other	14559
money transferred or allocated to or received for the purposes of	14560
that fund, shall be deposited and credited to the bond service	14561
fund created in the bond proceedings for the obligations, subject	14562
to any applicable provisions of those bond proceedings, but	14563
without necessity for any act of appropriation. Those pledged	14564
receipts shall immediately be subject to the lien of that pledge	14565
without any physical delivery thereof or further act, and shall	14566
not be subject to other court judgments. The lien of the pledge of	14567
those pledged receipts shall be valid and binding against all	14568
parties having claims of any kind against the issuing authority,	14569
irrespective of whether those parties have notice thereof. The	14570
pledge shall create a perfected security interest for all purposes	14571
of Chapter 1309. of the Revised Code and a perfected lien for	14572
purposes of any other interest, all without the necessity for	14573
separation or delivery of funds or for the filing or recording of	14574
the applicable bond proceedings by which that pledge is created or	14575
any certificate, statement, or other document with respect	14576
thereto. The pledge of the pledged receipts shall be effective and	14577
the money therefrom and thereof may be applied to the purposes for	14578
which pledged.	14579

(G) Obligations may be further secured, as determined by the	14580
issuing authority, by an indenture or a trust agreement between	14581
the issuing authority and a corporate trustee, which may be any	14582
trust company or bank having a place of business within the state.	14583
Any indenture or trust agreement may contain the resolution or	14584
order authorizing the issuance of the obligations, any provisions	14585
that may be contained in any bond proceedings, and other	14586
provisions that are customary or appropriate in an agreement of	14587
that type, including, but not limited to:	14588

(1) Maintenance of each pledge, indenture, trust agreement,	14589
or other instrument comprising part of the bond proceedings until	14590
the issuing authority has fully paid or provided for the payment	14591
of debt service on the obligations secured by it;	14592

(2) In the event of default in any payments required to be	14593
made by the bond proceedings, enforcement of those payments or	14594
agreements by mandamus, the appointment of a receiver, suit in	14595
equity, action at law, or any combination of them;	14596

(3) The rights and remedies of the holders or owners of	14597
obligations and of the trustee and provisions for protecting and	14598
enforcing them, including limitations on rights of individual	14599
holders and owners.	14600

(H) The bond proceedings may contain additional provisions	14601
customary or appropriate to the financing or to the obligations or	14602
to particular obligations including, but not limited to,	14603
provisions for:	14604

(1) The redemption of obligations prior to maturity at the	14605
option of the issuing authority or of the holder or upon the	14606
occurrence of certain conditions, and at a particular price or	14607
prices and under particular terms and conditions;	14608

(2) The form of and other terms of the obligations;

14609

(3) The establishment, deposit, investment, and application	14610
of special funds, and the safeguarding of moneys on hand or on	14611
deposit, in lieu of the applicability of provisions of Chapter	14612
131. or 135. of the Revised Code, but subject to any special	14613
provisions of this section with respect to the application of	14614
particular funds or moneys. Any financial institution that acts as	14615
a depository of any moneys in special funds or other funds under	14616
the bond proceedings may furnish indemnifying bonds or pledge	14617
securities as required by the issuing authority.	14618

(4) Any or every provision of the bond proceedings being	14619
binding upon the issuing authority and upon such governmental	14620
agency or entity, officer, board, authority, agency, department,	14621
institution, district, or other person or body as may from time to	14622
time be authorized to take actions as may be necessary to perform	14623
all or any part of the duty required by the provision;	14624

(5) The maintenance of each pledge or instrument comprising	14625
part of the bond proceedings until the issuing authority has fully	14626
paid or provided for the payment of the debt service on the	14627
obligations or met other stated conditions;	14628

(6) In the event of default in any payments required to be	14629
made by the bond proceedings, or by any other agreement of the	14630
issuing authority made as part of a contract under which the	14631
obligations were issued or secured, including a credit enhancement	14632
facility, the enforcement of those payments by mandamus, a suit in	14633
equity, an action at law, or any combination of those remedial	14634
actions;	14635

(7) The rights and remedies of the holders or owners of	14636
obligations or of book-entry interests in them, and of third	14637
parties under any credit enhancement facility, and provisions for	14638
protecting and enforcing those rights and remedies, including	14639
limitations on rights of individual holders or owners;	14640

(8) The replacement of mutilated, destroyed, lost, or stolen	14641
obligations;	14642

(9) The funding, refunding, or advance refunding, or other	14643
provision for payment, of obligations that will then no longer be	14644
outstanding for purposes of this section or of the applicable bond	14645
proceedings;	14646

(10) Amendment of the bond proceedings;

14647

(11) Any other or additional agreements with the owners of	14648
obligations, and such other provisions as the issuing authority	14649
determines, including limitations, conditions, or qualifications,	14650
relating to any of the foregoing or the activities of the issuing	14651
authority in connection therewith.	14652

The bond proceedings shall make provision for the payment of	14653
the expenses of the enforcement activity of the attorney general	14654
referred to in division (B) of this section from the amounts from	14655
the tobacco master settlement agreement assigned and sold to the	14656
issuing authority under that division or from the proceeds of	14657
obligations, or a combination thereof, which may include provision	14658
for both annual payments and a special fund providing reserve	14659
amounts for the payment of those expenses.	14660

The issuing authority shall not, and shall covenant in the	14661
bond proceedings that it shall not, be authorized to and shall not	14662
file a voluntary petition under the United States Bankruptcy Code,	14663
11 U.S.C. 101 et seq., as amended, or voluntarily commence any	14664
similar bankruptcy proceeding under state law including, without	14665
limitation, consenting to the appointment of a receiver or trustee	14666
or making a general or specific assignment for the benefit of	14667
creditors, and neither any public officer or any organization,	14668
entity, or other person shall authorize the issuing authority to	14669
be or become a debtor under the United States Bankruptcy Code or	14670
take any of those actions under the United States Bankruptcy Code	14671
or state law. The state hereby covenants, and the issuing	14672
authority shall covenant, with the holders or owners of the	14673
obligations, that the state shall not permit the issuing authority	14674
to file a voluntary petition under the United States Bankruptcy	14675
Code or take any of those actions under the United States	14676
Bankruptcy Code or state law during the period obligations are	14677
outstanding and for any additional period for which the issuing	14678
authority covenants in the bond proceedings, which additional	14679
period may, but need not, be a period of three hundred sixty-seven	14680
days or more.	14681

(I) The obligations requiring execution by or for the issuing	14682
authority shall be signed as provided in the bond proceedings, and	14683
may bear the official seal of the issuing authority or a facsimile	14684
thereof. Any obligation may be signed by the individual who, on	14685
the date of execution, is the authorized signer even though, on	14686
the date of the obligations, that individual is not an authorized	14687
signer. In case the individual whose signature or facsimile	14688
signature appears on any obligation ceases to be an authorized	14689
signer before delivery of the obligation, that signature or	14690
facsimile is nevertheless valid and sufficient for all purposes as	14691
if that individual had remained the authorized signer until	14692
delivery.	14693

(J) Obligations are investment securities under Chapter 1308.	14694
of the Revised Code. Obligations may be issued in bearer or in	14695
registered form, registrable as to principal alone or as to both	14696
principal and interest, or both, or in certificated or	14697
uncertificated form, as the issuing authority determines.	14698
Provision may be made for the exchange, conversion, or transfer of	14699
obligations and for reasonable charges for registration, exchange,	14700
conversion, and transfer. Pending preparation of final	14701
obligations, the issuing authority may provide for the issuance of	14702
interim instruments to be exchanged for the final obligations.	14703

(K) Obligations may be sold at public sale or at private	14704
sale, in such manner, and at such price at, above, or below par,	14705
all as determined by and provided by the issuing authority in the	14706
bond proceedings.	14707

(L) Except to the extent that rights are restricted by the	14708
bond proceedings, any owner of obligations or provider of or	14709
counterparty to a credit enhancement facility may by any suitable	14710
form of legal proceedings protect and enforce any rights relating	14711
to obligations or that facility under the laws of this state or	14712
granted by the bond proceedings. Those rights include the right to	14713
compel the performance of all applicable duties of the issuing	14714
authority and the state. Each duty of the issuing authority and	14715
that issuing authority's officers, staff, and employees, and of	14716
each state entity or agency, or using district or using	14717
institution, and its officers, members, staff, or employees,	14718
undertaken pursuant to the bond proceedings, is hereby established	14719
as a duty of the entity or individual having authority to perform	14720
that duty, specifically enjoined by law and resulting from an	14721
office, trust, or station within the meaning of section 2731.01 of	14722
the Revised Code. The individuals who are from time to time	14723
members of the issuing authority, or their designees acting	14724
pursuant to section 183.52 of the Revised Code, or the issuing	14725
authority's officers, staff, agents, or employees, when acting	14726
within the scope of their employment or agency, shall not be	14727
liable in their personal capacities on any obligations or	14728
otherwise under the bond proceedings, or for otherwise exercising	14729
or carrying out any purposes or powers of the issuing authority.	14730

(M)(1) Subject to any applicable limitations in division (C)	14731
of this section, the issuing authority may also authorize and	14732
provide for the issuance of:	14733

(a) Obligations in the form of bond anticipation notes, and	14734
may authorize and provide for the renewal of those notes from time	14735
to time by the issuance of new notes. The holders of notes or	14736
appertaining interest coupons have the right to have debt service	14737
on those notes paid solely from the moneys and special funds, and	14738
all or any portion of the pledged receipts, that are or may be	14739
pledged to that payment, including the proceeds of bonds or	14740
renewal notes or both, as the issuing authority provides in the	14741
bond proceedings authorizing the notes. Notes may be additionally	14742
secured by covenants of the issuing authority to the effect that	14743
the issuing authority will do all things necessary for the	14744
issuance of bonds or renewal notes in such principal amount and	14745
upon such terms as may be necessary to provide moneys to pay when	14746
due the debt service on the notes, and apply their proceeds to the	14747
extent necessary, to make full and timely payment of debt service	14748
on the notes as provided in the applicable bond proceedings. In	14749
the bond proceedings authorizing the issuance of bond anticipation	14750
notes the issuing authority shall set forth for the bonds	14751
anticipated an estimated schedule of annual principal payments the	14752
latest of which shall be no later than provided in division (D) of	14753
this section. While the notes are outstanding there shall be	14754
deposited, as shall be provided in the bond proceedings for those	14755
notes, from the sources authorized for payment of debt service on	14756
the bonds, amounts sufficient to pay the principal of the bonds	14757
anticipated as set forth in that estimated schedule during the	14758
time the notes are outstanding, which amounts shall be used solely	14759
to pay the principal of those notes or of the bonds anticipated.	14760

(b) Obligations for the refunding, including funding and	14761
retirement, and advance refunding, with or without payment or	14762
redemption prior to maturity, of any obligations previously issued	14763
under this section and any bonds or notes previously issued for	14764
the purpose of paying costs of capital facilities for: (i)	14765
state-supported or state-assisted institutions of higher education	14766
as authorized by sections 151.01 and 151.04 of the Revised Code,	14767
pursuant to Sections 2i and 2n of Article VIII, Ohio Constitution,	14768
and (ii) housing branches and agencies of state government limited	14769
to facilities for a system of common schools throughout the state	14770
as authorized by sections 151.01 and 151.03 of the Revised Code,	14771
pursuant to Sections 2i and 2n of Article VIII, Ohio Constitution.	14772
Refunding obligations may be issued in amounts sufficient to pay	14773
or to provide for repayment of the principal amount, including	14774
principal amounts maturing prior to the redemption of the	14775
remaining prior obligations or bonds or notes, any redemption	14776
premium, and interest accrued or to accrue to the maturity or	14777
redemption date or dates, payable on the prior obligations or	14778
bonds or notes, and related financing costs and any expenses	14779
incurred or to be incurred in connection with that issuance and	14780
refunding. Subject to the applicable bond proceedings, the portion	14781
of the proceeds of the sale of refunding obligations issued under	14782
division (M)(1)(b) of this section to be applied to debt service	14783
on the prior obligations or bonds or notes shall be credited to an	14784
appropriate separate account in the bond service fund and held in	14785
trust for the purpose by the issuing authority or by a corporate	14786
trustee, and may be invested as provided in the bond proceedings.	14787
Obligations authorized under this division shall be considered to	14788
be issued for those purposes for which the prior obligations or	14789
bonds or notes were issued.	14790

(2) The principal amount of refunding, advance refunding, or	14791
renewal obligations issued pursuant to division (M) of this	14792
section shall be in addition to the amount authorized in division	14793
(C) of this section.	14794

(N) Obligations are lawful investments for banks, savings and	14795
loan associations, credit union share guaranty corporations, trust	14796
companies, trustees, fiduciaries, insurance companies, including	14797
domestic for life and domestic not for life, trustees or other	14798
officers having charge of sinking and bond retirement or other	14799
special funds of the state and political subdivisions and taxing	14800
districts of this state, notwithstanding any other provisions of	14801
the Revised Code or rules adopted pursuant to those provisions by	14802
any state agency with respect to investments by them, and are also	14803
acceptable as security for the repayment of the deposit of public	14804
moneys. The exemptions from taxation in Ohio as provided for in	14805
particular sections of the Ohio Constitution and section 5709.76	14806
of the Revised Code apply to the obligations.	14807

(O)(1) Unless otherwise provided or provided for in any	14808
applicable bond proceedings, moneys to the credit of or in a	14809
special fund shall be disbursed on the order of the issuing	14810
authority. No such order is required for the payment, from the	14811
bond service fund or other special fund, when due of debt service	14812
or required payments under credit enhancement facilities.	14813

(2) Payments received by the issuing authority under interest	14814
rate hedges entered into as credit enhancement facilities under	14815
this section shall be deposited as provided in the applicable bond	14816
proceedings.	14817

(P) The obligations shall not be general obligations of the	14818
state and the full faith and credit, revenue, and taxing power of	14819
the state shall not be pledged to the payment of debt service on	14820
them or to any guarantee of the payment of that debt service. The	14821
holders or owners of the obligations shall have no right to have	14822
any moneys obligated or pledged for the payment of debt service	14823
except as provided in this section and in the applicable bond	14824
proceedings. The rights of the holders and owners to payment of	14825
debt service are limited to all or that portion of the pledged	14826
receipts, and those special funds, pledged to the payment of debt	14827
service pursuant to the bond proceedings in accordance with this	14828
section, and each obligation shall bear on its face a statement to	14829
that effect.	14830

(Q) Each bond service fund is a trust fund and is hereby	14831
pledged to the payment of debt service on the applicable	14832
obligations. Payment of that debt service shall be made or	14833
provided for by the issuing authority in accordance with the bond	14834
proceedings without necessity for any act of appropriation. The	14835
bond proceedings may provide for the establishment of separate	14836
accounts in the bond service fund and for the application of those	14837
accounts only to debt service on specific obligations, and for	14838
other accounts in the bond service fund within the general	14839
purposes of that fund.	14840

(R) Subject to the bond proceedings pertaining to any	14841
obligations then outstanding in accordance with their terms, the	14842
issuing authority may in the bond proceedings pledge all, or such	14843
portion as the issuing authority determines, of the moneys in the	14844
bond service fund to the payment of debt service on particular	14845
obligations, and for the establishment and maintenance of any	14846
reserves for payment of particular debt service.	14847

(S)(1) Unless otherwise provided in any applicable bond	14848
proceedings, moneys to the credit of special funds may be invested	14849
by or on behalf of the issuing authority only in one or more of	14850
the following:	14851

(a) Notes, bonds, or other direct obligations of the United	14852
States or of any agency or instrumentality of the United States,	14853
or in no-front-end-load money market mutual funds consisting	14854
exclusively of those obligations, or in repurchase agreements,	14855
including those issued by any fiduciary, secured by those	14856
obligations, or in collective investment funds consisting	14857
exclusively of those obligations;	14858

(b) Obligations of this state or any political subdivision of	14859
this state;	14860

(c) Certificates of deposit of any national bank located in	14861
this state and any bank, as defined in section 1101.01 of the	14862
Revised Code, subject to inspection by the superintendent of	14863
financial institutions;	14864

(d) The treasurer of state's pooled investment program under	14865
section 135.45 of the Revised Code;	14866

(e) Other investment agreements or repurchase agreements that	14867
are consistent with the ratings on the obligations.	14868

(2) The income from investments referred to in division	14869
(S)(1) of this section shall be credited to special funds or	14870
otherwise as the issuing authority determines in the bond	14871
proceedings. Those investments may be sold or exchanged at times	14872
as the issuing authority determines, provides for, or authorizes.	14873

(T) The treasurer of state shall have responsibility for	14874
keeping records, making reports, and making payments, relating to	14875
any arbitrage rebate requirements under the applicable bond	14876
proceedings.	14877

(U) The issuing authority shall make quarterly reports to the	14878
general assembly of the amounts in, and activities of, each	14879
improvement fund, including amounts and activities on the subfund	14880
level. Each report shall include a detailed description and	14881
analysis of the amount of proceeds remaining in each fund from the	14882
sale of obligations pursuant to this section, and any other	14883
deposits, credits, interest earnings, disbursements, expenses,	14884
transfers, or activities of each fund.	14885

(V) The costs of the annual audit of the authority conducted	14886
pursuant to section 117.112 of the Revised Code are payable, as	14887
may be provided in the bond proceedings, from the proceeds of the	14888
obligations, from special funds, or from other moneys available	14889
for the purpose, including as to future financing costs, from the	14890
pledged receipts.	14891

Sec. 185.01. As used in this chapter:

14892

(A) "Advanced practice nurse" has the same meaning as in	14893
section 4723.01 of the Revised Code.	14894

(B) "Collaboration" has the same meaning as in section	14895
4723.01 of the Revised Code.	14896

(C) ~~"Health care coverage and quality council" means the~~	14897
~~entity established under section 3923.90 of the Revised Code.~~	14898

~~(D)~~ "Patient centered medical home education advisory group"	14899
means the entity established under section 185.03 of the Revised	14900
Code to implement and administer the patient centered medical home	14901
education pilot project.	14902

~~(E)~~(D) "Patient centered medical home education pilot	14903
project" means the pilot project established under section 185.02	14904
of the Revised Code.	14905

Sec. 185.03. (A) The patient centered medical home education	14906
advisory group is hereby created for the purpose of implementing	14907
and administering the patient centered medical home pilot project.	14908
The advisory group shall develop a set of expected outcomes for	14909
the pilot project.	14910

(B) The advisory group shall consist of the following voting	14911
members:	14912

(1) One individual with expertise in the training and	14913
education of primary care physicians who is appointed by the dean	14914
of the university of Toledo college of medicine;	14915

(2) One individual with expertise in the training and	14916
education of primary care physicians who is appointed by the dean	14917
of the Boonshoft school of medicine at Wright state university;	14918

(3) One individual with expertise in the training and	14919
education of primary care physicians who is appointed by the	14920
president and dean of the northeastern Ohio universities colleges	14921
of medicine and pharmacy;	14922

(4) One individual with expertise in the training and	14923
education of primary care physicians who is appointed by the dean	14924
of the Ohio university college of osteopathic medicine;	14925

(5) Two individuals appointed by the governing board of the	14926
Ohio academy of family physicians;	14927

(6) One individual appointed by the governing board of the	14928
Ohio chapter of the American college of physicians;	14929

(7) One individual appointed by the governing board of the	14930
American academy of pediatrics;	14931

(8) One individual appointed by the governing board of the	14932
Ohio osteopathic association;	14933

(9) One individual with expertise in the training and	14934
education of advanced practice nurses who is appointed by the	14935
governing board of the Ohio council of deans and directors of	14936
baccalaureate and higher degree programs in nursing;	14937

(10) One individual appointed by the governing board of the	14938
Ohio nurses association;	14939

(11) One individual appointed by the governing board of the	14940
Ohio association of advanced practice nurses;	14941

(12) ~~A member of the health care coverage and quality~~	14942
~~council, other than the advisory group member specified in~~	14943
~~division (C)(2) of this section,~~One individual appointed by the	14944
governing board of the Ohio council for home care and hospice;	14945

(13) One individual appointed by the superintendent of	14946
insurance.	14947

(C) The advisory group shall consist of the following	14948
nonvoting, ex officio members:	14949

(1) The executive director of the state medical board, or the	14950
director's designee;	14951

(2) The executive director of the board of nursing or the	14952
director's designee;	14953

(3) The chancellor of the Ohio board of regents, or the	14954
chancellor's designee;	14955

(4) The individual within the department of job and family	14956
services who serves as the director of medicaid, or the director's	14957
designee;	14958

(5) The director of health or the director's designee.

14959

(D) Advisory group members who are appointed shall serve at	14960
the pleasure of their appointing authorities. Terms of office of	14961
appointed members shall be three years, except that a member's	14962
term ends if the pilot project ceases operation during the	14963
member's term.	14964

Vacancies shall be filled in the manner provided for original	14965
appointments.	14966

Members shall serve without compensation, except to the	14967
extent that serving on the advisory group is considered part of	14968
their regular employment duties.	14969

(E) The advisory group shall select from among its members a	14970
chairperson and vice-chairperson. The advisory group may select	14971
any other officers it considers necessary to conduct its business.	14972

A majority of the members of the advisory group constitutes a	14973
quorum for the transaction of official business. A majority of a	14974
quorum is necessary for the advisory group to take any action,	14975
except that when one or more members of a quorum are required to	14976
abstain from voting as provided in division (C)(1)(d) or (C)(2)(c)	14977
of section 185.05 of the Revised Code, the number of members	14978
necessary for a majority of a quorum shall be reduced accordingly.	14979

The advisory group shall meet as necessary to fulfill its	14980
duties. The times and places for the meetings shall be selected by	14981
the chairperson.	14982

(F) Sections 101.82 to 101.87 of the Revised Code do not	14983
apply to the advisory group.	14984

Sec. 185.06. (A) To be eligible for inclusion in the patient	14985
centered medical home education pilot project, a physician	14986
practice shall meet all of the following requirements:	14987

(1) Consist of physicians who are board-certified in family	14988
medicine, general pediatrics, or internal medicine, as those	14989
designations are issued by a medical specialty certifying board	14990
recognized by the American board of medical specialties or	14991
American osteopathic association;	14992

(2) Be capable of adapting the practice during the period in	14993
which the practice receives funding from the patient centered	14994
medical home education advisory group in such a manner that the	14995
practice is fully compliant with the minimum standards for	14996
operation of a patient centered medical home, as those standards	14997
are established by the advisory group;	14998

(3) ~~Comply with any reporting requirements recommended by the~~	14999
~~health care coverage and quality council under division (A)(12) of~~	15000
~~section 3923.91 of the Revised Code;~~	15001

~~(4)~~ Meet any other criteria established by the advisory group	15002
as part of the selection process.	15003

(B) To be eligible for inclusion in the pilot project, an	15004
advanced practice nurse primary care practice shall meet all of	15005
the following requirements:	15006

(1) Consist of advanced practice nurses who meet all of the	15007
following requirements:	15008

(a) Hold a certificate to prescribe issued under section	15009
4723.48 of the Revised Code;	15010

(b) Are board-certified as a family nurse practitioner or	15011
adult nurse practitioner by the American academy of nurse	15012
practitioners or American nurses credentialing center,	15013
board-certified as a geriatric nurse practitioner or women's	15014
health nurse practitioner by the American nurses credentialing	15015
center, or is board-certified as a pediatric nurse practitioner by	15016
the American nurses credentialing center or pediatric nursing	15017
certification board;	15018

(c) Has a collaboration agreement with a physician with board	15019
certification as specified in division (A)(1) of this section and	15020
who is an active participant on the health care team.	15021

(2) Be capable of adapting the primary care practice during	15022
the period in which the practice receives funding from the	15023
advisory group in such a manner that the practice is fully	15024
compliant with the minimum standards for operation of a patient	15025
centered medical home, as those standards are established by the	15026
advisory group;	15027

(3) ~~Comply with any reporting requirements recommended by the~~	15028
~~health care coverage and quality council under division (A)(12) of~~	15029
~~section 3923.91 of the Revised Code;~~	15030

~~(4)~~ Meet any other criteria established by the advisory group	15031
as part of the selection process.	15032

Sec. 185.10. The patient centered medical home education	15033
advisory group shall seek funding sources for the patient centered	15034
medical home education pilot project. In doing so, the advisory	15035
group may apply for grants, seek federal funds, seek private	15036
donations, or seek any other type of funding that may be available	15037
for the pilot project. ~~To ensure that appropriate sources of and~~	15038
~~opportunities for funding are identified and pursued, the advisory~~	15039
~~group may ask for assistance from the health care coverage and~~	15040
~~quality council.~~	15041

Sec. 301.02. Previous to the presentation of a petition to	15042
the general assembly praying that a new county be erected, or for	15043
the location or relocation of a county seat, notice of the	15044
intention to present such petition shall be given, at least thirty	15045
days before the ensuing session of the general assembly, by	15046
advertisement in a newspaper ~~published~~of general circulation in	15047
each county from which such new county is intended to be taken. If	15048
no ~~paper~~newspaper is ~~printed~~of general circulation within the	15049
county, notice shall be given by advertisement affixed to the door	15050
of the house where courts are held for such county, for such	15051
period of thirty days. The notice shall set forth the boundary	15052
lines of the new county, or the place where it is proposed to	15053
locate such county seat.	15054

Sec. 301.15. Within sixty days after their appointment, the	15055
commissioners provided for by section 301.14 of the Revised Code,	15056
or any two of them, shall assemble at some convenient place in the	15057
new county. Twenty days' notice of the time, place, and purpose of	15058
such meeting shall be given by publication in a newspaper	15059
~~published in and circulated~~of general circulation in ~~such~~the	15060
county, or by being posted in three of the most public places in	15061
such county. When assembled, after having taken the oath of office	15062
prescribed by sections 3.22 and 3.23 of the Revised Code, such	15063
commissioners shall proceed to examine and select the most proper	15064
place as a seat of justice, as near the center of the county as	15065
possible, having regard to the situation, extent of population,	15066
quality of land, and the convenience and interest of the	15067
inhabitants.	15068

Sec. 301.28. (A) As used in this section:

15069

(1) "Financial transaction device" includes a credit card,	15070
debit card, charge card, or prepaid or stored value card, or	15071
automated clearinghouse network credit, debit, or e-check entry	15072
that includes, but is not limited to, accounts receivable and	15073
internet-initiated, point of purchase, and telephone-initiated	15074
applications or any other device or method for making an	15075
electronic payment or transfer of funds.	15076

(2) "County expenses" includes fees, costs, taxes,	15077
assessments, fines, penalties, payments, or any other expense a	15078
person owes to a county office under the authority of a county	15079
official other than dog registration and kennel fees required to	15080
be paid under Chapter 955. of the Revised Code.	15081

(3) "County official" includes the county auditor, county	15082
treasurer, county engineer, county recorder, county prosecuting	15083
attorney, county sheriff, county coroner, county park district and	15084
board of county commissioners, the clerk of the probate court, the	15085
clerk of the juvenile court, the clerks of court for all divisions	15086
of the courts of common pleas, and the clerk of the court of	15087
common pleas, the clerk of a county-operated municipal court, and	15088
the clerk of a county court.	15089

The term "county expenses" includes county expenses owed to	15090
the board of health of the general health district or a combined	15091
health district in the county. If the board of county	15092
commissioners authorizes county expenses to be paid by financial	15093
transaction devices under this section, then the board of health	15094
and the general health district and the combined health district	15095
may accept payments by financial transaction devices under this	15096
section as if the board were a "county official" and the district	15097
were a county office. However, in the case of a general health	15098
district formed by unification of general health districts under	15099
section 3709.10 of the Revised Code, this entitlement applies only	15100
if all the boards of county commissioners of all counties in the	15101
district have authorized payments to be accepted by financial	15102
transaction devices.	15103

(B) Notwithstanding any other section of the Revised Code and	15104
except as provided in division (D) of this section, a board of	15105
county commissioners may adopt a resolution authorizing the	15106
acceptance of payments by financial transaction devices for county	15107
expenses. The resolution shall include the following:	15108

(1) A specification of those county officials who, and of the	15109
county offices under those county officials that, are authorized	15110
to accept payments by financial transaction devices;	15111

(2) A list of county expenses that may be paid for through	15112
the use of a financial transaction device;	15113

(3) Specific identification of financial transaction devices	15114
that the board authorizes as acceptable means of payment for	15115
county expenses. Uniform acceptance of financial transaction	15116
devices among different types of county expenses is not required.	15117

(4) The amount, if any, authorized as a surcharge or	15118
convenience fee under division (E) of this section for persons	15119
using a financial transaction device. Uniform application of	15120
surcharges or convenience fees among different types of county	15121
expenses is not required.	15122

(5) A specific provision as provided in division (G) of this	15123
section requiring the payment of a penalty if a payment made by	15124
means of a financial transaction device is returned or dishonored	15125
for any reason.	15126

The board's resolution shall also designate the county	15127
treasurer as an administrative agent to solicit proposals, within	15128
guidelines established by the board in the resolution and in	15129
compliance with the procedures provided in division (C) of this	15130
section, from financial institutions, issuers of financial	15131
transaction devices, and processors of financial transaction	15132
devices, to make recommendations about those proposals to the	15133
board, and to assist county offices in implementing the county's	15134
financial transaction devices program. The county treasurer may	15135
decline this responsibility within thirty days after receiving a	15136
copy of the board's resolution by notifying the board in writing	15137
within that period. If the treasurer so notifies the board, the	15138
board shall perform the duties of the administrative agent.	15139

If the county treasurer is the administrative agent and fails	15140
to administer the county financial transaction devices program in	15141
accordance with the guidelines in the board's resolution, the	15142
board shall notify the treasurer in writing of the board's	15143
findings, explain the failures, and give the treasurer six months	15144
to correct the failures. If the treasurer fails to make the	15145
appropriate corrections within that six-month period, the board	15146
may pass a resolution declaring the board to be the administrative	15147
agent. The board may later rescind that resolution at its	15148
discretion.	15149

(C) The county shall follow the procedures provided in this	15150
division whenever it plans to contract with financial	15151
institutions, issuers of financial transaction devices, or	15152
processors of financial transaction devices for the purposes of	15153
this section. The administrative agent shall request proposals	15154
from at least three financial institutions, issuers of financial	15155
transaction devices, or processors of financial transaction	15156
devices, as appropriate in accordance with the resolution adopted	15157
under division (B) of this section. Prior to sending any financial	15158
institution, issuer, or processor a copy of any such request, the	15159
county shall advertise its intent to request proposals in a	15160
newspaper of general circulation in the county once a week for two	15161
consecutive weeks or as provided in section 7.16 of the Revised	15162
Code. The notice shall state that the county intends to request	15163
proposals; specify the purpose of the request; indicate the date,	15164
which shall be at least ten days after the second publication, on	15165
which the request for proposals will be mailed to financial	15166
institutions, issuers, or processors; and require that any	15167
financial institution, issuer, or processor, whichever is	15168
appropriate, interested in receiving the request for proposals	15169
submit written notice of this interest to the county not later	15170
than noon of the day on which the request for proposals will be	15171
mailed.	15172

Upon receiving the proposals, the administrative agent shall	15173
review them and make a recommendation to the board of county	15174
commissioners on which proposals to accept. The board of county	15175
commissioners shall consider the agent's recommendation and review	15176
all proposals submitted, and then may choose to contract with any	15177
or all of the entities submitting proposals, as appropriate. The	15178
board shall provide any financial institution, issuer, or	15179
processor that submitted a proposal, but with which the board does	15180
not enter into a contract, notice that its proposal is rejected.	15181
The notice shall state the reasons for the rejection, indicate	15182
whose proposals were accepted, and provide a copy of the terms and	15183
conditions of the successful bids.	15184

(D) A board of county commissioners adopting a resolution	15185
under this section shall send a copy of the resolution to each	15186
county official in the county who is authorized by the resolution	15187
to accept payments by financial transaction devices. After	15188
receiving the resolution and before accepting payments by	15189
financial transaction devices, a county official shall provide	15190
written notification to the board of county commissioners of the	15191
official's intent to implement the resolution within the	15192
official's office. Each county office subject to the board's	15193
resolution adopted under division (B) of this section may use only	15194
the financial institutions, issuers of financial transaction	15195
devices, and processors of financial transaction devices with	15196
which the board of county commissioners contracts, and each such	15197
office is subject to the terms of those contracts.	15198

If a county office under the authority of a county official	15199
is directly responsible for collecting one or more county expenses	15200
and the county official determines not to accept payments by	15201
financial transaction devices for one or more of those expenses,	15202
the office shall not be required to accept payments by financial	15203
transaction devices, notwithstanding the adoption of a resolution	15204
by the board of county commissioners under this section.	15205

Any office of a clerk of the court of common pleas that	15206
accepts financial transaction devices on or before July 1, 1999,	15207
and any other county office that accepted such devices before	15208
January 1, 1998, may continue to accept such devices without being	15209
subject to any resolution passed by the board of county	15210
commissioners under division (B) of this section, or any other	15211
oversight by the board of the office's financial transaction	15212
devices program. Any such office may use surcharges or convenience	15213
fees in any manner the county official in charge of the office	15214
determines to be appropriate, and, if the county treasurer	15215
consents, may appoint the county treasurer to be the office's	15216
administrative agent for purposes of accepting financial	15217
transaction devices. In order not to be subject to the resolution	15218
of the board of county commissioners adopted under division (B) of	15219
this section, a county office shall notify the board in writing	15220
within thirty days after March 30, 1999, that it accepted	15221
financial transaction devices prior to January 1, 1998, or, in the	15222
case of the office of a clerk of the court of common pleas, the	15223
clerk has accepted or will accept such devices on or before July	15224
1, 1999. Each such notification shall explain how processing costs	15225
associated with financial transaction devices are being paid and	15226
shall indicate whether surcharge or convenience fees are being	15227
passed on to consumers.	15228

(E) A board of county commissioners may establish a surcharge	15229
or convenience fee that may be imposed upon a person making	15230
payment by a financial transaction device. The surcharge or	15231
convenience fee shall not be imposed unless authorized or	15232
otherwise permitted by the rules prescribed by an agreement	15233
governing the use and acceptance of the financial transaction	15234
device.	15235

If a surcharge or convenience fee is imposed, every county	15236
office accepting payment by a financial transaction device,	15237
regardless of whether that office is subject to a resolution	15238
adopted by a board of county commissioners, shall clearly post a	15239
notice in that office and shall notify each person making a	15240
payment by such a device about the surcharge or fee. Notice to	15241
each person making a payment shall be provided regardless of the	15242
medium used to make the payment and in a manner appropriate to	15243
that medium. Each notice shall include all of the following:	15244

(1) A statement that there is a surcharge or convenience fee	15245
for using a financial transaction device;	15246

(2) The total amount of the charge or fee expressed in	15247
dollars and cents for each transaction, or the rate of the charge	15248
or fee expressed as a percentage of the total amount of the	15249
transaction, whichever is applicable;	15250

(3) A clear statement that the surcharge or convenience fee	15251
is nonrefundable.	15252

(F) If a person elects to make a payment to the county by a	15253
financial transaction device and a surcharge or convenience fee is	15254
imposed, the payment of the surcharge or fee shall be considered	15255
voluntary and the surcharge or fee is not refundable.	15256

(G) If a person makes payment by financial transaction device	15257
and the payment is returned or dishonored for any reason, the	15258
person is liable to the county for payment of a penalty over and	15259
above the amount of the expense due. The board of county	15260
commissioners shall determine the amount of the penalty, which may	15261
be either a fee not to exceed twenty dollars or payment of the	15262
amount necessary to reimburse the county for banking charges,	15263
legal fees, or other expenses incurred by the county in collecting	15264
the returned or dishonored payment. The remedies and procedures	15265
provided in this section are in addition to any other available	15266
civil or criminal remedies provided by law.	15267

(H) No person making any payment by financial transaction	15268
device to a county office shall be relieved from liability for the	15269
underlying obligation except to the extent that the county	15270
realizes final payment of the underlying obligation in cash or its	15271
equivalent. If final payment is not made by the financial	15272
transaction device issuer or other guarantor of payment in the	15273
transaction, the underlying obligation shall survive and the	15274
county shall retain all remedies for enforcement that would have	15275
applied if the transaction had not occurred.	15276

(I) A county official or employee who accepts a financial	15277
transaction device payment in accordance with this section and any	15278
applicable state or local policies or rules is immune from	15279
personal liability for the final collection of such payments.	15280

Sec. 305.23. (A) As used in this section, "county office"	15281
means the offices of the county commissioner, county auditor,	15282
county treasurer, county engineer, county recorder, county	15283
prosecuting attorney, county sheriff, county coroner, county park	15284
district, clerk of the juvenile court, clerks of court for all	15285
divisions of the courts of common pleas, including the clerk of	15286
the court of common pleas, clerk of a county-operated municipal	15287
court, and clerk of a county court, and any agency or department	15288
under the authority of, or receiving funding in whole or in part	15289
from, any of those county offices.	15290

(B) A board of county commissioners may adopt a resolution	15291
establishing centralized purchasing, printing, transportation,	15292
vehicle maintenance, human resources, revenue collection, and mail	15293
operation services for a county office. The resolution shall	15294
specify all of the following:	15295

(1) Which county offices are required to use the centralized	15296
services;	15297

(2) If not all of the centralized services, which centralized	15298
service each county office must use;	15299

(3) A list of rates and charges the county office shall pay	15300
for the centralized services;	15301

(4) The date upon which each county office specified in the	15302
resolution shall begin using the centralized services.	15303

Not later than ten days after a resolution is adopted under	15304
this section, the clerk of the board of county commissioners shall	15305
send a copy of the resolution to each county office that is	15306
specified in the resolution.	15307

Sec. 306.322. (A) For any regional transit authority that	15308
levies a property tax and that includes a county having a	15309
population of at least four hundred thousand according to the most	15310
recent federal census, the procedures of this section apply until	15311
November 5, 2013, and are in addition to and an alternative to	15312
those established in sections 306.32 and 306.321 for joining to	15313
the regional transit authority additional counties, municipal	15314
corporations, or townships.	15315

(B) Any county, municipal corporation, or township may adopt	15316
a resolution or ordinance proposing to join a regional transit	15317
authority described in division (A) of this section. In its	15318
resolution or ordinance, the political subdivision may propose	15319
joining the regional transit authority for a limited period of	15320
three years or without a time limit.	15321

(C) The political subdivision proposing to join the regional	15322
transit authority shall submit a copy of its resolution or	15323
ordinance to the board of the county commissioners of each county,	15324
the legislative authority of each municipal corporation, and the	15325
board of trustees of each township comprising the regional transit	15326
authority. Within thirty days of receiving the resolution or	15327
ordinance for inclusion in the regional transit authority, the	15328
board of the county commissioners of each county, the legislative	15329
authority of each municipal corporation, and the board of trustees	15330
of each township shall consider the question of whether to include	15331
the additional subdivision in the regional transit authority,	15332
shall adopt a resolution or ordinance approving or rejecting the	15333
inclusion of the additional subdivision, and shall present its	15334
resolution or ordinance to the board of trustees of the regional	15335
transit authority.	15336

(D) If a majority of the political subdivisions comprising	15337
the regional transit authority approve the inclusion of the	15338
additional political subdivision, the board of trustees of the	15339
regional transit authority, not later than the tenth day following	15340
the day on which the last ordinance or resolution is presented,	15341
shall notify the subdivision proposing to join the regional	15342
transit authority that it may certify the proposal to the board of	15343
elections for the purpose of having the proposal placed on the	15344
ballot at the next general election or at a special election	15345
conducted on the day of the next primary election that occurs not	15346
less than seventy-five days after the resolution or ordinance is	15347
certified to the board of elections.	15348

(E) Upon certification of a proposal to the board of	15349
elections pursuant to this section, the board of elections shall	15350
make the necessary arrangements for the submission of the question	15351
to the electors of the territory to be included in the regional	15352
transit authority qualified to vote on the question, and the	15353
election shall be held, canvassed, and certified in the same	15354
manner as regular elections for the election of officers of the	15355
subdivision proposing to join the regional transit authority,	15356
except that, if the resolution proposed the inclusion without a	15357
time limitation the question appearing on the ballot shall read:	15358

"Shall the territory within the .........................	15359
(Name or names of political subdivisions to be joined) be added to	15360
......................... ......... (Name) regional transit	15361
authority?" and shall a(n) .......... (here insert type of tax or	15362
taxes) at a rate of taxation not to exceed ..... (here insert	15363
maximum tax rate or rates) be levied for all transit purposes?"	15364

If the resolution proposed the inclusion with a three-year	15365
time limitation, the question appearing on the ballot shall read:	15366

"Shall the territory within the .........................	15367
(Name or names of political subdivisions to be joined) be added to	15368
......................... ......... (Name) regional transit	15369
authority?" for three years and shall a(n) .......... (here insert	15370
type of tax or taxes) at a rate of taxation not to exceed .....	15371
(here insert maximum tax rate or rates) be levied for all transit	15372
purposes for three years?"	15373

(F) If the question is approved by at least a majority of the	15374
electors voting on the question, the addition of the new territory	15375
is immediately effective, and the regional transit authority may	15376
extend the levy of the tax against all the taxable property within	15377
the territory that was added. If the question is approved at a	15378
general election or at a special election occurring prior to the	15379
general election but after the fifteenth day of July, the regional	15380
transit authority may amend its budget and resolution adopted	15381
pursuant to section 5705.34 of the Revised Code, and the levy	15382
shall be placed on the current tax list and duplicate and	15383
collected as other taxes are collected from all taxable property	15384
within the territorial boundaries of the regional transit	15385
authority, including the territory within the political	15386
subdivision added as a result of the election. If the budget of	15387
the regional transit authority is amended pursuant to this	15388
paragraph, the county auditor shall prepare and deliver an amended	15389
certificate of estimated resources to reflect the change in	15390
anticipated revenues of the regional transit authority.	15391

(G) If the question is approved by at least a majority of the	15392
electors voting on the question, the board of trustees of the	15393
regional transit authority immediately shall amend the resolution	15394
or ordinance creating the regional transit authority to include	15395
the additional political subdivision.	15396

(H) If the question approved by a majority of the electors	15397
voting on the question added the subdivision for three years, the	15398
territory of the additional county, municipal corporation, or	15399
township in the regional transit authority shall be removed from	15400
the territory of the regional transit authority three years after	15401
the date the territory was added, as determined in the effective	15402
date of the election, and shall no longer be a part of that	15403
authority without any further action by either the political	15404
subdivisions that were included in the authority prior to	15405
submitting the question to the electors or of the political	15406
subdivision added to the authority as a result of the election.	15407
The regional transit authority reduced to its territory as it	15408
existed prior to the inclusion of the additional county, municipal	15409
corporation, or township, shall be entitled to levy and collect	15410
any property taxes that it was authorized to levy and collect	15411
prior to the enlargement of its territory and for which	15412
authorization has not expired, as if the enlargement had not	15413
occurred.	15414

Sec. 306.35. Upon the creation of a regional transit	15415
authority as provided by section 306.32 of the Revised Code, and	15416
upon the qualifying of its board of trustees and the election of a	15417
president and a vice-president, the authority shall exercise in	15418
its own name all the rights, powers, and duties vested in and	15419
conferred upon it by sections 306.30 to 306.53 of the Revised	15420
Code. Subject to any reservations, limitations, and qualifications	15421
that are set forth in those sections, the regional transit	15422
authority:	15423

(A) May sue or be sued in its corporate name;

15424

(B) May make contracts in the exercise of the rights, powers,	15425
and duties conferred upon it;	15426

(C) May adopt and at will alter a seal and use such seal by	15427
causing it to be impressed, affixed, reproduced, or otherwise	15428
used, but failure to affix the seal shall not affect the validity	15429
of any instrument;	15430

(D)(1) May adopt, amend, and repeal bylaws for the	15431
administration of its affairs and rules for the control of the	15432
administration and operation of transit facilities under its	15433
jurisdiction, and for the exercise of all of its rights of	15434
ownership in those transit facilities;	15435

(2) The regional transit authority also may adopt bylaws and	15436
rules for the following purposes:	15437

(a) To prohibit selling, giving away, or using any beer or	15438
intoxicating liquor on transit vehicles or transit property;	15439

(b) For the preservation of good order within or on transit	15440
vehicles or transit property;	15441

(c) To provide for the protection and preservation of all	15442
property and life within or on transit vehicles or transit	15443
property;	15444

(d) To regulate and enforce the collection of fares.

15445

(3) Before a bylaw or rule adopted under division (D)(2) of	15446
this section takes effect, the regional transit authority shall	15447
provide for a notice of its adoption to be published once a week	15448
for two consecutive weeks in a newspaper of general circulation	15449
within the territorial boundaries of the regional transit	15450
authority, or as provided in section 7.16 of the Revised Code.	15451

(4) No person shall violate any bylaw or rule of a regional	15452
transit authority adopted under division (D)(2) of this section.	15453

(E) May fix, alter, and collect fares, rates, and rentals and	15454
other charges for the use of transit facilities under its	15455
jurisdiction to be determined exclusively by it for the purpose of	15456
providing for the payment of the expenses of the regional transit	15457
authority, the acquisition, construction, improvement, extension,	15458
repair, maintenance, and operation of transit facilities under its	15459
jurisdiction, the payment of principal and interest on its	15460
obligations, and to fulfill the terms of any agreements made with	15461
purchasers or holders of any such obligations, or with any person	15462
or political subdivision;	15463

(F) Shall have jurisdiction, control, possession, and	15464
supervision of all property, rights, easements, licenses, moneys,	15465
contracts, accounts, liens, books, records, maps, or other	15466
property rights and interests conveyed, delivered, transferred, or	15467
assigned to it;	15468

(G) May acquire, construct, improve, extend, repair, lease,	15469
operate, maintain, or manage transit facilities within or without	15470
its territorial boundaries, considered necessary to accomplish the	15471
purposes of its organization and make charges for the use of	15472
transit facilities;	15473

(H) May levy and collect taxes as provided in sections 306.40	15474
and 306.49 of the Revised Code;	15475

(I) May issue bonds secured by its general credit as provided	15476
in section 306.40 of the Revised Code;	15477

(J) May hold, encumber, control, acquire by donation, by	15478
purchase for cash or by installment payments, by lease-purchase	15479
agreement, by lease with option to purchase, or by condemnation,	15480
and may construct, own, lease as lessee or lessor, use, and sell,	15481
real and personal property, or any interest or right in real and	15482
personal property, within or without its territorial boundaries,	15483
for the location or protection of transit facilities and	15484
improvements and access to transit facilities and improvements,	15485
the relocation of buildings, structures, and improvements situated	15486
on lands acquired by the regional transit authority, or for any	15487
other necessary purpose, or for obtaining or storing materials to	15488
be used in constructing, maintaining, and improving transit	15489
facilities under its jurisdiction;	15490

(K) May exercise the power of eminent domain to acquire	15491
property or any interest in property, within or without its	15492
territorial boundaries, that is necessary or proper for the	15493
construction or efficient operation of any transit facility or	15494
access to any transit facility under its jurisdiction in	15495
accordance with section 306.36 of the Revised Code;	15496

(L) May provide by agreement with any county, including the	15497
counties within its territorial boundaries, or any municipal	15498
corporation or any combination of counties or municipal	15499
corporations for the making of necessary surveys, appraisals, and	15500
examinations preliminary to the acquisition or construction of any	15501
transit facility and the amount of the expense for the surveys,	15502
appraisals, and examinations to be paid by each such county or	15503
municipal corporation;	15504

(M) May provide by agreement with any county, including the	15505
counties within its territorial boundaries, or any municipal	15506
corporation or any combination of those counties or municipal	15507
corporations for the acquisition, construction, improvement,	15508
extension, maintenance, or operation of any transit facility owned	15509
or to be owned and operated by it or owned or to be owned and	15510
operated by any such county or municipal corporation and the terms	15511
on which it shall be acquired, leased, constructed, maintained, or	15512
operated, and the amount of the cost and expense of the	15513
acquisition, lease, construction, maintenance, or operation to be	15514
paid by each such county or municipal corporation;	15515

(N) May issue revenue bonds for the purpose of acquiring,	15516
replacing, improving, extending, enlarging, or constructing any	15517
facility or permanent improvement that it is authorized to	15518
acquire, replace, improve, extend, enlarge, or construct,	15519
including all costs in connection with and incidental to the	15520
acquisition, replacement, improvement, extension, enlargement, or	15521
construction, and their financing, as provided by section 306.37	15522
of the Revised Code;	15523

(O) May enter into and supervise franchise agreements for the	15524
operation of a transit system;	15525

(P) May accept the assignment of and supervise an existing	15526
franchise agreement for the operation of a transit system;	15527

(Q) May exercise a right to purchase a transit system in	15528
accordance with the acquisition terms of an existing franchise	15529
agreement; and in connection with the purchase the regional	15530
transit authority may issue revenue bonds as provided by section	15531
306.37 of the Revised Code or issue bonds secured by its general	15532
credit as provided in section 306.40 of the Revised Code;	15533

(R) May apply for and accept grants or loans from the United	15534
States, the state, or any other public body for the purpose of	15535
providing for the development or improvement of transit	15536
facilities, mass transportation facilities, equipment, techniques,	15537
methods, or services, and grants or loans needed to exercise a	15538
right to purchase a transit system pursuant to agreement with the	15539
owner of those transit facilities, or for providing lawful	15540
financial assistance to existing transit systems; and may provide	15541
any consideration that may be required in order to obtain those	15542
grants or loans from the United States, the state, or other public	15543
body, either of which grants or loans may be evidenced by the	15544
issuance of revenue bonds as provided by section 306.37 of the	15545
Revised Code or general obligation bonds as provided by section	15546
306.40 of the Revised Code;	15547

(S) May employ and fix the compensation of consulting	15548
engineers, superintendents, managers, and such other engineering,	15549
construction, accounting and financial experts, attorneys, and	15550
other employees and agents necessary for the accomplishment of its	15551
purposes;	15552

(T) May procure insurance against loss to it by reason of	15553
damages to its properties resulting from fire, theft, accident, or	15554
other casualties or by reason of its liability for any damages to	15555
persons or property occurring in the construction or operation of	15556
transit facilities under its jurisdiction or the conduct of its	15557
activities;	15558

(U) May maintain funds that it considers necessary for the	15559
efficient performance of its duties;	15560

(V) May direct its agents or employees, when properly	15561
identified in writing, after at least five days' written notice,	15562
to enter upon lands within or without its territorial boundaries	15563
in order to make surveys and examinations preliminary to the	15564
location and construction of transit facilities, without liability	15565
to it or its agents or employees except for actual damage done;	15566

(W) On its own motion, may request the appropriate zoning	15567
board, as defined in section 4563.03 of the Revised Code, to	15568
establish and enforce zoning regulations pertaining to any transit	15569
facility under its jurisdiction in the manner prescribed by	15570
sections 4563.01 to 4563.21 of the Revised Code;	15571

(X) If it acquires any existing transit system, shall assume	15572
all the employer's obligations under any existing labor contract	15573
between the employees and management of the system. If the board	15574
acquires, constructs, controls, or operates any such facilities,	15575
it shall negotiate arrangements to protect the interests of	15576
employees affected by the acquisition, construction, control, or	15577
operation. The arrangements shall include, but are not limited to:	15578

(1) The preservation of rights, privileges, and benefits	15579
under existing collective bargaining agreements or otherwise, the	15580
preservation of rights and benefits under any existing pension	15581
plans covering prior service, and continued participation in	15582
social security in addition to participation in the public	15583
employees retirement system as required in Chapter 145. of the	15584
Revised Code;	15585

(2) The continuation of collective bargaining rights;

15586

(3) The protection of individual employees against a	15587
worsening of their positions with respect to their employment;	15588

(4) Assurances of employment to employees of those transit	15589
systems and priority reemployment of employees terminated or laid	15590
off;	15591

(5) Paid training or retraining programs;

15592

(6) Signed written labor agreements.

15593

The arrangements may include provisions for the submission of	15594
labor disputes to final and binding arbitration.	15595

(Y) May provide for and maintain security operations,	15596
including a transit police department, subject to section 306.352	15597
of the Revised Code. Regional transit authority police officers	15598
shall have the power and duty to act as peace officers within	15599
transit facilities owned, operated, or leased by the transit	15600
authority to protect the transit authority's property and the	15601
person and property of passengers, to preserve the peace, and to	15602
enforce all laws of the state and ordinances and regulations of	15603
political subdivisions in which the transit authority operates.	15604
Regional transit authority police officers also shall have the	15605
power and duty to act as peace officers when they render emergency	15606
assistance outside their jurisdiction to any other peace officer	15607
who is not a regional transit authority police officer and who has	15608
arrest authority under section 2935.03 of the Revised Code.	15609
Regional transit authority police officers may render emergency	15610
assistance if there is a threat of imminent physical danger to the	15611
peace officer, a threat of physical harm to another person, or any	15612
other serious emergency situation and if either the peace officer	15613
who is assisted requests emergency assistance or it appears that	15614
the peace officer who is assisted is unable to request emergency	15615
assistance and the circumstances observed by the regional transit	15616
authority police officer reasonably indicate that emergency	15617
assistance is appropriate.	15618

Before exercising powers of arrest and the other powers and	15619
duties of a peace officer, each regional transit authority police	15620
officer shall take an oath and give bond to the state in a sum	15621
that the board of trustees prescribes for the proper performance	15622
of the officer's duties.	15623

Persons employed as regional transit authority police	15624
officers shall complete training for the position to which they	15625
have been appointed as required by the Ohio peace officer training	15626
commission as authorized in section 109.77 of the Revised Code, or	15627
be otherwise qualified. The cost of the training shall be provided	15628
by the regional transit authority.	15629

(Z) May procure a policy or policies insuring members of its	15630
board of trustees against liability on account of damages or	15631
injury to persons and property resulting from any act or omission	15632
of a member in the member's official capacity as a member of the	15633
board or resulting solely out of the member's membership on the	15634
board;	15635

(AA) May enter into any agreement for the sale and leaseback	15636
or lease and leaseback of transit facilities, which agreement may	15637
contain all necessary covenants for the security and protection of	15638
any lessor or the regional transit authority including, but not	15639
limited to, indemnification of the lessor against the loss of	15640
anticipated tax benefits arising from acts, omissions, or	15641
misrepresentations of the regional transit authority. In	15642
connection with that transaction, the regional transit authority	15643
may contract for insurance and letters of credit and pay any	15644
premiums or other charges for the insurance and letters of credit.	15645
The fiscal officer shall not be required to furnish any	15646
certificate under section 5705.41 of the Revised Code in	15647
connection with the execution of any such agreement.	15648

(BB) In regard to any contract entered into on or after March	15649
19, 1993, for the rendering of services or the supplying of	15650
materials or for the construction, demolition, alteration, repair,	15651
or reconstruction of transit facilities in which a bond is	15652
required for the faithful performance of the contract, may permit	15653
the person awarded the contract to utilize a letter of credit	15654
issued by a bank or other financial institution in lieu of the	15655
bond;	15656

(CC) May enter into agreements with municipal corporations	15657
located within the territorial jurisdiction of the regional	15658
transit authority permitting regional transit authority police	15659
officers employed under division (Y) of this section to exercise	15660
full arrest powers, as provided in section 2935.03 of the Revised	15661
Code, for the purpose of preserving the peace and enforcing all	15662
laws of the state and ordinances and regulations of the municipal	15663
corporation within the areas that may be agreed to by the regional	15664
transit authority and the municipal corporation.	15665

Sec. 306.43. (A) The board of trustees of a regional transit	15666
authority or any officer or employee designated by such board may	15667
make any contract for the purchase of goods or services, the cost	15668
of which does not exceed one hundred thousand dollars. When an	15669
expenditure, other than for the acquisition of real estate, the	15670
discharge of claims, or the acquisition of goods or services under	15671
the circumstances described in division (H) of this section, is	15672
expected to exceed one hundred thousand dollars, such expenditure	15673
shall be made through full and open competition by the use of	15674
competitive procedures. The regional transit authority shall use	15675
the competitive procedure, as set forth in divisions (B), (C),	15676
(D), and (E) of this section, that is most appropriate under the	15677
circumstances of the procurement.	15678

(B) Competitive sealed bidding is the preferred method of	15679
procurement and a regional transit authority shall use that method	15680
if all of the following conditions exist:	15681

(1) A clear, complete and adequate description of the goods,	15682
services, or work is available;	15683

(2) Time permits the solicitation, submission, and evaluation	15684
of sealed bids;	15685

(3) The award will be made on the basis of price and other	15686
price-related factors;	15687

(4) It is not necessary to conduct discussions with	15688
responding offerors about their bids;	15689

(5) There is a reasonable expectation of receiving more than	15690
one sealed bid.	15691

A regional transit authority shall publish a notice calling	15692
for bids once a week for no less than two consecutive weeks in at	15693
~~least one~~a newspaper of general circulation within the	15694
territorial boundaries of the regional transit authority, or as	15695
provided in section 7.16 of the Revised Code. A regional transit	15696
authority may require that a bidder for any contract other than a	15697
construction contract provide a bid guaranty in the form, quality,	15698
and amount considered appropriate by the regional transit	15699
authority. The board may let the contract to the lowest responsive	15700
and responsible bidder. Where fewer than two responsive bids are	15701
received, a regional transit authority may negotiate price with	15702
the sole responsive bidder or may rescind the solicitation and	15703
procure under division (H)(2) of this section.	15704

(C) A regional transit authority may use two-step competitive	15705
bidding, consisting of a technical proposal and a separate,	15706
subsequent sealed price bid from those submitting acceptable	15707
technical proposals, if both of the following conditions exist:	15708

(1) A clear, complete, and adequate description of the goods,	15709
services, or work is not available, but definite criteria exist	15710
for the evaluation of technical proposals;	15711

(2) It is necessary to conduct discussions with responding	15712
offerors.	15713

A regional transit authority shall publish a notice calling	15714
for technical proposals once a week for no less than two	15715
consecutive weeks in ~~at least one~~a newspaper of general	15716
circulation within the territorial boundaries of the regional	15717
transit authority, or as provided in section 7.16 of the Revised	15718
Code. A regional transit authority may require a bid guaranty in	15719
the form, quality, and amount the regional transit authority	15720
considers appropriate. The board may let the contract to the	15721
lowest responsive and responsible bidder. Where fewer than two	15722
responsive and responsible bids are received, a regional transit	15723
authority may negotiate price with the sole responsive and	15724
responsible bidder or may rescind the solicitation and procure	15725
under division (H)(2) of this section.	15726

(D) A regional transit authority shall make a procurement by	15727
competitive proposals if competitive sealed bidding or two-step	15728
competitive bidding is not appropriate.	15729

A regional transit authority shall publish a notice calling	15730
for proposals once a week for no less than two consecutive weeks	15731
in ~~at least one~~a newspaper of general circulation within the	15732
territorial boundaries of the regional transit authority, or as	15733
provided in section 7.16 of the Revised Code. A regional transit	15734
authority may require a proposal guaranty in the form, quality,	15735
and amount considered appropriate by the regional transit	15736
authority. The board may let the contract to the proposer making	15737
the offer considered most advantageous to the authority. Where	15738
fewer than two competent proposals are received, a regional	15739
transit authority may negotiate price and terms with the sole	15740
proposer or may rescind the solicitation and procure under	15741
division (H)(2) of this section.	15742

(E)(1) A regional transit authority shall procure the	15743
services of an architect or engineer in the manner prescribed by	15744
the "Federal Mass Transportation Act of 1987," Public Law No.	15745
100-17, section 316, 101 Stat. 227, 232-234, 49 U.S.C.A. app. 1608	15746
and the services of a construction manager in the manner	15747
prescribed by sections 9.33 to 9.332 of the Revised Code.	15748

(2) A regional transit authority may procure revenue rolling	15749
stock in the manner prescribed by division (B), (C), or (D) of	15750
this section.	15751

(3) All contracts for construction in excess of one hundred	15752
thousand dollars shall be made only after the regional transit	15753
authority has published a notice calling for bids once a week for	15754
two consecutive weeks in ~~at least one~~a newspaper of general	15755
circulation within the territorial boundaries of the regional	15756
transit authority, or as provided in section 7.16 of the Revised	15757
Code. The board may award a contract to the lowest responsive and	15758
responsible bidder. Where only one responsive and responsible bid	15759
is received, the regional transit authority may negotiate price	15760
with the sole responsive bidder or may rescind the solicitation.	15761
The regional transit authority shall award construction contracts	15762
in accordance with sections 153.12 to 153.14 and 153.54 of the	15763
Revised Code. Divisions (B) and (C) of this section shall not	15764
apply to the award of contracts for construction.	15765

(F) All contracts involving expenditures in excess of one	15766
hundred thousand dollars shall be in writing and shall be	15767
accompanied by or shall refer to plans and specifications for the	15768
work to be done. The plans and specifications shall at all times	15769
be made and considered part of the contract. For all contracts	15770
other than construction contracts, a regional transit authority	15771
may require performance, payment, or maintenance guaranties or any	15772
combination of such guaranties in the form, quality, and amount it	15773
considers appropriate. The contract shall be approved by the board	15774
and signed on behalf of the regional transit authority and by the	15775
contractor.	15776

(G) In making a contract, a regional transit authority may	15777
give preference to goods produced in the United States in	15778
accordance with the Buy America requirements in the "Surface	15779
Transportation Assistance Act of 1982," Public Law No. 97-424,	15780
section 165, 96 Stat. 2097, 23 U.S.C.A. 101 note, as amended, and	15781
the rules adopted thereunder. The regional transit authority also	15782
may give preference to providers of goods produced in and services	15783
provided in labor surplus areas as defined by the United States	15784
department of labor in 41 U.S.C.A. 401 note, Executive Order No.	15785
12073, August 16, 1978, 43 Fed. Reg. 36873, as amended.	15786

(H) Competitive procedures under this section are not	15787
required in any of the following circumstances:	15788

(1) The board of trustees of a regional transit authority, by	15789
a two-thirds affirmative vote of its members, determines that a	15790
real and present emergency exists under any of the following	15791
conditions, and the board enters its determination and the reasons	15792
for it in its proceedings:	15793

(a) Affecting safety, welfare, or the ability to deliver	15794
transportation services;	15795

(b) Arising out of an interruption of contracts essential to	15796
the provision of daily transit services;	15797

(c) Involving actual physical damage to structures, supplies,	15798
equipment, or property.	15799

(2) The purchase consists of goods or services, or any	15800
combination thereof, and after reasonable inquiry the board or any	15801
officer or employee the board designates finds that only one	15802
source of supply is reasonably available.	15803

(3) The expenditure is for a renewal or renegotiation of a	15804
lease or license for telecommunications or electronic data	15805
processing equipment, services, or systems, or for the upgrade of	15806
such equipment, services, or systems, or for the maintenance	15807
thereof as supplied by the original source or its successors or	15808
assigns.	15809

(4) The purchase of goods or services is made from another	15810
political subdivision, public agency, public transit system,	15811
regional transit authority, the state, or the federal government,	15812
or as a third-party beneficiary under a state or federal	15813
procurement contract, or as a participant in a department of	15814
administrative services contract under division (B) of section	15815
125.04 of the Revised Code.	15816

(5) The sale and leaseback or lease and leaseback of transit	15817
facilities is made as provided in division (AA) of section 306.35	15818
of the Revised Code.	15819

(6) The purchase substantially involves services of a	15820
personal, professional, highly technical, or scientific nature,	15821
including but not limited to the services of an attorney,	15822
physician, surveyor, appraiser, investigator, court reporter,	15823
adjuster, advertising consultant, or licensed broker, or involves	15824
the special skills or proprietary knowledge required for the	15825
servicing of specialized equipment owned by the regional transit	15826
authority.	15827

(7) Services or supplies are available from a qualified	15828
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the	15829
Revised Code.	15830

(8) The purchase consists of the product or services of a	15831
public utility.	15832

(9) The purchase is for the services of individuals with	15833
disabilities to work in the authority's commissaries or	15834
cafeterias, and those individuals are supplied by a nonprofit	15835
corporation or association whose purpose is to assist individuals	15836
with disabilities, whether or not that corporation or association	15837
is funded entirely or in part by the federal government, or the	15838
purchase is for services provided by a nonprofit corporation or	15839
association whose purpose is to assist individuals with	15840
disabilities, whether or not that corporation or association is	15841
funded entirely or in part by the federal government. For purposes	15842
of division (H)(9) of this section, "disability" has the same	15843
meaning as in section 4112.01 of the Revised Code.	15844

(I) A regional transit authority may enter into blanket	15845
purchase agreements for purchases of maintenance, operating, or	15846
repair goods or services where the item cost does not exceed five	15847
hundred dollars and the annual expenditure does not exceed one	15848
hundred thousand dollars.	15849

(J) Nothing contained in this section prohibits a regional	15850
transit authority from participating in intergovernmental	15851
cooperative purchasing arrangements.	15852

(K) Except as otherwise provided in this chapter, a regional	15853
transit authority shall make a sale or other disposition of	15854
property through full and open competition. Except as provided in	15855
division (L) of this section, all dispositions of personal	15856
property and all grants of real property for terms exceeding five	15857
years shall be made by public auction or competitive procedure.	15858

(L) The competitive procedures required by division (K) of	15859
this section are not required in any of the following	15860
circumstances:	15861

(1) The grant is a component of a joint development between	15862
public and private entities and is intended to enhance or benefit	15863
public transit.	15864

(2) The grant of a limited use or of a license affecting land	15865
is made to an owner of abutting real property.	15866

(3) The grant of a limited use is made to a public utility.

15867

(4) The grant or disposition is to a department of the	15868
federal or state government, to a political subdivision of the	15869
state, or to any other governmental entity.	15870

(5) Used equipment is traded on the purchase of equipment and	15871
the value of the used equipment is a price-related factor in the	15872
basis for award for the purchase.	15873

(6) The value of the personal property is such that	15874
competitive procedures are not appropriate and the property either	15875
is sold at its fair market value or is disposed of by gift to a	15876
nonprofit entity having the general welfare or education of the	15877
public as one of its principal objects.	15878

(M) The board of trustees of a regional transit authority,	15879
when making a contract funded exclusively by state or local moneys	15880
or any combination thereof, shall make a good faith effort to use	15881
disadvantaged business enterprise participation to the same extent	15882
required under Section 105(f) of the "Surface Transportation	15883
Assistance Act of 1982," Public Law No. 97-424, 96 Stat. 2100, and	15884
Section 106(c) of the "Surface Transportation and Uniform	15885
Relocation Assistance Act of 1987," Public Law No. 100-17, 101	15886
Stat. 145, and the rules adopted thereunder.	15887

(N) As used in this section:

15888

(1) "Goods" means all things, including specially	15889
manufactured goods, that are movable at the time of identification	15890
to the contract for sale other than the money in which the price	15891
is to be paid, investment securities, and things in action.	15892
"Goods" also includes other identified things attached to realty	15893
as described in section 1302.03 of the Revised Code.	15894

(2) "Services" means the furnishing of labor, time, or effort	15895
by a contractor, not involving the delivery of goods or reports	15896
other than goods or reports that are merely incidental to the	15897
required performance, including but not limited to insurance,	15898
bonding, or routine operation, routine repair, or routine	15899
maintenance of existing structures, buildings, real property, or	15900
equipment, but does not include employment agreements, collective	15901
bargaining agreements, or personal services.	15902

(3) "Construction" means the process of building, altering,	15903
repairing, improving, painting, decorating, or demolishing any	15904
structure or building, or other improvements of any kind to any	15905
real property owned or leased by a regional transit authority.	15906

(4) "Full and open competition" has the same meaning as in	15907
the "Office of Federal Procurement Policy Act," Public Law No.	15908
98-369, section 2731, 98 Stat. 1195 (1984), 41 U.S.C.A. 403.	15909

(5) A bidder is "responsive" if, applying the criteria of	15910
division (A) of section 9.312 of the Revised Code, the bidder is	15911
"responsive" as described in that section.	15912

(6) A bidder is "responsible" if, applying the criteria of	15913
division (A) of section 9.312 of the Revised Code and of the	15914
"Office of Federal Procurement Policy Act," Public Law No. 98-369,	15915
section 2731, 98 Stat. 1195 (1984), 41 U.S.C.A. 403, the bidder is	15916
"responsible" as described in those sections.	15917

Sec. 306.55. Beginning July 1, 2011 and until November 5,	15918
2013, any county, municipal corporation, or township that has	15919
created or joined a regional transit authority that levies a	15920
property tax and that includes a county having a population of at	15921
least four hundred thousand according to the most recent federal	15922
census, may withdraw from the regional transit authority in the	15923
manner provided in this section. The board of county	15924
commissioners, legislative authority of the municipal corporation,	15925
or board of township trustees of the township proposing to	15926
withdraw shall adopt a resolution to submit the question of	15927
withdrawing from the regional transit authority to the electors of	15928
the territory to be withdrawn and shall certify the proposal to	15929
the board of elections for the purpose of having the proposal	15930
placed on the ballot at the next general election or at a special	15931
election conducted on the day of the next primary election that	15932
occurs not less than seventy-five days after the resolution is	15933
certified to the board of elections.	15934

Upon certification of a proposal to the board of elections	15935
pursuant to this section, the board of elections shall make the	15936
necessary arrangements for the submission of the question to the	15937
electors of the territory to be withdrawn from the regional	15938
transit authority qualified to vote on the question, and the	15939
election shall be held, canvassed, and certified in the same	15940
manner as regular elections for the election of officers of the	15941
subdivision proposing to withdraw from the regional transit	15942
authority, except that the question appearing on the ballot shall	15943
read:	15944

"Shall the territory within the .........................	15945
(Name of political subdivision to be withdrawn) be withdrawn from	15946
......................... ......... (Name) regional transit	15947
authority?"	15948

If the question is approved by at least a majority of the	15949
electors voting on the question, the withdrawal is effective one	15950
year from the date of the certification of its passage.	15951

The board of elections to which the resolution was certified	15952
shall certify the results of the election to the board or	15953
legislative authority of the subdivision that submitted the	15954
resolution to withdraw and to the board of trustees of the	15955
regional transit authority from which the subdivision proposed to	15956
withdraw.	15957

If the question of withdrawing from the regional transit	15958
authority is approved, the power of the regional transit authority	15959
to levy a tax on taxable property in the withdrawing subdivision	15960
terminates.	15961

Sec. 306.551. Any county, municipal corporation, or township	15962
that withdraws from a regional transit authority under section	15963
306.55 of the Revised Code may enter into a contract with a	15964
regional transit authority or other provider of transit services	15965
to provide transportation service for handicapped, disabled, or	15966
elderly persons and for any other service the legislative	15967
authority of the county, municipal corporation, or township may	15968
determine to be appropriate.	15969

Sec. 306.70. A tax proposed to be levied by a board of	15970
county commissioners or by the board of trustees of a regional	15971
transit authority pursuant to sections 5739.023 and 5741.022 of	15972
the Revised Code shall not become effective until it is submitted	15973
to the electors residing within the county or within the	15974
territorial boundaries of the regional transit authority and	15975
approved by a majority of the electors voting on it. Such question	15976
shall be submitted at a general election or at a special election	15977
on a day specified in the resolution levying the tax and occurring	15978
not less than ninety days after such resolution is certified to	15979
the board of elections, in accordance with section 3505.071 of the	15980
Revised Code.	15981

The board of elections of the county or of each county in	15982
which any territory of the regional transit authority is located	15983
shall make the necessary arrangements for the submission of such	15984
question to the electors of the county or regional transit	15985
authority, and the election shall be held, canvassed, and	15986
certified in the same manner as regular elections for the election	15987
of county officers. Notice of the election shall be published in	15988
~~one or more newspapers which in the aggregate are~~a newspaper of	15989
general circulation in the territory of the county or of the	15990
regional transit authority once a week for two consecutive weeks	15991
prior to the election ~~and, if~~or as provided in section 7.16 of	15992
the Revised Code. If the board of elections operates and maintains	15993
a web site, notice of the election also shall be posted on that	15994
web site for thirty days prior to the election. The notice shall	15995
state the type, rate, and purpose of the tax to be levied, the	15996
length of time during which the tax will be in effect, and the	15997
time and place of the election.	15998

More than one such question may be submitted at the same	15999
election. The form of the ballots cast at such election shall be:	16000

"Shall a(n) ................ (sales and use) .............	16001
tax be levied for all transit purposes of the ..................	16002
(here insert name of the county or regional transit authority) at	16003
a rate not exceeding ................... (here insert percentage)	16004
per cent for ................ (here insert number of years the tax	16005
is to be in effect, or that it is to be in effect for a continuing	16006
period of time)?"	16007

If the tax proposed to be levied is a continuation of an	16008
existing tax, whether at the same rate or at an increased or	16009
reduced rate, or an increase in the rate of an existing tax, the	16010
notice and ballot form shall so state.	16011

The board of elections to which the resolution was certified	16012
shall certify the results of the election to the county auditor of	16013
the county or secretary-treasurer of the regional transit	16014
authority levying the tax and to the tax commissioner of the	16015
state.	16016

Sec. 307.022. (A) The board of county commissioners of any	16017
county may do both of the following without following the	16018
competitive bidding requirements of section 307.86 of the Revised	16019
Code:	16020

(1) Enter into a lease, including a lease with an option to	16021
purchase, of correctional facilities for a term not in excess of	16022
forty years. Before entering into the lease, the board shall	16023
publish, once a week for three consecutive weeks in a newspaper of	16024
general circulation in the county or as provided in section 7.16	16025
of the Revised Code, a notice that the board is accepting	16026
proposals for a lease pursuant to this division. The notice shall	16027
state the date before which the proposals are required to be	16028
submitted in order to be considered by the board.	16029

(2) Subject to compliance with this section, grant leases,	16030
easements, and licenses with respect to, or sell, real property	16031
owned by the county if the real property is to be leased back by	16032
the county for use as correctional facilities.	16033

The lease under division (A)(1) of this section shall require	16034
the county to contract, in accordance with Chapter 153., sections	16035
307.86 to 307.92, and Chapter 4115. of the Revised Code, for the	16036
construction, improvement, furnishing, and equipping of	16037
correctional facilities to be leased pursuant to this section.	16038
Prior to the board's execution of the lease, it may require the	16039
lessor under the lease to cause sufficient money to be made	16040
available to the county to enable the county to comply with the	16041
certification requirements of division (D) of section 5705.41 of	16042
the Revised Code.	16043

A lease entered into pursuant to division (A)(1) of this	16044
section by a board may provide for the county to maintain and	16045
repair the correctional facility during the term of the leasehold,	16046
may provide for the county to make rental payments prior to or	16047
after occupation of the correctional facilities by the county, and	16048
may provide for the board to obtain and maintain any insurance	16049
that the lessor may require, including, but not limited to, public	16050
liability, casualty, builder's risk, and business interruption	16051
insurance. The obligations incurred under a lease entered into	16052
pursuant to division (A)(1) of this section shall not be	16053
considered to be within the debt limitations of section 133.07 of	16054
the Revised Code.	16055

(B) The correctional facilities leased under division (A)(1)	16056
of this section may include any or all of the following:	16057

(1) Facilities in which one or more other governmental	16058
entities are participating or in which other facilities of the	16059
county are included;	16060

(2) Facilities acquired, constructed, renovated, or financed	16061
by the Ohio building authority and leased to the county pursuant	16062
to section 307.021 of the Revised Code;	16063

(3) Correctional facilities that are under construction or	16064
have been completed and for which no permanent financing has been	16065
arranged.	16066

16067

(1) "Correctional facilities" includes, but is not limited	16068
to, jails, detention facilities, workhouses, community-based	16069
correctional facilities, and family court centers.	16070

(2) "Construction" has the same meaning as in division (B) of	16071
section 4115.03 of the Revised Code.	16072

Sec. 307.041. (A) As used in this section, "energy	16073
conservation measure" means an installation or modification of an	16074
installation in, or remodeling of, an existing building, to reduce	16075
energy consumption. "Energy conservation measure" includes the	16076
following:	16077

(1) Insulation of the building structure and of systems	16078
within the building;	16079

(2) Storm windows and doors, multiglazed windows and doors,	16080
heat-absorbing or heat-reflective glazed and coated window and	16081
door systems, additional glazing, reductions in glass area, and	16082
other window and door system modifications that reduce energy	16083
consumption;	16084

(3) Automatic energy control systems;

16085

(4) Heating, ventilating, or air conditioning system	16086
modifications or replacements;	16087

(5) Caulking and weatherstripping;

16088

(6) Replacement or modification of lighting fixtures to	16089
increase the energy efficiency of the system without increasing	16090
the overall illumination of a facility, unless such an increase in	16091
illumination is necessary to conform to the applicable state or	16092
local building code for the proposed lighting system;	16093

(7) Energy recovery systems;

16094

(8) Cogeneration systems that produce steam or forms of	16095
energy such as heat, as well as electricity, for use primarily	16096
within a building or complex of buildings;	16097

(9) Acquiring, constructing, furnishing, equipping, improving	16098
the site of, and otherwise improving a central utility plant to	16099
provide heating and cooling services to a building or buildings	16100
together with distribution piping and ancillary distribution	16101
controls, equipment, and related facilities from the central	16102
utility plant to the building or buildings;	16103

(10) Any other modification, installation, or remodeling	16104
approved by the board of county commissioners as an energy	16105
conservation measure.	16106

(B) For the purpose of evaluating county buildings for energy	16107
conservation measures, a county may contract with an architect,	16108
professional engineer, energy services company, contractor, or	16109
other person experienced in the design and implementation of	16110
energy conservation measures for an energy conservation report.	16111
The report shall include all of the following:	16112

(1) Analyses of the buildings' energy needs and	16113
recommendations for building installations, modifications of	16114
existing installations, or building remodeling that would	16115
significantly reduce energy consumption in the buildings owned by	16116
that county;	16117

(2) Estimates of all costs of those installations, those	16118
modifications, or that remodeling, including costs of design,	16119
engineering, installation, maintenance, and repairs;	16120

(3) Estimates of the amounts by which energy consumption	16121
could be reduced;	16122

(4) The interest rate used to estimate the costs of any	16123
energy conservation measures that are to be financed;	16124

(5) The average system life of the energy conservation	16125
measures;	16126

(6) Estimates of the likely savings that will result from the	16127
reduction in energy consumption over the average system life of	16128
the energy conservation measure, including the methods used to	16129
estimate the savings;	16130

(7) A certification under the seal of a registered	16131
professional engineer that the energy conservation report uses	16132
reasonable methods of analysis and estimation.	16133

(C)(1) A county desiring to implement energy conservation	16134
measures may proceed under either of the following methods:	16135

(a) Using a report or any part of an energy conservation	16136
report prepared under division (B) of this section, advertise for	16137
bids and, except as otherwise provided in this section, comply	16138
with sections 307.86 to 307.92 of the Revised Code;	16139

(b) Notwithstanding sections 307.86 to 307.92 of the Revised	16140
Code, request proposals from at least three vendors for the	16141
implementation of energy conservation measures. A request for	16142
proposals shall require the installer that is awarded a contract	16143
under division (C)(2)(b) of this section to prepare an energy	16144
conservation report in accordance with division (B) of this	16145
section. Prior to sending any installer of energy conservation	16146
measures a copy of any request for proposals, the county shall	16147
advertise its intent to request proposals for the installation of	16148
energy conservation measures in a newspaper of general circulation	16149
in the county once a week for two consecutive weeks or as	16150
provided in section 7.16 of the Revised Code. The notice shall	16151
state that the county intends to request proposals for the	16152
installation of energy conservation measures; indicate the date,	16153
which shall be at least ten days after the second publication, on	16154
which the request for proposals will be mailed to installers of	16155
energy conservation measures; and state that any installer of	16156
energy conservation measures interested in receiving the request	16157
for proposals shall submit written notice to the county not later	16158
than noon of the day on which the request for proposals will be	16159
mailed.	16160

(2)(a) Upon receiving bids under division (C)(1)(a) of this	16161
section, the county shall analyze them and select the lowest and	16162
best bid or bids most likely to result in the greatest energy	16163
savings considering the cost of the project and the county's	16164
ability to pay for the improvements with current revenues or by	16165
financing the improvements.	16166

(b) Upon receiving proposals under division (C)(1)(b) of this	16167
section, the county shall analyze the proposals and the	16168
installers' qualifications and select the most qualified installer	16169
to prepare an energy conservation report in accordance with	16170
division (B) of this section. After receipt and review of the	16171
energy conservation report, the county may award a contract to the	16172
selected installer to install the energy conservation measures	16173
that are most likely to result in the greatest energy savings	16174
considering the cost of the project and the county's ability to	16175
pay for the improvements with current revenues or by financing the	16176
improvements.	16177

(c) The awarding of a contract to install energy conservation	16178
measures under division (C)(2)(a) or (b) of this section shall be	16179
conditioned upon a finding by the contracting authority that the	16180
amount of money spent on the energy conservation measures is not	16181
likely to exceed the amount of money the county would save in	16182
energy, operating, maintenance, and avoided capital costs over the	16183
average system life of the energy conservation measures as	16184
specified in the energy conservation report. In making such a	16185
finding, the contracting authority may take into account increased	16186
costs due to inflation as shown in the energy conservation report.	16187
Nothing in this division prohibits a county from rejecting all	16188
bids or proposals under division (C)(1)(a) or (b) of this section	16189
or from selecting more than one bid or proposal.	16190

(D) A board of county commissioners may enter into an	16191
installment payment contract for the purchase and installation of	16192
energy conservation measures. Provisions of installment payment	16193
contracts that deal with interest charges and financing terms	16194
shall not be subject to the competitive bidding requirements of	16195
section 307.86 of the Revised Code, and shall be on the following	16196
terms:	16197

(1) Not less than a specified percentage, as determined and	16198
approved by the board of county commissioners, of the costs of the	16199
contract shall be paid within two years from the date of purchase.	16200

(2) The remaining balance of the costs of the contract shall	16201
be paid within the lesser of the average system life of the energy	16202
conservation measures as specified in the energy conservation	16203
report or thirty years.	16204

(E) The board of county commissioners may issue the notes of	16205
the county specifying the terms of a purchase of energy	16206
conservation measures under this section and securing any deferred	16207
payments provided for in division (D) of this section. The notes	16208
shall be payable at the times provided and bear interest at a rate	16209
not exceeding the rate determined as provided in section 9.95 of	16210
the Revised Code. The notes may contain an option for prepayment	16211
and shall not be subject to Chapter 133. of the Revised Code.	16212
Revenues derived from local taxes or otherwise for the purpose of	16213
conserving energy or for defraying the current operating expenses	16214
of the county may be pledged and applied to the payment of	16215
interest and the retirement of the notes. The notes may be sold at	16216
private sale or given to the contractor under an installment	16217
payment contract authorized by division (D) of this section.	16218

(F) Debt incurred under this section shall not be included in	16219
the calculation of the net indebtedness of a county under section	16220
133.07 of the Revised Code.	16221

Sec. 307.10. (A) No sale of real property, or lease of real	16222
property used or to be used for the purpose of airports, landing	16223
fields, or air navigational facilities, or parts thereof, as	16224
provided by section 307.09 of the Revised Code shall be made	16225
unless it is authorized by a resolution adopted by a majority of	16226
the board of county commissioners. When a sale of real property as	16227
provided by section 307.09 of the Revised Code is authorized, the	16228
board may either deed the property to the highest responsible	16229
bidder, after advertisement once a week for four consecutive weeks	16230
in a newspaper of general circulation in the county or as provided	16231
in section 7.16 of the Revised Code, or offer the real property	16232
for sale at a public auction, after giving at least thirty days'	16233
notice of the auction by publication in a newspaper of general	16234
circulation in the county. The board may reject any and all bids.	16235
The board may, as it considers best, sell real property pursuant	16236
to this section as an entire tract or in parcels. The board, by	16237
resolution adopted by a majority of the board, may lease real	16238
property, in accordance with division (A) of section 307.09 of the	16239
Revised Code, without advertising for bids.	16240

(B) The board, by resolution, may transfer real property in	16241
fee simple belonging to the county and not needed for public use	16242
to the United States government, to the state or any department or	16243
agency thereof, to municipal corporations or other political	16244
subdivisions of the state, to the county board of developmental	16245
disabilities, or to a county land reutilization corporation	16246
organized under Chapter 1724. of the Revised Code for public	16247
purposes upon the terms and in the manner that it may determine to	16248
be in the best interests of the county, without advertising for	16249
bids. The board shall execute a deed or other proper instrument	16250
when such a transfer is approved.	16251

(C) The board, by resolution adopted by a majority of the	16252
board, may grant leases, rights, or easements to the United States	16253
government, to the state or any department or agency thereof, or	16254
to municipal corporations and other political subdivisions of the	16255
state, or to privately owned electric light and power companies,	16256
natural gas companies, or telephone or telegraph companies for	16257
purposes of rendering their several public utilities services, in	16258
accordance with division (B) of section 307.09 of the Revised	16259
Code, without advertising for bids. When such grant of lease,	16260
right, or easement is authorized, a deed or other proper	16261
instrument therefor shall be executed by the board.	16262

Sec. 307.12. (A) Except as otherwise provided in divisions	16263
(D), (E), and (G) of this section, when the board of county	16264
commissioners finds, by resolution, that the county has personal	16265
property, including motor vehicles acquired for the use of county	16266
officers and departments, and road machinery, equipment, tools, or	16267
supplies, that is not needed for public use, is obsolete, or is	16268
unfit for the use for which it was acquired, and when the fair	16269
market value of the property to be sold or donated under this	16270
division is, in the opinion of the board, in excess of two	16271
thousand five hundred dollars, the board may do either of the	16272
following:	16273

(1) Sell the property at public auction or by sealed bid to	16274
the highest bidder. Notice of the time, place, and manner of the	16275
sale shall be published in a newspaper of general circulation in	16276
the county at least ten days prior to the sale, and a typewritten	16277
or printed notice of the time, place, and manner of the sale shall	16278
be posted at least ten days before the sale in the offices of the	16279
county auditor and the board of county commissioners.	16280

If a board conducts a sale of property by sealed bid, the	16281
form of the bid shall be as prescribed by the board, and each bid	16282
shall contain the name of the person submitting it. Bids received	16283
shall be opened and tabulated at the time stated in the notice.	16284
The property shall be sold to the highest bidder, except that the	16285
board may reject all bids and hold another sale, by public auction	16286
or sealed bid, in the manner prescribed by this section.	16287

(2) Donate any motor vehicle that does not exceed four	16288
thousand five hundred dollars in value to a nonprofit organization	16289
exempt from federal income taxation pursuant to 26 U.S.C. 501(a)	16290
and (c)(3) for the purpose of meeting the transportation needs of	16291
participants in the Ohio works first program established under	16292
Chapter 5107. of the Revised Code and participants in the	16293
prevention, retention, and contingency program established under	16294
Chapter 5108. of the Revised Code.	16295

(B) When the board of county commissioners finds, by	16296
resolution, that the county has personal property, including motor	16297
vehicles acquired for the use of county officers and departments,	16298
and road machinery, equipment, tools, or supplies, that is not	16299
needed for public use, is obsolete, or is unfit for the use for	16300
which it was acquired, and when the fair market value of the	16301
property to be sold or donated under this division is, in the	16302
opinion of the board, two thousand five hundred dollars or less,	16303
the board may do either of the following:	16304

(1) Sell the property by private sale, without advertisement	16305
or public notification;	16306

(2) Donate the property to an eligible nonprofit organization	16307
that is located in this state and is exempt from federal income	16308
taxation pursuant to 26 U.S.C. 501(a) and (c)(3). Before donating	16309
any property under this division, the board shall adopt a	16310
resolution expressing its intent to make unneeded, obsolete, or	16311
unfit-for-use county personal property available to these	16312
organizations. The resolution shall include guidelines and	16313
procedures the board considers necessary to implement a donation	16314
program under this division and shall indicate whether the county	16315
will conduct the donation program or the board will contract with	16316
a representative to conduct it. If a representative is known when	16317
the resolution is adopted, the resolution shall provide contact	16318
information such as the representative's name, address, and	16319
telephone number.	16320

The resolution shall include within its procedures a	16321
requirement that any nonprofit organization desiring to obtain	16322
donated property under this division shall submit a written notice	16323
to the board or its representative. The written notice shall	16324
include evidence that the organization is a nonprofit organization	16325
that is located in this state and is exempt from federal income	16326
taxation pursuant to 26 U.S.C. 501(a) and (c)(3); a description of	16327
the organization's primary purpose; a description of the type or	16328
types of property the organization needs; and the name, address,	16329
and telephone number of a person designated by the organization's	16330
governing board to receive donated property and to serve as its	16331
agent.	16332

After adoption of the resolution, the board shall publish, in	16333
a newspaper of general circulation in the county, notice of its	16334
intent to donate unneeded, obsolete, or unfit-for-use county	16335
personal property to eligible nonprofit organizations. The notice	16336
shall include a summary of the information provided in the	16337
resolution and shall be published ~~at least~~ twice or as provided in	16338
section 7.16 of the Revised Code. The second and any subsequent	16339
notice shall be published not less than ten nor more than twenty	16340
days after the previous notice. A similar notice also shall be	16341
posted continually in a conspicuous place in the offices of the	16342
county auditor and the board of county commissioners~~, and, if~~. If	16343
the county maintains a web site on the internet, the notice shall	16344
be posted continually at that web site.	16345

The board or its representative shall maintain a list of all	16346
nonprofit organizations that notify the board or its	16347
representative of their desire to obtain donated property under	16348
this division and that the board or its representative determines	16349
to be eligible, in accordance with the requirements set forth in	16350
this section and in the donation program's guidelines and	16351
procedures, to receive donated property.	16352

The board or its representatives also shall maintain a list	16353
of all county personal property the board finds to be unneeded,	16354
obsolete, or unfit for use and to be available for donation under	16355
this division. The list shall be posted continually in a	16356
conspicuous location in the offices of the county auditor and the	16357
board of county commissioners, and, if the county maintains a web	16358
site on the internet, the list shall be posted continually at that	16359
web site. An item of property on the list shall be donated to the	16360
eligible nonprofit organization that first declares to the board	16361
or its representative its desire to obtain the item unless the	16362
board previously has established, by resolution, a list of	16363
eligible nonprofit organizations that shall be given priority with	16364
respect to the item's donation. Priority may be given on the basis	16365
that the purposes of a nonprofit organization have a direct	16366
relationship to specific public purposes of programs provided or	16367
administered by the board. A resolution giving priority to certain	16368
nonprofit organizations with respect to the donation of an item of	16369
property shall specify the reasons why the organizations are given	16370
that priority.	16371

(C) Members of the board of county commissioners shall	16372
consult with the Ohio ethics commission, and comply with the	16373
provisions of Chapters 102. and 2921. of the Revised Code, with	16374
respect to any sale or donation under division (A) or (B) of this	16375
section to a nonprofit organization of which a county	16376
commissioner, any member of the county commissioner's family, or	16377
any business associate of the county commissioner is a trustee,	16378
officer, board member, or employee.	16379

(D) Notwithstanding anything to the contrary in division (A),	16380
(B), or (E) of this section and regardless of the property's	16381
value, the board of county commissioners may sell or donate county	16382
personal property, including motor vehicles, to the federal	16383
government, the state, any political subdivision of the state, or	16384
a county land reutilization corporation without advertisement or	16385
public notification.	16386

(E) Notwithstanding anything to the contrary in division (A),	16387
(B), or (G) of this section and regardless of the property's	16388
value, the board of county commissioners may sell personal	16389
property, including motor vehicles acquired for the use of county	16390
officers and departments, and road machinery, equipment, tools, or	16391
supplies, that is not needed for public use, is obsolete, or is	16392
unfit for the use for which it was acquired, by internet auction.	16393
The board shall adopt, during each calendar year, a resolution	16394
expressing its intent to sell that property by internet auction.	16395
The resolution shall include a description of how the auctions	16396
will be conducted and shall specify the number of days for bidding	16397
on the property, which shall be no less than ten days, including	16398
Saturdays, Sundays, and legal holidays. The resolution shall	16399
indicate whether the county will conduct the auction or the board	16400
will contract with a representative to conduct the auction and	16401
shall establish the general terms and conditions of sale. If a	16402
representative is known when the resolution is adopted, the	16403
resolution shall provide contact information such as the	16404
representative's name, address, and telephone number.	16405

After adoption of the resolution, the board shall publish, in	16406
a newspaper of general circulation in the county, notice of its	16407
intent to sell unneeded, obsolete, or unfit-for-use county	16408
personal property by internet auction. The notice shall include a	16409
summary of the information provided in the resolution and shall be	16410
published ~~at least~~ twice or as provided in section 7.16 of the	16411
Revised Code. The second and any subsequent notice shall be	16412
published not less than ten nor more than twenty days after the	16413
previous notice. A similar notice also shall be posted continually	16414
throughout the calendar year in a conspicuous place in the offices	16415
of the county auditor and the board of county commissioners~~, and,~~	16416
if. If the county maintains a web site on the internet, the notice	16417
shall be posted continually throughout the calendar year at that	16418
web site.	16419

When property is to be sold by internet auction, the board or	16420
its representative may establish a minimum price that will be	16421
accepted for specific items and may establish any other terms and	16422
conditions for the particular sale, including requirements for	16423
pick-up or delivery, method of payment, and sales tax. This type	16424
of information shall be provided on the internet at the time of	16425
the auction and may be provided before that time upon request	16426
after the terms and conditions have been determined by the board	16427
or its representative.	16428

(F) When a county officer or department head determines that	16429
county-owned personal property under the jurisdiction of the	16430
officer or department head, including motor vehicles, road	16431
machinery, equipment, tools, or supplies, is not of immediate	16432
need, the county officer or department head may notify the board	16433
of county commissioners, and the board may lease that personal	16434
property to any municipal corporation, township, other political	16435
subdivision of the state, or to a county land reutilization	16436
corporation. The lease shall require the county to be reimbursed	16437
under terms, conditions, and fees established by the board, or	16438
under contracts executed by the board.	16439

(G) If the board of county commissioners finds, by	16440
resolution, that the county has vehicles, equipment, or machinery	16441
that is not needed, or is unfit for public use, and the board	16442
desires to sell the vehicles, equipment, or machinery to the	16443
person or firm from which it proposes to purchase other vehicles,	16444
equipment, or machinery, the board may offer to sell the vehicles,	16445
equipment, or machinery to that person or firm, and to have the	16446
selling price credited to the person or firm against the purchase	16447
price of other vehicles, equipment, or machinery.	16448

(H) If the board of county commissioners advertises for bids	16449
for the sale of new vehicles, equipment, or machinery to the	16450
county, it may include in the same advertisement a notice of the	16451
willingness of the board to accept bids for the purchase of	16452
county-owned vehicles, equipment, or machinery that is obsolete or	16453
not needed for public use, and to have the amount of those bids	16454
subtracted from the selling price of the other vehicles,	16455
equipment, or machinery as a means of determining the lowest	16456
responsible bidder.	16457

(I) If a board of county commissioners determines that county	16458
personal property is not needed for public use, or is obsolete or	16459
unfit for the use for which it was acquired, and that the property	16460
has no value, the board may discard or salvage that property.	16461

(J) A county engineer, in the engineer's discretion, may	16462
dispose of scrap construction materials on such terms as the	16463
engineer determines reasonable, including disposal without	16464
recovery of costs, if the total value of the materials does not	16465
exceed twenty-five thousand dollars. The engineer shall maintain	16466
records of all dispositions made under this division, including	16467
identification of the origin of the materials, the final	16468
disposition, and copies of all receipts resulting from the	16469
dispositions.	16470

As used in division (I) of this section, "scrap construction	16471
materials" means construction materials that result from a road or	16472
bridge improvement, remain after the improvement is completed, and	16473
are not reusable. Construction material that is metal and that	16474
results from a road or bridge improvement and remains after the	16475
improvement is completed is scrap construction material only if it	16476
cannot be used in any other road or bridge improvement or other	16477
project in its current state.	16478

Sec. 307.676. (A) As used in this section:

16479

(1) "Food and beverages" means any raw, cooked, or processed	16480
edible substance used or intended for use in whole or in part for	16481
human consumption, including ice, water, spirituous liquors, wine,	16482
mixed beverages, beer, soft drinks, soda, and other beverages.	16483

(2) "Convention facilities authority" has the same meaning as	16484
in section 351.01 of the Revised Code.	16485

(3) "Convention center" has the same meaning as in section	16486
307.695 of the Revised Code.	16487

(B) The legislative authority of a county with a population	16488
of one million or more according to the most recent federal	16489
decennial census may, by resolution adopted on or before August	16490
30, 2004, by a majority of the members of the legislative	16491
authority and with the subsequent approval of a majority of the	16492
electors of the county voting upon it, levy a tax of not more than	16493
two per cent on every retail sale in the county of food and	16494
beverages to be consumed on the premises where sold to pay the	16495
expenses of administering the tax and to provide revenues for the	16496
county general fund. Such resolution shall direct the board of	16497
elections to submit the question of levying the tax to the	16498
electors of the county at the next primary or general election in	16499
the county occurring not less than ninety days after the	16500
resolution is certified to the board of elections, and such	16501
resolution may further direct the board of elections to include	16502
upon the ballot submitted to the electors any specific purposes	16503
for which the tax will be used. The legislative authority shall	16504
establish all regulations necessary to provide for the	16505
administration and allocation of the tax. The regulations may	16506
prescribe the time for payment of the tax and may provide for	16507
imposition of a penalty, interest, or both for late payments,	16508
provided that any such penalty may not exceed ten per cent of the	16509
amount of tax due and the rate at which interest accrues may not	16510
exceed the rate per annum required under section 5703.47 of the	16511
Revised Code.	16512

(C) A tax levied under this section shall remain in effect	16513
for the period of time specified in the resolution or ordinance	16514
levying the tax, but in no case for a longer period than forty	16515
years.	16516

(D) A tax levied under this section is in addition to any	16517
other tax levied under Chapter 307., 4301., 4305., 5739., 5741.,	16518
or any other chapter of the Revised Code. "Price," as defined in	16519
sections 5739.01 and 5741.01 of the Revised Code, does not include	16520
any tax levied under this section and any tax levied under this	16521
section does not include any tax imposed under Chapter 5739. or	16522
5741. of the Revised Code.	16523

(E)(1) No amount collected from a tax levied under this	16524
section shall be contributed to a convention facilities authority,	16525
corporation, or other entity created after July 1, 2003, for the	16526
principal purpose of constructing, improving, expanding,	16527
equipping, financing, or operating a convention center unless the	16528
mayor of the municipal corporation in which the convention center	16529
is to be operated by that convention facilities authority,	16530
corporation, or other entity has consented to the creation of that	16531
convention facilities authority, corporation, or entity.	16532
Notwithstanding any contrary provision of section 351.04 of the	16533
Revised Code, if a tax is levied by a county under this section,	16534
the board of county commissioners of that county may determine the	16535
manner of selection, the qualifications, the number, and terms of	16536
office of the members of the board of directors of any convention	16537
facilities authority, corporation, or other entity described in	16538
division (E)(1) of this section.	16539

(2)(a) No amount collected from a tax levied under this	16540
section may be used for any purpose other than paying the direct	16541
and indirect costs of constructing, improving, expanding,	16542
equipping, financing, or operating a convention center and for the	16543
real and actual costs of administering the tax, unless, prior to	16544
the adoption of the resolution of the legislative authority of the	16545
county directing the board of elections to submit the question of	16546
the levy, extension, or increase to the electors of the county,	16547
the county and the mayor of the most populous municipal	16548
corporation in that county have entered into an agreement as to	16549
the use of such amounts, provided that such agreement has been	16550
approved by a majority of the mayors of the other municipal	16551
corporations in that county. The agreement shall provide that the	16552
amounts to be used for purposes other than paying the convention	16553
center or administrative costs described in division (E)(2)(a) of	16554
this section be used only for the direct and indirect costs of	16555
capital improvements in accordance with the agreement, including	16556
the financing of capital improvements. Immediately following the	16557
execution of the agreement, the county shall:	16558

(i) In accordance with section 7.12 of the Revised Code,	16559
cause the agreement to be published ~~at least~~ once in a newspaper	16560
of general circulation in that county; or	16561

(ii) Post the agreement in at least five public places in the	16562
county, as determined by the legislative authority, for a period	16563
not less than fifteen days.	16564

(b) If the county in which the tax is levied has an	16565
association of mayors and city managers, the approval of that	16566
association of an agreement described in division (E)(2)(a) of	16567
this section shall be considered to be the approval of the	16568
majority of the mayors of the other municipal corporations for	16569
purposes of that division.	16570

(F) Each year, the auditor of state shall conduct an audit of	16571
the uses of any amounts collected from taxes levied under this	16572
section and shall prepare a report of the auditor of state's	16573
findings. The auditor of state shall submit the report to the	16574
legislative authority of the county that has levied the tax, the	16575
speaker of the house of representatives, the president of the	16576
senate, and the leaders of the minority parties of the house of	16577
representatives and the senate.	16578

(G) The levy of any taxes under Chapter 5739. of the Revised	16579
Code on the same transactions subject to a tax under this section	16580
does not prevent the levy of a tax under this section.	16581

Sec. 307.70. In any county electing a county charter	16582
commission, the board of county commissioners shall appropriate	16583
money for the expenses of such commission in the preparation of a	16584
county charter, or charter amendment, and the study of problems	16585
involved. No appropriation shall be made for the compensation of	16586
members of the commission for their services. The board shall	16587
appropriate money for the printing and mailing or otherwise	16588
distributing to each elector in the county, as far as may be	16589
reasonably possible, a copy of a charter submitted to the electors	16590
of the county by a charter commission or by the board pursuant to	16591
petition as provided by Section 4 of Article X, Ohio Constitution.	16592
The copy of the charter shall be mailed or otherwise distributed	16593
at least thirty days prior to the election. The board shall	16594
appropriate money for the printing and distribution or publication	16595
of proposed amendments to a charter submitted by a charter	16596
commission pursuant to Section 4 of Article X, Ohio Constitution.	16597
Notice of amendments to a county charter shall be given by mailing	16598
or otherwise distributing a copy of each proposed amendment to	16599
each elector in the county, as far as may be reasonably possible,	16600
at least thirty days prior to the election or, if the board so	16601
determines, by publishing the full text of the proposed amendments	16602
once a week for at least two consecutive weeks in a newspaper	16603
~~published in the county. If no newspaper is published in the~~	16604
~~county or the board is unable to obtain publication in a newspaper~~	16605
~~published in the county, the proposed amendments may be published~~	16606
~~in a newspaper~~ of general circulation within the county, or as	16607
provided in section 7.16 of the Revised Code. No public officer is	16608
precluded, because of being a public officer, from also holding	16609
office as a member of a county charter commission, except that not	16610
more than four officeholders may be elected to a county charter	16611
commission at the same time. No member of a county charter	16612
commission, because of charter commission membership, is precluded	16613
from seeking or holding other public office.	16614

Sec. 307.79. (A) The board of county commissioners may	16615
adopt, amend, and rescind rules establishing technically feasible	16616
and economically reasonable standards to achieve a level of	16617
management and conservation practices that will abate wind or	16618
water erosion of the soil or abate the degradation of the waters	16619
of the state by soil sediment in conjunction with land grading,	16620
excavating, filling, or other soil disturbing activities on land	16621
used or being developed for nonfarm commercial, industrial,	16622
residential, or other nonfarm purposes, and establish criteria for	16623
determination of the acceptability of those management and	16624
conservation practices. The rules shall be designed to implement	16625
the applicable areawide waste treatment management plan prepared	16626
under section 208 of the "Federal Water Pollution Control Act," 86	16627
Stat. 816 (1972), 33 U.S.C.A. 1228, as amended, and to implement	16628
phase II of the storm water program of the national pollutant	16629
discharge elimination system established in 40 C.F.R. Part 122.	16630
The rules to implement phase II of the storm water program of the	16631
national pollutant discharge elimination system shall not be	16632
inconsistent with, more stringent than, or broader in scope than	16633
the rules or regulations adopted by the environmental protection	16634
agency under 40 C.F.R. Part 122. The rules adopted under this	16635
section shall not apply inside the limits of municipal	16636
corporations or the limits of townships with a limited home rule	16637
government that have adopted rules under section 504.21 of the	16638
Revised Code, to lands being used in a strip mine operation as	16639
defined in section 1513.01 of the Revised Code, or to land being	16640
used in a surface mine operation as defined in section 1514.01 of	16641
the Revised Code.	16642

The rules adopted under this section may require persons to	16643
file plans governing erosion control, sediment control, and water	16644
management before clearing, grading, excavating, filling, or	16645
otherwise wholly or partially disturbing one or more contiguous	16646
acres of land owned by one person or operated as one development	16647
unit for the construction of nonfarm buildings, structures,	16648
utilities, recreational areas, or other similar nonfarm uses. If	16649
the rules require plans to be filed, the rules shall do all of the	16650
following:	16651

(1) Designate the board itself, its employees, or another	16652
agency or official to review and approve or disapprove the plans;	16653

(2) Establish procedures and criteria for the review and	16654
approval or disapproval of the plans;	16655

(3) Require the designated entity to issue a permit to a	16656
person for the clearing, grading, excavating, filling, or other	16657
project for which plans are approved and to deny a permit to a	16658
person whose plans have been disapproved;	16659

(4) Establish procedures for the issuance of the permits;

16660

(5) Establish procedures under which a person may appeal the	16661
denial of a permit.	16662

Areas of less than one contiguous acre shall not be exempt	16663
from compliance with other provisions of this section or rules	16664
adopted under this section. The rules adopted under this section	16665
may impose reasonable filing fees for plan review, permit	16666
processing, and field inspections.	16667

No permit or plan shall be required for a public highway,	16668
transportation, or drainage improvement or maintenance project	16669
undertaken by a government agency or political subdivision in	16670
accordance with a statement of its standard sediment control	16671
policies that is approved by the board or the chief of the	16672
division of soil and water resources in the department of natural	16673
resources.	16674

(B) Rules or amendments may be adopted under this section	16675
only after public hearings at not fewer than two regular sessions	16676
of the board. The board of county commissioners shall cause to be	16677
published, in a newspaper of general circulation in the county,	16678
notice of the public hearings, including time, date, and place,	16679
once a week for two weeks immediately preceding the hearings, or	16680
as provided in section 7.16 of the Revised Code. The proposed	16681
rules or amendments shall be made available by the board to the	16682
public at the board office or other location indicated in the	16683
notice. The rules or amendments shall take effect on the	16684
thirty-first day following the date of their adoption.	16685

(C) The board of county commissioners may employ personnel to	16686
assist in the administration of this section and the rules adopted	16687
under it. The board also, if the action does not conflict with the	16688
rules, may delegate duties to review sediment control and water	16689
management plans to its employees, and may enter into agreements	16690
with one or more political subdivisions, other county officials,	16691
or other government agencies, in any combination, in order to	16692
obtain reviews and comments on plans governing erosion control,	16693
sediment control, and water management or to obtain other services	16694
for the administration of the rules adopted under this section.	16695

(D) The board of county commissioners or any duly authorized	16696
representative of the board may, upon identification to the owner	16697
or person in charge, enter any land upon obtaining agreement with	16698
the owner, tenant, or manager of the land in order to determine	16699
whether there is compliance with the rules adopted under this	16700
section. If the board or its duly authorized representative is	16701
unable to obtain such an agreement, the board or representative	16702
may apply for, and a judge of the court of common pleas for the	16703
county where the land is located may issue, an appropriate	16704
inspection warrant as necessary to achieve the purposes of this	16705
chapter.	16706

(E)(1) If the board of county commissioners or its duly	16707
authorized representative determines that a violation of the rules	16708
adopted under this section exists, the board or representative may	16709
issue an immediate stop work order if the violator failed to	16710
obtain any federal, state, or local permit necessary for sediment	16711
and erosion control, earth movement, clearing, or cut and fill	16712
activity. In addition, if the board or representative determines	16713
such a rule violation exists, regardless of whether or not the	16714
violator has obtained the proper permits, the board or	16715
representative may authorize the issuance of a notice of	16716
violation. If, after a period of not less than thirty days has	16717
elapsed following the issuance of the notice of violation, the	16718
violation continues, the board or its duly authorized	16719
representative shall issue a second notice of violation. Except as	16720
provided in division (E)(3) of this section, if, after a period of	16721
not less than fifteen days has elapsed following the issuance of	16722
the second notice of violation, the violation continues, the board	16723
or its duly authorized representative may issue a stop work order	16724
after first obtaining the written approval of the prosecuting	16725
attorney of the county if, in the opinion of the prosecuting	16726
attorney, the violation is egregious.	16727

Once a stop work order is issued, the board or its duly	16728
authorize representative shall request, in writing, the	16729
prosecuting attorney of the county to seek an injunction or other	16730
appropriate relief in the court of common pleas to abate excessive	16731
erosion or sedimentation and secure compliance with the rules	16732
adopted under this section. If the prosecuting attorney seeks an	16733
injunction or other appropriate relief, then, in granting relief,	16734
the court of common pleas may order the construction of sediment	16735
control improvements or implementation of other control measures	16736
and may assess a civil fine of not less than one hundred or more	16737
than five hundred dollars. Each day of violation of a rule or stop	16738
work order issued under this section shall be considered a	16739
separate violation subject to a civil fine.	16740

(2) The person to whom a stop work order is issued under this	16741
section may appeal the order to the court of common pleas of the	16742
county in which it was issued, seeking any equitable or other	16743
appropriate relief from that order.	16744

(3) No stop work order shall be issued under this section	16745
against any public highway, transportation, or drainage	16746
improvement or maintenance project undertaken by a government	16747
agency or political subdivision in accordance with a statement of	16748
its standard sediment control policies that is approved by the	16749
board or the chief of the division of soil and water resources in	16750
the department of natural resources.	16751

(F) No person shall violate any rule adopted or order issued	16752
under this section. Notwithstanding division (E) of this section,	16753
if the board of county commissioners determines that a violation	16754
of any rule adopted or administrative order issued under this	16755
section exists, the board may request, in writing, the prosecuting	16756
attorney of the county to seek an injunction or other appropriate	16757
relief in the court of common pleas to abate excessive erosion or	16758
sedimentation and secure compliance with the rules or order. In	16759
granting relief, the court of common pleas may order the	16760
construction of sediment control improvements or implementation of	16761
other control measures and may assess a civil fine of not less	16762
than one hundred or more than five hundred dollars. Each day of	16763
violation of a rule adopted or administrative order issued under	16764
this section shall be considered a separate violation subject to a	16765
civil fine.	16766

Sec. 307.791. The question of repeal of a county sediment	16767
control rule adopted under section 307.79 of the Revised Code may	16768
be initiated by filing with the board of elections of the county	16769
not less than ninety days before the general or primary election	16770
in any year a petition requesting that an election be held on such	16771
question. Such petition shall be signed by qualified electors	16772
residing in the county equal in number to ten per cent of those	16773
voting for governor at the most recent gubernatorial election in	16774
the county.	16775

After determination by it that such petition is valid, the	16776
board of elections shall submit the question to the electors of	16777
the county at the next general or primary election. The election	16778
shall be conducted, canvassed, and certified in the same manner as	16779
regular elections for county offices in the county. Notice of the	16780
election shall be published in a newspaper of general circulation	16781
in the county once a week for two consecutive weeks prior to the	16782
election ~~and, if~~or as provided in section 7.16 of the Revised	16783
Code. If the board of elections operates and maintains a web site,	16784
notice of the election also shall be posted on that web site for	16785
thirty days prior to the election. The notice shall state the	16786
purpose, time, and place of the election and ~~the complete text~~a	16787
succinct summary of each rule sought to be repealed. The form of	16788
the ballot cast at such election shall be prescribed by the	16789
secretary of state. The question covered by such petition shall be	16790
submitted as a separate proposition, but it may be printed on the	16791
same ballot with any other proposition submitted at the same	16792
election other than the election of officers. If a majority of the	16793
qualified electors voting on the question of repeal approve the	16794
repeal, the result of the election shall be certified immediately	16795
after the canvass by the board of elections to the board of county	16796
commissioners, who shall thereupon rescind the rule.	16797

Sec. 307.81. (A) Where lands have been dedicated to or for	16798
the use of the public for parks or park lands, and where such	16799
lands have remained unimproved and unused by the public and there	16800
appears to be little or no possibility that such lands will be	16801
improved and used by the public, the board of county commissioners	16802
of the county in which the lands are located may, by resolution,	16803
declare such parks or park lands vacated upon the petition of a	16804
majority of the abutting freeholders. No such parks or park lands	16805
shall be vacated unless notice of the pendency and prayer of the	16806
petition is given in a newspaper of general circulation in the	16807
county in which such lands are situated for three consecutive	16808
weeks preceding action on such petition or as provided in section	16809
7.16 of the Revised Code. No such lands shall be vacated prior to	16810
a public hearing had thereon.	16811

(B) Before the board of county commissioners may act on a	16812
petition to vacate unimproved and unused parks or park lands under	16813
division (A) of this section, the board shall offer such parks or	16814
park lands to all political subdivisions described in division (C)	16815
of this section. The board shall give notice to those political	16816
subdivisions by first class mail that the parks or park lands may	16817
be declared vacated unless the board of county commissioners	16818
accepts an offer from another political subdivision to buy or	16819
lease the lands. The failure of delivery of any such notice does	16820
not invalidate any proceedings for the disposition of parks or	16821
park lands under this division. Any such political subdivision	16822
that wishes to buy or lease the parks or park lands shall make an	16823
offer for the lands to the board in writing not later than ninety	16824
days after receiving the notice. The board may reject any offer,	16825
except that if it receives an offer in which the political	16826
subdivision agrees to use the lands for park purposes and in which	16827
the board finds all of the other terms acceptable, the board shall	16828
accept that offer. No offer shall be accepted until notice of the	16829
offer is published for three consecutive weeks in a newspaper of	16830
general circulation in the county in which the lands are situated	16831
or as provided in section 7.16 of the Revised Code, and a public	16832
hearing is held. Proceeds from the sale or lease of the lands	16833
shall be placed in the general fund of the county and be disbursed	16834
as prescribed in section 307.82 of the Revised Code. Any deed	16835
conveying the lands shall be executed as provided in that section.	16836

(C) In order to receive a notice or to make an offer	16837
regarding parks or park lands under division (B) of this section,	16838
a political subdivision must meet both of the following	16839
conditions:	16840

(1) Have the authority to acquire, develop, and maintain	16841
public parks or recreation areas;	16842

(2) Contain the parks or park lands in question within its	16843
boundaries, or adjoin a political subdivision that contains those	16844
parks or park lands within its boundaries.	16845

Sec. 307.82. Upon the vacation of parks or park lands, the	16846
board of county commissioners shall offer such lands for sale at a	16847
public auction at the courthouse of the county in which such lands	16848
are situated. No lands shall be sold until the board gives notice	16849
of intention to sell such lands. Such notice shall be published	16850
once a week for four consecutive weeks in a newspaper of general	16851
circulation in the county in which sale is to be had or as	16852
provided in section 7.16 of the Revised Code. The board shall sell	16853
such lands to the highest and best bidder, provided, the board may	16854
reject any and all bids made hereunder.	16855

When such sale is made, the auditor of the county in which	16856
sale is had and in which such lands are located, shall enter into	16857
a deed, conveying said lands to the purchaser thereof. At the time	16858
of sale, the auditor shall place the lands sold hereunder on the	16859
tax duplicate of the county at a value to be established by ~~him~~	16860
the auditor as in cases where hethe auditor re-enters property	16861
which has been tax exempt on the taxable list of the county.	16862

The proceeds from the sale of lands sold pursuant to this	16863
section shall be placed in the general fund of the county in which	16864
such lands are located and may be disbursed as other general fund	16865
moneys.	16866

Sec. 307.83. When real estate which has been dedicated to or	16867
for the use of the public for parks or park lands is vacated by	16868
the board of county commissioners pursuant to division (A) of	16869
section 307.81 of the Revised Code or is to be sold or leased for	16870
nonpark use under division (B) of that section, and where	16871
reversionary interests have been set up in the event of the	16872
non-use of such lands for the dedicated purpose, such reversionary	16873
interests shall accelerate and vest in the holders thereof upon	16874
such vacation, or prior to the acceptance of an offer to buy or	16875
lease the land. Thereupon the auditor of the county shall place	16876
the lands on the tax duplicate of the county in the names of such	16877
reversioners as are known to the board of county commissioners. If	16878
the board is unable to establish the names of such reversioners,	16879
it shall fix a date on or before which claims to such real estate	16880
may be asserted and after which such real estate shall be sold or	16881
leased. The board shall give notice of such date and of the sale	16882
or lease to be held thereafter, once each week for four	16883
consecutive weeks in a newspaper of general circulation in the	16884
county wherein such lands are located or as provided in section	16885
7.16 of the Revised Code. In the event that no claims to such	16886
lands are asserted or found to be valid, the lands shall be sold	16887
pursuant to section 307.82 of the Revised Code in the case of a	16888
vacation of the lands pursuant to division (A) of section 307.81	16889
of the Revised Code, or be sold or leased pursuant to division (B)	16890
of section 307.81 of the Revised Code if an agreement with a	16891
political subdivision is entered into under that division, and the	16892
title of any holders of reversionary interests shall be	16893
extinguished.	16894

Sec. 307.86. Anything to be purchased, leased, leased with	16895
an option or agreement to purchase, or constructed, including, but	16896
not limited to, any product, structure, construction,	16897
reconstruction, improvement, maintenance, repair, or service,	16898
except the services of an accountant, architect, attorney at law,	16899
physician, professional engineer, construction project manager,	16900
consultant, surveyor, or appraiser, by or on behalf of the county	16901
or contracting authority, as defined in section 307.92 of the	16902
Revised Code, at a cost in excess of twenty-five thousand dollars,	16903
except as otherwise provided in division (D) of section 713.23 and	16904
in sections 9.48, 125.04, 125.60 to 125.6012, 307.022, 307.041,	16905
307.861, 339.05, 340.03, 340.033, 4115.31 to 4115.35, 5119.16,	16906
5513.01, 5543.19, 5713.01, and 6137.05 of the Revised Code, shall	16907
be obtained through competitive bidding. However, competitive	16908
bidding is not required when any of the following applies:	16909

(A) The board of county commissioners, by a unanimous vote of	16910
its members, makes a determination that a real and present	16911
emergency exists, and that determination and the reasons for it	16912
are entered in the minutes of the proceedings of the board, when	16913
either of the following applies:	16914

(1) The estimated cost is less than fifty thousand dollars.

16915

(2) There is actual physical disaster to structures, radio	16916
communications equipment, or computers.	16917

For purposes of this division, "unanimous vote" means all	16918
three members of a board of county commissioners when all three	16919
members are present, or two members of the board if only two	16920
members, constituting a quorum, are present.	16921

Whenever a contract of purchase, lease, or construction is	16922
exempted from competitive bidding under division (A)(1) of this	16923
section because the estimated cost is less than fifty thousand	16924
dollars, but the estimated cost is twenty-five thousand dollars or	16925
more, the county or contracting authority shall solicit informal	16926
estimates from no fewer than three persons who could perform the	16927
contract, before awarding the contract. With regard to each such	16928
contract, the county or contracting authority shall maintain a	16929
record of such estimates, including the name of each person from	16930
whom an estimate is solicited. The county or contracting authority	16931
shall maintain the record for the longer of at least one year	16932
after the contract is awarded or the amount of time the federal	16933
government requires.	16934

(B)(1) The purchase consists of supplies or a replacement or	16935
supplemental part or parts for a product or equipment owned or	16936
leased by the county, and the only source of supply for the	16937
supplies, part, or parts is limited to a single supplier.	16938

(2) The purchase consists of services related to information	16939
technology, such as programming services, that are proprietary or	16940
limited to a single source.	16941

(C) The purchase is from the federal government, the state,	16942
another county or contracting authority of another county, or a	16943
board of education, educational service center, township, or	16944
municipal corporation.	16945

(D) The purchase is made by a county department of job and	16946
family services under section 329.04 of the Revised Code and	16947
consists of family services duties or workforce development	16948
activities or is made by a county board of developmental	16949
disabilities under section 5126.05 of the Revised Code and	16950
consists of program services, such as direct and ancillary client	16951
services, child care, case management services, residential	16952
services, and family resource services.	16953

(E) The purchase consists of criminal justice services,	16954
social services programs, family services, or workforce	16955
development activities by the board of county commissioners from	16956
nonprofit corporations or associations under programs funded by	16957
the federal government or by state grants.	16958

(F) The purchase consists of any form of an insurance policy	16959
or contract authorized to be issued under Title XXXIX of the	16960
Revised Code or any form of health care plan authorized to be	16961
issued under Chapter 1751. of the Revised Code, or any combination	16962
of such policies, contracts, plans, or services that the	16963
contracting authority is authorized to purchase, and the	16964
contracting authority does all of the following:	16965

(1) Determines that compliance with the requirements of this	16966
section would increase, rather than decrease, the cost of the	16967
purchase;	16968

(2) Requests issuers of the policies, contracts, plans, or	16969
services to submit proposals to the contracting authority, in a	16970
form prescribed by the contracting authority, setting forth the	16971
coverage and cost of the policies, contracts, plans, or services	16972
as the contracting authority desires to purchase;	16973

(3) Negotiates with the issuers for the purpose of purchasing	16974
the policies, contracts, plans, or services at the best and lowest	16975
price reasonably possible.	16976

(G) The purchase consists of computer hardware, software, or	16977
consulting services that are necessary to implement a computerized	16978
case management automation project administered by the Ohio	16979
prosecuting attorneys association and funded by a grant from the	16980
federal government.	16981

(H) Child care services are purchased for provision to county	16982
employees.	16983

(I)(1) Property, including land, buildings, and other real	16984
property, is leased for offices, storage, parking, or other	16985
purposes, and all of the following apply:	16986

(a) The contracting authority is authorized by the Revised	16987
Code to lease the property.	16988

(b) The contracting authority develops requests for proposals	16989
for leasing the property, specifying the criteria that will be	16990
considered prior to leasing the property, including the desired	16991
size and geographic location of the property.	16992

(c) The contracting authority receives responses from	16993
prospective lessors with property meeting the criteria specified	16994
in the requests for proposals by giving notice in a manner	16995
substantially similar to the procedures established for giving	16996
notice under section 307.87 of the Revised Code.	16997

(d) The contracting authority negotiates with the prospective	16998
lessors to obtain a lease at the best and lowest price reasonably	16999
possible considering the fair market value of the property and any	17000
relocation and operational costs that may be incurred during the	17001
period the lease is in effect.	17002

(2) The contracting authority may use the services of a real	17003
estate appraiser to obtain advice, consultations, or other	17004
recommendations regarding the lease of property under this	17005
division.	17006

(J) The purchase is made pursuant to section 5139.34 or	17007
sections 5139.41 to 5139.46 of the Revised Code and is of programs	17008
or services that provide case management, treatment, or prevention	17009
services to any felony or misdemeanant delinquent, unruly youth,	17010
or status offender under the supervision of the juvenile court,	17011
including, but not limited to, community residential care, day	17012
treatment, services to children in their home, or electronic	17013
monitoring.	17014

(K) The purchase is made by a public children services agency	17015
pursuant to section 307.92 or 5153.16 of the Revised Code and	17016
consists of family services, programs, or ancillary services that	17017
provide case management, prevention, or treatment services for	17018
children at risk of being or alleged to be abused, neglected, or	17019
dependent children.	17020

(L) The purchase is to obtain the services of emergency	17021
medical service organizations under a contract made by the board	17022
of county commissioners pursuant to section 307.05 of the Revised	17023
Code with a joint emergency medical services district.	17024

(M) The county contracting authority determines that the use	17025
of competitive sealed proposals would be advantageous to the	17026
county and the contracting authority complies with section 307.862	17027
of the Revised Code.	17028

Any issuer of policies, contracts, plans, or services listed	17029
in division (F) of this section and any prospective lessor under	17030
division (I) of this section may have the issuer's or prospective	17031
lessor's name and address, or the name and address of an agent,	17032
placed on a special notification list to be kept by the	17033
contracting authority, by sending the contracting authority that	17034
name and address. The contracting authority shall send notice to	17035
all persons listed on the special notification list. Notices shall	17036
state the deadline and place for submitting proposals. The	17037
contracting authority shall mail the notices at least six weeks	17038
prior to the deadline set by the contracting authority for	17039
submitting proposals. Every five years the contracting authority	17040
may review this list and remove any person from the list after	17041
mailing the person notification of that action.	17042

Any contracting authority that negotiates a contract under	17043
division (F) of this section shall request proposals and negotiate	17044
with issuers in accordance with that division at least every three	17045
years from the date of the signing of such a contract, unless the	17046
parties agree upon terms for extensions or renewals of the	17047
contract. Such extension or renewal periods shall not exceed six	17048
years from the date the initial contract is signed.	17049

Any real estate appraiser employed pursuant to division (I)	17050
of this section shall disclose any fees or compensation received	17051
from any source in connection with that employment.	17052

Sec. 308.13. (A) The board of trustees of a regional airport	17053
authority or any officer or employee designated by such board may	17054
make any contract for the purchase of supplies or material or for	17055
labor for any work, under the supervision of the board, the cost	17056
of which shall not exceed fifteen thousand dollars. Except where	17057
the contract is for equipment, materials, or supplies available	17058
from a qualified nonprofit agency pursuant to sections 4115.31 to	17059
4115.35 of the Revised Code, when an expenditure, other than for	17060
the acquisition of real estate, the discharge of noncontractual	17061
claims, personal services, or for the product or services of	17062
public utilities, exceeds fifteen thousand dollars, such	17063
expenditure shall be made only after a notice calling for bids has	17064
been published once a week for three consecutive weeks in ~~at least~~	17065
~~one~~a newspaper of general circulation within the territorial	17066
boundaries of the regional airport authority, or as provided in	17067
section 7.16 of the Revised Code. If the bid is for a contract for	17068
the construction, demolition, alteration, repair, or	17069
reconstruction of an improvement, it shall meet the requirements	17070
of section 153.54 of the Revised Code. If the bid is for any other	17071
contract authorized by this section, it shall be accompanied by a	17072
good and approved bond with ample security conditioned on the	17073
carrying out of the contract. The board may let the contract to	17074
the lowest and best bidder. Such contract shall be in writing and	17075
shall be accompanied by or shall refer to plans and specifications	17076
for the work to be done, approved by the board. The plans and	17077
specifications shall at all times be made and considered part of	17078
the contract. Said contract shall be approved by the board and	17079
signed by its chief executive officer and by the contractor, and	17080
shall be executed in duplicate.	17081

(B) Whenever a board of trustees of a regional airport	17082
authority or any officer or employee designated by the board makes	17083
a contract for the purchase of supplies or material or for labor	17084
for any work, the cost of which is greater than one thousand	17085
dollars but no more than fifteen thousand dollars, the board or	17086
designated officer or employee shall solicit informal estimates	17087
from no fewer than three potential suppliers before awarding the	17088
contract. With regard to each such contract, the board shall	17089
maintain a record of such estimates, including the name of each	17090
person from whom an estimate is solicited, for no less than one	17091
year after the contract is awarded.	17092

Sec. 317.20. (A) When, in the opinion of the board of county	17093
commissioners, sectional indexes are needed and it so directs, in	17094
addition to the alphabetical indexes provided for in section	17095
317.18 of the Revised Code, the board may provide for making, in	17096
books prepared for that purpose, sectional indexes to the records	17097
of all real estate in the county beginning with some designated	17098
year and continuing through the period of years that the board	17099
specifies. The sectional indexes shall place under the heads of	17100
the original surveyed sections or surveys, parts of a section or	17101
survey, squares, subdivisions, permanent parcel numbers provided	17102
for under section 319.28 of the Revised Code, or lots, on the	17103
left-hand page or on the upper portion of that page of the index	17104
book, the name of the grantor, then the name of the grantee, then	17105
the number and page of the record in which the instrument is found	17106
recorded, then the character of the instrument, and then a	17107
pertinent description of the interest in property conveyed by the	17108
deed, lease, or assignment of lease and shall place under similar	17109
headings on the right-hand page or on the lower portion of that	17110
page of the index book, beginning at the bottom, all the	17111
mortgages, liens, notices provided for in sections 5301.51,	17112
5301.52, and 5301.56 of the Revised Code, or other encumbrances	17113
affecting the real estate.	17114

(B) The compensation for the services rendered under this	17115
section shall be paid from the general revenue fund of the county,	17116
and no additional levy shall be made in consequence of the	17117
services.	17118

(C) If the board of county commissioners decides to have	17119
sectional indexes made, it shall advertise for three consecutive	17120
weeks in one newspaper of general circulation in the county or as	17121
provided in section 7.16 of the Revised Code for sealed proposals	17122
to do the work provided for in this section, shall contract with	17123
the lowest and best bidder, and shall require the successful	17124
bidder to give a bond for the faithful performance of the contract	17125
in the sum that the board fixes. The work shall be done to the	17126
acceptance of the auditor of state upon allowance by the board.	17127
The board may reject any and all bids for the work, provided that	17128
no more than five cents shall be paid for each entry of each tract	17129
or lot of land.	17130

(D) When the sectional indexes are brought up and completed,	17131
the county recorder shall maintain the indexes and comply with	17132
division (E) of this section in connection with registered land.	17133

(E)(1) As used in division (E) of this section, "housing	17134
accommodations" and "restrictive covenant" have the same meanings	17135
as in section 4112.01 of the Revised Code.	17136

(2) In connection with any transfer of registered land that	17137
occurs on and after ~~the effective date of this amendment~~March30,	17138
1999, in accordance with Chapters 5309. and 5310. of the Revised	17139
Code, the county recorder shall delete from the sectional indexes	17140
maintained under this section all references to any restrictive	17141
covenant that appears to apply to the transferred registered land,	17142
if any inclusion of the restrictive covenant in a transfer,	17143
rental, or lease of housing accommodations, any honoring or	17144
exercising of the restrictive covenant, or any attempt to honor or	17145
exercise the restrictive covenant constitutes an unlawful	17146
discriminatory practice under division (H)(9) of section 4112.02	17147
of the Revised Code.	17148

Sec. 319.11. The county auditor shall, on or before ninety	17149
days after the close of the fiscal year, prepare a financial	17150
report of the county for the preceding fiscal year in such form as	17151
prescribed by the auditor of state. Upon completing the report,	17152
the county auditor shall publish notice that the report has been	17153
completed and is available for public inspection at the office of	17154
the county auditor. The notice shall be published once in ~~two~~	17155
~~newspapers~~a newspaper of general circulation ~~published~~ in the	17156
county~~, except that if only one newspaper is published in the~~	17157
~~county, then publication in only one newspaper is required, and~~	17158
if. If there ~~are~~is no ~~newspapers~~newspaper of general circulation	17159
in the county, then publication is required in the newspaper of	17160
general circulation in an adjoining county that has the largest	17161
circulation in ~~the~~that adjoining county. The report shall contain	17162
at least the information required by section 117.38 of the Revised	17163
Code, and a copy shall be filed with the auditor of state.	17164

No county auditor shall fail or neglect to prepare the report	17165
or publish notice of completion of the report as required by this	17166
section.	17167

Sec. 319.301. (A) The reductions required by division (D) of	17168
this section do not apply to any of the following:	17169

(1) Taxes levied at whatever rate is required to produce a	17170
specified amount of tax money, including a tax levied under	17171
section 5705.199 or 5705.211 of the Revised Code, or an amount to	17172
pay debt charges;	17173

(2) Taxes levied within the one per cent limitation imposed	17174
by Section 2 of Article XII, Ohio Constitution;	17175

(3) Taxes provided for by the charter of a municipal	17176
corporation.	17177

(B) As used in this section:

17178

(1) "Real property" includes real property owned by a	17179
railroad.	17180

(2) "Carryover property" means all real property on the	17181
current year's tax list except:	17182

(a) Land and improvements that were not taxed by the district	17183
in both the preceding year and the current year;	17184

(b) Land and improvements that were not in the same class in	17185
both the preceding year and the current year.	17186

(3) "Effective tax rate" means with respect to each class of	17187
property:	17188

(a) The sum of the total taxes that would have been charged	17189
and payable for current expenses against real property in that	17190
class if each of the district's taxes were reduced for the current	17191
year under division (D)(1) of this section without regard to the	17192
application of division (E)(3) of this section divided by	17193

(b) The taxable value of all real property in that class.

17194

(4) "Taxes charged and payable" means the taxes charged and	17195
payable prior to any reduction required by section 319.302 of the	17196
Revised Code.	17197

(C) The tax commissioner shall make the determinations	17198
required by this section each year, without regard to whether a	17199
taxing district has territory in a county to which section 5715.24	17200
of the Revised Code applies for that year. Separate determinations	17201
shall be made for each of the two classes established pursuant to	17202
section 5713.041 of the Revised Code.	17203

(D) With respect to each tax authorized to be levied by each	17204
taxing district, the tax commissioner, annually, shall do both of	17205
the following:	17206

(1) Determine by what percentage, if any, the sums levied by	17207
such tax against the carryover property in each class would have	17208
to be reduced for the tax to levy the same number of dollars	17209
against such property in that class in the current year as were	17210
charged against such property by such tax in the preceding year	17211
subsequent to the reduction made under this section but before the	17212
reduction made under section 319.302 of the Revised Code. In the	17213
case of a tax levied for the first time that is not a renewal of	17214
an existing tax, the commissioner shall determine by what	17215
percentage the sums that would otherwise be levied by such tax	17216
against carryover property in each class would have to be reduced	17217
to equal the amount that would have been levied if the full rate	17218
thereof had been imposed against the total taxable value of such	17219
property in the preceding tax year. A tax or portion of a tax that	17220
is designated a replacement levy under section 5705.192 of the	17221
Revised Code is not a renewal of an existing tax for purposes of	17222
this division.	17223

(2) Certify each percentage determined in division (D)(1) of	17224
this section, as adjusted under division (E) of this section, and	17225
the class of property to which that percentage applies to the	17226
auditor of each county in which the district has territory. The	17227
auditor, after complying with section 319.30 of the Revised Code,	17228
shall reduce the sum to be levied by such tax against each parcel	17229
of real property in the district by the percentage so certified	17230
for its class. Certification shall be made by the first day of	17231
September except in the case of a tax levied for the first time,	17232
in which case certification shall be made within fifteen days of	17233
the date the county auditor submits the information necessary to	17234
make the required determination.	17235

(E)(1) As used in division (E)(2) of this section, "pre-1982	17236
joint vocational taxes" means, with respect to a class of	17237
property, the difference between the following amounts:	17238

(a) The taxes charged and payable in tax year 1981 against	17239
the property in that class for the current expenses of the joint	17240
vocational school district of which the school district is a part	17241
after making all reductions under this section;	17242

(b) The following percentage of the taxable value of all real	17243
property in that class:	17244

(i) In 1987, five one-hundredths of one per cent;

17245

(ii) In 1988, one-tenth of one per cent;

17246

(iii) In 1989, fifteen one-hundredths of one per cent;

17247

(iv) In 1990 and each subsequent year, two-tenths of one per	17248
cent.	17249

If the amount in division (E)(1)(b) of this section exceeds	17250
the amount in division (E)(1)(a) of this section, the pre-1982	17251
joint vocational taxes shall be zero.	17252

As used in divisions (E)(2) and (3) of this section, "taxes	17253
charged and payable" has the same meaning as in division (B)(4) of	17254
this section and excludes any tax charged and payable in 1985 or	17255
thereafter under sections 5705.194 to 5705.197 or section	17256
5705.199, 5705.213, or 5705.219 of the Revised Code.	17257

(2) If in the case of a school district other than a joint	17258
vocational or cooperative education school district any percentage	17259
required to be used in division (D)(2) of this section for either	17260
class of property could cause the total taxes charged and payable	17261
for current expenses to be less than two per cent of the taxable	17262
value of all real property in that class that is subject to	17263
taxation by the district, the commissioner shall determine what	17264
percentages would cause the district's total taxes charged and	17265
payable for current expenses against that class, after all	17266
reductions that would otherwise be made under this section, to	17267
equal, when combined with the pre-1982 joint vocational taxes	17268
against that class, the lesser of the following:	17269

(a) The sum of the rates at which those taxes are authorized	17270
to be levied;	17271

(b) Two per cent of the taxable value of the property in that	17272
class. The auditor shall use such percentages in making the	17273
reduction required by this section for that class.	17274

(3)(a) If in the case of a joint vocational school district	17275
any percentage required to be used in division (D)(2) of this	17276
section for either class of property could cause the total taxes	17277
charged and payable for current expenses for that class to be less	17278
than the designated amount, the commissioner shall determine what	17279
percentages would cause the district's total taxes charged and	17280
payable for current expenses for that class, after all reductions	17281
that would otherwise be made under this section, to equal the	17282
designated amount. The auditor shall use such percentages in	17283
making the reductions required by this section for that class.	17284

(b) As used in division (E)(3)(a) of this section, the	17285
designated amount shall equal the taxable value of all real	17286
property in the class that is subject to taxation by the district	17287
times the lesser of the following:	17288

(i) Two-tenths of one per cent;

17289

(ii) The district's effective rate plus the following	17290
percentage for the year indicated:	17291

WHEN COMPUTING THE	ADD THE FOLLOWING	17292
TAXES CHARGED FOR	PERCENTAGE:	17293
1987	0.025%	17294
1988	0.05%	17295
1989	0.075%	17296
1990	0.1%	17297
1991	0.125%	17298
1992	0.15%	17299
1993	0.175%	17300
1994 and thereafter	0.2%	17301

(F) No reduction shall be made under this section in the rate	17302
at which any tax is levied.	17303

(G) The commissioner may order a county auditor to furnish	17304
any information the commissioner needs to make the determinations	17305
required under division (D) or (E) of this section, and the	17306
auditor shall supply the information in the form and by the date	17307
specified in the order. If the auditor fails to comply with an	17308
order issued under this division, except for good cause as	17309
determined by the commissioner, the commissioner shall withhold	17310
from such county or taxing district therein fifty per cent of	17311
state revenues to local governments pursuant to section 5747.50 of	17312
the Revised Code or shall direct the department of education to	17313
withhold therefrom fifty per cent of state revenues to school	17314
districts pursuant to ~~Chapters 3306. and~~Chapter 3317. of the	17315
Revised Code. The commissioner shall withhold the distribution of	17316
such revenues until the county auditor has complied with this	17317
division, and the department shall withhold the distribution of	17318
such revenues until the commissioner has notified the department	17319
that the county auditor has complied with this division.	17320

(H) If the commissioner is unable to certify a tax reduction	17321
factor for either class of property in a taxing district located	17322
in more than one county by the last day of November because	17323
information required under division (G) of this section is	17324
unavailable, the commissioner may compute and certify an estimated	17325
tax reduction factor for that district for that class. The	17326
estimated factor shall be based upon an estimate of the	17327
unavailable information. Upon receipt of the actual information	17328
for a taxing district that received an estimated tax reduction	17329
factor, the commissioner shall compute the actual tax reduction	17330
factor and use that factor to compute the taxes that should have	17331
been charged and payable against each parcel of property for the	17332
year for which the estimated reduction factor was used. The amount	17333
by which the estimated factor resulted in an overpayment or	17334
underpayment in taxes on any parcel shall be added to or	17335
subtracted from the amount due on that parcel in the ensuing tax	17336
year.	17337

A percentage or a tax reduction factor determined or computed	17338
by the commissioner under this section shall be used solely for	17339
the purpose of reducing the sums to be levied by the tax to which	17340
it applies for the year for which it was determined or computed.	17341
It shall not be used in making any tax computations for any	17342
ensuing tax year.	17343

(I) In making the determinations under division (D)(1) of	17344
this section, the tax commissioner shall take account of changes	17345
in the taxable value of carryover property resulting from	17346
complaints filed under section 5715.19 of the Revised Code for	17347
determinations made for the tax year in which such changes are	17348
reported to the commissioner. Such changes shall be reported to	17349
the commissioner on the first abstract of real property filed with	17350
the commissioner under section 5715.23 of the Revised Code	17351
following the date on which the complaint is finally determined by	17352
the board of revision or by a court or other authority with	17353
jurisdiction on appeal. The tax commissioner shall account for	17354
such changes in making the determinations only for the tax year in	17355
which the change in valuation is reported. Such a valuation change	17356
shall not be used to recompute the percentages determined under	17357
division (D)(1) of this section for any prior tax year.	17358

Sec. 319.54. (A) On all moneys collected by the county	17359
treasurer on any tax duplicate of the county, other than estate	17360
tax duplicates, and on all moneys received as advance payments of	17361
personal property and classified property taxes, the county	17362
auditor, on settlement with the treasurer and tax commissioner, on	17363
or before the date prescribed by law for such settlement or any	17364
lawful extension of such date, shall be allowed as compensation	17365
for the county auditor's services the following percentages:	17366

(1) On the first one hundred thousand dollars, two and	17367
one-half per cent;	17368

(2) On the next two million dollars, eight thousand three	17369
hundred eighteen ten-thousandths of one per cent;	17370

(3) On the next two million dollars, six thousand six hundred	17371
fifty-five ten-thousandths of one per cent;	17372

(4) On all further sums, one thousand six hundred sixty-three	17373
ten-thousandths of one per cent.	17374

If any settlement is not made on or before the date	17375
prescribed by law for such settlement or any lawful extension of	17376
such date, the aggregate compensation allowed to the auditor shall	17377
be reduced one per cent for each day such settlement is delayed	17378
after the prescribed date. No penalty shall apply if the auditor	17379
and treasurer grant all requests for advances up to ninety per	17380
cent of the settlement pursuant to section 321.34 of the Revised	17381
Code. The compensation allowed in accordance with this section on	17382
settlements made before the dates prescribed by law, or the	17383
reduced compensation allowed in accordance with this section on	17384
settlements made after the date prescribed by law or any lawful	17385
extension of such date, shall be apportioned ratably by the	17386
auditor and deducted from the shares or portions of the revenue	17387
payable to the state as well as to the county, townships,	17388
municipal corporations, and school districts.	17389

(B) For the purpose of reimbursing county auditors for the	17390
expenses associated with the increased number of applications for	17391
reductions in real property taxes under sections 323.152 and	17392
4503.065 of the Revised Code that result from the amendment of	17393
those sections by Am. Sub. H.B. 119 of the 127th general assembly,	17394
there shall be paid from the state's general revenue fund to the	17395
county treasury, to the credit of the real estate assessment fund	17396
created by section 325.31 of the Revised Code, an amount equal to	17397
one per cent of the total annual amount of property tax relief	17398
reimbursement paid to that county under sections 323.156 and	17399
4503.068 of the Revised Code for the preceding tax year. Payments	17400
made under this division shall be made at the same times and in	17401
the same manner as payments made under section 323.156 of the	17402
Revised Code.	17403

(C) From all moneys collected by the county treasurer on any	17404
tax duplicate of the county, other than estate tax duplicates, and	17405
on all moneys received as advance payments of personal property	17406
and classified property taxes, there shall be paid into the county	17407
treasury to the credit of the real estate assessment fund created	17408
by section 325.31 of the Revised Code, an amount to be determined	17409
by the county auditor, which shall not exceed the percentages	17410
prescribed in divisions (C)(1) and (2) of this section.	17411

(1) For payments made after June 30, 2007, and before 2011,	17412
the following percentages:	17413

(a) On the first five hundred thousand dollars, four per	17414
cent;	17415

(b) On the next five million dollars, two per cent;

17416

17417

(d) On all further sums not exceeding one hundred fifty	17418
million dollars, three-quarters of one per cent;	17419

(e) On amounts exceeding one hundred fifty million dollars,	17420
five hundred eighty-five thousandths of one per cent.	17421

(2) For payments made in or after 2011, the following	17422
percentages:	17423

(a) On the first five hundred thousand dollars, four per	17424
cent;	17425

(b) On the next ten million dollars, two per cent;

17426

(c) On amounts exceeding ten million five hundred thousand	17427
dollars, three-fourths of one per cent.	17428

Such compensation shall be apportioned ratably by the auditor	17429
and deducted from the shares or portions of the revenue payable to	17430
the state as well as to the county, townships, municipal	17431
corporations, and school districts.	17432

(D) Each county auditor shall receive four per cent of the	17433
amount of tax collected and paid into the county treasury, on	17434
property omitted and placed by the county auditor on the tax	17435
duplicate.	17436

(E) On all estate tax moneys collected by the county	17437
treasurer, the county auditor, on settlement semiannually with the	17438
tax commissioner, shall be allowed, as compensation for the	17439
auditor's services under Chapter 5731. of the Revised Code, the	17440
following percentages:	17441

(1) Four per cent on the first one hundred thousand dollars;

17442

(2) One-half of one per cent on all additional sums.

17443

Such percentages shall be computed upon the amount collected	17444
and reported at each semiannual settlement, and shall be for the	17445
use of the general fund of the county.	17446

(F) On all cigarette license moneys collected by the county	17447
treasurer, the county auditor, on settlement semiannually with the	17448
treasurer, shall be allowed as compensation for the auditor's	17449
services in the issuing of such licenses one-half of one per cent	17450
of such moneys, to be apportioned ratably and deducted from the	17451
shares of the revenue payable to the county and subdivisions, for	17452
the use of the general fund of the county.	17453

(G) The county auditor shall charge and receive fees as	17454
follows:	17455

(1) For deeds of land sold for taxes to be paid by the	17456
purchaser, five dollars;	17457

(2) For the transfer or entry of land, lot, or part of lot,	17458
or the transfer or entry on or after January 1, 2000, of a used	17459
manufactured home or mobile home as defined in section 5739.0210	17460
of the Revised Code, fifty cents for each transfer or entry, to be	17461
paid by the person requiring it;	17462

(3) For receiving statements of value and administering	17463
section 319.202 of the Revised Code, one dollar, or ten cents for	17464
each one hundred dollars or fraction of one hundred dollars,	17465
whichever is greater, of the value of the real property	17466
transferred or, for sales occurring on or after January 1, 2000,	17467
the value of the used manufactured home or used mobile home, as	17468
defined in section 5739.0210 of the Revised Code, transferred,	17469
except no fee shall be charged when the transfer is made:	17470

(a) To or from the United States, this state, or any	17471
instrumentality, agency, or political subdivision of the United	17472
States or this state;	17473

(b) Solely in order to provide or release security for a debt	17474
or obligation;	17475

(c) To confirm or correct a deed previously executed and	17476
recorded or when a current owner on any record made available to	17477
the general public on the internet or a publicly accessible	17478
database and the general tax list of real and public utility	17479
property and the general duplicate of real and public utility	17480
property is a peace officer, parole officer, prosecuting attorney,	17481
assistant prosecuting attorney, correctional employee, youth	17482
services employee, firefighter, EMT, or investigator of the bureau	17483
of criminal identification and investigation and is changing the	17484
current owner name listed on any record made available to the	17485
general public on the internet or a publicly accessible database	17486
and the general tax list of real and public utility property and	17487
the general duplicate of real and public utility property to the	17488
initials of the current owner as prescribed in division (B)(1) of	17489
section 319.28 of the Revised Code;	17490

(d) To evidence a gift, in trust or otherwise and whether	17491
revocable or irrevocable, between husband and wife, or parent and	17492
child or the spouse of either;	17493

(e) On sale for delinquent taxes or assessments;

17494

(f) Pursuant to court order, to the extent that such transfer	17495
is not the result of a sale effected or completed pursuant to such	17496
order;	17497

(g) Pursuant to a reorganization of corporations or	17498
unincorporated associations or pursuant to the dissolution of a	17499
corporation, to the extent that the corporation conveys the	17500
property to a stockholder as a distribution in kind of the	17501
corporation's assets in exchange for the stockholder's shares in	17502
the dissolved corporation;	17503

(h) By a subsidiary corporation to its parent corporation for	17504
no consideration, nominal consideration, or in sole consideration	17505
of the cancellation or surrender of the subsidiary's stock;	17506

(i) By lease, whether or not it extends to mineral or mineral	17507
rights, unless the lease is for a term of years renewable forever;	17508

(j) When the value of the real property or the manufactured	17509
or mobile home or the value of the interest that is conveyed does	17510
not exceed one hundred dollars;	17511

(k) Of an occupied residential property, including a	17512
manufactured or mobile home, being transferred to the builder of a	17513
new residence or to the dealer of a new manufactured or mobile	17514
home when the former residence is traded as part of the	17515
consideration for the new residence or new manufactured or mobile	17516
home;	17517

(l) To a grantee other than a dealer in real property or in	17518
manufactured or mobile homes, solely for the purpose of, and as a	17519
step in, the prompt sale of the real property or manufactured or	17520
mobile home to others;	17521

(m) To or from a person when no money or other valuable and	17522
tangible consideration readily convertible into money is paid or	17523
to be paid for the real estate or manufactured or mobile home and	17524
the transaction is not a gift;	17525

(n) Pursuant to division (B) of section 317.22 of the Revised	17526
Code, or section 2113.61 of the Revised Code, between spouses or	17527
to a surviving spouse pursuant to section 5302.17 of the Revised	17528
Code as it existed prior to April 4, 1985, between persons	17529
pursuant to section 5302.17 or 5302.18 of the Revised Code on or	17530
after April 4, 1985, to a person who is a surviving, survivorship	17531
tenant pursuant to section 5302.17 of the Revised Code on or after	17532
April 4, 1985, or pursuant to section 5309.45 of the Revised Code;	17533

(o) To a trustee acting on behalf of minor children of the	17534
deceased;	17535

(p) Of an easement or right-of-way when the value of the	17536
interest conveyed does not exceed one thousand dollars;	17537

(q) Of property sold to a surviving spouse pursuant to	17538
section 2106.16 of the Revised Code;	17539

(r) To or from an organization exempt from federal income	17540
taxation under section 501(c)(3) of the "Internal Revenue Code of	17541
1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, provided such	17542
transfer is without consideration and is in furtherance of the	17543
charitable or public purposes of such organization;	17544

(s) Among the heirs at law or devisees, including a surviving	17545
spouse, of a common decedent, when no consideration in money is	17546
paid or to be paid for the real property or manufactured or mobile	17547
home;	17548

(t) To a trustee of a trust, when the grantor of the trust	17549
has reserved an unlimited power to revoke the trust;	17550

(u) To the grantor of a trust by a trustee of the trust, when	17551
the transfer is made to the grantor pursuant to the exercise of	17552
the grantor's power to revoke the trust or to withdraw trust	17553
assets;	17554

(v) To the beneficiaries of a trust if the fee was paid on	17555
the transfer from the grantor of the trust to the trustee or if	17556
the transfer is made pursuant to trust provisions which became	17557
irrevocable at the death of the grantor;	17558

(w) To a corporation for incorporation into a sports facility	17559
constructed pursuant to section 307.696 of the Revised Code;	17560

(x) Between persons pursuant to section 5302.18 of the	17561
Revised Code;	17562

(y) From a county land reutilization corporation organized	17563
under Chapter 1724. of the Revised Code to a third party.	17564

(4) For the cost of publishing the delinquent manufactured	17565
home tax list, the delinquent tax list, and the delinquent vacant	17566
land tax list, a flat fee, as determined by the county auditor, to	17567
be charged to the owner of a home on the delinquent manufactured	17568
home tax list or the property owner of land on the delinquent tax	17569
list or the delinquent vacant land tax list.	17570

The auditor shall compute and collect the fee. The auditor	17571
shall maintain a numbered receipt system, as prescribed by the tax	17572
commissioner, and use such receipt system to provide a receipt to	17573
each person paying a fee. The auditor shall deposit the receipts	17574
of the fees on conveyances in the county treasury daily to the	17575
credit of the general fund of the county, except that fees charged	17576
and received under division (G)(3) of this section for a transfer	17577
of real property to a county land reutilization corporation shall	17578
be credited to the county land reutilization corporation fund	17579
established under section 321.263 of the Revised Code.	17580

The real property transfer fee provided for in division	17581
(G)(3) of this section shall be applicable to any conveyance of	17582
real property presented to the auditor on or after January 1,	17583
1968, regardless of its time of execution or delivery.	17584

The transfer fee for a used manufactured home or used mobile	17585
home shall be computed by and paid to the county auditor of the	17586
county in which the home is located immediately prior to the	17587
transfer.	17588

Sec. 321.18. As soon as sufficient funds are in the county	17589
treasury to redeem the warrants drawn on the treasury, and on	17590
which interest is accruing, the county treasurer shall give notice	17591
in a newspaper ~~published in and circulating~~of general circulation	17592
in ~~his~~the county that hethe treasurer is ready to redeem such	17593
warrants, and from the date of the notice the interest on such	17594
warrants shall cease.	17595

Sec. 322.02. (A) For the purpose of paying the costs of	17596
enforcing and administering the tax and providing additional	17597
general revenue for the county, any county may levy and collect a	17598
tax to be known as the real property transfer tax on each deed	17599
conveying real property or any interest in real property located	17600
wholly or partially within the boundaries of the county at a rate	17601
not to exceed thirty cents per hundred dollars for each one	17602
hundred dollars or fraction thereof of the value of the real	17603
property or interest in real property located within the	17604
boundaries of the county granted, assigned, transferred, or	17605
otherwise conveyed by the deed. The tax shall be levied pursuant	17606
to a resolution adopted by the board of county commissioners of	17607
the county and, except as provided in division (A) of section	17608
322.07 of the Revised Code, shall be levied at a uniform rate upon	17609
all deeds as defined in division (D) of section 322.01 of the	17610
Revised Code. Prior to the adoption of any such resolution, the	17611
board of county commissioners shall conduct two public hearings	17612
thereon, the second hearing to be not less than three nor more	17613
than ten days after the first. Notice of the date, time, and place	17614
of the hearings shall be given by publication in a newspaper of	17615
general circulation in the county once a week on the same day of	17616
the week for two consecutive weeks~~, the~~or as provided in section	17617
7.16 of the Revised Code. The second publication ~~being~~shall be	17618
not less than ten nor more than thirty days prior to the first	17619
hearing. The tax shall be levied upon the grantor named in the	17620
deed and shall be paid by the grantor for the use of the county to	17621
the county auditor at the time of the delivery of the deed as	17622
provided in section 319.202 of the Revised Code and prior to the	17623
presentation of the deed to the recorder of the county for	17624
recording.	17625

(B) No resolution levying a real property transfer tax	17626
pursuant to this section or a manufactured home transfer tax	17627
pursuant to section 322.06 of the Revised Code shall be effective	17628
sooner than thirty days following its adoption. Such a resolution	17629
is subject to a referendum as provided in sections 305.31 to	17630
305.41 of the Revised Code, unless the resolution is adopted as an	17631
emergency measure necessary for the immediate preservation of the	17632
public peace, health, or safety, in which case it shall go into	17633
immediate effect. An emergency measure must receive an affirmative	17634
vote of all of the members of the board of commissioners, and	17635
shall state the reasons for the necessity. A resolution may direct	17636
the board of elections to submit the question of levying the tax	17637
to the electors of the county at the next primary or general	17638
election in the county occurring not less than ninety days after	17639
the resolution is certified to the board. No such resolution shall	17640
go into effect unless approved by a majority of those voting upon	17641
it.	17642

Sec. 322.021. The question of a repeal of a county	17643
permissive tax adopted as an emergency measure pursuant to	17644
division (B) of section 322.02 of the Revised Code may be	17645
initiated by filing with the board of elections of the county not	17646
less than ninety days before the general election in any year a	17647
petition requesting that an election be held on such question.	17648
Such petition shall be signed by qualified electors residing in	17649
the county equal in number to ten per cent of those voting for	17650
governor at the most recent gubernatorial election.	17651

After determination by it that such petition is valid, the	17652
board of elections shall submit the question to the electors of	17653
the county at the next general election. The election shall be	17654
conducted, canvassed, and certified in the same manner as regular	17655
elections for county offices in the county. Notice of the election	17656
shall be published in a newspaper of general circulation in the	17657
district once a week for two consecutive weeks prior to the	17658
election ~~and, if~~or as provided in section 7.16 of the Revised	17659
Code. If the board of elections operates and maintains a web site,	17660
notice of the election also shall be posted on that web site for	17661
thirty days prior to the election. The notice shall state the	17662
purpose, time, and place of the election. The form of the ballot	17663
cast at such election shall be prescribed by the secretary of	17664
state. The question covered by such petition shall be submitted as	17665
a separate proposition, but it may be printed on the same ballot	17666
with any other proposition submitted at the same election other	17667
than the election of officers. If a majority of the qualified	17668
electors voting on the question of repeal approve the repeal, the	17669
result of the election shall be certified immediately after the	17670
canvass by the board of elections to the board of county	17671
commissioners, who shall thereupon, after the current year, cease	17672
to levy the tax.	17673

Sec. 323.08. After certifying the tax list and duplicate	17674
pursuant to section 319.28 of the Revised Code, the county auditor	17675
shall deliver a list of the tax rates, tax reduction factors, and	17676
effective tax rates assessed and applied against each of the two	17677
classes of property of the county to the county treasurer, who	17678
shall immediately cause a schedule of such tax rates and effective	17679
rates to be published in a newspaper of ~~the type described in~~	17680
~~section 5721.01 of the Revised Code having~~ general circulation in	17681
the county or, in lieu of such publication, the county treasurer	17682
may insert a copy of such schedule with each tax bill mailed. Such	17683
schedule shall specify particularly the rates and effective rates	17684
of taxation levied for all purposes on the tax list and duplicate	17685
for the support of the various taxing units within the county,	17686
expressed in dollars and cents for each one thousand dollars of	17687
valuation. The effective tax rates shall be printed in boldface	17688
type.	17689

The county treasurer shall publish notice of the date of the	17690
last date for payment of each installment of taxes once a week for	17691
two successive weeks prior to such date in ~~two newspapers~~a	17692
newspaper of general circulation within the county or as provided	17693
in section 7.16 of the Revised Code. ~~If only one such newspaper~~	17694
~~exists, the notice shall be published in it.~~ The notice shall be	17695
inserted in a conspicuous place in ~~each~~the newspaper and shall	17696
also contain notice that any taxes paid after such date will	17697
accrue a penalty and interest and that failure to receive a tax	17698
bill will not avoid such penalty and interest. The notice shall	17699
contain a telephone number that may be called by taxpayers who	17700
have not received tax bills.	17701

As used in this section and section 323.131 of the Revised	17702
Code, "effective tax rate" means the effective rate after making	17703
the reduction required by section 319.301, but before making the	17704
reduction required by section 319.302 of the Revised Code.	17705

Sec. 323.73. (A) Except as provided in division (G) of this	17706
section or section 323.78 of the Revised Code, a parcel of	17707
abandoned land that is to be disposed of under this section shall	17708
be disposed of at a public auction scheduled and conducted as	17709
described in this section. At least twenty-one days prior to the	17710
date of the public auction, the clerk of court or sheriff of the	17711
county shall advertise the public auction in a newspaper of	17712
general circulation that meets the requirements of section 7.12 of	17713
the Revised Code in the county in which the land is located. The	17714
advertisement shall include the date, time, and place of the	17715
auction, the permanent parcel number of the land if a permanent	17716
parcel number system is in effect in the county as provided in	17717
section 319.28 of the Revised Code or, if a permanent parcel	17718
number system is not in effect, any other means of identifying the	17719
parcel, and a notice stating that the abandoned land is to be sold	17720
subject to the terms of sections 323.65 to 323.79 of the Revised	17721
Code.	17722

(B) The sheriff of the county or a designee of the sheriff	17723
shall conduct the public auction at which the abandoned land will	17724
be offered for sale. To qualify as a bidder, a person shall file	17725
with the sheriff on a form provided by the sheriff a written	17726
acknowledgment that the abandoned land being offered for sale is	17727
to be conveyed in fee simple to the successful bidder. At the	17728
auction, the sheriff of the county or a designee of the sheriff	17729
shall begin the bidding at an amount equal to the total of the	17730
impositions against the abandoned land, plus the costs apportioned	17731
to the land under section 323.75 of the Revised Code. The	17732
abandoned land shall be sold to the highest bidder. The county	17733
sheriff or designee may reject any and all bids not meeting the	17734
minimum bid requirements specified in this division.	17735

(C) Except as otherwise permitted under section 323.74 of the	17736
Revised Code, the successful bidder at a public auction conducted	17737
under this section shall pay the sheriff of the county or a	17738
designee of the sheriff a deposit of at least ten per cent of the	17739
purchase price in cash, or by bank draft or official bank check,	17740
at the time of the public auction, and shall pay the balance of	17741
the purchase price within thirty days after the day on which the	17742
auction was held. Notwithstanding section 321.261 of the Revised	17743
Code, with respect to any proceedings initiated pursuant to	17744
sections 323.65 to 323.79 of the Revised Code, from the total	17745
proceeds arising from the sale, transfer, or redemption of	17746
abandoned land, twenty per cent of such proceeds shall be	17747
deposited to the credit of the delinquent tax and assessment	17748
collection fund to reimburse the fund for costs paid from the fund	17749
for the transfer, redemption, or sale of abandoned land at public	17750
auction. Not more than one-half of the twenty per cent may be used	17751
by the treasurer for community development, nuisance abatement,	17752
foreclosure prevention, demolition, and related services or	17753
distributed by the treasurer to a land reutilization corporation.	17754
The balance of the proceeds, if any, shall be distributed to the	17755
appropriate political subdivisions and other taxing units in	17756
proportion to their respective claims for taxes, assessments,	17757
interest, and penalties on the land. Upon the sale of foreclosed	17758
lands, the clerk of court shall hold any surplus proceeds in	17759
excess of the impositions until the clerk receives an order of	17760
priority and amount of distribution of the surplus that are	17761
adjudicated by a court of competent jurisdiction or receives a	17762
certified copy of an agreement between the parties entitled to a	17763
share of the surplus providing for the priority and distribution	17764
of the surplus. Any party to the action claiming a right to	17765
distribution of surplus shall have a separate cause of action in	17766
the county or municipal court of the jurisdiction in which the	17767
land reposes, provided the board confirms the transfer or	17768
regularity of the sale. Any dispute over the distribution of the	17769
surplus shall not affect or revive the equity of redemption after	17770
the board confirms the transfer or sale.	17771

(D) Upon the sale or transfer of abandoned land pursuant to	17772
this section, the owner's fee simple interest in the land shall be	17773
conveyed to the purchaser. A conveyance under this division is	17774
free and clear of any liens and encumbrances of the parties named	17775
in the complaint for foreclosure attaching before the sale or	17776
transfer, and free and clear of any liens for taxes, except for	17777
federal tax liens and covenants and easements of record attaching	17778
before the sale.	17779

(E) The county board of revision shall reject the sale of	17780
abandoned land to any person if it is shown by a preponderance of	17781
the evidence that the person is delinquent in the payment of taxes	17782
levied by or pursuant to Chapter 307., 322., 324., 5737., 5739.,	17783
5741., or 5743. of the Revised Code or any real property taxing	17784
provision of the Revised Code. The board also shall reject the	17785
sale of abandoned land to any person if it is shown by a	17786
preponderance of the evidence that the person is delinquent in the	17787
payment of property taxes on any parcel in the county, or to a	17788
member of any of the following classes of parties connected to	17789
that person:	17790

(1) A member of that person's immediate family;

17791

(2) Any other person with a power of attorney appointed by	17792
that person;	17793

(3) A sole proprietorship owned by that person or a member of	17794
that person's immediate family;	17795

(4) A partnership, trust, business trust, corporation,	17796
association, or other entity in which that person or a member of	17797
that person's immediate family owns or controls directly or	17798
indirectly any beneficial or legal interest.	17799

(F) If the purchase of abandoned land sold pursuant to this	17800
section or section 323.74 of the Revised Code is for less than the	17801
sum of the impositions against the abandoned land and the costs	17802
apportioned to the land under division (A) of section 323.75 of	17803
the Revised Code, then, upon the sale or transfer, all liens for	17804
taxes due at the time the deed of the property is conveyed to the	17805
purchaser following the sale or transfer, and liens subordinate to	17806
liens for taxes, shall be deemed satisfied and discharged.	17807

(G) If the county board of revision finds that the total of	17808
the impositions against the abandoned land are greater than the	17809
fair market value of the abandoned land as determined by the	17810
auditor's then-current valuation of that land, the board, at any	17811
final hearing under section 323.70 of the Revised Code, may order	17812
the property foreclosed and, without an appraisal or public	17813
auction, order the sheriff to execute a deed to the certificate	17814
holder or county land reutilization corporation that filed a	17815
complaint under section 323.69 of the Revised Code, or to a	17816
community development organization, school district, municipal	17817
corporation, county, or township, whichever is applicable, as	17818
provided in section 323.74 of the Revised Code. Upon a transfer	17819
under this division, all liens for taxes due at the time the deed	17820
of the property is transferred to the certificate holder,	17821
community development organization, school district, municipal	17822
corporation, county, or township following the conveyance, and	17823
liens subordinate to liens for taxes, shall be deemed satisfied	17824
and discharged.	17825

Sec. 323.78. Notwithstanding anything in Chapters 323.,	17826
5721., and 5723. of the Revised Code, if the county treasurer of a	17827
county in which a county land reutilization operates, in any	17828
petition for foreclosure of abandoned lands, or for foreclosure as	17829
a result of unpaid community development charges as described in	17830
section 349.17 of the Revised Code, elects to invoke the	17831
alternative redemption period, then upon any adjudication of	17832
foreclosure by any court or the board of revision in any	17833
proceeding under section 323.25, sections 323.65 to 323.79, or	17834
section 5721.18 of the Revised Code, the following apply:	17835

(A) Unless otherwise ordered by a motion of the court or	17836
board of revision, the petition shall assert, and any notice of	17837
final hearing shall include, that upon foreclosure of the parcel,	17838
the equity of redemption in any parcel by its owner shall be	17839
forever terminated after the expiration of the alternative	17840
redemption period, that the parcel thereafter may be sold at	17841
sheriff's sale either by itself or together with other parcels as	17842
permitted by law; or that the parcel may, by order of the court or	17843
board of revision, be transferred directly to a municipal	17844
corporation, township, county, new community authority, school	17845
district, or county land reutilization corporation without	17846
appraisal and without a sale, free and clear of all impositions	17847
and any other liens on the property, which shall be deemed forever	17848
satisfied and discharged.	17849

(B) After the expiration of the alternative redemption period	17850
following an adjudication of foreclosure, by order of the court or	17851
board of revision, any equity of redemption is forever	17852
extinguished, and the parcel may be transferred individually or in	17853
lots with other tax-foreclosed properties to a municipal	17854
corporation, township, county, new community authority, school	17855
district, or county land reutilization corporation without	17856
appraisal and without a sale, upon which all impositions and any	17857
other liens subordinate to liens for impositions due at the time	17858
the deed to the property is conveyed to a purchaser or transferred	17859
to a community development organization, county land reutilization	17860
corporation, municipal corporation, county, new community	17861
authority, township, or school district, shall be deemed satisfied	17862
and discharged. Other than the order of the court or board of	17863
revision so ordering the transfer of the parcel, no further act of	17864
confirmation or other order shall be required for such a transfer,	17865
or for the extinguishment of any right of redemption.	17866

(C) Upon the expiration of the alternative redemption period	17867
in cases to which the alternative redemption period has been	17868
ordered, if no community development organization, county land	17869
reutilization corporation, municipal corporation, county, new	17870
community authority, township, or school district has requested	17871
title to the parcel, the court or board of revision may order the	17872
property sold as otherwise provided in Chapters 323. and 5721. of	17873
the Revised Code, and, failing any bid at any such sale, the	17874
parcel shall be forfeited to the state and otherwise disposed of	17875
pursuant to Chapter 5723. of the Revised Code.	17876

Sec. 324.02. For the purpose of providing additional general	17877
revenues for the county and paying the expense of administering	17878
such levy, any county may levy a county excise tax to be known as	17879
the utilities service tax on the charge for every utility service	17880
to customers within the county at a rate not to exceed two per	17881
cent of such charge. On utility service to customers engaged in	17882
business, the tax shall be imposed at a rate of one hundred fifty	17883
per cent of the rate imposed upon all other consumers within the	17884
county. The tax shall be levied pursuant to a resolution adopted	17885
by the board of county commissioners of the county and shall be	17886
levied at uniform rates required by this section upon all charges	17887
for utility service except as provided in section 324.03 of the	17888
Revised Code. The tax shall be levied upon the customer and shall	17889
be paid by the customer to the utility supplying the service at	17890
the time the customer pays the utility for the service. If the	17891
charge for utility service is billed to a person other than the	17892
customer at the request of such person, the tax commissioner of	17893
the state may, in accordance with section 324.04 of the Revised	17894
Code, provide for the levy of the tax against and the payment of	17895
the tax by such other person. Each utility furnishing a utility	17896
service the charge for which is subject to the tax shall set forth	17897
the tax as a separate item on each bill or statement rendered to	17898
the customer.	17899

Prior to the adoption of any resolution levying a utilities	17900
service tax the board of county commissioners shall conduct two	17901
public hearings thereon, the second hearing to be not less than	17902
three nor more than ten days after the first. Notice of the date,	17903
time, and place of such hearings shall be given by publication in	17904
a newspaper of general circulation in the county once a week on	17905
the same day of the week for two consecutive weeks~~, the~~or as	17906
provided in section 7.16 of the Revised Code. The second	17907
publication ~~being~~shall be not less than ten nor more than thirty	17908
days prior to the first hearing. No resolution levying a utilities	17909
service tax pursuant to this section of the Revised Code shall be	17910
effective sooner than thirty days following its adoption and such	17911
resolution is subject to a referendum as provided in sections	17912
305.31 to 305.41 of the Revised Code, unless such resolution is	17913
adopted as an emergency measure necessary for the immediate	17914
preservation of the public peace, health, or safety, in which case	17915
it shall go into immediate effect. Such emergency measure must	17916
receive an affirmative vote of all of the members of the board of	17917
commissioners, and shall state the reasons for such necessity. A	17918
resolution may direct the board of elections to submit the	17919
question of levying the tax to the electors of the county at the	17920
next primary or general election in the county occurring not less	17921
than ninety days after such resolution is certified to the board.	17922
No such resolution shall go into effect unless approved by a	17923
majority of those voting upon it. The tax levied by such	17924
resolution shall apply to all bills rendered subsequent to the	17925
sixtieth day after the effective date of the resolution. No bills	17926
shall be rendered out of the ordinary course of business to avoid	17927
payment of the tax.	17928

Sec. 324.021. The question of repeal of a county permissive	17929
tax adopted as an emergency measure pursuant to section 324.02 of	17930
the Revised Code may be initiated by filing with the board of	17931
elections of the county not less than ninety days before the	17932
general election in any year a petition requesting that an	17933
election be held on such question. Such petition shall be signed	17934
by qualified electors residing in the county equal in number to	17935
ten per cent of those voting for governor at the most recent	17936
gubernatorial election.	17937

After determination by it that such petition is valid, the	17938
board of elections shall submit the question to the electors of	17939
the county at the next general election. The election shall be	17940
conducted, canvassed, and certified in the same manner as regular	17941
elections for county offices in the county. Notice of the election	17942
shall be published in a newspaper of general circulation in the	17943
district once a week for two consecutive weeks prior to the	17944
election ~~and, if~~or as provided in section 7.16 of the Revised	17945
Code. If the board of elections operates and maintains a web site,	17946
notice of the election also shall be posted on that web site for	17947
thirty days prior to the election. The notice shall state the	17948
purpose, time, and place of the election. The form of the ballot	17949
cast at such election shall be prescribed by the secretary of	17950
state. The question covered by such petition shall be submitted as	17951
a separate proposition, but it may be printed on the same ballot	17952
with any other proposition submitted at the same election other	17953
than the election of officers. If a majority of the qualified	17954
electors voting on the question of repeal approve the repeal, the	17955
result of the election shall be certified immediately after the	17956
canvass by the board of elections to the board of county	17957
commissioners, who shall thereupon, after the current year, cease	17958
to levy the tax.	17959

Sec. 340.02. As used in this section, "mental health	17960
professional" means a person who is qualified to work with	17961
mentally ill persons, pursuant to standards established by the	17962
director of mental health under section 5119.611 of the Revised	17963
Code.	17964

For each alcohol, drug addiction, and mental health service	17965
district, there shall be appointed a board of alcohol, drug	17966
addiction, and mental health services of eighteen members. Nine	17967
members shall be interested in mental health programs and	17968
facilities and nine other members shall be interested in alcohol	17969
or drug addiction programs. All members shall be residents of the	17970
service district. The membership shall, as nearly as possible,	17971
reflect the composition of the population of the service district	17972
as to race and sex.	17973

The director of mental health shall appoint four members of	17974
the board, the director of alcohol and drug addiction services	17975
shall appoint four members, and the board of county commissioners	17976
shall appoint ten members. In a joint-county district, the county	17977
commissioners of each participating county shall appoint members	17978
in as nearly as possible the same proportion as that county's	17979
population bears to the total population of the district, except	17980
that at least one member shall be appointed from each	17981
participating county.	17982

The director of mental health shall ensure that at least one	17983
member of the board is a psychiatrist and one member of the board	17984
is a mental health professional. If the appointment of a	17985
psychiatrist is not possible, as determined under rules adopted by	17986
the director, a licensed physician may be appointed in place of	17987
the psychiatrist. If the appointment of a licensed physician is	17988
not possible, the director of mental health may waive the	17989
requirement that the psychiatrist or licensed physician be a	17990
resident of the service district and appoint a psychiatrist or	17991
licensed physician from a contiguous county. The director of	17992
mental health shall ensure that at least one member of the board	17993
is a person who has received or is receiving mental health	17994
services paid for by public funds and at least one member is a	17995
parent or other relative of such a person.	17996

The director of alcohol and drug addiction services shall	17997
ensure that at least one member of the board is a professional in	17998
the field of alcohol or drug addiction services and one member of	17999
the board is an advocate for persons receiving treatment for	18000
alcohol or drug addiction. Of the members appointed by the	18001
director of alcohol and drug addiction services, at least one	18002
shall be a person who has received or is receiving services for	18003
alcohol or drug addiction, and at least one shall be a parent or	18004
other relative of such a person.	18005

~~No member or employee of a board of alcohol, drug addiction,~~	18006
~~and mental health services shall serve as a member of the board of~~	18007
~~any agency with which the board of alcohol, drug addiction, and~~	18008
~~mental health services has entered into a contract for the~~	18009
~~provision of services or facilities. No member of a board of~~	18010
~~alcohol, drug addiction, and mental health services shall be an~~	18011
~~employee of any agency with which the board has entered into a~~	18012
~~contract for the provision of services or facilities. No person~~	18013
~~shall be an employee of a board and such an agency unless the~~	18014
~~board and agency both agree in writing.~~	18015

~~No person shall serve as a member of the board of alcohol,~~	18016
~~drug addiction, and mental health services whose spouse, child,~~	18017
~~parent, brother, sister, grandchild, stepparent, stepchild,~~	18018
~~stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,~~	18019
~~daughter-in-law, brother-in-law, or sister-in-law serves as a~~	18020
~~member of the board of any agency with which the board of alcohol,~~	18021
~~drug addiction, and mental health services has entered into a~~	18022
~~contract for the provision of services or facilities.~~ No person	18023
shall serve as a member or employee of the board whose spouse,	18024
child, parent, brother, sister, stepparent, stepchild,	18025
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,	18026
daughter-in-law, brother-in-law, or sister-in-law serves as a	18027
county commissioner of a county or counties in the alcohol, drug	18028
addiction, and mental health service district.	18029

Each year each board member shall attend at least one	18030
inservice training session provided or approved by the department	18031
of mental health or the department of alcohol and drug addiction	18032
services. Such training sessions shall not be considered to be	18033
regularly scheduled meetings of the board.	18034

Each member shall be appointed for a term of four years,	18035
commencing the first day of July, except that one-third of initial	18036
appointments to a newly established board, and to the extent	18037
possible to expanded boards, shall be for terms of two years,	18038
one-third of initial appointments shall be for terms of three	18039
years, and one-third of initial appointments shall be for terms of	18040
four years. No member shall serve more than two consecutive	18041
four-year terms. A member may serve for three consecutive terms	18042
only if one of the terms is for less than two years. A member who	18043
has served two consecutive four-year terms or three consecutive	18044
terms totaling less than ten years is eligible for reappointment	18045
one year following the end of the second or third term,	18046
respectively.	18047

When a vacancy occurs, appointment for the expired or	18048
unexpired term shall be made in the same manner as an original	18049
appointment. The appointing authority shall be notified by	18050
certified mail of any vacancy and shall fill the vacancy within	18051
sixty days following that notice.	18052

Any member of the board may be removed from office by the	18053
appointing authority for neglect of duty, misconduct, or	18054
malfeasance in office, and shall be removed by the appointing	18055
authority if the member's spouse, child, parent, brother, sister,	18056
stepparent, stepchild, stepbrother, stepsister, father-in-law,	18057
mother-in-law, son-in-law, daughter-in-law, brother-in-law, or	18058
sister-in-law serves as a county commissioner of a county or	18059
counties in the service district ~~or serves as a member or employee~~	18060
~~of the board of an agency with which the board of alcohol, drug~~	18061
~~addiction, and mental health services has entered a contract for~~	18062
~~the provision of services or facilities~~. The member shall be	18063
informed in writing of the charges and afforded an opportunity for	18064
a hearing. Upon the absence of a member within one year from	18065
either four board meetings or from two board meetings without	18066
prior notice, the board shall notify the appointing authority,	18067
which may vacate the appointment and appoint another person to	18068
complete the member's term.	18069

Members of the board shall serve without compensation, but	18070
shall be reimbursed for actual and necessary expenses incurred in	18071
the performance of their official duties, as defined by rules of	18072
the departments of mental health and alcohol and drug addiction	18073
services.	18074

Sec. 340.03. (A) Subject to rules issued by the director of	18075
mental health after consultation with relevant constituencies as	18076
required by division ~~(A)(11)~~(L) of section 5119.06 of the Revised	18077
Code, with regard to mental health services, the board of alcohol,	18078
drug addiction, and mental health services shall:	18079

(1) Serve as the community mental health planning agency for	18080
the county or counties under its jurisdiction, and in so doing it	18081
shall:	18082

(a) Evaluate the need for facilities and community mental	18083
health services;	18084

(b) In cooperation with other local and regional planning and	18085
funding bodies and with relevant ethnic organizations, assess the	18086
community mental health needs, set priorities, and develop plans	18087
for the operation of facilities and community mental health	18088
services;	18089

(c) In accordance with guidelines issued by the director of	18090
mental health after consultation with board representatives,	18091
annually develop and submit to the department of mental health~~, no~~	18092
~~later than six months prior to the conclusion of the fiscal year~~	18093
~~in which the board's current plan is scheduled to expire,~~ a	18094
community mental health plan listing community mental health	18095
needs, including the needs of all residents of the district now	18096
residing in state mental institutions and severely mentally	18097
disabled adults, children, and adolescents; all children subject	18098
to a determination made pursuant to section 121.38 of the Revised	18099
Code; and all the facilities and community mental health services	18100
that are or will be in operation or provided during the period for	18101
which the plan will be in operation in the service district to	18102
meet such needs.	18103

The plan shall include, but not be limited to, a statement of	18104
which of the services listed in section 340.09 of the Revised Code	18105
the board intends to make available. The board must include crisis	18106
intervention services for individuals in an emergency situation in	18107
the plan and explain how the board intends to make such services	18108
available. The plan must also include ~~an explanation of how the~~	18109
~~board intends to make any payments that it may be required to pay~~	18110
~~under section 5119.62 of the Revised Code,~~ a statement of the	18111
inpatient and community-based services the board proposes that the	18112
department operate, an assessment of the number and types of	18113
residential facilities needed, such other information as the	18114
department requests, and a budget for moneys the board expects to	18115
receive. The ~~board shall also submit an allocation request for~~	18116
~~state and federal funds. Within sixty days after the department's~~	18117
~~determination that the plan and allocation request are complete,~~	18118
~~the~~ department shall approve or disapprove the plan ~~and request~~,	18119
in whole or in part, according to the criteria developed pursuant	18120
to section 5119.61 of the Revised Code. The department's statement	18121
of approval or disapproval shall specify the inpatient and the	18122
community-based services that the department will operate for the	18123
board. Eligibility for state and federal funding shall be	18124
contingent upon an approved plan or relevant part of a plan.	18125

~~If the director disapproves all or part of any plan, the~~	18126
~~director shall inform the board of the reasons for the disapproval~~	18127
~~and of the criteria that must be met before the plan may be~~	18128
~~approved. The director shall provide the board an opportunity to~~	18129
~~present its case on behalf of the plan. The director shall give~~	18130
~~the board a reasonable time in which to meet the criteria, and~~	18131
~~shall offer the board technical assistance to help it meet the~~	18132
~~criteria.~~	18133

~~If the approval of a plan remains in dispute thirty days~~	18134
~~prior to the conclusion of the fiscal year in which the board's~~	18135
~~current plan is scheduled to expire, the board or the director may~~	18136
~~request that the dispute be submitted to a mutually agreed upon~~	18137
~~third-party mediator with the cost to be shared by the board and~~	18138
~~the department. The mediator shall issue to the board and the~~	18139
~~department recommendations for resolution of the dispute. Prior to~~	18140
~~the conclusion of the fiscal year in which the current plan is~~	18141
~~scheduled to expire, the director, taking into consideration the~~	18142
~~recommendations of the mediator, shall make a final determination~~	18143
~~and approve or disapprove the plan, in whole or in part.~~	18144

If a board determines that it is necessary to amend a plan or	18145
an allocation request that has been approved under division	18146
(A)(1)(c) of this section, the board shall submit a proposed	18147
amendment to the director. The director may approve or disapprove	18148
all or part of the amendment. ~~If the director does not approve all~~	18149
~~or part of the amendment within thirty days after it is submitted,~~	18150
~~the amendment or part of it shall be considered to have been~~	18151
~~approved.~~ The director shall inform the board of the reasons for	18152
disapproval of all or part of an amendment and of the criteria	18153
that must be met before the amendment may be approved. The	18154
director shall provide the board an opportunity to present its	18155
case on behalf of the amendment. The director shall give the board	18156
a reasonable time in which to meet the criteria, and shall offer	18157
the board technical assistance to help it meet the criteria.	18158

The board shall implement the plan approved by the	18159
department.	18160

(d) ~~Receive, compile, and transmit to the department of~~	18161
~~mental health applications for state reimbursement;~~	18162

~~(e)~~ Promote, arrange, and implement working agreements with	18163
social agencies, both public and private, and with judicial	18164
agencies.	18165

(2) Investigate, or request another agency to investigate,	18166
any complaint alleging abuse or neglect of any person receiving	18167
services from a community mental health agency as defined in	18168
section 5122.01 of the Revised Code, or from a residential	18169
facility licensed under section 5119.22 of the Revised Code. If	18170
the investigation substantiates the charge of abuse or neglect,	18171
the board shall take whatever action it determines is necessary to	18172
correct the situation, including notification of the appropriate	18173
authorities. Upon request, the board shall provide information	18174
about such investigations to the department.	18175

(3) For the purpose of section 5119.611 of the Revised Code,	18176
cooperate with the director of mental health in visiting and	18177
evaluating whether the services of a community mental health	18178
agency satisfy the certification standards established by rules	18179
adopted under that section;	18180

(4) In accordance with criteria established under division	18181
~~(G)~~(E) of section 5119.61 of the Revised Code, review and evaluate	18182
the quality, effectiveness, and efficiency of services provided	18183
through its community mental health plan and submit its findings	18184
and recommendations to the department of mental health;	18185

(5) In accordance with section 5119.22 of the Revised Code,	18186
review applications for residential facility licenses and	18187
recommend to the department of mental health approval or	18188
disapproval of applications;	18189

(6) Audit, in accordance with rules adopted by the auditor of	18190
state pursuant to section 117.20 of the Revised Code, at least	18191
annually all programs and services provided under contract with	18192
the board. In so doing, the board may contract for or employ the	18193
services of private auditors. A copy of the fiscal audit report	18194
shall be provided to the director of mental health, the auditor of	18195
state, and the county auditor of each county in the board's	18196
district.	18197

(7) Recruit and promote local financial support for mental	18198
health programs from private and public sources;	18199

(8)(a) Enter into contracts with public and private	18200
facilities for the operation of facility services included in the	18201
board's community mental health plan and enter into contracts with	18202
public and private community mental health agencies for the	18203
provision of community mental health services that are listed in	18204
section 340.09 of the Revised Code and included in the board's	18205
community mental health plan. The board may not contract with a	18206
community mental health agency to provide community mental health	18207
services included in the board's community mental health plan	18208
unless the services are certified by the director of mental health	18209
under section 5119.611 of the Revised Code. Section 307.86 of the	18210
Revised Code does not apply to contracts entered into under this	18211
division. In contracting with a community mental health agency, a	18212
board shall consider the cost effectiveness of services provided	18213
by that agency and the quality and continuity of care, and may	18214
review cost elements, including salary costs, of the services to	18215
be provided. A utilization review process shall be established as	18216
part of the contract for services entered into between a board and	18217
a community mental health agency. The board may establish this	18218
process in a way that is most effective and efficient in meeting	18219
local needs. ~~In the case of~~Until July 1, 2012, a contract with a	18220
community mental health agency or facility, as defined in section	18221
5111.023 of the Revised Code, to provide services listed in	18222
division (B) of that section~~, the contract~~ shall provide for the	18223
agency or facility to be paid in accordance with the contract	18224
entered into between the departments of job and family services	18225
and mental health under section 5111.91 of the Revised Code and	18226
any rules adopted under division (A) of section 5119.61 of the	18227
Revised Code.	18228

If either the board or a facility or community mental health	18229
agency with which the board contracts under division (A)(8)(a) of	18230
this section proposes not to renew the contract or proposes	18231
substantial changes in contract terms, the other party shall be	18232
given written notice at least one hundred twenty days before the	18233
expiration date of the contract. During the first sixty days of	18234
this one hundred twenty-day period, both parties shall attempt to	18235
resolve any dispute through good faith collaboration and	18236
negotiation in order to continue to provide services to persons in	18237
need. If the dispute has not been resolved sixty days before the	18238
expiration date of the contract, either party may ~~notify the~~	18239
~~department of mental health of the unresolved dispute. The~~	18240
~~director may require~~request that both parties to submit the	18241
dispute to a third party with the cost to be shared by the board	18242
and the facility or community mental health agency. The third	18243
party shall issue to the board~~, the~~and facility or agency~~, and~~	18244
~~the department~~ recommendations on how the dispute may be resolved	18245
twenty days prior to the expiration date of the contract, unless	18246
both parties agree to a time extension. ~~The director shall adopt~~	18247
~~rules establishing the procedures of this dispute resolution~~	18248
~~process.~~	18249

(b) With the prior approval of the director of mental health,	18250
a board may operate a facility or provide a community mental	18251
health service as follows, if there is no other qualified private	18252
or public facility or community mental health agency that is	18253
immediately available and willing to operate such a facility or	18254
provide the service:	18255

(i) In an emergency situation, any board may operate a	18256
facility or provide a community mental health service in order to	18257
provide essential services for the duration of the emergency;	18258

(ii) In a service district with a population of at least one	18259
hundred thousand but less than five hundred thousand, a board may	18260
operate a facility or provide a community mental health service	18261
for no longer than one year;	18262

(iii) In a service district with a population of less than	18263
one hundred thousand, a board may operate a facility or provide a	18264
community mental health service for no longer than one year,	18265
except that such a board may operate a facility or provide a	18266
community mental health service for more than one year with the	18267
prior approval of the director and the prior approval of the board	18268
of county commissioners, or of a majority of the boards of county	18269
commissioners if the district is a joint-county district.	18270

The director shall not give a board approval to operate a	18271
facility or provide a community mental health service under	18272
division (A)(8)(b)(ii) or (iii) of this section unless the	18273
director determines that it is not feasible to have the department	18274
operate the facility or provide the service.	18275

The director shall not give a board approval to operate a	18276
facility or provide a community mental health service under	18277
division (A)(8)(b)(iii) of this section unless the director	18278
determines that the board will provide greater administrative	18279
efficiency and more or better services than would be available if	18280
the board contracted with a private or public facility or	18281
community mental health agency.	18282

The director shall not give a board approval to operate a	18283
facility previously operated by a person or other government	18284
entity unless the board has established to the director's	18285
satisfaction that the person or other government entity cannot	18286
effectively operate the facility or that the person or other	18287
government entity has requested the board to take over operation	18288
of the facility. The director shall not give a board approval to	18289
provide a community mental health service previously provided by a	18290
community mental health agency unless the board has established to	18291
the director's satisfaction that the agency cannot effectively	18292
provide the service or that the agency has requested the board	18293
take over providing the service.	18294

The director shall review and evaluate a board's operation of	18295
a facility and provision of community mental health service under	18296
division (A)(8)(b) of this section.	18297

Nothing in division (A)(8)(b) of this section authorizes a	18298
board to administer or direct the daily operation of any facility	18299
or community mental health agency, but a facility or agency may	18300
contract with a board to receive administrative services or staff	18301
direction from the board under the direction of the governing body	18302
of the facility or agency.	18303

(9) Approve fee schedules and related charges or adopt a unit	18304
cost schedule or other methods of payment for contract services	18305
provided by community mental health agencies in accordance with	18306
guidelines issued by the department as necessary to comply with	18307
state and federal laws pertaining to financial assistance;	18308

(10) Submit to the director and the county commissioners of	18309
the county or counties served by the board, and make available to	18310
the public, an annual report of the programs under the	18311
jurisdiction of the board, including a fiscal accounting;	18312

(11) Establish, to the extent resources are available, a	18313
community support system, which provides for treatment, support,	18314
and rehabilitation services and opportunities. The essential	18315
elements of the system include, but are not limited to, the	18316
following components in accordance with section 5119.06 of the	18317
Revised Code:	18318

(a) To locate persons in need of mental health services to	18319
inform them of available services and benefits mechanisms;	18320

(b) Assistance for clients to obtain services necessary to	18321
meet basic human needs for food, clothing, shelter, medical care,	18322
personal safety, and income;	18323

(c) Mental health care, including, but not limited to,	18324
outpatient, partial hospitalization, and, where appropriate,	18325
inpatient care;	18326

(d) Emergency services and crisis intervention;

18327

(e) Assistance for clients to obtain vocational services and	18328
opportunities for jobs;	18329

(f) The provision of services designed to develop social,	18330
community, and personal living skills;	18331

(g) Access to a wide range of housing and the provision of	18332
residential treatment and support;	18333

(h) Support, assistance, consultation, and education for	18334
families, friends, consumers of mental health services, and	18335
others;	18336

(i) Recognition and encouragement of families, friends,	18337
neighborhood networks, especially networks that include racial and	18338
ethnic minorities, churches, community organizations, and	18339
meaningful employment as natural supports for consumers of mental	18340
health services;	18341

(j) Grievance procedures and protection of the rights of	18342
consumers of mental health services;	18343

(k) Case management, which includes continual individualized	18344
assistance and advocacy to ensure that needed services are offered	18345
and procured.	18346

(12) Designate the treatment program, agency, or facility for	18347
each person involuntarily committed to the board pursuant to	18348
Chapter 5122. of the Revised Code and authorize payment for such	18349
treatment. The board shall provide the least restrictive and most	18350
appropriate alternative that is available for any person	18351
involuntarily committed to it and shall assure that the services	18352
listed in section 340.09 of the Revised Code are available to	18353
severely mentally disabled persons residing within its service	18354
district. The board shall establish the procedure for authorizing	18355
payment for services, which may include prior authorization in	18356
appropriate circumstances. The board may provide for services	18357
directly to a severely mentally disabled person when life or	18358
safety is endangered and when no community mental health agency is	18359
available to provide the service.	18360

(13) Establish a method for evaluating referrals for	18361
involuntary commitment and affidavits filed pursuant to section	18362
5122.11 of the Revised Code in order to assist the probate	18363
division of the court of common pleas in determining whether there	18364
is probable cause that a respondent is subject to involuntary	18365
hospitalization and what alternative treatment is available and	18366
appropriate, if any;	18367

(14) Ensure that apartments or rooms built, subsidized,	18368
renovated, rented, owned, or leased by the board or a community	18369
mental health agency have been approved as meeting minimum fire	18370
safety standards and that persons residing in the rooms or	18371
apartments are receiving appropriate and necessary services,	18372
including culturally relevant services, from a community mental	18373
health agency. This division does not apply to residential	18374
facilities licensed pursuant to section 5119.22 of the Revised	18375
Code.	18376

(15) Establish a mechanism for involvement of consumer	18377
recommendation and advice on matters pertaining to mental health	18378
services in the alcohol, drug addiction, and mental health service	18379
district;	18380

(16) Perform the duties under section ~~3722.18~~5119.88 of the	18381
Revised Code required by rules adopted under section 5119.61 of	18382
the Revised Code regarding referrals by the board or mental health	18383
agencies under contract with the board of individuals with mental	18384
illness or severe mental disability to adult care facilities and	18385
effective arrangements for ongoing mental health services for the	18386
individuals. The board is accountable in the manner specified in	18387
the rules for ensuring that the ongoing mental health services are	18388
effectively arranged for the individuals.	18389

(B) The board shall establish such rules, operating	18390
procedures, standards, and bylaws, and perform such other duties	18391
as may be necessary or proper to carry out the purposes of this	18392
chapter.	18393

(C) A board of alcohol, drug addiction, and mental health	18394
services may receive by gift, grant, devise, or bequest any	18395
moneys, lands, or property for the benefit of the purposes for	18396
which the board is established, and may hold and apply it	18397
according to the terms of the gift, grant, or bequest. All money	18398
received, including accrued interest, by gift, grant, or bequest	18399
shall be deposited in the treasury of the county, the treasurer of	18400
which is custodian of the alcohol, drug addiction, and mental	18401
health services funds to the credit of the board and shall be	18402
available for use by the board for purposes stated by the donor or	18403
grantor.	18404

(D) No board member or employee of a board of alcohol, drug	18405
addiction, and mental health services shall be liable for injury	18406
or damages caused by any action or inaction taken within the scope	18407
of the board member's official duties or the employee's	18408
employment, whether or not such action or inaction is expressly	18409
authorized by this section, section 340.033, or any other section	18410
of the Revised Code, unless such action or inaction constitutes	18411
willful or wanton misconduct. Chapter 2744. of the Revised Code	18412
applies to any action or inaction by a board member or employee of	18413
a board taken within the scope of the board member's official	18414
duties or employee's employment. For the purposes of this	18415
division, the conduct of a board member or employee shall not be	18416
considered willful or wanton misconduct if the board member or	18417
employee acted in good faith and in a manner that the board member	18418
or employee reasonably believed was in or was not opposed to the	18419
best interests of the board and, with respect to any criminal	18420
action or proceeding, had no reasonable cause to believe the	18421
conduct was unlawful.	18422

(E) The meetings held by any committee established by a board	18423
of alcohol, drug addiction, and mental health services shall be	18424
considered to be meetings of a public body subject to section	18425
121.22 of the Revised Code.	18426

Sec. 340.05. A community mental health agency that receives	18427
a complaint under section ~~3722.17~~5119.87 of the Revised Code	18428
alleging abuse or neglect of an individual with mental illness or	18429
severe mental disability who resides in an adult care facility	18430
shall report the complaint to the board of alcohol, drug	18431
addiction, and mental health services serving the alcohol, drug	18432
addiction, and mental health service district in which the adult	18433
care facility is located. A board of alcohol, drug addiction, and	18434
mental health services that receives such a complaint or a report	18435
from a community mental health agency of such a complaint shall	18436
report the complaint to the director of mental health for the	18437
purpose of the director conducting an investigation under section	18438
~~3722.17~~5119.87 of the Revised Code. The board may enter the adult	18439
care facility with or without the director and, if the health and	18440
safety of a resident is in immediate danger, take any necessary	18441
action to protect the resident. The board's action shall not	18442
violate any resident's rights under section ~~3722.12~~5119.81 of the	18443
Revised Code and rules adopted by the ~~public health council~~	18444
department of mental health under ~~that chapter~~sections 5119.70 to	18445
5119.88 of the Revised Code. The board shall immediately report to	18446
the director regarding the board's actions under this section.	18447

Sec. 340.091. Each board of alcohol, drug addiction, and	18448
mental health services shall contract with a community mental	18449
health agency under division (A)(8)(a) of section 340.03 of the	18450
Revised Code for the agency to do all of the following in	18451
accordance with rules adopted under section 5119.61 of the Revised	18452
Code for an individual referred to the agency under division	18453
(C)(2) of section ~~173.35~~5119.69 of the Revised Code:	18454

(A) Assess the individual to determine whether to recommend	18455
that a ~~PASSPORT~~residential state supplement administrative agency	18456
designated under section 5119.69 of the Revised Code determine	18457
that the environment in which the individual will be living while	18458
receiving residential state supplement payments is appropriate for	18459
the individual's needs and, if it determines the environment is	18460
appropriate, issue the recommendation to the ~~PASSPORT~~residential	18461
state supplement administrative agency;	18462

(B) Provide ongoing monitoring to ensure that services	18463
provided under section 340.09 of the Revised Code are available to	18464
the individual;	18465

(C) Provide discharge planning to ensure the individual's	18466
earliest possible transition to a less restrictive environment.	18467

Sec. 340.11. ~~(A)~~ A board of alcohol, drug addiction, and	18468
mental health services may procure a policy or policies of	18469
insurance insuring board members or employees of the board or	18470
agencies with which the board contracts against liability arising	18471
from the performance of their official duties. If the liability	18472
insurance is unavailable or the amount a board has procured or is	18473
able to procure is insufficient to cover the amount of a claim,	18474
the board may indemnify a board member or employee as follows:	18475

~~(1)~~(A) For any action or inaction in ~~his~~the capacity ~~as a~~of	18476
board member or employee or at the request of the board, whether	18477
or not the action or inaction is expressly authorized by this or	18478
any other section of the Revised Code, if:	18479

~~(a)~~(1) The board member or employee acted in good faith and	18480
in a manner that hethe board member or employee reasonably	18481
believed was in or was not opposed to the best interests of the	18482
board; and	18483

~~(b)~~(2) With respect to any criminal action or proceeding, the	18484
board member or employee had no reason to believe ~~his~~the board	18485
member's or employee's conduct was unlawful.	18486

~~(2)~~(B) Against any expenses, including attorneys' fees, the	18487
board member or employee actually and reasonably incurs as a	18488
result of a suit or other proceeding involving the defense of any	18489
action or inaction in ~~his~~the capacity ~~as a~~of board member or	18490
employee or at the request of the board, or in defense of any	18491
claim, issue, or matter raised in connection with the defense of	18492
such an action or inaction, to the extent that the board member or	18493
employee is successful on the merits or otherwise.	18494

~~(B) The board may utilize up to that per cent of its budget~~	18495
~~as approved by the department of mental health to purchase~~	18496
~~insurance and to pool with funds of other boards of alcohol, drug~~	18497
~~addiction, and mental health services, as provided in division (E)~~	18498
~~of section 5119.62 of the Revised Code, to pay expenditures for~~	18499
~~utilization of state hospital facilities that exceed the amount~~	18500
~~allocated to the board under the formula developed under that~~	18501
~~section.~~	18502

Sec. 341.192. (A) As used in this section:

18503

(1) "Jail" means a county jail, or a multicounty,	18504
municipal-county, or multicounty-municipal correctional center.	18505

(2) "Medical assistance program" has the same meaning as in	18506
section 2913.40 of the Revised Code.	18507

~~(2)~~(3) "Medical provider" means a physician, hospital,	18508
laboratory, pharmacy, or other health care provider that is not	18509
employed by or under contract to a county, municipal corporation,	18510
township, the department of youth services, or the department of	18511
rehabilitation and correction to provide medical services to	18512
persons confined in ~~the county~~a jail or a state correctional	18513
institution, or is in the custody of a law enforcement officer.	18514

~~(3)~~(4) "Necessary care" means medical care of a nonelective	18515
nature that cannot be postponed until after the period of	18516
confinement of a person who is confined in a ~~county~~ jail or a	18517
state correctional institution, or is in the custody of a law	18518
enforcement officer without endangering the life or health of the	18519
person.	18520

(B) If a physician employed by or under contract to a county,	18521
municipal corporation, township, the department of youth services,	18522
or the department of rehabilitation and correction to provide	18523
medical services to persons confined in ~~the county~~a jail or state	18524
correctional institution determines that a person who is confined	18525
in the ~~county~~ jail or a state correctional institution or who is	18526
in the custody of a law enforcement officer prior to the person's	18527
confinement in ~~the county~~a jail or a state correctional	18528
institution requires necessary care that the physician cannot	18529
provide, the necessary care shall be provided by a medical	18530
provider. The county, municipal corporation, township, the	18531
department of youth services, or the department of rehabilitation	18532
and correction shall pay a medical provider for necessary care an	18533
amount not exceeding the authorized reimbursement rate for the	18534
same service established by the department of job and family	18535
services under the medical assistance program.	18536

Sec. 343.08. (A) The board of county commissioners of a	18537
county solid waste management district and the board of directors	18538
of a joint solid waste management district may fix reasonable	18539
rates or charges to be paid by every person, municipal	18540
corporation, township, or other political subdivision that owns	18541
premises to which solid waste collection, storage, transfer,	18542
disposal, recycling, processing, or resource recovery service is	18543
provided by the district and may change the rates or charges	18544
whenever it considers it advisable. Charges for collection,	18545
storage, transfer, disposal, recycling, processing, or resource	18546
recovery service shall be made only against lots or parcels that	18547
are improved, or in the process of being improved, with at least	18548
one permanent, portable, or temporary building. The rates or	18549
charges may be collected by either of the following means:	18550

(1) Periodic billings made by the district directly or in	18551
conjunction with billings for public utility rates or charges by a	18552
county water district established under section 6103.02 of the	18553
Revised Code, a county sewer district established under section	18554
6117.02 of the Revised Code, or a municipal corporation or other	18555
political subdivision authorized by law to provide public utility	18556
service. When any such charges that are so billed are not paid,	18557
the board shall certify them to the county auditor of the county	18558
where the lots or parcels are located, who shall place them upon	18559
the real property duplicate against the property served by the	18560
collection, storage, transfer, disposal, recycling, processing, or	18561
resource recovery service. The charges shall be a lien on the	18562
property from the date they are placed upon the real property	18563
duplicate by the auditor and shall be collected in the same manner	18564
as other taxes.	18565

(2) Certifying the rates or charges to the county auditor of	18566
the county where the lots or parcels are located, who shall place	18567
them on the real property duplicate against the lots or parcels.	18568
The rates or charges are a lien on the property from the date they	18569
are placed upon the real property duplicate by the auditor and	18570
shall be collected in the same manner as other taxes.	18571

The county or joint district need not fix a rate or charge	18572
against property if the district does not operate a collection	18573
system.	18574

Where a county or joint district owns or operates a solid	18575
waste facility, either without a collection system or in	18576
conjunction therewith, the board of county commissioners or board	18577
of directors may fix reasonable rates or charges for the use of	18578
the facility by persons, municipal corporations, townships, and	18579
other political subdivisions, may contract with any public	18580
authority or person for the collection of solid wastes in any part	18581
of any district for collection, storage, disposal, transfer,	18582
recycling, processing, or resource recovery in any solid waste	18583
facility, or may lease the facility to any public authority or	18584
person. The cost of collection, storage, transfer, disposal,	18585
recycling, processing, or resource recovery under such contracts	18586
may be paid by rates or charges fixed and collected under this	18587
section or by rates and charges fixed under those contracts and	18588
collected by the contractors.	18589

All moneys collected by or on behalf of a county or joint	18590
district as rates or charges for solid waste collection, storage,	18591
transfer, disposal, recycling, processing, or resource recovery	18592
service in any district shall be paid to the county treasurer in a	18593
county district or to the county treasurer or other official	18594
designated by the board of directors in a joint district and kept	18595
in a separate and distinct fund to the credit of the district. The	18596
fund shall be used for the payment of the cost of the management,	18597
maintenance, and operation of the solid waste collection or other	18598
solid waste facilities of the district and, if applicable, the	18599
payment of the cost of collecting the rates or charges of the	18600
district pursuant to division (A)(1) or (2) of this section. Prior	18601
to the approval of the district's initial solid waste management	18602
plan under section 3734.55 of the Revised Code or the issuance of	18603
an order under that section requiring the district to implement an	18604
initial plan prepared by the director, as appropriate, the fund	18605
also may be used for the purposes of division (G)(1) or (3) of	18606
section 3734.57 of the Revised Code. On and after the approval of	18607
the district's initial plan under section 3734.521 or 3734.55 of	18608
the Revised Code or the issuance of an order under either of those	18609
sections, as appropriate, requiring the district to implement an	18610
initial plan prepared by the director, the fund also may be used	18611
for the purposes of divisions (G)(1) to (10) of section 3734.57 of	18612
the Revised Code. Those uses may include, in accordance with a	18613
cost allocation plan adopted under division (B) of this section,	18614
the payment of all allowable direct and indirect costs of the	18615
district, the sanitary engineer or sanitary engineering	18616
department, or a federal or state grant program, incurred for the	18617
purposes of this chapter and sections 3734.52 to 3734.572 of the	18618
Revised Code. Any surplus remaining after those uses of the fund	18619
may be used for the enlargement, modification, or replacement of	18620
such facilities and for the payment of the interest and principal	18621
on bonds and bond anticipation notes issued pursuant to section	18622
343.07 of the Revised Code. In no case shall money so collected be	18623
expended otherwise than for the use and benefit of the district.	18624

A board of county commissioners or directors, instead of	18625
operating and maintaining solid waste collection or other solid	18626
waste facilities of the district with county or joint district	18627
personnel, may enter into a contract with a municipal corporation	18628
having territory within the district pursuant to which the	18629
operation and maintenance of the facilities will be performed by	18630
the municipal corporation.	18631

The products of any solid waste collection or other solid	18632
waste facility owned under this chapter shall be sold through	18633
competitive bidding in accordance with section 307.12 of the	18634
Revised Code, except when a board of county commissioners or	18635
directors determines by resolution that it is in the public	18636
interest to sell those products in a commercially reasonable	18637
manner without competitive bidding.	18638

(B) A board of county commissioners or directors may adopt a	18639
cost allocation plan that identifies, accumulates, and distributes	18640
allowable direct and indirect costs that may be paid from the fund	18641
of the district created in division (A) of this section and	18642
prescribes methods for allocating those costs. The plan shall	18643
authorize payment from the fund for only those costs incurred by	18644
the district, the sanitary engineer or sanitary engineering	18645
department, or a federal or state grant program, and those costs	18646
incurred by the general and other funds of the county for a common	18647
or joint purpose, that are necessary and reasonable for the proper	18648
and efficient administration of the district under this chapter	18649
and sections 3734.52 to 3734.572 of the Revised Code. The plan	18650
shall not authorize payment from the fund of any general	18651
government expense required to carry out the overall governmental	18652
responsibilities of a county. The plan shall conform to United	18653
States office of management and budget Circular A-87 "Cost	18654
Principles for State and Local Governments," published January 15,	18655
1983.	18656

(C) A board of county commissioners or directors shall fix	18657
rates or charges, or enter into contracts fixing the rates or	18658
charges to be collected by the contractor, for solid waste	18659
collection, storage, transfer, disposal, recycling, processing, or	18660
resource recovery services at a public meeting held in accordance	18661
with section 121.22 of the Revised Code. In addition to fulfilling	18662
the requirements of section 121.22 of the Revised Code, the board,	18663
before fixing or changing rates or charges for solid waste	18664
collection, storage, transfer, disposal, recycling, processing, or	18665
resource recovery services, or before entering into a contract	18666
that fixes rates or charges to be collected by the contractor	18667
providing the services, shall hold at least three public hearings	18668
on the proposed rates, charges, or contract. Prior to the first	18669
public hearing, the board shall publish notice of the public	18670
hearings as provided in section 7.16 of the Revised Code or once a	18671
week for three consecutive weeks in a newspaper of general	18672
circulation in the county or counties that would be affected by	18673
the proposed rates, charges, or contract. The notice shall include	18674
a listing of the proposed rates or charges to be fixed and	18675
collected by the board or fixed pursuant to the contract and	18676
collected by the contractor, and the dates, time, and place of	18677
each of the three hearings thereon. The board shall hear any	18678
person who wishes to testify on the proposed rates, charges, or	18679
contract.	18680

Sec. 345.03. A copy of any resolution adopted under section	18681
345.01 of the Revised Code shall be certified within five days by	18682
the taxing authority and not later than four p. m. of the	18683
ninetieth day before the day of the election, to the county board	18684
of elections, and such board shall submit the proposal to the	18685
electors of the subdivision at the succeeding general election.	18686
The board shall make the necessary arrangements for the submission	18687
of such question to the electors of the subdivision, and the	18688
election shall be conducted, canvassed, and certified in like	18689
manner as regular elections in such subdivision.	18690

Notice of the election shall be published once in a newspaper	18691
of general circulation in the subdivision, ~~at least once,~~ not less	18692
than two weeks prior to such election. The notice shall set out	18693
the purpose of the proposed increase in rate, the amount of the	18694
increase expressed in dollars and cents for each one hundred	18695
dollars of valuation as well as in mills for each one dollar of	18696
property valuation, the number of years during which such increase	18697
will be in effect, and the time and place of holding such	18698
election.	18699

Sec. 349.01. As used in this chapter:

18700

(A) "New community" means a community or an addition to an	18701
existing community planned pursuant to this chapter so that it	18702
includes facilities for the conduct of industrial, commercial,	18703
residential, cultural, educational, and recreational activities,	18704
and designed in accordance with planning concepts for the	18705
placement of utility, open space, and other supportive facilities.	18706

~~In the case of a new community authority established on~~ or	18707
~~after the effective date of this amendment and before January 1,~~	18708
~~2012, "new community" may mean~~ a community or development of	18709
property planned under this chapter in relation to an existing	18710
community so that the community includes facilities for the	18711
conduct of community activities, and is designed in accordance	18712
with planning concepts for the placement of utility, open space,	18713
and other supportive facilities for the community.	18714

(B) "New community development program" means a program for	18715
the development of a new community characterized by well-balanced	18716
and diversified land use patterns and which includes land	18717
acquisition and land development, the acquisition, construction,	18718
operation, and maintenance of community facilities, and the	18719
provision of services authorized in this chapter.	18720

~~In the case of a new community authority established on or~~	18721
~~after the effective date of this amendment and before January 1,~~	18722
~~2012, a~~A new community development program may take into account	18723
any existing community in relation to which a new community is	18724
developed for purposes of being characterized by well-balanced and	18725
diversified land use patterns.	18726

(C) "New community district" means the area of land described	18727
by the developer in the petition as set forth in division (A) of	18728
section 349.03 of the Revised Code for development as a new	18729
community and any lands added to the district by amendment of the	18730
resolution establishing the community authority.	18731

(D) "New community authority" means a body corporate and	18732
politic in this state, established pursuant to section 349.03 of	18733
the Revised Code and governed by a board of trustees as provided	18734
in section 349.04 of the Revised Code.	18735

(E) "Developer" means any person, organized for carrying out	18736
a new community development program who owns or controls, through	18737
leases of at least ~~seventy-five~~forty years' duration, options, or	18738
contracts to purchase, the land within a new community district,	18739
or any municipal corporation, county, or port authority that owns	18740
the land within a new community district, or has the ability to	18741
acquire such land, either by voluntary acquisition or condemnation	18742
in order to eliminate slum, blighted, and deteriorated or	18743
deteriorating areas and to prevent the recurrence thereof. ~~In the~~	18744
~~case of a new community authority established on or after the~~	18745
~~effective date of this amendment and before January 1, 2012,~~	18746
~~"developer" may mean a person, municipal corporation, county, or~~	18747
~~port authority that controls land within a new community district~~	18748
~~through leases of at least forty years' duration.~~	18749

(F) "Organizational board of commissioners" means, if the new	18750
community district is located in only one county, the board of	18751
county commissioners of such county; if located in more than one	18752
county, a board consisting of the members of the board of county	18753
commissioners of each of the counties in which the district is	18754
located, provided that action of such board shall require a	18755
majority vote of the members of each separate board of county	18756
commissioners; or, if more than half of the new community district	18757
is located within the boundaries of ~~the most populous~~a municipal	18758
corporation ~~of a county~~, the legislative authority of the	18759
municipal corporation.	18760

(G) "Land acquisition" means the acquisition of real property	18761
and interests in real property as part of a new community	18762
development program.	18763

(H) "Land development" means the process of clearing and	18764
grading land, making, installing, or constructing water	18765
distribution systems, sewers, sewage collection systems, steam,	18766
gas, and electric lines, roads, streets, curbs, gutters,	18767
sidewalks, storm drainage facilities, and other installations or	18768
work, whether within or without the new community district, and	18769
the construction of community facilities.	18770

(I)~~(1)~~ "Community facilities" means all real property,	18771
buildings, structures, or other facilities, including related	18772
fixtures, equipment, and furnishings, to be owned, operated,	18773
financed, constructed, and maintained under this chapter,	18774
including public, community, village, neighborhood, or town	18775
buildings, centers and plazas, auditoriums, day care centers,	18776
recreation halls, educational facilities, hospital facilities as	18777
defined in section 140.01 of the Revised Code, recreational	18778
facilities, natural resource facilities, including parks and other	18779
open space land, lakes and streams, cultural facilities, community	18780
streets, including off-street parking facilities, pathway and	18781
bikeway systems, pedestrian underpasses and overpasses, lighting	18782
facilities, design amenities, or other community facilities, and	18783
buildings needed in connection with water supply or sewage	18784
disposal installations or steam, gas, or electric lines or	18785
installation.	18786

~~(2) In the case of a new community authority established on~~	18787
or ~~after the effective date of this amendment and before January~~	18788
~~1, 2012, "community facilities" may mean, in addition to the~~	18789
~~facilities authorized in division (I)(1) of this section, any~~	18790
other community facilities that are owned, operated, financed,	18791
constructed, or maintained for, relating to, or in furtherance of	18792
community activities, including, but not limited to, town	18793
buildings or other facilities, and health care facilities	18794
including, but limited to, hospital facilities~~, and off-street~~	18795
~~parking facilities~~.	18796

(J) "Cost" as applied to a new community development program	18797
means all costs related to land acquisition and land development,	18798
the acquisition, construction, maintenance, and operation of	18799
community facilities and offices of the community authority, and	18800
of providing furnishings and equipment therefor, financing charges	18801
including interest prior to and during construction and for the	18802
duration of the new community development program, planning	18803
expenses, engineering expenses, administrative expenses including	18804
working capital, and all other expenses necessary and incident to	18805
the carrying forward of the new community development program.	18806

(K) "Income source" means any and all sources of income to	18807
the community authority, including community development charges	18808
of which the new community authority is the beneficiary as	18809
provided in section 349.07 of the Revised Code, rentals, user fees	18810
and other charges received by the new community authority, any	18811
gift or grant received, any moneys received from any funds	18812
invested by or on behalf of the new community authority, and	18813
proceeds from the sale or lease of land and community facilities.	18814

(L) "Community development charge" means:

18815

(1) A dollar amount ~~which~~that shall be determined on the	18816
basis of the assessed valuation of real property or interests in	18817
real property in a new community district sold, leased, or	18818
otherwise conveyed by the developer or the new community	18819
authority, the income of the residents of such property subject to	18820
such charge under section 349.07 of the Revised Code, if such	18821
property is devoted to residential uses or to the profits of any	18822
business, a uniform fee on each parcel of such real property	18823
originally sold, leased, or otherwise conveyed by the developer or	18824
new community authority, or any combination of the foregoing	18825
bases.	18826

(2) ~~For a new community authority that is established on or~~	18827
~~after the effective date of this amendment and before January 1,~~	18828
~~2012, "community development charge" includes, in addition to the~~	18829
~~charges authorized in division (L)(1) of this section, a~~A charge	18830
determined on the basis of all or a part of the income of the	18831
residents of real property within the new community district if	18832
such property is devoted to residential uses, or all or a part of	18833
the profits, gross receipts, or other revenues of any business	18834
operating in the new community district.	18835

(M) "Proximate city" means, as of the date of filing of the	18836
petition under section 349.03 of the Revised Code, any municipal	18837
corporation in which any portion of the proposed new community	18838
district is located, or if more than one-half of the proposed new	18839
community district is contained within a joint economic	18840
development district under sections 715.70 to 715.83 of the	18841
Revised Code, "proximate city" means the township containing the	18842
greatest portion of such district. Otherwise, "proximate city"	18843
means any city that, as of the date of filing of the petition	18844
under section 349.03 of the Revised Code, is the city with the	18845
greatest population located in the county in which the proposed	18846
new community district is located, is the city with the greatest	18847
population located in an adjoining county if any portion of such	18848
city is within five miles of any part of the boundaries of such	18849
district, or exercises extraterritorial subdivision authority	18850
under section 711.09 of the Revised Code with respect to any part	18851
of such district.	18852

(N) "Community activities" means cultural, educational,	18853
governmental, recreational, residential, industrial, commercial,	18854
distribution and research activities, or any combination thereof	18855
that includes residential activities.	18856

Sec. 349.03. (A) Proceedings for the organization of a new	18857
community authority shall be initiated by a petition filed by the	18858
developer ~~in the office of~~with the clerk of the organizational	18859
board of ~~county~~ commissioners ~~of one of the counties in which all~~	18860
~~or part of~~for the proposed new community district ~~is located~~.	18861
Such petition shall be signed by the developer and may be signed	18862
by each proximate city. The legislative authorities of each such	18863
proximate city shall act in behalf of such proximate city. Such	18864
petition shall contain:	18865

(1) The name of the proposed new community authority;

18866

(2) The address where the principal office of the authority	18867
will be located or the manner in which the location will be	18868
selected;	18869

(3) A map and a full and accurate description of the	18870
boundaries of the new community district together with a	18871
description of the properties within such boundaries, if any,	18872
which will not be included in the new community district. Unless	18873
more than one-half of the proposed new community district is or	18874
was contained within a joint economic development district under	18875
sections 715.70 to 715.83 of the Revised Code or the district is	18876
wholly contained within municipalities, the total acreage included	18877
in such district shall not be less than one thousand acres, all of	18878
which acreage shall be owned by, or under the control through	18879
leases of at least ~~seventy-five~~forty years' duration, options, or	18880
contracts to purchase, of the developer, if the developer is a	18881
private entity. Such acreage shall be developable as one	18882
functionally interrelated community~~. In the case of a new~~	18883
~~community authority established on~~ or ~~after the effective date of~~	18884
~~this amendment and before January 1, 2012, such leases may be of~~	18885
~~not less than forty years' duration, and the acreage may be~~	18886
~~developable~~ so that the community is one functionally interrelated	18887
community.	18888

(4) A statement setting forth the zoning regulations proposed	18889
for zoning the area within the boundaries of the new community	18890
district for comprehensive development as a new community, and if	18891
the area has been zoned for such development, a certified copy of	18892
the applicable zoning regulations therefor;	18893

(5) A current plan indicating the proposed development	18894
program for the new community district, the land acquisition and	18895
land development activities, community facilities, services	18896
proposed to be undertaken by the new community authority under	18897
such program, the proposed method of financing such activities and	18898
services, including a description of the bases, timing, and manner	18899
of collecting any proposed community development charges, and the	18900
projected total residential population of, and employment within,	18901
the new community;	18902

(6) A suggested number of members, consistent with section	18903
349.04 of the Revised Code, for the board of trustees;	18904

(7) A preliminary economic feasibility analysis, including	18905
the area development pattern and demand, location and proposed new	18906
community district size, present and future socio-economic	18907
conditions, public services provision, financial plan, and the	18908
developer's management capability;	18909

(8) A statement that the development will comply with all	18910
applicable environmental laws and regulations.	18911

Upon the filing of such petition, the organizational board of	18912
commissioners shall determine whether such petition complies with	18913
the requirements of this section as to form and substance. The	18914
board in subsequent proceedings may at any time permit the	18915
petition to be amended in form and substance to conform to the	18916
facts by correcting any errors in the description of the proposed	18917
new community district or in any other particular.	18918

Upon the determination of the organizational board of	18919
commissioners that a sufficient petition has been filed in	18920
accordance with this section, the board shall fix the time and	18921
place of a hearing on the petition for the establishment of the	18922
proposed new community authority. Such ~~hearing shall be held not~~	18923
~~less than ninety-five nor more than one hundred fifteen days after~~	18924
~~the petition filing date, except that if the petition has been~~	18925
~~signed by all proximate cities, such~~ hearing shall be held not	18926
less than thirty nor more than forty-five days after the petition	18927
filing date. The clerk of the organizational board of ~~county~~	18928
commissioners with which the petition was filed shall give notice	18929
thereof by publication once each week for three consecutive weeks,	18930
or as provided in section 7.16 of the Revised Code, in a newspaper	18931
of general circulation in any county of which a portion is within	18932
the proposed new community district. Such clerk shall also give	18933
written notice of the date, time, and place of the hearing and	18934
furnish a certified copy of the petition to the clerk of the	18935
legislative authority of each proximate city which has not signed	18936
such petition. In the event that the legislative authority of a	18937
proximate city which did not sign the petition ~~does not approve~~	18938
disapproves by ordinance, resolution, or motion the establishment	18939
of the proposed new community authority and ~~does not deliver~~	18940
delivers such ordinance, resolution, or motion to the clerk of the	18941
organizational board of ~~county~~ commissioners with which the	18942
petition was filed within ~~ninety~~twenty-eight days following the	18943
date of the ~~first publication of the~~ notice delivered to the	18944
clerk of the ~~public hearing~~legislative authority of the proximate	18945
city, the organizational board of commissioners shall cancel such	18946
public hearing and terminate the proceedings for the establishment	18947
of the new community authority. Any disapproval by the proximate	18948
city must be for good cause shown that the proposed new community	18949
district will not be conducive to the public health, safety,	18950
convenience, and welfare, and is not intended to result in the	18951
development of a new community.	18952

Upon the hearing, if the organizational board of	18953
commissioners determines by resolution that the proposed new	18954
community district will be conducive to the public health, safety,	18955
convenience, and welfare, and is intended to result in the	18956
development of a new community, and if at least twenty-eight days	18957
have elapsed following the date of the notice delivered to the	18958
clerk of the legislative authority of each proximate city that has	18959
not signed the petition and no disapproval of a proximate city for	18960
good cause shown has been received by the clerk of the	18961
organizational board of commissioners, the board shall by its	18962
resolution, entered of record in its journal ~~and the journal of~~	18963
~~the board of county commissioners with which the petition was~~	18964
~~filed~~, declare the new community authority to be organized and a	18965
body politic and corporate with the corporate name designated in	18966
the resolution, and define the boundary of the new community	18967
district. In addition, the resolution shall provide the method of	18968
selecting the board of trustees of the new community authority and	18969
fix the surety for their bonds in accordance with section 349.04	18970
of the Revised Code.	18971

If the organizational board of commissioners finds that the	18972
establishment of the district will not be conducive to the public	18973
health, safety, convenience, or welfare, or is not intended to	18974
result in the development of a new community, or if the clerk of	18975
the organizational board of commissioners has received a	18976
disapproval for good cause shown from a proximate city, it shall	18977
reject the petition thereby terminating the proceedings for the	18978
establishment of the new community authority.	18979

(B) At any time after the creation of a new community	18980
authority, the developer may file an application with the ~~clerk of~~	18981
~~the~~organizational board of ~~county~~ commissioners ~~of the county in~~	18982
with which the original petition was filed, setting forth a	18983
general description of territory it desires to add or to delete	18984
from such district, that such change will be conducive to the	18985
public health, safety, convenience, and welfare, and will be	18986
consistent with the development of a new community and will not	18987
jeopardize the plan of the new community. If the developer is not	18988
a municipal corporation, port authority, or county, all of such an	18989
addition to such a district shall be owned by, or under the	18990
control through leases of at least ~~seventy-five~~forty years'	18991
duration, options, or contracts to purchase, of the developer. In	18992
~~the case of a new community authority established on or after the~~	18993
~~effective date of this amendment and before January 1, 2012, such~~	18994
~~leases may be of not less than forty years' duration.~~ Upon the	18995
filing of the application, the organizational board of	18996
commissioners shall follow the same procedure as required by this	18997
section in relation to the petition for the establishment of the	18998
proposed new community.	18999

(C) If all or any part of the new community district is	19000
annexed to one or more existing municipal corporations, their	19001
legislative authorities may appoint persons to replace any	19002
appointed citizen member of the board of trustees. The number of	19003
such trustees to be replaced by the municipal corporation shall be	19004
the number, rounded to the lowest integer, bearing the	19005
proportionate relationship to the number of existing appointed	19006
citizen members as the acreage of the new community district	19007
within such municipal corporation bears to the total acreage of	19008
the new community district. If any such municipal corporation	19009
chooses to replace an appointed citizen member, it shall do so by	19010
ordinance, the term of the trustee being replaced shall terminate	19011
thirty days from the date of passage of such ordinance, and the	19012
trustee to be replaced shall be determined by lot. Each newly	19013
appointed member shall assume the term of the member's	19014
predecessor.	19015

Sec. 349.04. The following method of selecting a board of	19016
trustees is deemed to be a compelling state interest. Within ten	19017
days after the new community authority has been established, as	19018
provided in section 349.03 of the Revised Code, an initial board	19019
of trustees shall be appointed as follows;: the organizational	19020
board of commissioners shall appoint by resolution at least three,	19021
but not more than six, citizen members of the board of trustees to	19022
represent the interests of present and future residents and	19023
employers of the new community district and one member to serve as	19024
a representative of local government, and the developer shall	19025
appoint a number of members equal to the number of citizen members	19026
to serve as representatives of the developer. ~~In the case of a new~~	19027
~~community authority established on or after the effective date of~~	19028
~~this amendment and before January 1, 2012, the citizen members may~~	19029
~~represent present and future employers within the new community~~	19030
~~district and any present or future residents of the district.~~	19031

Members shall serve two-year overlapping terms, with two of	19032
each of the initial citizen and developer members appointed to	19033
serve initial one year terms. The organizational board of	19034
commissioners shall adopt, by further resolution adopted within	19035
one year of such resolution establishing such initial board of	19036
trustees ~~adopt~~, a method for selection of successor members	19037
thereof which determines the projected total population of the	19038
projected new community and meets the following criteria:	19039

(A) The appointed citizen members shall be replaced by	19040
elected citizen members according to a schedule established by the	19041
organizational board of commissioners calculated to achieve one	19042
such replacement each time the new community district gains a	19043
proportion, having a numerator of one and a denominator of twice	19044
the number of citizen members, of its projected total population	19045
until such time as all of the appointed citizen members are	19046
replaced.	19047

(B) Representatives of the developer shall be replaced by	19048
elected citizen members according to a schedule established by the	19049
organizational board of commissioners calculated to achieve one	19050
such replacement each time the new community district gains a	19051
proportion, having a numerator of one and a denominator equal to	19052
the number of developer members, of its projected total population	19053
until such time as all of the developer's representatives are	19054
replaced.	19055

(C) The representative of local government shall be replaced	19056
by an elected citizen member at the time the new community	19057
district gains three-quarters of its projected total population.	19058

Elected citizen members of the board of trustees shall be	19059
elected by a majority of the residents of the new community	19060
district voting at elections held on the first Tuesday after the	19061
first Monday in December of each year. Each citizen member except	19062
an appointed citizen member shall be a qualified elector who	19063
resides within the new community district. ~~In the case of a new~~	19064
~~community authority established on or after the effective date of~~	19065
~~this amendment and before January 1, 2012,~~The petition or the	19066
organizational board of ~~directors~~commissioners, by resolution,	19067
may adopt an alternative method of selection or election of	19068
successor members of the board of trustees. If the alternative	19069
method provides for the election of citizen members, the elections	19070
may be held at the times and in the manner provided in athe	19071
petition or resolution of the organizational board of	19072
commissioners, and ~~the~~any elected citizen members shall be	19073
qualified electors who ~~resides~~reside in the new community	19074
district.	19075

Citizen members shall not be employees of or have financial	19076
interest in the developer. If a vacancy occurs in the office of a	19077
member other than a member appointed by the developer, the	19078
organizational board of commissioners may appoint a successor	19079
member for the remainder of the unexpired term. Any appointed	19080
member of the board of trustees may at any time be removed by the	19081
organizational board of commissioners for misfeasance,	19082
nonfeasance, or malfeasance in office. Members appointed by the	19083
developer may also at any time be removed by the developer without	19084
a showing of cause.	19085

Each member of the board of trustees, before entering upon	19086
official duties, shall take and subscribe to an oath before an	19087
officer authorized to administer oaths in Ohio that the member	19088
will honestly and faithfully perform the duties of the member's	19089
office. Such oath shall be filed in the office of the clerk of the	19090
organizational board of ~~county~~ commissioners ~~in which the petition~~	19091
~~was filed~~. Upon taking the oath, the board of trustees shall elect	19092
one of its number as chairperson and another as vice-chairperson,	19093
and shall appoint suitable persons as secretary and treasurer who	19094
need not be members of the board. The treasurer shall be the	19095
fiscal officer of the authority. The board shall adopt by-laws	19096
governing the administration of the affairs of the new community	19097
authority. Each member of the board shall post a bond for the	19098
faithful performance of official duties and give surety therefor	19099
in such amount, but not less than ten thousand dollars, as the	19100
resolution creating such board shall prescribe.	19101

All of the powers of the new community authority shall be	19102
exercised by its board of trustees, but without relief of such	19103
responsibility, such powers may be delegated to committees of the	19104
board or its officers and employees in accordance with its	19105
by-laws. A majority of the board shall constitute a quorum, and a	19106
concurrence of a majority of a quorum in any matter within the	19107
board's duties is sufficient for its determination, provided a	19108
quorum is present when such concurrence is had and a majority of	19109
those members constituting such quorum are trustees not appointed	19110
by the developer. All trustees shall be empowered to vote on all	19111
matters within the authority of the board of trustees, and no vote	19112
by a member appointed by the developer shall be construed to give	19113
rise to civil or criminal liability for conflict of interest on	19114
the part of public officials.	19115

Sec. 349.06. In furtherance of the purposes of this chapter,	19116
a new community authority may:	19117

(A) Acquire by purchase, lease, gift, or otherwise, on such	19118
terms and in such manner as it considers proper, real and personal	19119
property or any estate, interest, or right therein, within or	19120
without the new community district;	19121

(B) Improve, maintain, sell, lease or otherwise dispose of	19122
real and personal property and community facilities, on such terms	19123
and in such manner as it considers proper;	19124

(C) Landscape and otherwise aesthetically improve areas	19125
within the new community district, including but not limited to	19126
maintenance, landscaping and other community improvement services;	19127

(D) Provide, engage in, or otherwise sponsor recreational,	19128
educational, health, social, vocational, cultural, beautification,	19129
and amusement activities and related services primarily for	19130
~~residents of the district. In the case of a new community~~	19131
~~authority established on or after the effective date of this~~	19132
~~amendment and before January 1, 2012, such activities and services~~	19133
~~may be for~~ residents of, visitors to, employees working within, or	19134
employers operating businesses in the district, or any combination	19135
thereof.	19136

(E) Fix, alter, impose, collect and receive service and user	19137
fees, rentals, and other charges to cover all costs in carrying	19138
out the new community development program;	19139

(F) Adopt, modify, and enforce reasonable rules and	19140
regulations governing the use of community facilities;	19141

(G) Employ such managers, administrative officers, agents,	19142
engineers, architects, attorneys, contractors, sub-contractors,	19143
and employees as may be appropriate in the exercise of the rights,	19144
powers and duties conferred upon it, prescribe the duties and	19145
compensation for such persons, require bonds to be given by any	19146
such persons and by officers of the authority for the faithful	19147
performance of their duties, and fix the amount and surety	19148
therefor; and pay the same;	19149

(H) Sue and be sued in its corporate name;

19150

(I) Make and enter into all contracts and agreements and	19151
execute all instruments relating to a new community development	19152
program, including contracts with the developer and other persons	19153
or entities related thereto for land acquisition and land	19154
development; acquisition, construction, and maintenance of	19155
community facilities; the provision of community services and	19156
management and coordinating services; with federal, state,	19157
interstate, regional, and local agencies and political	19158
subdivisions or combinations thereof in connection with the	19159
financing of such program, and with any municipal corporation or	19160
other public body, or combination thereof, providing for the	19161
acquisition, construction, improvement, extension, maintenance or	19162
operation of joint lands or facilities or for the provision of any	19163
services or activities relating to and in furtherance of a new	19164
community development program, including the creation of or	19165
participation in a regional transit authority created pursuant to	19166
the Revised Code;	19167

(J) Apply for and accept grants, loans or commitments of	19168
guarantee or insurance including any guarantees of community	19169
authority bonds and notes, from the United States, the state, or	19170
other public body or other sources, and provide any consideration	19171
which may be required in order to obtain such grants, loans or	19172
contracts of guarantee or insurance. Such loans or contracts of	19173
guarantee or insurance may be evidenced by the issuance of bonds	19174
as provided in section 349.08 of the Revised Code;	19175

(K) Procure insurance against loss to it by reason of damage	19176
to its properties resulting from fire, theft, accident, or other	19177
casualties, or by reason of its liability for any damages to	19178
persons or property occurring in the construction or operation of	19179
facilities or areas under its jurisdiction or the conduct of its	19180
activities;	19181

(L) Maintain such funds or reserves as it considers necessary	19182
for the efficient performance of its duties;	19183

(M) Enter agreements with the boards of education of any	19184
school districts in which all or part of the new community	19185
district lies, whereby the community authority may acquire	19186
property for, may construct and equip, and may sell, lease,	19187
dedicate, with or without consideration, or otherwise transfer	19188
lands, schools, classrooms, or other facilities, whether or not	19189
within the new community district, from the authority to the	19190
school district for school and related purposes;	19191

(N) Prepare plans for acquisition and development of lands	19192
and facilities, and enter into agreements with city, county, or	19193
regional planning commissions to perform or obtain all or any part	19194
of planning services for the new community district;	19195

(O) Engage in planning for the new community district, which	19196
may be predominantly residential and open space, and prepare or	19197
approve a development plan or plans therefor, and engage in land	19198
acquisitions and land development in accordance with such plan or	19199
plans;	19200

(P) Issue new community authority bonds and notes and	19201
community authority refunding bonds, payable solely from the	19202
income source provided in section 349.08 of the Revised Code,	19203
unless the bonds are refunded by refunding bonds, for the purpose	19204
of paying any part of the cost as applied to the new community	19205
development program or parts thereof;	19206

(Q) Enforce any covenants running with the land of which the	19207
new community authority is the beneficiary, including but not	19208
limited to the collection by any and all appropriate means of any	19209
community development charge deemed to be a covenant running with	19210
the land and enforceable by the new community authority pursuant	19211
to section 349.07 of the Revised Code; and to waive, reduce, or	19212
terminate any community development charge of which it is the	19213
beneficiary to the extent not needed for any of the purposes	19214
provided in section 349.07 of the Revised Code, the procedure for	19215
which shall be provided in such covenants, and if new community	19216
authority bonds have been issued pledging any such community	19217
development charge, to the extent not prohibited in the resolution	19218
authorizing the issuance of such new community authority bonds or	19219
the trust agreement or indenture of mortgage securing the bonds;	19220

(R) Appropriate for its use, under sections 163.01 to 163.22	19221
of the Revised Code, any land, easement, rights, rights-of-way,	19222
franchises, or other property in the new community district	19223
required by the authority for community facilities. The authority	19224
may not so appropriate any land, easement, rights, rights-of-way,	19225
franchises, or other property that is not included in the new	19226
community district.	19227

(S) ~~In the case of a new community authority established on~~	19228
~~or after the effective date of this amendment and before January~~	19229
~~1, 2012, enter~~Enter into any agreements as may be necessary,	19230
appropriate, or useful to support a new community development	19231
program, including, but not limited to, cooperative agreements or	19232
other agreements with political subdivisions for services,	19233
materials, or products; for the administration, calculation, or	19234
collection of community development charges; or for sharing of	19235
revenue derived from community development charges, community	19236
facilities, or other sources. The agreements may be made with or	19237
without consideration as the parties determine.	19238

Sec. 349.07. (A) Notwithstanding any other rule of law, any	19239
covenant or agreement in deeds, land contracts, leases and any	19240
other instruments or conveyance by which real estate or any	19241
interest in real estate is conveyed by or to the developer or by	19242
the new community authority to any person or entity, including the	19243
developer, whereby such person or entity agrees, by acceptance of	19244
any such instrument of conveyance containing said covenant of	19245
agreement, to pay annually or semiannually a community development	19246
charge for the benefit and use of the new community authority to	19247
cover all or part of the cost of the acquisition, construction,	19248
operation and maintenance of land, land development and community	19249
facilities, the debt service thereof and any other cost incurred	19250
by the authority in the exercise of the powers granted by Chapter	19251
349. of the Revised Code shall be deemed to be a covenant running	19252
with the land and shall, in any event and without regard to	19253
technical classification, after such instrument has been duly	19254
recorded in the land records of the county, be fully binding on	19255
behalf of and enforceable by the new community authority against	19256
each such person or entity and all successors and assigns of the	19257
property conveyed by such instrument of conveyance.	19258

(B) No purchase agreement for any real estate or interest in	19259
real estate upon which a community development charge exists by	19260
reason of a covenant running with the land shall be enforceable by	19261
the seller or binding upon the purchaser unless such purchase	19262
agreement specifically refers to such community development charge	19263
and identifies the volume and page number of the deed records of	19264
the county in which the covenant running with the land	19265
establishing such community development charge is recorded,	19266
provided that in the event a conveyance of such real estate or	19267
interest in real estate is made pursuant to a purchase agreement	19268
which does not make such reference and identification, the	19269
covenant shall continue to be deemed to be a covenant running with	19270
the land fully binding on behalf of and enforceable by the	19271
community authority against such person or entity accepting the	19272
conveyance pursuant to such purchase agreement.	19273

(C) When any community development charge is not paid when	19274
due, in addition to any other remedies the new community authority	19275
shall have with respect to collection of such charges, the new	19276
community authority may certify the charge to the county auditor,	19277
who shall enter the unpaid charge on the tax list and duplicates	19278
of real property opposite the parcel against which it is charged,	19279
and certify the charge to the county treasurer. An unpaid	19280
community development charge is a lien on property against which	19281
it is charged from the date the charge is entered on the tax list,	19282
and shall be collected in the manner provided for the collection	19283
of real property taxes. Once the charge is collected, it shall be	19284
paid immediately to the new community district.	19285

(D) No community development charge established pursuant to	19286
this chapter shall be construed as prohibiting or limiting the	19287
taxing power of municipal corporations.	19288

Sec. 349.09. The issuance of new community authority bonds	19289
and notes or new community authority refunding bonds under this	19290
chapter need not comply with any other law applicable to the	19291
issuance of bonds or notes; however, sections 9.98 and 9.981 to	19292
9.983 and division (A) of section 133.03 of the Revised Code apply	19293
to such bonds and notes.	19294

Sec. 349.14. Except as provided in section 349.03 of the	19295
Revised Code, or as otherwise provided in a resolution adopted by	19296
the organizational board of commissioners~~, of a new community~~	19297
~~authority established on or after~~ ~~the effective date of this~~	19298
~~amendment~~ and before January 1, 2012, a new community authority	19299
organized under this chapter may be dissolved only on the vote of	19300
a majority of the voters of the new community district at a	19301
special election called by the board of trustees on the question	19302
of dissolution. Such an election may be called only after the	19303
board has determined that the new community development program	19304
has been completed, when no community authority bonds or notes are	19305
outstanding, and other legal indebtedness of the authority has	19306
been discharged or provided for, and only after there has been	19307
filed with the board of trustees a petition requesting such	19308
election, signed by a number of qualified electors residing in the	19309
new community district equal to not less than eight per cent of	19310
the total vote cast for all candidates for governor in the new	19311
community district at the most recent general election at which a	19312
governor was elected. If a majority of the votes cast favor	19313
dissolution, the board of trustees shall, by resolution, declare	19314
the authority dissolved and thereupon the community authority	19315
shall be dissolved. A certified copy of the resolution shall,	19316
within fifteen days after its adoption, be filed with the clerk of	19317
the organizational board of ~~county~~ commissioners ~~of the county in~~	19318
with which the petition for the organization of the new community	19319
authority was filed.	19320

Upon dissolution of a new community authority, the powers	19321
thereof shall cease to exist. Any property of the new community	19322
authority ~~which~~that is located within the corporate limits of a	19323
municipality shall vest in that municipal corporation and all	19324
other property of the community authority shall vest in the county	19325
or township in which said property is located, as provided in the	19326
resolution or petition providing for dissolution. Any vesting of	19327
property in a township shall be subject to acceptance of the	19328
property by resolution of the board of township trustees. Any	19329
funds of the community authority at the time of dissolution shall	19330
be transferred to the municipal corporation and county or	19331
township, as provided in the resolution or petition providing for	19332
dissolution, in which the new community district is located in the	19333
proportion to the assessed valuation of taxable real property of	19334
the new community authority within such municipal corporation and	19335
county or township as said valuation appears on the current	19336
assessment rolls.	19337

Sec. 349.17. (A) Any county, notwithstanding any other	19338
provision of law, may enter into an agreement with a new community	19339
authority within its boundaries for the purpose of designating the	19340
new community authority to act on behalf of the county in	19341
exercising the powers and performing the duties described in	19342
Chapter 5721. of the Revised Code with respect to delinquent	19343
property within the boundaries of the new community authority and	19344
the county, in the case that all or a portion of the community	19345
development charges related to the property are not paid when due.	19346

(B) An agreement as described in division (A) of this section	19347
may permit a new community authority to, on behalf of the county,	19348
elect that the alternative redemption period following an	19349
adjudication of foreclosure as set forth in section 323.78 of the	19350
Revised Code apply to foreclosures of property within the new	19351
community district as a result of nonpayment of community	19352
development charges, taxes, or other charges.	19353

(C) The powers extended to a community authority in this	19354
section shall not be construed as a limitation on the powers	19355
granted to a community authority under Chapter 349. of the Revised	19356
Code, but shall be construed as additional powers.	19357

Sec. 501.07. Lands described in division (A) of section	19358
501.06 of the Revised Code shall continue to be leased under the	19359
terms granted until such time as the lease may expire. At the time	19360
of expiration, subject to section 501.04 of the Revised Code, the	19361
land may be leased again by the board of education of the school	19362
district for whose benefit the land has been allocated or be	19363
offered for sale by public auction or by the receipt of sealed	19364
bids with the sale awarded by the school board to the highest	19365
bidder. Prior to the offering of these lands for sale, the school	19366
board shall have an appraisal made of these lands by at least two	19367
disinterested appraisers. Notification of the sale of these lands,	19368
including the minerals in or on these or other lands, shall be	19369
advertised ~~at least~~ once a week for two consecutive weeks, or as	19370
provided in section 7.16 of the Revised Code, in a newspaper of	19371
general circulation in the county in which the land is located. No	19372
bids shall be accepted for less than the appraised value of the	19373
land.	19374

Sec. 503.05. When a boundary line between townships is in	19375
dispute, the board of county commissioners, upon application of	19376
the board of township trustees of one of such townships, and upon	19377
notice in writing to the board of township trustees of such civil	19378
township, and on thirty days' public notice printed in a newspaper	19379
~~published~~of general circulation within the county, shall	19380
establish such boundary line and make a record thereof as provided	19381
by section 503.04 of the Revised Code.	19382

Sec. 503.162. (A) After certification of a resolution as	19383
provided in section 503.161 of the Revised Code, the board of	19384
elections shall submit the question of whether the township's name	19385
shall be changed to the electors of the unincorporated area of the	19386
township in accordance with division (C) of that section, and the	19387
ballot language shall be substantially as follows:	19388

"Shall the township of .......... (name) change its name to	19389
........ (proposed name)?	19390

.......... For name change

19391

.......... Against name change"

19392

(B)(1) At least forty-five days before the election on this	19393
question, the board of township trustees shall provide notice of	19394
the election and an explanation of the proposed name change in a	19395
newspaper of general circulation in the township once a week for	19396
two consecutive weeks ~~and~~or as provided in section 7.16 of the	19397
Revised Code. The board of township trustees shall post the notice	19398
and explanation in five conspicuous places in the unincorporated	19399
area of the township.	19400

(2) If the board of elections operates and maintains a web	19401
site, notice of the election and an explanation of the proposed	19402
name change shall be posted on that web site for at least thirty	19403
days before the election on this question.	19404

(C) If a majority of the votes cast on the proposition of	19405
changing the township's name is in the affirmative, the name	19406
change is adopted and becomes effective ninety days after the	19407
board of elections certifies the election results to the fiscal	19408
officer of the township. Upon receipt of the certification of the	19409
election results from the board of elections, the fiscal officer	19410
of the township shall send a copy of that certification to the	19411
secretary of state.	19412

(D) A change in the name of a township shall not alter the	19413
rights or liabilities of the township as previously named.	19414

Sec. 503.41. (A) A board of township trustees, by	19415
resolution, may regulate and require the registration of massage	19416
establishments and their employees within the unincorporated	19417
territory of the township. In accordance with sections 503.40 to	19418
503.49 of the Revised Code, for that purpose, the board, by a	19419
majority vote of all members, may adopt, amend, administer, and	19420
enforce regulations within the unincorporated territory of the	19421
township.	19422

(B) A board may adopt regulations and amendments under this	19423
section only after public hearing at not fewer than two regular	19424
sessions of the board. The board shall cause to be published in at	19425
~~least one~~a newspaper of general circulation in the township, or	19426
as provided in section 7.16 of the Revised Code, notice of the	19427
public hearings, including the time, date, and place, once a week	19428
for two weeks immediately preceding the hearings. The board shall	19429
make available proposed regulations or amendments to the public at	19430
the office of the board.	19431

(C) Regulations or amendments adopted by the board are	19432
effective thirty days after the date of adoption unless, within	19433
thirty days after the adoption of the regulations or amendments,	19434
the township fiscal officer receives a petition, signed by a	19435
number of qualified electors residing in the unincorporated area	19436
of the township equal to not less than ten per cent of the total	19437
vote cast for all candidates for governor in the area at the most	19438
recent general election at which a governor was elected,	19439
requesting the board to submit the regulations or amendments to	19440
the electors of the area for approval or rejection at the next	19441
primary or general election occurring at least ninety days after	19442
the board receives the petition.	19443

No regulation or amendment for which the referendum vote has	19444
been requested is effective unless a majority of the votes cast on	19445
the issue is in favor of the regulation or amendment. Upon	19446
certification by the board of elections that a majority of the	19447
votes cast on the issue was in favor of the regulation or	19448
amendment, the regulation or amendment takes immediate effect.	19449

(D) The board shall make available regulations it adopts or	19450
amends to the public at the office of the board and shall cause to	19451
be published once a notice of the availability of the regulations	19452
in ~~at least one~~a newspaper of general circulation in the township	19453
within ten days after their adoption or amendment.	19454

(E) Nothing in sections 503.40 to 503.49 of the Revised Code	19455
shall be construed to allow a board of township trustees to	19456
regulate the practice of any limited branch of medicine specified	19457
in section 4731.15 of the Revised Code or the practice of	19458
providing therapeutic massage by a licensed physician, a licensed	19459
chiropractor, a licensed podiatrist, a licensed nurse, or any	19460
other licensed health professional. As used in this division,	19461
"licensed" means licensed, certified, or registered to practice in	19462
this state.	19463

Sec. 504.02. (A) After certification of a resolution as	19464
provided in division (A) of section 504.01 of the Revised Code,	19465
the board of elections shall submit the question of whether to	19466
adopt a limited home rule government to the electors of the	19467
unincorporated area of the township, and the ballot language shall	19468
be substantially as follows:	19469

"Shall the township of ........... (name) adopt a limited	19470
home rule government, under which government the board of township	19471
trustees, by resolution, may exercise limited powers of local	19472
self-government and limited police powers?	19473

......		For adoption of a limited home rule government		19474
......		Against adoption of a limited home rule government"		19475

(B)(1) At least forty-five days before the election on this	19476
question, the board of township trustees shall have notice of the	19477
election and a description of the proposed limited home rule	19478
government published in a newspaper of general circulation in the	19479
township once a week for two consecutive weeks or as provided in	19480
section 7.16 of the Revised Code, and shall have the notice and	19481
description posted in five conspicuous places in the	19482
unincorporated area of the township.	19483

(2) If a board of elections operates and maintains a web	19484
site, notice of the election and a description of the proposed	19485
limited home rule government shall be posted on that web site for	19486
at least thirty days before the election on this question.	19487

(C) If a majority of the votes cast on the proposition of	19488
adopting a limited home rule government is in the affirmative,	19489
that government is adopted and becomes the government of the	19490
township on the first day of January immediately following the	19491
election.	19492

Sec. 504.03. (A)(1) If a limited home rule government is	19493
adopted pursuant to section 504.02 of the Revised Code, it shall	19494
remain in effect for at least three years except as otherwise	19495
provided in division (B) of this section. At the end of that	19496
period, if the board of township trustees determines that that	19497
government is not in the best interests of the township, it may	19498
adopt a resolution causing the board of elections to submit to the	19499
electors of the unincorporated area of the township the question	19500
of whether the township should continue the limited home rule	19501
government. The question shall be voted upon at the next general	19502
election occurring at least ninety days after the certification of	19503
the resolution to the board of elections. After certification of	19504
the resolution, the board of elections shall submit the question	19505
to the electors of the unincorporated area of the township, and	19506
the ballot language shall be substantially as follows:	19507

"Shall the township of ........... (name) continue the	19508
limited home rule government under which it is operating?	19509

......		For continuation of the limited home rule government		19510
......		Against continuation of the limited home rule government"		19511

(2)(a) At least forty-five days before the election on the	19512
question of continuing the limited home rule government, the board	19513
of township trustees shall have notice of the election published	19514
in a newspaper of general circulation in the township once a week	19515
for two consecutive weeks or as provided in section 7.16 of the	19516
Revised Code, and shall have the notice posted in five conspicuous	19517
places in the unincorporated area of the township.	19518

(b) If a board of elections operates and maintains a web	19519
site, notice of the election shall be posted on that web site for	19520
at least thirty days before the election on the question of	19521
continuing the limited home rule government.	19522

(B) The electors of a township that has adopted a limited	19523
home rule government may propose at any time by initiative	19524
petition, in accordance with section 504.14 of the Revised Code, a	19525
resolution submitting to the electors in the unincorporated area	19526
of the township, in an election, the question set forth in	19527
division (A)(1) of this section.	19528

(C) If a majority of the votes cast under division (A) or (B)	19529
of this section on the proposition of continuing the limited home	19530
rule government is in the negative, that government is terminated	19531
effective on the first day of January immediately following the	19532
election, and a limited home rule government shall not be adopted	19533
in the unincorporated area of the township pursuant to section	19534
504.02 of the Revised Code for at least three years after that	19535
date.	19536

(D) If a limited home rule government is terminated under	19537
this section, the board of township trustees immediately shall	19538
adopt a resolution repealing all resolutions adopted pursuant to	19539
this chapter that are not authorized by any other section of the	19540
Revised Code outside this chapter, effective on the first day of	19541
January immediately following the election described in division	19542
(A) or (B) of this section. However, no resolution adopted under	19543
this division shall affect or impair the obligations of the	19544
township under any security issued or contracts entered into by	19545
the township in connection with the financing of any water supply	19546
facility or sewer improvement under sections 504.18 to 504.20 of	19547
the Revised Code or the authority of the township to collect or	19548
enforce any assessments or other revenues constituting security	19549
for or source of payments of debt service charges of those	19550
securities.	19551

(E) Upon the termination of a limited home rule government	19552
under this section, if the township had converted its board of	19553
township trustees to a five-member board before September 26,	19554
2003, the current board member who received the lowest number of	19555
votes of the current board members who were elected at the most	19556
recent election for township trustees, and the current board	19557
member who received the lowest number of votes of the current	19558
board members who were elected at the second most recent election	19559
for township trustees, shall cease to be township trustees on the	19560
date that the limited home rule government terminates. Their	19561
offices likewise shall cease to exist at that time, and the board	19562
shall continue as a three-member board as provided in section	19563
505.01 of the Revised Code.	19564

Sec. 504.12. No resolution and no section or numbered or	19565
lettered division of a section shall be revised or amended unless	19566
the new resolution contains the entire resolution, section, or	19567
division as revised or amended, and the resolution, section, or	19568
division so amended shall be repealed. This requirement does not	19569
prevent the amendment of a resolution by the addition of a new	19570
section, or division, and in this case the full text of the former	19571
resolution need not be set forth, nor does this section prevent	19572
repeals by implication. Except in the case of a codification or	19573
recodification of resolutions, a separate vote shall be taken on	19574
each resolution proposed to be amended. Resolutions that have been	19575
introduced and have received their first reading or their first	19576
and second readings, but have not been voted on for passage, may	19577
be amended or revised by a majority vote of the members of the	19578
board of township trustees, and the amended or revised resolution	19579
need not receive additional readings.	19580

The board of township trustees of a limited home rule	19581
township may revise, codify, and publish in book form the	19582
resolutions of the township in the same manner as provided in	19583
section 731.23 of the Revised Code for municipal corporations.	19584
Resolutions adopted by the board shall be published in the same	19585
manner as provided by sections 731.21, 731.22, 731.24, 731.25, and	19586
731.26 of the Revised Code for municipal corporations, except that	19587
they shall be published in ~~newspapers circulating~~a newspaper of	19588
general circulation within the township. The fiscal officer of the	19589
township shall perform the duties that the clerk of the	19590
legislative authority of a municipal corporation is required to	19591
perform under those sections.	19592

The procedures provided in this section apply only to	19593
resolutions adopted pursuant to a township's limited home rule	19594
powers as authorized by this chapter.	19595

Sec. 504.21. (A) The board of township trustees of a	19596
township that has adopted a limited home rule government may, for	19597
the unincorporated territory in the township, adopt, amend, and	19598
rescind rules establishing technically feasible and economically	19599
reasonable standards to achieve a level of management and	19600
conservation practices that will abate wind or water erosion of	19601
the soil or abate the degradation of the waters of the state by	19602
soil sediment in conjunction with land grading, excavating,	19603
filling, or other soil disturbing activities on land used or being	19604
developed in the township for nonfarm commercial, industrial,	19605
residential, or other nonfarm purposes, and establish criteria for	19606
determination of the acceptability of those management and	19607
conservation practices. The rules shall be designed to implement	19608
the applicable areawide waste treatment management plan prepared	19609
under section 208 of the "Federal Water Pollution Control Act," 86	19610
Stat. 816 (1972), 33 U.S.C.A. 1228, as amended, and to implement	19611
phase II of the storm water program of the national pollutant	19612
discharge elimination system established in 40 C.F.R. Part 122.	19613
The rules to implement phase II of the storm water program of the	19614
national pollutant discharge elimination system shall not be	19615
inconsistent with, more stringent than, or broader in scope than	19616
the rules or regulations adopted by the environmental protection	19617
agency under 40 C.F.R. Part 122. The rules adopted under this	19618
section shall not apply inside the limits of municipal	19619
corporations, to lands being used in a strip mine operation as	19620
defined in section 1513.01 of the Revised Code, or to land being	19621
used in a surface mine operation as defined in section 1514.01 of	19622
the Revised Code.	19623

The rules adopted under this section may require persons to	19624
file plans governing erosion control, sediment control, and water	19625
management before clearing, grading, excavating, filling, or	19626
otherwise wholly or partially disturbing one or more contiguous	19627
acres of land owned by one person or operated as one development	19628
unit for the construction of nonfarm buildings, structures,	19629
utilities, recreational areas, or other similar nonfarm uses. If	19630
the rules require plans to be filed, the rules shall do all of the	19631
following:	19632

(1) Designate the board itself, its employees, or another	19633
agency or official to review and approve or disapprove the plans;	19634

(2) Establish procedures and criteria for the review and	19635
approval or disapproval of the plans;	19636

(3) Require the designated entity to issue a permit to a	19637
person for the clearing, grading, excavating, filling, or other	19638
project for which plans are approved and to deny a permit to a	19639
person whose plans have been disapproved;	19640

(4) Establish procedures for the issuance of the permits;

19641

(5) Establish procedures under which a person may appeal the	19642
denial of a permit.	19643

Areas of less than one contiguous acre shall not be exempt	19644
from compliance with other provisions of this section or rules	19645
adopted under this section. The rules adopted under this section	19646
may impose reasonable filing fees for plan review, permit	19647
processing, and field inspections.	19648

No permit or plan shall be required for a public highway,	19649
transportation, or drainage improvement or maintenance project	19650
undertaken by a government agency or political subdivision in	19651
accordance with a statement of its standard sediment control	19652
policies that is approved by the board or the chief of the	19653
division of soil and water resources in the department of natural	19654
resources.	19655

(B) Rules or amendments may be adopted under this section	19656
only after public hearings at not fewer than two regular sessions	19657
of the board of township trustees. The board shall cause to be	19658
published, in a newspaper of general circulation in the township,	19659
notice of the public hearings, including time, date, and place,	19660
once a week for two weeks immediately preceding the hearings, or	19661
as provided in section 7.16 of the Revised Code. The proposed	19662
rules or amendments shall be made available by the board to the	19663
public at the board office or other location indicated in the	19664
notice. The rules or amendments shall take effect on the	19665
thirty-first day following the date of their adoption.	19666

(C) The board of township trustees may employ personnel to	19667
assist in the administration of this section and the rules adopted	19668
under it. The board also, if the action does not conflict with the	19669
rules, may delegate duties to review sediment control and water	19670
management plans to its employees, and may enter into agreements	19671
with one or more political subdivisions, other township officials,	19672
or other government agencies, in any combination, in order to	19673
obtain reviews and comments on plans governing erosion control,	19674
sediment control, and water management or to obtain other services	19675
for the administration of the rules adopted under this section.	19676

(D) The board of township trustees or any duly authorized	19677
representative of the board may, upon identification to the owner	19678
or person in charge, enter any land upon obtaining agreement with	19679
the owner, tenant, or manager of the land in order to determine	19680
whether there is compliance with the rules adopted under this	19681
section. If the board or its duly authorized representative is	19682
unable to obtain such an agreement, the board or representative	19683
may apply for, and a judge of the court of common pleas for the	19684
county where the land is located may issue, an appropriate	19685
inspection warrant as necessary to achieve the purposes of this	19686
section.	19687

(E)(1) If the board of township trustees or its duly	19688
authorized representative determines that a violation of the rules	19689
adopted under this section exists, the board or representative may	19690
issue an immediate stop work order if the violator failed to	19691
obtain any federal, state, or local permit necessary for sediment	19692
and erosion control, earth movement, clearing, or cut and fill	19693
activity. In addition, if the board or representative determines	19694
such a rule violation exists, regardless of whether or not the	19695
violator has obtained the proper permits, the board or	19696
representative may authorize the issuance of a notice of	19697
violation. If, after a period of not less than thirty days has	19698
elapsed following the issuance of the notice of violation, the	19699
violation continues, the board or its duly authorized	19700
representative shall issue a second notice of violation. Except as	19701
provided in division (E)(3) of this section, if, after a period of	19702
not less than fifteen days has elapsed following the issuance of	19703
the second notice of violation, the violation continues, the board	19704
or its duly authorized representative may issue a stop work order	19705
after first obtaining the written approval of the prosecuting	19706
attorney of the county in which the township is located if, in the	19707
opinion of the prosecuting attorney, the violation is egregious.	19708

Once a stop work order is issued, the board or its duly	19709
authorized representative shall request, in writing, the	19710
prosecuting attorney to seek an injunction or other appropriate	19711
relief in the court of common pleas to abate excessive erosion or	19712
sedimentation and secure compliance with the rules adopted under	19713
this section. If the prosecuting attorney seeks an injunction or	19714
other appropriate relief, then, in granting relief, the court of	19715
common pleas may order the construction of sediment control	19716
improvements or implementation of other control measures and may	19717
assess a civil fine of not less than one hundred or more than five	19718
hundred dollars. Each day of violation of a rule or stop work	19719
order issued under this section shall be considered a separate	19720
violation subject to a civil fine.	19721

(2) The person to whom a stop work order is issued under this	19722
section may appeal the order to the court of common pleas of the	19723
county in which it was issued, seeking any equitable or other	19724
appropriate relief from that order.	19725

(3) No stop work order shall be issued under this section	19726
against any public highway, transportation, or drainage	19727
improvement or maintenance project undertaken by a government	19728
agency or political subdivision in accordance with a statement of	19729
its standard sediment control policies that is approved by the	19730
board or the chief of the division of soil and water resources in	19731
the department of natural resources.	19732

(F) No person shall violate any rule adopted or order issued	19733
under this section. Notwithstanding division (E) of this section,	19734
if the board of township trustees determines that a violation of	19735
any rule adopted or administrative order issued under this section	19736
exists, the board may request, in writing, the prosecuting	19737
attorney of the county in which the township is located, to seek	19738
an injunction or other appropriate relief in the court of common	19739
pleas to abate excessive erosion or sedimentation and secure	19740
compliance with the rules or order. In granting relief, the court	19741
of common pleas may order the construction of sediment control	19742
improvements or implementation of other control measures and may	19743
assess a civil fine of not less than one hundred or more than five	19744
hundred dollars. Each day of violation of a rule adopted or	19745
administrative order issued under this section shall be considered	19746
a separate violation subject to a civil fine.	19747

Sec. 505.101. The board of township trustees of any township	19748
may, by resolution, enter into a contract, without advertising or	19749
bidding, for the purchase or sale of materials, equipment, or	19750
supplies from or to any department, agency, or political	19751
subdivision of the state, for the purchase of services with a soil	19752
and water conservation district established under Chapter 1515. of	19753
the Revised Code, or for the purchase of supplies, services,	19754
materials, and equipment with a regional planning commission	19755
pursuant to division (D) of section 713.23 of the Revised Code, or	19756
for the purchase of services from an educational service center	19757
under section 3313.846 of the Revised Code. The resolution shall:	19758

(A) Set forth the maximum amount to be paid as the purchase	19759
price for the materials, equipment, supplies, or services;	19760

(B) Describe the type of materials, equipment, supplies, or	19761
services that are to be purchased;	19762

(C) Appropriate sufficient funds to pay the purchase price	19763
for the materials, equipment, supplies, or services, except that	19764
no such appropriation is necessary if funds have been previously	19765
appropriated for the purpose and remain unencumbered at the time	19766
the resolution is adopted.	19767

Sec. 505.108. Except as otherwise provided in this section	19768
and unless the property involved is required to be disposed of	19769
pursuant to another section of the Revised Code, property that is	19770
unclaimed for ninety days or more shall be sold by the chief of	19771
police or other head of the organized police department of the	19772
township, township police district, joint township police	19773
district, or office of a township constable at public auction,	19774
after notice of the sale has been provided by publication once a	19775
week for three successive weeks in a newspaper of general	19776
circulation, or as provided in section 7.16 of the Revised Code,	19777
in the county, or counties, if appropriate, in the case of a joint	19778
township police district. The proceeds of the sale shall be paid	19779
to the fiscal officer of the township and credited to the township	19780
general fund, except that, in the case of a joint township police	19781
district, the proceeds of a sale shall be paid to the fiscal	19782
officer of the most populous participating township and credited	19783
to the appropriate township general fund or funds according to	19784
agreement of the participating townships.	19785

If authorized to do so by a resolution adopted by the board	19786
of township trustees or, in the case of a joint township police	19787
district, each participating board of township trustees, and if	19788
the property involved is not required to be disposed of pursuant	19789
to another section of the Revised Code, the head of the	19790
department, district, or office may contribute property that is	19791
unclaimed for ninety days or more to one or more public agencies,	19792
to one or more nonprofit organizations no part of the net income	19793
of which inures to the benefit of any private shareholder or	19794
individual and no substantial part of the activities of which	19795
consists of carrying on propaganda or otherwise attempting to	19796
influence legislation, or to one or more organizations satisfying	19797
section 501(c)(3) or (c)(19) of the Internal Revenue Code of 1986.	19798

Sec. 505.17. (A) Except in a township or portion of a	19799
township that is within the limits of a municipal corporation, the	19800
board of township trustees may make regulations and orders as are	19801
necessary to control passenger car, motorcycle, and internal	19802
combustion engine noise, as permitted under section 4513.221 of	19803
the Revised Code, and all vehicle parking in the township. This	19804
authorization includes, among other powers, the power to regulate	19805
parking on established roadways proximate to buildings on private	19806
property as necessary to provide access to the property by public	19807
safety vehicles and equipment, if the property is used for	19808
commercial purposes, the public is permitted to use the parking	19809
area, and accommodation for more than ten motor vehicles is	19810
provided, and the power to authorize the issuance of orders	19811
limiting or prohibiting parking on any township street or highway	19812
during a snow emergency declared pursuant to a snow-emergency	19813
authorization adopted under this division. All such regulations	19814
and orders shall be subject to the limitations, restrictions, and	19815
exceptions in sections 4511.01 to 4511.76 and 4513.02 to 4513.37	19816
of the Revised Code.	19817

A board of township trustees may adopt a general	19818
snow-emergency authorization, which becomes effective under	19819
division (B)(1) of this section, allowing the president of the	19820
board or some other person specified in the authorization to issue	19821
an order declaring a snow emergency and limiting or prohibiting	19822
parking on any township street or highway during the snow	19823
emergency. Any such order becomes effective under division (B)(2)	19824
of this section. Each general snow-emergency authorization adopted	19825
under this division shall specify the weather conditions under	19826
which a snow emergency may be declared in that township.	19827

(B)(1) All regulations and orders, including any	19828
snow-emergency authorization established by the board under this	19829
section, except for an order declaring a snow emergency as	19830
provided in division (B)(2) of this section, shall be posted by	19831
the township fiscal officer in five conspicuous public places in	19832
the township for thirty days before becoming effective, and shall	19833
be published in a newspaper of general circulation in the township	19834
for three consecutive weeks or as provided in section 7.16 of the	19835
Revised Code. In addition to these requirements, no general	19836
snow-emergency authorization shall become effective until	19837
permanent signs giving notice that parking is limited or	19838
prohibited during a snow emergency are properly posted, in	19839
accordance with any applicable standards adopted by the department	19840
of transportation, along streets or highways specified in the	19841
authorization.	19842

(2) Pursuant to the adoption of a snow-emergency	19843
authorization under this section, an order declaring a snow	19844
emergency becomes effective two hours after the president of the	19845
board or the other person specified in the general snow-emergency	19846
authorization makes an announcement of a snow emergency to the	19847
local news media. The president or other specified person shall	19848
request the local news media to announce that a snow emergency has	19849
been declared, the time the declaration will go into effect, and	19850
whether the snow emergency will remain in effect for a specified	19851
period of time or indefinitely until canceled by a subsequent	19852
announcement to the local news media by the president or other	19853
specified person.	19854

(C) Such regulations and orders may be enforced where traffic	19855
control devices conforming to section 4511.09 of the Revised Code	19856
are prominently displayed. Parking regulations authorized by this	19857
section do not apply to any state highway unless the parking	19858
regulations are approved by the director of transportation.	19859

(D) A board of township trustees or its designated agent may	19860
order into storage any vehicle parked in violation of a township	19861
parking regulation or order, if the violation is not one that is	19862
required to be handled pursuant to Chapter 4521. of the Revised	19863
Code. The owner or any lienholder of a vehicle ordered into	19864
storage may claim the vehicle upon presentation of proof of	19865
ownership, which may be evidenced by a certificate of title to the	19866
vehicle, and payment of all expenses, charges, and fines incurred	19867
as a result of the parking violation and removal and storage of	19868
the vehicle.	19869

(E) Whoever violates any regulation or order adopted pursuant	19870
to this section is guilty of a minor misdemeanor, unless the	19871
township has enacted a regulation pursuant to division (A) of	19872
section 4521.02 of the Revised Code, that specifies that the	19873
violation shall not be considered a criminal offense and shall be	19874
handled pursuant to Chapter 4521. of the Revised Code. Fines	19875
levied and collected under this section shall be paid into the	19876
township general revenue fund.	19877

Sec. 505.264. (A) As used in this section, "energy	19878
conservation measure" means an installation or modification of an	19879
installation in, or remodeling of, an existing building, to reduce	19880
energy consumption. It includes the following:	19881

(1) Insulation of the building structure and of systems	19882
within the building;	19883

(2) Storm windows and doors, multiglazed windows and doors,	19884
heat-absorbing or heat-reflective glazed and coated window and	19885
door systems, additional glazing, reductions in glass area, and	19886
other window and door system modifications that reduce energy	19887
consumption;	19888

(3) Automatic energy control systems;

19889

(4) Heating, ventilating, or air conditioning system	19890
modifications or replacements;	19891

(5) Caulking and weatherstripping;

19892

(6) Replacement or modification of lighting fixtures to	19893
increase the energy efficiency of the system without increasing	19894
the overall illumination of a facility, unless an increase in	19895
illumination is necessary to conform to the applicable state or	19896
local building code for the proposed lighting system;	19897

(7) Energy recovery systems;

19898

(8) Cogeneration systems that produce steam or forms of	19899
energy such as heat, as well as electricity, for use primarily	19900
within a building or complex of buildings;	19901

(9) Any other modification, installation, or remodeling	19902
approved by the board of township trustees as an energy	19903
conservation measure.	19904

(B) For the purpose of evaluating township buildings for	19905
energy conservation measures, a township may contract with an	19906
architect, professional engineer, energy services company,	19907
contractor, or other person experienced in the design and	19908
implementation of energy conservation measures for a report that	19909
analyzes the buildings' energy needs and presents recommendations	19910
for building installations, modifications of existing	19911
installations, or building remodeling that would significantly	19912
reduce energy consumption in the buildings owned by that township.	19913
The report shall include estimates of all costs of the	19914
installations, modifications, or remodeling, including costs of	19915
design, engineering, installation, maintenance, and repairs, and	19916
estimates of the amounts by which energy consumption could be	19917
reduced.	19918

(C) A township desiring to implement energy conservation	19919
measures may proceed under either of the following methods:	19920

(1) Using a report or any part of a report prepared under	19921
division (B) of this section, advertise for bids and comply with	19922
the bidding procedures set forth in sections 307.86 to 307.92 of	19923
the Revised Code;	19924

(2) Request proposals from at least three vendors for the	19925
implementation of energy conservation measures. Prior to sending	19926
any installer of energy conservation measures a copy of any such	19927
request, the township shall advertise its intent to request	19928
proposals for the installation of energy conservation measures in	19929
a newspaper of general circulation in the township once a week for	19930
two consecutive weeks or as provided in section 7.16 of the	19931
Revised Code. The notice shall state that the township intends to	19932
request proposals for the installation of energy conservation	19933
measures; indicate the date, which shall be at least ten days	19934
after the second publication, on which the request for proposals	19935
will be mailed to installers of energy conservation measures; and	19936
state that any installer of energy conservation measures	19937
interested in receiving the request for proposal shall submit	19938
written notice to the township not later than noon of the day on	19939
which the request for proposal will be mailed.	19940

Upon receiving the proposals, the township shall analyze them	19941
and select the proposal or proposals most likely to result in the	19942
greatest energy savings considering the cost of the project and	19943
the township's ability to pay for the improvements with current	19944
revenues or by financing the improvements. The awarding of a	19945
contract to install energy conservation measures under division	19946
(C)(2) of this section shall be conditioned upon a finding by the	19947
township that the amount of money spent on energy savings measures	19948
is not likely to exceed the amount of money the township would	19949
save in energy and operating costs over ten years or a lesser	19950
period as determined by the township or, in the case of contracts	19951
for cogeneration systems, over five years or a lesser period as	19952
determined by the township. Nothing in this section prohibits a	19953
township from rejecting all proposals or from selecting more than	19954
one proposal.	19955

(D) A board of township trustees may enter into an	19956
installment payment contract for the purchase and installation of	19957
energy conservation measures. Any provisions of those installment	19958
payment contracts that deal with interest charges and financing	19959
terms shall not be subject to the competitive bidding procedures	19960
of section 307.86 of the Revised Code. Unless otherwise approved	19961
by a resolution of the board, an installment payment contract	19962
entered into by a board of township trustees under this section	19963
shall require the board to contract in accordance with the	19964
procedures set forth in section 307.86 of the Revised Code for the	19965
installation, modification, or remodeling of energy conservation	19966
measures pursuant to this section.	19967

(E) The board may issue securities of the township specifying	19968
the terms of the purchase and securing the deferred payments,	19969
payable at the times provided and bearing interest at a rate not	19970
exceeding the rate determined as provided in section 9.95 of the	19971
Revised Code. The maximum maturity of the securities shall be as	19972
provided in division (B)(7)(g) of section 133.20 of the Revised	19973
Code. The securities may contain an option for prepayment and	19974
shall not be subject to Chapter 133. of the Revised Code. Revenues	19975
derived from local taxes or otherwise, for the purpose of	19976
conserving energy or for defraying the current operating expenses	19977
of the township, may be applied to the payment of interest and the	19978
retirement of the securities. The securities may be sold at	19979
private sale or given to the contractor under the installment	19980
payment contract authorized by division (D) of this section.	19981

(F) Debt incurred under this section shall not be included in	19982
the calculation of the net indebtedness of a township under	19983
section 133.09 of the Revised Code.	19984

Sec. 505.28. The board of township trustees may create a	19985
waste disposal district under sections 505.27 to 505.33 of the	19986
Revised Code, by a unanimous vote of the board and give notice	19987
thereof by a publication in ~~two newspapers~~a newspaper of general	19988
circulation in the township. If, within thirty days after such	19989
publication, a protest petition is filed with the board, signed by	19990
at least fifty per cent of the electors residing in the district,	19991
the act of the board in creating such district shall be void. If a	19992
petition is filed with the board asking for the creation of such a	19993
district in the township, accompanied by a map clearly showing the	19994
boundaries of such district, and signed by at least sixty-five per	19995
cent of the electors residing therein, with addresses of such	19996
signers, the board shall, within sixty days, create such a	19997
district.	19998

Each district shall be given a name, and the entire cost of	19999
any necessary equipment and labor shall be apportioned against	20000
each district by the respective boards.	20001

Sec. 505.373. The board of township trustees may, by	20002
resolution, adopt by incorporation by reference a standard code	20003
pertaining to fire, fire hazards, and fire prevention prepared and	20004
promulgated by the state or any department, board, or other agency	20005
of the state, or any such code prepared and promulgated by a	20006
public or private organization that publishes a model or standard	20007
code.	20008

After the adoption of the code by the board, a notice clearly	20009
identifying the code, stating the purpose of the code, and stating	20010
that a complete copy of the code is on file with the township	20011
fiscal officer for inspection by the public and also on file in	20012
the law library of the county in which the township is located and	20013
that the fiscal officer has copies available for distribution to	20014
the public at cost, shall be posted by the fiscal officer in five	20015
conspicuous places in the township for thirty days before becoming	20016
effective. The notice required by this section shall also be	20017
published in a newspaper of general circulation in the township	20018
once a week for three consecutive weeks or as provided in section	20019
7.16 of the Revised Code. If the adopting township amends or	20020
deletes any provision of the code, the notice shall contain a	20021
brief summary of the deletion or amendment.	20022

If the agency that originally promulgated or published the	20023
code thereafter amends the code, any township that has adopted the	20024
code pursuant to this section may adopt the amendment or change by	20025
incorporation by reference in the same manner as provided for	20026
adoption of the original code.	20027

Sec. 505.55. In the event that need for a township police	20028
district ceases to exist, the township trustees by a two-thirds	20029
vote of the board shall adopt a resolution specifying the date	20030
that the township police district shall cease to exist and provide	20031
for the disposal of all property belonging to the district by	20032
public sale. Such sale must be by public auction and upon notice	20033
thereof being published once a week for three weeks in a newspaper	20034
~~published, or~~ of general circulation in such township~~, the~~or as	20035
provided in section 7.16 of the Revised Code. The last of such	20036
publications toshall be made at least five days before the date	20037
of the sale. Any moneys remaining after the dissolution of the	20038
district or received from the public sale of property shall be	20039
paid into the treasury of the township and may be expended for any	20040
public purpose when duly authorized by the township board of	20041
trustees.	20042

Sec. 505.73. (A) The board of township trustees may, by	20043
resolution, adopt by incorporation by reference, administer, and	20044
enforce within the unincorporated area of the township an existing	20045
structures code pertaining to the repair and continued maintenance	20046
of structures and the premises of those structures. For that	20047
purpose, the board shall adopt any model or standard code prepared	20048
and promulgated by this state, any department, board, or agency of	20049
this state, or any public or private organization that publishes a	20050
recognized model or standard code on the subject. The board shall	20051
ensure that the code adopted governs subject matter not addressed	20052
by the state residential building code and that it is fully	20053
compatible with the state residential and nonresidential building	20054
codes the board of building standards adopts pursuant to section	20055
3781.10 of the Revised Code.	20056

(B) The board shall assign the duties of administering and	20057
enforcing the existing structures code to a township officer or	20058
employee who is trained and qualified for those duties and shall	20059
establish by resolution the minimum qualifications necessary to	20060
perform those duties.	20061

(C)(1) After the board adopts an existing structures code,	20062
the township fiscal officer shall post a notice that clearly	20063
identifies the code, states the code's purpose, and states that a	20064
complete copy of the code is on file for inspection by the public	20065
with the fiscal officer and in the county law library and that the	20066
fiscal officer has copies available for distribution to the public	20067
at cost.	20068

(2) The township fiscal officer shall post the notice in five	20069
conspicuous places in the township for thirty days before the code	20070
becomes effective and shall publish the notice in a newspaper of	20071
general circulation in the township for three consecutive weeks or	20072
as provided in section 7.16 of the Revised Code. If the adopting	20073
township amends or deletes any provision of the code, the notice	20074
shall contain a brief summary of the deletion or amendment.	20075

(D) If the agency that originally promulgated or published	20076
the existing structures code amends the code, the board may adopt	20077
the amendment or change by incorporation by reference in the	20078
manner provided for the adoption of the original code.	20079

Sec. 507.09. (A) Except as otherwise provided in division	20080
(D) of this section, the township fiscal officer shall be entitled	20081
to compensation as follows:	20082

(1) In townships having a budget of fifty thousand dollars or	20083
less, three thousand five hundred dollars;	20084

(2) In townships having a budget of more than fifty thousand	20085
but not more than one hundred thousand dollars, five thousand five	20086
hundred dollars;	20087

(3) In townships having a budget of more than one hundred	20088
thousand but not more than two hundred fifty thousand dollars,	20089
seven thousand seven hundred dollars;	20090

(4) In townships having a budget of more than two hundred	20091
fifty thousand but not more than five hundred thousand dollars,	20092
nine thousand nine hundred dollars;	20093

(5) In townships having a budget of more than five hundred	20094
thousand but not more than seven hundred fifty thousand dollars,	20095
eleven thousand dollars;	20096

(6) In townships having a budget of more than seven hundred	20097
fifty thousand but not more than one million five hundred thousand	20098
dollars, thirteen thousand two hundred dollars;	20099

(7) In townships having a budget of more than one million	20100
five hundred thousand but not more than three million five hundred	20101
thousand dollars, fifteen thousand four hundred dollars;	20102

(8) In townships having a budget of more than three million	20103
five hundred thousand dollars but not more than six million	20104
dollars, sixteen thousand five hundred dollars;	20105

(9) In townships having a budget of more than six million	20106
dollars, seventeen thousand six hundred dollars.	20107

(B) Any township fiscal officer may elect to receive less	20108
than the compensation the fiscal officer is entitled to under	20109
division (A) of this section. Any township fiscal officer electing	20110
to do this shall so notify the board of township trustees in	20111
writing, and the board shall include this notice in the minutes of	20112
its next board meeting.	20113

(C) The compensation of the township fiscal officer shall be	20114
paid in equal monthly payments. If the office of township fiscal	20115
officer is held by more than one person during any calendar year,	20116
each person holding the office shall receive payments for only	20117
those months, and any fractions of those months, during which the	20118
person holds the office.	20119

The board of township trustees may establish, by resolution,	20120
a method of compensating the township fiscal officer from the	20121
township general fund or from other township funds based on the	20122
proportion of time the township fiscal officer spends providing	20123
services related to each fund. If the board adopts such a	20124
resolution, the board shall require the township fiscal officer to	20125
document and to notify the board periodically of the amount of	20126
time the township fiscal officer spends providing services related	20127
to each fund.	20128

(D) Beginning in calendar year 1999, the township fiscal	20129
officer shall be entitled to compensation as follows:	20130

(1) In calendar year 1999, the compensation specified in	20131
division (A) of this section increased by three per cent;	20132

(2) In calendar year 2000, the compensation determined under	20133
division (D)(1) of this section increased by three per cent;	20134

(3) In calendar year 2001, the compensation determined under	20135
division (D)(2) of this section increased by three per cent;	20136

(4) In calendar year 2002, except in townships having a	20137
budget of more than six million dollars, the compensation	20138
determined under division (D)(3) of this section increased by	20139
three per cent; in townships having a budget of more than six	20140
million but not more than ten million dollars, nineteen thousand	20141
eight hundred ten dollars; and in townships having a budget of	20142
more than ten million dollars, twenty thousand nine hundred	20143
dollars;	20144

(5) In calendar year 2003, the compensation determined under	20145
division (D)(4) of this section increased by three per cent or the	20146
percentage increase in the consumer price index as described in	20147
division (D)(7)(b) of this section, whichever percentage is lower;	20148

(6) In calendar year 2004, except in townships having a	20149
budget of more than six million dollars, the compensation	20150
determined under division (D)(5) of this section for the calendar	20151
year 2003 increased by three per cent or the percentage increase	20152
in the consumer price index as described in division (D)(7)(b) of	20153
this section, whichever percentage is lower; in townships having a	20154
budget of more than six million but not more than ten million	20155
dollars, twenty-two thousand eighty-seven dollars; and in	20156
townships having a budget of more than ten million dollars,	20157
twenty-five thousand five hundred fifty-three dollars;	20158

(7) In calendar years 2005 through 2008, the compensation	20159
determined under division (D) of this section for the immediately	20160
preceding calendar year increased by the lesser of the following:	20161

(a) Three per cent;

20162

(b) The percentage increase, if any, in the consumer price	20163
index over the twelve-month period that ends on the thirtieth day	20164
of September of the immediately preceding calendar year, rounded	20165
to the nearest one-tenth of one per cent;	20166

(8) In calendar year 2009 and thereafter, the amount	20167
determined under division (D) of this section for calendar year	20168
2008.	20169

As used in this division, "consumer price index" has the same	20170
meaning as in section 325.18 of the Revised Code.	20171

Sec. 511.23. (A) When the vote under section 511.22 of the	20172
Revised Code is in favor of establishing one or more public parks,	20173
the board of park commissioners shall constitute a board, to be	20174
called the board of park commissioners of that township park	20175
district, and they shall be a body politic and corporate. Their	20176
office is not a township office within the meaning of section	20177
703.22 of the Revised Code but is an office of the township park	20178
district. The members of the board shall serve without	20179
compensation but shall be allowed their actual and necessary	20180
expenses incurred in the performance of their duties.	20181

(B) The board may locate, establish, improve, maintain, and	20182
operate a public park or parks in accordance with division (B) of	20183
section 511.18 of the Revised Code, with or without recreational	20184
facilities. Any township park district that contains only	20185
unincorporated territory and that operated a public park or parks	20186
outside the township immediately prior to July 18, 1990, may	20187
continue to improve, maintain, and operate these parks outside the	20188
township, but further acquisitions of land shall not affect the	20189
boundaries of the park district itself or the appointing authority	20190
for the board of park commissioners.	20191

The board may lease, accept a conveyance of, or purchase	20192
suitable lands for cash, by purchase by installment payments with	20193
or without a mortgage, by lease or lease-purchase agreements, or	20194
by lease with option to purchase, may acquire suitable lands	20195
through an exchange under section 511.241 of the Revised Code, or	20196
may appropriate suitable lands and materials for park district	20197
purposes. The board also may lease facilities from other political	20198
subdivisions or private sources. The board shall have careful	20199
surveys and plats made of the lands acquired for park district	20200
purposes and shall establish permanent monuments on the boundaries	20201
of the lands. Those plats, when executed according to sections	20202
711.01 to 711.38 of the Revised Code, shall be recorded in the	20203
office of the county recorder, and those records shall be	20204
admissible in evidence for the purpose of locating and	20205
ascertaining the true boundaries of the park or parks.	20206

(C) In furtherance of the use and enjoyment of the lands	20207
controlled by it, the board may accept donations of money or other	20208
property or act as trustees of land, money, or other property, and	20209
may use and administer the land, money, or other property as	20210
stipulated by the donor or as provided in the trust agreement.	20211

The board may receive and expend grants for park purposes	20212
from agencies and instrumentalities of the United States and this	20213
state and may enter into contracts or agreements with those	20214
agencies and instrumentalities to carry out the purposes for which	20215
the grants were furnished.	20216

(D) In exercising any powers conferred upon the board under	20217
divisions (B) and (C) of this section and for other types of	20218
assistance that the board finds necessary in carrying out its	20219
duties, the board may hire and contract for professional,	20220
technical, consulting, and other special services and may purchase	20221
goods and award contracts. The procuring of goods and awarding of	20222
contracts shall be done in accordance with the procedures	20223
established for the board of county commissioners by sections	20224
307.86 to 307.91 of the Revised Code.	20225

(E) The board may appoint an executive for the park or parks	20226
and may designate the executive or another person as the clerk of	20227
the board. It may appoint all other necessary officers and	20228
employees, fix their compensation, and prescribe their duties, or	20229
it may require the executive to appoint all other necessary	20230
officers and employees, and to fix their compensation and	20231
prescribe their duties, in accordance with guidelines and policies	20232
adopted by the board.	20233

(F) The board may adopt bylaws and rules that it considers	20234
advisable for the following purposes:	20235

(1) To prohibit selling, giving away, or using any	20236
intoxicating liquors in the park or parks;	20237

(2) For the government and control of the park or parks and	20238
the operation of motor vehicles in the park or parks;	20239

(3) To provide for the protection and preservation of all	20240
property and natural life within its jurisdiction.	20241

Before the bylaws and rules take effect, the board shall	20242
provide for a notice of their adoption to be published once a week	20243
for two consecutive weeks or as provided in section 7.16 of the	20244
Revised Code, in a newspaper of general circulation in the county	20245
within which the park district is located.	20246

No person shall violate any of the bylaws or rules. Fines	20247
levied and collected for violations shall be paid into the	20248
treasury of the township park district. The board may use moneys	20249
collected from those fines for any purpose that is not	20250
inconsistent with sections 511.18 to 511.37 of the Revised Code.	20251

(G) The board may do either of the following:

20252

(1) Establish and charge fees for the use of any facilities	20253
and services of the park or parks regardless of whether the park	20254
or parks were acquired before, on, or after ~~the effective date of~~	20255
~~this amendment~~September 21, 2000;	20256

(2) Enter into a lease agreement with an individual or	20257
organization that provides for the exclusive use of a specified	20258
portion of the park or parks within the township park district by	20259
that individual or organization for the duration of an event	20260
produced by the individual or organization. The board, for the	20261
specific portion of the park or parks covered by the lease	20262
agreement, may charge a fee to, or permit the individual or	20263
organization to charge a fee to, participants in and spectators at	20264
the event covered by the agreement.	20265

(H) If the board finds that real or personal property owned	20266
by the township park district is not currently needed for park	20267
purposes, the board may lease that property to other persons or	20268
organizations during any period of time the board determines the	20269
property will not be needed. If the board finds that competitive	20270
bidding on a lease is not feasible, it may lease the property	20271
without taking bids.	20272

(I) The board may exchange property owned by the township	20273
park district for property owned by the state, another political	20274
subdivision, or the federal government on terms that it considers	20275
desirable, without the necessity of competitive bidding.	20276

(J) Any rights or duties established under this section may	20277
be modified, shared, or assigned by an agreement pursuant to	20278
section 755.16 of the Revised Code.	20279

Sec. 511.25. If the board of park commissioners of a	20280
township park district finds that any lands that the board has	20281
acquired are not necessary for the purposes for which they were	20282
acquired, it may sell and dispose of those lands upon terms that	20283
the board considers advisable and may reject any purchase bid	20284
received under this section that the board determines does not	20285
meet its terms for sale.	20286

Except as otherwise provided in this section, no lands shall	20287
be sold without first giving notice of the board's intention to	20288
sell the lands by publication once a week for four consecutive	20289
weeks in a newspaper of general circulation in the township or as	20290
provided in section 7.16 of the Revised Code. The notice shall	20291
contain an accurate description of the lands being offered for	20292
sale and shall state the time and place at which sealed bids for	20293
the lands will be received. If the board rejects all of the	20294
purchase bids, it may reoffer the lands for sale in accordance	20295
with this section.	20296

The board also may sell park lands not necessary for district	20297
purposes to another political subdivision, the state, or the	20298
federal government without giving the notices or taking bids as	20299
otherwise required by this section.	20300

No lands acquired by a township park district may be sold	20301
without the approval of the court of common pleas of the county in	20302
which the park district is located, if the court appointed the	20303
board under section 511.18 of the Revised Code, or the approval of	20304
the board of township trustees, if the board of township trustees	20305
appointed the board of park commissioners under section 511.18 of	20306
the Revised Code.	20307

Sec. 511.28. A copy of any resolution for a tax levy adopted	20308
by the township board of park commissioners as provided in section	20309
511.27 of the Revised Code shall be certified by the clerk of the	20310
board of park commissioners to the board of elections of the	20311
proper county, together with a certified copy of the resolution	20312
approving the levy, passed by the board of township trustees if	20313
such a resolution is required by division (C) of section 511.27 of	20314
the Revised Code, not less than ninety days before a general or	20315
primary election in any year. The board of elections shall submit	20316
the proposal to the electors as provided in section 511.27 of the	20317
Revised Code at the succeeding general or primary election. A	20318
resolution to renew an existing levy may not be placed on the	20319
ballot unless the question is submitted at the general election	20320
held during the last year the tax to be renewed may be extended on	20321
the real and public utility property tax list and duplicate, or at	20322
any election held in the ensuing year. The board of park	20323
commissioners shall cause notice that the vote will be taken to be	20324
published once a week for two consecutive weeks prior to the	20325
election in a newspaper of general circulation, or as provided in	20326
section 7.16 of the Revised Code, in the county within which the	20327
park district is located. Additionally, if the board of elections	20328
operates and maintains a web site, the board of elections shall	20329
post that notice on its web site for thirty days prior to the	20330
election. The notice shall state the purpose of the proposed levy,	20331
the annual rate proposed expressed in dollars and cents for each	20332
one hundred dollars of valuation as well as in mills for each one	20333
dollar of valuation, the number of consecutive years during which	20334
the levy shall be in effect, and the time and place of the	20335
election.	20336

The form of the ballots cast at the election shall be: "An	20337
additional tax for the benefit of (name of township park district)	20338
.......... for the purpose of (purpose stated in the order of the	20339
board) .......... at a rate not exceeding .......... mills for	20340
each one dollar of valuation, which amounts to (rate expressed in	20341
dollars and cents) .......... for each one hundred dollars of	20342
valuation, for (number of years the levy is to run) ..........	20343

20344

		FOR THE TAX LEVY			20345
		AGAINST THE TAX LEVY	"		20346

20347

If the levy submitted is a proposal to renew, increase, or	20348
decrease an existing levy, the form of the ballot specified in	20349
this section may be changed by substituting for the words "An	20350
additional" at the beginning of the form, the words "A renewal of	20351
a" in the case of a proposal to renew an existing levy in the same	20352
amount; the words "A renewal of .......... mills and an increase	20353
of .......... mills to constitute a" in the case of an increase;	20354
or the words "A renewal of part of an existing levy, being a	20355
reduction of .......... mills, to constitute a" in the case of a	20356
decrease in the rate of the existing levy.	20357

If the tax is to be placed on the current tax list, the form	20358
of the ballot shall be modified by adding, after the statement of	20359
the number of years the levy is to run, the phrase ", commencing	20360
in .......... (first year the tax is to be levied), first due in	20361
calendar year .......... (first calendar year in which the tax	20362
shall be due)."	20363

The question covered by the order shall be submitted as a	20364
separate proposition, but may be printed on the same ballot with	20365
any other proposition submitted at the same election, other than	20366
the election of officers. More than one such question may be	20367
submitted at the same election.	20368

Sec. 511.34. In townships composed of islands, and on one of	20369
which islands lands have been conveyed in trust for the benefit of	20370
the inhabitants of the island for use as a park, and a board of	20371
park trustees has been provided for the control of the park, the	20372
board of township trustees may create a tax district of the island	20373
to raise funds by taxation as provided under divisions (A) and (B)	20374
of this section.	20375

(A) For the care and maintenance of parks on the island, the	20376
board of township trustees annually may levy a tax, not to exceed	20377
one mill, upon all the taxable property in the district. The tax	20378
shall be in addition to all other levies authorized by law, and	20379
subject to no limitation on tax rates except as provided in this	20380
division.	20381

The proceeds of the tax levy shall be expended by the board	20382
of township trustees for the purpose of the care and maintenance	20383
of the parks, and shall be paid out of the township treasury upon	20384
the orders of the board of park trustees.	20385

(B) For the purpose of acquiring additional land for use as a	20386
park, the board of township trustees may levy a tax in excess of	20387
the ten-mill limitation on all taxable property in the district.	20388
The tax shall be proposed by resolution adopted by two-thirds of	20389
the members of the board of township trustees. The resolution	20390
shall specify the purpose and rate of the tax and the number of	20391
years the tax will be levied, which shall not exceed five years,	20392
and which may include a levy on the current tax list and	20393
duplicate. The resolution shall go into immediate effect upon its	20394
passage, and no publication of the resolution is necessary other	20395
than that provided for in the notice of election. The board of	20396
township trustees shall certify a copy of the resolution to the	20397
proper board of elections not later than ninety days before the	20398
primary or general election in the township, and the board of	20399
elections shall submit the question of the tax to the voters of	20400
the district at the succeeding primary or general election. The	20401
board of elections shall make the necessary arrangements for the	20402
submission of the question to the electors of the district, and	20403
the election shall be conducted, canvassed, and certified in the	20404
same manner as regular elections in the township for the election	20405
of officers. Notice of the election shall be published in a	20406
newspaper of general circulation in the township once a week for	20407
two consecutive weeks, or as provided in section 7.16 of the	20408
Revised Code prior to the election ~~and, if~~. If the board of	20409
elections operates and maintains a web site, notice of the	20410
election also shall be posted on that web site for thirty days	20411
prior to the election. The notice shall state the purpose of the	20412
tax, the proposed rate of the tax expressed in dollars and cents	20413
for each one hundred dollars of valuation and mills for each one	20414
dollar of valuation, the number of years the tax will be in	20415
effect, the first year the tax will be levied, and the time and	20416
place of the election.	20417

The form of the ballots cast at an election held under this	20418
division shall be as follows:	20419

"An additional tax for the benefit of ......... (name of the	20420
township) for the purpose of acquiring additional park land at a	20421
rate of ......... mills for each one dollar of valuation, which	20422
amounts to ........ (rate expressed in dollars and cents) for each	20423
one hundred dollars of valuation, for ......... (number of years	20424
the levy is to run) beginning in ........... (first year the tax	20425
will be levied).	20426

20427

		FOR THE TAX LEVY			20428
		AGAINST THE TAX LEVY	"		20429

20430

The question shall be submitted as a separate proposition but	20431
may be printed on the same ballot with any other proposition	20432
submitted at the same election other than the election of	20433
officers. More than one such question may be submitted at the same	20434
election.	20435

If the levy is approved by a majority of electors voting on	20436
the question, the board of elections shall certify the result of	20437
the election to the tax commissioner. In the first year of the	20438
levy, the tax shall be extended on the tax lists after the	20439
February settlement following the election. If the tax is to be	20440
placed on the tax lists of the current year as specified in the	20441
resolution, the board of elections shall certify the result of the	20442
election immediately after the canvass to the board of township	20443
trustees, which shall forthwith make the necessary levy and	20444
certify the levy to the county auditor, who shall extend the levy	20445
on the tax lists for collection. After the first year of the levy,	20446
the levy shall be included in the annual tax budget that is	20447
certified to the county budget commission.	20448

Sec. 513.14. The board of elections shall advertise the	20449
proposed tax levy question mentioned in section 513.13 of the	20450
Revised Code in ~~two newspapers of opposite political faith, if two~~	20451
~~such newspapers are published in the joint township hospital~~	20452
~~district, or otherwise in one~~a newspaper~~, published or~~ of general	20453
circulation in the proposed township hospital district, once a	20454
week for two consecutive weeks, or as provided in section 7.16 of	20455
the Revised Code, prior to the election ~~and, if~~. If the board	20456
operates and maintains a web site, the board also shall advertise	20457
that proposed tax levy question on its web site for thirty days	20458
prior to the election.	20459

Sec. 515.04. The township fiscal officer shall fix a day,	20460
not more than thirty days from the date of notice to the board of	20461
township trustees, for the hearing of the petition authorized by	20462
section 515.02 or 515.16 of the Revised Code. The township fiscal	20463
officer or the fiscal officer's designee shall prepare and deliver	20464
to any of the petitioners a notice in writing directed to the lot	20465
and land owners and to the corporations, either public or private,	20466
affected by the improvement. The notice shall set forth the	20467
substance, pendency, and prayer of the petition and the time and	20468
place of the hearing on it.	20469

A copy of the notice shall be served upon each lot or land	20470
owner or left at the lot or land owner's usual place of residence,	20471
and upon an officer or agent of each corporation having its place	20472
of business in the district or area, at least fifteen days before	20473
the date set for the hearing. On or before the day of the hearing,	20474
the person serving the notice shall make return on it, under oath,	20475
of the time and manner of service and shall file the return with	20476
the township fiscal officer.	20477

The township fiscal officer or the fiscal officer's designee	20478
shall give the notice to each nonresident lot or land owner, by	20479
publication once, in a newspaper ~~published in and~~ of general	20480
circulation in the county in which the district or area is	20481
situated, at least two weeks before the day set for hearing. The	20482
notice shall be verified by affidavit of the printer or other	20483
person knowing the fact and shall be filed with the township	20484
fiscal officer or the fiscal officer's designee on or before the	20485
day of hearing. No further notice of the petition or the	20486
proceedings under it shall thereafter be required.	20487

Sec. 517.12. The board of township trustees may make rules	20488
specifying the times when cemeteries under its control shall be	20489
closed to the public. The board shall cause the rules to be	20490
published once a week for two consecutive weeks in a newspaper of	20491
general circulation within the township or as provided in section	20492
7.16 of the Revised Code, and may post appropriate notice in the	20493
township as considered necessary.	20494

The purposes of such rules shall be to assure a reasonable	20495
time of access to the cemeteries in view of the differences in	20496
attendance anticipated from past experience as to each, to exclude	20497
attendance at times when no proper purposes could normally be	20498
expected, to permit exceptions to the normal hours of access on	20499
reasonable request with adequate reason provided, and to	20500
facilitate the task of protecting the premises from vandalism,	20501
desecration, and other improper usage.	20502

Whoever violates these rules is guilty of a minor	20503
misdemeanor.	20504

Sec. 517.22. The board of township trustees or the trustees	20505
or directors of a cemetery association, after notice has first	20506
been given in ~~two newspapers~~a newspaper of general circulation in	20507
the county, may dispose of, at public sale, and convey any	20508
cemetery under their control that they have determined to	20509
discontinue as burial grounds, but possession of the cemetery	20510
shall not be given to a grantee until after the remains buried in	20511
that cemetery, together with stones and monuments, have been	20512
removed as provided by section 517.21 of the Revised Code.	20513

Sec. 521.03. On receiving a petition filed under section	20514
521.02 of the Revised Code, or at the request of the board of	20515
township trustees, the township fiscal officer shall fix a time,	20516
not more than thirty days after the date of giving notice of the	20517
filing to the board or the date of receiving the request from the	20518
board, and place for a hearing on the issue of repair or	20519
maintenance of the tiles. The township fiscal officer shall	20520
prepare a notice in writing directed to the lot and land owners	20521
and to the corporations, either public or private, affected by the	20522
improvement. The notice shall set forth the substance of the	20523
petition or board request, and the time and place of the hearing	20524
on it.	20525

If the hearing is to be held in response to a petition, the	20526
township fiscal officer shall deliver a copy of the notice to any	20527
of the petitioners, who shall see that the notice is served on	20528
each lot or land owner or left at the lot or land owner's usual	20529
place of residence, and served on an officer or agent of each	20530
corporation affected by the improvement, at least fifteen days	20531
before the date set for the hearing. If the hearing is to be held	20532
at the request of the board, the board shall see that the notice	20533
is so served. On or before the day of the hearing, the person	20534
serving the notice shall certify, under oath, the time and manner	20535
of service, and shall file this certification with the township	20536
fiscal officer.	20537

The township fiscal officer shall give notice of the hearing	20538
to each nonresident lot or land owner, by publication once, in a	20539
newspaper ~~published in and~~ of general circulation in the county in	20540
which the township is situated, at least two weeks before the day	20541
set for the hearing. This notice shall be verified by affidavit of	20542
the printer or other person knowing the fact, and shall be filed	20543
with the township fiscal officer on or before the day of the	20544
hearing. No further notice of the petition or the proceedings	20545
under it shall thereafter be required.	20546

Sec. 523.01. The territory of one or more townships may be	20547
merged with that of a contiguous township to create a new	20548
township, in the manner provided under this chapter. The new	20549
township shall have all of, and only, the rights, powers, and	20550
responsibilities afforded by law to townships.	20551

Sec. 523.02. (A) The boards of township trustees of two or	20552
more townships may propose a merger under section 523.01 of the	20553
Revised Code by adopting resolutions, by a majority vote of each	20554
board of township trustees of each township proposed for merger.	20555
Resolutions adopted under this section shall state all of the	20556
following:	20557

(1) The necessity for merger;

20558

(2) The townships that are to merge;

20559

(3) The official name by which the new township shall be	20560
known;	20561

(4) The boundaries of the new township created as the result	20562
of the merger.	20563

(B) A copy of each resolution adopted under this section	20564
shall be filed with the respective township fiscal officer of each	20565
township that is subject to the merger. The merger shall become	20566
effective on the sixtieth day after the last such filing is	20567
accomplished, unless prior to the expiration of the sixty-day	20568
period, a referendum petition is filed under section 523.03 of the	20569
Revised Code.	20570

Sec. 523.03. (A) A qualified elector of a township proposed	20571
for merger, not later than sixty days after the filing of a	20572
resolution under division (B) of section 523.02 of the Revised	20573
Code regarding that township, may present to the board of township	20574
trustees of that township a referendum petition, signed by a	20575
number of qualified electors residing in the township, equal in	20576
number to not less than ten per cent of the total vote cast in the	20577
township for governor at the most recent general election at which	20578
a governor was elected, requesting the board to submit the	20579
question of the merger to the electors of the township for	20580
approval or rejection at a special election to be held on the day	20581
of the next primary or general election occurring at least ninety	20582
days after the petition is submitted. The referendum petition	20583
shall be governed by section 3501.38 of the Revised Code.	20584

(B) The referendum petition shall be filed at the office of	20585
the township fiscal officer of the township that is the subject of	20586
the petition. The person presenting the petition shall be given a	20587
receipt containing on it the time of the day, the date, and the	20588
purpose of the petition. The township fiscal officer shall cause	20589
the appropriate board of elections to check the sufficiency of	20590
signatures on the referendum petition and if the signatures are	20591
found to be sufficient, shall present the petition to the board of	20592
township trustees at a meeting of the board that occurs not later	20593
than thirty days following the filing of the petition. Upon	20594
presentation to the board of township trustees of a referendum	20595
petition, the board shall promptly certify the petition to the	20596
board of elections for the purpose of having the question of the	20597
merger placed on the ballot at a special election to be held on	20598
the day of the next general or primary election that occurs not	20599
less than ninety days after the date of the meeting of the board,	20600
the date of which shall be specified in the certification.	20601

(C) Signatures on a referendum petition may be withdrawn up	20602
to and including the meeting of the board of township trustees	20603
certifying the proposal to the appropriate board of elections.	20604

(D) Upon certification of the referendum petition to the	20605
appropriate board of elections, the board of elections shall make	20606
the necessary arrangements for the submission of the question of	20607
merger to the qualified electors of the township proposed for	20608
merger that is the subject of the petition. The election shall be	20609
conducted, canvassed, and certified in the same manner as regular	20610
elections in the township for the election of township officers.	20611
Notice of the election shall be published in a newspaper of	20612
general circulation in the township once a week for two	20613
consecutive weeks prior to the election. If the board of elections	20614
operates and maintains a web site, the board shall post notice of	20615
the election on the web site for thirty days prior to the	20616
election. The notice shall state the necessity for merger, the	20617
townships that are proposed for merger, the official name by which	20618
the new township shall be known, the boundaries of the new	20619
township created as the result of the merger, and the time and	20620
place of the election. The form of the ballots cast at the	20621
election shall read as follows:	20622

"Shall the townships of ................ (Names of all of the	20623
townships to be merged) be merged to create the new township of	20624
................ (Name of new township)?"	20625

(E) No merger for which a referendum vote has been requested	20626
shall be put into effect unless a majority of the votes cast on	20627
the issue in the township that is the subject of the referendum	20628
petition is in favor of the merger. The merger shall take effect	20629
sixty days after certification by the board of elections that the	20630
merger has been approved by the electors.	20631

Sec. 523.04. (A) A resolution for a merger under this	20632
chapter may be proposed by initiative petition by the electors of	20633
each township being proposed for merger, and adopted by election	20634
by these electors under the same circumstances, in the same	20635
manner, and subject to the same penalties as provided by sections	20636
731.28 to 731.40 and 731.99 of the Revised Code for municipal	20637
corporations, except that all of the following apply:	20638

(1) Each board of township trustees shall perform the duties	20639
imposed on the legislative authority of the municipal corporation	20640
under those sections;	20641

(2) Initiative petitions shall be filed with the township	20642
fiscal officer of each township proposed for merger, who shall	20643
perform the duties imposed under those sections upon the city	20644
auditor or village clerk;	20645

(3) Initiative petitions shall contain the signatures of not	20646
less than ten per cent of the total number of electors in a	20647
township proposed for merger who voted for the office of governor	20648
at the most recent general election in the township for that	20649
office;	20650

(4) Each signer of an initiative petition shall be an elector	20651
of the township in which the election on the proposed resolution	20652
is to be held.	20653

(B) The merger shall take effect sixty days after	20654
certification by the board or boards of elections that the merger	20655
has been approved by the electors of each township proposed for	20656
merger.	20657

Sec. 523.05. (A) The boards of township trustees of two or	20658
more townships, by adopting resolutions by unanimous vote of the	20659
board of township trustees of each township, may cause the	20660
appropriate board of elections for each township to submit to the	20661
electors of each township the question of merger under section	20662
523.01 of the Revised Code. The question shall be voted upon at	20663
the next general election occurring not less than ninety days	20664
after the certification of the resolutions to the appropriate	20665
board of elections.	20666

(B) In submitting to the electors of each township the	20667
question of merger, the board of elections shall submit the	20668
question in language substantially as follows:	20669

"Shall the townships of ................ (Names of all of the	20670
townships to be merged) be merged to create the new township of	20671
............... (Name of the new township)?"	20672

(C) The merger shall take effect sixty days after	20673
certification by the board or boards of elections that the merger	20674
has been approved by the electors of each township proposed for	20675
merger.	20676

Sec. 523.06. (A) Within sixty days after a merger takes	20677
effect under division (B) of section 523.02 of the Revised Code,	20678
or after approval of the merger by the electors under section	20679
523.04 or 523.05 of the Revised Code, each board of township	20680
trustees of the townships merged, by adopting a joint resolution	20681
approved by a majority of the members of each board, shall enter	20682
into a merger agreement that contains the specific terms and	20683
conditions of the merger. At a minimum, the merger agreement shall	20684
set forth all of the following:	20685

(1) The names of the former townships that were merged;

20686

(2) The name of the new township;

20687

(3) The place in which the principal office of the new	20688
township will be located or the manner in which it may be	20689
selected;	20690

(4) The territorial boundaries of the new township;

20691

(5) The date on which the merger took effect;

20692

(6) The governmental organization for the new township,	20693
including a plan for electing officers at the next general	20694
election that is held not later than ninety days after the merger	20695
agreement is finalized;	20696

(7) A procedure for the efficient and timely transition of	20697
specific services, functions, and responsibilities from each	20698
township and its respective offices to the new township;	20699

(8) Terms for the disposition of the assets and property of	20700
each township, if necessary;	20701

(9) The liquidation of existing indebtedness for each	20702
township, if necessary;	20703

(10) A plan for the common administration and enforcement of	20704
resolutions of the townships merged, and of ordinances, if a	20705
township is located in a municipal corporation, to be enforced	20706
uniformly within the new township;	20707

(11) A provision that specifies whether there will be any	20708
zoning changes as a result of the merger, if applicable;	20709

(12) A plan to conform the boundaries of an existing special	20710
purpose district with the new township, to dissolve the special	20711
purpose district, or to absorb the special purpose district into	20712
the new township. As used in this division, "special purpose	20713
district" has the meaning in division (F) of section 523.08 of the	20714
Revised Code.	20715

(B) A copy of the joint resolution and the merger agreement	20716
adopted under this section shall be filed with the township fiscal	20717
officer of the new township. The merger agreement shall take	20718
effect on the day on which such filing is made.	20719

(C) If no merger agreement, or if only a partial merger	20720
agreement, is entered into within the time period prescribed by	20721
division (A) of this section, the new township shall comply with	20722
and operate under a merger agreement that contains the terms and	20723
conditions required by section 523.08 of the Revised Code.	20724

Sec. 523.07. (A) A new township created by merger under this	20725
chapter shall succeed to the following interests of each township	20726
merged:	20727

(1) All money, taxes, and special assessments, whether in the	20728
township treasury or in the process of collection;	20729

(2) All property and interests in property, whether real or	20730
personal;	20731

(3) All rights and interests in contracts, or in securities,	20732
bonds, notes, or other instruments;	20733

(4) All accounts receivable and rights of action;

20734

(5) All other matters not included in this section that are	20735
not addressed in the merger agreement.	20736

(B) A new township created by merger under this chapter is	20737
liable for all outstanding franchises, contracts, debts, and other	20738
legal claims, actions, and obligations of each township merged.	20739

Sec. 523.08. If a merger agreement is entered into as	20740
required by section 523.06 of the Revised Code, this section does	20741
not apply. If a merger agreement is not entered into under section	20742
523.05 of the Revised Code, the merger agreement shall contain all	20743
of the terms and conditions specified in this section. If a	20744
partial merger agreement is entered into under section 523.05 of	20745
the Revised Code, this section applies only to the extent any term	20746
or condition that is required by section 523.05 of the Revised	20747
Code to be addressed in the merger agreement is not addressed	20748
therein.	20749

The terms and conditions of a merger agreement to which this	20750
section applies shall be as follows:	20751

(A) All members of each board of township trustees shall	20752
serve as board members of the new township. At the first general	20753
election held after a merger is approved, the electors of the new	20754
township shall elect three township trustees for an even number of	20755
years not to exceed four, with staggered terms of office.	20756

(B) The township fiscal officer of the largest township, by	20757
population, shall be the township fiscal officer for the new	20758
township. At the second election held after the merger, the	20759
electors shall elect a township fiscal officer, whose first term	20760
of office shall be modified to an even number of years not to	20761
exceed four to allow subsequent elections for that office to be	20762
held in the same year as other township fiscal officers.	20763

(C) Voted property tax levies shall remain in effect for the	20764
parcels of real property to which they applied prior to the	20765
merger, and the merger shall not affect the proceeds of a tax levy	20766
pledged for the retirement of any debt obligation. Upon expiration	20767
of a property tax levy, the levy may only be replaced or renewed	20768
by vote of the electors in the manner provided by law, to apply to	20769
real property within the boundaries of the new township. If the	20770
millage levied inside the ten-mill limitation of each township	20771
merged is different, the board of township trustees of the new	20772
township shall immediately equalize the millage for the entire new	20773
township.	20774

(D) For purposes of the retirement of all debt obligations of	20775
each township merged, the township fiscal officer shall continue	20776
to track parcels of real property and the tax revenue generated on	20777
those parcels by the tax districts that were in place prior to the	20778
merger, and shall provide that information on an annual basis to	20779
the board of township trustees of the new township. Debt	20780
obligations that existed at the time of the merger shall be	20781
retired from the revenue generated from the parcels of real	20782
property that made up the township that incurred the debt before	20783
the merger.	20784

(E)(1) With respect to any agreement entered into under	20785
Chapter 4117. of the Revised Code that covers any of the employees	20786
of the townships merged under this chapter, the state employment	20787
relations board, within sixty days after the date the merger is	20788
approved, shall designate the appropriate bargaining units for the	20789
employees of the new township in accordance with section 4117.06	20790
of the Revised Code. Notwithstanding the recognition procedures	20791
prescribed in section 4117.05 and division (A) of section 4117.07	20792
of the Revised Code, the board shall conduct a representation	20793
election with respect to each bargaining unit designated under	20794
this division in accordance with divisions (B) and (C) of section	20795
4117.07 of the Revised Code. If an exclusive representative is	20796
selected through this election, the exclusive representative shall	20797
negotiate and enter into an agreement with the new township in	20798
accordance with Chapter 4117. of the Revised Code. Until the	20799
parties reach an agreement, any agreement in effect on the date of	20800
the merger shall apply to the employees that were in the	20801
bargaining unit that is covered by the agreement. An agreement in	20802
existence on the date of the merger is terminated on the effective	20803
date of an agreement negotiated under this division.	20804

(2) If an exclusive representative is not selected, any	20805
agreement in effect on the date of the merger shall apply to the	20806
employees that were in the bargaining unit that is covered by the	20807
agreement and shall expire on its terms.	20808

(3) Each agreement entered into under Chapter 4117. of the	20809
Revised Code on or after the effective date of this section	20810
involving a new township shall contain a provision regarding the	20811
designation of an exclusive representative and bargaining units	20812
for the new township as described in division (E) of this section.	20813

(4) In addition to the laws listed in division (A) of section	20814
4117.10 of the Revised Code that prevail over conflicting	20815
agreements between employee organizations and public employers,	20816
division (E) of this section prevails over any conflicting	20817
provisions of agreements between employee organizations and public	20818
employers that are entered into on or after the effective date of	20819
this section pursuant to Chapter 4117. of the Revised Code.	20820

(5) As used in division (E) of this section, "employee	20821
organization" and "exclusive representative" have the same	20822
meanings as in section 4117.01 of the Revised Code.	20823

(F)(1) If the boundaries of the new township are coextensive	20824
with a special purpose district that existed at the time of the	20825
merger, the special purpose district shall be dissolved into the	20826
new township. If the boundaries of the new township are not	20827
coextensive with a special purpose district, the new township	20828
shall remain in the existing special purpose district as a	20829
successor to the original township, unless the special purpose	20830
district is dissolved. The board of township trustees of the new	20831
township may place a question on the ballot at the next general	20832
election held after the merger to conform the boundaries, dissolve	20833
the special purpose district, or absorb the special purpose	20834
district into the new township on the terms specified in the	20835
resolution that places the question on the ballot for approval of	20836
the electors of the new township.	20837

(2) As used in division (F) of this section, "special purpose	20838
district" means any geographic or political jurisdiction that is	20839
created under law by a township merged.	20840

(G) Zoning codes that existed at the time of the merger shall	20841
remain in effect after the merger, and the townships that existed	20842
before the merger shall be treated as administrative districts	20843
within the new township for the purposes of zoning.	20844

Sec. 705.16. (A) All ordinances or resolutions shall be in	20845
effect after thirty days from the date of their passage, except as	20846
provided in section 705.75 of the Revised Code.	20847

(B) ~~Notwithstanding any conflicting provision of section 7.12~~	20848
~~of the Revised Code,~~A succinct summary of each ordinance and	20849
resolution of a general nature, or providing for public	20850
improvements, or assessing property~~, or a succinct summary of each~~	20851
~~such ordinance or resolution,~~ shall, upon passage of the ordinance	20852
or resolution, be promptly published one time in ~~not more than two~~	20853
~~newspapers~~a newspaper of general circulation in the municipal	20854
corporation. Such publication shall be made in the body type of	20855
the paper under headlines in eighteen point type, which headlines	20856
shall specify the nature of such legislation. ~~If a summary of an~~	20857
~~ordinance or resolution is published, the~~The publication shall	20858
contain notice that the complete text of each such ordinance or	20859
resolution may be obtained or viewed at the office of the clerk of	20860
the legislative authority of the municipal corporation and may be	20861
viewed at any other location designated by the legislative	20862
authority of the municipal corporation. The city director of law,	20863
village solicitor, or other chief legal officer of the municipal	20864
corporation shall review ~~any~~the summary of an ordinance or	20865
resolution published under this section prior to forwarding it to	20866
the clerk for publication, to ensure that the summary is legally	20867
accurate and sufficient.	20868

(C) Upon publication of a summary of an ordinance or	20869
resolution in accordance with this section, the clerk of the	20870
legislative authority shall supply a copy of the complete text of	20871
each such ordinance or resolution to any person, upon request, and	20872
may charge a reasonable fee, set by the legislative authority, for	20873
each copy supplied. The clerk shall post a copy of the text at ~~his~~	20874
the clerk's office and at every other location designated by the	20875
legislative authority.	20876

(D) No newspaper shall be paid a higher price for the	20877
publication of summaries of ordinances than its ~~maximum bona fide~~	20878
~~commercial~~government rate established under section 7.10 of the	20879
Revised Code.	20880

Sec. 711.35. Upon the filing of the application provided for	20881
in section 711.34 of the Revised Code, the county auditor shall	20882
give notice of the filing, by publication, for two consecutive	20883
weeks in a newspaper ~~published and~~ of general circulation in the	20884
county~~, of the filing thereof, and~~or as provided in section 7.16	20885
of the Revised Code. The county auditor shall also notify the	20886
board of county commissioners of such filing.	20887

Sec. 715.011. Each municipal corporation may lease for a	20888
period not to exceed forty years, pursuant to a contract providing	20889
for the construction thereof under a lease-purchase plan,	20890
buildings, structures, and other improvements for any authorized	20891
municipal purpose, and in conjunction therewith, may grant leases,	20892
easements, or licenses for lands under the control of the	20893
municipal corporation for a period not to exceed forty years. The	20894
lease shall provide that at the end of the lease period the	20895
buildings, structures, and related improvements together with the	20896
land on which they are situate shall become the property of the	20897
municipal corporation without cost.	20898

Whenever any building, structure, or other improvement is to	20899
be so leased by a municipal corporation, the appropriate	20900
contracting officer of the municipal corporation shall file with	20901
the clerk of the council such basic plans, specifications, bills	20902
of materials, and estimates of cost with sufficient detail to	20903
afford bidders all needed information, or alternatively, shall	20904
file the following plans, details, bills of materials, and	20905
specifications:	20906

(A) Full and accurate plans, suitable for the use of	20907
mechanics and other builders in such construction, improvement,	20908
addition, alteration, or installation;	20909

(B) Details to scale and full sized, so drawn and represented	20910
as to be easily understood;	20911

(C) Accurate bills showing the exact quantity of different	20912
kinds of material necessary to the construction;	20913

(D) Definite and complete specifications of the work to be	20914
performed, together with such directions as will enable a	20915
competent mechanic or other builder to carry them out and afford	20916
bidders all needed information;	20917

(E) A full and accurate estimate of each item of expense and	20918
of the aggregate cost thereof.	20919

The council of the municipal corporation shall give public	20920
notice, in ~~the~~a newspaper of general circulation in the municipal	20921
corporation, and in the form and with the phraseology as the	20922
council orders, published once each week for four consecutive	20923
weeks or as provided in section 7.16 of the Revised Code, of the	20924
time and place, when and where bids will be received for entering	20925
into an agreement to lease to the municipal corporation a	20926
building, structure, or other improvement, the last publication to	20927
be at least eight days preceding the day for opening the bids. The	20928
bids shall contain the terms upon which the builder would propose	20929
to lease the building, structure, or other improvement to the	20930
municipal corporation. The form of the bid approved by the council	20931
of the municipal corporation shall be used and a bid shall be	20932
invalid and not considered unless such form is used without	20933
change, alteration, or addition. Before submitting bids pursuant	20934
to this section, any builder shall have complied with sections	20935
153.50 to 153.52 of the Revised Code.	20936

On the day and at the place named for receiving bids for	20937
entering into lease agreements with the municipal corporation, the	20938
appropriate contracting officer of the municipal corporation shall	20939
open the bids, and shall publicly proceed immediately to tabulate	20940
the bids upon triplicate sheets, one of each of which sheets shall	20941
be filed with the clerk of the council. No lease agreement shall	20942
be entered into until the bureau of workers' compensation has	20943
certified that the corporation, partnership, or person to be	20944
awarded the lease agreement has complied with Chapter 4123. of the	20945
Revised Code, and until, if the builder submitting the lowest and	20946
best bid is a foreign corporation, the secretary of state has	20947
certified that the corporation is authorized to do business in	20948
this state, and until, if the builder submitting the lowest and	20949
best bid is a person or partnership nonresident of this state, the	20950
person or partnership has filed with the secretary of state a	20951
power of attorney designating the secretary of state as its agent	20952
for the purpose of accepting service of summons in any action	20953
brought under Chapter 4123. of the Revised Code, and until the	20954
agreement is submitted to the village solicitor or city director	20955
of law of the municipal corporation and ~~his~~the solicitor's or	20956
director's approval is certified thereon. Within thirty days after	20957
the day on which the bids are received, the council shall	20958
investigate the bids received and shall determine that the bureau	20959
and the secretary of state have made the certifications required	20960
by this section of the builder who has submitted the lowest and	20961
best bid. Within ten days of the completion of the investigation	20962
of the bids the council may award the lease agreement to the	20963
builder who has submitted the lowest and best bid and who has been	20964
certified by the bureau and secretary of state as required by this	20965
section. If bidding for the lease agreement has been conducted	20966
upon the basis of basic plans, specifications, bills of materials,	20967
and estimates of costs, upon the award to the builder, the	20968
council, or the builder with the approval of the council, shall	20969
appoint an architect or engineer licensed in this state to prepare	20970
such further detailed plans, specifications, and bills of	20971
materials as are required to construct the building, structure, or	20972
improvement.	20973

The council may reject any bid. Where there is reason to	20974
believe there is collusion or combination among bidders, the bids	20975
of those concerned therein shall be rejected.	20976

Sec. 715.47. A municipal corporation may fill or drain any	20977
lot or land within its limits on which water at any time becomes	20978
stagnant, remove all putrid substances from any lot, and remove	20979
all obstructions from culverts, covered drains, or private	20980
property, laid in any natural watercourse, creek, brook, or	20981
branch, which obstruct the water naturally flowing therein,	20982
causing it to flow back or become stagnant, in a way prejudicial	20983
to the health, comfort, or convenience of any of the citizens of	20984
the neighborhood. If such culverts or drains are of insufficient	20985
capacity, the municipal corporation may make them of such capacity	20986
as reasonably to accommodate the flow of such water at all times.	20987
The legislative authority of such municipal corporation may, by	20988
resolution, direct the owner to fill or drain such lot, remove	20989
such putrid substance or such obstructions, and if necessary,	20990
enlarge such culverts or covered drains to meet the requirements	20991
thereof.	20992

After service of a copy of such resolution, or after a	20993
publication thereof, in a newspaper of general circulation in such	20994
municipal corporation or as provided in section 7.16 of the	20995
Revised Code, for two consecutive weeks, such owner, or ~~his~~such	20996
owner's agent or attorney, shall comply with the directions of the	20997
resolution within the time therein specified.	20998

In case of the failure or refusal of such owner to comply	20999
with the resolution, the work required thereby may be done at the	21000
expense of the municipal corporation, and the amount of money so	21001
expended shall be recovered from the owner before any court of	21002
competent jurisdiction. Such expense from the time of the adoption	21003
of the resolution shall be a lien on such lot, which may be	21004
enforced by suit in the court of common pleas, and like	21005
proceedings may be had as directed in relation to the improvement	21006
of streets.	21007

The officers connected with the health department of every	21008
such municipal corporation shall see that this section is strictly	21009
and promptly enforced.	21010

Sec. 717.08. The largest municipal corporation located in	21011
the Southwestern portion of the state that has a retirement system	21012
for its employees may enter into an agreement with the board of	21013
trustees of the retirement system for a single payment by the	21014
municipal corporation of all or a portion of the municipal	21015
corporation's accrued liability to the retirement system. The	21016
agreement may provide for a reduction in the amount of the accrued	21017
liability based on the value to the retirement system of receiving	21018
a single payment.	21019

The legislative authority of the municipal corporation may	21020
issue securities under Section 3 of Article XVIII, Ohio	21021
Constitution, or under Chapter 133. of the Revised Code, including	21022
Chapter 133. special obligation securities that pledge taxes,	21023
other than ad valorem property taxes, or other revenues for the	21024
purpose of providing some or all of the funds requiredto satisfy	21025
the municipal corporation's obligation under the agreement.	21026

Sec. 718.01. (A) As used in this chapter:

21027

(1) "Adjusted federal taxable income" means a C corporation's	21028
federal taxable income before net operating losses and special	21029
deductions as determined under the Internal Revenue Code, adjusted	21030
as follows:	21031

(a) Deduct intangible income to the extent included in	21032
federal taxable income. The deduction shall be allowed regardless	21033
of whether the intangible income relates to assets used in a trade	21034
or business or assets held for the production of income.	21035

(b) Add an amount equal to five per cent of intangible income	21036
deducted under division (A)(1)(a) of this section, but excluding	21037
that portion of intangible income directly related to the sale,	21038
exchange, or other disposition of property described in section	21039
1221 of the Internal Revenue Code;	21040

(c) Add any losses allowed as a deduction in the computation	21041
of federal taxable income if the losses directly relate to the	21042
sale, exchange, or other disposition of an asset described in	21043
section 1221 or 1231 of the Internal Revenue Code;	21044

(d)(i) Except as provided in division (A)(1)(d)(ii) of this	21045
section, deduct income and gain included in federal taxable income	21046
to the extent the income and gain directly relate to the sale,	21047
exchange, or other disposition of an asset described in section	21048
1221 or 1231 of the Internal Revenue Code;	21049

(ii) Division (A)(1)(d)(i) of this section does not apply to	21050
the extent the income or gain is income or gain described in	21051
section 1245 or 1250 of the Internal Revenue Code.	21052

(e) Add taxes on or measured by net income allowed as a	21053
deduction in the computation of federal taxable income;	21054

(f) In the case of a real estate investment trust and	21055
regulated investment company, add all amounts with respect to	21056
dividends to, distributions to, or amounts set aside for or	21057
credited to the benefit of investors and allowed as a deduction in	21058
the computation of federal taxable income;	21059

(g) IfDeduct, to the extent not otherwise deducted or	21060
excluded in computing federal taxable income, any income derived	21061
from providing public services under a contract through a project	21062
owned by the state, as described in section 126.604 of the Revised	21063
Code or derived from a contract entered into under section 9.06 of	21064
the Revised Code and described in division (J) of that section, or	21065
derived from a transfer agreement or from the enterprise	21066
transferred under that agreement under section 4313.02 of the	21067
Revised Code.	21068

If the taxpayer is not a C corporation and is not an	21069
individual, the taxpayer shall compute adjusted federal taxable	21070
income as if the taxpayer were a C corporation, except:guaranteed	21071

~~(i) Guaranteed~~ payments and other similar amounts paid or	21072
accrued to a partner, former partner, member, or former member	21073
shall not be allowed as a deductible expense; ~~and~~amounts	21074

~~(ii) Amounts~~ paid or accrued to a qualified self-employed	21075
retirement plan with respect to an owner or owner-employee of the	21076
taxpayer, amounts paid or accrued to or for health insurance for	21077
an owner or owner-employee, and amounts paid or accrued to or for	21078
life insurance for an owner or owner-employee shall not be allowed	21079
as a deduction.	21080

Nothing in division (A)(1) of this section shall be construed	21081
as allowing the taxpayer to add or deduct any amount more than	21082
once or shall be construed as allowing any taxpayer to deduct any	21083
amount paid to or accrued for purposes of federal self-employment	21084
tax.	21085

Nothing in this chapter shall be construed as limiting or	21086
removing the ability of any municipal corporation to administer,	21087
audit, and enforce the provisions of its municipal income tax.	21088

(2) "Internal Revenue Code" means the Internal Revenue Code	21089
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended.	21090

(3) "Schedule C" means internal revenue service schedule C	21091
filed by a taxpayer pursuant to the Internal Revenue Code.	21092

(4) "Form 2106" means internal revenue service form 2106	21093
filed by a taxpayer pursuant to the Internal Revenue Code.	21094

(5) "Intangible income" means income of any of the following	21095
types: income yield, interest, capital gains, dividends, or other	21096
income arising from the ownership, sale, exchange, or other	21097
disposition of intangible property including, but not limited to,	21098
investments, deposits, money, or credits as those terms are	21099
defined in Chapter 5701. of the Revised Code, and patents,	21100
copyrights, trademarks, tradenames, investments in real estate	21101
investment trusts, investments in regulated investment companies,	21102
and appreciation on deferred compensation. "Intangible income"	21103
does not include prizes, awards, or other income associated with	21104
any lottery winnings or other similar games of chance.	21105

(6) "S corporation" means a corporation that has made an	21106
election under subchapter S of Chapter 1 of Subtitle A of the	21107
Internal Revenue Code for its taxable year.	21108

(7) For taxable years beginning on or after January 1, 2004,	21109
"net profit" for a taxpayer other than an individual means	21110
adjusted federal taxable income and "net profit" for a taxpayer	21111
who is an individual means the individual's profit required to be	21112
reported on schedule C, schedule E, or schedule F, other than any	21113
amount allowed as a deduction under division (E)(2) or (3) of this	21114
section or amounts described in division (H) of this section.	21115

(8) "Taxpayer" means a person subject to a tax on income	21116
levied by a municipal corporation. Except as provided in division	21117
(L) of this section, "taxpayer" does not include any person that	21118
is a disregarded entity or a qualifying subchapter S subsidiary	21119
for federal income tax purposes, but "taxpayer" includes any other	21120
person who owns the disregarded entity or qualifying subchapter S	21121
subsidiary.	21122

(9) "Taxable year" means the corresponding tax reporting	21123
period as prescribed for the taxpayer under the Internal Revenue	21124
Code.	21125

(10) "Tax administrator" means the individual charged with	21126
direct responsibility for administration of a tax on income levied	21127
by a municipal corporation and includes:	21128

(a) The central collection agency and the regional income tax	21129
agency and their successors in interest, and other entities	21130
organized to perform functions similar to those performed by the	21131
central collection agency and the regional income tax agency;	21132

(b) A municipal corporation acting as the agent of another	21133
municipal corporation; and	21134

(c) Persons retained by a municipal corporation to administer	21135
a tax levied by the municipal corporation, but only if the	21136
municipal corporation does not compensate the person in whole or	21137
in part on a contingency basis.	21138

(11) "Person" includes individuals, firms, companies,	21139
business trusts, estates, trusts, partnerships, limited liability	21140
companies, associations, corporations, governmental entities, and	21141
any other entity.	21142

(12) "Schedule E" means internal revenue service schedule E	21143
filed by a taxpayer pursuant to the Internal Revenue Code.	21144

(13) "Schedule F" means internal revenue service schedule F	21145
filed by a taxpayer pursuant to the Internal Revenue Code.	21146

(B) No municipal corporation shall tax income at other than a	21147
uniform rate.	21148

(C) No municipal corporation shall levy a tax on income at a	21149
rate in excess of one per cent without having obtained the	21150
approval of the excess by a majority of the electors of the	21151
municipality voting on the question at a general, primary, or	21152
special election. The legislative authority of the municipal	21153
corporation shall file with the board of elections at least ninety	21154
days before the day of the election a copy of the ordinance	21155
together with a resolution specifying the date the election is to	21156
be held and directing the board of elections to conduct the	21157
election. The ballot shall be in the following form: "Shall the	21158
Ordinance providing for a ... per cent levy on income for (Brief	21159
description of the purpose of the proposed levy) be passed?	21160

21161

		FOR THE INCOME TAX			21162
		AGAINST THE INCOME TAX	"		21163

21164

In the event of an affirmative vote, the proceeds of the levy	21165
may be used only for the specified purpose.	21166

(D)(1) Except as otherwise provided in this section, no	21167
municipal corporation shall exempt from a tax on income	21168
compensation for personal services of individuals over eighteen	21169
years of age or the net profit from a business or profession.	21170

(2)(a) For taxable years beginning on or after January 1,	21171
2004, no municipal corporation shall tax the net profit from a	21172
business or profession using any base other than the taxpayer's	21173
adjusted federal taxable income.	21174

(b) Division (D)(2)(a) of this section does not apply to any	21175
taxpayer required to file a return under section 5745.03 of the	21176
Revised Code or to the net profit from a sole proprietorship.	21177

(E)(1) The legislative authority of a municipal corporation	21178
may, by ordinance or resolution, exempt from withholding and from	21179
a tax on income the following:	21180

(a) Compensation arising from the sale, exchange, or other	21181
disposition of a stock option, the exercise of a stock option, or	21182
the sale, exchange, or other disposition of stock purchased under	21183
a stock option; or	21184

(b) Compensation attributable to a nonqualified deferred	21185
compensation plan or program described in section 3121(v)(2)(C) of	21186
the Internal Revenue Code.	21187

(2) The legislative authority of a municipal corporation may	21188
adopt an ordinance or resolution that allows a taxpayer who is an	21189
individual to deduct, in computing the taxpayer's municipal income	21190
tax liability, an amount equal to the aggregate amount the	21191
taxpayer paid in cash during the taxable year to a health savings	21192
account of the taxpayer, to the extent the taxpayer is entitled to	21193
deduct that amount on internal revenue service form 1040.	21194

(3) The legislative authority of a municipal corporation may	21195
adopt an ordinance or resolution that allows a taxpayer who has a	21196
net profit from a business or profession that is operated as a	21197
sole proprietorship to deduct from that net profit the amount that	21198
the taxpayer paid during the taxable year for medical care	21199
insurance premiums for the taxpayer, the taxpayer's spouse, and	21200
dependents as defined in section 5747.01 of the Revised Code. The	21201
deduction shall be allowed to the same extent the taxpayer is	21202
entitled to deduct the premiums on internal revenue service form	21203
1040. The deduction allowed under this division shall be net of	21204
any related premium refunds, related premium reimbursements, or	21205
related insurance premium dividends received by the taxpayer	21206
during the taxable year.	21207

(F) If an individual's taxable income includes income against	21208
which the taxpayer has taken a deduction for federal income tax	21209
purposes as reportable on the taxpayer's form 2106, and against	21210
which a like deduction has not been allowed by the municipal	21211
corporation, the municipal corporation shall deduct from the	21212
taxpayer's taxable income an amount equal to the deduction shown	21213
on such form allowable against such income, to the extent not	21214
otherwise so allowed as a deduction by the municipal corporation.	21215

(G)(1) In the case of a taxpayer who has a net profit from a	21216
business or profession that is operated as a sole proprietorship,	21217
no municipal corporation may tax or use as the base for	21218
determining the amount of the net profit that shall be considered	21219
as having a taxable situs in the municipal corporation, an amount	21220
other than the net profit required to be reported by the taxpayer	21221
on schedule C or F from such sole proprietorship for the taxable	21222
year.	21223

(2) In the case of a taxpayer who has a net profit from	21224
rental activity required to be reported on schedule E, no	21225
municipal corporation may tax or use as the base for determining	21226
the amount of the net profit that shall be considered as having a	21227
taxable situs in the municipal corporation, an amount other than	21228
the net profit from rental activities required to be reported by	21229
the taxpayer on schedule E for the taxable year.	21230

(H) A municipal corporation shall not tax any of the	21231
following:	21232

(1) The military pay or allowances of members of the armed	21233
forces of the United States and of members of their reserve	21234
components, including the Ohio national guard;	21235

(2) The income of religious, fraternal, charitable,	21236
scientific, literary, or educational institutions to the extent	21237
that such income is derived from tax-exempt real estate,	21238
tax-exempt tangible or intangible property, or tax-exempt	21239
activities;	21240

(3) Except as otherwise provided in division (I) of this	21241
section, intangible income;	21242

(4) Compensation paid under section 3501.28 or 3501.36 of the	21243
Revised Code to a person serving as a precinct election official,	21244
to the extent that such compensation does not exceed one thousand	21245
dollars annually. Such compensation in excess of one thousand	21246
dollars may be subjected to taxation by a municipal corporation. A	21247
municipal corporation shall not require the payer of such	21248
compensation to withhold any tax from that compensation.	21249

(5) Compensation paid to an employee of a transit authority,	21250
regional transit authority, or regional transit commission created	21251
under Chapter 306. of the Revised Code for operating a transit bus	21252
or other motor vehicle for the authority or commission in or	21253
through the municipal corporation, unless the bus or vehicle is	21254
operated on a regularly scheduled route, the operator is subject	21255
to such a tax by reason of residence or domicile in the municipal	21256
corporation, or the headquarters of the authority or commission is	21257
located within the municipal corporation;	21258

(6) The income of a public utility, when that public utility	21259
is subject to the tax levied under section 5727.24 or 5727.30 of	21260
the Revised Code, except a municipal corporation may tax the	21261
following, subject to Chapter 5745. of the Revised Code:	21262

(a) Beginning January 1, 2002, the income of an electric	21263
company or combined company;	21264

(b) Beginning January 1, 2004, the income of a telephone	21265
company.	21266

As used in division (H)(6) of this section, "combined	21267
company," "electric company," and "telephone company" have the	21268
same meanings as in section 5727.01 of the Revised Code.	21269

(7) On and after January 1, 2003, items excluded from federal	21270
gross income pursuant to section 107 of the Internal Revenue Code;	21271

(8) On and after January 1, 2001, compensation paid to a	21272
nonresident individual to the extent prohibited under section	21273
718.011 of the Revised Code;	21274

(9)(a) Except as provided in division (H)(9)(b) and (c) of	21275
this section, an S corporation shareholder's distributive share of	21276
net profits of the S corporation, other than any part of the	21277
distributive share of net profits that represents wages as defined	21278
in section 3121(a) of the Internal Revenue Code or net earnings	21279
from self-employment as defined in section 1402(a) of the Internal	21280
Revenue Code.	21281

(b) If, pursuant to division (H) of former section 718.01 of	21282
the Revised Code as it existed before March 11, 2004, a majority	21283
of the electors of a municipal corporation voted in favor of the	21284
question at an election held on November 4, 2003, the municipal	21285
corporation may continue after 2002 to tax an S corporation	21286
shareholder's distributive share of net profits of an S	21287
corporation.	21288

(c) If, on December 6, 2002, a municipal corporation was	21289
imposing, assessing, and collecting a tax on an S corporation	21290
shareholder's distributive share of net profits of the S	21291
corporation to the extent the distributive share would be	21292
allocated or apportioned to this state under divisions (B)(1) and	21293
(2) of section 5733.05 of the Revised Code if the S corporation	21294
were a corporation subject to taxes imposed under Chapter 5733. of	21295
the Revised Code, the municipal corporation may continue to impose	21296
the tax on such distributive shares to the extent such shares	21297
would be so allocated or apportioned to this state only until	21298
December 31, 2004, unless a majority of the electors of the	21299
municipal corporation voting on the question of continuing to tax	21300
such shares after that date vote in favor of that question at an	21301
election held November 2, 2004. If a majority of those electors	21302
vote in favor of the question, the municipal corporation may	21303
continue after December 31, 2004, to impose the tax on such	21304
distributive shares only to the extent such shares would be so	21305
allocated or apportioned to this state.	21306

(d) For the purposes of division (D) of section 718.14 of the	21307
Revised Code, a municipal corporation shall be deemed to have	21308
elected to tax S corporation shareholders' distributive shares of	21309
net profits of the S corporation in the hands of the shareholders	21310
if a majority of the electors of a municipal corporation vote in	21311
favor of a question at an election held under division (H)(9)(b)	21312
or (c) of this section. The municipal corporation shall specify by	21313
ordinance or rule that the tax applies to the distributive share	21314
of a shareholder of an S corporation in the hands of the	21315
shareholder of the S corporation.	21316

(10) Employee compensation that is not "qualifying wages" as	21317
defined in section 718.03 of the Revised Code;	21318

(11) Beginning August 1, 2007, compensation paid to a person	21319
employed within the boundaries of a United States air force base	21320
under the jurisdiction of the United States air force that is used	21321
for the housing of members of the United States air force and is a	21322
center for air force operations, unless the person is subject to	21323
taxation because of residence or domicile. If the compensation is	21324
subject to taxation because of residence or domicile, municipal	21325
income tax shall be payable only to the municipal corporation of	21326
residence or domicile.	21327

(I) Any municipal corporation that taxes any type of	21328
intangible income on March 29, 1988, pursuant to Section 3 of	21329
Amended Substitute Senate Bill No. 238 of the 116th general	21330
assembly, may continue to tax that type of income after 1988 if a	21331
majority of the electors of the municipal corporation voting on	21332
the question of whether to permit the taxation of that type of	21333
intangible income after 1988 vote in favor thereof at an election	21334
held on November 8, 1988.	21335

(J) Nothing in this section or section 718.02 of the Revised	21336
Code shall authorize the levy of any tax on income that a	21337
municipal corporation is not authorized to levy under existing	21338
laws or shall require a municipal corporation to allow a deduction	21339
from taxable income for losses incurred from a sole proprietorship	21340
or partnership.	21341

(K)(1) Nothing in this chapter prohibits a municipal	21342
corporation from allowing, by resolution or ordinance, a net	21343
operating loss carryforward.	21344

(2) Nothing in this chapter requires a municipal corporation	21345
to allow a net operating loss carryforward.	21346

(L)(1) A single member limited liability company that is a	21347
disregarded entity for federal tax purposes may elect to be a	21348
separate taxpayer from its single member in all Ohio municipal	21349
corporations in which it either filed as a separate taxpayer or	21350
did not file for its taxable year ending in 2003, if all of the	21351
following conditions are met:	21352

(a) The limited liability company's single member is also a	21353
limited liability company;	21354

(b) The limited liability company and its single member were	21355
formed and doing business in one or more Ohio municipal	21356
corporations for at least five years before January 1, 2004;	21357

(c) Not later than December 31, 2004, the limited liability	21358
company and its single member each make an election to be treated	21359
as a separate taxpayer under division (L) of this section;	21360

(d) The limited liability company was not formed for the	21361
purpose of evading or reducing Ohio municipal corporation income	21362
tax liability of the limited liability company or its single	21363
member;	21364

(e) The Ohio municipal corporation that is the primary place	21365
of business of the sole member of the limited liability company	21366
consents to the election.	21367

(2) For purposes of division (L)(1)(e) of this section, a	21368
municipal corporation is the primary place of business of a	21369
limited liability company if, for the limited liability company's	21370
taxable year ending in 2003, its income tax liability is greater	21371
in that municipal corporation than in any other municipal	21372
corporation in Ohio, and that tax liability to that municipal	21373
corporation for its taxable year ending in 2003 is at least four	21374
hundred thousand dollars.	21375

Sec. 718.09. (A) This section applies to either of the	21376
following:	21377

(1) A municipal corporation that shares the same territory as	21378
a city, local, or exempted village school district, to the extent	21379
that not more than five per cent of the territory of the municipal	21380
corporation is located outside the school district and not more	21381
than five per cent of the territory of the school district is	21382
located outside the municipal corporation;	21383

(2) A municipal corporation that shares the same territory as	21384
a city, local, or exempted village school district, to the extent	21385
that not more than five per cent of the territory of the municipal	21386
corporation is located outside the school district, more than five	21387
per cent but not more than ten per cent of the territory of the	21388
school district is located outside the municipal corporation, and	21389
that portion of the territory of the school district that is	21390
located outside the municipal corporation is located entirely	21391
within another municipal corporation having a population of four	21392
hundred thousand or more according to the federal decennial census	21393
most recently completed before the agreement is entered into under	21394
division (B) of this section.	21395

(B) The legislative authority of a municipal corporation to	21396
which this section applies may propose to the electors an income	21397
tax, one of the purposes of which shall be to provide financial	21398
assistance to the school district through payment to the district	21399
of not less than twenty-five per cent of the revenue generated by	21400
the tax, except that the legislative authority may not propose to	21401
levy the income tax on the incomes of nonresident individuals.	21402
Prior to proposing the tax, the legislative authority shall	21403
negotiate and enter into a written agreement with the board of	21404
education of the school district specifying the tax rate, the	21405
percentage of tax revenue to be paid to the school district, the	21406
purpose for which the school district will use the money, the	21407
first year the tax will be levied, the date of the special	21408
election on the question of the tax, and the method and schedule	21409
by which the municipal corporation will make payments to the	21410
school district. The special election shall be held on a day	21411
specified in division (D) of section 3501.01 of the Revised Code,	21412
except that the special election may not be held on the day for	21413
holding a primary election as authorized by the municipal	21414
corporation's charter unless the municipal corporation is to have	21415
a primary election on that day.	21416

After the legislative authority and board of education have	21417
entered into the agreement, the legislative authority shall	21418
provide for levying the tax by ordinance. The ordinance shall	21419
state the tax rate, the percentage of tax revenue to be paid to	21420
the school district, the purpose for which the municipal	21421
corporation will use its share of the tax revenue, the first year	21422
the tax will be levied, and that the question of the income tax	21423
will be submitted to the electors of the municipal corporation.	21424
The legislative authority also shall adopt a resolution specifying	21425
the regular or special election date the election will be held and	21426
directing the board of elections to conduct the election. At least	21427
ninety days before the date of the election, the legislative	21428
authority shall file certified copies of the ordinance and	21429
resolution with the board of elections.	21430

(C) The board of elections shall make the necessary	21431
arrangements for the submission of the question to the electors of	21432
the municipal corporation, and shall conduct the election in the	21433
same manner as any other municipal income tax election. Notice of	21434
the election shall be published in a newspaper of general	21435
circulation in the municipal corporation once a week for four	21436
consecutive weeks, or as provided in section 7.16 of the Revised	21437
Code, prior to the election, and shall include statements of the	21438
rate and municipal corporation and school district purposes of the	21439
income tax, the percentage of tax revenue that will be paid to the	21440
school district, and the first year the tax will be levied. The	21441
ballot shall be in the following form:	21442

"Shall the ordinance providing for a ..... per cent levy on	21443
income for (brief description of the municipal corporation and	21444
school district purposes of the levy, including a statement of the	21445
percentage of tax revenue that will be paid to the school	21446
district) be passed? The income tax, if approved, will not be	21447
levied on the incomes of individuals who do not reside in (the	21448
name of the municipal corporation).	21449

21450

		For the income tax			21451
		Against the income tax	"		21452

21453

(D) If the question is approved by a majority of the	21454
electors, the municipal corporation shall impose the income tax	21455
beginning in the year specified in the ordinance. The proceeds of	21456
the levy may be used only for the specified purposes, including	21457
payment of the specified percentage to the school district.	21458

Sec. 718.10. (A) This section applies to a group of two or	21459
more municipal corporations that, taken together, share the same	21460
territory as a single city, local, or exempted village school	21461
district, to the extent that not more than five per cent of the	21462
territory of the municipal corporations as a group is located	21463
outside the school district and not more than five per cent of the	21464
territory of the school district is located outside the municipal	21465
corporations as a group.	21466

(B) The legislative authorities of the municipal corporations	21467
in a group of municipal corporations to which this section applies	21468
each may propose to the electors an income tax, to be levied in	21469
concert with income taxes in the other municipal corporations of	21470
the group, except that a legislative authority may not propose to	21471
levy the income tax on the incomes of individuals who do not	21472
reside in the municipal corporation. One of the purposes of such a	21473
tax shall be to provide financial assistance to the school	21474
district through payment to the district of not less than	21475
twenty-five per cent of the revenue generated by the tax. Prior to	21476
proposing the taxes, the legislative authorities shall negotiate	21477
and enter into a written agreement with each other and with the	21478
board of education of the school district specifying the tax rate,	21479
the percentage of the tax revenue to be paid to the school	21480
district, the first year the tax will be levied, and the date of	21481
the election on the question of the tax, all of which shall be the	21482
same for each municipal corporation. The agreement also shall	21483
state the purpose for which the school district will use the	21484
money, and specify the method and schedule by which each municipal	21485
corporation will make payments to the school district. The special	21486
election shall be held on a day specified in division (D) of	21487
section 3501.01 of the Revised Code, including a day on which all	21488
of the municipal corporations are to have a primary election.	21489

After the legislative authorities and board of education have	21490
entered into the agreement, each legislative authority shall	21491
provide for levying its tax by ordinance. Each ordinance shall	21492
state the rate of the tax, the percentage of tax revenue to be	21493
paid to the school district, the purpose for which the municipal	21494
corporation will use its share of the tax revenue, and the first	21495
year the tax will be levied. Each ordinance also shall state that	21496
the question of the income tax will be submitted to the electors	21497
of the municipal corporation on the same date as the submission of	21498
questions of an identical tax to the electors of each of the other	21499
municipal corporations in the group, and that unless the electors	21500
of all of the municipal corporations in the group approve the tax	21501
in their respective municipal corporations, none of the municipal	21502
corporations in the group shall levy the tax. Each legislative	21503
authority also shall adopt a resolution specifying the regular or	21504
special election date the election will be held and directing the	21505
board of elections to conduct the election. At least ninety days	21506
before the date of the election, each legislative authority shall	21507
file certified copies of the ordinance and resolution with the	21508
board of elections.	21509

(C) For each of the municipal corporations, the board of	21510
elections shall make the necessary arrangements for the submission	21511
of the question to the electors, and shall conduct the election in	21512
the same manner as any other municipal income tax election. For	21513
each of the municipal corporations, notice of the election shall	21514
be published in a newspaper of general circulation in the	21515
municipal corporation once a week for four consecutive weeks, or	21516
as provided in section 7.16 of the Revised Code, prior to the	21517
election. The notice shall include a statement of the rate and	21518
municipal corporation and school district purposes of the income	21519
tax, the percentage of tax revenue that will be paid to the school	21520
district, and the first year the tax will be levied, and an	21521
explanation that the tax will not be levied unless an identical	21522
tax is approved by the electors of each of the other municipal	21523
corporations in the group. The ballot shall be in the following	21524
form:	21525

"Shall the ordinance providing for a ... per cent levy on	21526
income for (brief description of the municipal corporation and	21527
school district purposes of the levy, including a statement of the	21528
percentage of income tax revenue that will be paid to the school	21529
district) be passed? The income tax, if approved, will not be	21530
levied on the incomes of individuals who do not reside in (the	21531
name of the municipal corporation). In order for the income tax to	21532
be levied, the voters of (the other municipal corporations in the	21533
group), which are also in the (name of the school district) school	21534
district, must approve an identical income tax and agree to pay	21535
the same percentage of the tax revenue to the school district.	21536

21537

		For the income tax			21538
		Against the income tax	"		21539

21540

(D) If the question is approved by a majority of the	21541
electors and identical taxes are approved by a majority of the	21542
electors in each of the other municipal corporations in the group,	21543
the municipal corporation shall impose the tax beginning in the	21544
year specified in the ordinance. The proceeds of the levy may be	21545
used only for the specified purposes, including payment of the	21546
specified percentage to the school district.	21547

Sec. 719.012. In order to rehabilitate a building or	21548
structure that a municipal corporation determines to be a blighted	21549
property as defined in section 1.08 of the Revised Code, a	21550
municipal corporation may appropriate, in the manner provided in	21551
sections 163.01 to 163.22 of the Revised Code, any such building	21552
or structure and the real property of which it is a part. The	21553
municipal corporation shall rehabilitate the building or structure	21554
or cause it to be rehabilitated within two years after the	21555
appropriation, so that the building or structure is no longer a	21556
public nuisance, insecure, unsafe, structurally defective,	21557
unhealthful, or unsanitary, or a threat to the public health,	21558
safety, or welfare, or in violation of a building code or	21559
ordinance adopted under section 731.231 of the Revised Code. Any	21560
building or structure appropriated pursuant to this section which	21561
is not rehabilitated within two years shall be demolished.	21562

If during the rehabilitation process the municipal	21563
corporation retains title to the building or structure and the	21564
real property of which it is a part, then within one hundred	21565
eighty days after the rehabilitation is complete, the municipal	21566
corporation shall appraise the rehabilitated building or structure	21567
and the real property of which it is a part, and shall sell the	21568
building or structure and property at public auction. The	21569
municipal corporation shall advertise the public auction in a	21570
newspaper of general circulation in the municipal corporation once	21571
a week for three consecutive weeks, or as provided in section 7.16	21572
of the Revised Code, prior to the date of sale. The municipal	21573
corporation shall sell the building or structure and real property	21574
to the highest and best bidder. No property that a municipal	21575
corporation acquires pursuant to this section shall be leased.	21576

Sec. 719.05. The mayor of a municipal corporation shall,	21577
immediately upon the passage of a resolution under section 719.04	21578
of the Revised Code, declaring an intent to appropriate property,	21579
for which but one reading is necessary, cause written notice to be	21580
given to the owner of, person in possession of, or person having	21581
an interest of record in, every piece of property sought to be	21582
appropriated, or to ~~his~~the authorized agent of the owner or other	21583
such person. Such notice shall be served by a person designated	21584
for the purpose and return made in the manner provided for the	21585
service and return of summons in civil actions. If such owner,	21586
person, or agent cannot be found, notice shall be given by	21587
publication once a week for three consecutive weeks in a newspaper	21588
of general circulation in the municipal corporation or as provided	21589
in section 7.16 of the Revised Code, and the legislative authority	21590
may thereupon pass an ordinance by a two-thirds vote of all	21591
members elected thereto, directing such appropriation to proceed.	21592

Sec. 721.03. No contract, except as provided in section	21593
721.28 of the Revised Code, for the sale or lease of real estate	21594
belonging to a municipal corporation shall be made unless	21595
authorized by an ordinance, approved by a two-thirds vote of the	21596
members of the legislative authority of such municipal	21597
corporation, and by the board or officer having supervision or	21598
management of such real estate. When the contract is so	21599
authorized, it shall be made in writing by such board or officer,	21600
and, except as provided in section 721.27 of the Revised Code,	21601
only with the highest bidder, after advertisement once a week for	21602
five consecutive weeks in a newspaper of general circulation	21603
within the municipal corporation or as provided in section 7.16 of	21604
the Revised Code. Such board or officer may reject any bids and	21605
readvertise until all such real estate is sold or leased.	21606

Sec. 721.15. (A) Personal property not needed for municipal	21607
purposes, the estimated value of which is less than one thousand	21608
dollars, may be sold by the board or officer having supervision or	21609
management of that property. If the estimated value of that	21610
property is one thousand dollars or more, it shall be sold only	21611
when authorized by an ordinance of the legislative authority of	21612
the municipal corporation and approved by the board, officer, or	21613
director having supervision or management of that property. When	21614
so authorized, the board, officer, or director shall make a	21615
written contract with the highest and best bidder after	21616
advertisement for not less than two ornor more than four	21617
consecutive weeks in a newspaper of general circulation within the	21618
municipal corporation or as provided in section 7.16 of the	21619
Revised Code, or with a board of county commissioners upon such	21620
lawful terms as are agreed upon, as provided by division (B)(1) of	21621
section 721.27 of the Revised Code.	21622

(B) When the legislative authority finds, by resolution, that	21623
the municipal corporation has vehicles, equipment, or machinery	21624
which is obsolete, or is not needed or is unfit for public use,	21625
that the municipal corporation has need of other vehicles,	21626
equipment, or machinery of the same type, and that it will be in	21627
the best interest of the municipal corporation that the sale of	21628
obsolete, unneeded, or unfit vehicles, equipment, or machinery be	21629
made simultaneously with the purchase of the new vehicles,	21630
equipment, or machinery of the same type, the legislative	21631
authority may offer to sell, or authorize a board, officer, or	21632
director of the municipal corporation having supervision or	21633
management of the property to offer to sell, those vehicles,	21634
equipment, or machinery and to have the selling price credited	21635
against the purchase price of other vehicles, equipment, or	21636
machinery and to consummate the sale and purchase by a single	21637
contract with the lowest and best bidder to be determined by	21638
subtracting from the selling price of the vehicles, equipment, or	21639
machinery to be purchased by the municipal corporation the	21640
purchase price offered for the municipally-owned vehicles,	21641
equipment, or machinery. When the legislative authority or the	21642
authorized board, officer, or director of a municipal corporation	21643
advertises for bids for the sale of new vehicles, equipment, or	21644
machinery to the municipal corporation, they may include in the	21645
same advertisement a notice of willingness to accept bids for the	21646
purchase of municipally-owned vehicles, equipment, or machinery	21647
which is obsolete, or is not needed or is unfit for public use,	21648
and to have the amount of those bids subtracted from the selling	21649
price as a means of determining the lowest and best bidder.	21650

(C) If the legislative authority of the municipal corporation	21651
determines that municipal personal property is not needed for	21652
public use, or is obsolete or unfit for the use for which it was	21653
acquired, and that the property has no value, the legislative	21654
authority may discard or salvage that property.	21655

(D) Notwithstanding anything to the contrary in division (A)	21656
or (B) of this section and regardless of the property's value, the	21657
legislative authority of a municipal corporation may sell personal	21658
property, including motor vehicles acquired for the use of	21659
municipal officers and departments, and road machinery, equipment,	21660
tools, or supplies, which is not needed for public use, or is	21661
obsolete or unfit for the use for which it was acquired, by	21662
internet auction. The legislative authority shall adopt, during	21663
each calendar year, a resolution expressing its intent to sell	21664
that property by internet auction. The resolution shall include a	21665
description of how the auctions will be conducted and shall	21666
specify the number of days for bidding on the property, which	21667
shall be no less than ten days, including Saturdays, Sundays, and	21668
legal holidays. The resolution shall indicate whether the	21669
municipal corporation will conduct the auction or the legislative	21670
authority will contract with a representative to conduct the	21671
auction and shall establish the general terms and conditions of	21672
sale. If a representative is known when the resolution is adopted,	21673
the resolution shall provide contact information such as the	21674
representative's name, address, and telephone number.	21675

After adoption of the resolution, the legislative authority	21676
shall publish, in a newspaper of general circulation in the	21677
municipal corporation or as provided in section 7.16 of the	21678
Revised Code, notice of its intent to sell unneeded, obsolete, or	21679
unfit municipal personal property by internet auction. The notice	21680
shall include a summary of the information provided in the	21681
resolution and shall be published ~~at least~~ twice. The second ~~and~~	21682
~~any subsequent~~ notice shall be published not less than ten nor	21683
more than twenty days after the previous notice. A similar notice	21684
also shall be posted continually throughout the calendar year in a	21685
conspicuous place in the offices of the village clerk or city	21686
auditor, and the legislative authority~~, and, if~~. If the municipal	21687
corporation maintains a ~~website~~web site on the internet, the	21688
notice shall be posted continually throughout the calendar year at	21689
that ~~website~~web site.	21690

When the property is to be sold by internet auction, the	21691
legislative authority or its representative may establish a	21692
minimum price that will be accepted for specific items and may	21693
establish any other terms and conditions for the particular sale,	21694
including requirements for pick-up or delivery, method of payment,	21695
and sales tax. This type of information shall be provided on the	21696
internet at the time of the auction and may be provided before	21697
that time upon request after the terms and conditions have been	21698
determined by the legislative authority or its representative.	21699

Sec. 721.20. Notice of the filing, pendency, and prayer of	21700
the petition provided for by section 721.19 of the Revised Code	21701
shall be published for four consecutive weeks or as provided in	21702
section 7.16 of the Revised Code, prior to the day of hearing, in	21703
a newspaper ~~published in the municipal corporation, or if there is~~	21704
~~none, then in a newspaper published in the county, and~~ of general	21705
circulation in such municipal corporation.	21706

Sec. 723.07. No street or alley shall be vacated or narrowed	21707
unless notice of the pendency and prayer of the petition under	21708
section 723.04 of the Revised Code is given by publishing, in a	21709
newspaper ~~published or~~ of general circulation in such municipal	21710
corporation, for six consecutive weeks preceding action on such	21711
petition, or~~, where~~as provided in section 7.16 of the Revised	21712
Code preceding action on the petition. Where no newspaper is	21713
~~published~~of general circulation in the municipal corporation,	21714
notice shall be given by posting the notice in three public places	21715
therein six weeks preceding such action. Action thereon shall take	21716
place within three months after the completion of the notice.	21717

Sec. 727.011. For the purpose of controlling the blight and	21718
disease of shade trees within public rights-of-way, and for	21719
planting, maintaining, trimming, and removing shade trees in and	21720
along the streets of a municipality, the legislative authority of	21721
such municipal corporation may establish one or more districts in	21722
the municipality designating the boundaries thereof, and may each	21723
year thereafter, by ordinance, designate the district in which	21724
such control, planting, care, and maintenance shall be effected,	21725
setting forth an estimate of the cost and providing for the levy	21726
of a special assessment upon all the real property in the	21727
district, in the amount and in the manner provided in section	21728
727.01 of the Revised Code, for planting, maintaining, trimming,	21729
and removing shade trees. The ordinance shall be adopted ~~and~~	21730
~~published~~ as other ordinances and a succinct summary of the	21731
ordinance shall be published in the manner provided in section	21732
731.21 of the Revised Code. Bonds and anticipatory notes may be	21733
issued in anticipation of the collection of such special	21734
assessments, under section 133.17 of the Revised Code.	21735

Sec. 727.012. For the purpose of constructing, maintaining,	21736
repairing, cleaning, and enclosing ditches, the legislative	21737
authority of such municipal corporation may establish one or more	21738
districts in the municipality designating the boundaries thereof,	21739
and may each year thereafter, by ordinance, designate the district	21740
in which such constructing, maintaining, repairing, cleaning, and	21741
enclosing of ditches shall be effected, setting forth an estimate	21742
of the cost and providing for the levying of a special assessment	21743
upon all the real property in the district, in the amount and in	21744
the manner provided in section 727.01 of the Revised Code, for	21745
constructing, maintaining, repairing, cleaning, and enclosing	21746
ditches. The ordinance shall be adopted ~~and published~~ as other	21747
ordinances and a succinct summary of the ordinance shall be	21748
published in the manner provided in section 731.21 of the Revised	21749
Code. Bonds and anticipatory notes may be issued in anticipation	21750
of the collection of such special assessments, under section	21751
133.17 of the Revised Code.	21752

Sec. 727.08. The cost of any public improvement to be paid	21753
for directly or indirectly, in whole or in part, by funds derived	21754
from special assessments may include but not be limited to:	21755

(A) The purchase price of real estate or any interest therein	21756
when acquired by purchase, or not more than fifty per cent of the	21757
cost of acquiring such real estate or any interest therein when	21758
acquired by appropriation;	21759

(B) The cost of preliminary and other surveys;

21760

(C) The cost of preparing plans, specifications, profiles,	21761
and estimates except, to the extent that costs of plans,	21762
specifications, and estimates of cost have been paid for by the	21763
levy of assessments under section 729.11 of the Revised Code, such	21764
costs shall not be included in determining the cost of the	21765
improvement under this section;	21766

(D) The cost of printing, serving, and publishing notices,	21767
and summaries of resolutions, and ordinances;	21768

(E) The cost of all special proceedings;

21769

(F) The cost of labor and material, whether furnished by	21770
contract or otherwise;	21771

(G) Interest on securities issued in anticipation of the levy	21772
and collection of the special assessments or, if securities in	21773
anticipation of the levy of the special assessments are not	21774
issued, interest, at a rate to be determined by the legislative	21775
authority in the resolution of necessity adopted pursuant to	21776
section 727.12 of the Revised Code, on moneys advanced by the	21777
municipal corporation for the cost of the public improvement in	21778
anticipation of the levy of the special assessments;	21779

(H) The total amount of damages, resulting from the	21780
improvement, assessed in favor of any owner of lands affected by	21781
the improvement, and interest thereon;	21782

(I) The cost incurred in connection with the preparation,	21783
levy, and collection of the special assessments, including legal	21784
expenses incurred by reason of the improvement;	21785

(J) Incidental costs directly connected with the improvement.

21786

Sec. 727.14. In lieu of the procedure provided in section	21787
727.13 of the Revised Code, the legislative authority may provide	21788
for notice of the passage of a resolution of necessity providing	21789
for the lighting, sprinkling, sweeping, or cleaning of any street,	21790
alley, public road, or place, or parts thereof or for treating the	21791
surface of the same with dust-laying or preservative substances,	21792
or for the planting, maintaining, and removing of shade trees, or	21793
for the constructing, maintaining, repairing, cleaning, and	21794
enclosing of ditches, and the filing of the estimated assessment	21795
under section 727.12 of the Revised Code, to be given by	21796
publication of such notice once a week for two consecutive weeks	21797
in a newspaper of general circulation in the municipal corporation	21798
or as provided in section 7.16 of the Revised Code. When it	21799
appears from the estimated assessment filed as provided by section	21800
727.12 of the Revised Code, that the assessment against the owner	21801
of any lot or parcel of land will exceed two hundred fifty	21802
dollars, such owner shall be notified of the assessment in the	21803
manner provided in section 727.13 of the Revised Code.	21804

Sec. 727.46. When a general plan has been prepared under	21805
section 727.44 of the Revised Code and reported to the legislative	21806
authority, it shall be filed with the clerk of the legislative	21807
authority and the legislative authority shall cause its clerk to	21808
publish, once a week for two consecutive weeks in a newspaper of	21809
general circulation in the municipal corporation or as provided in	21810
section 7.16 of the Revised Code, a notice stating that such	21811
general plan has been prepared and is on file in the office of the	21812
clerk of the legislative authority for examination by interested	21813
persons and that written objections to such plan may be filed in	21814
the office of such clerk before the date specified in the notice,	21815
which shall not be earlier than the seventeenth day following the	21816
date of the first publication in said newspaper. Any person having	21817
an objection to the general plan shall file such objection in	21818
writing, with the clerk of the legislative authority within the	21819
time specified.	21820

Sec. 729.08. The legislative authority of the municipal	21821
corporation shall cause a notice to be published for three	21822
consecutive weeks in a newspaper of general circulation in the	21823
municipal corporation or as provided in section 7.16 of the	21824
Revised Code, stating that such list of estimated assessments has	21825
been made and is on file in the office of the clerk of the	21826
legislative authority for the inspection and examination of	21827
persons interested therein.	21828

If any person objects to an assessment on such list, hethe	21829
person shall file ~~his~~the objection in writing with the clerk of	21830
the legislative authority within two weeks after the expiration of	21831
the notice provided in this section.	21832

Sec. 729.11. In addition to the power conferred upon	21833
municipal corporations under section 727.01 of the Revised Code to	21834
levy and collect special assessments, the legislative authority of	21835
a municipal corporation may, whenever it has determined by	21836
ordinance that it is necessary to construct, enlarge, or improve a	21837
system of storm or sanitary sewerage for the municipal corporation	21838
or any part thereof, including sewage disposal works, treatment	21839
plants, and sewage pumping stations, or a water supply system for	21840
the municipal corporation or any part thereof including mains,	21841
dams, reservoirs, wells, intakes, purification works, and pumping	21842
stations, and that any such improvement shall be constructed,	21843
enlarged, or improved, may levy upon property to be benefited in	21844
the municipal corporation or any designated part thereof, which	21845
property shall be described in the ordinance, a preliminary	21846
assessment upon the benefited lots and lands within the	21847
corporation or such part thereof, apportioned according to	21848
benefits or to the tax valuation or partly by one method and	21849
partly by the other, as the legislative authority determines for	21850
the purpose of paying the costs of general and detailed plans,	21851
specifications, estimates, preparation of the tentative	21852
assessment, financing, and legal services incident to the	21853
preparation of such plans, and a plan for financing the proposed	21854
improvements.	21855

Prior to the adoption of such ordinance, the legislative	21856
authority of such municipal corporation shall give notice of the	21857
pendency thereof and of the proposed determination of the	21858
necessity of the improvement therein generally described, which	21859
notice shall set forth the description of the benefited property	21860
as designated in the ordinance and the time and place of hearing	21861
of objections to and endorsements of the improvement. Such notice	21862
shall be given by publication in a newspaper of general	21863
circulation in the municipal corporation once a week for two	21864
consecutive weeks or as provided in section 7.16 of the Revised	21865
Code, the first publication to be at least two weeks prior to the	21866
date set for the hearing. At such hearing, or at any adjournment	21867
thereof, of which no further published notice need be given, the	21868
legislative authority shall hear all persons whose properties are	21869
proposed to be assessed, and such evidence as is deemed to be	21870
necessary, and shall then determine the necessity of the proposed	21871
improvement and in addition shall determine whether the	21872
improvement shall be made by the municipal corporation, and shall	21873
direct the preparation of tentative assessments upon the benefited	21874
properties and by whom they shall be prepared.	21875

Such assessments shall be in the amount determined to be	21876
necessary by the legislative authority to pay the costs of general	21877
and detailed plans, specifications, estimates of cost, preparation	21878
of the tentative assessment, financing and legal services incident	21879
to the preparation of such plans, and a plan of financing the	21880
proposed improvements, and shall be payable in such number of	21881
years as the legislative authority determines, not to exceed	21882
twenty, together with interest on any notes which may be issued in	21883
anticipation of the collection of such assessments.	21884

The legislative authority may at any time levy additional	21885
assessments according to benefits or to tax valuation or partly by	21886
one method and partly by the other as the legislative authority	21887
determines for such purposes upon such properties to complete the	21888
payment of such costs or to pay the cost of any additional plans,	21889
specifications, estimates of cost, tentative assessments, and the	21890
cost of financing and legal services incident to the preparation	21891
of such plans and such plan of financing, which additional	21892
assessments shall be payable in such number of years as the	21893
legislative authority determines, not to exceed twenty years,	21894
together with interest on any notes and bonds which may be issued	21895
in anticipation of the collection thereof.	21896

Upon completion of the tentative assessments or any	21897
additional assessments, they shall be filed with the clerk of the	21898
legislative authority and shall be and remain open to public	21899
inspection, and thereupon, the legislative authority shall give at	21900
least ten days' notice of the filing thereof in one newspaper of	21901
general circulation in the municipal corporation, or shall give	21902
notice as provided in section 7.16 of the Revised Code, which	21903
notice shall state the time and place when and where such	21904
tentative assessments shall be taken up for consideration. At such	21905
time and place or at any adjournment thereof, of which no further	21906
published notice need be given, the legislative authority shall	21907
hear all persons whose properties are proposed to be assessed,	21908
shall correct any errors and make any revisions that appear to be	21909
necessary or just, and may then pass an ordinance levying upon the	21910
properties determined to be benefited such assessments as so	21911
corrected and revised.	21912

The assessments levied by such ordinance shall be certified	21913
to the county auditor for collection as other taxes in the year or	21914
years in which they are payable; provided any such assessment in	21915
the amount of five dollars or less, or any unpaid balance of any	21916
such assessment which is five dollars or less, shall be paid in	21917
full, and not in installments, at the time the first or next	21918
installment would otherwise become due and payable.	21919

Upon the adoption of such ordinance levying assessments the	21920
legislative authority may authorize contracts to carry out the	21921
purposes for which such assessments have been levied without the	21922
prior issuance of notes and bonds; provided that the payments due	21923
by the municipal corporation do not fall due prior to the times in	21924
which such assessments shall be collected. The municipal	21925
corporation may also issue and sell its bonds with a maximum	21926
maturity of twenty years in anticipation of the collection of such	21927
assessments and may issue its notes in anticipation of the	21928
issuance of such bonds, which notes and bonds shall be issued and	21929
sold as provided in Chapter 133. of the Revised Code.	21930

Sec. 731.141. In those villages that have established the	21931
position of village administrator, as provided by section 735.271	21932
of the Revised Code, the village administrator shall make	21933
contracts, purchase supplies and materials, and provide labor for	21934
any work under the administrator's supervision involving not more	21935
than twenty-five thousand dollars. When an expenditure, other than	21936
the compensation of persons employed by the village, exceeds	21937
twenty-five thousand dollars, the expenditure shall first be	21938
authorized and directed by ordinance of the legislative authority	21939
of the village. When so authorized and directed, except where the	21940
contract is for equipment, services, materials, or supplies to be	21941
purchased under division (D) of section 713.23 or section 125.04	21942
or 5513.01 of the Revised Code, available from a qualified	21943
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the	21944
Revised Code, or required to be purchased from a qualified	21945
nonprofit agency under sections 125.60 to 125.6012 of the Revised	21946
Code, the village administrator shall make a written contract with	21947
the lowest and best bidder after advertisement for not less than	21948
two nor more than four consecutive weeks in a newspaper of general	21949
circulation within the village or as provided in section 7.16 of	21950
the Revised Code. The bids shall be opened and shall be publicly	21951
read by the village administrator or a person designated by the	21952
village administrator at the time, date, and place as specified in	21953
the advertisement to bidders or specifications. The time, date,	21954
and place of bid openings may be extended to a later date by the	21955
village administrator, provided that written or oral notice of the	21956
change shall be given to all persons who have received or	21957
requested specifications no later than ninety-six hours prior to	21958
the original time and date fixed for the opening. All contracts	21959
shall be executed in the name of the village and signed on its	21960
behalf by the village administrator and the clerk.	21961

The legislative authority of a village may provide, by	21962
ordinance, for central purchasing for all offices, departments,	21963
divisions, boards, and commissions of the village, under the	21964
direction of the village administrator, who shall make contracts,	21965
purchase supplies or materials, and provide labor for any work of	21966
the village in the manner provided by this section.	21967

Sec. 731.20. Ordinances, resolutions, and bylaws shall be	21968
authenticated by the signature of the presiding officer and clerk	21969
of the legislative authority of the municipal corporation.	21970
~~Ordinances~~A succinct summary of ordinances of a general nature or	21971
providing for improvements shall be published as provided by	21972
sections 731.21 and 731.22 of the Revised Code before going into	21973
operation. No ordinance shall take effect until the expiration of	21974
ten days after the first publication of such notice. As soon as a	21975
bylaw, resolution, or ordinance is passed and signed, it shall be	21976
recorded by the clerk in a book furnished by the legislative	21977
authority for that purpose.	21978

Sec. 731.21. (A) ~~Notwithstanding any conflicting provision~~	21979
~~of section 7.12 of the Revised Code,~~A succinct summary of each	21980
municipal ordinance or resolution~~, or a succinct summary of each~~	21981
~~municipal ordinance and resolution,~~ and all statements, orders,	21982
proclamations, notices, and reports required by law or ordinance	21983
to be published shall be published ~~as follows:~~	21984

~~(1) In two English language newspapers of opposite politics,~~	21985
~~published and~~in a newspaper of general circulation in the	21986
municipal corporation~~, if there are any such newspapers;~~	21987

~~(2) If two English language newspapers of opposite politics~~	21988
~~are not published and of general circulation in the municipal~~	21989
~~corporation, then in one such political newspaper and one other~~	21990
~~English language newspaper published and of general circulation~~	21991
~~therein;~~	21992

~~(3) If only one english language newspaper is published and~~	21993
~~of general circulation in the municipal corporation, then in that~~	21994
~~newspaper;~~	21995

~~(4) If no english language newspaper is published and of~~	21996
~~general circulation in the municipal corporation, then in any~~	21997
~~English language newspaper of general circulation therein or by~~	21998
~~posting as provided in section 731.25 of the Revised Code, at the~~	21999
~~option of the legislative authority of such municipal corporation~~.	22000
Proof of the publication and required circulation of any newspaper	22001
used as a medium of publication as provided by this section shall	22002
be made by affidavit of the proprietor of ~~either of such~~	22003
~~newspapers~~the newspaper, and shall be filed with the clerk of the	22004
legislative authority.	22005

(B) ~~If a summary of an ordinance or resolution is published~~	22006
~~under division (A) of this section, the~~The publication shall	22007
contain notice that the complete text of each such ordinance or	22008
resolution may be obtained or viewed at the office of the clerk of	22009
the legislative authority of the municipal corporation and may be	22010
viewed at any other location designated by the legislative	22011
authority of the municipal corporation. The city director of law,	22012
village solicitor, or other chief legal officer of the municipal	22013
corporation shall review ~~any~~the summary of an ordinance or	22014
resolution published under this section prior to forwarding it to	22015
the clerk for publication, to ensure that the summary is legally	22016
accurate and sufficient.	22017

(C) Upon publication of a summary of an ordinance or	22018
resolution in accordance with this section, the clerk of the	22019
legislative authority shall supply a copy of the complete text of	22020
each such ordinance or resolution to any person, upon request, and	22021
may charge a reasonable fee, set by the legislative authority, for	22022
each copy supplied. The clerk shall post a copy of the text at ~~his~~	22023
the clerk's office and at every other location designated by the	22024
legislative authority.	22025

Sec. 731.211. In accordance with Section 9 of Article XVIII,	22026
Ohio Constitution, notice of proposed amendments to municipal	22027
charters shall be given in one of the following ways:	22028

(A) Not less than thirty days prior to the election at which	22029
the amendment is to be submitted to the electors, the clerk of the	22030
municipality shall mail a copy of the proposed charter amendment	22031
to each elector whose name appears upon the poll or registration	22032
books of the last regular or general election held therein.	22033

(B) The full text of the proposed charter amendment shall be	22034
published once a week for not less than two consecutive weeks in a	22035
newspaper ~~published~~of general circulation in the municipal	22036
corporation or as provided in section 7.16 of the Revised Code,	22037
with the first publication being at least fifteen days prior to	22038
the election at which the amendment is to be submitted to the	22039
electors. ~~If no newspaper is published in the municipal~~	22040
~~corporation, then such publication shall be made in a newspaper of~~	22041
~~general circulation within the municipal corporation.~~	22042

Sec. 731.22. The publication required in section 731.21 of	22043
the Revised Code shall be for the following times:	22044

(A) ~~Ordinances and resolutions, or summaries~~Summaries of	22045
ordinances or resolutions, and proclamations of elections, once a	22046
week for two consecutive weeks or as provided in section 7.16 of	22047
the Revised Code;	22048

(B) Notices, not less than two nor more than four consecutive	22049
weeks or as provided in section 7.16 of the Revised Code;	22050

22051

Sec. 731.23. When ordinances are revised, codified,	22052
rearranged, published in book form, and certified as correct by	22053
the clerk of the legislative authority of a municipal corporation	22054
and the mayor, such publication shall be a sufficient publication,	22055
and the ordinances so published, under appropriate titles,	22056
chapters, and sections, shall be held the same in law as though	22057
they had been published in a newspaper. A new ordinance so	22058
published in book form, a summary of which has not been published	22059
as required by sections 731.21 and 731.22 of the Revised Code, and	22060
which contains entirely new matter, shall be published as required	22061
by such sections. If such revision or codification is made by a	22062
municipal corporation and contains new matter, it shall be a	22063
sufficient publication of such codification, including the new	22064
matter, to publish, in the manner required by such sections, a	22065
notice of the enactment of such codifying ordinance, containing	22066
the title of the ordinance and a summary of the new matters	22067
covered by it. Such revision and codification may be made under	22068
appropriate titles, chapters, and sections and in one ordinance	22069
containing one or more subjects.	22070

Except as provided by this section, a succinct summary of all	22071
ordinances, including emergency ordinances, shall be published in	22072
accordance with section 731.21 of the Revised Code.	22073

Sec. 731.24. Immediately after the expiration of the period	22074
of publication ~~for ordinances or~~of summaries of ordinances	22075
required by section 731.22 of the Revised Code, the clerk of the	22076
legislative authority of a municipal corporation shall enter on	22077
the record of ordinances, in a blank to be left for such purpose	22078
under the recorded ordinance, a certificate stating in which	22079
newspaper and on what dates such publication was made, and shall	22080
sign ~~his~~the clerk's name thereto officially. Such certificate	22081
shall be prima-facie evidence that legal publication of the	22082
~~ordinance or~~ summary of the ordinance was made.	22083

Sec. 731.25. ~~Notwithstanding any conflicting provision of~~	22084
~~section 7.12 of the Revised Code, in~~In municipal corporations in	22085
which no newspaper is ~~published~~generally circulated, publication	22086
of ~~ordinances and resolutions, or~~ summaries of ordinances and	22087
resolutions, and publication of all statements, orders,	22088
proclamations, notices, and reports, required by law or ordinance	22089
to be published, shall be accomplished ~~in either of the following~~	22090
~~methods, as determined by the legislative authority:~~	22091

~~(A) By~~by posting copies in not less than five of the most	22092
public places in the municipal corporation, as determined by the	22093
legislative authority, for a period of not less than fifteen days	22094
prior to the effective date thereof;	22095

~~(B) By publication in any newspaper printed in this state and~~	22096
~~of general circulation in such municipal corporation~~.	22097

Notices to bidders for the construction of public	22098
improvements and notices of the sale of bonds shall be published	22099
in ~~not more than two newspapers, printed in this state and~~a	22100
newspaper of general circulation in such municipal corporation,	22101
for the time prescribed in section 731.22 of the Revised Code.	22102

Where such publication is by posting, the clerk shall make a	22103
certificate as to such posting, and as to the times when and the	22104
places where such posting is done, in the manner provided in	22105
section 731.24 of the Revised Code, and such certificate shall be	22106
prima-facie evidence that the copies were posted as required.	22107

Sec. 735.05. The director of public service may make any	22108
contract, purchase supplies or material, or provide labor for any	22109
work under the supervision of the department of public service	22110
involving not more than twenty-five thousand dollars. When an	22111
expenditure within the department, other than the compensation of	22112
persons employed in the department, exceeds twenty-five thousand	22113
dollars, the expenditure shall first be authorized and directed by	22114
ordinance of the city legislative authority. When so authorized	22115
and directed, except where the contract is for equipment,	22116
services, materials, or supplies to be purchased under division	22117
(D) of section 713.23 or section 125.04 or 5513.01 of the Revised	22118
Code or available from a qualified nonprofit agency pursuant to	22119
sections 4115.31 to 4115.35 of the Revised Code, the director	22120
shall make a written contract with the lowest and best bidder	22121
after advertisement for not less than two nor more than four	22122
consecutive weeks in a newspaper of general circulation within the	22123
city or as provided in section 7.16 of the Revised Code.	22124

Sec. 735.20. When a whole plan, or any portion thereof, as	22125
provided in section 735.19 of the Revised Code is completed, or	22126
when the location of any avenue, street, roadway, or alley has	22127
been finally determined by the platting commissioner of a city, a	22128
plat of the plan, avenue, street, roadway, or alley shall be	22129
placed in the office of the city engineer for the inspection of	22130
persons interested, and notice that it is ready for inspection	22131
shall be published in ~~one or more newspapers,~~a newspaper of	22132
general circulation within the city, for six consecutive weeks, or	22133
as provided in section 7.16 of the Revised Code.	22134

Sec. 737.32. Except as otherwise provided in this section	22135
and unless the property involved is required to be disposed of	22136
pursuant to another section of the Revised Code, property that is	22137
unclaimed for ninety days or more shall be sold by the chief of	22138
police of the municipal corporation, marshal of the village, or	22139
licensed auctioneer at public auction, after notice of the sale	22140
has been provided by publication once a week for three successive	22141
weeks in a newspaper of general circulation in the county or as	22142
provided in section 7.16 of the Revised Code. The proceeds of the	22143
sale shall be paid to the treasurer of the municipal corporation	22144
and shall be credited to the general fund of the municipal	22145
corporation.	22146

If authorized to do so by an ordinance adopted by the	22147
legislative authority of the municipal corporation and if the	22148
property involved is not required to be disposed of pursuant to	22149
another section of the Revised Code, the chief of police or	22150
marshal may contribute property that is unclaimed for ninety days	22151
or more to one or more public agencies, to one or more nonprofit	22152
organizations no part of the net income of which inures to the	22153
benefit of any private shareholder or individual and no	22154
substantial part of the activities of which consists of carrying	22155
on propaganda or otherwise attempting to influence legislation, or	22156
to one or more organizations satisfying section 501(c)(3) or	22157
(c)(19) of the Internal Revenue Code of 1986.	22158

Sec. 742.41. (A) As used in this section:

22159

(1) "Other system retirant" has the same meaning as in	22160
section 742.26 of the Revised Code.	22161

(2) "Personal history record" includes a member's, former	22162
member's, or other system retirant's name, address, telephone	22163
number, social security number, record of contributions,	22164
correspondence with the Ohio police and fire pension fund, status	22165
of any application for benefits, and any other information deemed	22166
confidential by the trustees of the fund.	22167

(B) The treasurer of state shall furnish annually to the	22168
board of trustees of the fund a sworn statement of the amount of	22169
the funds in the treasurer of state's custody belonging to the	22170
Ohio police and fire pension fund. The records of the fund shall	22171
be open for public inspection except for the following, which	22172
shall be excluded, except with the written authorization of the	22173
individual concerned:	22174

(1) The individual's personal history record;

22175

(2) Any information identifying, by name and address, the	22176
amount of a monthly allowance or benefit paid to the individual.	22177

(C) All medical reports and recommendations required are	22178
privileged, except that copies of such medical reports or	22179
recommendations shall be made available to the personal physician,	22180
attorney, or authorized agent of the individual concerned upon	22181
written release received from the individual or the individual's	22182
agent or, when necessary for the proper administration of the	22183
fund, to the board-assigned physician.	22184

(D) Any person who is a member of the fund or an other system	22185
retirant shall be furnished with a statement of the amount to the	22186
credit of the person's individual account upon the person's	22187
written request. The fund need not answer more than one such	22188
request of a person in any one year.	22189

(E) Notwithstanding the exceptions to public inspection in	22190
division (B) of this section, the fund may furnish the following	22191
information:	22192

(1) If a member, former member, or other system retirant is	22193
subject to an order issued under section 2907.15 of the Revised	22194
Code or an order issued under division (A) or (B) of section	22195
2929.192 of the Revised Code or is convicted of or pleads guilty	22196
to a violation of section 2921.41 of the Revised Code, on written	22197
request of a prosecutor as defined in section 2935.01 of the	22198
Revised Code, the fund shall furnish to the prosecutor the	22199
information requested from the individual's personal history	22200
record.	22201

(2) Pursuant to a court order issued pursuant to Chapter	22202
3119., 3121., 3123., or 3125. of the Revised Code, the fund shall	22203
furnish to a court or child support enforcement agency the	22204
information required under that section.	22205

(3) At the request of any organization or association of	22206
members of the fund, the fund shall provide a list of the names	22207
and addresses of members of the fund and other system retirants.	22208
The fund shall comply with the request of such organization or	22209
association at least once a year and may impose a reasonable	22210
charge for the list.	22211

(4) Within fourteen days after receiving from the director of	22212
job and family services a list of the names and social security	22213
numbers of recipients of public assistance pursuant to section	22214
5101.181 of the Revised Code, the fund shall inform the auditor of	22215
state of the name, current or most recent employer address, and	22216
social security number of each member or other system retirant	22217
whose name and social security number are the same as that of a	22218
person whose name or social security number was submitted by the	22219
director. The fund and its employees shall, except for purposes of	22220
furnishing the auditor of state with information required by this	22221
section, preserve the confidentiality of recipients of public	22222
assistance in compliance with ~~division (A) of~~ section 5101.181 of	22223
the Revised Code.	22224

(5) The fund shall comply with orders issued under section	22225
3105.87 of the Revised Code.	22226

On the written request of an alternate payee, as defined in	22227
section 3105.80 of the Revised Code, the fund shall furnish to the	22228
alternate payee information on the amount and status of any	22229
amounts payable to the alternate payee under an order issued under	22230
section 3105.171 or 3105.65 of the Revised Code.	22231

(6) At the request of any person, the fund shall make	22232
available to the person copies of all documents, including	22233
resumes, in the fund's possession regarding filling a vacancy of a	22234
police officer employee member, firefighter employee member,	22235
police retirant member, or firefighter retirant member of the	22236
board of trustees. The person who made the request shall pay the	22237
cost of compiling, copying, and mailing the documents. The	22238
information described in this division is a public record.	22239

(F) A statement that contains information obtained from the	22240
fund's records that is signed by the secretary of the board of	22241
trustees of the Ohio police and fire pension fund and to which the	22242
board's official seal is affixed, or copies of the fund's records	22243
to which the signature and seal are attached, shall be received as	22244
true copies of the fund's records in any court or before any	22245
officer of this state.	22246

Sec. 745.07. An ordinance passed pursuant to section 745.06	22247
of the Revised Code shall not take effect until submitted to the	22248
electors of the municipal corporation, at a special or general	22249
election held in the municipal corporation at such time as the	22250
legislative authority determines, and approved by a majority of	22251
the electors voting on it. The ordinance shall be passed by an	22252
affirmative vote of not less than a majority of the members of the	22253
legislative authority and shall be subject to the approval of the	22254
mayor as provided by law. The ordinance shall specify the form or	22255
phrasing of the question to be placed upon the ballot. Thirty	22256
days' notice of the election shall be given by publication once a	22257
week for two consecutive weeks in ~~two daily or weekly newspapers~~	22258
~~published or circulated~~a newspaper of general circulation in the	22259
municipal corporation ~~and, if~~or as provided in section 7.16 of	22260
the Revised Code. If the board of elections operates and maintains	22261
a web site, notice of the election also shall be posted on that	22262
web site for thirty days prior to the election. The notice shall	22263
contain the full form or phrasing of the question to be submitted.	22264
The clerk of the legislative authority shall certify the passage	22265
of the ordinance to the officers having control of elections in	22266
the municipal corporation, who shall cause the question to be	22267
voted on at the general or special election as specified in the	22268
ordinance.	22269

Sec. 747.05. The board of rapid transit commissioners shall	22270
have control of the expenditure of all moneys appropriated by the	22271
legislative authority of the city, received from the sale of bonds	22272
provided for in sections 747.01 to 747.13~~, inclusive,~~ of the	22273
Revised Code, or from any other source, for the purchase,	22274
construction, improvement, maintenance, equipment, or enjoyment of	22275
all such rapid transit property, but no liability shall be	22276
incurred or expenditure made unless the money required therefor is	22277
in the city treasury to the credit of the board of rapid transit	22278
commissioners' fund and not appropriated for any other purpose.	22279
Moneys to be derived from the sale of bonds, the issue of which	22280
has been authorized, shall be deemed to be in the treasury to the	22281
credit of such fund.	22282

All moneys expended for the construction and acquisition of	22283
parkways or boulevards, as authorized by such sections, shall be	22284
provided for partly by special appropriation or bond issue and	22285
partly by assessments, as specified in section 747.06 of the	22286
Revised Code, and such funds shall be separately accounted for,	22287
and such expenditure shall not be considered a part of the rapid	22288
transit expenditure authorized by this section. The board may let	22289
contracts for any part of the work to the lowest and best bidder	22290
after three weeks' advertisement in ~~two newspapers~~a newspaper of	22291
general circulation in the city or as provided in section 7.16 of	22292
the Revised Code.	22293

The board may reject any bid, and the proceedings for such	22294
contracts and payment therefor shall be the same as provided for	22295
the director of public service except the requirement of the	22296
approval of the board of control.	22297

Sec. 747.11. The board of rapid transit commissioners may	22298
grant to any corporation organized for street or interurban	22299
railway purposes the right to operate, by lease or otherwise, the	22300
depots, terminals, and railways mentioned in section 747.08 of the	22301
Revised Code upon such terms as the board is authorized by	22302
ordinance to agree upon with such corporation, subject to the	22303
approval of a majority of the electors of the city voting on the	22304
question.	22305

The board of rapid transit commissioners shall certify such	22306
lease or agreement to the board of elections, which shall then	22307
submit the question of the approval of such lease or agreement to	22308
the qualified electors of the city at either a special or general	22309
election as the ordinance specifies. Thirty days' notice of the	22310
election shall be given by publication in ~~one or more of the~~	22311
~~newspapers published~~a newspaper of general circulation in the	22312
city once a week for two consecutive weeks prior to the election,	22313
~~and, if~~or as provided in section 7.16 of the Revised Code. If the	22314
board of elections operates and maintains a web site, the board of	22315
elections shall post notice of the election for thirty days prior	22316
to the election on its web site. The notice shall set forth the	22317
terms of the lease or agreement and the time of holding the	22318
election. On the approval by a majority of the voters voting at	22319
the election, the corporation may operate such depots, terminals,	22320
and railways as provided in the lease or agreement, and	22321
corporations organized under the laws of this state for street or	22322
interurban railway purposes may lease and operate such depots,	22323
terminals, and railways.	22324

Sec. 747.12. Whenever the board of rapid transit	22325
commissioners of a city declares by resolution that real estate of	22326
the city acquired for rapid transit purposes is not needed for the	22327
proper conduct and maintenance of such rapid transit system, such	22328
real estate may be sold or leased by the board to the highest	22329
bidder after advertisement once a week for three consecutive weeks	22330
in a newspaper of general circulation within the city or as	22331
provided in section 7.16 of the Revised Code. The board may reject	22332
any bid and readvertise until all such property is sold or leased.	22333
When the board has twice so offered to sell or lease such	22334
property, and it is not sold or leased, the board may privately	22335
sell or lease it.	22336

Moneys arising from such sales or leases shall be deposited	22337
in the treasury of the city to the credit of the board of rapid	22338
transit commissioners' fund, and may be expended for the purchase,	22339
construction, improvement, maintenance, equipment, and enjoyment	22340
of the city's rapid transit property, as such board directs.	22341

Contracts, leases, deeds, bills of sale, or other instruments	22342
in writing pertaining to such sales or leases shall be executed on	22343
behalf of the city by the board, by its president and secretary.	22344

Sec. 755.16. (A) Any ~~municipal corporation, township,~~	22345
~~township park district, county, or school district~~contracting	22346
subdivision, jointly with one or more other ~~municipal~~	22347
~~corporations, townships, township park districts, counties, or~~	22348
~~school districts or with an educational service center~~contracting	22349
subdivisions, in any combination, ~~and a joint recreation district,~~	22350
may acquire property for, construct, operate, and maintain any	22351
parks, playgrounds, playfields, gymnasiums, public baths, swimming	22352
pools, indoor recreation centers, educational facilities, or	22353
community centers. Any school district or, educational service	22354
center, or state institution of higher education may provide by	22355
the erection of any school or, educational service center, or	22356
state institution of higher education building or premises, or by	22357
the enlargement of, addition to, or reconstruction or improvement	22358
of any school or, educational service center, or state institution	22359
of higher education building or premises, for the inclusion of any	22360
such parks, recreational facilities, educational facilities, and	22361
community centers to be jointly acquired, constructed, operated,	22362
and maintained. Any ~~municipal corporation, township, township park~~	22363
~~district, county, or school district~~contracting subdivision,	22364
jointly with one or more other ~~municipal corporations, townships,~~	22365
~~township park districts, counties, or school districts or with an~~	22366
~~educational service center~~contracting subdivisions, in any	22367
combination, ~~and a joint recreation district,~~ may equip, operate,	22368
and maintain those parks, recreational facilities, educational	22369
facilities, and community centers and may appropriate money for	22370
~~them~~those purposes. ~~An educational service center also may~~	22371
~~appropriate money for purposes of equipping, operating, and~~	22372
~~maintaining those parks, recreational facilities, and community~~	22373
~~centers.~~	22374

Any ~~municipal corporation, township, township park district,~~	22375
~~county, school district, or educational service center~~contracting	22376
subdivision agreeing to jointly acquire, construct, operate, or	22377
maintain parks, recreational facilities, educational facilities,	22378
and community centers pursuant to this section may contribute	22379
lands, money, other personal property, or services to the joint	22380
venture, as may be agreed upon. Any agreement shall specify the	22381
rights of the parties in any lands or personal property	22382
contributed.	22383

Any lands acquired by a township park district pursuant to	22384
Chapter 511. of the Revised Code and established as a public park	22385
or parks may be contributed to a joint venture authorized by this	22386
section. Fees may be charged in connection with the use of any	22387
recreational facilities, educational facilities, and community	22388
centers that may be constructed on those lands.	22389

(B) Any township may, jointly with a private land owner,	22390
construct, operate, equip, and maintain free public playgrounds	22391
and playfields. Any equipment provided by a township pursuant to	22392
this division shall remain township property and shall be used	22393
subject to a right of removal by the township.	22394

(C) As used in this section and in sections 755.17 and 755.18	22395
of the Revised Code:	22396

(1) "Community centers" means facilities characterized by all	22397
of the following:	22398

(a) They are acquired, constructed, operated, or maintained	22399
by ~~political~~contracting subdivisions ~~or an educational service~~	22400
~~center~~ pursuant to division (A) of this section.	22401

(b) They may be used for governmental, civic, or educational	22402
operations or purposes, or recreational activities.	22403

(c) They may be used only by the ~~entities~~contracting	22404
subdivisions that acquire, construct, operate, or maintain them or	22405
by any other person upon terms and conditions determined by those	22406
~~entities~~contracting subdivisions.	22407

(2) "Educational service center" has the same meaning as in	22408
division (A) of section 3311.05 of the Revised Code.	22409

(3) "Contracting subdivision" means a municipal corporation,	22410
township, joint recreation district, township park district,	22411
county, school district, educational service center, or state	22412
institution of higher education.	22413

(4) "School district" means any of the school districts or	22414
joint vocational school districts referred to in section 3311.01	22415
of the Revised Code.	22416

(5) "State institution of higher education" has the same	22417
meaning as in section 3345.011 of the Revised Code.	22418

Sec. 755.29. The board of park trustees, before entering	22419
into any contract for the performance of any work, the cost of	22420
which exceeds ~~ten~~twenty-five thousand dollars, shall cause plans	22421
and specifications and forms of bids to be prepared, and when	22422
adopted by the board, it shall have them printed for distribution	22423
among bidders.	22424

Sec. 755.41. When lands lying within the limits of a	22425
municipal corporation have been dedicated to or for the use of the	22426
public for parks or park lands, and where such lands have remained	22427
unimproved and unused by the public for a period of twenty-one	22428
years and there appears to be little or no possibility that such	22429
lands will be improved and used by the public, the legislative	22430
authority of a municipal corporation in which said lands are	22431
located may, by ordinance, declare such parks or park lands	22432
vacated upon the petition of a majority of the abutting	22433
freeholders. No such parks or park lands shall be vacated unless	22434
notice of the pendency and prayer of the petition is given, in a	22435
newspaper of general circulation in the municipal corporation in	22436
which such lands are situated for three consecutive weeks, or as	22437
provided in section 7.16 of the Revised Code, preceding action on	22438
such petition. No such lands shall be vacated prior to a public	22439
hearing had thereon.	22440

Sec. 755.42. Upon the vacation of parks or park lands as	22441
provided by section 755.41 of the Revised Code, the legislative	22442
authority of a municipal corporation shall offer such lands for	22443
sale at a public auction. No lands shall be sold until the	22444
legislative authority of such municipal corporation gives notice	22445
of intention to sell such lands. Such notice shall be published as	22446
provided in section 7.16 of the Revised Code or once a week for	22447
four consecutive weeks in a newspaper of general circulation in a	22448
municipal corporation in which the sale is to be had. The	22449
legislative authority of such municipal corporation or the board	22450
or officer having supervision or management of such real estate	22451
shall sell such lands to the highest and best bidder, provided	22452
that any and all bids made hereunder may be rejected.	22453

When such sale is made, the mayor or other officer of a	22454
municipal corporation in which sale is had and in which such lands	22455
are located, shall enter into a deed, conveying said lands to the	22456
purchaser thereof. At or after the time of sale, the auditor of	22457
the county shall place the lands sold hereunder on the tax	22458
duplicate of the county at a value to be established by ~~him~~the	22459
auditor as in cases where hethe auditor re-enters property which	22460
has been tax exempt on the taxable list of the county.	22461

The proceeds from the sale of lands sold pursuant to this	22462
section shall be placed in the general fund of the treasury of the	22463
municipal corporation in which such lands are located and may be	22464
disbursed as other general fund moneys.	22465

Sec. 755.43. When real estate ~~which~~that has been dedicated	22466
to or for the use of the public for parks or park lands is vacated	22467
by the legislative authority of a municipal corporation pursuant	22468
to section 755.41 of the Revised Code, and where reversionary	22469
interests have been set up in the event of the non-use of such	22470
lands for the dedicated purpose, such reversionary interests shall	22471
accelerate and vest in the holders thereof upon such vacation.	22472
Thereupon, the auditor of the county shall place the lands on the	22473
tax duplicate of the county in the names of such reversionaries as	22474
are known to and supplied by the legislative authority of the	22475
municipal corporation or the board or officer having supervision	22476
or management of such real estate. If the legislative authority of	22477
such board or officer is unable to furnish the names of such	22478
reversioners, the legislative authority of a municipal corporation	22479
shall fix a date on or before which claims to such real estate may	22480
be asserted and after which such real estate shall be sold. Notice	22481
shall be given of such date and of the sale to be held thereafter,	22482
as provided in section 7.16 of the Revised Code or once each week	22483
for four consecutive weeks in a newspaper of general circulation	22484
in the municipal corporation wherein such lands are located. In	22485
the event that no claims to such lands are asserted or found to be	22486
valid, the lands shall be sold pursuant to section 755.42 of the	22487
Revised Code, and the title of any holders of reversionary	22488
interests shall be extinguished.	22489

Nothing contained in sections 755.41, 755.42, or 755.43 of	22490
the Revised Code shall be construed as limiting any of the home	22491
rule powers conferred upon municipalities by Article XVIII of the	22492
Constitution of the State of Ohio.	22493

Sec. 759.47. Land belonging to a public cemetery and used	22494
for an approach thereto, and which is, in the judgment of a	22495
majority of the officers having control or management thereof,	22496
unnecessary for cemetery purposes, may be sold by them at public	22497
sale to the highest bidder after advertisement as provided in	22498
section 7.16 of the Revised Code or once a week for five	22499
consecutive weeks in a newspaper of general circulation within the	22500
county in which the cemetery is situated. The board of township	22501
trustees or board of cemetery trustees of a municipal corporation	22502
making such sale shall execute in the name of the township or	22503
municipal corporation owning such cemetery proper conveyances for	22504
the land so sold.	22505

Sec. 901.09. (A) The director of agriculture may employ and	22506
establish a compensation rate for seasonal produce graders and	22507
seasonal gypsy mothtrap tenders, who shall be in the unclassified	22508
civil service.	22509

(B) In lieu of employing seasonal gypsy moth tenders as	22510
provided in division (A) of this section, the director may	22511
contract with qualified individuals or entities to perform gypsy	22512
moth trapping.	22513

Sec. 924.52. (A) The Ohio grape industries committee may:

22514

(1) Conduct, and contract with others to conduct, research,	22515
including the study, analysis, dissemination, and accumulation of	22516
information obtained from the research or elsewhere, concerning	22517
the marketing and distribution of grapes and grape products, the	22518
storage, refrigeration, processing, and transportation of them,	22519
and the production and product development of grapes and grape	22520
products. The committee shall expend for these activities ~~no less~~	22521
~~than thirty per cent and~~ no more than seventy per cent of all	22522
money it receives from the Ohio grape industries fund created	22523
under section 924.54 of the Revised Code.	22524

(2) Provide the wholesale and retail trade with information	22525
relative to proper methods of handling and selling grapes and	22526
grape products;	22527

(3) Make or contract for market surveys and analyses,	22528
undertake any other similar activities that it determines are	22529
appropriate for the maintenance and expansion of present markets	22530
and the creation of new and larger markets for grapes and grape	22531
products, and make, in the name of the committee, contracts to	22532
render service in formulating and conducting plans and programs	22533
and such other contracts or agreements as the committee considers	22534
necessary for the promotion of the sale of grapes and grape	22535
products. The committee shall expend for these activities ~~no less~~	22536
~~than thirty per cent and~~ no more than seventy per cent of all	22537
money it receives from the fund.	22538

(4) Publish and distribute to producers and others	22539
information relating to the grape and grape product industries;	22540

(5) Propose to the director of agriculture for adoption,	22541
rescission, or amendment, pursuant to Chapter 119. of the Revised	22542
Code, rules necessary for the exercise of its powers and the	22543
performance of its duties;	22544

(6) Advertise for, post notices seeking, or otherwise solicit	22545
applicants to serve in administrative positions in the department	22546
of agriculture as employees who support the administrative	22547
functions of the committee. Applications shall be submitted to the	22548
committee. The committee shall select applicants that it wishes to	22549
recommend for employment and shall submit a list of the	22550
recommended applicants to the director.	22551

(B) The committee shall:

22552

(1) Promote the sale of grapes and grape products for the	22553
purpose of maintaining and expanding present markets and creating	22554
new and larger intrastate, interstate, and foreign markets for	22555
grapes and grape products, and inform the public of the uses and	22556
benefits of grapes and grape products;	22557

(2) Perform all acts and exercise all powers incidental to,	22558
in connection with, or considered reasonably necessary, proper, or	22559
advisable to effectuate the purposes of this section.	22560

Sec. 927.69. To effect the purpose of sections 927.51 to	22561
927.73 of the Revised Code, the director of agriculture or the	22562
director's authorized representative may:	22563

(A) Make reasonable inspection of any premises in this state	22564
and any property therein or thereon;	22565

(B) Stop and inspect in a reasonable manner, any means of	22566
conveyance moving within this state upon probable cause to believe	22567
it contains or carries any pest, host, commodity, or other article	22568
that is subject to sections 927.51 to 927.72 of the Revised Code;	22569

(C) Conduct inspections of agricultural products that are	22570
required by other states, the United States department of	22571
agriculture, other federal agencies, or foreign countries to	22572
determine whether the products are infested. If, upon making such	22573
an inspection, the director or the director's authorized	22574
representative determines that an agricultural product is not	22575
infested, the director or the director's authorized representative	22576
may issue a certificate, as required by other states, the United	22577
States department of agriculture, other federal agencies, or	22578
foreign countries, indicating that the product is not infested.	22579

If the director charges fees for any of the certificates,	22580
agreements, or inspections specified in this section, the fees	22581
shall be as follows:	22582

(1) ~~Phyto sanitary~~Phytosanitary certificates, twenty-five	22583
dollars for ~~those collectors or dealers that are licensed under~~	22584
~~section 927.53 of the Revised Code~~shipments comprised exclusively	22585
of nursery stock;	22586

(2) ~~Phyto sanitary~~Phytosanitary certificates, one hundred	22587
dollars for all others;	22588

(3) Phytosanitary certificates, twenty-five dollars for	22589
replacement of an issued certificate because of a mistake on the	22590
certificate or a change made by the shipper if no additional	22591
inspection is required;	22592

(4) Compliance agreements, forty dollars;

22593

~~(4)~~(5) Agricultural products and their conveyances	22594
inspections, an amount equal to the hourly rate of pay in the	22595
highest step in the pay range, including fringe benefits, of a	22596
plant pest control specialist multiplied by the number of hours	22597
worked by such a specialist in conducting an inspection.	22598

The director may adopt rules under section 927.52 of the	22599
Revised Code that define the certificates, agreements, and	22600
inspections.	22601

The fees shall be credited to the plant pest program fund	22602
created in section 927.54 of the Revised Code.	22603

Sec. 951.11. A person finding an animal at large in	22604
violation of section 951.01 or 951.02 of the Revised Code, may,	22605
and a law enforcement officer of a county, township, city, or	22606
village, on view or information, shall, take and confine such	22607
animal, forthwith giving notice thereof to the owner or keeper, if	22608
known, and, if not known, by publishing a notice describing such	22609
animal ~~at least~~ once in a newspaper of general circulation in the	22610
county, township, city, or village wherein the animal was found.	22611
If the owner or keeper does not appear and claim the animal and	22612
pay the compensation prescribed in section 951.13 of the Revised	22613
Code for so taking, advertising, and keeping it within ten days	22614
from the date of such notice, such person or the county shall have	22615
a lien therefor and the animal may be sold at public auction as	22616
provided in section 1311.49 of the Revised Code, and the residue	22617
of the proceeds of sale shall be paid and deposited by the	22618
treasurer in the general fund of the county.	22619

Sec. 1309.528. ~~(A)~~ All fees collected by the secretary of	22620
state for filings under Title XIII or XVII of the Revised Code	22621
shall be deposited into the state treasury to the credit of the	22622
corporate and uniform commercial code filing fund, which is hereby	22623
created. All moneys credited to the fund~~, subject to division (B)~~	22624
~~of this section,~~ shall be used for the purpose of paying for the	22625
operations of the office of the secretary of state and for the	22626
purpose of paying for expenses relating to the processing of	22627
filings under Title XIII or XVII of the Revised Code.	22628

~~(B) There is hereby created in the state treasury the~~	22629
~~secretary of state business technology fund. One per cent of the~~	22630
~~money credited to the corporate and uniform commercial code filing~~	22631
~~fund created in division (A) of this section shall be transferred~~	22632
~~to the credit of this fund. All moneys credited to this fund shall~~	22633
~~be used only for the upkeep, improvement, or replacement of~~	22634
~~equipment, or for the purpose of training employees in the use of~~	22635
~~equipment, used to conduct business of the secretary of state's~~	22636
~~office under Title XIII or XVII of the Revised Code.~~	22637

Sec. 1327.46. ~~(A)~~As used in sections 1327.46 to 1327.61 of	22638
the Revised Code:	22639

(A) "Weights and measures" means all weights and measures of	22640
every kind, instruments and devices for weighing and measuring,	22641
and any appliances and accessories associated with any such	22642
instruments and devices, except that ~~the term~~"weights and	22643
measures" shall not be construed to include meters for the	22644
measurement of electricity, gas, whether natural or manufactured,	22645
or water when the same are operated in a public utility system.	22646
Such electricity, gas, and water meters, and appliances or	22647
accessories associated therewith, are specifically excluded from	22648
the purview of the weights and measures laws.	22649

(B) "Intrastate commerce" means all commerce or trade that is	22650
begun, carried on, and completed wholly within the limits of this	22651
state, and "introduced into intrastate commerce" defines the time	22652
and place in which the first sale and delivery of a commodity is	22653
made within the state, the delivery being made either directly to	22654
the purchaser or to a common carrier for shipment to the	22655
purchaser.	22656

(C) "Package" means any commodity put up or packaged in any	22657
manner in advance of sale in units suitable for either wholesale	22658
or retail sale.	22659

(D) "Consumer package" means a package that is customarily	22660
produced or distributed for sale through a retail sales agency for	22661
consumption by an individual or use by an individual.	22662

(E) "Weight" as used in connection with any commodity means	22663
net weight.	22664

(F) "Correct" as used in connection with weights and measures	22665
means conformity with all applicable requirements of sections	22666
1327.46 to 1327.61 of the Revised Code and rules adopted pursuant	22667
to those sections.	22668

(G) "Primary standards" means the physical standards of the	22669
state that serve as the legal reference from which all other	22670
standards and weights and measures are derived.	22671

(H) "Secondary standards" means the physical standards that	22672
are traceable to the primary standards through comparisons, using	22673
acceptable laboratory procedures, and used in the enforcement of	22674
weights and measures laws and rules.	22675

(I) "Sale from bulk" means the sale of commodities when the	22676
quantity is determined at the time of sale.	22677

(J) "Net weight" means the weight of a commodity, excluding	22678
any materials, substances, or items not considered to be a part of	22679
the commodity. Materials, substances, or items not considered to	22680
be part of the commodity include, but are not limited to,	22681
containers, conveyances, bags, wrappers, packaging materials,	22682
labels, individual piece coverings, decorative accompaniments, and	22683
coupons.	22684

(K) "Random weight package" means a package that is one of a	22685
lot, shipment, or delivery of packages of the same commodity with	22686
no fixed pattern of weights.	22687

(L) "Sold" includes keeping, offering, or exposing for sale.

22688

(M) "Commercially used weighing and measuring device" means a	22689
device described in the national institute of standards and	22690
technology handbook 44 or its supplements and revisions and any	22691
other weighing and measuring device designated by rules adopted	22692
under division (C) of section 1327.50 of the Revised Code.	22693
"Commercially used weighing and measuring device" includes, but is	22694
not limited to, a livestock scale, vehicle scale, railway scale,	22695
vehicle tank meter, bulk rack meter, and LPG meter.	22696

(N) "Livestock scale" means a scale equipped with stock racks	22697
and gates that is adapted to weighing livestock standing on the	22698
scale platform.	22699

(O) "Vehicle scale" means a scale that is adapted to weighing	22700
highway, farm, or other large industrial vehicles other than	22701
railroad cars.	22702

(P) "Railway scale" means a rail scale that is designed to	22703
weigh railroad cars.	22704

(Q) "Vehicle tank meter" means a vehicle mounted device that	22705
is designed for the measurement and delivery of liquid products	22706
from a tank.	22707

(R) "Bulk rack meter" means a wholesale device, usually	22708
mounted on a rack, that is designed for the measurement and	22709
delivery of liquid products.	22710

(S) "LPG meter" means a system, including a mechanism or	22711
machine of the meter type, that is designed to measure and deliver	22712
liquefied petroleum gas in the liquid state by a definite quantity	22713
whether installed in a permanent location or mounted on a vehicle.	22714

Sec. 1327.50. The director of agriculture shall:

22715

(A) Maintain traceability of the state standards to those of	22716
the national institute of standards and technology;	22717

(B) Enforce sections 1327.46 to 1327.61 of the Revised Code;

22718

(C) Issue reasonable rules for the uniform enforcement of	22719
sections 1327.46 to 1327.61 of the Revised Code, which rules shall	22720
have the force and effect of law;	22721

(D) Establish standards of weight, measure, or count,	22722
reasonable standards of fill, and standards for the voluntary	22723
presentation of cost per unit information for any package;	22724

(E) Grant any exemptions from sections 1327.46 to 1327.61 of	22725
the Revised Code, or any rules adopted under those sections, when	22726
appropriate to the maintenance of good commercial practices in the	22727
state;	22728

(F) Conduct investigations to ensure compliance with sections	22729
1327.46 to 1327.61 of the Revised Code;	22730

(G) Delegate to appropriate personnel any of these	22731
responsibilities for the proper administration of the director's	22732
office;	22733

(H) Test as often as is prescribed by rule the standards of	22734
weight and measure used by any municipal corporation or county	22735
within the state, and approve the same when found to be correct;	22736

(I) Inspect and test weights and measures ~~kept, offered, or~~	22737
~~exposed for sale~~that are sold;	22738

(J) Inspect and test to ascertain if they are correct,	22739
weights and measures commercially used either:	22740

(1) In determining the weight, measure, or count of	22741
commodities or things sold~~, or offered or exposed for sale,~~ on the	22742
basis of weight, measure, or count;	22743

(2) In computing the basic charge or payment for goods or	22744
services rendered on the basis of weight, measure, or count.	22745

(K) Test all weights and measures used in checking the	22746
receipt or disbursement of supplies in every institution, for the	22747
maintenance of which funds are appropriated by the general	22748
assembly;	22749

(L) Approve for use, and may mark, such weights and measures	22750
as the director finds to be correct, and shall reject and mark as	22751
rejected such weights and measures as the director finds to be	22752
incorrect. Weights and measures that have been rejected may be	22753
seized if not corrected within the time specified or if used or	22754
disposed of in a manner not specifically authorized, and may be	22755
condemned and seized if found to be incorrect and not capable of	22756
being made correct.	22757

(M) Weigh, measure, or inspect packaged commodities ~~kept,~~	22758
~~offered, or exposed for sale,~~that are sold, or in the process of	22759
delivery to determine whether they contain the amounts represented	22760
and whether they are ~~kept, offered, or exposed for sale~~sold in	22761
accordance with sections 1327.46 to 1327.61 of the Revised Code or	22762
rules adopted under those sections. In carrying out this section,	22763
the director shall employ recognized sampling procedures, such as	22764
those designated in the national institute of standards and	22765
technology handbook 133 "checking the net contents of packaged	22766
goods."	22767

(N) Prescribe by rule the appropriate term or unit of weight	22768
or measure to be used, whenever the director determines in the	22769
case of a specific commodity that an existing practice of	22770
declaring the quantity by weight, measure, numerical count, or	22771
combination thereof, does not facilitate value comparisons by	22772
consumers, or offers an opportunity for consumer confusion;	22773

(O) Allow reasonable variations from the stated quantity of	22774
contents, which shall include those caused by unavoidable	22775
deviations in good manufacturing practice and by loss or gain of	22776
moisture during the course of good distribution practice, only	22777
after the commodity has entered intrastate commerce;	22778

(P) Provide for the weights and measures training of	22779
inspector personnel and establish minimum training requirements,	22780
which shall be met by all inspector personnel, whether county,	22781
municipal, or state;	22782

(Q) Prescribe the methods of tests and inspections to be	22783
employed in the enforcement of sections 1327.46 to 1327.61 of the	22784
Revised Code. The director may prescribe the official test and	22785
inspection forms to be used.	22786

(R) Provide by rule for voluntary registration with the	22787
director of private weighing and measuring device servicing	22788
agencies, and personnel;	22789

(S) In conjunction with the national institute of standards	22790
and technology, operate a type evaluation program for	22791
certification of weighing and measuring devices as part of the	22792
national type evaluation program. The director shall establish a	22793
schedule of fees for services rendered by the department of	22794
agriculture for type evaluation services. The director may require	22795
any weighing or measuring instrument or device to be traceable to	22796
a national type evaluation program certificate of conformance	22797
prior to use for commercial or law enforcement purposes.	22798

Sec. 1327.501. (A) No person shall operate in this state a	22799
commercially used weighing and measuring device, for which a fee	22800
is established in division (G) of this section unless the operator	22801
of the device obtains a permit issued by the director of	22802
agriculture or the director's designee.	22803

(B) An application for a permit shall be submitted to the	22804
director on a form that the director prescribes and provides. The	22805
applicant shall include with the application any information that	22806
is specified on the application form as well as the application	22807
fee established in this section.	22808

(C) Upon receipt of a completed application and the required	22809
fee from an applicant, the director or the director's designee	22810
shall issue or deny the permit to operate the commercially used	22811
weighing and measuring device that was the subject of the	22812
application.	22813

(D) A permit issued under this section expires on the	22814
thirtieth day of June of the year following its issuance and may	22815
be renewed annually on or before the first day of July of that	22816
year upon payment of a permit renewal fee established in this	22817
section.	22818

(E) If a permit renewal fee is more than sixty days past due,	22819
the director may assess a late penalty in an amount established	22820
under this section.	22821

(F) The director shall do both of the following:

22822

(1) Establish procedures and requirements governing the	22823
issuance or denial of permits under this section;	22824

(2) Establish late penalties to be assessed for the late	22825
payment of a permit renewal fee and fees for the replacement of	22826
lost or destroyed permits.	22827

(G) An applicant for a permit to operate under this section	22828
shall pay an application fee in the following applicable amount:	22829

(1) Seventy-five dollars for a livestock scale;

22830

(2) Seventy-five dollars for a vehicle scale;

22831

(3) Seventy-five dollars for a railway scale;

22832

(4) Seventy-five dollars for a vehicle tank meter;

22833

(5) Seventy-five dollars for a bulk rack meter;

22834

(6) Seventy-five dollars for a LPG meter.

22835

A person who is issued a permit under this section and who	22836
seeks to renew that permit shall pay an annual permit renewal fee.	22837
The amount of a permit renewal fee shall be equal to the	22838
application fee for that permit established in this division.	22839

(H) All money collected through the payment of fees and the	22840
imposition of penalties under this section shall be credited to	22841
the metrology and scale certification and device permitting fund	22842
created in section 1327.511 of the Revised Code.	22843

Sec. 1327.51. (A) When necessary for the enforcement of	22844
sections 1327.46 to 1327.61 of the Revised Code or rules adopted	22845
pursuant thereto, the director of agriculture and any weights and	22846
measures official acting under the authority of section 1327.52 of	22847
the Revised Code may do any of the following:	22848

(1) Enter any commercial premises during normal business	22849
hours, except that in the event such premises are not open to the	22850
public, hethe director or official shall first present ~~his~~the	22851
director's or official's credentials and obtain consent before	22852
making entry thereto, unless a search warrant previously has been	22853
obtained;	22854

(2) Issue stop-use, hold, and removal orders with respect to	22855
any weights and measures commercially used, and stop-sale, hold,	22856
and removal orders with respect to any packaged commodities or	22857
bulk commodity observed to be or believed to be ~~kept, offered, or~~	22858
~~exposed for sale~~sold;	22859

(3) Seize for use as evidence any incorrect or unapproved	22860
weight or measure or any package or commodity found to be used,	22861
retained, ~~offered or exposed for sale,~~ or sold in violation of	22862
sections 1327.46 to 1327.61 of the Revised Code or rules	22863
~~promulgated~~adopted pursuant thereto.	22864

(B) The director shall afford an opportunity for a hearing in	22865
accordance with Chapter 119. of the Revised Code to any owner or	22866
operator whose property is seized by the ~~Ohio~~ department of	22867
agriculture.	22868

Sec. 1327.511. All money collected under ~~section~~sections	22869
1327.50 and 1327.501 of the Revised Code from fees and for	22870
services rendered by the department of agriculture in operating	22871
the type evaluation program, a metrology laboratory program, and	22872
the device permitting program shall be deposited in the state	22873
treasury to the credit of the metrology and scale certification	22874
and device permitting fund, which is hereby created. Money	22875
credited to the fund shall be used to pay operating costs incurred	22876
by the department in administering the ~~program~~programs.	22877

Sec. 1327.54. No person shall misrepresent the price of any	22878
commodity or service sold~~, offered, exposed,~~ or advertised for	22879
sale by weight, measure, or count, nor represent the price in any	22880
manner calculated or tending to mislead or in any way deceive a	22881
person.	22882

Sec. 1327.57. (A) Except as otherwise provided by law, any	22883
consumer package or commodity in package form introduced or	22884
delivered for introduction into or received in intrastate	22885
commerce~~, kept for the purpose of sale, or offered~~ or ~~exposed for~~	22886
~~sale~~sold in intrastate commerce shall bear on the outside of the	22887
package a definite, plain, and conspicuous declaration, as may be	22888
prescribed by rule adopted by the director of agriculture, of any	22889
of the following, as applicable:	22890

(1) The identity of the commodity in the package unless the	22891
same can easily be identified through the wrapper or container;	22892

(2) The net quantity of the contents in terms of weight,	22893
measure, or count;	22894

(3) In the case of any package ~~kept, or offered or exposed~~	22895
~~for sale, or~~ sold at any place other than on the premises where	22896
packed, the name and place of business of the manufacturer,	22897
packer, or distributor.	22898

This section does not apply to beer or intoxicating liquor as	22899
defined in section 4301.01 of the Revised Code, or packages	22900
thereof, or to malt or brewer's wort, or packages thereof.	22901

(B) Under division (A)(2) of this section, neither the	22902
qualifying term "when packed" or any words of similar import, nor	22903
any term qualifying a unit of weight, measure, or count that tends	22904
to exaggerate the amount of commodity in a package, shall be used.	22905

(C) In addition to the declarations required by division (A)	22906
of this section, any package or commodity in package form, if the	22907
package is one of a lot containing random weights, measures, or	22908
counts of the same commodity and bears the total selling price of	22909
the package, shall bear on the outside of the package a plain and	22910
conspicuous declaration of the price per single unit of weight,	22911
measure, or count.	22912

(D) No package or commodity in package form shall be so	22913
wrapped, nor shall it be in a container so made, formed, or	22914
filled, as to mislead the purchaser as to the quantity of the	22915
contents of the package, and the contents of a container shall not	22916
fall below any reasonable standard of fill that may have been	22917
prescribed for the commodity in question by the director.	22918

Sec. 1327.62. Whenever the director of agriculture, or ~~his~~	22919
the director's designee, has cause to believe that any person has	22920
violated, or is violating~~, section~~any provision of sections	22921
~~1327.54 or~~1327.46 to 1327.61 of the Revised Code or a rule	22922
adopted under them, hethe director, or ~~his~~the director's	22923
designee, may conduct a hearing in accordance with Chapter 119. of	22924
the Revised Code to determine whether a violation has occurred. If	22925
the director or ~~his~~the director's designee determines that the	22926
person has violated or is violating ~~section 1327.54 or~~any	22927
provision of sections 1327.46 to 1327.61 of the Revised Code or a	22928
rule adopted under it, hethe director or the director's designee	22929
may assess a civil penalty against the person. The person is	22930
liable for a civil penalty of not more than five hundred dollars	22931
for a first violation; for a second violation the person is liable	22932
for a civil penalty of not more than two thousand five hundred	22933
dollars; for each subsequent violation that occurs within five	22934
years after the second violation, the person is liable for a civil	22935
penalty of not more than ten thousand dollars.	22936

Any person assessed a civil penalty under this section shall	22937
pay the amount prescribed to the department of agriculture. The	22938
department shall remit all moneys collected under this section to	22939
the treasurer of state for deposit in the general revenue fund.	22940

Sec. 1327.99. Whoever violates section 1327.501 or 1327.54	22941
or division (A), (B), (C), or (D) of section 1327.61 of the	22942
Revised Code or a rule adopted under sections 1327.46 to 1327.61	22943
of the Revised Code is guilty of a misdemeanor of the second	22944
degree on a first offense; on each subsequent offense within seven	22945
years after the first offense, such person is guilty of a	22946
misdemeanor of the first degree.	22947

Sec. 1329.04. Registration of a trade name or report of a	22948
fictitious name, under sections 1329.01 to 1329.10 of the Revised	22949
Code, shall be effective for a term of five years from the date of	22950
registration or report. Upon application filed within six months	22951
prior to the expiration of such term, on a form furnished by the	22952
secretary of state, the registration or report may be renewed at	22953
the end of each five-year period for a like term, provided that a	22954
general partnership shall renew its registration or report	22955
whenever any partner named on its registration or report ceases to	22956
be a partner. Such a renewal shall extend the registration or	22957
report for five years, unless further changes occur in the	22958
interim. The renewal fee specified in division (S)(3) of section	22959
111.16 of the Revised Code, payable to the secretary of state,	22960
shall accompany the application for renewal of the registration or	22961
report.	22962

The secretary of state shall notify persons who have	22963
registered trade names or reported fictitious names, within the	22964
six months next preceding the expiration of the five years from	22965
the date of registration or report, of the necessity of renewal by	22966
~~writing~~ordinary or electronic mail to the last known physical or	22967
electronic mail address of such persons.	22968

Sec. 1329.42. A person who uses in this state a name, mark,	22969
or device to indicate ownership of articles or supplies may file	22970
in the office of the secretary of state, on a form to be	22971
prescribed by the secretary of state, a verified statement setting	22972
forth, but not limited to, the following information:	22973

(A) The name and business address of the person filing the	22974
statement; and, if a corporation, the state of incorporation;	22975

(B) The nature of the business of the applicant;

22976

(C) The type of articles or supplies in connection with which	22977
the name, mark, or device is used.	22978

The statement shall include or be accompanied by a specimen	22979
evidencing actual use of the name, mark, or device, together with	22980
the filing fee specified in division (U)(1) of section 111.16 of	22981
the Revised Code. The registration of a name, mark, or device	22982
pursuant to this section is effective for a ten-year period	22983
beginning on the date of registration. If an application for	22984
renewal is filed within six months prior to the expiration of the	22985
ten-year period on a form prescribed by the secretary of state,	22986
the registration may be renewed at the end of each ten-year period	22987
for an additional ten-year period. The renewal fee specified in	22988
division (U)(2) of section 111.16 of the Revised Code shall	22989
accompany the application for renewal. The secretary of state	22990
shall notify a registrant within the six months next preceding the	22991
expiration of ten years from the date of registration of the	22992
necessity of renewal by ~~writing~~ordinary or electronic mail to the	22993
last known physical or electronic mail address of the registrant.	22994

Sec. 1332.24. (A)(1) In accordance with section 1332.25 of	22995
the Revised Code, the director of commerce may issue to any	22996
person, or renew, a video service authorization, which	22997
authorization confers on the person the authority, subject to	22998
sections 1332.21 to 1332.34 of the Revised Code, to provide video	22999
service in its video service area; construct and operate a video	23000
service network in, along, across, or on public rights-of-way for	23001
the provision of video service; and, when necessary to provide	23002
that service, exercise the power of a telephone company under	23003
section 4931.04 of the Revised Code. The term of a video service	23004
authorization or authorization renewal shall be ten years.	23005

(2) For the purposes of the "Cable Communications Policy Act	23006
of 1984," Pub. L. No. 98-549, 98 Stat. 2779, 47 U.S.C. 521 et	23007
seq., a video service authorization shall constitute a franchise	23008
under that law, and the director shall be the sole franchising	23009
authority under that law for video service authorizations in this	23010
state.	23011

(3) The director may impose upon and collect an annual	23012
assessment on video service providers. All money collected under	23013
division (A)(3) of this section shall be deposited in the state	23014
treasury to the credit of the ~~division of administration~~video	23015
service authorization fund created under section ~~121.08~~1332.25	23016
of the Revised Code. The total amount assessed in a fiscal year	23017
shall not exceed the lesser of four hundred fifty thousand dollars	23018
or, as shall be determined annually by the director, the	23019
department's actual, current fiscal year administrative costs in	23020
carrying out its duties under sections 1332.21 to 1332.34 of the	23021
Revised Code. The director shall allocate that total amount	23022
proportionately among the video service providers to be assessed,	23023
using a formula based on subscriber counts as of the thirty-first	23024
day of December of the preceding calendar year, which counts shall	23025
be submitted to the director not later than the thirty-first day	23026
of January of each year, via a notarized statement signed by an	23027
authorized officer. Any information submitted by a video service	23028
provider to the director for the purpose of determining subscriber	23029
counts shall be considered trade secret information, shall not be	23030
disclosed except by court order, and shall not constitute a public	23031
record under section 149.43 of the Revised Code. On or about the	23032
first day of June of each year, the director shall send to each	23033
video service provider to be assessed written notice of its	23034
proportional amount of the total assessment. The provider shall	23035
pay that amount on a quarterly basis not later than forty-five	23036
days after the end of each calendar quarter. After the initial	23037
assessment, the director annually shall reconcile the amount	23038
collected with the total, current amount assessed pursuant to this	23039
section, and either shall charge each assessed video service	23040
provider its respective proportion of any insufficiency or	23041
proportionately credit the provider's next assessment for any	23042
excess collected.	23043

(B)(1) The director may investigate alleged violations of or	23044
failures to comply with division (A) of section 1332.23, division	23045
(A) of this section, division (C) of section 1332.25, division (C)	23046
or (D) of section 1332.26, division (A), (B), or (C) of section	23047
1332.27, division (A) of section 1332.28, division (A) or (B) of	23048
section 1332.29, or section 1332.30 or 1332.31 of the Revised	23049
Code, or complaints concerning any such violation or failure.	23050
Except as provided in this section, the director has no authority	23051
to regulate video service in this state, including, but not	23052
limited to, the rates, terms, or conditions of that service.	23053

(2) In conducting an investigation under division (B)(1) of	23054
this section, the director, by subpoena, may compel witnesses to	23055
testify in relation to any matter over which the director has	23056
jurisdiction and may require the production of any book, record,	23057
or other document pertaining to that matter. If a person fails to	23058
file any statement or report, obey any subpoena, give testimony,	23059
produce any book, record, or other document as required by a	23060
subpoena, or permit photocopying of any book, record, or other	23061
document subpoenaed, the court of common pleas of any county in	23062
this state, upon application made to it by the director, shall	23063
compel obedience by attachment proceedings for contempt, as in the	23064
case of disobedience of the requirements of a subpoena issued from	23065
the court or a refusal to testify.	23066

(C)(1) If the director finds that a person has violated or	23067
failed to comply with division (A) of section 1332.23, division	23068
(A) of this section, division (C) of section 1332.25, division (C)	23069
or (D) of section 1332.26, division (A), (B), or (C) of section	23070
1332.27, division (A) of section 1332.28, division (A) or (B) of	23071
section 1332.29, or section 1332.30 or 1332.31 of the Revised	23072
Code, and the person has failed to cure the violation or failure	23073
after reasonable, written notice and reasonable time to cure, the	23074
director may do any of the following:	23075

(a) Apply to the court of common pleas of any county in this	23076
state for an order enjoining the activity or requiring compliance.	23077
Such an action shall be commenced not later than three years after	23078
the date the alleged violation or failure occurred or was	23079
reasonably discovered. Upon a showing by the director that the	23080
person has engaged in a violation or failure to comply, the court	23081
shall grant an injunction, restraining order, or other appropriate	23082
relief.	23083

(b) Enter into a written assurance of voluntary compliance	23084
with the person;	23085

(c) Pursuant to an adjudication under Chapter 119. of the	23086
Revised Code, assess a civil penalty in an amount determined by	23087
the director, including for any failure to comply with an	23088
assurance of voluntary compliance under division (C)(1)(b) of this	23089
section. The amount shall be not more than one thousand dollars	23090
for each day of violation or noncompliance, not to exceed a total	23091
of ten thousand dollars, counting all subscriber impacts as a	23092
single violation or act of noncompliance. In determining whether a	23093
civil penalty is appropriate under division (C)(1)(c) of this	23094
section, the director shall consider all of the following factors:	23095

(i) The seriousness of the noncompliance;

23096

(ii) The good faith efforts of the person to comply;

23097

(iii) The person's history of noncompliance;

23098

(iv) The financial resources of the person;

23099

(v) Any other matter that justice requires.

23100

Civil penalties collected pursuant to division (C)(1)(c) of	23101
this section shall be deposited to the credit of the video service	23102
enforcement fund in the state treasury, which is hereby created,	23103
to be used by the department of commerce in carrying out its	23104
duties under this section.	23105

(2) Pursuant to an adjudication under Chapter 119. of the	23106
Revised Code, the director may revoke, in whole or in part, the	23107
video service authorization of any person that has repeatedly and	23108
knowingly violated or failed to comply with division (A) of	23109
section 1332.23, division (A) of this section, division (C) of	23110
section 1332.25, division (C) or (D) of section 1332.26, division	23111
(A), (B), or (C) of section 1332.27, division (A) of section	23112
1332.28, division (A) or (B) of section 1332.29, or section	23113
1332.30 or 1332.31 of the Revised Code and that has failed to cure	23114
the violations or noncompliances after reasonable written notice	23115
and reasonable time to cure. Such person acts knowingly,	23116
regardless of the person's purpose, when the person is aware that	23117
the person's conduct will probably cause a certain result or will	23118
probably be of a certain nature. A person has knowledge of	23119
circumstances when the person is aware that such circumstances	23120
probably exist.	23121

(3) The court shall conduct a de novo review in any appeal	23122
from an adjudication under division (C)(1)(c) or (C)(2) of this	23123
section.	23124

(D) The public utilities commission has no authority over a	23125
video service provider in its offering of video service or a cable	23126
operator in its offering of cable or video service, or over any	23127
person in its offering of video service pursuant to a competitive	23128
video service agreement.	23129

Sec. 1501.022. There is hereby created in the state treasury	23130
the injection well review fund consisting of moneys transferred to	23131
it under section 6111.046 of the Revised Code. Moneys in the fund	23132
shall be used by the chiefs of the divisions of mineral resources	23133
management, oil and gas resources management, geological survey,	23134
and soil and water resources in the department of natural	23135
resources exclusively for the purpose of executing their duties	23136
under sections 6111.043 to 6111.047 of the Revised Code.	23137

Sec. 1501.40. The department of natural resources is the	23138
designated state agency responsible for the coordination and	23139
administration of sections 120 to 136 of the "National and	23140
Community Service Act of 1990," 104 Stat. 3127 (1990), 42 U.S.C.A.	23141
12401 to 12456, as amended. With the assistance of the Ohio	23142
~~community~~commission on service ~~council~~and volunteerism created	23143
in section 121.40 of the Revised Code, the director of natural	23144
resources shall coordinate with other state agencies to apply for	23145
funding under the act when appropriate and shall administer any	23146
federal funds the state receives under sections 120 to 136 of the	23147
act.	23148

Sec. 1503.05. (A) The chief of the division of forestry may	23149
sell timber and other forest products from the state forest and	23150
state forest nurseries whenever the chief considers such a sale	23151
desirable and, with the approval of the attorney general and the	23152
director of natural resources, may sell portions of the state	23153
forest lands when such a sale is advantageous to the state.	23154

(B) Except as otherwise provided in this section, a timber	23155
sale agreement shall not be executed unless the person or	23156
governmental entity bidding on the sale executes and files a	23157
surety bond conditioned on completion of the timber sale in	23158
accordance with the terms of the agreement in an amount equal to	23159
twenty-five per cent of the highest value cutting section. All	23160
bonds shall be given in a form prescribed by the chief and shall	23161
run to the state as obligee.	23162

The chief shall not approve any bond until it is personally	23163
signed and acknowledged by both principal and surety, or as to	23164
either by the attorney in fact thereof, with a certified copy of	23165
the power of attorney attached. The chief shall not approve the	23166
bond unless there is attached a certificate of the superintendent	23167
of insurance that the company is authorized to transact a fidelity	23168
and surety business in this state.	23169

In lieu of a bond, the bidder may deposit any of the	23170
following:	23171

(1) Cash in an amount equal to the amount of the bond;

23172

(2) United States government securities having a par value	23173
equal to or greater than the amount of the bond;	23174

(3) Negotiable certificates of deposit or irrevocable letters	23175
of credit issued by any bank organized or transacting business in	23176
this state having a par value equal to or greater than the amount	23177
of the bond.	23178

The cash or securities shall be deposited on the same terms	23179
as bonds. If one or more certificates of deposit are deposited in	23180
lieu of a bond, the chief shall require the bank that issued any	23181
of the certificates to pledge securities of the aggregate market	23182
value equal to the amount of the certificate or certificates that	23183
is in excess of the amount insured by the federal deposit	23184
insurance corporation. The securities to be pledged shall be those	23185
designated as eligible under section 135.18 of the Revised Code.	23186
The securities shall be security for the repayment of the	23187
certificate or certificates of deposit.	23188

Immediately upon a deposit of cash, securities, certificates	23189
of deposit, or letters of credit, the chief shall deliver them to	23190
the treasurer of state, who shall hold them in trust for the	23191
purposes for which they have been deposited. The treasurer of	23192
state is responsible for the safekeeping of the deposits. A bidder	23193
making a deposit of cash, securities, certificates of deposit, or	23194
letters of credit may withdraw and receive from the treasurer of	23195
state, on the written order of the chief, all or any portion of	23196
the cash, securities, certificates of deposit, or letters of	23197
credit upon depositing with the treasurer of state cash, other	23198
United States government securities, or other negotiable	23199
certificates of deposit or irrevocable letters of credit issued by	23200
any bank organized or transacting business in this state, equal in	23201
par value to the par value of the cash, securities, certificates	23202
of deposit, or letters of credit withdrawn.	23203

A bidder may demand and receive from the treasurer of state	23204
all interest or other income from any such securities or	23205
certificates as it becomes due. If securities so deposited with	23206
and in the possession of the treasurer of state mature or are	23207
called for payment by their issuer, the treasurer of state, at the	23208
request of the bidder who deposited them, shall convert the	23209
proceeds of the redemption or payment of the securities into other	23210
United States government securities, negotiable certificates of	23211
deposit, or cash as the bidder designates.	23212

When the chief finds that a person or governmental agency has	23213
failed to comply with the conditions of the person's or	23214
governmental agency's bond, the chief shall make a finding of that	23215
fact and declare the bond, cash, securities, certificates, or	23216
letters of credit forfeited. The chief thereupon shall certify the	23217
total forfeiture to the attorney general, who shall proceed to	23218
collect the amount of the bond, cash, securities, certificates, or	23219
letters of credit.	23220

In lieu of total forfeiture, the surety, at its option, may	23221
cause the timber sale to be completed or pay to the treasurer of	23222
state the cost thereof.	23223

All moneys collected as a result of forfeitures of bonds,	23224
cash, securities, certificates, and letters of credit under this	23225
section shall be credited to the state forest fund created in this	23226
section.	23227

(C) The chief may grant easements and leases on portions of	23228
the state forest lands and state forest nurseries under terms that	23229
are advantageous to the state, and the chief may grant mineral	23230
rights on a royalty basis on those lands and nurseries, with the	23231
approval of the attorney general and the director.	23232

(D) All moneys received from the sale of state forest lands,	23233
or in payment for easements or leases on or as rents from those	23234
lands or from state forest nurseries, shall be paid into the state	23235
treasury to the credit of the state forest fund, which is hereby	23236
created. In addition, all moneys received from federal grants,	23237
payments, and reimbursements, from the sale of reforestation tree	23238
stock, from the sale of forest products, other than standing	23239
timber, and from the sale of minerals taken from the state forest	23240
lands and state forest nurseries, together with royalties from	23241
mineral rights, shall be paid into the state treasury to the	23242
credit of the state forest fund. Any other revenues derived from	23243
the operation of the state forests and related facilities or	23244
equipment also shall be paid into the state treasury to the credit	23245
of the state forest fund, as shall contributions received for the	23246
issuance of Smokey Bear license plates under section 4503.574 of	23247
the Revised Code and any other moneys required by law to be	23248
deposited in the fund.	23249

The state forest fund shall not be expended for any purpose	23250
other than the administration, operation, maintenance,	23251
development, or utilization of the state forests, forest	23252
nurseries, and forest programs, for facilities or equipment	23253
incident to them, or for the further purchase of lands for state	23254
forest or forest nursery purposes and, in the case of	23255
contributions received pursuant to section 4503.574 of the Revised	23256
Code, for fire prevention purposes.	23257

All moneys received from the sale of standing timber taken	23258
from state forest lands and state forest nurseries shall be	23259
deposited into the state treasury to the credit of the forestry	23260
holding account redistribution fund, which is hereby created. The	23261
moneys shall remain in the fund until they are redistributed in	23262
accordance with this division.	23263

The redistribution shall occur at least once each year. To	23264
begin the redistribution, the chief first shall determine the	23265
amount of all standing timber sold from state forest lands and	23266
state forest nurseries, together with the amount of the total sale	23267
proceeds, in each county, in each township within the county, and	23268
in each school district within the county. The chief next shall	23269
determine the amount of the direct costs that the division of	23270
forestry incurred in association with the sale of that standing	23271
timber. The amount of the direct costs shall be subtracted from	23272
the amount of the total sale proceeds and shall be transferred	23273
from the forestry holding account redistribution fund to the state	23274
forest fund.	23275

The remaining amount of the total sale proceeds equals the	23276
net value of the standing timber that was sold. The chief shall	23277
determine the net value of standing timber sold from state forest	23278
lands and state forest nurseries in each county, in each township	23279
within the county, and in each school district within the county	23280
and shall send to each county treasurer a copy of the	23281
determination at the time that moneys are paid to the county	23282
treasurer under this division.	23283

Twenty-five per cent of the net value of standing timber sold	23284
from state forest lands and state forest nurseries located in a	23285
county shall be transferred from the forestry holding account	23286
redistribution fund to the state forest fund. Ten per cent of that	23287
net value shall be transferred from the forestry holding account	23288
redistribution fund to the general revenue fund. The remaining	23289
sixty-five per cent of the net value shall be transferred from the	23290
forestry holding account redistribution fund and paid to the	23291
county treasurer for the use of the general fund of that county.	23292

The county auditor shall do all of the following:

23293

(1) Retain for the use of the general fund of the county	23294
one-fourth of the amount received by the county under division (D)	23295
of this section;	23296

(2) Pay into the general fund of any township located within	23297
the county and containing such lands and nurseries one-fourth of	23298
the amount received by the county from standing timber sold from	23299
lands and nurseries located in the township;	23300

(3) Request the board of education of any school district	23301
located within the county and containing such lands and nurseries	23302
to identify which fund or funds of the district should receive the	23303
moneys available to the school district under division (D)(3) of	23304
this section. After receiving notice from the board, the county	23305
auditor shall pay into the fund or funds so identified one-half of	23306
the amount received by the county from standing timber sold from	23307
lands and nurseries located in the school district, distributed	23308
proportionately as identified by the board.	23309

The division of forestry shall not supply logs, lumber, or	23310
other forest products or minerals, taken from the state forest	23311
lands or state forest nurseries, to any other agency or	23312
subdivision of the state unless payment is made therefor in the	23313
amount of the actual prevailing value thereof. This section is	23314
applicable to the moneys so received.	23315

(E) The chief may enter into a personal service contract for	23316
consulting services to assist the chief with the sale of timber or	23317
other forest products and related inventory. Compensation for	23318
consulting services shall be paid from the proceeds of the sale of	23319
timber or other forest products and related inventory that are the	23320
subject of the personal service contract.	23321

Sec. 1505.01. The division of geological survey:

23322

(A) Shall collect, study, and interpret all available	23323
information pertaining to the geomorphology, stratigraphy,	23324
paleontology, mineralogy, and geologic structure of the state and	23325
shall publish reports on the same;	23326

(B) Shall collect, study, and interpret all available data	23327
pertaining to the origin, distribution, extent, use, and valuation	23328
of mineralogical and geological raw materials and natural	23329
resources such as: clays, coals, building stones, gypsum, salt,	23330
limestones ~~and~~, dolomite, aggregates, sand, gravel, shales ~~for~~	23331
~~cement and other uses, petroleum~~, oil, natural gas, brines, ~~saline~~	23332
~~deposits,~~ molding sands, and other natural substances of use and	23333
value, excluding only those pertaining to water usable as such for	23334
agricultural, industrial, commercial, and domestic purposes, but	23335
not excluding other rock fluids such as natural and artificial	23336
brines and oil-well fluids;	23337

(C) Shall make special studies and reports of resources of	23338
geological nature within the state ~~which~~that in its discretion	23339
are of current or potential economic, environmental, or	23340
educational significance or of significance to the health,	23341
welfare, and safety of the public;	23342

(D) May examine the technological processes by which mining,	23343
quarrying, or other extracting processes may be improved, or by	23344
which materials now uneconomical to exploit may be extracted and	23345
used commercially for the public welfare;	23346

(E) Shall make, store, catalog, and have available ~~for~~	23347
~~distribution~~in perpetuity data, maps, diagrams, records, rock	23348
cores, samples, profiles, and geologic sections portraying the	23349
geological characteristics and topography of the state, both of	23350
general nature and of specific localities;	23351

(F) May~~, or at the request of other agencies of the state~~	23352
~~government shall,~~ advise ~~and~~, consult, or collaborate with	23353
representatives of ~~those~~ agencies of the state, other state	23354
governments, or the United States government on problems or issues	23355
of a geological nature;	23356

(G) Shall advise, consult, or collaborate with	23357
representatives of agencies of the state, other state governments,	23358
or the United States government on problems or issues of a	23359
geological nature when requested by such an agency or government;	23360

(H) May create custom maps, custom data sets, or other custom	23361
products for government agencies, colleges and universities, and	23362
persons;	23363

(I) May provide information on the geological nature of the	23364
state to government agencies, colleges and universities, and	23365
persons.	23366

Sec. 1505.011. (A) Custom maps, custom data sets, and other	23367
custom products created and information provided pursuant to	23368
divisions (H) and (I) of section 1505.01 of the Revised Code for	23369
use by governmental agencies and colleges and universities are	23370
intellectual property records as defined in section 149.43 of the	23371
Revised Code and may be held confidential pursuant to a contract.	23372

(B) Custom maps, custom data sets, and other custom products	23373
created and information provided pursuant to divisions (H) and (I)	23374
of section 1505.01 of the Revised Code for use by persons are	23375
intellectual property records as defined in section 149.43 of the	23376
Revised Code and shall be held confidential pursuant to a	23377
contract.	23378

Sec. 1505.04. (A) Any person, firm, government agency, or	23379
corporation who, for hire, or by its own forces for economic use	23380
or exploration, drills, bores, or digs within the state a well for	23381
the production or extraction of any gas or liquid, excluding only	23382
water to be used as such, but including natural or artificial	23383
brines and oil-filled waters, or who drills ~~wells~~, bores, or digs	23384
within the state a well to explore geological formations, shall	23385
keep a careful and accurate log of ~~such~~the activity and report	23386
the same together with the results of any rock or fluid analyses	23387
or of any production ~~test results~~or pressure tests in such form	23388
as is designated by the division of geological survey to the chief	23389
of the division of geological survey.	23390

(B) The division may file such well logs and establish and	23391
observe such regulations regarding their availability and use as	23392
will meet the legitimate requirements of the owner or lessee of	23393
the well. Personnel of the division of may examine any such well	23394
during its construction to confirm the accuracy of the log and to	23395
collect samples of the cores, chips, fluids, gases, or sludge.	23396

(C) No person, firm, agency, or corporation shall fail to	23397
keep an accurate log or file a report as required in division (A)	23398
of this section.	23399

Sec. 1505.05. (A) Notwithstanding any other provision of the	23400
Revised Code to the contrary, the chief of the division of	23401
geological survey shall adopt rules under Chapter 119. of the	23402
Revised Code that establish a fee schedule for requests for	23403
manipulated, interpreted, or analyzed data from the geologic	23404
records, data, maps, rock cores, and samples archived by the	23405
division. The fee schedule may include the cost of specialized	23406
storage requirements, programming, labor, research, retrieval,	23407
data manipulation, and copying and mailing of records requested	23408
from the archives. In addition, the rules shall establish	23409
procedures for the levying and collection of the fees in the fee	23410
schedule.	23411

(B) For purposes of divisions (H) and (I) of section 1505.01	23412
of the Revised Code, the chief shall adopt rules under Chapter	23413
119. of the Revised Code that establish a fee schedule to be paid	23414
for creating custom maps, custom data sets, and other custom	23415
products and for providing geological information of the state.	23416
The fee schedule may include the costs of labor, research,	23417
analysis, equipment, and technology. In addition, the rules shall	23418
establish procedures for the levying and collection of the fees in	23419
the fee schedule.	23420

(C) The chief may reduce or waive a fee in a fee schedule	23421
established in rules adopted under division (A) or (B) of this	23422
section for a student that is enrolled in an institution of higher	23423
education.	23424

(D) Any revision to a fee schedule established in rules	23425
adopted under division (A) or (B) of this section shall be	23426
established in rules adopted under Chapter 119. of the Revised	23427
Code. A revision to a fee schedule is subject to review by the	23428
Ohio geology advisory council created in section 1505.11 of the	23429
Revised Code and to approval by the director of natural resources.	23430

(E) All fees collected under this section shall be credited	23431
to the geological mapping fund created in section 1505.09 of the	23432
Revised Code.	23433

Sec. 1505.06. The chief of the division of geological survey	23434
in the discharge of ~~his~~official duties under ~~section~~sections	23435
1505.01 to 1505.08~~, inclusive,~~ of the Revised Code, may call to	23436
~~his~~the chief's assistance, temporarily, any engineers or other	23437
employees in any state department, or in the Ohio state	23438
university, or other educational institutions financed wholly or	23439
in part by the state, for the purpose of making studies, surveys,	23440
maps, and plans for ~~erosion~~economic development or geologic	23441
hazards projects.	23442

Such engineers and employees shall not receive any additional	23443
compensation over that which they receive from the departments by	23444
which they are employed, but they shall be reimbursed for their	23445
actual necessary expenses incurred while working under the	23446
direction of the chief on ~~erosion~~the projects.	23447

Sec. 1505.09. There is hereby created in the state treasury	23448
the geological mapping fund, to be administered by the chief of	23449
the division of geological survey. The fund shall be used	23450
~~exclusively~~ for the purposes of performing the necessary field,	23451
laboratory, and administrative tasks to map and make public	23452
reports on the geology, geologic hazards, and energy and mineral	23453
resources ~~of each county~~ of the state. The source of moneys for	23454
the fund shall include, but not be limited to, the mineral	23455
severance tax as specified in section 5749.02 of the Revised Code	23456
and the fees collected under rules adopted under section 1505.05	23457
of the Revised Code. The chief may seek federal or other moneys in	23458
addition to the mineral severance tax and fees to carry out the	23459
purposes of this section. If the chief receives federal moneys for	23460
the purposes of this section, hethe chief shall deposit those	23461
moneys into the state treasury to the credit of a fund ~~which shall~~	23462
be created ~~at that time~~ by the controlling board to carry out	23463
those purposes. Other moneys received by the chief for the	23464
purposes of this section in addition to the mineral severance tax,	23465
fees, and federal moneys shall be credited to the geological	23466
mapping fund.	23467

Sec. 1505.11. There is hereby created in the department of	23468
natural resources the Ohio geology advisory council consisting of	23469
seven members to be appointed by the governor with the advice and	23470
consent of the senate. No more than four of the members shall be	23471
of the same political party. Members shall be persons who have a	23472
demonstrated interest in ~~Ohio~~the geology and mineral resources of	23473
this state and whose expertise reflects the various	23474
responsibilities of the division of geological survey. The council	23475
shall include at least one representative from each of the	23476
following: the oil and gas industry, the industrial minerals	23477
industry, the coal industry, hydrogeology interests, environmental	23478
geology interests, and an institution of higher education in this	23479
state. The chief of the division of geological survey may	23480
participate in the deliberations of the council, but shall not	23481
vote.	23482

Within ninety days after ~~the effective date of this section~~	23483
May 3, 1990, the governor shall make initial appointments to the	23484
council. Of the initial appointments, three shall be for a term	23485
ending one year after ~~the effective date of this section~~May 3,	23486
1990, three shall be for a term ending two years after ~~the~~	23487
~~effective date of this section~~May 3, 1990, and one shall be for a	23488
term ending three years after ~~the effective date of this section~~	23489
May 3, 1990. Thereafter, terms of office shall be for three years,	23490
with each term ending on the same day of the same month as did the	23491
term that it succeeds. Members may be reappointed. The governor	23492
may remove any member at any time for inefficiency, neglect of	23493
duty, or malfeasance in office. Vacancies shall be filled in the	23494
manner provided for original appointments. Any member appointed to	23495
fill a vacancy prior to the expiration date of the term for which	23496
~~his~~the member's predecessor was appointed shall hold office as a	23497
member for the remainder of that term. A member shall continue in	23498
office subsequent to the expiration date of ~~his~~the member's term	23499
until ~~his~~the member's successor takes office or until a period of	23500
sixty days has elapsed, whichever occurs first.	23501

Serving as an appointed member on the council does not	23502
constitute holding a public office or position of employment under	23503
the laws of this state and does not constitute grounds for removal	23504
of public officers or employees from their offices or positions of	23505
employment.	23506

Members shall serve without compensation, but shall be	23507
reimbursed for their actual and necessary expenses incurred in the	23508
performance of their official duties from moneys appropriated to	23509
the division.	23510

The council annually shall select from its members a ~~chairman~~	23511
chairperson and a ~~vice-chairman~~vice-chairperson. The council	23512
shall hold at least one meeting each calendar quarter and shall	23513
keep a record of its proceedings, which shall be open to public	23514
inspection. Special meetings may be called by the ~~chairman~~	23515
chairperson and shall be called upon the written request of two or	23516
more members. A majority of the members constitutes a quorum. The	23517
division shall furnish clerical, technical, legal, and other	23518
services required by the council in the performance of its duties.	23519

The council shall do all of the following:

23520

(A) Advise the chief ~~of the division of geological survey~~ in	23521
carrying out the duties of the division under this chapter;	23522

(B) Recommend policy and legislation with respect to geology,	23523
resource analysis, and management that will promote the economic	23524
and industrial development of the state while minimizing threats	23525
to the natural environment of the state;	23526

(C) Review and make recommendations on the development of	23527
plans and programs for long-term, comprehensive geologic mapping	23528
and analysis throughout the state;	23529

(D) Recommend ways to enhance cooperation among governmental	23530
agencies having an interest in ~~Ohio~~the geology of the state to	23531
encourage wise use and management of the geology and mineral	23532
resources of the state. To this end, the council shall request	23533
nonvoting representation from appropriate governmental agencies.	23534

(E) Review and make recommendations with respect to changes	23535
in the fee schedules established in rules adopted under section	23536
1505.05 of the Revised Code.	23537

Sec. 1505.99. (A) Whoever violates section 1505.07 of the	23538
Revised Code shall be fined not less than one thousand nor more	23539
than two thousand dollars on a first offense; on each subsequent	23540
offense, the person shall be fined not less than two thousand nor	23541
more than five thousand dollars.	23542

(B) Whoever violates section 1505.04 or 1505.10 of the	23543
Revised Code shall be fined not less than one hundred nor more	23544
than one thousand dollars on a first offense; on each subsequent	23545
offense, the person shall be fined not less than one thousand nor	23546
more than two thousand dollars. Notwithstanding any section of the	23547
Revised Code relating to the distribution or crediting of fines	23548
for violations of the Revised Code, all fines imposed under this	23549
division shall be paid into the geological mapping fund created in	23550
section 1505.09 of the Revised Code.	23551

Sec. 1509.01. As used in this chapter:

23552

(A) "Well" means any borehole, whether drilled or bored,	23553
within the state for production, extraction, or injection of any	23554
gas or liquid mineral, excluding potable water to be used as such,	23555
but including natural or artificial brines and oil field waters.	23556

(B) "Oil" means crude petroleum oil and all other	23557
hydrocarbons, regardless of gravity, that are produced in liquid	23558
form by ordinary production methods, but does not include	23559
hydrocarbons that were originally in a gaseous phase in the	23560
reservoir.	23561

(C) "Gas" means all natural gas and all other fluid	23562
hydrocarbons that are not oil, including condensate.	23563

(D) "Condensate" means liquid hydrocarbons that were	23564
originally in the gaseous phase in the reservoir.	23565

(E) "Pool" means an underground reservoir containing a common	23566
accumulation of oil or gas, or both, but does not include a gas	23567
storage reservoir. Each zone of a geological structure that is	23568
completely separated from any other zone in the same structure may	23569
contain a separate pool.	23570

(F) "Field" means the general area underlaid by one or more	23571
pools.	23572

(G) "Drilling unit" means the minimum acreage on which one	23573
well may be drilled, but does not apply to a well for injecting	23574
gas into or removing gas from a gas storage reservoir.	23575

(H) "Waste" includes all of the following:

23576

(1) Physical waste, as that term generally is understood in	23577
the oil and gas industry;	23578

(2) Inefficient, excessive, or improper use, or the	23579
unnecessary dissipation, of reservoir energy;	23580

(3) Inefficient storing of oil or gas;

23581

(4) Locating, drilling, equipping, operating, or producing an	23582
oil or gas well in a manner that reduces or tends to reduce the	23583
quantity of oil or gas ultimately recoverable under prudent and	23584
proper operations from the pool into which it is drilled or that	23585
causes or tends to cause unnecessary or excessive surface loss or	23586
destruction of oil or gas;	23587

(5) Other underground or surface waste in the production or	23588
storage of oil, gas, or condensate, however caused.	23589

(I) "Correlative rights" means the reasonable opportunity to	23590
every person entitled thereto to recover and receive the oil and	23591
gas in and under the person's tract or tracts, or the equivalent	23592
thereof, without having to drill unnecessary wells or incur other	23593
unnecessary expense.	23594

(J) "Tract" means a single, individually taxed parcel of land	23595
appearing on the tax list.	23596

(K) "Owner," unless referring to a mine, means the person who	23597
has the right to drill on a tract or drilling unit, to drill into	23598
and produce from a pool, and to appropriate the oil or gas	23599
produced therefrom either for the person or for others, except	23600
that a person ceases to be an owner with respect to a well when	23601
the well has been plugged in accordance with applicable rules	23602
adopted and orders issued under this chapter. "Owner" does not	23603
include a person who obtains a lease of the mineral rights for oil	23604
and gas on a parcel of land if the person does not attempt to	23605
produce or produce oil or gas from a well or obtain a permit under	23606
this chapter for a well or if the entire interest of a well is	23607
transferred to the person in accordance with division (B) of	23608
section 1509.31 of the Revised Code.	23609

(L) "Royalty interest" means the fee holder's share in the	23610
production from a well.	23611

(M) "Discovery well" means the first well capable of	23612
producing oil or gas in commercial quantities from a pool.	23613

(N) "Prepared clay" means a clay that is plastic and is	23614
thoroughly saturated with fresh water to a weight and consistency	23615
great enough to settle through saltwater in the well in which it	23616
is to be used, except as otherwise approved by the chief of the	23617
division of ~~mineral~~oil and gas resources management.	23618

(O) "Rock sediment" means the combined cutting and residue	23619
from drilling sedimentary rocks and formation.	23620

(P) "Excavations and workings," "mine," and "pillar" have the	23621
same meanings as in section 1561.01 of the Revised Code.	23622

(Q) "Coal bearing township" means a township designated as	23623
such by the chief of the division of mineral resources management	23624
under section 1561.06 of the Revised Code.	23625

(R) "Gas storage reservoir" means a continuous area of a	23626
subterranean porous sand or rock stratum or strata into which gas	23627
is or may be injected for the purpose of storing it therein and	23628
removing it therefrom and includes a gas storage reservoir as	23629
defined in section 1571.01 of the Revised Code.	23630

(S) "Safe Drinking Water Act" means the "Safe Drinking Water	23631
Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), as amended by the	23632
"Safe Drinking Water Amendments of 1977," 91 Stat. 1393, 42	23633
U.S.C.A. 300(f), the "Safe Drinking Water Act Amendments of 1986,"	23634
100 Stat. 642, 42 U.S.C.A. 300(f), and the "Safe Drinking Water	23635
Act Amendments of 1996," 110 Stat. 1613, 42 U.S.C.A. 300(f), and	23636
regulations adopted under those acts.	23637

(T) "Person" includes any political subdivision, department,	23638
agency, or instrumentality of this state; the United States and	23639
any department, agency, or instrumentality thereof; and any legal	23640
entity defined as a person under section 1.59 of the Revised Code.	23641

(U) "Brine" means all saline geological formation water	23642
resulting from, obtained from, or produced in connection with	23643
exploration, drilling, well stimulation, production of oil or gas,	23644
or plugging of a well.	23645

(V) "Waters of the state" means all streams, lakes, ponds,	23646
marshes, watercourses, waterways, springs, irrigation systems,	23647
drainage systems, and other bodies of water, surface or	23648
underground, natural or artificial, that are situated wholly or	23649
partially within this state or within its jurisdiction, except	23650
those private waters that do not combine or effect a junction with	23651
natural surface or underground waters.	23652

(W) "Exempt Mississippian well" means a well that meets all	23653
of the following criteria:	23654

(1) Was drilled and completed before January 1, 1980;

23655

(2) Is located in an unglaciated part of the state;

23656

(3) Was completed in a reservoir no deeper than the	23657
Mississippian Big Injun sandstone in areas underlain by	23658
Pennsylvanian or Permian stratigraphy, or the Mississippian Berea	23659
sandstone in areas directly underlain by Permian stratigraphy;	23660

(4) Is used primarily to provide oil or gas for domestic use.

23661

(X) "Exempt domestic well" means a well that meets all of the	23662
following criteria:	23663

(1) Is owned by the owner of the surface estate of the tract	23664
on which the well is located;	23665

(2) Is used primarily to provide gas for the owner's domestic	23666
use;	23667

(3) Is located more than two hundred feet horizontal distance	23668
from any inhabited private dwelling house other than an inhabited	23669
private dwelling house located on the tract on which the well is	23670
located;	23671

(4) Is located more than two hundred feet horizontal distance	23672
from any public building that may be used as a place of resort,	23673
assembly, education, entertainment, lodging, trade, manufacture,	23674
repair, storage, traffic, or occupancy by the public.	23675

(Y) "Urbanized area" means an area where a well or production	23676
facilities of a well are located within a municipal corporation or	23677
within a township that has an unincorporated population of more	23678
than five thousand in the most recent federal decennial census	23679
prior to the issuance of the permit for the well or production	23680
facilities.	23681

(Z) "Well stimulation" or "stimulation of a well" means the	23682
process of enhancing well productivity, including hydraulic	23683
fracturing operations.	23684

(AA) "Production operation" means all operations and	23685
activities and all related equipment, facilities, and other	23686
structures that may be used in or associated with the exploration	23687
and production of oil, gas, or other mineral resources that are	23688
regulated under this chapter, including operations and activities	23689
associated with site preparation, site construction, access ~~roads~~	23690
road construction, well drilling, well completion, well	23691
stimulation, well ~~operation~~site activities, ~~site~~ reclamation,	23692
and ~~well~~ plugging. "Production operation" also includes all of the	23693
following:	23694

(1) The piping ~~and~~, equipment, and facilities used for the	23695
production and preparation of hydrocarbon gas or liquids for	23696
transportation or delivery;	23697

(2) The processes of extraction and recovery, lifting,	23698
stabilization, treatment, separation, production processing,	23699
storage, waste disposal, and measurement of hydrocarbon gas and	23700
liquids, including related equipment and facilities;	23701

(3) The processes and related equipment and facilities	23702
associated with production compression, gas lift, gas injection,	23703
~~and~~ fuel gas supply, well drilling, well stimulation, and well	23704
completion activities, including dikes, pits, and earthen and	23705
other impoundments used for the temporary storage of fluids and	23706
waste substances associated with well drilling, well stimulation,	23707
and well completion activities.	23708

(BB) "Annular overpressurization" means the accumulation of	23709
fluids within an annulus with sufficient pressure to allow	23710
migration of annular fluids into underground sources of drinking	23711
water.	23712

(CC) "Idle and orphaned well" means a well for which a bond	23713
has been forfeited or an abandoned well for which no money is	23714
available to plug the well in accordance with this chapter and	23715
rules adopted under it.	23716

(DD) "Temporarily inactive well" means a well that has been	23717
granted temporary inactive status under section 1509.062 of the	23718
Revised Code.	23719

(EE) "Material and substantial violation" means any of the	23720
following:	23721

(1) Failure to obtain a permit to drill, reopen, convert,	23722
plugback, or plug a well under this chapter;	23723

(2) Failure to obtain or maintain insurance coverage that is	23724
required under this chapter;	23725

(3) Failure to obtain or maintain a surety bond that is	23726
required under this chapter;	23727

(4) Failure to plug an abandoned well or idle and orphaned	23728
well unless the well has been granted temporary inactive status	23729
under section 1509.062 of the Revised Code or the chief of the	23730
division of oil and gas resources management has approved another	23731
option concerning the abandoned well or idle and orphaned well;	23732

(5) Failure to restore a disturbed land surface as required	23733
by section 1509.072 of the Revised Code;	23734

(6) Failure to reimburse the oil and gas well fund pursuant	23735
to a final order issued under section 1509.071 of the Revised	23736
Code;	23737

(7) Failure to comply with a final nonappealable order of the	23738
chief issued under section 1509.04 of the Revised Code.	23739

(FF) "Severer" has the same meaning as in section 5749.01 of	23740
the Revised Code.	23741

Sec. 1509.02. There is hereby created in the department of	23742
natural resources the division of ~~mineral~~oil and gas resources	23743
management, which shall be administered by the chief of the	23744
division of ~~mineral~~oil and gas resources management. The	23745
division has sole and exclusive authority to regulate the	23746
permitting, location, and spacing of oil and gas wells and	23747
production operations within the state. The regulation of oil and	23748
gas activities is a matter of general statewide interest that	23749
requires uniform statewide regulation, and this chapter and rules	23750
adopted under it constitute a comprehensive plan with respect to	23751
all aspects of the locating, drilling, well stimulation,	23752
completing, and operating of oil and gas wells within this state,	23753
including site construction and restoration, the permitting of	23754
discharges related to those activities, and the disposal of wastes	23755
from those wells. Nothing in this section affects the authority	23756
granted to the director of transportation and local authorities in	23757
section 723.01 or 4513.34 of the Revised Code, provided that the	23758
authority granted under those sections shall not be exercised in a	23759
manner that discriminates against, unfairly impedes, or obstructs	23760
oil and gas activities and operations regulated under this	23761
chapter.	23762

The chief shall not hold any other public office, nor shall	23763
the chief be engaged in any occupation or business that might	23764
interfere with or be inconsistent with the duties as chief.	23765

All moneys collected by the chief pursuant to sections	23766
1509.06, 1509.061, 1509.062, 1509.071, 1509.13, 1509.22, 1509.221,	23767
1509.222, 1509.34, and 1509.50 of the Revised Code, ninety per	23768
cent of moneys received by the treasurer of state from the tax	23769
levied in divisions (A)(5) and (6) of section 5749.02 of the	23770
Revised Code, all civil penalties paid under section 1509.33 of	23771
the Revised Code, and, notwithstanding any section of the Revised	23772
Code relating to the distribution or crediting of fines for	23773
violations of the Revised Code, all fines imposed under divisions	23774
(A) and (B) of section 1509.99 of the Revised Code and fines	23775
imposed under divisions (C) and (D) of section 1509.99 of the	23776
Revised Code for all violations prosecuted by the attorney general	23777
and for violations prosecuted by prosecuting attorneys that do not	23778
involve the transportation of brine by vehicle shall be deposited	23779
into the state treasury to the credit of the oil and gas well	23780
fund, which is hereby created. Fines imposed under divisions (C)	23781
and (D) of section 1509.99 of the Revised Code for violations	23782
prosecuted by prosecuting attorneys that involve the	23783
transportation of brine by vehicle and penalties associated with a	23784
compliance agreement entered into pursuant to this chapter shall	23785
be paid to the county treasury of the county where the violation	23786
occurred.	23787

The fund shall be used solely and exclusively for the	23788
purposes enumerated in division (B) of section 1509.071 of the	23789
Revised Code, for the expenses of the division associated with the	23790
administration of this chapter and Chapter 1571. of the Revised	23791
Code and rules adopted under them, and for expenses that are	23792
critical and necessary for the protection of human health and	23793
safety and the environment related to oil and gas production in	23794
this state. The expenses of the division in excess of the moneys	23795
available in the fund shall be paid from general revenue fund	23796
appropriations to the department.	23797

Sec. 1509.021. On and after ~~the effective date of this~~	23798
~~section~~June 30, 2010, all of the following apply:	23799

(A) The surface location of a new well or a tank battery of a	23800
well shall not be within one hundred fifty feet of an occupied	23801
dwelling that is located in an urbanized area unless the owner of	23802
the land on which the occupied dwelling is located consents in	23803
writing to the surface location of the well or tank battery of a	23804
well less than one hundred fifty feet from the occupied dwelling	23805
and the chief of the division of ~~mineral~~oil and gas resources	23806
management approves the written consent of that owner. However,	23807
the chief shall not approve the written consent of such an owner	23808
when the surface location of a new well or a tank battery of a	23809
well will be within one hundred feet of an occupied dwelling that	23810
is located in an urbanized area.	23811

(B) The surface location of a new well shall not be within	23812
one hundred fifty feet from the property line of a parcel of land	23813
that is not in the drilling unit of the well if the parcel of land	23814
is located in an urbanized area and directional drilling will be	23815
used to drill the new well unless the owner of the parcel of land	23816
consents in writing to the surface location of the well less than	23817
one hundred fifty feet from the property line of the parcel of	23818
land and the chief approves the written consent of that owner.	23819
However, the chief shall not approve the written consent of such	23820
an owner when the surface location of a new well will be less than	23821
one hundred feet from the property line of the owner's parcel of	23822
land that is not in the drilling unit of the well if the parcel of	23823
land is located in an urbanized area and directional drilling will	23824
be used.	23825

(C) The surface location of a new well shall not be within	23826
two hundred feet of an occupied dwelling that is located in an	23827
urbanized area and that is located on land that has become part of	23828
the drilling unit of the well pursuant to a mandatory pooling	23829
order issued under section 1509.27 of the Revised Code unless the	23830
owner of the land on which the occupied dwelling is located	23831
consents in writing to the surface location of the well at a	23832
distance that is less than two hundred feet from the occupied	23833
dwelling. However, if the owner of the land on which the occupied	23834
dwelling is located provides such written consent, the surface	23835
location of the well shall not be within one hundred feet of the	23836
occupied dwelling.	23837

If an applicant cannot identify an owner of land or if an	23838
owner of land is not responsive to attempts by the applicant to	23839
contact the owner, the applicant may submit an affidavit to the	23840
chief attesting to such an unidentifiable owner or to such	23841
unresponsiveness of an owner and attempts by the applicant to	23842
contact the owner and include a written request to reduce the	23843
distance of the location of the well from the occupied dwelling to	23844
less than two hundred feet. If the chief receives such an	23845
affidavit and written request, the chief shall reduce the distance	23846
of the location of the well from the occupied dwelling to a	23847
distance of not less than one hundred feet.	23848

(D) Except as otherwise provided in division (L) of this	23849
section, the surface location of a new well shall not be within	23850
one hundred fifty feet of the property line of a parcel of land	23851
that is located in an urbanized area and that has become part of	23852
the drilling unit of the well pursuant to a mandatory pooling	23853
order issued under section 1509.27 of the Revised Code unless the	23854
owner of the land consents in writing to the surface location of	23855
the well at a distance that is less than one hundred fifty feet	23856
from the owner's property line. However, if the owner of the land	23857
provides such written consent, the surface location of the well	23858
shall not be within seventy-five feet of the property line of the	23859
owner's parcel of land.	23860

If an applicant cannot identify an owner of land or if an	23861
owner of land is not responsive to attempts by the applicant to	23862
contact the owner, the applicant may submit an affidavit to the	23863
chief attesting to such an unidentifiable owner or to such	23864
unresponsiveness of an owner and attempts by the applicant to	23865
contact the owner and include a written request to reduce the	23866
distance of the location of the well from the property line of the	23867
owner's parcel of land to less than one hundred fifty feet. If the	23868
chief receives such an affidavit and written request, the chief	23869
shall reduce the distance of the location of the well from the	23870
property line to a distance of not less than seventy-five feet.	23871

(E) The surface location of a new tank battery of a well	23872
shall not be within one hundred fifty feet of an occupied dwelling	23873
that is located in an urbanized area and that is located on land	23874
that has become part of the drilling unit of the well pursuant to	23875
a mandatory pooling order issued under section 1509.27 of the	23876
Revised Code unless the owner of the land on which the occupied	23877
dwelling is located consents in writing to the location of the	23878
tank battery at a distance that is less than one hundred fifty	23879
feet from the occupied dwelling. However, if the owner of the land	23880
on which the occupied dwelling is located provides such written	23881
consent, the location of the tank battery shall not be within one	23882
hundred feet of the occupied dwelling.	23883

If an applicant cannot identify an owner of land or if an	23884
owner of land is not responsive to attempts by the applicant to	23885
contact the owner, the applicant may submit an affidavit to the	23886
chief attesting to such an unidentifiable owner or to such	23887
unresponsiveness of an owner and attempts by the applicant to	23888
contact the owner and include a written request to reduce the	23889
distance of the location of the tank battery from the occupied	23890
dwelling to less than one hundred fifty feet. If the chief	23891
receives such an affidavit and written request, the chief shall	23892
reduce the distance of the location of the tank battery from the	23893
occupied dwelling to a distance of not less than one hundred feet.	23894

(F) Except as otherwise provided in division (L) of this	23895
section, the location of a new tank battery of a well shall not be	23896
within seventy-five feet of the property line of a parcel of land	23897
that is located in an urbanized area and that has become part of	23898
the drilling unit of the well pursuant to a mandatory pooling	23899
order issued under section 1509.27 of the Revised Code unless the	23900
owner of the land consents in writing to the location of the tank	23901
battery at a distance that is less than seventy-five feet from the	23902
owner's property line. However, if the owner of the land provides	23903
such written consent, the location of the tank battery shall not	23904
be within the property line of the owner's parcel of land.	23905

If an applicant cannot identify an owner of land or if an	23906
owner of land is not responsive to attempts by the applicant to	23907
contact the owner, the applicant may submit an affidavit to the	23908
chief attesting to such an unidentifiable owner or to such	23909
unresponsiveness of an owner and attempts by the applicant to	23910
contact the owner and include a written request to reduce the	23911
distance of the location of the tank battery from the property	23912
line of the owner's parcel of land to less than seventy-five feet.	23913
If the chief receives such an affidavit and written request, the	23914
chief shall reduce the distance of the location of the tank	23915
battery from the property line, provided that the tank battery	23916
shall not be within the property line of the owner's parcel of	23917
land.	23918

(G) For purposes of divisions (C) to (F) of this section,	23919
written consent of an owner of land may be provided by any of the	23920
following:	23921

(1) A copy of an original lease agreement as recorded in the	23922
office of the county recorder of the county in which the occupied	23923
dwelling or property is located that expressly provides for the	23924
reduction of the distance of the location of a well or a tank	23925
battery, as applicable, from an occupied dwelling or a property	23926
line;	23927

(2) A copy of a deed severing the oil or gas mineral rights,	23928
as applicable, from the owner's parcel of land as recorded in the	23929
office of the county recorder of the county in which the property	23930
is located that expressly provides for the reduction of the	23931
distance of the location of a well or a tank battery, as	23932
applicable, from an occupied dwelling or a property line;	23933

(3) A written statement that consents to the proposed	23934
location of a well or a tank battery, as applicable, and that is	23935
approved by the chief. For purposes of division (G)(3) of this	23936
section, an applicant shall submit a copy of a written statement	23937
to the chief.	23938

(H) For areas that are not urbanized areas, the surface	23939
location of a new well shall not be within one hundred feet of an	23940
occupied private dwelling or of a public building that may be used	23941
as a place of assembly, education, entertainment, lodging, trade,	23942
manufacture, repair, storage, or occupancy by the public. This	23943
division does not apply to a building or other structure that is	23944
incidental to agricultural use of the land on which the building	23945
or other structure is located unless the building or other	23946
structure is used as an occupied private dwelling or for retail	23947
trade.	23948

(I) The surface location of a new well shall not be within	23949
one hundred feet of any other well. However, an applicant may	23950
submit a written statement to request the chief to authorize a new	23951
well to be located at a distance that is less than one hundred	23952
feet from another well. If the chief receives such a written	23953
statement, the chief may authorize a new well to be located within	23954
one hundred feet of another well if the chief determines that the	23955
applicant satisfactorily has demonstrated that the location of the	23956
new well at a distance that is less than one hundred feet from	23957
another well is necessary to reduce impacts to the owner of the	23958
land on which the well is to be located or to the surface of the	23959
land on which the well is to be located.	23960

(J) For areas that are not urbanized areas, the location of a	23961
new tank battery of a well shall not be within one hundred feet of	23962
an existing inhabited structure.	23963

(K) The location of a new tank battery of a well shall not be	23964
within fifty feet of any other well.	23965

(L) The location of a new well or a new tank battery of a	23966
well shall not be within fifty feet of a stream, river,	23967
watercourse, water well, pond, lake, or other body of water.	23968
However, the chief may authorize a new well or a new tank battery	23969
of a well to be located at a distance that is less than fifty feet	23970
from a stream, river, watercourse, water well, pond, lake, or	23971
other body of water if the chief determines that the reduction in	23972
the distance is necessary to reduce impacts to the owner of the	23973
land on which the well or tank battery of a well is to be located	23974
or to protect public safety or the environment.	23975

(M) The surface location of a new well or a new tank battery	23976
of a well shall not be within fifty feet of a railroad track or of	23977
the traveled portion of a public street, road, or highway. This	23978
division applies regardless of whether the public street, road, or	23979
highway has become part of the drilling unit of the well pursuant	23980
to a mandatory pooling order issued under section 1509.27 of the	23981
Revised Code.	23982

~~(M)~~(N) A new oil tank shall not be within three feet of	23983
another oil tank.	23984

~~(N)~~(O) The surface location of a mechanical separator shall	23985
not be within any of the following:	23986

(1) Fifty feet of a well;

23987

(2) Ten feet of an oil tank;

23988

(3) One hundred feet of an existing inhabited structure.

23989

~~(O)~~(P) A vessel that is equipped in such a manner that the	23990
contents of the vessel may be heated shall not be within any of	23991
the following:	23992

(1) Fifty feet of an oil production tank;

23993

(2) Fifty feet of a well;

23994

(3) One hundred feet of an existing inhabited structure;

23995

(4) If the contents of the vessel are heated by a direct fire	23996
heater, fifty feet of a mechanical separator.	23997

Sec. 1509.022. Except as provided in section 1509.021 of the	23998
Revised Code, the surface location of a new well that will be	23999
drilled using directional drilling may be located on a parcel of	24000
land that is not in the drilling unit of the well.	24001

Sec. 1509.03. (A) The chief of the division of ~~mineral~~oil	24002
and gas resources management shall adopt, rescind, and amend, in	24003
accordance with Chapter 119. of the Revised Code, rules for the	24004
administration, implementation, and enforcement of this chapter.	24005
The rules shall include an identification of the subjects that the	24006
chief shall address when attaching terms and conditions to a	24007
permit with respect to a well and production facilities of a well	24008
that are located within an urbanized area. The subjects shall	24009
include all of the following:	24010

(1) Safety concerning the drilling or operation of a well;

24011

(2) Protection of the public and private water supply;

24012

(3) Fencing and screening of surface facilities of a well;

24013

(4) Containment and disposal of drilling and production	24014
wastes;	24015

(5) Construction of access roads for purposes of the drilling	24016
and operation of a well;	24017

(6) Noise mitigation for purposes of the drilling of a well	24018
and the operation of a well, excluding safety and maintenance	24019
operations.	24020

No person shall violate any rule of the chief adopted under	24021
this chapter.	24022

(B) Any order issuing, denying, or modifying a permit or	24023
notices required to be made by the chief pursuant to this chapter	24024
shall be made in compliance with Chapter 119. of the Revised Code,	24025
except that personal service may be used in lieu of service by	24026
mail. Every order issuing, denying, or modifying a permit under	24027
this chapter and described as such shall be considered an	24028
adjudication order for purposes of Chapter 119. of the Revised	24029
Code.	24030

Where notice to the owners is required by this chapter, the	24031
notice shall be given as prescribed by a rule adopted by the chief	24032
to govern the giving of notices. The rule shall provide for notice	24033
by publication except in those cases where other types of notice	24034
are necessary in order to meet the requirements of the law.	24035

(C) The chief or the chief's authorized representative may at	24036
any time enter upon lands, public or private, for the purpose of	24037
administration or enforcement of this chapter, the rules adopted	24038
or orders made thereunder, or terms or conditions of permits or	24039
registration certificates issued thereunder and may examine and	24040
copy records pertaining to the drilling, conversion, or operation	24041
of a well for injection of fluids and logs required by division	24042
(C) of section 1509.223 of the Revised Code. No person shall	24043
prevent or hinder the chief or the chief's authorized	24044
representative in the performance of official duties. If entry is	24045
prevented or hindered, the chief or the chief's authorized	24046
representative may apply for, and the court of common pleas may	24047
issue, an appropriate inspection warrant necessary to achieve the	24048
purposes of this chapter within the court's territorial	24049
jurisdiction.	24050

(D) The chief may issue orders to enforce this chapter, rules	24051
adopted thereunder, and terms or conditions of permits issued	24052
thereunder. Any such order shall be considered an adjudication	24053
order for the purposes of Chapter 119. of the Revised Code. No	24054
person shall violate any order of the chief issued under this	24055
chapter. No person shall violate a term or condition of a permit	24056
or registration certificate issued under this chapter.	24057

(E) Orders of the chief denying, suspending, or revoking a	24058
registration certificate; approving or denying approval of an	24059
application for revision of a registered transporter's plan for	24060
disposal; or to implement, administer, or enforce division (A) of	24061
section 1509.224 and sections 1509.22, 1509.222, 1509.223,	24062
1509.225, and 1509.226 of the Revised Code pertaining to the	24063
transportation of brine by vehicle and the disposal of brine so	24064
transported are not adjudication orders for purposes of Chapter	24065
119. of the Revised Code. The chief shall issue such orders under	24066
division (A) or (B) of section 1509.224 of the Revised Code, as	24067
appropriate.	24068

Sec. 1509.04. (A) The chief of the division of ~~mineral~~oil	24069
and gas resources management, or the chief's authorized	24070
representatives, shall enforce this chapter and the rules, terms	24071
and conditions of permits and registration certificates, and	24072
orders adopted or issued pursuant thereto, except that any peace	24073
officer, as defined in section 2935.01 of the Revised Code, may	24074
arrest for violations of this chapter involving transportation of	24075
brine by vehicle. The enforcement authority of the chief includes	24076
the authority to issue compliance notices and to enter into	24077
compliance agreements.	24078

(B)(1) The chief or the chief's authorized representative may	24079
issue an administrative order to an owner for a violation of this	24080
chapter or rules adopted under it, terms and conditions of a	24081
permit issued under it, a registration certificate that is	24082
required under this chapter, or orders issued under this chapter.	24083

(2) The chief may issue an order finding that an owner has	24084
committed a material and substantial violation.	24085

(C) The chief, by order, immediately may suspend drilling,	24086
operating, or plugging activities that are related to a material	24087
and substantial violation and suspend and revoke an unused permit	24088
after finding either of the following:	24089

(1) An owner has failed to comply with an order issued under	24090
division (B)(2) of this section that is final and nonappealable.	24091

(2) An owner is causing, engaging in, or maintaining a	24092
condition or activity that the chief determines presents an	24093
imminent danger to the health or safety of the public or that	24094
results in or is likely to result in immediate substantial damage	24095
to the natural resources of this state.	24096

(D)(1) The chief may issue an order under division (C) of	24097
this section without prior notification if reasonable attempts to	24098
notify the owner have failed or if the owner is currently in	24099
material breach of a prior order, but in such an event	24100
notification shall be given as soon thereafter as practical.	24101

(2) Not later than five days after the issuance of an order	24102
under division (C) of this section, the chief shall provide the	24103
owner an opportunity to be heard and to present evidence that one	24104
of the following applies:	24105

(a) The condition or activity does not present an imminent	24106
danger to the public health or safety or is not likely to result	24107
in immediate substantial damage to natural resources.	24108

(b) Required records, reports, or logs have been submitted.

24109

(3) If the chief, after considering evidence presented by the	24110
owner under division (D)(2)(a) of this section, determines that	24111
the activities do not present such a threat or that the required	24112
records, reports, or logs have been submitted under division	24113
(D)(2)(b) of this section, the chief shall revoke the order. The	24114
owner may appeal an order to the court of common pleas of the	24115
county in which the activity that is the subject of the order is	24116
located.	24117

(E) The chief may issue a bond forfeiture order pursuant to	24118
section 1509.071 of the Revised Code for failure to comply with a	24119
final nonappealable order issued or compliance agreement entered	24120
into under this section.	24121

(F) The chief may notify drilling contractors, transporters,	24122
service companies, or other similar entities of the compliance	24123
status of an owner.	24124

If the owner fails to comply with a prior enforcement action	24125
of the chief, the chief may issue a suspension order without prior	24126
notification, but in such an event the chief shall give notice as	24127
soon thereafter as practical. Not later than five calendar days	24128
after the issuance of an order, the chief shall provide the owner	24129
an opportunity to be heard and to present evidence that required	24130
records, reports, or logs have been submitted. If the chief, after	24131
considering the evidence presented by the owner, determines that	24132
the requirements have been satisfied, the chief shall revoke the	24133
suspension order. The owner may appeal a suspension order to the	24134
court of common pleas of the county in which the activity that is	24135
the subject of the suspension order is located.	24136

(G) The prosecuting attorney of the county or the attorney	24137
general, upon the request of the chief, may apply to the court of	24138
common pleas in the county in which any of the provisions of this	24139
chapter or any rules, terms or conditions of a permit or	24140
registration certificate, or orders adopted or issued pursuant to	24141
this chapter are being violated for a temporary restraining order,	24142
preliminary injunction, or permanent injunction restraining any	24143
person from such violation.	24144

Sec. 1509.041. The chief of the division of ~~mineral~~oil and	24145
gas resources management shall maintain a database on the division	24146
of ~~mineral~~oil and gas resources management's web site that is	24147
accessible to the public. The database shall list each final	24148
nonappealable order issued for a material and substantial	24149
violation under this chapter. The list shall identify the	24150
violator, the date on which the violation occurred, and the date	24151
on which the violation was corrected.	24152

Sec. 1509.05. No person shall drill a new well, drill an	24153
existing well any deeper, reopen a well, convert a well to any use	24154
other than its original purpose, or plug back a well to a source	24155
of supply different from the existing pool, without having a	24156
permit to do so issued by the chief of the division of ~~mineral~~oil	24157
and gas resources management, and until the original permit or a	24158
photostatic copy thereof is posted or displayed in a conspicuous	24159
and easily accessible place at the well site, with the name,	24160
current address, and telephone number of the permit holder and the	24161
telephone numbers for fire and emergency medical services	24162
maintained on the posted permit or copy. The permit or a copy	24163
shall be continuously displayed in that manner at all times during	24164
the work authorized by the permit.	24165

Sec. 1509.06. (A) An application for a permit to drill a new	24166
well, drill an existing well deeper, reopen a well, convert a well	24167
to any use other than its original purpose, or plug back a well to	24168
a different source of supply, including associated production	24169
operations, shall be filed with the chief of the division of	24170
~~mineral~~oil and gas resources management upon such form as the	24171
chief prescribes and shall contain each of the following that is	24172
applicable:	24173

(1) The name and address of the owner and, if a corporation,	24174
the name and address of the statutory agent;	24175

(2) The signature of the owner or the owner's authorized	24176
agent. When an authorized agent signs an application, it shall be	24177
accompanied by a certified copy of the appointment as such agent.	24178

(3) The names and addresses of all persons holding the	24179
royalty interest in the tract upon which the well is located or is	24180
to be drilled or within a proposed drilling unit;	24181

(4) The location of the tract or drilling unit on which the	24182
well is located or is to be drilled identified by section or lot	24183
number, city, village, township, and county;	24184

(5) Designation of the well by name and number;

24185

(6) The geological formation to be tested or used and the	24186
proposed total depth of the well;	24187

(7) The type of drilling equipment to be used;

24188

(8) If the well is for the injection of a liquid, identity of	24189
the geological formation to be used as the injection zone and the	24190
composition of the liquid to be injected;	24191

(9) For an application for a permit to drill a new well	24192
within an urbanized area, a sworn statement that the applicant has	24193
provided notice by regular mail of the application to the owner of	24194
each parcel of real property that is located within five hundred	24195
feet of the surface location of the well and to the executive	24196
authority of the municipal corporation or the board of township	24197
trustees of the township, as applicable, in which the well is to	24198
be located. In addition, the notice shall contain a statement that	24199
informs an owner of real property who is required to receive the	24200
notice under division (A)(9) of this section that within five days	24201
of receipt of the notice, the owner is required to provide notice	24202
under section 1509.60 of the Revised Code to each residence in an	24203
occupied dwelling that is located on the owner's parcel of real	24204
property. The notice shall contain a statement that an application	24205
has been filed with the division of ~~mineral~~oil and gas resources	24206
management, identify the name of the applicant and the proposed	24207
well location, include the name and address of the division, and	24208
contain a statement that comments regarding the application may be	24209
sent to the division. The notice may be provided by hand delivery	24210
or regular mail. The identity of the owners of parcels of real	24211
property shall be determined using the tax records of the	24212
municipal corporation or county in which a parcel of real property	24213
is located as of the date of the notice.	24214

(10) A plan for restoration of the land surface disturbed by	24215
drilling operations. The plan shall provide for compliance with	24216
the restoration requirements of division (A) of section 1509.072	24217
of the Revised Code and any rules adopted by the chief pertaining	24218
to that restoration.	24219

(11) A description by name or number of the county, township,	24220
and municipal corporation roads, streets, and highways that the	24221
applicant anticipates will be used for access to and egress from	24222
the well site;	24223

(12) Such other relevant information as the chief prescribes	24224
by rule.	24225

Each application shall be accompanied by a map, on a scale	24226
not smaller than four hundred feet to the inch, prepared by an	24227
Ohio registered surveyor, showing the location of the well and	24228
containing such other data as may be prescribed by the chief. If	24229
the well is or is to be located within the excavations and	24230
workings of a mine, the map also shall include the location of the	24231
mine, the name of the mine, and the name of the person operating	24232
the mine.	24233

(B) The chief shall cause a copy of the weekly circular	24234
prepared by the division to be provided to the county engineer of	24235
each county that contains active or proposed drilling activity.	24236
The weekly circular shall contain, in the manner prescribed by the	24237
chief, the names of all applicants for permits, the location of	24238
each well or proposed well, the information required by division	24239
(A)(11) of this section, and any additional information the chief	24240
prescribes. In addition, the chief promptly shall transfer an	24241
electronic copy or facsimile, or if those methods are not	24242
available to a municipal corporation or township, a copy via	24243
regular mail, of a drilling permit application to the clerk of the	24244
legislative authority of the municipal corporation or to the clerk	24245
of the township in which the well or proposed well is or is to be	24246
located if the legislative authority of the municipal corporation	24247
or the board of township trustees has asked to receive copies of	24248
such applications and the appropriate clerk has provided the chief	24249
an accurate, current electronic mailing address or facsimile	24250
number, as applicable.	24251

(C)(1) Except as provided in division (C)(2) of this section,	24252
the chief shall not issue a permit for at least ten days after the	24253
date of filing of the application for the permit unless, upon	24254
reasonable cause shown, the chief waives that period or a request	24255
for expedited review is filed under this section. However, the	24256
chief shall issue a permit within twenty-one days of the filing of	24257
the application unless the chief denies the application by order.	24258

(2) If the location of a well or proposed well will be or is	24259
within an urbanized area, the chief shall not issue a permit for	24260
at least eighteen days after the date of filing of the application	24261
for the permit unless, upon reasonable cause shown, the chief	24262
waives that period or the chief at the chief's discretion grants a	24263
request for an expedited review. However, the chief shall issue a	24264
permit for a well or proposed well within an urbanized area within	24265
thirty days of the filing of the application unless the chief	24266
denies the application by order.	24267

(D) An applicant may file a request with the chief for	24268
expedited review of a permit application if the well is not or is	24269
not to be located in a gas storage reservoir or reservoir	24270
protective area, as "reservoir protective area" is defined in	24271
section 1571.01 of the Revised Code. If the well is or is to be	24272
located in a coal bearing township, the application shall be	24273
accompanied by the affidavit of the landowner prescribed in	24274
section 1509.08 of the Revised Code.	24275

In addition to a complete application for a permit that meets	24276
the requirements of this section and the permit fee prescribed by	24277
this section, a request for expedited review shall be accompanied	24278
by a separate nonrefundable filing fee of two hundred fifty	24279
dollars. Upon the filing of a request for expedited review, the	24280
chief shall cause the county engineer of the county in which the	24281
well is or is to be located to be notified of the filing of the	24282
permit application and the request for expedited review by	24283
telephone or other means that in the judgment of the chief will	24284
provide timely notice of the application and request. The chief	24285
shall issue a permit within seven days of the filing of the	24286
request unless the chief denies the application by order.	24287
Notwithstanding the provisions of this section governing expedited	24288
review of permit applications, the chief may refuse to accept	24289
requests for expedited review if, in the chief's judgment, the	24290
acceptance of the requests would prevent the issuance, within	24291
twenty-one days of their filing, of permits for which applications	24292
are pending.	24293

(E) A well shall be drilled and operated in accordance with	24294
the plans, sworn statements, and other information submitted in	24295
the approved application.	24296

(F) The chief shall issue an order denying a permit if the	24297
chief finds that there is a substantial risk that the operation	24298
will result in violations of this chapter or rules adopted under	24299
it that will present an imminent danger to public health or safety	24300
or damage to the environment, provided that where the chief finds	24301
that terms or conditions to the permit can reasonably be expected	24302
to prevent such violations, the chief shall issue the permit	24303
subject to those terms or conditions, including, if applicable,	24304
terms and conditions regarding subjects identified in rules	24305
adopted under section 1509.03 of the Revised Code. The issuance of	24306
a permit shall not be considered an order of the chief.	24307

(G) Each application for a permit required by section 1509.05	24308
of the Revised Code, except an application to plug back an	24309
existing well that is required by that section and an application	24310
for a well drilled or reopened for purposes of section 1509.22 of	24311
the Revised Code, also shall be accompanied by a nonrefundable fee	24312
as follows:	24313

(1) Five hundred dollars for a permit to conduct activities	24314
in a township with a population of fewer than ten thousand;	24315

(2) Seven hundred fifty dollars for a permit to conduct	24316
activities in a township with a population of ten thousand or	24317
more, but fewer than fifteen thousand;	24318

(3) One thousand dollars for a permit to conduct activities	24319
in either of the following:	24320

(a) A township with a population of fifteen thousand or more;

24321

(b) A municipal corporation regardless of population.

24322

(4) If the application is for a permit that requires	24323
mandatory pooling, an additional five thousand dollars.	24324

For purposes of calculating fee amounts, populations shall be	24325
determined using the most recent federal decennial census.	24326

Each application for the revision or reissuance of a permit	24327
shall be accompanied by a nonrefundable fee of two hundred fifty	24328
dollars.	24329

(H) Prior to the issuance of a permit to drill a proposed	24330
well that is to be located in an urbanized area, the division	24331
shall conduct a site review to identify and evaluate any	24332
site-specific terms and conditions that may be attached to the	24333
permit. At the site review, a representative of the division shall	24334
consider fencing, screening, and landscaping requirements, if any,	24335
for similar structures in the community in which the well is	24336
proposed to be located. The terms and conditions that are attached	24337
to the permit shall include the establishment of fencing,	24338
screening, and landscaping requirements for the surface facilities	24339
of the proposed well, including a tank battery of the well.	24340

(I) A permit shall be issued by the chief in accordance with	24341
this chapter. A permit issued under this section for a well that	24342
is or is to be located in an urbanized area shall be valid for	24343
twelve months, and all other permits issued under this section	24344
shall be valid for twenty-four months.	24345

(J) A permittee or a permittee's authorized representative	24346
shall notify an inspector from the division ~~of mineral resources~~	24347
~~management~~ at least twenty-four hours, or another time period	24348
agreed to by the chief's authorized representative, prior to the	24349
commencement of drilling, reopening, converting, well stimulation,	24350
or plugback operations.	24351

Sec. 1509.061. An owner of a well who has been issued a	24352
permit under section 1509.06 of the Revised Code may submit to the	24353
chief of the division of ~~mineral~~oil and gas resources management,	24354
on a form prescribed by the chief, a request to revise an existing	24355
tract upon which exists a producing or idle well. The chief shall	24356
adopt, and may amend and rescind, rules under section 1509.03 of	24357
the Revised Code that are necessary for the administration of this	24358
section. The rules at least shall stipulate the information to be	24359
included on the request form and shall establish a fee to be paid	24360
by the person submitting the request, which fee shall not exceed	24361
two hundred fifty dollars.	24362

The chief shall approve a request submitted under this	24363
section unless it would result in a violation of this chapter or	24364
rules adopted under it, including provisions establishing spacing	24365
or minimum acreage requirements.	24366

Sec. 1509.062. (A)(1) The owner of a well that has not been	24367
completed, a well that has not produced within one year after	24368
completion, or an existing well that has no reported production	24369
for two consecutive reporting periods as reported in accordance	24370
with section 1509.11 of the Revised Code shall plug the well in	24371
accordance with section 1509.12 of the Revised Code, obtain	24372
temporary inactive well status for the well in accordance with	24373
this section, or perform another activity regarding the well that	24374
is approved by the chief of the division of ~~mineral~~oil and gas	24375
resources management.	24376

(2) If a well has a reported annual production that is less	24377
than one hundred thousand cubic feet of natural gas or fifteen	24378
barrels of crude oil, or a combination thereof, the chief may	24379
require the owner of the well to submit an application for	24380
temporary inactive well status under this section for the well.	24381

(B) In order for the owner of a well to submit an application	24382
for temporary inactive well status for the well under this	24383
division, the owner and the well shall be in compliance with this	24384
chapter and rules adopted under it, any terms and conditions of	24385
the permit for the well, and applicable orders issued by the	24386
chief. An application for temporary inactive status for a well	24387
shall be submitted to the chief on a form prescribed and provided	24388
by the chief and shall contain all of the following:	24389

(1) The owner's name and address and, if the owner is a	24390
corporation, the name and address of the corporation's statutory	24391
agent;	24392

(2) The signature of the owner or of the owner's authorized	24393
agent. When an authorized agent signs an application, the	24394
application shall be accompanied by a certified copy of the	24395
appointment as such agent.	24396

(3) The permit number assigned to the well. If the well has	24397
not been assigned a permit number, the chief shall assign a permit	24398
number to the well.	24399

(4) A map, on a scale not smaller than four hundred feet to	24400
the inch, that shows the location of the well and the tank	24401
battery, that includes the latitude and longitude of the well, and	24402
that contains all other data that are required by the chief;	24403

(5) A demonstration that the well is of future utility and	24404
that the applicant has a viable plan to utilize the well within a	24405
reasonable period of time;	24406

(6) A demonstration that the well poses no threat to the	24407
health or safety of persons, property, or the environment;	24408

(7) Any other relevant information that the chief prescribes	24409
by rule.	24410

The chief may waive any of the requirements established in	24411
divisions (B)(1) to (6) of this section if the division of ~~mineral~~	24412
oil and gas resources management possesses a current copy of the	24413
information or document that is required in the applicable	24414
division.	24415

(C) Upon receipt of an application for temporary inactive	24416
well status, the chief shall review the application and shall	24417
either deny the application by issuing an order or approve the	24418
application. The chief shall approve the application only if the	24419
chief determines that the well that is the subject of the	24420
application poses no threat to the health or safety of persons,	24421
property, or the environment. If the chief approves the	24422
application, the chief shall notify the applicant of the chief's	24423
approval. Upon receipt of the chief's approval, the owner shall	24424
shut in the well and empty all liquids and gases from all storage	24425
tanks, pipelines, and other equipment associated with the well. In	24426
addition, the owner shall maintain the well, other equipment	24427
associated with the well, and the surface location of the well in	24428
a manner that prevents hazards to the health and safety of people	24429
and the environment. The owner shall inspect the well at least	24430
every six months and submit to the chief within fourteen days	24431
after the inspection a record of inspection on a form prescribed	24432
and provided by the chief.	24433

(D) Not later than thirty days prior to the expiration of	24434
temporary inactive well status or a renewal of temporary inactive	24435
well status approved by the chief for a well, the owner of the	24436
well may submit to the chief an application for renewal of the	24437
temporary inactive well status on a form prescribed and provided	24438
by the chief. The application shall include a detailed plan that	24439
describes the ultimate disposition of the well, the time frames	24440
for that disposition, and any other information that the chief	24441
determines is necessary. The chief shall either deny an	24442
application by order or approve the application. If the chief	24443
approves the application, the chief shall notify the owner of the	24444
well of the chief's approval.	24445

(E) An application for temporary inactive well status shall	24446
be accompanied by a nonrefundable fee of one hundred dollars. An	24447
application for a renewal of temporary inactive well status shall	24448
be accompanied by a nonrefundable fee of two hundred fifty dollars	24449
for the first renewal and five hundred dollars for each subsequent	24450
renewal.	24451

(F) After a third renewal, the chief may require an owner to	24452
provide a surety bond in an amount not to exceed ten thousand	24453
dollars for each of the owner's wells that has been approved by	24454
the chief for temporary inactive well status.	24455

(G) Temporary inactive well status approved by the chief	24456
expires one year after the date of approval of the application for	24457
temporary inactive well status or production from the well	24458
commences, whichever occurs sooner. In addition, a renewal of a	24459
temporary inactive well status expires one year after the	24460
expiration date of the initial temporary inactive well status or	24461
one year after the expiration date of the previous renewal of the	24462
temporary inactive well status, as applicable, or production from	24463
the well commences, whichever occurs sooner.	24464

(H) The owner of a well that has been approved by the chief	24465
for temporary inactive well status may commence production from	24466
the well at any time. Not later than sixty days after the	24467
commencement of production from such a well, the owner shall	24468
notify the chief of the commencement of production.	24469

(I) This chapter and rules adopted under it, any terms and	24470
conditions of the permit for a well, and applicable orders issued	24471
by the chief apply to a well that has been approved by the chief	24472
for temporary inactive well status or renewal of that status.	24473

Sec. 1509.07. An owner of any well, except an exempt	24474
Mississippian well or an exempt domestic well, shall obtain	24475
liability insurance coverage from a company authorized to do	24476
business in this state in an amount of not less than one million	24477
dollars bodily injury coverage and property damage coverage to pay	24478
damages for injury to persons or damage to property caused by the	24479
drilling, operation, or plugging of all the owner's wells in this	24480
state. However, if any well is located within an urbanized area,	24481
the owner shall obtain liability insurance coverage in an amount	24482
of not less than three million dollars for bodily injury coverage	24483
and property damage coverage to pay damages for injury to persons	24484
or damage to property caused by the drilling, operation, or	24485
plugging of all of the owner's wells in this state. The owner	24486
shall maintain the coverage until all the owner's wells are	24487
plugged and abandoned or are transferred to an owner who has	24488
obtained insurance as required under this section and who is not	24489
under a notice of material and substantial violation or under a	24490
suspension order. The owner shall provide proof of liability	24491
insurance coverage to the chief of the division of ~~mineral~~oil and	24492
gas resources management upon request. Upon failure of the owner	24493
to provide that proof when requested, the chief may order the	24494
suspension of any outstanding permits and operations of the owner	24495
until the owner provides proof of the required insurance coverage.	24496

Except as otherwise provided in this section, an owner of any	24497
well, before being issued a permit under section 1509.06 of the	24498
Revised Code or before operating or producing from a well, shall	24499
execute and file with the division of ~~mineral~~oil and gas	24500
resources management a surety bond conditioned on compliance with	24501
the restoration requirements of section 1509.072, the plugging	24502
requirements of section 1509.12, the permit provisions of section	24503
1509.13 of the Revised Code, and all rules and orders of the chief	24504
relating thereto, in an amount set by rule of the chief.	24505

The owner may deposit with the chief, instead of a surety	24506
bond, cash in an amount equal to the surety bond as prescribed	24507
pursuant to this section or negotiable certificates of deposit or	24508
irrevocable letters of credit, issued by any bank organized or	24509
transacting business in this state or by any savings and loan	24510
association as defined in section 1151.01 of the Revised Code,	24511
having a cash value equal to or greater than the amount of the	24512
surety bond as prescribed pursuant to this section. Cash or	24513
certificates of deposit shall be deposited upon the same terms as	24514
those upon which surety bonds may be deposited. If certificates of	24515
deposit are deposited with the chief instead of a surety bond, the	24516
chief shall require the bank or savings and loan association that	24517
issued any such certificate to pledge securities of a cash value	24518
equal to the amount of the certificate that is in excess of the	24519
amount insured by any of the agencies and instrumentalities	24520
created under the "Federal Deposit Insurance Act," 64 Stat. 873	24521
(1950), 12 U.S.C. 1811, as amended, and regulations adopted under	24522
it, including at least the federal deposit insurance corporation,	24523
bank insurance fund, and savings association insurance fund. The	24524
securities shall be security for the repayment of the certificate	24525
of deposit.	24526

Immediately upon a deposit of cash, certificates of deposit,	24527
or letters of credit with the chief, the chief shall deliver them	24528
to the treasurer of state who shall hold them in trust for the	24529
purposes for which they have been deposited.	24530

Instead of a surety bond, the chief may accept proof of	24531
financial responsibility consisting of a sworn financial statement	24532
showing a net financial worth within this state equal to twice the	24533
amount of the bond for which it substitutes and, as may be	24534
required by the chief, a list of producing properties of the owner	24535
within this state or other evidence showing ability and intent to	24536
comply with the law and rules concerning restoration and plugging	24537
that may be required by rule of the chief. The owner of an exempt	24538
Mississippian well is not required to file scheduled updates of	24539
the financial documents, but shall file updates of those documents	24540
if requested to do so by the chief. The owner of a nonexempt	24541
Mississippian well shall file updates of the financial documents	24542
in accordance with a schedule established by rule of the chief.	24543
The chief, upon determining that an owner for whom the chief has	24544
accepted proof of financial responsibility instead of bond cannot	24545
demonstrate financial responsibility, shall order that the owner	24546
execute and file a bond or deposit cash, certificates of deposit,	24547
or irrevocable letters of credit as required by this section for	24548
the wells specified in the order within ten days of receipt of the	24549
order. If the order is not complied with, all wells of the owner	24550
that are specified in the order and for which no bond is filed or	24551
cash, certificates of deposit, or letters of credit are deposited	24552
shall be plugged. No owner shall fail or refuse to plug such a	24553
well. Each day on which such a well remains unplugged thereafter	24554
constitutes a separate offense.	24555

The surety bond provided for in this section shall be	24556
executed by a surety company authorized to do business in this	24557
state.	24558

The chief shall not approve any bond until it is personally	24559
signed and acknowledged by both principal and surety, or as to	24560
either by the principal's or surety's attorney in fact, with a	24561
certified copy of the power of attorney attached thereto. The	24562
chief shall not approve a bond unless there is attached a	24563
certificate of the superintendent of insurance that the company is	24564
authorized to transact a fidelity and surety business in this	24565
state.	24566

All bonds shall be given in a form to be prescribed by the	24567
chief and shall run to the state as obligee.	24568

An owner of an exempt Mississippian well or an exempt	24569
domestic well, in lieu of filing a surety bond, cash in an amount	24570
equal to the surety bond, certificates of deposit, irrevocable	24571
letters of credit, or a sworn financial statement, may file a	24572
one-time fee of fifty dollars, which shall be deposited in the oil	24573
and gas well plugging fund created in section 1509.071 of the	24574
Revised Code.	24575

An owner, operator, producer, or other person shall not	24576
operate a well or produce from a well at any time if the owner,	24577
operator, producer, or other person has not satisfied the	24578
requirements established in this section.	24579

Sec. 1509.071. (A) When the chief of the division of ~~mineral~~	24580
oil and gas resources management finds that an owner has failed to	24581
comply with a final nonappealable order issued or compliance	24582
agreement entered into under section 1509.04, the restoration	24583
requirements of section 1509.072, plugging requirements of section	24584
1509.12, or permit provisions of section 1509.13 of the Revised	24585
Code, or rules and orders relating thereto, the chief shall make a	24586
finding of that fact and declare any surety bond filed to ensure	24587
compliance with those sections and rules forfeited in the amount	24588
set by rule of the chief. The chief thereupon shall certify the	24589
total forfeiture to the attorney general, who shall proceed to	24590
collect the amount of the forfeiture. In addition, the chief may	24591
require an owner, operator, producer, or other person who	24592
forfeited a surety bond to post a new surety bond in the amount of	24593
fifteen thousand dollars for a single well, thirty thousand	24594
dollars for two wells, or fifty thousand dollars for three or more	24595
wells.	24596

In lieu of total forfeiture, the surety or owner, at the	24597
surety's or owner's option, may cause the well to be properly	24598
plugged and abandoned and the area properly restored or pay to the	24599
treasurer of state the cost of plugging and abandonment.	24600

(B) All moneys collected because of forfeitures of bonds as	24601
provided in this section shall be deposited in the state treasury	24602
to the credit of the oil and gas well fund created in section	24603
1509.02 of the Revised Code.	24604

The chief annually shall spend not less than fourteen per	24605
cent of the revenue credited to the fund during the previous	24606
fiscal year for the following purposes:	24607

(1) In accordance with division (D) of this section, to plug	24608
idle and orphaned wells or to restore the land surface properly as	24609
required in section 1509.072 of the Revised Code;	24610

(2) In accordance with division (E) of this section, to	24611
correct conditions that the chief reasonably has determined are	24612
causing imminent health or safety risks at an idle and orphaned	24613
well or a well for which the owner cannot be contacted in order to	24614
initiate a corrective action within a reasonable period of time as	24615
determined by the chief.	24616

Expenditures from the fund shall be made only for lawful	24617
purposes. In addition, expenditures from the fund shall not be	24618
made to purchase real property or to remove a dwelling in order to	24619
access a well.	24620

(C)(1) Upon determining that the owner of a well has failed	24621
to properly plug and abandon it or to properly restore the land	24622
surface at the well site in compliance with the applicable	24623
requirements of this chapter and applicable rules adopted and	24624
orders issued under it or that a well is an abandoned well for	24625
which no funds are available to plug the well in accordance with	24626
this chapter, the chief shall do all of the following:	24627

(a) Determine from the records in the office of the county	24628
recorder of the county in which the well is located the identity	24629
of the owner of the land on which the well is located, the	24630
identity of the owner of the oil or gas lease under which the well	24631
was drilled or the identity of each person owning an interest in	24632
the lease, and the identities of the persons having legal title	24633
to, or a lien upon, any of the equipment appurtenant to the well;	24634

(b) Mail notice to the owner of the land on which the well is	24635
located informing the landowner that the well is to be plugged. If	24636
the owner of the oil or gas lease under which the well was drilled	24637
is different from the owner of the well or if any persons other	24638
than the owner of the well own interests in the lease, the chief	24639
also shall mail notice that the well is to be plugged to the owner	24640
of the lease or to each person owning an interest in the lease, as	24641
appropriate.	24642

(c) Mail notice to each person having legal title to, or a	24643
lien upon, any equipment appurtenant to the well, informing the	24644
person that the well is to be plugged and offering the person the	24645
opportunity to plug the well and restore the land surface at the	24646
well site at the person's own expense in order to avoid forfeiture	24647
of the equipment to this state.	24648

(2) If none of the persons described in division (C)(1)(c) of	24649
this section plugs the well within sixty days after the mailing of	24650
the notice required by that division, all equipment appurtenant to	24651
the well is hereby declared to be forfeited to this state without	24652
compensation and without the necessity for any action by the state	24653
for use to defray the cost of plugging and abandoning the well and	24654
restoring the land surface at the well site.	24655

(D) Expenditures from the fund for the purpose of division	24656
(B)(1) of this section shall be made in accordance with either of	24657
the following:	24658

(1) The expenditures may be made pursuant to contracts	24659
entered into by the chief with persons who agree to furnish all of	24660
the materials, equipment, work, and labor as specified and	24661
provided in such a contract for activities associated with the	24662
restoration or plugging of a well as determined by the chief. The	24663
activities may include excavation to uncover a well, geophysical	24664
methods to locate a buried well when clear evidence of leakage	24665
from the well exists, cleanout of wellbores to remove material	24666
from a failed plugging of a well, plugging operations,	24667
installation of vault and vent systems, including associated	24668
engineering certifications and permits, restoration of property,	24669
and repair of damage to property that is caused by such	24670
activities. Expenditures shall not be used for salaries,	24671
maintenance, equipment, or other administrative purposes, except	24672
for costs directly attributed to the plugging of an idle and	24673
orphaned well. Agents or employees of persons contracting with the	24674
chief for a restoration or plugging project may enter upon any	24675
land, public or private, on which the well is located for the	24676
purpose of performing the work. Prior to such entry, the chief	24677
shall give to the following persons written notice of the	24678
existence of a contract for a project to restore or plug a well,	24679
the names of the persons with whom the contract is made, and the	24680
date that the project will commence: the owner of the well, the	24681
owner of the land upon which the well is located, the owner or	24682
agents of adjoining land, and, if the well is located in the same	24683
township as or in a township adjacent to the excavations and	24684
workings of a mine and the owner or lessee of that mine has	24685
provided written notice identifying those townships to the chief	24686
at any time during the immediately preceding three years, the	24687
owner or lessee of the mine.	24688

(2)(a) The owner of the land on which a well is located who	24689
has received notice under division (C)(1)(b) of this section may	24690
plug the well and be reimbursed by the division of oil and gas	24691
resources management for the reasonable cost of plugging the well.	24692
In order to plug the well, the landowner shall submit an	24693
application to the chief on a form prescribed by the chief and	24694
approved by the technical advisory council on oil and gas created	24695
in section 1509.38 of the Revised Code. The application, at a	24696
minimum, shall require the landowner to provide the same	24697
information as is required to be included in the application for a	24698
permit to plug and abandon under section 1509.13 of the Revised	24699
Code. The application shall be accompanied by a copy of a proposed	24700
contract to plug the well prepared by a contractor regularly	24701
engaged in the business of plugging oil and gas wells. The	24702
proposed contract shall require the contractor to furnish all of	24703
the materials, equipment, work, and labor necessary to plug the	24704
well properly and shall specify the price for doing the work,	24705
including a credit for the equipment appurtenant to the well that	24706
was forfeited to the state through the operation of division	24707
(C)(2) of this section. Expenditures under division (D)(2)(a) of	24708
this section shall be consistent with the expenditures for	24709
activities described in division (D)(1) of this section. The	24710
application also shall be accompanied by the permit fee required	24711
by section 1509.13 of the Revised Code unless the chief, in the	24712
chief's discretion, waives payment of the permit fee. The	24713
application constitutes an application for a permit to plug and	24714
abandon the well for the purposes of section 1509.13 of the	24715
Revised Code.	24716

(b) Within thirty days after receiving an application and	24717
accompanying proposed contract under division (D)(2)(a) of this	24718
section, the chief shall determine whether the plugging would	24719
comply with the applicable requirements of this chapter and	24720
applicable rules adopted and orders issued under it and whether	24721
the cost of the plugging under the proposed contract is	24722
reasonable. If the chief determines that the proposed plugging	24723
would comply with those requirements and that the proposed cost of	24724
the plugging is reasonable, the chief shall notify the landowner	24725
of that determination and issue to the landowner a permit to plug	24726
and abandon the well under section 1509.13 of the Revised Code.	24727
Upon approval of the application and proposed contract, the chief	24728
shall transfer ownership of the equipment appurtenant to the well	24729
to the landowner. The chief may disapprove an application	24730
submitted under division (D)(2)(a) of this section if the chief	24731
determines that the proposed plugging would not comply with the	24732
applicable requirements of this chapter and applicable rules	24733
adopted and orders issued under it, that the cost of the plugging	24734
under the proposed contract is unreasonable, or that the proposed	24735
contract is not a bona fide, ~~arms~~arm's length contract.	24736

(c) After receiving the chief's notice of the approval of the	24737
application and permit to plug and abandon a well under division	24738
(D)(2)(b) of this section, the landowner shall enter into the	24739
proposed contract to plug the well.	24740

(d) Upon determining that the plugging has been completed in	24741
compliance with the applicable requirements of this chapter and	24742
applicable rules adopted and orders issued under it, the chief	24743
shall reimburse the landowner for the cost of the plugging as set	24744
forth in the proposed contract approved by the chief. The	24745
reimbursement shall be paid from the oil and gas well fund. If the	24746
chief determines that the plugging was not completed in accordance	24747
with the applicable requirements, the chief shall not reimburse	24748
the landowner for the cost of the plugging, and the landowner or	24749
the contractor, as applicable, promptly shall transfer back to	24750
this state title to and possession of the equipment appurtenant to	24751
the well that previously was transferred to the landowner under	24752
division (D)(2)(b) of this section. If any such equipment was	24753
removed from the well during the plugging and sold, the landowner	24754
shall pay to the chief the proceeds from the sale of the	24755
equipment, and the chief promptly shall pay the moneys so received	24756
to the treasurer of state for deposit into the oil and gas well	24757
fund.	24758

The chief may establish an annual limit on the number of	24759
wells that may be plugged under division (D)(2) of this section or	24760
an annual limit on the expenditures to be made under that	24761
division.	24762

As used in division (D)(2) of this section, "plug" and	24763
"plugging" include the plugging of the well and the restoration of	24764
the land surface disturbed by the plugging.	24765

(E) Expenditures from the oil and gas well fund for the	24766
purpose of division (B)(2) of this section may be made pursuant to	24767
contracts entered into by the chief with persons who agree to	24768
furnish all of the materials, equipment, work, and labor as	24769
specified and provided in such a contract. The competitive bidding	24770
requirements of Chapter 153. of the Revised Code do not apply if	24771
the chief reasonably determines that correction of the applicable	24772
health or safety risk requires immediate action. The chief,	24773
designated representatives of the chief, and agents or employees	24774
of persons contracting with the chief under this division may	24775
enter upon any land, public or private, for the purpose of	24776
performing the work.	24777

(F) Contracts entered into by the chief under this section	24778
are not subject to either of the following:	24779

(1) Chapter 4115. of the Revised Code;

24780

(2) Section 153.54 of the Revised Code, except that the	24781
contractor shall obtain and provide to the chief as a bid guaranty	24782
a surety bond or letter of credit in an amount equal to ten per	24783
cent of the amount of the contract.	24784

(G) The owner of land on which a well is located who has	24785
received notice under division (C)(1)(b) of this section, in lieu	24786
of plugging the well in accordance with division (D)(2) of this	24787
section, may cause ownership of the well to be transferred to an	24788
owner who is lawfully doing business in this state and who has met	24789
the financial responsibility requirements established under	24790
section 1509.07 of the Revised Code, subject to the approval of	24791
the chief. The transfer of ownership also shall be subject to the	24792
landowner's filing the appropriate forms required under section	24793
1509.31 of the Revised Code and providing to the chief sufficient	24794
information to demonstrate the landowner's or owner's right to	24795
produce a formation or formations. That information may include a	24796
deed, a lease, or other documentation of ownership or property	24797
rights.	24798

The chief shall approve or disapprove the transfer of	24799
ownership of the well. If the chief approves the transfer, the	24800
owner is responsible for operating the well in accordance with	24801
this chapter and rules adopted under it, including, without	24802
limitation, all of the following:	24803

(1) Filing an application with the chief under section	24804
1509.06 of the Revised Code if the owner intends to drill deeper	24805
or produce a formation that is not listed in the records of the	24806
division for that well;	24807

(2) Taking title to and possession of the equipment	24808
appurtenant to the well that has been identified by the chief as	24809
having been abandoned by the former owner;	24810

(3) Complying with all applicable requirements that are	24811
necessary to drill deeper, plug the well, or plug back the well.	24812

(H) The chief shall issue an order that requires the owner of	24813
a well to pay the actual documented costs of a corrective action	24814
that is described in division (B)(2) of this section concerning	24815
the well. The chief shall transmit the money so recovered to the	24816
treasurer of state who shall deposit the money in the state	24817
treasury to the credit of the oil and gas well fund.	24818

Sec. 1509.072. No oil or gas well owner or agent of an oil	24819
or gas well owner shall fail to restore the land surface within	24820
the area disturbed in siting, drilling, completing, and producing	24821
the well as required in this section.	24822

(A) Within fourteen days after the date upon which the	24823
drilling of a well is completed to total depth in an urbanized	24824
area and within two months after the date upon which the drilling	24825
of a well is completed in all other areas, the owner or the	24826
owner's agent, in accordance with the restoration plan filed under	24827
division (A)(10) of section 1509.06 of the Revised Code, shall	24828
fill all the pits for containing brine and other waste substances	24829
resulting, obtained, or produced in connection with exploration or	24830
drilling for oil or gas that are not required by other state or	24831
federal law or regulation, and remove all drilling supplies and	24832
drilling equipment. Unless the chief of the division of ~~mineral~~	24833
oil and gas resources management approves a longer time period,	24834
within three months after the date upon which the surface drilling	24835
of a well is commenced in an urbanized area and within six months	24836
after the date upon which the surface drilling of a well is	24837
commenced in all other areas, the owner or the owner's agent shall	24838
grade or terrace and plant, seed, or sod the area disturbed that	24839
is not required in production of the well where necessary to bind	24840
the soil and prevent substantial erosion and sedimentation. If the	24841
chief finds that a pit used for containing brine, other waste	24842
substances, or oil is in violation of section 1509.22 of the	24843
Revised Code or rules adopted or orders issued under it, the chief	24844
may require the pit to be emptied and closed before expiration of	24845
the fourteen-day or three-month restoration period.	24846

(B) Within three months after a well that has produced oil or	24847
gas is plugged in an urbanized area and within six months after a	24848
well that has produced oil or gas is plugged in all other areas,	24849
or after the plugging of a dry hole, unless the chief approves a	24850
longer time period, the owner or the owner's agent shall remove	24851
all production and storage structures, supplies, and equipment,	24852
and any oil, salt water, and debris, and fill any remaining	24853
excavations. Within that period the owner or the owner's agent	24854
shall grade or terrace and plant, seed, or sod the area disturbed	24855
where necessary to bind the soil and prevent substantial erosion	24856
and sedimentation.	24857

The owner shall be released from responsibility to perform	24858
any or all restoration requirements of this section on any part or	24859
all of the area disturbed upon the filing of a request for a	24860
waiver with and obtaining the written approval of the chief, which	24861
request shall be signed by the surface owner to certify the	24862
approval of the surface owner of the release sought. The chief	24863
shall approve the request unless the chief finds upon inspection	24864
that the waiver would be likely to result in substantial damage to	24865
adjoining property, substantial contamination of surface or	24866
underground water, or substantial erosion or sedimentation.	24867

The chief, by order, may shorten the time periods provided	24868
for under division (A) or (B) of this section if failure to	24869
shorten the periods would be likely to result in damage to public	24870
health or the waters or natural resources of the state.	24871

The chief, upon written application by an owner or an owner's	24872
agent showing reasonable cause, may extend the period within which	24873
restoration shall be completed under divisions (A) and (B) of this	24874
section, but not to exceed a further six-month period, except	24875
under extraordinarily adverse weather conditions or when essential	24876
equipment, fuel, or labor is unavailable to the owner or the	24877
owner's agent.	24878

If the chief refuses to approve a request for waiver or	24879
extension, the chief shall do so by order.	24880

Sec. 1509.073. A person that is issued a permit under this	24881
chapter to drill a new well or drill an existing well deeper in an	24882
urbanized area shall establish fluid drilling conditions prior to	24883
penetration of the Onondaga limestone and continue to use fluid	24884
drilling until total depth of the well is achieved unless the	24885
chief of the division of ~~mineral~~oil and gas resources management	24886
authorizes such drilling without using fluid.	24887

Sec. 1509.08. Upon receipt of an application for a permit	24888
required by section 1509.05 of the Revised Code, or upon receipt	24889
of an application for a permit to plug and abandon under section	24890
1509.13 of the Revised Code, the chief of the division of ~~mineral~~	24891
oil and gas resources management shall determine whether the well	24892
is or is to be located in a coal bearing township.	24893

Whether or not the well is or is to be located in a coal	24894
bearing township, the chief, by order, may refuse to issue a	24895
permit required by section 1509.05 of the Revised Code to any	24896
applicant who at the time of applying for the permit is in	24897
material or substantial violation of this chapter or rules adopted	24898
or orders issued under it. The chief shall refuse to issue a	24899
permit to any applicant who at the time of applying for the permit	24900
has been found liable by a final nonappealable order of a court of	24901
competent jurisdiction for damage to streets, roads, highways,	24902
bridges, culverts, or drainways pursuant to section 4513.34 or	24903
5577.12 of the Revised Code until the applicant provides the chief	24904
with evidence of compliance with the order. No applicant shall	24905
attempt to circumvent this provision by applying for a permit	24906
under a different name or business organization name, by	24907
transferring responsibility to another person or entity, by	24908
abandoning the well or lease, or by any other similar act.	24909

If the well is not or is not to be located in a coal bearing	24910
township, or if it is to be located in a coal bearing township,	24911
but the landowner submits an affidavit attesting to ownership of	24912
the property in fee simple, including the coal, and has no	24913
objection to the well, the chief shall issue the permit.	24914

If the application to drill, reopen, or convert concerns a	24915
well that is or is to be located in a coal bearing township, the	24916
chief shall transmit to the chief of the division of mineral	24917
resources management two copies of the application and three	24918
copies of the map required in section 1509.06 of the Revised Code,	24919
except that, when the affidavit with the waiver of objection	24920
described above is submitted, the chief of the division of oil and	24921
gas resources management shall not transmit the copies.	24922

The chief of the division of mineral resources management	24923
immediately shall notify the owner or lessee of any affected mine	24924
that the application has been filed and send to the owner or	24925
lessee two copies of the map accompanying the application setting	24926
forth the location of the well.	24927

If the owner or lessee objects to the location of the well or	24928
objects to any location within fifty feet of the original location	24929
as a possible site for relocation of the well, the owner or lessee	24930
shall notify the chief of the division of mineral resources	24931
management of the objection, giving the reasons for the objection	24932
and, if applicable, indicating on a copy of the map the particular	24933
location or locations within fifty feet of the original location	24934
to which the owner or lessee objects as a site for possible	24935
relocation of the well, within six days after the receipt of the	24936
notice. If the chief receives no objections from the owner or	24937
lessee of the mine within ten days after the receipt of the notice	24938
by the owner or lessee, or if in the opinion of the chief the	24939
objections offered by the owner or lessee are not sufficiently	24940
well founded, the chief immediately shall notify the owner or	24941
lessee of those findings. The owner or lessee may appeal the	24942
decision of the chief to the reclamation commission under section	24943
1513.13 of the Revised Code. The appeal shall be filed within	24944
fifteen days, notwithstanding provisions in divisions (A)(1) of	24945
section 1513.13 of the Revised Code, to the contrary, from the	24946
date on which the owner or lessee receives the notice. If the	24947
appeal is not filed within that time, the chief immediately shall	24948
approve the application ~~and~~, retain a copy of the application and	24949
map, and return a copy of the application to the chief of the	24950
division of oil and gas resources management with the approval	24951
noted on it. The chief of the division of oil and gas resources	24952
management then shall issue the permit if the provisions of this	24953
chapter pertaining to the issuance of such a permit have been	24954
complied with.	24955

If the chief of the division of mineral resources management	24956
receives an objection from the owner or lessee of the mine as to	24957
the location of the well within ten days after receipt of the	24958
notice by the owner or lessee, and if in the opinion of the chief	24959
the objection is well founded, the chief shall disapprove the	24960
application and ~~suggest~~immediately return it to the chief of the	24961
division of oil and gas resources management together with the	24962
reasons for disapproval and a suggestion for a new location for	24963
the well, provided that the suggested new location shall not be a	24964
location within fifty feet of the original location to which the	24965
owner or lessee has objected as a site for possible relocation of	24966
the well if the chief of the division of mineral resources	24967
management has determined that the objection is well founded. The	24968
chief of the division of oil and gas resources management	24969
immediately shall notify the applicant for the permit of the	24970
disapproval and any suggestion made by the chief of the division	24971
of mineral resources management as to a new location for the well.	24972
The applicant may withdraw the application or amend the	24973
application to drill the well at the location suggested by the	24974
chief, or the applicant may appeal the disapproval of the	24975
application by the chief to the reclamation commission.	24976

If the chief of the division of mineral resources management	24977
receives no objection from the owner or lessee of a mine as to the	24978
location of the well, but does receive an objection from the owner	24979
or lessee as to one or more locations within fifty feet of the	24980
original location as possible sites for relocation of the well	24981
within ten days after receipt of the notice by the owner or	24982
lessee, and if in the opinion of the chief the objection is well	24983
founded, the chief nevertheless shall approve the application and	24984
shall return it immediately to the chief of the division of oil	24985
and gas resources management together with the reasons for	24986
disapproving any of the locations to which the owner or lessee	24987
objects as possible sites for the relocation of the well. The	24988
chief of the division of oil and gas resources management then	24989
shall issue a permit if the provisions of this chapter pertaining	24990
to the issuance of such a permit have been complied with,	24991
incorporating as a term or condition of the permit that the	24992
applicant is prohibited from commencing drilling at any location	24993
within fifty feet of the original location that has been	24994
disapproved by the chief of the division of mineral resources	24995
management. The applicant may appeal to the reclamation commission	24996
the terms and conditions of the permit prohibiting the	24997
commencement of drilling at any such location disapproved by the	24998
chief of the division of mineral resources management.	24999

Any such appeal shall be filed within fifteen days,	25000
notwithstanding provisions in division (A)(1) of section 1513.13	25001
of the Revised Code to the contrary, from the date the applicant	25002
receives notice of the disapproval of the application, any other	25003
location within fifty feet of the original location, or terms or	25004
conditions of the permit, or the owner or lessee receives notice	25005
of the chief's decision. No approval or disapproval of an	25006
application shall be delayed by the chief of the division of	25007
mineral resources management for more than fifteen days from the	25008
date of sending the notice of the application to the mine owner or	25009
lessee as required by this section.	25010

All appeals provided for in this section shall be treated as	25011
expedited appeals. The reclamation commission shall hear any such	25012
appeal in accordance with section 1513.13 of the Revised Code and	25013
issue a decision within thirty days of the filing of the notice of	25014
appeal.	25015

The chief of the division of oil and gas resources management	25016
shall not issue a permit to drill a new well or reopen a well that	25017
is or is to be located within three hundred feet of any opening of	25018
any mine used as a means of ingress, egress, or ventilation for	25019
persons employed in the mine, nor within one hundred feet of any	25020
building or inflammable structure connected with the mine and	25021
actually used as a part of the operating equipment of the mine,	25022
unless the chief of the division of mineral resources management	25023
determines that life or property will not be endangered by	25024
drilling and operating the well in that location.	25025

The chief of the division of mineral resources management may	25026
suspend the drilling or reopening of a well in a coal bearing	25027
township after determining that the drilling or reopening	25028
activities present an imminent and substantial threat to public	25029
health or safety or to miners' health or safety and having been	25030
unable to contact the chief of the division of oil and gas	25031
resources management to request an order of suspension under	25032
section 1509.06 of the Revised Code. Before issuing a suspension	25033
order for that purpose, the chief of the division of mineral	25034
resources management shall notify the owner in a manner that in	25035
the chief's judgment would provide reasonable notification that	25036
the chief intends to issue a suspension order. The chief may issue	25037
such an order without prior notification if reasonable attempts to	25038
notify the owner have failed, but in that event notification shall	25039
be given as soon thereafter as practical. Within five calendar	25040
days after the issuance of the order, the chief shall provide the	25041
owner an opportunity to be heard and to present evidence that the	25042
activities do not present an imminent and substantial threat to	25043
public health or safety or to miners' health or safety. If, after	25044
considering the evidence presented by the owner, the chief	25045
determines that the activities do not present such a threat, the	25046
chief shall revoke the suspension order. An owner may appeal a	25047
suspension order issued by the chief of the division of mineral	25048
resources management under this section to the reclamation	25049
commission in accordance with section 1513.13 of the Revised Code	25050
or may appeal the order directly to the court of common pleas of	25051
the county in which the well is located.	25052

Sec. 1509.09. A well may be drilled under a permit only at	25053
the location designated on the map required in section 1509.06 of	25054
the Revised Code. The location of a well may be changed after the	25055
issuance of a permit only with the approval of the chief of the	25056
division of ~~mineral~~oil and gas resources management and, if the	25057
well is located in a coal bearing township, with the approval of	25058
the chief of the division of mineral resources management using	25059
the procedures required in section 1509.08 of the Revised Code for	25060
a permit to drill a well unless the permit holder requests the	25061
issuance of an emergency drilling permit under this section due to	25062
a lost hole under such circumstances that completion of the well	25063
is not feasible at the original location. If a permit holder	25064
requests a change of location, the permit holder shall return the	25065
original permit and file an amended map indicating the proposed	25066
new location.	25067

Drilling shall not be commenced at a new location until the	25068
original permit bearing a notation of approval by the chief or	25069
chiefs is posted at the well site. However, a permit holder may	25070
commence drilling at a new location without first receiving the	25071
prior approval required by this section, if all of the following	25072
conditions are met:	25073

(A) Within one working day after spudding the new well, the	25074
permit holder files a request for an emergency drilling permit and	25075
submits to the chief of the division of oil and gas resources	25076
management an application for a permit that meets the requirements	25077
of section 1509.06 of the Revised Code, including the permit fee	25078
required by that section, with an amended map showing the new	25079
location;.	25080

(B) ~~A mineral~~An oil and gas resources inspector is present	25081
before spudding operations are commenced at the location;.	25082

(C) The original well is plugged prior to the skidding of the	25083
drilling rig to the new location, and the plugging is witnessed or	25084
verified by ~~a mineral~~an oil and gas resources inspector or, if	25085
the well is located in a coal bearing township, both a deputy mine	25086
inspector and ~~a mineral~~an oil and gas resources inspector unless	25087
the chief or the chief's authorized representative temporarily	25088
waives the requirement, but in any event the original well shall	25089
be plugged before the drilling rig is moved from the location;.	25090

(D) The new location is within fifty feet of the original	25091
location unless, upon request of the permit holder, the chief,	25092
with the approval of the chief of the division of mineral	25093
resources management if the well is located in a coal bearing	25094
township, agrees to a new location farther than fifty feet from	25095
the original location;.	25096

(E) The new location meets all the distance and spacing	25097
requirements prescribed by rules adopted under sections 1509.23	25098
and 1509.24 of the Revised Code;.	25099

(F) If the well is located in a coal bearing township, use of	25100
the new well location has not been disapproved by the chief of the	25101
division of mineral resources management and has not been	25102
prohibited as a term or condition of the permit under section	25103
1509.08 of the Revised Code.	25104

If the chief of the division of oil and gas resources	25105
management approves the change of location, the chief shall issue	25106
an emergency permit within two working days after the filing of	25107
the request for the emergency permit. If the chief disapproves the	25108
change of location, the chief shall, by order, deny the request	25109
and may issue an appropriate enforcement order under section	25110
1509.03 of the Revised Code.	25111

Sec. 1509.10. (A) Any person drilling within the state	25112
shall, within sixty days after the completion of drilling	25113
operations to the proposed total depth or after a determination	25114
that a well is a dry or lost hole, file with the division of	25115
~~mineral~~oil and gas resources management all wireline electric	25116
logs and an accurate well completion record on a form that is	25117
approved by the chief of the division of ~~mineral~~oil and gas	25118
resources management that designates:	25119

(1) The purpose for which the well was drilled;

25120

(2) The character, depth, and thickness of geological units	25121
encountered, including coal seams, mineral beds, associated fluids	25122
such as fresh water, brine, and crude oil, natural gas, and sour	25123
gas, if such seams, beds, fluids, or gases are known;	25124

(3) The dates on which drilling operations were commenced and	25125
completed;	25126

(4) The types of drilling tools used and the name of the	25127
person that drilled the well;	25128

(5) The length in feet of the various sizes of casing and	25129
tubing used in drilling the well, the amount removed after	25130
completion, the type and setting depth of each packer, all other	25131
data relating to cementing in the annular space behind such casing	25132
or tubing, and data indicating completion as a dry, gas, oil,	25133
combination oil and gas, brine injection, or artificial brine well	25134
or a stratigraphic test;	25135

(6) The number of perforations in the casing and the	25136
intervals of the perforations;	25137

(7) The elevation above mean sea level of the point from	25138
which the depth measurements were made, stating also the height of	25139
the point above ground level at the well, the total depth of the	25140
well, and the deepest geological unit that was penetrated in the	25141
drilling of the well;	25142

(8) If applicable, the type, volume, and concentration of	25143
acid, and the date on which acid was used in acidizing the well;	25144

(9) If applicable, the type and volume of fluid used to	25145
stimulate the reservoir of the well, the reservoir breakdown	25146
pressure, the method used for the containment of fluids recovered	25147
from the fracturing of the well, the methods used for the	25148
containment of fluids when pulled from the wellbore from swabbing	25149
the well, the average pumping rate of the well, and the name of	25150
the person that performed the well stimulation. In addition, the	25151
owner shall include a copy of the log from the stimulation of the	25152
well, a copy of the invoice for each of the procedures and methods	25153
described in division (A)(9) of this section that were used on a	25154
well, and a copy of the pumping pressure and rate graphs. However,	25155
the owner may redact from the copy of each invoice that is	25156
required to be included under division (A)(9) of this section the	25157
costs of and charges for the procedures and methods described in	25158
division (A)(9) of this section that were used on a well.	25159

(10) The name of the company that performed the logging of	25160
the well and the types of wireline electric logs performed on the	25161
well.	25162

The well completion record shall be submitted in duplicate.	25163
The first copy shall be retained as a permanent record in the	25164
files of the division, and the second copy shall be transmitted by	25165
the chief to the division of geological survey.	25166

(B)(1) Not later than sixty days after the completion of the	25167
drilling operations to the proposed total depth, the owner shall	25168
file all wireline electric logs with the division of ~~mineral~~oil	25169
and gas resources management and the chief shall transmit such	25170
logs electronically, if available, to the division of geological	25171
survey. Such logs may be retained by the owner for a period of not	25172
more than six months, or such additional time as may be granted by	25173
the chief in writing, after the completion of the well	25174
substantially to the depth shown in the application required by	25175
section 1509.06 of the Revised Code.	25176

(2) If a well is not completed within sixty days after the	25177
completion of drilling operations, the owner shall file with the	25178
division of oil and gas resources management a supplemental well	25179
completion record that includes all of the information required	25180
under this section within sixty days after the completion of the	25181
well.	25182

(C) Upon request in writing by the chief of the division of	25183
geological survey prior to the beginning of drilling of the well,	25184
the person drilling the well shall make available a complete set	25185
of cuttings accurately identified as to depth.	25186

(D) The form of the well completion record required by this	25187
section shall be one that has been approved by the chief of the	25188
division of ~~mineral~~oil and gas resources management and the chief	25189
of the division of geological survey. The filing of a log as	25190
required by this section fulfills the requirement of filing a log	25191
with the chief of the division of geological survey in section	25192
1505.04 of the Revised Code.	25193

(E) If there is a material listed on the invoice that is	25194
required by division (A)(9) of this section for which the division	25195
of ~~mineral~~oil and gas resources management does not have a	25196
material safety data sheet, the chief shall obtain a copy of the	25197
material safety data sheet for the material and post a copy of the	25198
material safety data sheet on the division's web site.	25199

Sec. 1509.11. The owner of any well producing or capable of	25200
producing oil or gas shall file with the chief of the division of	25201
~~mineral~~oil and gas resources management, on or before the	25202
thirty-first day of March, a statement of production of oil, gas,	25203
and brine for the last preceding calendar year in such form as the	25204
chief may prescribe. An owner that has more than one hundred wells	25205
in this state shall submit electronically the statement of	25206
production in a format that is approved by the chief. The chief	25207
shall include on the form, at the minimum, a request for the	25208
submittal of the information that a person who is regulated under	25209
this chapter is required to submit under the "Emergency Planning	25210
and Community Right-To-Know Act of 1986," 100 Stat. 1728, 42	25211
U.S.C.A. 11001, and regulations adopted under it, and that the	25212
division does not obtain through other reporting mechanisms.	25213

Sec. 1509.12. (A) No owner of any well shall construct a	25214
well, or permit defective casing in a well to leak fluids or	25215
gases, that causes damage to other permeable strata, underground	25216
sources of drinking water, or the surface of the land or that	25217
threatens the public health and safety or the environment. Upon	25218
the discovery that the casing in a well is defective or that a	25219
well was not adequately constructed, the owner of the well shall	25220
notify the chief of the division of ~~mineral~~oil and gas resources	25221
management within twenty-four hours of the discovery, and the	25222
owner shall immediately repair the casing, correct the	25223
construction inadequacies, or plug and abandon the well.	25224

(B) When the chief finds that a well should be plugged, the	25225
chief shall notify the owner to that effect by order in writing	25226
and shall specify in the order a reasonable time within which to	25227
comply. No owner shall fail or refuse to plug a well within the	25228
time specified in the order. Each day on which such a well remains	25229
unplugged thereafter constitutes a separate offense.	25230

Where the plugging method prescribed by rules adopted	25231
pursuant to section 1509.15 of the Revised Code cannot be applied	25232
or if applied would be ineffective in carrying out the protection	25233
that the law is meant to give, the chief may designate a different	25234
method of plugging. The abandonment report shall show the manner	25235
in which the well was plugged.	25236

(C) In case of oil or gas wells abandoned prior to September	25237
1, 1978, the board of county commissioners of the county in which	25238
the wells are located may submit to the electors of the county the	25239
question of establishing a special fund, by general levy, by	25240
general bond issue, or out of current funds, which shall be	25241
approved by a majority of the electors voting upon that question	25242
for the purpose of plugging the wells. The fund shall be	25243
administered by the board and the plugging of oil and gas wells	25244
shall be under the supervision of the chief, and the board shall	25245
let contracts for that purpose, provided that the fund shall not	25246
be used for the purpose of plugging oil and gas wells that were	25247
abandoned subsequent to September 1, 1978.	25248

Sec. 1509.13. (A) No person shall plug and abandon a well	25249
without having a permit to do so issued by the chief of the	25250
division of ~~mineral~~oil and gas resources management. The permit	25251
shall be issued by the chief in accordance with this chapter and	25252
shall be valid for a period of twenty-four months from the date of	25253
issue.	25254

(B) Application by the owner for a permit to plug and abandon	25255
shall be filed as many days in advance as will be necessary for a	25256
~~mineral~~an oil and gas resources inspector or, if the well is	25257
located in a coal bearing township, both a deputy mine inspector	25258
and ~~a mineral~~an oil and gas resources inspector to be present at	25259
the plugging. The application shall be filed with the chief upon a	25260
form that the chief prescribes and shall contain the following	25261
information:	25262

(1) The name and address of the owner;

25263

(2) The signature of the owner or the owner's authorized	25264
agent. When an authorized agent signs an application, it shall be	25265
accompanied by a certified copy of the appointment as that agent.	25266

(3) The location of the well identified by section or lot	25267
number, city, village, township, and county;	25268

(4) Designation of well by name and number;

25269

(5) The total depth of the well to be plugged;

25270

(6) The date and amount of last production from the well;

25271

(7) Other data that the chief may require.

25272

(C) If oil or gas has been produced from the well, the	25273
application shall be accompanied by a fee of two hundred fifty	25274
dollars. If a well has been drilled in accordance with law and the	25275
permit is still valid, the permit holder may receive approval to	25276
plug the well from ~~a mineral~~an oil and gas resources inspector so	25277
that the well can be plugged and abandoned without undue delay.	25278
Unless waived by ~~a mineral~~an oil and gas resources inspector,	25279
the owner of a well or the owner's authorized representative shall	25280
notify ~~a mineral~~an oil and gas resources inspector at least	25281
twenty-four hours prior to the commencement of the plugging of a	25282
well. No well shall be plugged and abandoned without ~~a mineral~~an	25283
oil and gas resources inspector present unless permission has been	25284
granted by the chief. The owner of a well that has produced oil or	25285
gas shall give written notice at the same time to the owner of the	25286
land upon which the well is located and to all lessors that	25287
receive gas from the well pursuant to a lease agreement. If the	25288
well penetrates or passes within one hundred feet of the	25289
excavations and workings of a mine, the owner of the well shall	25290
give written notice to the owner or lessee of that mine, of the	25291
well owner's intention to abandon the well and of the time when	25292
the well owner will be prepared to commence plugging it.	25293

(D) An applicant may file a request with the chief for	25294
expedited review of an application for a permit to plug and	25295
abandon a well. The chief may refuse to accept a request for	25296
expedited review if, in the chief's judgment, acceptance of the	25297
request will prevent the issuance, within twenty-one days of	25298
filing, of permits for which applications filed under section	25299
1509.06 of the Revised Code are pending. In addition to a complete	25300
application for a permit that meets the requirements of this	25301
section and the permit fee prescribed by this section, if	25302
applicable, a request shall be accompanied by a nonrefundable	25303
filing fee of five hundred dollars unless the chief has ordered	25304
the applicant to plug and abandon the well. When a request for	25305
expedited review is filed, the chief shall immediately begin to	25306
process the application and shall issue a permit within seven days	25307
of the filing of the request unless the chief, by order, denies	25308
the application.	25309

(E) This section does not apply to a well plugged or	25310
abandoned in compliance with section 1571.05 of the Revised Code.	25311

Sec. 1509.14. Any person who abandons a well, when written	25312
permission has been granted by the chief of the division of	25313
~~mineral~~oil and gas resources management to abandon and plug the	25314
well without an inspector being present to supervise the plugging,	25315
shall make a written report of the abandonment to the chief. The	25316
report shall be submitted not later than thirty days after the	25317
date of abandonment and shall include all of the following:	25318

(A) The date of abandonment;

25319

(B) The name of the owner or operator of the well at the time	25320
of abandonment and the post-office address of the owner or	25321
operator;	25322

(C) The location of the well as to township and county and	25323
the name of the owner of the surface upon which the well is	25324
drilled, with the address thereof;	25325

(D) The date of the permit to drill;

25326

(E) The date when drilled;

25327

(F) The depth of the well;

25328

(G) The depth of the top of the formation to which the well	25329
was drilled;	25330

(H) The depth of each seam of coal drilled through, if known;

25331

(I) A detailed report as to how the well was plugged, giving	25332
in particular the manner in which the coal and various formations	25333
were plugged, and the date of the plugging of the well, including	25334
the names of those who witnessed the plugging of the well.	25335

The report shall be signed by the owner or operator, or the	25336
agent of the owner or operator, who abandons and plugs the well	25337
and verified by the oath of the party so signing. For the purposes	25338
of this section, the ~~mineral~~oil and gas resources inspectors may	25339
take acknowledgments and administer oaths to the parties signing	25340
the report.	25341

Sec. 1509.15. When any well is to be abandoned, it shall	25342
first be plugged in accordance with a method of plugging adopted	25343
by rule by the chief of the division of ~~mineral~~oil and gas	25344
resources management. The abandonment report shall show the manner	25345
in which the well was plugged.	25346

Sec. 1509.17. (A) A well shall be constructed in a manner	25347
that is approved by the chief of the division of ~~mineral~~oil and	25348
gas resources management as specified in the permit using	25349
materials that comply with industry standards for the type and	25350
depth of the well and the anticipated fluid pressures that are	25351
associated with the well. In addition, a well shall be constructed	25352
using sufficient steel or conductor casing in a manner that	25353
supports unconsolidated sediments, that protects and isolates all	25354
underground sources of drinking water as defined by the Safe	25355
Drinking Water Act, and that provides a base for a blowout	25356
preventer or other well control equipment that is necessary to	25357
control formation pressures and fluids during the drilling of the	25358
well and other operations to complete the well. Using steel	25359
production casing with sufficient cement, an oil and gas reservoir	25360
shall be isolated during well stimulation and during the	25361
productive life of the well. In addition, sour gas zones and gas	25362
bearing zones that have sufficient pressure and volume to	25363
over-pressurize the surface production casing annulus resulting in	25364
annular overpressurization shall be isolated using approved	25365
cementing, casing, and well construction practices. However,	25366
isolating an oil and gas reservoir shall not exclude open-hole	25367
completion. A well shall not be perforated for purposes of well	25368
stimulation in any zone that is located around casing that	25369
protects underground sources of drinking water without written	25370
authorization from the chief in accordance with division (D) of	25371
this section. When the well penetrates the excavations of a mine,	25372
the casing shall remain intact as provided in section 1509.18 of	25373
the Revised Code and be plugged and abandoned in accordance with	25374
section 1509.15 of the Revised Code.	25375

(B) The chief may adopt rules in accordance with Chapter 119.	25376
of the Revised Code that are consistent with division (A) of this	25377
section and that establish standards for constructing a well, for	25378
evaluating the quality of well construction materials, and for	25379
completing remedial cementing. In addition, the standards	25380
established in the rules shall consider local geology and various	25381
drilling conditions and shall require the use of reasonable	25382
methods that are based on sound engineering principles.	25383

(C) An owner or an owner's authorized representative shall	25384
notify ~~a mineral~~an oil and gas resources inspector each time that	25385
the owner or the authorized representative notifies a person to	25386
perform the cementing of the conductor casing, the surface casing,	25387
or the production casing. In addition, not later than sixty days	25388
after the completion of the cementing of the production casing, an	25389
owner shall submit to the chief a copy of the cement tickets for	25390
each cemented string of casing and a copy of all logs that were	25391
used to evaluate the quality of the cementing.	25392

(D) The chief shall grant an exemption from this section and	25393
rules adopted under it for a well if the chief determines that a	25394
cement bond log confirms zonal isolation and there is a minimum of	25395
five hundred feet between the uppermost perforation of the casing	25396
and the lowest depth of an underground source of drinking water.	25397

Sec. 1509.181. (A) The chief of the division of mineral	25398
resources management may order the immediate suspension of the	25399
drilling or reopening of a well in a coal bearing township after	25400
determining that the drilling or reopening activities present an	25401
imminent and substantial threat to public health or safety or to a	25402
miner's health or safety.	25403

(B) Before issuing an order under division (A) of this	25404
section, the chief shall notify the chief of the division of oil	25405
and gas resources management and the owner in any manner that the	25406
chief of the division of mineral resources management determines	25407
would provide reasonable notification of the chief's intent to	25408
issue a suspension order. However, the chief may order the	25409
immediate suspension of the drilling or reopening of a well in a	25410
coal bearing township without prior notification to the owner if	25411
the chief has made reasonable attempts to notify the owner and the	25412
attempts have failed. If the chief orders the immediate suspension	25413
of such drilling or reopening, the chief shall provide the chief	25414
of the division of oil and gas resources management and the owner	25415
notice of the order as soon as practical.	25416

(C) Not later than five days after the issuance of an order	25417
under division (A) of this section to immediately suspend the	25418
drilling or reopening of a well in a coal bearing township, the	25419
chief of the division of mineral resources management shall	25420
provide the owner an opportunity to be heard and to present	25421
evidence that the drilling or reopening activities will not likely	25422
result in an imminent and substantial threat to public health or	25423
safety or to a miner's health or safety, as applicable. If the	25424
chief, after considering all evidence presented by the owner,	25425
determines that the activities do not present such a threat, the	25426
chief shall revoke the suspension order.	25427

(D) Notwithstanding any other provision of this chapter, an	25428
owner may appeal a suspension order issued under this section to	25429
the reclamation commission in accordance with section 1513.13 of	25430
the Revised Code.	25431

Sec. 1509.19. An owner who elects to stimulate a well shall	25432
stimulate the well in a manner that will not endanger underground	25433
sources of drinking water. Not later than twenty-four hours before	25434
commencing the stimulation of a well, the owner or the owner's	25435
authorized representative shall notify ~~a mineral~~an oil and gas	25436
resources inspector. If during the stimulation of a well damage to	25437
the production casing or cement occurs and results in the	25438
circulation of fluids from the annulus of the surface production	25439
casing, the owner shall immediately terminate the stimulation of	25440
the well and notify the chief of the division of ~~mineral~~oil and	25441
gas resources management. If the chief determines that the casing	25442
and the cement may be remediated in a manner that isolates the oil	25443
and gas bearing zones of the well, the chief may authorize the	25444
completion of the stimulation of the well. If the chief determines	25445
that the stimulation of a well resulted in irreparable damage to	25446
the well, the chief shall order that the well be plugged and	25447
abandoned within thirty days of the issuance of the order.	25448

For purposes of determining the integrity of the remediation	25449
of the casing or cement of a well that was damaged during the	25450
stimulation of the well, the chief may require the owner of the	25451
well to submit cement evaluation logs, temperature surveys,	25452
pressure tests, or a combination of such logs, surveys, and tests.	25453

Sec. 1509.21. No person shall, without first having obtained	25454
a permit from the chief of the division of ~~mineral~~oil and gas	25455
resources management, conduct secondary or additional recovery	25456
operations, including any underground injection of fluids or	25457
carbon dioxide for the secondary or tertiary recovery of oil or	25458
natural gas or for the storage of hydrocarbons that are liquid at	25459
standard temperature or pressure, unless a rule of the chief	25460
expressly authorizes such operations without a permit. The permit	25461
shall be in addition to any permit required by section 1509.05 of	25462
the Revised Code. Secondary or additional recovery operations	25463
shall be conducted in accordance with rules and orders of the	25464
chief and any terms or conditions of the permit authorizing such	25465
operations. In addition, the chief may authorize tests to evaluate	25466
whether fluids or carbon dioxide may be injected in a reservoir	25467
and to determine the maximum allowable injection pressure. The	25468
tests shall be conducted in accordance with methods prescribed in	25469
rules of the chief or conditions of the permit. Rules adopted	25470
under this section shall include provisions regarding applications	25471
for and the issuance of permits; the terms and conditions of	25472
permits; entry to conduct inspections and to examine records to	25473
ascertain compliance with this section and rules, orders, and	25474
terms and conditions of permits adopted or issued thereunder; the	25475
provision and maintenance of information through monitoring,	25476
recordkeeping, and reporting; and other provisions in furtherance	25477
of the goals of this section and the Safe Drinking Water Act. To	25478
implement the goals of the Safe Drinking Water Act, the chief	25479
shall not issue a permit for the underground injection of fluids	25480
for the secondary or tertiary recovery of oil or natural gas or	25481
for the storage of hydrocarbons that are liquid at standard	25482
temperature and pressure, unless the chief concludes that the	25483
applicant has demonstrated that the injection will not result in	25484
the presence of any contaminant in underground water that supplies	25485
or can be reasonably expected to supply any public water system,	25486
such that the presence of any such contaminant may result in the	25487
system's not complying with any national primary drinking water	25488
regulation or may otherwise adversely affect the health of	25489
persons. Rules, orders, and terms or conditions of permits adopted	25490
or issued under this section shall be construed to be no more	25491
stringent than required for compliance with the Safe Drinking	25492
Water Act, unless essential to ensure that underground sources of	25493
drinking water will not be endangered.	25494

Sec. 1509.22. (A) Except when acting in accordance with	25495
section 1509.226 of the Revised Code, no person shall place or	25496
cause to be placed brine, crude oil, natural gas, or other fluids	25497
associated with the exploration or development of oil and gas	25498
resources in surface or ground water or in or on the land in such	25499
quantities or in such manner as actually causes or could	25500
reasonably be anticipated to cause either of the following:	25501

(1) Water used for consumption by humans or domestic animals	25502
to exceed the standards of the Safe Drinking Water Act;	25503

(2) Damage or injury to public health or safety or the	25504
environment.	25505

(B) No person shall store or dispose of brine in violation of	25506
a plan approved under division (A) of section 1509.222 or section	25507
1509.226 of the Revised Code, in violation of a resolution	25508
submitted under section 1509.226 of the Revised Code, or in	25509
violation of rules or orders applicable to those plans or	25510
resolutions.	25511

(C) The chief of the division of ~~mineral~~oil and gas	25512
resources management shall adopt rules and issue orders regarding	25513
storage and disposal of brine and other waste substances; however,	25514
the storage and disposal of brine and other waste substances and	25515
the chief's rules relating to storage and disposal are subject to	25516
all of the following standards:	25517

(1) Brine from any well except an exempt Mississippian well	25518
shall be disposed of only by injection into an underground	25519
formation, including annular disposal if approved by rule of the	25520
chief, which injection shall be subject to division (D) of this	25521
section; by surface application in accordance with section	25522
1509.226 of the Revised Code; in association with a method of	25523
enhanced recovery as provided in section 1509.21 of the Revised	25524
Code; or by other methods approved by the chief for testing or	25525
implementing a new technology or method of disposal. Brine from	25526
exempt Mississippian wells shall not be discharged directly into	25527
the waters of the state.	25528

(2) Muds, cuttings, and other waste substances shall not be	25529
disposed of in violation of any rule.	25530

(3) Pits or steel tanks shall be used as authorized by the	25531
chief for containing brine and other waste substances resulting	25532
from, obtained from, or produced in connection with drilling, well	25533
stimulation, reworking, reconditioning, plugging back, or plugging	25534
operations. The pits and steel tanks shall be constructed and	25535
maintained to prevent the escape of brine and other waste	25536
substances.	25537

(4) A dike or pit may be used for spill prevention and	25538
control. A dike or pit so used shall be constructed and maintained	25539
to prevent the escape of brine and crude oil, and the reservoir	25540
within such a dike or pit shall be kept reasonably free of brine,	25541
crude oil, and other waste substances.	25542

(5) Earthen impoundments constructed pursuant to the	25543
division's specifications may be used for the temporary storage of	25544
fluids used in the stimulation of a well.	25545

(6) No pit, earthen impoundment, or dike shall be used for	25546
the temporary storage of brine or other substances except in	25547
accordance with divisions (C)(3) to (5) of this section.	25548

(7) No pit or dike shall be used for the ultimate disposal of	25549
brine or other liquid waste substances.	25550

(D) No person, without first having obtained a permit from	25551
the chief, shall inject brine or other waste substances resulting	25552
from, obtained from, or produced in connection with oil or gas	25553
drilling, exploration, or production into an underground formation	25554
unless a rule of the chief expressly authorizes the injection	25555
without a permit. The permit shall be in addition to any permit	25556
required by section 1509.05 of the Revised Code, and the permit	25557
application shall be accompanied by a permit fee of one thousand	25558
dollars. The chief shall adopt rules in accordance with Chapter	25559
119. of the Revised Code regarding the injection into wells of	25560
brine and other waste substances resulting from, obtained from, or	25561
produced in connection with oil or gas drilling, exploration, or	25562
production. The rules may authorize tests to evaluate whether	25563
fluids or carbon dioxide may be injected in a reservoir and to	25564
determine the maximum allowable injection pressure, which shall be	25565
conducted in accordance with methods prescribed in the rules or in	25566
accordance with conditions of the permit. In addition, the rules	25567
shall include provisions regarding applications for and issuance	25568
of the permits required by this division; entry to conduct	25569
inspections and to examine and copy records to ascertain	25570
compliance with this division and rules, orders, and terms and	25571
conditions of permits adopted or issued under it; the provision	25572
and maintenance of information through monitoring, recordkeeping,	25573
and reporting; and other provisions in furtherance of the goals of	25574
this section and the Safe Drinking Water Act. To implement the	25575
goals of the Safe Drinking Water Act, the chief shall not issue a	25576
permit for the injection of brine or other waste substances	25577
resulting from, obtained from, or produced in connection with oil	25578
or gas drilling, exploration, or production unless the chief	25579
concludes that the applicant has demonstrated that the injection	25580
will not result in the presence of any contaminant in ground water	25581
that supplies or can reasonably be expected to supply any public	25582
water system, such that the presence of the contaminant may result	25583
in the system's not complying with any national primary drinking	25584
water regulation or may otherwise adversely affect the health of	25585
persons. This division and rules, orders, and terms and conditions	25586
of permits adopted or issued under it shall be construed to be no	25587
more stringent than required for compliance with the Safe Drinking	25588
Water Act unless essential to ensure that underground sources of	25589
drinking water will not be endangered.	25590

(E) The owner holding a permit, or an assignee or transferee	25591
who has assumed the obligations and liabilities imposed by this	25592
chapter and any rules adopted or orders issued under it pursuant	25593
to section 1509.31 of the Revised Code, and the operator of a well	25594
shall be liable for a violation of this section or any rules	25595
adopted or orders or terms or conditions of a permit issued under	25596
it.	25597

(F) An owner shall replace the water supply of the holder of	25598
an interest in real property who obtains all or part of the	25599
holder's supply of water for domestic, agricultural, industrial,	25600
or other legitimate use from an underground or surface source	25601
where the supply has been substantially disrupted by	25602
contamination, diminution, or interruption proximately resulting	25603
from the owner's oil or gas operation, or the owner may elect to	25604
compensate the holder of the interest in real property for the	25605
difference between the fair market value of the interest before	25606
the damage occurred to the water supply and the fair market value	25607
after the damage occurred if the cost of replacing the water	25608
supply exceeds this difference in fair market values. However,	25609
during the pendency of any order issued under this division, the	25610
owner shall obtain for the holder or shall reimburse the holder	25611
for the reasonable cost of obtaining a water supply from the time	25612
of the contamination, diminution, or interruption by the operation	25613
until the owner has complied with an order of the chief for	25614
compliance with this division or such an order has been revoked or	25615
otherwise becomes not effective. If the owner elects to pay the	25616
difference in fair market values, but the owner and the holder	25617
have not agreed on the difference within thirty days after the	25618
chief issues an order for compliance with this division, within	25619
ten days after the expiration of that thirty-day period, the owner	25620
and the chief each shall appoint an appraiser to determine the	25621
difference in fair market values, except that the holder of the	25622
interest in real property may elect to appoint and compensate the	25623
holder's own appraiser, in which case the chief shall not appoint	25624
an appraiser. The two appraisers appointed shall appoint a third	25625
appraiser, and within thirty days after the appointment of the	25626
third appraiser, the three appraisers shall hold a hearing to	25627
determine the difference in fair market values. Within ten days	25628
after the hearing, the appraisers shall make their determination	25629
by majority vote and issue their final determination of the	25630
difference in fair market values. The chief shall accept a	25631
determination of the difference in fair market values made by	25632
agreement of the owner and holder or by appraisers under this	25633
division and shall make and dissolve orders accordingly. This	25634
division does not affect in any way the right of any person to	25635
enforce or protect, under applicable law, the person's interest in	25636
water resources affected by an oil or gas operation.	25637

(G) In any action brought by the state for a violation of	25638
division (A) of this section involving any well at which annular	25639
disposal is used, there shall be a rebuttable presumption	25640
available to the state that the annular disposal caused the	25641
violation if the well is located within a one-quarter-mile radius	25642
of the site of the violation.	25643

Sec. 1509.221. (A) No person, without first having obtained	25644
a permit from the chief of the division of ~~mineral~~oil and gas	25645
resources management, shall drill a well or inject a substance	25646
into a well for the exploration for or extraction of minerals or	25647
energy, other than oil or natural gas, including, but not limited	25648
to, the mining of sulfur by the Frasch process, the solution	25649
mining of minerals, the in situ combustion of fossil fuel, or the	25650
recovery of geothermal energy to produce electric power, unless a	25651
rule of the chief expressly authorizes the activity without a	25652
permit. The permit shall be in addition to any permit required by	25653
section 1509.05 of the Revised Code. The chief shall adopt rules	25654
in accordance with Chapter 119. of the Revised Code governing the	25655
issuance of permits under this section. The rules shall include	25656
provisions regarding the matters the applicant for a permit shall	25657
demonstrate to establish eligibility for a permit; the form and	25658
content of applications for permits; the terms and conditions of	25659
permits; entry to conduct inspections and to examine and copy	25660
records to ascertain compliance with this section and rules,	25661
orders, and terms and conditions of permits adopted or issued	25662
thereunder; provision and maintenance of information through	25663
monitoring, recordkeeping, and reporting; and other provisions in	25664
furtherance of the goals of this section and the Safe Drinking	25665
Water Act. To implement the goals of the Safe Drinking Water Act,	25666
the chief shall not issue a permit under this section, unless the	25667
chief concludes that the applicant has demonstrated that the	25668
drilling, injection of a substance, and extraction of minerals or	25669
energy will not result in the presence of any contaminant in	25670
underground water that supplies or can reasonably be expected to	25671
supply any public water system, such that the presence of the	25672
contaminant may result in the system's not complying with any	25673
national primary drinking water regulation or may otherwise	25674
adversely affect the health of persons. The chief may issue,	25675
without a prior adjudication hearing, orders requiring compliance	25676
with this section and rules, orders, and terms and conditions of	25677
permits adopted or issued thereunder. This section and rules,	25678
orders, and terms and conditions of permits adopted or issued	25679
thereunder shall be construed to be no more stringent than	25680
required for compliance with the Safe Drinking Water Act, unless	25681
essential to ensure that underground sources of drinking water	25682
will not be endangered.	25683

(B)(1) There is levied on the owner of an injection well who	25684
has been issued a permit under division (D) of section 1509.22 of	25685
the Revised Code the following fees:	25686

(a) Five cents per barrel of each substance that is delivered	25687
to a well to be injected in the well when the substance is	25688
produced within the division of ~~mineral~~oil and gas resources	25689
management regulatory district in which the well is located or	25690
within an adjoining ~~mineral~~oil and gas resources management	25691
regulatory district;	25692

(b) Twenty cents per barrel of each substance that is	25693
delivered to a well to be injected in the well when the substance	25694
is not produced within the division of ~~mineral~~oil and gas	25695
resources management regulatory district in which the well is	25696
located or within an adjoining ~~mineral~~oil and gas resources	25697
management regulatory district.	25698

(2) The maximum number of barrels of substance per injection	25699
well in a calendar year on which a fee may be levied under	25700
division (B) of this section is five hundred thousand. If in a	25701
calendar year the owner of an injection well receives more than	25702
five hundred thousand barrels of substance to be injected in the	25703
owner's well and if the owner receives at least one substance that	25704
is produced within the division's regulatory district in which the	25705
well is located or within an adjoining regulatory district and at	25706
least one substance that is not produced within the division's	25707
regulatory district in which the well is located or within an	25708
adjoining regulatory district, the fee shall be calculated first	25709
on all of the barrels of substance that are not produced within	25710
the division's regulatory district in which the well is located or	25711
within an adjoining district at the rate established in division	25712
(B)(2) of this section. The fee then shall be calculated on the	25713
barrels of substance that are produced within the division's	25714
regulatory district in which the well is located or within an	25715
adjoining district at the rate established in division (B)(1) of	25716
this section until the maximum number of barrels established in	25717
division (B)(2) of this section has been attained.	25718

(3) The owner of an injection well who is issued a permit	25719
under division (D) of section 1509.22 of the Revised Code shall	25720
collect the fee levied by division (B) of this section on behalf	25721
of the division of ~~mineral~~oil and gas resources management and	25722
forward the fee to the division. The chief shall transmit all	25723
money received under division (B) of this section to the treasurer	25724
of state who shall deposit the money in the state treasury to the	25725
credit of the oil and gas well fund created in section 1509.02 of	25726
the Revised Code. The owner of an injection well who collects the	25727
fee levied by this division may retain up to three per cent of the	25728
amount that is collected.	25729

(4) The chief shall adopt rules in accordance with Chapter	25730
119. of the Revised Code establishing requirements and procedures	25731
for collection of the fee levied by division (B) of this section.	25732

(C) In an action under section 1509.04 or 1509.33 of the	25733
Revised Code to enforce this section, the court shall grant	25734
preliminary and permanent injunctive relief and impose a civil	25735
penalty upon the showing that the person against whom the action	25736
is brought has violated, is violating, or will violate this	25737
section or rules, orders, or terms or conditions of permits	25738
adopted or issued thereunder. The court shall not require, prior	25739
to granting such preliminary and permanent injunctive relief or	25740
imposing a civil penalty, proof that the violation was, is, or	25741
will be the result of intentional conduct or negligence. In any	25742
such action, any person may intervene as a plaintiff upon the	25743
demonstration that the person has an interest that is or may be	25744
adversely affected by the activity for which injunctive relief or	25745
a civil penalty is sought.	25746

Sec. 1509.222. (A)(1) Except as provided in section 1509.226	25747
of the Revised Code, no person shall transport brine by vehicle in	25748
this state unless the business entity that employs the person	25749
first registers with and obtains a registration certificate and	25750
identification number from the chief of the division of ~~mineral~~	25751
oil and gas resources management.	25752

(2) No more than one registration certificate shall be	25753
required of any business entity. Registration certificates issued	25754
under this section are not transferable. An applicant shall file	25755
an application with the chief, containing such information in such	25756
form as the chief prescribes, but including a plan for disposal	25757
that provides for compliance with the requirements of this chapter	25758
and rules of the chief pertaining to the transportation of brine	25759
by vehicle and the disposal of brine so transported and that lists	25760
all disposal sites that the applicant intends to use, the bond	25761
required by section 1509.225 of the Revised Code, and a	25762
certificate issued by an insurance company authorized to do	25763
business in this state certifying that the applicant has in force	25764
a liability insurance policy in an amount not less than three	25765
hundred thousand dollars bodily injury coverage and three hundred	25766
thousand dollars property damage coverage to pay damages for	25767
injury to persons or property caused by the collecting, handling,	25768
transportation, or disposal of brine. The policy shall be	25769
maintained in effect during the term of the registration	25770
certificate. The policy or policies providing the coverage shall	25771
require the insurance company to give notice to the chief if the	25772
policy or policies lapse for any reason. Upon such termination of	25773
the policy, the chief may suspend the registration certificate	25774
until proper insurance coverage is obtained. Each application for	25775
a registration certificate shall be accompanied by a nonrefundable	25776
fee of five hundred dollars.	25777

(3) If a business entity that has been issued a registration	25778
certificate under this section changes its name due to a business	25779
reorganization or merger, the business entity shall revise the	25780
bond or certificates of deposit required by section 1509.225 of	25781
the Revised Code and obtain a new certificate from an insurance	25782
company in accordance with division (A)(2) of this section to	25783
reflect the change in the name of the business entity.	25784

(B) The chief shall issue an order denying an application for	25785
a registration certificate if the chief finds that either of the	25786
following applies:	25787

(1) The applicant, at the time of applying for the	25788
registration certificate, has been found liable by a final	25789
nonappealable order of a court of competent jurisdiction for	25790
damage to streets, roads, highways, bridges, culverts, or	25791
drainways pursuant to section 4513.34 or 5577.12 of the Revised	25792
Code until the applicant provides the chief with evidence of	25793
compliance with the order.	25794

(2) The applicant's plan for disposal does not provide for	25795
compliance with the requirements of this chapter and rules of the	25796
chief pertaining to the transportation of brine by vehicle and the	25797
disposal of brine so transported.	25798

(C) No applicant shall attempt to circumvent division (B) of	25799
this section by applying for a registration certificate under a	25800
different name or business organization name, by transferring	25801
responsibility to another person or entity, or by any similar act.	25802

(D) A registered transporter shall apply to revise a disposal	25803
plan under procedures that the chief shall prescribe by rule.	25804
However, at a minimum, an application for a revision shall list	25805
all sources and disposal sites of brine currently transported. The	25806
chief shall deny any application for a revision of a plan under	25807
this division if the chief finds that the proposed revised plan	25808
does not provide for compliance with the requirements of this	25809
chapter and rules of the chief pertaining to the transportation of	25810
brine by vehicle and the disposal of brine so transported.	25811
Approvals and denials of revisions shall be by order of the chief.	25812

(E) The chief may adopt rules, issue orders, and attach terms	25813
and conditions to registration certificates as may be necessary to	25814
administer, implement, and enforce sections 1509.222 to 1509.226	25815
of the Revised Code for protection of public health or safety or	25816
conservation of natural resources.	25817

Sec. 1509.223. (A) No permit holder or owner of a well shall	25818
enter into an agreement with or permit any person to transport	25819
brine produced from the well who is not registered pursuant to	25820
section 1509.222 of the Revised Code or exempt from registration	25821
under section 1509.226 of the Revised Code.	25822

(B) Each registered transporter shall file with the chief of	25823
the division of ~~mineral~~oil and gas resources management, on or	25824
before the fifteenth day of April, a statement concerning brine	25825
transported, including quantities transported and source and	25826
delivery points, during the last preceding calendar year, and such	25827
other information in such form as the chief may prescribe.	25828

(C) Each registered transporter shall keep on each vehicle	25829
used to transport brine a daily log and have it available upon the	25830
request of the chief or an authorized representative of the chief	25831
or a peace officer. The log shall, at a minimum, include all of	25832
the following information:	25833

(1) The name of the owner or owners of the well or wells	25834
producing the brine to be transported;	25835

(2) The date and time the brine is loaded;

25836

(3) The name of the driver;

25837

(4) The amount of brine loaded at each collection point;

25838

(5) The disposal location;

25839

(6) The date and time the brine is disposed of and the amount	25840
of brine disposed of at each location.	25841

No registered transporter shall falsify or fail to keep or	25842
submit the log required by this division.	25843

(D) Each registered transporter shall legibly identify with	25844
reflective paints all vehicles employed in transporting or	25845
disposing of brine. Letters shall be no less than four inches in	25846
height and shall indicate the identification number issued by the	25847
chief, the word "brine," and the name and telephone number of the	25848
transporter.	25849

(E) The chief shall maintain and keep a current list of	25850
persons registered to transport brine under section 1509.222 of	25851
the Revised Code. The list shall be open to public inspection. It	25852
is an affirmative defense to a charge under division (A) of this	25853
section that at the time the permit holder or owner of a well	25854
entered into an agreement with or permitted a person to transport	25855
brine, the person was shown on the list as currently registered to	25856
transport brine.	25857

Sec. 1509.224. (A) In addition to any other remedies	25858
provided in this chapter, if the chief of the division of ~~mineral~~	25859
oil and gas resources management has reason to believe that a	25860
pattern of the same or similar violations of any requirements of	25861
~~sections~~section 1509.22, 1509.222, or 1509.223 of the Revised	25862
Code, or any rule adopted thereunder or term or condition of the	25863
registration certificate issued thereunder exists or has existed,	25864
and the violations are caused by the transporter's indifference,	25865
lack of diligence, or lack of reasonable care, or are willfully	25866
caused by the transporter, the chief shall immediately issue an	25867
order to the transporter to show cause why the certificate should	25868
not be suspended or revoked. After the issuance of the order, the	25869
chief shall provide the transporter an opportunity to be heard and	25870
to present evidence at an informal hearing conducted by the chief.	25871
If, at the conclusion of the hearing, the chief finds that such a	25872
pattern of violations exists or has existed, the chief shall issue	25873
an order suspending or revoking the transporter's registration	25874
certificate. An order suspending or revoking a certificate under	25875
this section may be appealed under sections 1509.36 and 1509.37 of	25876
the Revised Code, or notwithstanding any other provision of this	25877
chapter, may be appealed directly to the court of common pleas of	25878
Franklin county.	25879

(B) Before issuing an order denying a registration	25880
certificate; approving or denying approval of an application for	25881
revision of a registered transporter's plan for disposal; or to	25882
implement, administer, or enforce section 1509.22, 1509.222,	25883
1509.223, 1509.225, or 1509.226 of the Revised Code and rules and	25884
terms and conditions of registration certificates adopted or	25885
issued thereunder pertaining to the transportation of brine by	25886
vehicle and the disposal of brine so transported, the chief shall	25887
issue a preliminary order indicating the chief's intent to issue a	25888
final order. The preliminary order shall clearly state the nature	25889
of the chief's proposed action and the findings on which it is	25890
based and shall state that the preliminary order becomes a final	25891
order thirty days after its issuance unless the person to whom the	25892
preliminary order is directed submits to the chief a written	25893
request for an informal hearing before the chief within that	25894
thirty-day period. At the hearing the person may present evidence	25895
as to why the preliminary order should be revoked or modified.	25896
Based upon the findings from the informal hearing, the chief shall	25897
revoke, issue, or modify and issue the preliminary order as a	25898
final order. A final order may be appealed under sections 1509.36	25899
and 1509.37 of the Revised Code.	25900

Sec. 1509.225. (A) Before being issued a registration	25901
certificate under section 1509.222 of the Revised Code, an	25902
applicant shall execute and file with the division of ~~mineral~~oil	25903
and gas resources management a surety bond for fifteen thousand	25904
dollars to provide compensation for damage and injury resulting	25905
from transporters' violations of sections 1509.22, 1509.222, and	25906
1509.223 of the Revised Code, all rules and orders of the chief of	25907
the division of ~~mineral resource~~oil and gas resources management	25908
relating thereto, and all terms and conditions of the registration	25909
certificate imposed thereunder. The applicant may deposit with the	25910
chief, in lieu of a surety bond, cash in an amount equal to the	25911
surety bond as prescribed in this section, or negotiable	25912
certificates of deposit issued by any bank organized or	25913
transacting business in this state, or certificates of deposit	25914
issued by any building and loan association as defined in section	25915
1151.01 of the Revised Code, having a cash value equal to or	25916
greater than the amount of the surety bond as prescribed in this	25917
section. Cash or certificates of deposit shall be deposited upon	25918
the same terms as those upon which surety bonds may be deposited.	25919
If certificates of deposit are deposited with the chief in lieu of	25920
a surety bond, the chief shall require the bank or building and	25921
loan association that issued any such certificate to pledge	25922
securities of a cash value equal to the amount of the certificate	25923
that is in excess of the amount insured by any of the agencies and	25924
instrumentalities created under the "Federal Deposit Insurance	25925
Act," 64 Stat. 873 (1950), 12 U.S.C. 1811, as amended, and	25926
regulations adopted under it, including at least the federal	25927
deposit insurance corporation, bank insurance fund, and savings	25928
association insurance fund.	25929

Such securities shall be security for the repayment of the	25930
certificate of deposit. Immediately upon a deposit of cash or	25931
certificates with the chief, the chief shall deliver it to the	25932
treasurer of state who shall hold it in trust for the purposes for	25933
which it has been deposited.	25934

(B) The surety bond provided for in this section shall be	25935
executed by a surety company authorized to do business in this	25936
state. The chief shall not approve any bond until it is personally	25937
signed and acknowledged by both principal and surety, or as to	25938
either by an attorney in fact, with a certified copy of the power	25939
of attorney attached thereto. The chief shall not approve the bond	25940
unless there is attached a certificate of the superintendent of	25941
insurance that the company is authorized to transact a fidelity	25942
and surety business in this state. All bonds shall be given in a	25943
form to be prescribed by the chief.	25944

(C) If a registered transporter is found liable for a	25945
violation of section 1509.22, 1509.222, or 1509.223 of the Revised	25946
Code or a rule, order, or term or condition of a certificate	25947
involving, in any case, damage or injury to persons or property,	25948
or both, the court may order the forfeiture of any portion of the	25949
bond, cash, or other securities required by this section in full	25950
or partial payment of damages to the person to whom the damages	25951
are due. The treasurer of state and the chief shall deliver the	25952
bond or any cash or other securities deposited in lieu of bond, as	25953
specified in the court's order, to the person to whom the damages	25954
are due; however, execution against the bond, cash, or other	25955
securities, if necessary, is the responsibility of the person to	25956
whom the damages are due. The chief shall not release the bond,	25957
cash, or securities required by this section except by court order	25958
or until the registration is terminated.	25959

Sec. 1509.226. (A) If a board of county commissioners, a	25960
board of township trustees, or the legislative authority of a	25961
municipal corporation wishes to permit the surface application of	25962
brine to roads, streets, highways, and other similar land surfaces	25963
it owns or has the right to control for control of dust or ice, it	25964
may adopt a resolution permitting such application as provided in	25965
this section. If a board or legislative authority does not adopt	25966
such a resolution, then no such surface application of brine is	25967
permitted on such roads, streets, highways, and other similar	25968
surfaces. If a board or legislative authority votes on a proposed	25969
resolution to permit such surface application of brine, but the	25970
resolution fails to receive the affirmative vote of a majority of	25971
the board or legislative authority, the board or legislative	25972
authority shall not adopt such a resolution for one year following	25973
the date on which the vote was taken. A board or legislative	25974
authority shall hold at least one public hearing on any proposal	25975
to permit surface application of brine under this division and may	25976
hold additional hearings. The board or legislative authority shall	25977
publish notice of the time and place of each such public hearing	25978
in a newspaper of general circulation in the political subdivision	25979
at least five days before the day on which the hearing is to be	25980
held.	25981

(B) If a board or legislative authority adopts a resolution	25982
permitting the surface application of brine to roads, streets,	25983
highways, and other similar land surfaces under division (A) of	25984
this section, the board or legislative authority shall, within	25985
thirty days after the adoption of the resolution, prepare and	25986
submit to the chief of the division of ~~mineral~~oil and gas	25987
resources management a copy of the resolution. Any department,	25988
agency, or instrumentality of this state or the United States that	25989
wishes to permit the surface application of brine to roads,	25990
streets, highways, and other similar land surfaces it owns or has	25991
a right to control shall prepare and submit guidelines for such	25992
application, but need not adopt a resolution under division (A) of	25993
this section permitting such surface application.	25994

All resolutions and guidelines shall be subject to the	25995
following standards:	25996

(1) Brine shall not be applied:

25997

(a) To a water-saturated surface;

25998

(b) Directly to vegetation near or adjacent to surfaces being	25999
treated;	26000

(c) Within twelve feet of structures crossing bodies of water	26001
or crossing drainage ditches;	26002

(d) Between sundown and sunrise, except for ice control.

26003

(2) The discharge of brine through the spreader bar shall	26004
stop when the application stops.	26005

(3) The applicator vehicle shall be moving at least five	26006
miles per hour at all times while the brine is being applied.	26007

(4) The maximum spreader bar nozzle opening shall be	26008
three-quarters of an inch in diameter.	26009

(5) The maximum uniform application rate of brine shall be	26010
three thousand gallons per mile on a twelve-foot-wide road or	26011
three gallons per sixty square feet on unpaved lots.	26012

(6) The applicator vehicle discharge valve shall be closed	26013
between the brine collection point and the specific surfaces that	26014
have been approved for brine application.	26015

(7) Any valves that provide for tank draining other than	26016
through the spreader bar shall be closed during the brine	26017
application and transport.	26018

(8) The angle of discharge from the applicator vehicle	26019
spreader bar shall not be greater than sixty degrees from the	26020
perpendicular to the unpaved surface.	26021

(9) Only the last twenty-five per cent of an applicator	26022
vehicle's contents shall be allowed to have a pressure greater	26023
than atmospheric pressure; therefore, the first seventy-five per	26024
cent of the applicator vehicle's contents shall be discharged	26025
under atmospheric pressure.	26026

(10) Only brine that is produced from a well shall be allowed	26027
to be spread on a road. Fluids from the drilling of a well,	26028
flowback from the stimulation of a well, and other fluids used to	26029
treat a well shall not be spread on a road.	26030

If a resolution or guidelines contain only the standards	26031
listed in ~~division~~divisions (B)(1) to (10) of this section,	26032
without addition or qualification, the resolution or guidelines	26033
shall be deemed effective when submitted to the chief without	26034
further action by the chief. All other resolutions and guidelines	26035
shall comply with and be no less stringent than this chapter,	26036
rules concerning surface application that the chief shall adopt	26037
under division (C) of section 1509.22 of the Revised Code, and	26038
other rules of the chief. Within fifteen days after receiving such	26039
other resolutions and guidelines, the chief shall review them for	26040
compliance with the law and rules and disapprove them if they do	26041
not comply.	26042

The board, legislative authority, or department, agency, or	26043
instrumentality may revise and resubmit any resolutions or	26044
guidelines that the chief disapproves after each disapproval, and	26045
the chief shall again review and approve or disapprove them within	26046
fifteen days after receiving them. The board, legislative	26047
authority, or department, agency, or instrumentality may amend any	26048
resolutions or guidelines previously approved by the chief and	26049
submit them, as amended, to the chief. The chief shall receive,	26050
review, and approve or disapprove the amended resolutions or	26051
guidelines on the same basis and in the same time as original	26052
resolutions or guidelines. The board, legislative authority, or	26053
department, agency, or instrumentality shall not implement amended	26054
resolutions or guidelines until they are approved by the chief	26055
under this division.	26056

(C) Any person, other than a political subdivision required	26057
to adopt a resolution under division (A) of this section or a	26058
department, agency, or instrumentality of this state or the United	26059
States, who owns or has a legal right or obligation to maintain a	26060
road, street, highway, or other similar land surface may file with	26061
the board of county commissioners a written plan for the	26062
application of brine to the road, street, highway, or other	26063
surface. The board need not approve any such plans, but if it	26064
approves a plan, the plan shall comply with this chapter, rules	26065
adopted thereunder, and the board's resolutions, if any.	26066
Disapproved plans may be revised and resubmitted for the board's	26067
approval. Approved plans may also be revised and submitted to the	26068
board. A plan or revised plan shall do all of the following:	26069

(1) Identify the sources of brine to be used under the plan;

26070

(2) Identify by name, address, and registration certificate,	26071
if applicable, any transporters of the brine;	26072

(3) Specifically identify the places to which the brine will	26073
be applied;	26074

(4) Specifically describe the method, rate, and frequency of	26075
application.	26076

(D) The board may attach terms and conditions to approval of	26077
a plan, or revised plan, and may revoke approval for any violation	26078
of this chapter, rules adopted thereunder, resolutions adopted by	26079
the board, or terms or conditions attached by the board. The board	26080
shall conduct at least one public hearing before approving a plan	26081
or revised plan, publishing notice of the time and place of each	26082
such public hearing in a newspaper of general circulation in the	26083
county at least five days before the day on which the hearing is	26084
to be held. The board shall record the filings of all plans and	26085
revised plans in its journal. The board shall approve, disapprove,	26086
or revoke approval of a plan or revised plan by the adoption of a	26087
resolution. Upon approval of a plan or revised plan, the board	26088
shall send a copy of the plan to the chief. Upon revoking approval	26089
of a plan or revised plan, the board shall notify the chief of the	26090
revocation.	26091

(E) No person shall:

26092

(1) Apply brine to a water-saturated surface;

26093

(2) Apply brine directly to vegetation adjacent to the	26094
surface of roads, streets, highways, and other surfaces to which	26095
brine may be applied.	26096

(F) Each political subdivision that adopts a resolution under	26097
divisions (A) and (B) of this section, each department, agency, or	26098
instrumentality of this state or the United States that submits	26099
guidelines under division (B) of this section, and each person who	26100
files a plan under divisions (C) and (D) of this section shall, on	26101
or before the fifteenth day of April of each year, file a report	26102
with the chief concerning brine applied within the person's or	26103
governmental entity's jurisdiction, including the quantities	26104
transported and the sources and application points during the last	26105
preceding calendar year and such other information in such form as	26106
the chief requires.	26107

(G) Any political subdivision or department, agency, or	26108
instrumentality of this state or the United States that applies	26109
brine under this section may do so with its own personnel,	26110
vehicles, and equipment without registration under or compliance	26111
with section 1509.222 or 1509.223 of the Revised Code and without	26112
the necessity for filing the surety bond or other security	26113
required by section 1509.225 of the Revised Code. However, each	26114
such entity shall legibly identify vehicles used to apply brine	26115
with reflective paint in letters no less than four inches in	26116
height, indicating the word "brine" and that the vehicle is a	26117
vehicle of the political subdivision, department, agency, or	26118
instrumentality. Except as stated in this division, such entities	26119
shall transport brine in accordance with sections 1509.22 to	26120
1509.226 of the Revised Code.	26121

(H) A surface application plan filed for approval under	26122
division (C) of this section shall be accompanied by a	26123
nonrefundable fee of fifty dollars, which shall be credited to the	26124
general fund of the county. An approved plan is valid for one year	26125
from the date of its approval unless it is revoked before that	26126
time. An approved revised plan is valid for the remainder of the	26127
term of the plan it supersedes unless it is revoked before that	26128
time. Any person who has filed such a plan or revised plan and had	26129
it approved may renew it by refiling it in accordance with	26130
divisions (C) and (D) of this section within thirty days before	26131
any anniversary of the date on which the original plan was	26132
approved. The board shall notify the chief of renewals and	26133
nonrenewals of plans. Even if a renewed plan is approved under	26134
those divisions, the plan is not effective until notice is	26135
received by the chief, and until notice is received, the chief	26136
shall enforce this chapter and rules adopted thereunder with	26137
regard to the affected roads, streets, highways, and other similar	26138
land surfaces as if the plan had not been renewed.	26139

(I) A resolution adopted under division (A) of this section	26140
by a board or legislative authority shall be effective for one	26141
year following the date of its adoption and from month to month	26142
thereafter until the board or legislative authority, by	26143
resolution, terminates the authority granted in the original	26144
resolution. The termination shall be effective not less than seven	26145
days after enactment of the resolution, and a copy of the	26146
resolution shall be sent to the chief.	26147

Sec. 1509.23. (A) Rules of the chief of the division of	26148
~~mineral~~oil and gas resources management may specify practices to	26149
be followed in the drilling and treatment of wells, production of	26150
oil and gas, and plugging of wells for protection of public health	26151
or safety or to prevent damage to natural resources, including	26152
specification of the following:	26153

(1) Appropriate devices;

26154

(2) Minimum distances that wells and other excavations,	26155
structures, and equipment shall be located from water wells,	26156
streets, roads, highways, rivers, lakes, streams, ponds, other	26157
bodies of water, railroad tracks, public or private recreational	26158
areas, zoning districts, and buildings or other structures. Rules	26159
adopted under division (A)(2) of this section shall not conflict	26160
with section 1509.021 of the Revised Code.	26161

(3) Other methods of operation;

26162

(4) Procedures, methods, and equipment and other requirements	26163
for equipment to prevent and contain discharges of oil and brine	26164
from oil production facilities and oil drilling and workover	26165
facilities consistent with and equivalent in scope, content, and	26166
coverage to section 311(j)(1)(c) of the "Federal Water Pollution	26167
Control Act Amendments of 1972," 86 Stat. 886, 33 U.S.C.A. 1251,	26168
as amended, and regulations adopted under it. In addition, the	26169
rules may specify procedures, methods, and equipment and other	26170
requirements for equipment to prevent and contain surface and	26171
subsurface discharges of fluids, condensates, and gases.	26172

(5) Notifications.

26173

(B) The chief, in consultation with the emergency response	26174
commission created in section 3750.02 of the Revised Code, shall	26175
adopt rules in accordance with Chapter 119. of the Revised Code	26176
that specify the information that shall be included in an	26177
electronic database that the chief shall create and host. The	26178
information shall be that which the chief considers to be	26179
appropriate for the purpose of responding to emergency situations	26180
that pose a threat to public health or safety or the environment.	26181
At the minimum, the information shall include that which a person	26182
who is regulated under this chapter is required to submit under	26183
the "Emergency Planning and Community Right-To-Know Act of 1986,"	26184
100 Stat. 1728, 42 U.S.C.A. 11001, and regulations adopted under	26185
it.	26186

In addition, the rules shall specify whether and to what	26187
extent the database and the information that it contains will be	26188
made accessible to the public. The rules shall ensure that the	26189
database will be made available via the internet or a system of	26190
computer disks to the emergency response commission and to every	26191
local emergency planning committee and fire department in this	26192
state.	26193

Sec. 1509.24. (A) The chief of the division of ~~mineral~~oil	26194
and gas resources management, with the approval of the technical	26195
advisory council on oil and gas created in section 1509.38 of the	26196
Revised Code, may adopt, amend, or rescind rules relative to	26197
minimum acreage requirements for drilling units and minimum	26198
distances from which a new well may be drilled or an existing well	26199
deepened, plugged back, or reopened to a source of supply	26200
different from the existing pool from boundaries of tracts,	26201
drilling units, and other wells for the purpose of conserving oil	26202
and gas reserves. The rules relative to minimum acreage	26203
requirements for drilling units shall require a drilling unit to	26204
be compact and composed of contiguous land.	26205

(B) Rules adopted under this section and special orders made	26206
under section 1509.25 of the Revised Code shall apply only to new	26207
wells to be drilled or existing wells to be deepened, plugged	26208
back, or reopened to a source of supply different from the	26209
existing pool for the purpose of extracting oil or gas in their	26210
natural state.	26211

Sec. 1509.25. The chief of the division of ~~mineral~~oil and	26212
gas resources management, upon the chief's own motion or upon	26213
application of an owner, may hold a hearing to consider the need	26214
or desirability of adopting a special order for drilling unit	26215
requirements in a particular pool different from those established	26216
under section 1509.24 of the Revised Code. The chief shall notify	26217
every owner of land within the area proposed to be included within	26218
the order, of the date, time, and place of the hearing and the	26219
nature of the order being considered at least thirty days prior to	26220
the date of the hearing. Each application for such an order shall	26221
be accompanied by such information as the chief may request. If	26222
the chief finds that the pool can be defined with reasonable	26223
certainty, that the pool is in the initial state of development,	26224
and that the establishment of such different requirements for	26225
drilling a well on a tract or drilling unit in ~~such~~the pool is	26226
reasonably necessary to protect correlative rights or to provide	26227
effective development, use, or conservation of oil and gas, the	26228
chief, with the written approval of the technical advisory council	26229
on oil and gas created in section 1509.38 of the Revised Code,	26230
shall make a special order designating the area covered by the	26231
order, and specifying the acreage requirements for drilling a well	26232
on a tract or drilling unit in ~~such~~the area, which acreage	26233
requirements shall be uniform for the entire pool. The order shall	26234
specify minimum distances from the boundary of the tract or	26235
drilling unit for the drilling of wells and minimum distances from	26236
other wells and allow exceptions for wells drilled or drilling in	26237
a particular pool at the time of the filing of the application.	26238
The chief may exempt the discovery well from minimum acreage and	26239
distance requirements in the order. After the date of the notice	26240
for a hearing called to make ~~such~~the order, no additional well	26241
shall be commenced in the pool for a period of sixty days or until	26242
an order has been made pursuant to the application, whichever is	26243
earlier. The chief, upon the chief's own motion or upon	26244
application of an owner, after a hearing and with the approval of	26245
the technical advisory council on oil and gas, may include	26246
additional lands determined to be underlaid by a particular pool	26247
or to exclude lands determined not to be underlaid by a particular	26248
pool, and may modify the spacing and acreage requirements of the	26249
order.	26250

Nothing in this section permits the chief to establish	26251
drilling units in a pool by requiring the use of a survey grid	26252
coordinate system with fixed or established unit boundaries.	26253

Sec. 1509.26. The owners of adjoining tracts may agree to	26254
pool ~~such~~the tracts to form a drilling unit that conforms to the	26255
minimum acreage and distance requirements of the division of	26256
~~mineral~~oil and gas resources management under section 1509.24 or	26257
1509.25 of the Revised Code. ~~Such~~The agreement shall be in	26258
writing, a copy of which shall be submitted to the division with	26259
the application for a permit required by section 1509.05 of the	26260
Revised Code. Parties to the agreement shall designate one of	26261
their number as the applicant for ~~such~~the permit.	26262

Sec. 1509.27. If a tract of land is of insufficient size or	26263
shape to meet the requirements for drilling a well thereon as	26264
provided in section 1509.24 or 1509.25 of the Revised Code,	26265
whichever is applicable, and the owner of the tract who also is	26266
the owner of the mineral interest has been unable to form a	26267
drilling unit under agreement as provided in section 1509.26 of	26268
the Revised Code, on a just and equitable basis, such an owner may	26269
make application to the division of ~~mineral~~oil and gas resources	26270
management for a mandatory pooling order.	26271

The application shall include information as shall be	26272
reasonably required by the chief of the division of ~~mineral~~oil	26273
and gas resources management and shall be accompanied by an	26274
application for a permit as required by section 1509.05 of the	26275
Revised Code. The chief shall notify all owners of land within the	26276
area proposed to be included within the drilling unit of the	26277
filing of the application and of their right to a hearing. After	26278
the hearing or after the expiration of thirty days from the date	26279
notice of application was mailed to such owners, the chief, if	26280
satisfied that the application is proper in form and that	26281
mandatory pooling is necessary to protect correlative rights and	26282
to provide effective development, use, and conservation of oil and	26283
gas, shall issue a drilling permit and a mandatory pooling order	26284
complying with the requirements for drilling a well as provided in	26285
section 1509.24 or 1509.25 of the Revised Code, whichever is	26286
applicable. The mandatory pooling order shall:	26287

(A) Designate the boundaries of the drilling unit within	26288
which the well shall be drilled;	26289

(B) Designate the proposed production site;

26290

(C) Describe each separately owned tract or part thereof	26291
pooled by the order;	26292

(D) Allocate on a surface acreage basis a pro rata portion of	26293
the production to the owner of each tract pooled by the order. The	26294
pro rata portion shall be in the same proportion that the	26295
percentage of the owner's acreage is to the state minimum acreage	26296
requirements established in rules adopted under this chapter for a	26297
drilling unit unless the applicant demonstrates to the chief using	26298
geological evidence that the geologic structure containing the oil	26299
or gas is larger than the minimum acreage requirement in which	26300
case the pro rata portion shall be in the same proportion that the	26301
percentage of the owner's acreage is to the geologic structure.	26302

(E) Specify the basis upon which each owner of a tract pooled	26303
by the order shall share all reasonable costs and expenses of	26304
drilling and producing if the owner elects to participate in the	26305
drilling and operation of the well;	26306

(F) Designate the person to whom the permit shall be issued.

26307

A person shall not submit more than five applications for	26308
mandatory pooling orders per year under this section unless	26309
otherwise approved by the chief.	26310

No surface operations or disturbances to the surface of the	26311
land shall occur on a tract pooled by an order without the written	26312
consent of or a written agreement with the owner of the tract that	26313
approves the operations or disturbances.	26314

If an owner of a tract pooled by the order does not elect to	26315
participate in the risk and cost of the drilling and operation of	26316
a well, the owner shall be designated as a nonparticipating owner	26317
in the drilling and operation of the well on a limited or carried	26318
basis and is subject to terms and conditions determined by the	26319
chief to be just and reasonable. In addition, if an owner is	26320
designated as a nonparticipating owner, the owner is not liable	26321
for actions or conditions associated with the drilling or	26322
operation of the well. If the applicant bears the costs of	26323
drilling, equipping, and operating a well for the benefit of a	26324
nonparticipating owner, as provided for in the pooling order, then	26325
the applicant shall be entitled to the share of production from	26326
the drilling unit accruing to the interest of that	26327
nonparticipating owner, exclusive of the nonparticipating owner's	26328
proportionate share of the royalty interest until there has been	26329
received the share of costs charged to that nonparticipating owner	26330
plus such additional percentage of the share of costs as the chief	26331
shall determine. The total amount receivable hereunder shall in no	26332
event exceed two hundred per cent of the share of costs charged to	26333
that nonparticipating owner. After receipt of that share of costs	26334
by such an applicant, a nonparticipating owner shall receive a	26335
proportionate share of the working interest in the well in	26336
addition to a proportionate share of the royalty interest, if any.	26337

If there is a dispute as to costs of drilling, equipping, or	26338
operating a well, the chief shall determine those costs.	26339

Sec. 1509.28. (A) The chief of the division of ~~mineral~~oil	26340
and gas resources management, upon the chief's own motion or upon	26341
application by the owners of sixty-five per cent of the land area	26342
overlying the pool, shall hold a hearing to consider the need for	26343
the operation as a unit of an entire pool or part thereof. An	26344
application by owners shall be accompanied by such information as	26345
the chief may request.	26346

The chief shall make an order providing for the unit	26347
operation of a pool or part thereof if the chief finds that such	26348
operation is reasonably necessary to increase substantially the	26349
ultimate recovery of oil and gas, and the value of the estimated	26350
additional recovery of oil or gas exceeds the estimated additional	26351
cost incident to conducting ~~such~~the operation. The order shall be	26352
upon terms and conditions that are just and reasonable and shall	26353
prescribe a plan for unit operations that shall include:	26354

(1) A description of the unitized area, termed the unit area;

26355

(2) A statement of the nature of the operations contemplated;

26356

(3) An allocation to the separately owned tracts in the unit	26357
area of all the oil and gas that is produced from the unit area	26358
and is saved, being the production that is not used in the conduct	26359
of operations on the unit area or not unavoidably lost. The	26360
allocation shall be in accord with the agreement, if any, of the	26361
interested parties. If there is no such agreement, the chief shall	26362
determine the value, from the evidence introduced at the hearing,	26363
of each separately owned tract in the unit area, exclusive of	26364
physical equipment, for development of oil and gas by unit	26365
operations, and the production allocated to each tract shall be	26366
the proportion that the value of each tract so determined bears to	26367
the value of all tracts in the unit area.	26368

(4) A provision for the credits and charges to be made in the	26369
adjustment among the owners in the unit area for their respective	26370
investments in wells, tanks, pumps, machinery, materials, and	26371
equipment contributed to the unit operations;	26372

(5) A provision providing how the expenses of unit	26373
operations, including capital investment, shall be determined and	26374
charged to the separately owned tracts and how the expenses shall	26375
be paid;	26376

(6) A provision, if necessary, for carrying or otherwise	26377
financing any person who is unable to meet the person's financial	26378
obligations in connection with the unit, allowing a reasonable	26379
interest charge for such service;	26380

(7) A provision for the supervision and conduct of the unit	26381
operations, in respect to which each person shall have a vote with	26382
a value corresponding to the percentage of the expenses of unit	26383
operations chargeable against the interest of ~~such~~that person;	26384

(8) The time when the unit operations shall commence, and the	26385
manner in which, and the circumstances under which, the unit	26386
operations shall terminate;	26387

(9) Such additional provisions as are found to be appropriate	26388
for carrying on the unit operations, and for the protection or	26389
adjustment of correlative rights.	26390

(B) No order of the chief providing for unit operations shall	26391
become effective unless and until the plan for unit operations	26392
prescribed by the chief has been approved in writing by those	26393
owners who, under the chief's order, will be required to pay at	26394
least sixty-five per cent of the costs of the unit operation, and	26395
also by the royalty or, with respect to unleased acreage, fee	26396
owners of sixty-five per cent of the acreage to be included in the	26397
unit. If the plan for unit operations has not been so approved by	26398
owners and royalty owners at the time the order providing for unit	26399
operations is made, the chief shall upon application and notice	26400
hold such supplemental hearings as may be required to determine if	26401
and when the plan for unit operations has been so approved. If the	26402
owners and royalty owners, or either, owning the required	26403
percentage of interest in the unit area do not approve the plan	26404
for unit operations within a period of six months from the date on	26405
which the order providing for unit operations is made, ~~such~~the	26406
order shall cease to be of force and shall be revoked by the	26407
chief.	26408

An order providing for unit operations may be amended by an	26409
order made by the chief, in the same manner and subject to the	26410
same conditions as an original order providing for unit	26411
operations, provided that:	26412

(1) If such an amendment affects only the rights and	26413
interests of the owners, the approval of the amendment by the	26414
royalty owners shall not be required.	26415

(2) No such order of amendment shall change the percentage	26416
for allocation of oil and gas as established for any separately	26417
owned tract by the original order, except with the consent of all	26418
persons owning interest in ~~such~~the tract.	26419

The chief, by an order, may provide for the unit operation of	26420
a pool or a part thereof that embraces a unit area established by	26421
a previous order of the chief. Such an order, in providing for the	26422
allocation of unit production, shall first treat the unit area	26423
previously established as a single tract, and the portion of the	26424
unit production so allocated thereto shall then be allocated among	26425
the separately owned tracts included in ~~such~~the previously	26426
established unit area in the same proportions as those specified	26427
in the previous order.	26428

Oil and gas allocated to a separately owned tract shall be	26429
deemed, for all purposes, to have been actually produced from ~~such~~	26430
the tract, and all operations, including, but not limited to, the	26431
commencement, drilling, operation of, or production from a well	26432
upon any portion of the unit area shall be deemed for all purposes	26433
the conduct of such operations and production from any lease or	26434
contract for lands any portion of which is included in the unit	26435
area. The operations conducted pursuant to the order of the chief	26436
shall constitute a fulfillment of all the express or implied	26437
obligations of each lease or contract covering lands in the unit	26438
area to the extent that compliance with such obligations cannot be	26439
had because of the order of the chief.	26440

Oil and gas allocated to any tract, and the proceeds from the	26441
sale thereof, shall be the property and income of the several	26442
persons to whom, or to whose credit, the same are allocated or	26443
payable under the order providing for unit operations.	26444

No order of the chief or other contract relating to the sale	26445
or purchase of production from a separately owned tract shall be	26446
terminated by the order providing for unit operations, but shall	26447
remain in force and apply to oil and gas allocated to ~~such~~the	26448
tract until terminated in accordance with the provisions thereof.	26449

Except to the extent that the parties affected so agree, no	26450
order providing for unit operations shall be construed to result	26451
in a transfer of all or any part of the title of any person to the	26452
oil and gas rights in any tract in the unit area. All property,	26453
whether real or personal, that may be acquired for the account of	26454
the owners within the unit area shall be the property of such	26455
owners in the proportion that the expenses of unit operations are	26456
charged.	26457

Sec. 1509.29. Upon application by an owner of a tract for	26458
which a drilling permit may not be issued, and a showing by the	26459
owner that the owner is unable to enter a voluntary pooling	26460
agreement and that the owner would be unable to participate under	26461
a mandatory pooling order, the chief of the division of ~~mineral~~	26462
oil and gas resources management shall issue a permit and order	26463
establishing the tract as an exception tract if the chief finds	26464
that ~~such~~the owner would otherwise be precluded from producing	26465
oil or gas from the owner's tract because of minimum acreage or	26466
distance requirements. The order shall set a percentage of the	26467
maximum daily potential production at which the well may be	26468
produced. The percentage shall be the same as the percentage that	26469
the number of acres in the tract bears to the number of acres in	26470
the minimum acreage requirement that has been established under	26471
section 1509.24 or 1509.25 of the Revised Code, whichever is	26472
applicable, but if the well drilled on ~~such~~the tract is located	26473
nearer to the boundary of the tract than the required minimum	26474
distance, the percentage may not exceed the percentage determined	26475
by dividing the distance from the well to the boundary by the	26476
minimum distance requirement. Within ten days after completion of	26477
the well, the maximum daily potential production of the well shall	26478
be determined by such drill stem, open flow, or other tests as may	26479
be required by the chief. The chief shall require such tests, at	26480
least once every three months, as are necessary to determine the	26481
maximum daily potential production at that time.	26482

Sec. 1509.31. (A) Whenever the entire interest of an oil and	26483
gas lease is assigned or otherwise transferred, the assignor or	26484
transferor shall notify the holders of the royalty interests, and,	26485
if a well or wells exist on the lease, the division of ~~mineral~~oil	26486
and gas resources management, of the name and address of the	26487
assignee or transferee by certified mail, return receipt	26488
requested, not later than thirty days after the date of the	26489
assignment or transfer. When notice of any such assignment or	26490
transfer is required to be provided to the division, it shall be	26491
provided on a form prescribed and provided by the division and	26492
verified by both the assignor or transferor and by the assignee or	26493
transferee and shall be accompanied by a nonrefundable fee of one	26494
hundred dollars for each well. The notice form applicable to	26495
assignments or transfers of a well to the owner of the surface	26496
estate of the tract on which the well is located shall contain a	26497
statement informing the landowner that the well may require	26498
periodic servicing to maintain its productivity; that, upon	26499
assignment or transfer of the well to the landowner, the landowner	26500
becomes responsible for compliance with the requirements of this	26501
chapter and rules adopted under it, including, without limitation,	26502
the proper disposal of brine obtained from the well, the plugging	26503
of the well when it becomes incapable of producing oil or gas, and	26504
the restoration of the well site; and that, upon assignment or	26505
transfer of the well to the landowner, the landowner becomes	26506
responsible for the costs of compliance with the requirements of	26507
this chapter and rules adopted under it and the costs for	26508
operating and servicing the well.	26509

(B) When the entire interest of a well is proposed to be	26510
assigned or otherwise transferred to the landowner for use as an	26511
exempt domestic well, the owner who has been issued a permit under	26512
this chapter for the well shall submit to the chief of the	26513
division of oil and gas resources management an application for	26514
the assignment or transfer that contains all documents that the	26515
chief requires and a nonrefundable fee of one hundred dollars. The	26516
application for such an assignment or transfer shall be prescribed	26517
and provided by the chief. The chief may approve the application	26518
if the application is accompanied by a release of all of the oil	26519
and gas leases that are included in the applicable formation of	26520
the drilling unit, the release is in a form such that the well	26521
ownership merges with the fee simple interest of the surface	26522
tract, and the release is in a form that may be recorded. However,	26523
if the owner of the well does not release the oil and gas leases	26524
associated with the well that is proposed to be assigned or	26525
otherwise transferred or if the fee simple tract that results from	26526
the merger of the well ownership with the fee simple interest of	26527
the surface tract is less than five acres, the proposed exempt	26528
domestic well owner shall post a five thousand dollar bond with	26529
the division ~~of mineral resources management~~ prior to the	26530
assignment or transfer of the well to ensure that the well will be	26531
properly plugged. The chief, for good cause, may modify the	26532
requirements of this section governing the assignment or transfer	26533
of the interests of a well to the landowner. Upon the assignment	26534
or transfer of the well, the owner of an exempt domestic well is	26535
not subject to the severance tax levied under section 5749.02 of	26536
the Revised Code, but is subject to all applicable fees	26537
established in this chapter.	26538

(C) The owner holding a permit under section 1509.05 of the	26539
Revised Code is responsible for all obligations and liabilities	26540
imposed by this chapter and any rules, orders, and terms and	26541
conditions of a permit adopted or issued under it, and no	26542
assignment or transfer by the owner relieves the owner of the	26543
obligations and liabilities until and unless the assignee or	26544
transferee files with the division the information described in	26545
divisions (A)(1), (2), (3), (4), (5), (10), (11), and (12) of	26546
section 1509.06 of the Revised Code; obtains liability insurance	26547
coverage required by section 1509.07 of the Revised Code, except	26548
when none is required by that section; and executes and files a	26549
surety bond, negotiable certificates of deposit or irrevocable	26550
letters of credit, or cash, as described in that section. Instead	26551
of a bond, but only upon acceptance by the chief ~~of the division~~	26552
~~of mineral resources management~~, the assignee or transferee may	26553
file proof of financial responsibility, described in section	26554
1509.07 of the Revised Code. Section 1509.071 of the Revised Code	26555
applies to the surety bond, cash, and negotiable certificates of	26556
deposit and irrevocable letters of credit described in this	26557
section. Unless the chief approves a modification, each assignee	26558
or transferee shall operate in accordance with the plans and	26559
information filed by the permit holder pursuant to section 1509.06	26560
of the Revised Code.	26561

(D) If a mortgaged property that is being foreclosed is	26562
subject to an oil or gas lease, pipeline agreement, or other	26563
instrument related to the production or sale of oil or natural gas	26564
and the lease, agreement, or other instrument was recorded	26565
subsequent to the mortgage, and if the lease, agreement, or other	26566
instrument is not in default, the oil or gas lease, pipeline	26567
agreement, or other instrument, as applicable, has priority over	26568
all other liens, claims, or encumbrances on the property so that	26569
the oil or gas lease, pipeline agreement, or other instrument is	26570
not terminated or extinguished upon the foreclosure sale of the	26571
mortgaged property. If the owner of the mortgaged property was	26572
entitled to oil and gas royalties before the foreclosure sale, the	26573
oil or gas royalties shall be paid to the purchaser of the	26574
foreclosed property.	26575

Sec. 1509.32. Any person adversely affected may file with	26576
the chief of the division of ~~mineral~~oil and gas resources	26577
management a written complaint alleging failure to restore	26578
disturbed land surfaces in violation of section 1509.072 or	26579
1509.22 of the Revised Code or a rule adopted thereunder.	26580

Upon receipt of a complaint, the chief shall cause an	26581
investigation to be made of the lands where the alleged violation	26582
has occurred and send copies of the investigation report to the	26583
person who filed the complaint and to the owner. Upon finding a	26584
violation the chief shall order the owner to eliminate the	26585
violation within a specified time. If the owner fails to eliminate	26586
the violation within the time specified, the chief may request the	26587
prosecuting attorney of the county in which the violation occurs	26588
or the attorney general to bring appropriate action to secure	26589
compliance with ~~such~~those sections. If the chief fails to bring	26590
an appropriate action to secure compliance with ~~such~~those	26591
sections within twenty days after the time specified, the person	26592
filing the complaint may request the prosecuting attorney of the	26593
county in which the violation occurs to bring an appropriate	26594
action to secure compliance with ~~such~~those sections. The division	26595
of ~~mineral~~oil and gas resources management may cooperate with any	26596
state or local agency to provide technical advice or minimum	26597
standards for the restoration of various soils and land surfaces	26598
or to assist in any investigation.	26599

Sec. 1509.33. (A) Whoever violates sections 1509.01 to	26600
1509.31 of the Revised Code, or any rules adopted or orders or	26601
terms or conditions of a permit or registration certificate issued	26602
pursuant to these sections for which no specific penalty is	26603
provided in this section, shall pay a civil penalty of not more	26604
than four thousand dollars for each offense.	26605

(B) Whoever violates section 1509.221 of the Revised Code or	26606
any rules adopted or orders or terms or conditions of a permit	26607
issued thereunder shall pay a civil penalty of not more than two	26608
thousand five hundred dollars for each violation.	26609

(C) Whoever violates division (D) of section 1509.22 or	26610
division (A)(1) of section 1509.222 of the Revised Code shall pay	26611
a civil penalty of not less than two thousand five hundred dollars	26612
nor more than twenty thousand dollars for each violation.	26613

(D) Whoever violates division (A) of section 1509.22 of the	26614
Revised Code shall pay a civil penalty of not less than two	26615
thousand five hundred dollars nor more than ten thousand dollars	26616
for each violation.	26617

(E) Whoever violates division (A) of section 1509.223 of the	26618
Revised Code shall pay a civil penalty of not more than ten	26619
thousand dollars for each violation.	26620

(F) Whoever violates section 1509.072 of the Revised Code or	26621
any rules adopted or orders issued to administer, implement, or	26622
enforce that section shall pay a civil penalty of not more than	26623
five thousand dollars for each violation.	26624

(G) In addition to any other penalties provided in this	26625
chapter, whoever violates division (B) of section 1509.22 or	26626
division (A)(1) of section 1509.222 or knowingly violates division	26627
(A) of section 1509.223 of the Revised Code is liable for any	26628
damage or injury caused by the violation and for the cost of	26629
rectifying the violation and conditions caused by the violation.	26630
If two or more persons knowingly violate one or more of ~~such~~those	26631
divisions in connection with the same event, activity, or	26632
transaction, they are jointly and severally liable under this	26633
division.	26634

(H) The attorney general, upon the request of the chief of	26635
the division of ~~mineral~~oil and gas resources management, shall	26636
commence an action under this section against any person who	26637
violates sections 1509.01 to 1509.31 of the Revised Code, or any	26638
rules adopted or orders or terms or conditions of a permit or	26639
registration certificate issued pursuant to these sections. Any	26640
action under this section is a civil action, governed by the Rules	26641
of Civil Procedure and other rules of practice and procedure	26642
applicable to civil actions. The remedy provided in this division	26643
is cumulative and concurrent with any other remedy provided in	26644
this chapter, and the existence or exercise of one remedy does not	26645
prevent the exercise of any other, except that no person shall be	26646
subject to both a civil penalty under division (A), (B), (C), or	26647
(D) of this section and a criminal penalty under section 1509.99	26648
of the Revised Code for the same offense.	26649

Sec. 1509.34. (A)(1) If an owner fails to pay the fees	26650
imposed by this chapter, or if the chief of the division of	26651
~~mineral~~oil and gas resources management incurs costs under	26652
division (E) of section 1509.071 of the Revised Code to correct	26653
conditions associated with the owner's well that the chief	26654
reasonably has determined are causing imminent health or safety	26655
risks, the division of ~~mineral~~oil and gas resources management	26656
shall have a priority lien against that owner's interest in the	26657
applicable well in front of all other creditors for the amount of	26658
any such unpaid fees and costs incurred. The chief shall file a	26659
statement in the office of the county recorder of the county in	26660
which the applicable well is located of the amount of the unpaid	26661
fees and costs incurred as described in this division. The	26662
statement shall constitute a lien on the owner's interest in the	26663
well as of the date of the filing. The lien shall remain in force	26664
so long as any portion of the lien remains unpaid or until the	26665
chief issues a certificate of release of the lien. If the chief	26666
issues a certificate of release of the lien, the chief shall file	26667
the certificate of release in the office of the applicable county	26668
recorder.	26669

(2) A lien imposed under division (A)(1) of this section	26670
shall be in addition to any lien imposed by the attorney general	26671
for failure to pay the assessment imposed by section 1509.50 of	26672
the Revised Code or the tax levied under division (A)(5) or (6) of	26673
section 5749.02 of the Revised Code, as applicable.	26674

(3) If the attorney general cannot collect from a severer or	26675
an owner for an outstanding balance of amounts due under section	26676
1509.50 of the Revised Code or of unpaid taxes levied under	26677
division (A)(5) or (6) of section 5749.02 of the Revised Code, as	26678
applicable, the tax commissioner may request the chief to impose a	26679
priority lien against the owner's interest in the applicable well.	26680
Such a lien has priority in front of all other creditors.	26681

(B) The chief promptly shall issue a certificate of release	26682
of a lien under either of the following circumstances:	26683

(1) Upon the repayment in full of the amount of unpaid fees	26684
imposed by this chapter or costs incurred by the chief under	26685
division (E) of section 1509.071 of the Revised Code to correct	26686
conditions associated with the owner's well that the chief	26687
reasonably has determined are causing imminent health or safety	26688
risks;	26689

(2) Any other circumstance that the chief determines to be in	26690
the best interests of the state.	26691

(C) The chief may modify the amount of a lien under this	26692
section. If the chief modifies a lien, the chief shall file a	26693
statement in the office of the county recorder of the applicable	26694
county of the new amount of the lien.	26695

(D) An owner regarding which the division has recorded a lien	26696
against the owner's interest in a well in accordance with this	26697
section shall not transfer a well, lease, or mineral rights to	26698
another owner or person until the chief issues a certificate of	26699
release for each lien against the owner's interest in the well.	26700

(E) All money from the collection of liens under this section	26701
shall be deposited in the state treasury to the credit of the oil	26702
and gas well fund created in section 1509.02 of the Revised Code.	26703

Sec. 1509.36. Any person adversely affected by an order by	26704
the chief of the division of ~~mineral~~oil and gas resources	26705
management may appeal to the oil and gas commission for an order	26706
vacating or modifying the order.	26707

The person so appealing to the commission shall be known as	26708
appellant and the chief shall be known as appellee. Appellant and	26709
appellee shall be deemed to be parties to the appeal.	26710

The appeal shall be in writing and shall set forth the order	26711
complained of and the grounds upon which the appeal is based. The	26712
appeal shall be filed with the commission within thirty days after	26713
the date upon which the appellant received notice by certified	26714
mail and, for all other persons adversely affected by the order,	26715
within thirty days after the date of the order complained of.	26716
Notice of the filing of the appeal shall be filed with the chief	26717
within three days after the appeal is filed with the commission.	26718

Upon the filing of the appeal the commission promptly shall	26719
fix the time and place at which the hearing on the appeal will be	26720
held, and shall give the appellant and the chief at least ten	26721
days' written notice thereof by mail. The commission may postpone	26722
or continue any hearing upon its own motion or upon application of	26723
the appellant or of the chief.	26724

The filing of an appeal provided for in this section does not	26725
automatically suspend or stay execution of the order appealed	26726
from, but upon application by the appellant the commission may	26727
suspend or stay the execution pending determination of the appeal	26728
upon such terms as the commission considers proper.	26729

Either party to the appeal or any interested person who,	26730
pursuant to commission rules has been granted permission to	26731
appear, may submit such evidence as the commission considers	26732
admissible.	26733

For the purpose of conducting a hearing on an appeal, the	26734
commission may require the attendance of witnesses and the	26735
production of books, records, and papers, and it may, and at the	26736
request of any party it shall, issue subpoenas for witnesses or	26737
subpoenas duces tecum to compel the production of any books,	26738
records, or papers, directed to the sheriffs of the counties where	26739
the witnesses are found. The subpoenas shall be served and	26740
returned in the same manner as subpoenas in criminal cases are	26741
served and returned. The fees of sheriffs shall be the same as	26742
those allowed by the court of common pleas in criminal cases.	26743
Witnesses shall be paid the fees and mileage provided for under	26744
section 119.094 of the Revised Code. Such fees and mileage	26745
expenses incurred at the request of appellant shall be paid in	26746
advance by the appellant, and the remainder of those expenses	26747
shall be paid out of funds appropriated for the expenses of the	26748
division of ~~mineral~~oil and gas resources management.	26749

In case of disobedience or neglect of any subpoena served on	26750
any person, or the refusal of any witness to testify to any matter	26751
regarding which the witness may be lawfully interrogated, the	26752
court of common pleas of the county in which the disobedience,	26753
neglect, or refusal occurs, or any judge thereof, on application	26754
of the commission or any member thereof, shall compel obedience by	26755
attachment proceedings for contempt as in the case of disobedience	26756
of the requirements of a subpoena issued from that court or a	26757
refusal to testify therein. Witnesses at such hearings shall	26758
testify under oath, and any member of the commission may	26759
administer oaths or affirmations to persons who so testify.	26760

At the request of any party to the appeal, a stenographic or	26761
electronic record of the testimony and other evidence submitted	26762
shall be taken by an official court ~~shorthand~~ reporter at the	26763
expense of the party making the request ~~therefor~~for the record.	26764
The record shall include all of the testimony and other evidence	26765
and the rulings on the admissibility thereof presented at the	26766
hearing. The commission shall pass upon the admissibility of	26767
evidence, but any party may at the time object to the admission of	26768
any evidence and except to the rulings of the commission thereon,	26769
and if the commission refuses to admit evidence the party offering	26770
same may make a proffer thereof, and such proffer shall be made a	26771
part of the record of the hearing.	26772

If upon completion of the hearing the commission finds that	26773
the order appealed from was lawful and reasonable, it shall make a	26774
written order affirming the order appealed from; if the commission	26775
finds that the order was unreasonable or unlawful, it shall make a	26776
written order vacating the order appealed from and making the	26777
order that it finds the chief should have made. Every order made	26778
by the commission shall contain a written finding by the	26779
commission of the facts upon which the order is based.	26780

Notice of the making of the order shall be given forthwith to	26781
each party to the appeal by mailing a certified copy thereof to	26782
each such party by certified mail.	26783

The order of the commission is final unless vacated by the	26784
court of common pleas of Franklin county in an appeal as provided	26785
for in section 1509.37 of the Revised Code. Sections 1509.01 to	26786
1509.37 of the Revised Code, providing for appeals relating to	26787
orders by the chief or by the commission, or relating to rules	26788
adopted by the chief, do not constitute the exclusive procedure	26789
that any person who believes the person's rights to be unlawfully	26790
affected by those sections or any official action taken thereunder	26791
must pursue in order to protect and preserve those rights, nor do	26792
those sections constitute a procedure that that person must pursue	26793
before that person may lawfully appeal to the courts to protect	26794
and preserve those rights.	26795

Sec. 1509.38. There is hereby created in the division of	26796
~~mineral~~oil and gas resources management a technical advisory	26797
council on oil and gas, which shall consist of eight members to be	26798
appointed by the governor with the advice and consent of the	26799
senate. Three members shall be independent oil or gas producers,	26800
operators, or their representatives, operating and producing	26801
primarily in this state, three members shall be oil or gas	26802
producers, operators, or their representatives having substantial	26803
oil and gas producing operations in this state and at least one	26804
other state, one member shall represent the public, and one member	26805
shall represent persons having landowners' royalty interests in	26806
oil and gas production. All members shall be residents of this	26807
state, and all members, except the members representing the public	26808
and persons having landowners' royalty interests, shall have at	26809
least five years of practical or technical experience in oil or	26810
gas drilling and production. Not more than one member may	26811
represent any one company, producer, or operator.	26812

Terms of office shall be for three years, commencing on the	26813
first day of February and ending on the thirty-first day of	26814
January. Each member shall hold office from the date of	26815
appointment until the end of the term for which the member was	26816
appointed. A vacancy in the office of a member shall be filled by	26817
the governor, with the advice and consent of the senate. Any	26818
member appointed to fill a vacancy occurring prior to the	26819
expiration of the term for which the member's predecessor was	26820
appointed shall hold office for the remainder of that term. Any	26821
member shall continue in office subsequent to the expiration date	26822
of the member's term until the member's successor takes office, or	26823
until a period of sixty days has elapsed, whichever occurs first.	26824

The council shall select from among its members a	26825
chairperson, a vice-chairperson, and a secretary. All members are	26826
entitled to their actual and necessary expenses incurred in the	26827
performance of their duties as members, payable from the	26828
appropriations for the division.	26829

The governor may remove any member for inefficiency, neglect	26830
of duty, or malfeasance in office.	26831

The council shall hold at least one regular meeting in each	26832
quarter of a calendar year and shall keep a record of its	26833
proceedings. Special meetings may be called by the chairperson and	26834
shall be called by the chairperson upon receipt of a written	26835
request signed by two or more members of the council. A written	26836
notice of the time and place of each meeting shall be sent to each	26837
member of the council. Five members constitute a quorum, and no	26838
action of the council is valid unless five members concur.	26839

The council, when requested by the chief of the division of	26840
~~mineral~~oil and gas resources management, shall consult with and	26841
advise the chief and perform other duties that may be lawfully	26842
delegated to it by the chief. The council may participate in	26843
hearings held by the chief under this chapter and has powers of	26844
approval as provided in sections 1509.24 and 1509.25 of the	26845
Revised Code. The council shall conduct the activities required,	26846
and exercise the authority granted, under Chapter 1510. of the	26847
Revised Code.	26848

The council, upon receiving a request from the chairperson of	26849
the oil and gas commission under division (C) of section 1509.35	26850
of the Revised Code, immediately shall prepare and provide to the	26851
chairperson a list of its members who may serve as temporary	26852
members of the oil and gas commission as provided in that	26853
division.	26854

Sec. 1509.40. Except as provided in section 1509.29 of the	26855
Revised Code, no authority granted in this chapter shall be	26856
construed as authorizing a limitation on the amount that any well,	26857
leasehold, or field is permitted to produce under proration orders	26858
of the division of ~~mineral~~oil and gas resources management.	26859

Sec. 1509.50. (A) An oil and gas regulatory cost recovery	26860
assessment is hereby imposed by this section on an owner. An owner	26861
shall pay the assessment in the same manner as a severer who is	26862
required to file a return under section 5749.06 of the Revised	26863
Code. However, an owner may designate a severer who shall pay the	26864
owner's assessment on behalf of the owner on the return that the	26865
severer is required to file under that section. If a severer so	26866
pays an owner's assessment, the severer may recoup from the owner	26867
the amount of the assessment. Except for an exempt domestic well,	26868
the assessment imposed shall be in addition to the taxes levied on	26869
the severance of oil and gas under section 5749.02 of the Revised	26870
Code.	26871

(B)(1) Except for an exempt domestic well, the oil and gas	26872
regulatory cost recovery assessment shall be calculated on a	26873
quarterly basis and shall be one of the following:	26874

(a) If the sum of ten cents per barrel of oil for all of the	26875
wells of the owner, one-half of one cent per one thousand cubic	26876
feet of natural gas for all of the wells of the owner, and the	26877
amount of the severance tax levied on each severer for all of the	26878
wells of the owner under divisions (A)(5) and (6) of section	26879
5749.02 of the Revised Code, as applicable, is greater than the	26880
sum of fifteen dollars for each well owned by the owner, the	26881
amount of the assessment is the sum of ten cents per barrel of oil	26882
for all of the wells of the owner and one-half of one cent per one	26883
thousand cubic feet of natural gas for all of the wells of the	26884
owner.	26885

(b) If the sum of ten cents per barrel of oil for all of the	26886
wells of the owner, one-half of one cent per one thousand cubic	26887
feet of natural gas for all of the wells of the owner, and the	26888
amount of the severance tax levied on each severer for all of the	26889
wells of the owner under divisions (A)(5) and (6) of section	26890
5749.02 of the Revised Code, as applicable, is less than the sum	26891
of fifteen dollars for each well owned by the owner, the amount of	26892
the assessment is the sum of fifteen dollars for each well owned	26893
by the owner less the amount of the tax levied on each severer for	26894
all of the wells of the owner under divisions (A)(5) and (6) of	26895
section 5749.02 of the Revised Code, as applicable.	26896

(2) The oil and gas regulatory cost recovery assessment for a	26897
well that becomes an exempt domestic well on and after ~~the~~	26898
~~effective date of this section~~June 30, 2010, shall be sixty	26899
dollars to be paid to the division of ~~mineral~~oil and gas	26900
resources management on the first day of July of each year.	26901

(C) All money collected pursuant to this section shall be	26902
deposited in the state treasury to the credit of the oil and gas	26903
well fund created in section 1509.02 of the Revised Code.	26904

(D) Except for purposes of revenue distribution as specified	26905
in division (B) of section 5749.02 of the Revised Code, the oil	26906
and gas regulatory cost recovery assessment imposed by this	26907
section shall be treated the same and equivalent for all purposes	26908
as the taxes levied on the severance of oil and gas under that	26909
section. However, the assessment imposed by this section is not a	26910
tax under Chapter 5749. of the Revised Code.	26911

Sec. 1510.01. As used in this chapter:

26912

(A) "First purchaser" means:

26913

(1) With regard to crude oil, the person to whom title first	26914
is transferred beyond the gathering tank or tanks, beyond the	26915
facility from which the crude oil was first produced, or both;	26916

(2) With regard to natural gas, the person to whom title	26917
first is transferred beyond the inlet side of the measurement	26918
station from which the natural gas was first produced.	26919

(B) "Independent producer" means a person who complies with	26920
both of the following:	26921

(1) Produces oil or natural gas and is not engaged in	26922
refining either product;	26923

(2) Derives a majority of income from ownership in properties	26924
producing oil or natural gas.	26925

(C) "Qualified independent producer association" means an	26926
association that complies with all of the following:	26927

(1) It is in existence on December 18, 1997.

26928

(2) It is organized and operating within this state.

26929

(3) A majority of the members of its governing body are	26930
independent producers.	26931

(D) "Technical advisory council" or "council" means the	26932
technical advisory council created in the division of ~~mineral~~oil	26933
and gas resources management under section 1509.38 of the Revised	26934
Code.	26935

Sec. 1510.08. (A)(1) Except as provided in division (A)(2)	26936
of this section, an operating committee may levy assessments on	26937
the production of oil and natural gas in this state for the	26938
purposes of a marketing program established under this chapter.	26939

(2) An operating committee shall not levy an assessment that	26940
was not approved by independent producers or that exceeds the	26941
amount authorized under division (B)(1) of section 1510.04 of the	26942
Revised Code. An operating committee shall not levy an assessment	26943
against an independent producer who is not eligible to vote in a	26944
referendum for the marketing program that the operating committee	26945
administers, as determined under division (C) of section 1510.02	26946
of the Revised Code.	26947

(B) The technical advisory council may require a first	26948
purchaser to withhold assessments from any amounts that the first	26949
purchaser owes to independent producers and, notwithstanding	26950
division (A)(2) of this section, to remit them to the chairperson	26951
of the council at the office of the division of ~~mineral~~oil and	26952
gas resources management. A first purchaser who pays an assessment	26953
that is levied pursuant to this section for an independent	26954
producer may deduct the amount of the assessment from any moneys	26955
that the first purchaser owes the independent producer.	26956

(C) A marketing program shall require a refund of assessments	26957
collected under this section after receiving an application for a	26958
refund from an independent producer. An application for a refund	26959
shall be made on a form furnished by the council. The operating	26960
committee shall ensure that refund forms are available where	26961
assessments for its program are withheld.	26962

An independent producer who desires a refund shall submit a	26963
request for a refund not later than the thirty-first day of March	26964
of the year in which the request is submitted. The council shall	26965
refund the assessment to the independent producer not later than	26966
the thirtieth day of June of the year in which the request for the	26967
refund is submitted.	26968

(D) An operating committee shall not use moneys from any	26969
assessments that it levies for any political or legislative	26970
purpose or for preferential treatment of one person to the	26971
detriment of another person who is affected by the marketing	26972
program that the operating committee administers.	26973

Sec. 1515.08. The supervisors of a soil and water	26974
conservation district have the following powers in addition to	26975
their other powers:	26976

(A) To conduct surveys, investigations, and research relating	26977
to the character of soil erosion, floodwater and sediment damages,	26978
and the preventive and control measures and works of improvement	26979
for flood prevention and the conservation, development,	26980
utilization, and disposal of water needed within the district, and	26981
to publish the results of those surveys, investigations, or	26982
research, provided that no district shall initiate any research	26983
program except in cooperation or after consultation with the Ohio	26984
agricultural research and development center;	26985

(B) To develop plans for the conservation of soil resources,	26986
for the control and prevention of soil erosion, and for works of	26987
improvement for flood prevention and the conservation,	26988
development, utilization, and disposal of water within the	26989
district, and to publish those plans and information;	26990

(C) To implement, construct, repair, maintain, and operate	26991
preventive and control measures and other works of improvement for	26992
natural resource conservation and development and flood	26993
prevention, and the conservation, development, utilization, and	26994
disposal of water within the district on lands owned or controlled	26995
by this state or any of its agencies and on any other lands within	26996
the district, which works may include any facilities authorized	26997
under state or federal programs, and to acquire, by purchase or	26998
gift, to hold, encumber, or dispose of, and to lease real and	26999
personal property or interests in such property for those	27000
purposes;	27001

(D) To cooperate or enter into agreements with any occupier	27002
of lands within the district in the carrying on of natural	27003
resource conservation operations and works of improvement for	27004
flood prevention and the conservation, development, utilization,	27005
and management of natural resources within the district, subject	27006
to such conditions as the supervisors consider necessary;	27007

(E) To accept donations, gifts, grants, and contributions in	27008
money, service, materials, or otherwise, and to use or expend them	27009
according to their terms;	27010

(F) To adopt, amend, and rescind rules to carry into effect	27011
the purposes and powers of the district;	27012

(G) To sue and plead in the name of the district, and be sued	27013
and impleaded in the name of the district, with respect to its	27014
contracts and, as indicated in section 1515.081 of the Revised	27015
Code, certain torts of its officers, employees, or agents acting	27016
within the scope of their employment or official responsibilities,	27017
or with respect to the enforcement of its obligations and	27018
covenants made under this chapter;	27019

(H) To make and enter into all contracts, leases, and	27020
agreements and execute all instruments necessary or incidental to	27021
the performance of the duties and the execution of the powers of	27022
the district under this chapter, provided that all of the	27023
following apply:	27024

(1) Except as provided in section 307.86 of the Revised Code	27025
regarding expenditures by boards of county commissioners, when the	27026
cost under any such contract, lease, or agreement, other than	27027
compensation for personal services or rental of office space,	27028
involves an expenditure of more than the amount established in	27029
that section regarding expenditures by boards of county	27030
commissioners, the supervisors shall make a written contract with	27031
the lowest and best bidder after advertisement, for not less than	27032
two nor more than four consecutive weeks preceding the day of the	27033
opening of bids, in a newspaper of general circulation within the	27034
district or as provided in section 7.16 of the Revised Code and in	27035
such other publications as the supervisors determine. The notice	27036
shall state the general character of the work and materials to be	27037
furnished, the place where plans and specifications may be	27038
examined, and the time and place of receiving bids.	27039

(2) Each bid for a contract shall contain the full name of	27040
every person interested in it.	27041

(3) Each bid for a contract for the construction, demolition,	27042
alteration, repair, or reconstruction of an improvement shall meet	27043
the requirements of section 153.54 of the Revised Code.	27044

(4) Each bid for a contract, other than a contract for the	27045
construction, demolition, alteration, repair, or reconstruction of	27046
an improvement, at the discretion of the supervisors, may be	27047
accompanied by a bond or certified check on a solvent bank in an	27048
amount not to exceed five per cent of the bid, conditioned that,	27049
if the bid is accepted, a contract shall be entered into.	27050

(5) The supervisors may reject any and all bids.

27051

(I) To make agreements with the department of natural	27052
resources giving it control over lands of the district for the	27053
purpose of construction of improvements by the department under	27054
section 1501.011 of the Revised Code;	27055

(J) To charge, alter, and collect rentals and other charges	27056
for the use or services of any works of the district;	27057

(K) To enter, either in person or by designated	27058
representatives, upon lands, private or public, in the necessary	27059
discharge of their duties;	27060

(L) To enter into agreements or contracts with the department	27061
for the determination, implementation, inspection, and funding of	27062
agricultural pollution abatement and urban sediment pollution	27063
abatement measures whereby landowners, operators, managers, and	27064
developers may meet adopted state standards for a quality	27065
environment, except that failure of a district board of	27066
supervisors to negotiate an agreement or contract with the	27067
department shall authorize the division of soil and water	27068
resources to implement the required program;	27069

(M) To conduct demonstrations and provide information to the	27070
public regarding practices and methods for natural resource	27071
conservation, development, and utilization;	27072

(N) To enter into contracts or agreements with the chief of	27073
the division of soil and water resources to implement and	27074
administer a program for urban sediment pollution abatement and to	27075
receive and expend moneys provided by the chief for that purpose;	27076

(O) To develop operation and management plans, as defined in	27077
section 1511.01 of the Revised Code, as necessary;	27078

(P) To determine whether operation and management plans	27079
developed under division (A) of section 1511.021 of the Revised	27080
Code comply with the standards established under division (E)(1)	27081
of section 1511.02 of the Revised Code and to approve or	27082
disapprove the plans, based on such compliance. If an operation	27083
and management plan is disapproved, the board shall provide a	27084
written explanation to the person who submitted the plan. The	27085
person may appeal the plan disapproval to the chief, who shall	27086
afford the person a hearing. Following the hearing, the chief	27087
shall uphold the plan disapproval or reverse it. If the chief	27088
reverses the plan disapproval, the plan shall be deemed approved	27089
under this division. In the event that any person operating or	27090
owning agricultural land or a concentrated animal feeding	27091
operation in accordance with an approved operation and management	27092
plan who, in good faith, is following that plan, causes	27093
agricultural pollution, the plan shall be revised in a fashion	27094
necessary to mitigate the agricultural pollution, as determined	27095
and approved by the board of supervisors of the soil and water	27096
conservation district.	27097

(Q) With regard to composting conducted in conjunction with	27098
agricultural operations, to do all of the following:	27099

(1) Upon request or upon their own initiative, inspect	27100
composting at any such operation to determine whether the	27101
composting is being conducted in accordance with section 1511.022	27102
of the Revised Code;	27103

(2) If the board determines that composting is not being so	27104
conducted, request the chief to issue an order under division (G)	27105
of section 1511.02 of the Revised Code requiring the person who is	27106
conducting the composting to prepare a composting plan in	27107
accordance with rules adopted under division (E)(8)(c) of that	27108
section and to operate in accordance with that plan or to operate	27109
in accordance with a previously prepared plan, as applicable;	27110

(3) In accordance with rules adopted under division (E)(8)(c)	27111
of section 1511.02 of the Revised Code, review and approve or	27112
disapprove any such composting plan. If a plan is disapproved, the	27113
board shall provide a written explanation to the person who	27114
submitted the plan.	27115

As used in division (Q) of this section, "composting" has the	27116
same meaning as in section 1511.01 of the Revised Code.	27117

(R) With regard to conservation activities that are conducted	27118
in conjunction with agricultural operations, to assist the county	27119
auditor, upon request, in determining whether a conservation	27120
activity is a conservation practice for purposes of Chapter 929.	27121
or sections 5713.30 to 5713.37 and 5715.01 of the Revised Code.	27122

As used in this division, "conservation practice" has the	27123
same meaning as in section 5713.30 of the Revised Code.	27124

(S) To do all acts necessary or proper to carry out the	27125
powers granted in this chapter.	27126

The director of natural resources shall make recommendations	27127
to reduce the adverse environmental effects of each project that a	27128
soil and water conservation district plans to undertake under	27129
division (A), (B), (C), or (D) of this section and that will be	27130
funded in whole or in part by moneys authorized under section	27131
1515.16 of the Revised Code and shall disapprove any such project	27132
that the director finds will adversely affect the environment	27133
without equal or greater benefit to the public. The director's	27134
disapproval or recommendations, upon the request of the district	27135
filed in accordance with rules adopted by the Ohio soil and water	27136
conservation commission, shall be reviewed by the commission,	27137
which may confirm the director's decision, modify it, or add	27138
recommendations to or approve a project the director has	27139
disapproved.	27140

Any instrument by which real property is acquired pursuant to	27141
this section shall identify the agency of the state that has the	27142
use and benefit of the real property as specified in section	27143
5301.012 of the Revised Code.	27144

Sec. 1515.14. Within the limits of funds appropriated to the	27145
department of natural resources and the soil and water	27146
conservation district assistance fund created in this section,	27147
there shall be paid in each calendar year to each local soil and	27148
water conservation district an amount not to exceed one dollar for	27149
each one dollar received in accordance with section 1515.10 of the	27150
Revised Code, received from tax levies in excess of the ten-mill	27151
levy limitation approved for the benefit of local soil and water	27152
conservation districts, or received from an appropriation by a	27153
municipal corporation or a township to a maximum of eight thousand	27154
dollars, provided that the Ohio soil and water conservation	27155
commission may approve payment to a district in an amount in	27156
excess of eight thousand dollars in any calendar year upon receipt	27157
of a request and justification from the district. The county	27158
auditor shall credit such payments to the special fund established	27159
pursuant to section 1515.10 of the Revised Code for the local soil	27160
and water conservation district. The department may make advances	27161
at least quarterly to each district on the basis of the estimated	27162
contribution of the state to each district. Moneys received by	27163
each district shall be expended for the purposes of the district.	27164

For the purpose of providing money to soil and water	27165
conservation districts under this section, there is hereby created	27166
in the state treasury the soil and water conservation district	27167
assistance fund consisting of money credited to it under sections	27168
3714.073 and 3734.901 and division (A)~~(5)~~(4) of section 3734.57 of	27169
the Revised Code.	27170

Sec. 1515.24. (A) Following receipt of a certification made	27171
by the supervisors of a soil and water conservation district	27172
pursuant to section 1515.19 of the Revised Code together with	27173
receipt of all plans, specifications, and estimates submitted	27174
under that section and upon completion of a schedule of estimated	27175
assessments in accordance with section 1515.211 of the Revised	27176
Code, the board of county commissioners may adopt a resolution	27177
levying upon the property within the project area an assessment at	27178
a uniform or varied rate based upon the benefit to the area	27179
certified by the supervisors, as necessary to pay the cost of	27180
construction of the improvement not otherwise funded and to repay	27181
advances made for purposes of the improvement from the fund	27182
created by section 1515.15 of the Revised Code. The board of	27183
county commissioners shall direct the person or authority	27184
preparing assessments to give primary consideration, in	27185
determining a parcel's estimated assessments relating to the	27186
disposal of water, to the potential increase in productivity that	27187
the parcel may experience as a result of the improvement and also	27188
to give consideration to the amount of water disposed of, the	27189
location of the property relative to the project, the value of the	27190
project to the watershed, and benefits. The part of the assessment	27191
that is found to benefit state, county, or township roads or	27192
highways or municipal streets shall be assessed against the state,	27193
county, township, or municipal corporation, respectively, payable	27194
from motor vehicle revenues. The part of the assessment that is	27195
found to benefit property owned by any public corporation, any	27196
political subdivision of the state, or the state shall be assessed	27197
against the public corporation, the political subdivision, or the	27198
state and shall be paid out of the general funds or motor vehicle	27199
revenues of the public corporation, the political subdivision of	27200
the state, or the state, except as otherwise provided by law.	27201

(B) The assessment shall be certified to the county auditor	27202
and by the county auditor to the county treasurer. The collection	27203
of the assessment shall conform in all matters to Chapter 323. of	27204
the Revised Code.	27205

(C) Any land owned and managed by the department of natural	27206
resources for wildlife, recreation, nature preserve, or forestry	27207
purposes is exempt from assessments if the director of natural	27208
resources determines that the land derives no benefit from the	27209
improvement. In making such a determination, the director shall	27210
consider the purposes for which the land is owned and managed and	27211
any relevant articles of dedication or existing management plans	27212
for the land. If the director determines that the land derives no	27213
benefit from the improvement, the director shall notify the board	27214
of county commissioners, within thirty days after receiving the	27215
assessment notification required by this section, indicating that	27216
the director has determined that the land is to be exempt and	27217
explaining the specific reason for making this determination. The	27218
board of county commissioners, within thirty days after receiving	27219
the director's exemption notification, may appeal the	27220
determination to the court of common pleas. If the court of common	27221
pleas finds in favor of the board of county commissioners, the	27222
department of natural resources shall pay all court costs and	27223
legal fees.	27224

(D)(1) The board shall give notice by first class mail to	27225
every public and private property owner whose property is subject	27226
to assessment, at the tax mailing or other known address of the	27227
owner. The notice shall contain a statement of the amount to be	27228
assessed against the property of the addressee, a description of	27229
the method used to determine the necessity for and the amount of	27230
the proposed assessment, a description of any easement on the	27231
property that is necessary for purposes of the improvement, and a	27232
statement that the addressee may file an objection in writing at	27233
the office of the board of county commissioners within thirty days	27234
after the mailing of notice. If the residence of any owner cannot	27235
be ascertained, or if any mailed notice is returned undelivered,	27236
the board shall publish the notice to all such owners in a	27237
newspaper of general circulation within the project area, ~~at least~~	27238
once each week for three weeks~~, which~~or as provided in section	27239
7.16 of the Revised Code. The notice shall include the information	27240
contained in the mailed notice, but shall state that the owner may	27241
file an objection in writing at the office of the board of county	27242
commissioners within thirty days after the last publication of the	27243
notice.	27244

(2) Upon receipt of objections as provided in this section,	27245
the board shall proceed within thirty days to hold a final hearing	27246
on the objections by fixing a date and giving notice by first	27247
class mail to the objectors at the address provided in filing the	27248
objection. If any mailed notice is returned undelivered, the board	27249
shall give due notice to the objectors in a newspaper of general	27250
circulation in the project area or as provided in section 7.16 of	27251
the Revised Code, stating the time, place, and purpose of the	27252
hearing. Upon hearing the objectors, the board may adopt a	27253
resolution amending and approving the final schedule of	27254
assessments and shall enter it in the journal.	27255

(3) Any owner whose objection is not allowed may appeal	27256
within thirty days to the court of common pleas of the county in	27257
which the property is located.	27258

(4) The board of county commissioners shall make an order	27259
approving the levying of the assessment and shall proceed under	27260
section 6131.23 of the Revised Code after one of the following has	27261
occurred, as applicable:	27262

(a) Final notice is provided by mail or publication.

27263

(b) The imposition of assessments is upheld in the final	27264
disposition of an appeal that is filed pursuant to division (D)(3)	27265
of this section.	27266

(c) The resolution levying the assessments is approved in a	27267
referendum that is held pursuant to section 305.31 of the Revised	27268
Code.	27269

(5) The county treasurer shall deposit the proceeds of the	27270
assessment in the fund designated by the board and shall report to	27271
the county auditor the amount of money from the assessment that is	27272
collected by the treasurer. Moneys shall be expended from the fund	27273
for purposes of the improvement.	27274

(E) Any moneys collected in excess of the amount needed for	27275
construction of the improvement and the subsequent first year's	27276
maintenance may be maintained in a fund to be used for maintenance	27277
of the improvement. In any year subsequent to a year in which an	27278
assessment for construction of an improvement levied under this	27279
section has been collected, and upon determination by the board of	27280
county commissioners that funds are not otherwise available for	27281
maintenance or repair of the improvement, the board shall levy on	27282
the property within the project area an assessment for maintenance	27283
at a uniform percentage of all construction costs based upon the	27284
assessment schedule used in determining the construction	27285
assessment. The assessment is not subject to the provisions	27286
concerning notice and petition contained in this section. An	27287
assessment for maintenance shall not be levied in any year in	27288
which the unencumbered balance of funds available for maintenance	27289
of the improvement exceeds twenty per cent of the cost of	27290
construction of the improvement, except that the board may adjust	27291
the level of assessment within the twenty per cent limitation, or	27292
suspend temporarily the levying of an assessment, for maintenance	27293
purposes as maintenance funds are needed.	27294

For the purpose of levying an assessment for maintenance of	27295
an improvement, a board may use the procedures established in	27296
Chapter 6137. of the Revised Code regarding maintenance of	27297
improvements as defined in section 6131.01 of the Revised Code in	27298
lieu of using the procedures established under this section.	27299

(F) The board of county commissioners may issue bonds and	27300
notes as authorized by section 131.23 or 133.17 of the Revised	27301
Code.	27302

Sec. 1517.02. There is hereby created in the department of	27303
natural resources the division of natural areas and preserves,	27304
which shall be administered by the chief of the division of	27305
natural areas and preserves. The chief shall take an oath of	27306
office and shall file in the office of the secretary of state a	27307
bond signed by the chief and by a surety approved by the governor	27308
for a sum fixed pursuant to section 121.11 of the Revised Code.	27309

The chief shall administer a system of nature preserves. The	27310
chief shall establish a system of nature preserves through	27311
acquisition and dedication of natural areas of state or national	27312
significance, which shall include, but not be limited to, areas	27313
that represent characteristic examples of Ohio's natural landscape	27314
types and its natural vegetation and geological history. The chief	27315
shall encourage landowners to dedicate areas of unusual	27316
significance as nature preserves, and shall establish and maintain	27317
a registry of natural areas of unusual significance.	27318

The chief may participate in watershed planning activities	27319
with other states or federal agencies.	27320

The chief shall do the following:

27321

(A) Formulate policies and plans for the acquisition, use,	27322
management, and protection of nature preserves;	27323

(B) Formulate policies for the selection of areas suitable	27324
for registration;	27325

(C) Formulate policies for the dedication of areas as nature	27326
preserves;	27327

(D) Prepare and maintain surveys and inventories of natural	27328
areas, rare and endangered species of plants and animals, and	27329
other unique natural features. The information shall be ~~stored~~	27330
entered in the Ohio natural heritage database, established	27331
~~pursuant to this division, and may be made available to any~~	27332
~~individual or private or public agency for research, educational,~~	27333
~~environmental, land management, or other similar purposes that are~~	27334
~~not detrimental to the conservation of a species or feature.~~	27335
~~Information regarding sensitive site locations of species that are~~	27336
~~listed pursuant to section 1518.01 of the Revised Code and of~~	27337
~~unique natural features that are included in the Ohio natural~~	27338
~~heritage database is not subject to section 149.43 of the Revised~~	27339
~~Code if the chief determines that the release of the information~~	27340
~~could be detrimental to the conservation of a species or unique~~	27341
~~natural feature~~under section 1531.04 of the Revised Code.	27342

(E) Adopt rules for the use, visitation, and protection of	27343
nature preserves and natural areas owned or managed through	27344
easement, license, or lease by the department and administered by	27345
the division in accordance with Chapter 119. of the Revised Code;	27346

(F) Provide facilities and improvements within the state	27347
system of nature preserves that are necessary for their	27348
visitation, use, restoration, and protection and do not impair	27349
their natural character;	27350

(G) Provide interpretive programs and publish and disseminate	27351
information pertaining to nature preserves and natural areas for	27352
their visitation and use;	27353

(H) Conduct and grant permits to qualified persons for the	27354
conduct of scientific research and investigations within nature	27355
preserves;	27356

(I) Establish an appropriate system for marking nature	27357
preserves;	27358

(J) Publish and submit to the governor and the general	27359
assembly a biennial report of the status and condition of each	27360
nature preserve, activities conducted within each preserve, and	27361
plans and recommendations for natural area preservation.	27362

Sec. 1531.04. The division of wildlife, at the direction of	27363
the chief of the division, shall do all of the following:	27364

(A) Plan, develop, and institute programs and policies based	27365
on the best available information, including biological	27366
information derived from professionally accepted practices in	27367
wildlife and fisheries management, with the approval of the	27368
director of natural resources;	27369

(B) Have and take the general care, protection, and	27370
supervision of the wildlife in the state parks known as Lake St.	27371
Marys, The Portage Lakes, Lake Loramie, Indian Lake, Buckeye Lake,	27372
Guilford Lake, such part of Pymatuning reservoir as lies in this	27373
state, and all other state parks and lands owned by the state or	27374
in which it is interested or may acquire or become interested,	27375
except lands and lakes the care and supervision of which are	27376
vested in some other officer, body, board, association, or	27377
organization;	27378

(C) Enforce by proper legal action or proceeding the laws of	27379
the state and division rules for the protection, preservation,	27380
propagation, and management of wild animals and sanctuaries and	27381
refuges for the propagation of those wild animals, and adopt and	27382
carry into effect such measures as it considers necessary in the	27383
performance of its duties;	27384

(D) Promote, educate, and inform the citizens of the state	27385
about conservation and the values of fishing, hunting, and	27386
trapping, with the approval of the director;	27387

(E) Prepare and maintain surveys and inventories of rare and	27388
endangered species of plants and animals and other unique natural	27389
features. The information shall be stored in the Ohio natural	27390
heritage database, established pursuant to this division, and may	27391
be made available to any individual or private or public agency	27392
for research, educational, environmental, land management, or	27393
other similar purposes that are not detrimental to the	27394
conservation of a species or feature. Information regarding	27395
sensitive site locations of species that are listed pursuant to	27396
section 1518.01 of the Revised Code and of unique natural features	27397
that are included in the Ohio natural heritage database is not	27398
subject to section 149.43 of the Revised Code if the chief	27399
determines that the release of the information could be	27400
detrimental to the conservation of a species or unique natural	27401
feature.	27402

Sec. 1541.03. All lands and waters dedicated and set apart	27403
for state park purposes shall be under the control and management	27404
of the division of parks and recreation, which shall protect,	27405
maintain, and keep them in repair. The division shall have the	27406
following powers over all such lands and waters:	27407

(A) To make alterations and improvements;

27408

(B) To construct and maintain dikes, wharves, landings,	27409
docks, dams, and other works;	27410

(C) To construct and maintain roads and drives in, around,	27411
upon, and to the lands and waters to make them conveniently	27412
accessible and useful to the public;	27413

(D) Except as otherwise provided in this section, to adopt,	27414
amend, and rescind, in accordance with Chapter 119. of the Revised	27415
Code, rules necessary for the proper management of state parks,	27416
bodies of water, and the lands adjacent to them under its	27417
jurisdiction and control, including the following:	27418

(1) Governing opening and closing times and dates of the	27419
parks;	27420

(2) Establishing fees and charges for use of facilities in	27421
state parks;	27422

(3) Governing camps, camping, and fees for camps and camping;

27423

(4) Governing the application for and rental of, rental fees	27424
for, and the use of cottages;	27425

(5) Relating to public use of state park lands, and governing	27426
the operation of motor vehicles, including speeds, and parking on	27427
those lands;	27428

(6) Governing all advertising within state parks and the	27429
requirements for the operation of places selling tangible personal	27430
property and control of food service sales on lands and waters	27431
under the control of the division, which rules shall establish	27432
uniform requirements;	27433

(7) Providing uniform standards relating to the size, type,	27434
location, construction, and maintenance of structures and devices	27435
used for fishing or moorage of watercraft, rowboats, sailboats,	27436
and powercraft, as those terms are defined in section 1547.01 of	27437
the Revised Code, over waters under the control of the division	27438
and establishing reasonable fees for the construction of and	27439
annual use permits for those structures and devices;	27440

(8) Governing state beaches, swimming, inflatable devices,	27441
and fees for them;	27442

(9) Governing the removal and disposition of any watercraft,	27443
rowboat, sailboat, or powercraft, as those terms are defined in	27444
section 1547.01 of the Revised Code, left unattended for more than	27445
seven days on any lands or waters under the control of the	27446
division;	27447

(10) Governing the establishment and collection of check	27448
collection charges for checks that are returned to the division or	27449
dishonored for any reason.	27450

(E) To coordinate and plan trails in accordance with section	27451
1519.03 of the Revised Code;	27452

(F) To cooperate with the United States and agencies of it	27453
and with political subdivisions in administering federal	27454
recreation moneys under the "Land and Water Conservation Fund Act	27455
of 1965," 78 Stat. 897, 16 U.S.C. 4601-8, as amended; prepare and	27456
distribute the statewide comprehensive outdoor recreation plan;	27457
and administer the state recreational vehicle fund created in	27458
section 4519.11 of the Revised Code;	27459

(G) To administer any state or federally funded grant program	27460
that is related to natural resources and recreation as considered	27461
necessary by the director of natural resources;	27462

(H) To assist the department of natural resources and its	27463
divisions by providing department-wide planning, capital	27464
improvements planning, and special purpose planning.	27465

With the approval of the director, the chief of the division	27466
of parks and recreation may enter into contracts or agreements	27467
with any agency of the United States government, any other public	27468
agency, or any private entity or organization for the performance	27469
of the duties of the division.	27470

The chief may sell, lease, or transfer minerals or mineral	27471
rights, with the approval of the director of natural resources,	27472
when the chief and the director determine it to be in the best	27473
interest of the state. Upon approval of the director, the chief	27474
may make, execute, and deliver contracts, including leases, to	27475
drill for oil and natural gas on and under lands owned by the	27476
state and administered by the division to any person who complies	27477
with the terms of such a contract. No such contract shall be valid	27478
for more than fifty years from its effective date. Consideration	27479
for minerals and mineral rights shall be by rental or royalty	27480
basis as prescribed by the chief and payable as prescribed by	27481
contract. Money collected from rentals shall be paid into the	27482
state treasury to the credit of the state park fund created in	27483
section 1541.22 of the Revised Code. Money collected from	27484
royalties shall be paid into the parks mineral royalties trust	27485
fund created in section 1541.25 of the Revised Code.	27486

The division shall adopt rules under this section	27487
establishing a discount program for all persons who are issued a	27488
golden buckeye card under section 173.06 of the Revised Code. The	27489
discount program shall provide a discount for all park services	27490
and rentals, but shall not provide a discount for the purchase of	27491
merchandise.	27492

The division shall not adopt rules establishing fees or	27493
charges for parking a motor vehicle in a state park or for	27494
admission to a state park.	27495

Every resident of this state with a disability that has been	27496
determined by the veterans administration to be permanently and	27497
totally disabling, who receives a pension or compensation from the	27498
veterans administration, and who received an honorable discharge	27499
from the armed forces of the United States, and every veteran to	27500
whom the registrar of motor vehicles has issued a set of license	27501
plates under section 4503.41 of the Revised Code, shall be exempt	27502
from the fees for camping, provided that the resident or veteran	27503
carries in the state park such evidence of the resident's or	27504
veteran's disability as the chief prescribes by rule.	27505

Unless otherwise provided by division rule, every resident of	27506
this state who is sixty-five years of age or older or who is	27507
permanently and totally disabled and who furnishes evidence of	27508
that age or disability in a manner prescribed by division rule	27509
shall be charged one-half of the regular fee for camping, except	27510
on the weekends and holidays designated by the division, and shall	27511
not be charged more than ninety per cent of the regular charges	27512
for state recreational facilities, equipment, services, and food	27513
service operations utilized by the person at any time of year,	27514
whether maintained or operated by the state or leased for	27515
operation by another entity.	27516

As used in this section, "food service operations" means	27517
restaurants that are owned by the department of natural resources	27518
at Hocking Hills, Lake Hope, Malabar Farm, and Rocky Fork state	27519
parks or are part of a state park lodge. "Food service operations"	27520
does not include automatic vending machines, concession stands, or	27521
snack bars.	27522

As used in this section, "prisoner of war" means any	27523
regularly appointed, enrolled, enlisted, or inducted member of the	27524
military forces of the United States who was captured, separated,	27525
and incarcerated by an enemy of the United States. Any person who	27526
has been a prisoner of war, was honorably discharged from the	27527
military forces, and is a resident of this state is exempt from	27528
the fees for camping. To claim this exemption, the person shall	27529
present written evidence in the form of a record of separation, a	27530
letter from one of the military forces of the United States, or	27531
such other evidence as the chief prescribes by rule that satisfies	27532
the eligibility criteria established by this section.	27533

Sec. 1541.05. (A) The chief of the division of parks and	27534
recreation, with the approval of the director of natural	27535
resources, may dispose of any of the following by sale, donation,	27536
trade, trade-in, recycling, or any other lawful means, in a manner	27537
that will benefit the division:	27538

(1) Standing timber that as a result of wind, storm,	27539
pestilence, or any other natural occurrence may present a hazard	27540
to life or property, timber that has weakened or fallen on lands	27541
under the control and management of the division, or any timber or	27542
other forest products that ~~requires~~require management to improve	27543
wildlife habitat, protect against wildfires, provide access to	27544
recreational facilities, implement sustainable forestry practices,	27545
or improve the safety, quality, or appearance of any state park	27546
area;	27547

(2) Spoils of a dredging operation conducted by the division	27548
in waters under the control and management of the division. Prior	27549
to the disposition of any spoils under this division, the chief	27550
shall notify the director of environmental protection of the	27551
chief's intent so that the director may determine if the spoils	27552
constitute solid wastes or hazardous waste, as those terms are	27553
defined in section 3734.01 of the Revised Code, that must be	27554
disposed of in accordance with Chapter 3734. of the Revised Code.	27555
If the director does not notify the chief within thirty days after	27556
receiving notice of the disposition that the spoils must be	27557
disposed of in accordance with Chapter 3734. of the Revised Code,	27558
the chief may proceed with the disposition.	27559

(3) Notwithstanding sections 125.12 to 125.14 of the Revised	27560
Code, excess supplies and surplus supplies, as those terms are	27561
defined in section 125.12 of the Revised Code;	27562

(4) Agricultural products that are grown or raised by the	27563
division. As used in this division, "agricultural products"	27564
includes products of apiculture, animal husbandry, or poultry	27565
husbandry, field crops, fruits, and vegetables.	27566

(5) Abandoned personal property, including golf balls that	27567
are found on property under the control and management of the	27568
division.	27569

(B) In accordance with Chapter 119. of the Revised Code, the	27570
chief shall adopt, and may amend and rescind, such rules as are	27571
necessary to administer this section.	27572

(C) ~~Proceeds~~Except as provided in division (D) of this	27573
section, proceeds from the disposition of items under this section	27574
shall be deposited in the state treasury to the credit of the	27575
state park fund created in section 1541.22 of the Revised Code.	27576

(D) The chief of the division of parks and recreation may	27577
enter into a memorandum of understanding with the chief of the	27578
division of forestry to allow the division of forestry to	27579
administer the sale of timber and forest products on lands that	27580
are owned or controlled by the division of parks and recreation.	27581
Proceeds from the sale of timber or forest products pursuant to	27582
the memorandum of understanding shall be apportioned as follows:	27583

(1) Seventy-five per cent of the proceeds shall be deposited	27584
in the state treasury to the credit of the state park fund.	27585

(2) Twenty-five per cent of the proceeds shall be deposited	27586
in the state treasury to the credit of the state forest fund	27587
created in section 1503.05 of the Revised Code.	27588

Sec. 1541.25. There is hereby created the parks mineral	27589
royalties trust fund, which shall be in the custody of the	27590
treasurer of state and shall not be a part of the state treasury.	27591
The fund shall consist of royalties paid to the division of parks	27592
and recreation pursuant to the sale, lease, or transfer of	27593
minerals or mineral rights as provided in section 1541.03 of the	27594
Revised Code. Money in the fund shall be used by the division to	27595
facilitate capital improvements, maintenance, repairs, and	27596
renovations on properties that are owned by the state and	27597
administered by the division.	27598

Investment earnings of the fund shall be credited to the	27599
parks mineral royalties fund created in section 1541.26 of the	27600
Revised Code. Quarterly each fiscal year, the investment earnings	27601
of the parks mineral royalties trust fund shall be transferred to	27602
the parks mineral royalties fund.	27603

Upon the request of the director of natural resources, the	27604
director of budget and management annually may transfer an amount	27605
not to exceed ten per cent of the principal of the parks mineral	27606
royalties trust fund to the parks mineral royalties fund.	27607

Sec. 1541.26. There is hereby created in the state treasury	27608
the parks mineral royalties fund. The fund shall consist of all	27609
investment earnings of the parks mineral royalties trust fund	27610
created in section 1541.25 of the Revised Code and any principal	27611
transferred from the trust fund as authorized by that section.	27612

Money in the parks mineral royalties fund shall be used by	27613
the division of parks and recreation to facilitate capital	27614
improvements, maintenance, repairs, and renovations on properties	27615
that are owned by the state and administered by the division. All	27616
expenditures from the fund shall be approved by the director of	27617
natural resources.	27618

Sec. 1545.09. (A) The board of park commissioners shall adopt	27619
such bylaws and rules as the board considers advisable for the	27620
preservation of good order within and adjacent to parks and	27621
reservations of land, and for the protection and preservation of	27622
the parks, parkways, and other reservations of land under its	27623
jurisdiction and control and of property and natural life therein.	27624
The board shall also adopt bylaws or rules establishing a	27625
procedure for contracting for professional, technical, consulting,	27626
and other special services. Any competitive bidding procedures of	27627
the board do not apply to the purchase of benefits for park	27628
district officers or employees when such benefits are provided	27629
through a health and welfare trust fund administered through or in	27630
conjunction with a collective bargaining representative of the	27631
park district employees, as authorized in section 1545.071 of the	27632
Revised Code. ~~The~~Summaries of the bylaws and rules shall be	27633
published as provided in the case of ordinances of municipal	27634
corporations under section 731.21 of the Revised Code before	27635
taking effect.	27636

(B)(1) As used in division (B)(2) of this section, "similar	27637
violation under state law" means a violation of any section of the	27638
Revised Code, other than division (C) of this section, that is	27639
similar to a violation of a bylaw or rule adopted under division	27640
(A) of this section.	27641

(2) The board of park commissioners may adopt by bylaw a	27642
penalty for a violation of any bylaw or rule adopted under	27643
division (A) of this section, and any penalty so adopted shall not	27644
exceed in severity whichever of the following is applicable:	27645

(a) The penalty designated under the Revised Code for a	27646
violation of the state law that is similar to the bylaw or rule	27647
for which the board adopted the penalty;	27648

(b) For a violation of a bylaw or rule adopted under division	27649
(A) of this section for which the similar violation under state	27650
law does not bear a penalty or for which there is no similar	27651
violation under state law, a fine of not more than one hundred	27652
fifty dollars for a first offense and not more than one thousand	27653
dollars for each subsequent offense.	27654

(3) ~~Any~~A summary of any bylaw adopted under division (B)(2)	27655
of this section shall be published as provided in the case of	27656
ordinances of municipal corporations under section 731.21 of the	27657
Revised Code before taking effect.	27658

(C) No person shall violate any bylaws or rules adopted under	27659
division (A) of this section. All fines collected for any	27660
violation of this section shall be paid into the treasury of such	27661
park board.	27662

Sec. 1545.12. (A) Except as provided in division (B) of this	27663
section, if the board of park commissioners finds that any lands	27664
that it has acquired are not necessary for the purposes for which	27665
they were acquired by the board, it may sell and dispose of the	27666
lands upon terms the board considers advisable. The board also may	27667
lease or permit the use of any lands for purposes not inconsistent	27668
with the purposes for which the lands were acquired, and upon	27669
terms the board considers advisable. No lands shall be sold	27670
pursuant to this division without first giving notice of the	27671
board's intention to sell the lands by publication once a week for	27672
four consecutive weeks in ~~not less than two English newspapers~~a	27673
newspaper of general circulation in the district or as provided in	27674
section 7.16 of the Revised Code. The notice shall contain an	27675
accurate description of the lands and shall state the time and	27676
place at which sealed bids will be received for the purchase of	27677
the lands, and the lands shall not thereafter be sold at private	27678
sale for less than the best and highest bid received without	27679
giving further notice as specified in this division.	27680

(B)(1) After compliance with division (B)(2) of this section,	27681
the board of park commissioners may sell land upon terms the board	27682
considers advisable to any park district established under section	27683
511.18 or Chapter 1545. of the Revised Code, any political	27684
subdivision of the state, the state or any department or agency of	27685
the state, or any department or agency of the federal government	27686
for conservation uses or for park or recreation purposes without	27687
the necessity of having to comply with division (A) of this	27688
section.	27689

(2) Before the board of park commissioners may sell land	27690
under division (B)(1) of this section, the board shall offer the	27691
land for sale to each of the following public agencies that is	27692
authorized to acquire, develop, and maintain land for conservation	27693
uses or for park or recreation purposes: each park district	27694
established under section 511.18 or Chapter 1545. of the Revised	27695
Code or political subdivision in which the land is located, each	27696
park district that is so established and that adjoins or each	27697
political subdivision that adjoins a park district so established	27698
or political subdivision in which the land is located, and each	27699
agency or department of the state or of the federal government	27700
that operates parks or conservation or recreation areas near the	27701
land. The board shall make the offer by giving a written notice	27702
that the land is available for sale, by first class mail, to these	27703
public agencies. A failure of delivery of the written notice to	27704
any of these public agencies does not invalidate any proceedings	27705
for the sale of land under this division. Any public agency that	27706
is so notified and that wishes to purchase the land shall make an	27707
offer to the board in writing not later than sixty days after	27708
receiving the written notice.	27709

If there is only one offer to purchase the land made in that	27710
sixty-day period, the board need not hold a public hearing on the	27711
offer. The board shall accept the offer only if it determines that	27712
acceptance of the offer will result in the best public use of the	27713
land.	27714

If there is more than one offer to purchase the land made in	27715
that sixty-day period, the board shall not accept any offer until	27716
the board holds a public hearing on the offers. If, after the	27717
hearing, the board decides to accept an offer, it shall accept the	27718
offer that it determines will result in the best public use of the	27719
land.	27720

(C) No lands shall be sold under this section at either	27721
public or private sale without the approval of the probate court	27722
of the county in which the lands are situated.	27723

Sec. 1547.302. (A) Unclaimed vessels or outboard motors	27724
ordered into storage under division (B) of section 1547.30 or	27725
section 1547.301 of the Revised Code shall be disposed of at the	27726
order of the sheriff of the county, the chief of police of the	27727
municipal corporation, township, or township police district, or	27728
another chief of a law enforcement agency in any of the following	27729
ways:	27730

(1) To a marine salvage dealer;

27731

(2) To any other facility owned, operated, or under contract	27732
with the state or the county, municipal corporation, township, or	27733
other political subdivision;	27734

(3) To a charitable organization, religious organization, or	27735
similar organization not used and operated for profit;	27736

(4) By sale at public auction by the sheriff, the chief, or	27737
an auctioneer licensed under Chapter 4707. of the Revised Code,	27738
after giving notice of the auction by advertisement, published	27739
once a week for two consecutive weeks in a newspaper of general	27740
circulation in the county or as provided in section 7.16 of the	27741
Revised Code.	27742

(B) Any moneys accruing from the disposition of an unclaimed	27743
vessel or motor that are in excess of the expenses resulting from	27744
the removal and storage of the vessel or motor shall be credited	27745
to the general revenue fund or to the general fund of the county,	27746
municipal corporation, township, or other political subdivision,	27747
as appropriate.	27748

(C) As used in this section, "charitable organization" has	27749
the same meaning as in section 1716.01 of the Revised Code.	27750

Sec. 1551.311. The general assembly hereby finds and	27751
declares that the future of the Ohio coal industry lies in the	27752
development of clean coal technology and that the disproportionate	27753
economic impact on the state under Title IV of the "Clean Air Act	27754
Amendments of 1990," 104 Stat. 2584, 42 U.S.C.A. 7651, warrants	27755
maximum federal assistance to this state for such development. It	27756
is therefore imperative that the ~~Ohio air quality~~department of	27757
development ~~authority created under Chapter 3706. of the Revised~~	27758
~~Code~~, its Ohio coal development office, the Ohio coal industry,	27759
the Ohio Washington office in the office of the governor, and the	27760
state's congressional delegation make every effort to acquire any	27761
federal assistance available for the development of clean coal	27762
technology, including assisting entities eligible for grants in	27763
their acquisition. The Ohio coal development agenda required by	27764
section 1551.34 of the Revised Code shall include, in addition to	27765
the other information required by that section, a description of	27766
such efforts and a description of the current status of the	27767
development of clean coal technology in this state and elsewhere.	27768

Sec. 1551.32. (A) There is hereby established within the	27769
~~Ohio air quality~~department of development ~~authority~~ the Ohio coal	27770
development office whose purposes are to do all of the following:	27771

(1) Encourage, promote, and support siting, financing,	27772
construction, and operation of commercially available or scaled	27773
facilities and technologies, including, without limitation,	27774
commercial-scale demonstration facilities and, when necessary or	27775
appropriate to demonstrate the commercial acceptability of a	27776
specific technology, up to three installations within this state	27777
utilizing the specific technology, to more efficiently produce,	27778
beneficiate, market, or use Ohio coal;	27779

(2) Encourage, promote, and support the market acceptance and	27780
increased market use of Ohio coal through technology and market	27781
development;	27782

(3) Assist in the financing of coal development facilities;

27783

(4) Encourage, promote, and support, in state-owned	27784
buildings, facilities, and operations, use of Ohio coal and	27785
electricity sold by utilities and others in this state that use	27786
Ohio coal for generation;	27787

(5) Improve environmental quality, particularly through	27788
cleaner use of Ohio coal;	27789

(6) Assist and cooperate with governmental agencies,	27790
universities and colleges, coal producers, coal miners, electric	27791
utilities and other coal users, public and private sector coal	27792
development interests, and others in achieving these purposes.	27793

(B) The office shall give priority to improvement or	27794
reconstruction of existing facilities and equipment when	27795
economically feasible, to construction and operation of	27796
commercial-scale facilities, and to technologies, equipment, and	27797
other techniques that enable maximum use of Ohio coal in an	27798
environmentally acceptable, cost-effective manner.	27799

Sec. 1551.33. (A) The ~~Ohio air quality~~director of	27800
development ~~authority, by the affirmative vote of a majority of~~	27801
~~its members,~~ shall appoint and fix the compensation of the	27802
director of the Ohio coal development office. The director shall	27803
serve at the pleasure of the ~~authority~~director of development.	27804

(B) The director of the office shall do all of the following:

27805

(1) Biennially prepare and maintain the Ohio coal development	27806
agenda required under section 1551.34 of the Revised Code;	27807

(2) Propose and support policies for the office consistent	27808
with the Ohio coal development agenda and develop means to	27809
implement the agenda;	27810

(3) Initiate, undertake, and support projects to carry out	27811
the office's purposes and ensure that the projects are consistent	27812
with and meet the selection criteria established by the Ohio coal	27813
development agenda;	27814

(4) Actively encourage joint participation in and, when	27815
feasible, joint funding of the office's projects with governmental	27816
agencies, electric utilities, universities and colleges, other	27817
public or private interests, or any other person;	27818

(5) Establish a table of organization for and employ such	27819
employees and agents as are necessary for the administration and	27820
operation of the office. Any such employees shall be in the	27821
unclassified service and shall serve at the pleasure of the	27822
~~authority~~director of development.	27823

(6) Appoint specified members of and convene the technical	27824
advisory committee established under section 1551.35 of the	27825
Revised Code;	27826

(7) Review, with the assistance of the technical advisory	27827
committee, proposed coal research and development projects as	27828
defined in section 1555.01 of the Revised Code, and coal	27829
development projects, submitted to the office by public utilities	27830
for the purpose of section 4905.304 of the Revised Code. If the	27831
director and the advisory committee determine that any such	27832
facility or project has as its purpose the enhanced use of Ohio	27833
coal in an environmentally acceptable, cost effective manner,	27834
promotes energy conservation, is cost effective, and is	27835
environmentally sound, the director shall submit to the public	27836
utilities commission a report recommending that the commission	27837
allow the recovery of costs associated with the facility or	27838
project under section 4905.304 of the Revised Code and including	27839
the reasons for the recommendation.	27840

(8) Establish such policies, procedures, and guidelines as	27841
are necessary to achieve the office's purposes.	27842

(C) ~~By the affirmative vote of a majority of the members of~~	27843
~~the Ohio air quality development authority, the~~The director of	27844
the office may exercise any of the powers and duties ~~of the~~	27845
~~director of development as the authority and~~that the director of	27846
the office ~~consider~~considers appropriate or desirable to achieve	27847
the office's purposes, including, but not limited to, the powers	27848
and duties enumerated in sections 1551.11, 1551.12, ~~1551.13,~~ and	27849
1551.15 of the Revised Code.	27850

Additionally, the director of the office may make loans to	27851
governmental agencies or persons for projects to carry out the	27852
office's purposes. Fees, charges, rates of interest, times of	27853
payment of interest and principal, and other terms, conditions,	27854
and provisions of the loans shall be such as the director of the	27855
office determines to be appropriate and in furtherance of the	27856
purposes for which the loans are made. The mortgage lien securing	27857
any moneys lent by the director of the office may be subordinate	27858
to the mortgage lien securing any moneys lent or invested by a	27859
financial institution, but shall be superior to that securing any	27860
moneys lent or expended by any other person. The moneys used in	27861
making the loans shall be disbursed upon order of the director of	27862
the office.	27863

Sec. 1551.35. (A) There is hereby established a technical	27864
advisory committee to assist the director of the Ohio coal	27865
development office in achieving the office's purposes. The	27866
director shall appoint to the committee one member of the public	27867
utilities commission and one representative each of coal	27868
production companies, the united mine workers of America, electric	27869
utilities, manufacturers that use Ohio coal, and environmental	27870
organizations, as well as two people with a background in coal	27871
research and development technology, one of whom is employed at	27872
the time of the member's appointment by a state university, as	27873
defined in section 3345.011 of the Revised Code. In addition, the	27874
committee shall include four legislative members. The speaker and	27875
minority leader of the house of representatives each shall appoint	27876
one member of the house of representatives, and the president and	27877
minority leader of the senate each shall appoint one member of the	27878
senate, to the committee. The director of environmental protection	27879
~~and the director of development~~ shall serve on the committee as an	27880
ex officio ~~members~~member. Any member of the committee may	27881
designate in writing a substitute to serve in the member's absence	27882
on the committee. The director of environmental protection may	27883
designate in writing the chief of the air pollution control	27884
division of the agency to represent the agency. Members shall	27885
serve on the committee at the pleasure of their appointing	27886
authority. Members of the committee appointed by the director of	27887
the office and, notwithstanding section 101.26 of the Revised	27888
Code, legislative members of the committee, when engaged in their	27889
official duties as members of the committee, shall be compensated	27890
on a per diem basis in accordance with division (J) of section	27891
124.15 of the Revised Code, except that the member of the public	27892
utilities commission and, while employed by a state university,	27893
the member with a background in coal research, shall not be so	27894
compensated. Members shall receive their actual and necessary	27895
expenses incurred in the performance of their duties.	27896

(B) The technical advisory committee shall review and make	27897
recommendations concerning the Ohio coal development agenda	27898
required under section 1551.34 of the Revised Code, project	27899
proposals, research and development projects submitted to the	27900
office by public utilities for the purpose of section 4905.304 of	27901
the Revised Code, proposals for grants, loans, and loan guarantees	27902
for purposes of sections 1555.01 to 1555.06 of the Revised Code,	27903
and such other topics as the director of the office considers	27904
appropriate.	27905

(C) The technical advisory committee may hold an executive	27906
session at any regular or special meeting for the purpose of	27907
considering research and development project proposals or	27908
applications for assistance submitted to the Ohio coal development	27909
office under section 1551.33, or sections 1555.01 to 1555.06, of	27910
the Revised Code, to the extent that the proposals or applications	27911
consist of trade secrets or other proprietary information.	27912

Any materials or data submitted to, made available to, or	27913
received by the ~~Ohio air quality~~department of development	27914
~~authority~~ or the director of the Ohio coal development office in	27915
connection with agreements for assistance entered into under this	27916
chapter or Chapter 1555. of the Revised Code, or any information	27917
taken from those materials or data for any purpose, to the extent	27918
that the materials or data consist of trade secrets or other	27919
proprietary information, are not public records for the purposes	27920
of section 149.43 of the Revised Code.	27921

As used in this division, "trade secrets" has the same	27922
meaning as in section 1333.61 of the Revised Code.	27923

Sec. 1555.02. It is hereby declared to be the public policy	27924
of this state through the operations of the Ohio coal development	27925
office under this chapter to contribute toward one or more of the	27926
following: to provide for the comfort, health, safety, and general	27927
welfare of all employees and other inhabitants of this state	27928
through research and development directed toward the discovery of	27929
new technologies or the demonstration or application of existing	27930
technologies to enable the conversion or use of Ohio coal as a	27931
fuel or chemical feedstock in an environmentally acceptable manner	27932
thereby enhancing the marketability and fostering the use of this	27933
state's vast reserves of coal, to assist in the financing of coal	27934
research and development and coal research and development	27935
projects or facilities for persons doing business in this state	27936
and educational and scientific institutions located in this state,	27937
to create or preserve jobs and employment opportunities or improve	27938
the economic welfare of the people of this state, or to assist and	27939
cooperate with such persons and educational and scientific	27940
institutions in conducting coal research and development. In	27941
furtherance of this public policy, the Ohio coal development	27942
office, with the advice of the technical advisory committee	27943
created in section 1551.35 of the Revised Code ~~and the affirmative~~	27944
~~vote of a majority of the members of the Ohio air quality~~	27945
~~development authority~~, may make loans, guarantee loans, and make	27946
grants to persons doing business in this state or to educational	27947
or scientific institutions located in this state for coal research	27948
and development projects by such persons or educational or	27949
scientific institutions; may, with the advice of the technical	27950
advisory committee ~~and the affirmative vote of a majority of the~~	27951
~~members of the Ohio air quality development authority~~, request the	27952
issuance of coal research and development general obligations	27953
under section 151.07 of the Revised Code to provide funds for	27954
making such loans, loan guarantees, and grants; and may, with the	27955
advice of the technical advisory committee ~~and the affirmative~~	27956
~~vote of a majority of the members of the Ohio air quality~~	27957
~~development authority~~, expend moneys credited to the coal research	27958
and development fund created in section 1555.15 of the Revised	27959
Code for the purpose of making such loans, loan guarantees, and	27960
grants. Determinations by the director of the Ohio coal	27961
development office that coal research and development or a coal	27962
research and development facility is a coal research and	27963
development project under this chapter and is consistent with the	27964
purposes of Section 15 of Article VIII, Ohio Constitution, and	27965
this chapter shall be conclusive as to the validity and	27966
enforceability of the coal research and development general	27967
obligations issued to finance such project and of the	27968
authorizations, trust agreements or indentures, loan agreements,	27969
loan guarantee agreements, or grant agreements, and other	27970
agreements made in connection therewith, all in accordance with	27971
their terms.	27972

Sec. 1555.03. For the purposes of this chapter, the director	27973
of the Ohio coal development office may:	27974

(A) With the advice of the technical advisory committee	27975
created in section 1551.35 of the Revised Code ~~and the affirmative~~	27976
~~vote of a majority of the members of the Ohio air quality~~	27977
~~development authority~~, make loans, guarantee loans, and make	27978
grants to persons doing business in this state or to educational	27979
or scientific institutions located in this state for coal research	27980
and development projects by any such person or educational or	27981
scientific institution and adopt rules under Chapter 119. of the	27982
Revised Code for making such loans, guarantees, and grants.	27983

(B) In making loans, loan guarantees, and grants under	27984
division (A) of this section and section 1555.04 of the Revised	27985
Code, the director of the office shall ensure that an adequate	27986
portion of the total amount of those loans, loan guarantees, and	27987
grants, as determined by the director with the advice of the	27988
technical advisory committee, is used for conducting research on	27989
fundamental scientific problems related to the utilization of Ohio	27990
coal and shall ensure, to the maximum feasible extent, joint	27991
financial participation by the federal government or other	27992
investors or interested parties in conjunction with any such loan,	27993
loan guarantee, or grant. The director, in each grant agreement or	27994
contract under division (A) of this section, loan contract or	27995
agreement under this division or section 1555.04 of the Revised	27996
Code, and contract of guarantee under section 1555.05 of the	27997
Revised Code, shall require that the facility or project be	27998
maintained and kept in good condition and repair by the person or	27999
educational or scientific institution to whom the grant or loan	28000
was made or for whom the guarantee was made.	28001

(C) From time to time, with the advice of the technical	28002
advisory committee ~~and the affirmative vote of a majority of the~~	28003
~~members of the Ohio air quality development authority~~, request the	28004
issuance of coal research and development general obligations	28005
under section 151.07 of the Revised Code, for any of the purposes	28006
set forth in Section 15 of Article VIII, Ohio Constitution, and	28007
subject to the limitations therein upon the aggregate total amount	28008
of obligations that may be outstanding at any time.	28009

(D) Include as a condition of any loan, loan guarantee, or	28010
grant contract or agreement with any such person or educational or	28011
scientific institution that the director of the office receive, in	28012
addition to payments of principal and interest on any such loan or	28013
service charges for any such guarantee, as appropriate, as	28014
authorized by Section 15, Article VIII, Ohio Constitution, a	28015
reasonable royalty or portion of the income or profits arising out	28016
of the developments, discoveries, or inventions, including patents	28017
or copyrights, that result in whole or in part from coal research	28018
and development projects conducted under any such contract or	28019
agreement, in such amounts and for such period of years as may be	28020
negotiated and provided by the contract or agreement in advance of	28021
the making of the grant, loan, or loan guarantee. Moneys received	28022
by the director of the office under this section may be credited	28023
to the coal research and development bond service fund or used to	28024
make additional loans, loan guarantees, grants, or agreements	28025
under this section.	28026

(E) Employ managers, superintendents, and other employees and	28027
retain or contract with consulting engineers, financial	28028
consultants, accounting experts, architects, and such other	28029
consultants and independent contractors as are necessary in the	28030
judgment of the director of the office to carry out this chapter,	28031
and fix the compensation thereof.	28032

(F) Receive and accept from any federal agency, subject to	28033
the approval of the governor, grants for or in aid of the	28034
construction or operation of any coal research and development	28035
project or for coal research and development, and receive and	28036
accept aid or contributions from any source of money, property,	28037
labor, or other things of value, to be held, used, and applied	28038
only for the purposes for which such grants and contributions are	28039
made.	28040

(G) Purchase fire and extended coverage and liability	28041
insurance for any coal research and development project, insurance	28042
protecting the office and its officers and employees against	28043
liability for damage to property or injury to or death of persons	28044
arising from its operations, and any other insurance the director	28045
of the office determines necessary or proper under this chapter.	28046
Any moneys received by the director from the proceeds of any such	28047
insurance with respect to a coal research and development project	28048
and any moneys received by the director from the proceeds of any	28049
settlement, judgment, foreclosure, or other insurance with respect	28050
to a coal research and development project or facility shall be	28051
credited to the coal research and development bond service fund.	28052

(H) In the exercise of the powers of the director of the	28053
office under this chapter, call to the director's assistance,	28054
temporarily, from time to time, any engineers, technical experts,	28055
financial experts, and other employees in any state department,	28056
agency, or commission, or in the Ohio state university, or other	28057
educational institutions financed wholly or partially by this	28058
state for purposes of assisting the director of the office with	28059
reviewing and evaluating applications for financial assistance	28060
under this chapter, monitoring performance of coal research and	28061
development projects receiving financial assistance under this	28062
chapter, and reviewing and evaluating the progress and findings of	28063
those projects. Such engineers, experts, and employees shall not	28064
receive any additional compensation over that which they receive	28065
from the department, agency, commission, or educational	28066
institution by which they are employed, but they shall be	28067
reimbursed for their actual and necessary expenses incurred while	28068
working under the direction of the director.	28069

(I) Do all acts necessary or proper to carry out the powers	28070
expressly granted in this chapter.	28071

Sec. 1555.04. (A) With respect to coal research and	28072
development projects financed wholly or partially from a loan or	28073
loan guarantee under this chapter, the director of the Ohio coal	28074
development office, in addition to other powers under this	28075
chapter, with the advice of the technical advisory committee	28076
created in section 1551.35 of the Revised Code ~~and the affirmative~~	28077
~~vote of a majority of the members of the Ohio air quality~~	28078
~~development authority~~, may enter into loan agreements, accept	28079
notes and other forms of obligation to evidence such indebtedness	28080
and mortgages, liens, pledges, assignments, or other security	28081
interests to secure such indebtedness, which may be prior or	28082
subordinate to or on a parity with other indebtedness,	28083
obligations, mortgages, pledges, assignments, other security	28084
interests, or liens or encumbrances, and take such actions as the	28085
director of the office considers appropriate to protect such	28086
security and safeguard against losses, including, without	28087
limitation, foreclosure and the bidding upon and purchase of	28088
property upon foreclosure or other sale.	28089

(B) The authority granted by this section is cumulative and	28090
supplementary to all other authority granted in this chapter. The	28091
authority granted by this section does not alter or impair any	28092
similar authority granted elsewhere in this chapter with respect	28093
to other projects.	28094

Sec. 1555.05. (A) Subject to any limitations as to aggregate	28095
amounts thereof that may from time to time be prescribed by the	28096
general assembly and to other applicable provisions of this	28097
chapter, and subject to the one-hundred-million-dollar limitation	28098
provided in Section 15 of Article VIII, Ohio Constitution, the	28099
director of the Ohio coal development office, on behalf of this	28100
state, with the advice of the technical advisory committee created	28101
in section 1551.35 of the Revised Code ~~and the affirmative vote of~~	28102
~~a majority of the members of the Ohio air quality development~~	28103
~~authority~~, may enter into contracts to guarantee the repayment or	28104
payment of the unpaid principal amount of loans made to pay the	28105
costs of coal research and development projects.	28106

(B) The contract of guarantee may make provision for the	28107
conditions of, time for, and manner of fulfillment of the	28108
guarantee commitment, subrogation of this state to the rights of	28109
the parties guaranteed and exercise of such parties' rights by the	28110
state, giving the state the option of making payment of the	28111
principal amount guaranteed in one or more installments and, if	28112
deferred, to pay interest thereon from the source specified in	28113
division (A) of this section, and any other terms or conditions	28114
customary to such guarantees and as the director of the office may	28115
approve, and may contain provisions for securing the guarantee in	28116
the manner consistent with this section, covenants on behalf of	28117
this state to issue obligations under section 1555.08 of the	28118
Revised Code to provide moneys to fulfill such guarantees and	28119
covenants, and covenants restricting the aggregate amount of	28120
guarantees that may be contracted under this section and	28121
obligations that may be issued under section 151.07 of the Revised	28122
Code, and terms pertinent to either, to better secure the parties	28123
guaranteed.	28124

(C) The director of the office may fix service charges for	28125
making a guarantee. Such charges shall be payable at such times	28126
and place and in such amounts and manner as may be prescribed by	28127
the director. Moneys received from such charges shall be credited	28128
to the coal research and development bond service fund.	28129

(D) Any guaranteed parties under this section, by any	28130
suitable form of legal proceedings and except to the extent that	28131
their rights are restricted by the guarantee documents, may	28132
protect and enforce any rights under the laws of this state or	28133
granted by such guarantee or guarantee documents. Such rights	28134
include the right to compel the performance of all duties of the	28135
office required by this section or the guarantee or guarantee	28136
documents; and in the event of default with respect to the payment	28137
of any guarantees, to apply to a court having jurisdiction of the	28138
cause to appoint a receiver to receive and administer the moneys	28139
pledged to such guarantee with full power to pay, and to provide	28140
for payment of, such guarantee, and with such powers, subject to	28141
the direction of the court, as are accorded receivers in general	28142
equity cases, excluding any power to pledge or apply additional	28143
revenues or receipts or other income or moneys of this state. Each	28144
duty of the office and its director and employees required or	28145
undertaken under this section or a guarantee made under this	28146
section is hereby established as a duty of the office and of its	28147
director and each such employee having authority to perform such	28148
duty, specifically enjoined by the law resulting from an office,	28149
trust, or station within the meaning of section 2731.01 of the	28150
Revised Code. The persons who are at the time the director of the	28151
office, or its employees, are not liable in their personal	28152
capacities on any guarantees or contracts to make guarantees by	28153
the director.	28154

Sec. 1555.06. Upon application by the director of the Ohio	28155
coal development office ~~with the affirmative vote of a majority of~~	28156
~~the members of the Ohio air quality development authority~~, the	28157
controlling board, from appropriations available to the board, may	28158
provide funds for surveys or studies by the office of any proposed	28159
coal research and development project subject to repayment by the	28160
office from funds available to it, within the time fixed by the	28161
board. Funds to be repaid shall be charged by the office to the	28162
appropriate coal research and development project and the amount	28163
thereof shall be a cost of the project. This section does not	28164
abrogate the authority of the controlling board to otherwise	28165
provide funds for use by the office in the exercise of the powers	28166
granted to it by this chapter.	28167

Sec. 1555.08. (A) Subject to the limitations provided in	28168
Section 15 of Article VIII, Ohio Constitution, the commissioners	28169
of the sinking fund, upon certification by the director of the	28170
Ohio coal development office of the amount of moneys or additional	28171
moneys needed in the coal research and development fund for the	28172
purpose of making grants or loans for allowable costs, or needed	28173
for capitalized interest, for funding reserves, and for paying	28174
costs and expenses incurred in connection with the issuance,	28175
carrying, securing, paying, redeeming, or retirement of the	28176
obligations or any obligations refunded thereby, including payment	28177
of costs and expenses relating to letters of credit, lines of	28178
credit, insurance, put agreements, standby purchase agreements,	28179
indexing, marketing, remarketing and administrative arrangements,	28180
interest swap or hedging agreements, and any other credit	28181
enhancement, liquidity, remarketing, renewal, or refunding	28182
arrangements, all of which are authorized by this section, or	28183
providing moneys for loan guarantees, shall issue obligations of	28184
the state under this section in amounts authorized by the general	28185
assembly; provided that such obligations may be issued to the	28186
extent necessary to satisfy the covenants in contracts of	28187
guarantee made under section 1555.05 of the Revised Code to issue	28188
obligations to meet such guarantees, notwithstanding limitations	28189
otherwise applicable to the issuance of obligations under this	28190
section except the one-hundred-million-dollar limitation provided	28191
in Section 15 of Article VIII, Ohio Constitution. The proceeds of	28192
such obligations, except for the portion to be deposited in the	28193
coal research and development bond service fund as may be provided	28194
in the bond proceedings, shall as provided in the bond proceedings	28195
be deposited in the coal research and development fund. The	28196
commissioners of the sinking fund may appoint trustees, paying	28197
agents, and transfer agents and may retain the services of	28198
financial advisors, accounting experts, and attorneys, and retain	28199
or contract for the services of marketing, remarketing, indexing,	28200
and administrative agents, other consultants, and independent	28201
contractors, including printing services, as are necessary in	28202
their judgment to carry out this section.	28203

(B) The full faith and credit of the state of Ohio is hereby	28204
pledged to obligations issued under this section. The right of the	28205
holders and owners to payment of bond service charges is limited	28206
to all or that portion of the moneys pledged thereto pursuant to	28207
the bond proceedings in accordance with this section, and each	28208
such obligation shall bear on its face a statement to that effect.	28209

(C) Obligations shall be authorized by resolution of the	28210
commissioners of the sinking fund on request of the director of	28211
the Ohio coal development office as provided in section 1555.02 of	28212
the Revised Code and the bond proceedings shall provide for the	28213
purpose thereof and the principal amount or amounts, and shall	28214
provide for or authorize the manner or agency for determining the	28215
principal maturity or maturities, not exceeding forty years from	28216
the date of issuance, the interest rate or rates or the maximum	28217
interest rate, the date of the obligations and the dates of	28218
payment of interest thereon, their denomination, and the	28219
establishment within or without the state of a place or places of	28220
payment of bond service charges. Sections 9.98 to 9.983 of the	28221
Revised Code apply to obligations issued under this section. The	28222
purpose of such obligations may be stated in the bond proceedings	28223
in terms describing the general purpose or purposes to be served.	28224
The bond proceedings shall also provide, subject to the provisions	28225
of any other applicable bond proceedings, for the pledge of all,	28226
or such part as the commissioners of the sinking fund may	28227
determine, of the moneys credited to the coal research and	28228
development bond service fund to the payment of bond service	28229
charges, which pledges may be made either prior or subordinate to	28230
other expenses, claims, or payments and may be made to secure the	28231
obligations on a parity with obligations theretofore or thereafter	28232
issued, if and to the extent provided in the bond proceedings. The	28233
moneys so pledged and thereafter received by the state are	28234
immediately subject to the lien of such pledge without any	28235
physical delivery thereof or further act, and the lien of any such	28236
pledges is valid and binding against all parties having claims of	28237
any kind against the state or any governmental agency of the	28238
state, irrespective of whether such parties have notice thereof,	28239
and shall create a perfected security interest for all purposes of	28240
Chapter 1309. of the Revised Code, without the necessity for	28241
separation or delivery of funds or for the filing or recording of	28242
the bond proceedings by which such pledge is created or any	28243
certificate, statement, or other document with respect thereto;	28244
and the pledge of such moneys is effective and the money therefrom	28245
and thereof may be applied to the purposes for which pledged	28246
without necessity for any act of appropriation. Every pledge, and	28247
every covenant and agreement made with respect thereto, made in	28248
the bond proceedings may therein be extended to the benefit of the	28249
owners and holders of obligations authorized by this section, and	28250
to any trustee therefor, for the further security of the payment	28251
of the bond service charges.	28252

(D) The bond proceedings may contain additional provisions as	28253
to:	28254

(1) The redemption of obligations prior to maturity at the	28255
option of the commissioners of the sinking fund at such price or	28256
prices and under such terms and conditions as are provided in the	28257
bond proceedings;	28258

(2) Other terms of the obligations;

28259

(3) Limitations on the issuance of additional obligations;

28260

(4) The terms of any trust agreement or indenture securing	28261
the obligations or under which the obligations may be issued;	28262

(5) The deposit, investment, and application of the coal	28263
research and development bond service fund, and the safeguarding	28264
of moneys on hand or on deposit, without regard to Chapter 131. or	28265
135. of the Revised Code, but subject to any special provisions of	28266
this chapter, with respect to particular moneys; provided, that	28267
any bank or trust company which acts as depository of any moneys	28268
in the fund may furnish such indemnifying bonds or may pledge such	28269
securities as required by the commissioners of the sinking fund;	28270

(6) Any other provision of the bond proceedings being binding	28271
upon the commissioners of the sinking fund, or such other body or	28272
person as may from time to time have the authority under law to	28273
take such actions as may be necessary to perform all or any part	28274
of the duty required by such provision;	28275

(7) Any provision which may be made in a trust agreement or	28276
indenture;	28277

(8) Any other or additional agreements with the holders of	28278
the obligations, or the trustee therefor, relating to the	28279
obligations or the security therefor, including the assignment of	28280
mortgages or other security obtained or to be obtained for loans	28281
under this chapter.	28282

(E) The obligations may have the great seal of the state or a	28283
facsimile thereof affixed thereto or printed thereon. The	28284
obligations shall be signed by such members of the commissioners	28285
of the sinking fund as are designated in the resolution	28286
authorizing the obligations or bear the facsimile signatures of	28287
such members. Any coupons attached to the obligations shall bear	28288
the facsimile signature of the treasurer of state. Any obligations	28289
may be executed by the persons who, on the date of execution, are	28290
the commissioners although on the date of such bonds the persons	28291
were not the commissioners. Any coupons may be executed by the	28292
person who, on the date of execution, is the treasurer of state	28293
although on the date of such coupons the person was not the	28294
treasurer of state. In case any officer or commissioner whose	28295
signature or a facsimile of whose signature appears on any such	28296
obligations or any coupons ceases to be such officer or	28297
commissioner before delivery thereof, such signature or facsimile	28298
is nevertheless valid and sufficient for all purposes as if the	28299
individual had remained such officer or commissioner until such	28300
delivery; and in case the seal to be affixed to obligations has	28301
been changed after a facsimile of the seal has been imprinted on	28302
such obligations, such facsimile seal shall continue to be	28303
sufficient as to such obligations and obligations issued in	28304
substitution or exchange therefor.	28305

(F) All obligations except loan guarantees are negotiable	28306
instruments and securities under Chapter 1308. of the Revised	28307
Code, subject to the provisions of the bond proceedings as to	28308
registration. The obligations may be issued in coupon or in	28309
registered form, or both, as the commissioners of the sinking fund	28310
determine. Provision may be made for the registration of any	28311
obligations with coupons attached thereto as to principal alone or	28312
as to both principal and interest, their exchange for obligations	28313
so registered, and for the conversion or reconversion into	28314
obligations with coupons attached thereto of any obligations	28315
registered as to both principal and interest, and for reasonable	28316
charges for such registration, exchange, conversion, and	28317
reconversion.	28318

(G) Obligations may be sold at public sale or at private	28319
sale, as determined in the bond proceedings.	28320

(H) Pending preparation of definitive obligations, the	28321
commissioners of the sinking fund may issue interim receipts or	28322
certificates which shall be exchanged for such definitive	28323
obligations.	28324

(I) In the discretion of the commissioners of the sinking	28325
fund, obligations may be secured additionally by a trust agreement	28326
or indenture between the commissioners and a corporate trustee,	28327
which may be any trust company or bank having a place of business	28328
within the state. Any such agreement or indenture may contain the	28329
resolution authorizing the issuance of the obligations, any	28330
provisions that may be contained in any bond proceedings, and	28331
other provisions that are customary or appropriate in an agreement	28332
or indenture of such type, including, but not limited to:	28333

(1) Maintenance of each pledge, trust agreement, indenture,	28334
or other instrument comprising part of the bond proceedings until	28335
the state has fully paid the bond service charges on the	28336
obligations secured thereby, or provision therefor has been made;	28337

(2) In the event of default in any payments required to be	28338
made by the bond proceedings, or any other agreement of the	28339
commissioners of the sinking fund made as a part of the contract	28340
under which the obligations were issued, enforcement of such	28341
payments or agreement by mandamus, the appointment of a receiver,	28342
suit in equity, action at law, or any combination of the	28343
foregoing;	28344

(3) The rights and remedies of the holders of obligations and	28345
of the trustee, and provisions for protecting and enforcing them,	28346
including limitations on rights of individual holders of	28347
obligations;	28348

(4) The replacement of any obligations that become mutilated	28349
or are destroyed, lost, or stolen;	28350

(5) Such other provisions as the trustee and the	28351
commissioners of the sinking fund agree upon, including	28352
limitations, conditions, or qualifications relating to any of the	28353
foregoing.	28354

(J) Any holder of obligations or a trustee under the bond	28355
proceedings, except to the extent that the holder's rights are	28356
restricted by the bond proceedings, may by any suitable form of	28357
legal proceedings protect and enforce any rights under the laws of	28358
this state or granted by such bond proceedings. Such rights	28359
include the right to compel the performance of all duties of the	28360
commissioners of the sinking fund, the ~~Ohio air quality~~department	28361
of development ~~authority~~, or the Ohio coal development office	28362
required by this chapter and Chapter 1551. of the Revised Code or	28363
the bond proceedings; to enjoin unlawful activities; and in the	28364
event of default with respect to the payment of any bond service	28365
charges on any obligations or in the performance of any covenant	28366
or agreement on the part of the commissioners, the ~~authority~~	28367
department, or the office in the bond proceedings, to apply to a	28368
court having jurisdiction of the cause to appoint a receiver to	28369
receive and administer the moneys pledged, other than those in the	28370
custody of the treasurer of state, that are pledged to the payment	28371
of the bond service charges on such obligations or that are the	28372
subject of the covenant or agreement, with full power to pay, and	28373
to provide for payment of bond service charges on, such	28374
obligations, and with such powers, subject to the direction of the	28375
court, as are accorded receivers in general equity cases,	28376
excluding any power to pledge additional revenues or receipts or	28377
other income or moneys of the commissioners of the sinking fund or	28378
the state or governmental agencies of the state to the payment of	28379
such principal and interest and excluding the power to take	28380
possession of, mortgage, or cause the sale or otherwise dispose of	28381
any project.	28382

Each duty of the commissioners of the sinking fund and their	28383
employees, and of each governmental agency and its officers,	28384
members, or employees, undertaken pursuant to the bond proceedings	28385
or any grant, loan, or loan guarantee agreement made under	28386
authority of this chapter, and in every agreement by or with the	28387
commissioners, is hereby established as a duty of the	28388
commissioners, and of each such officer, member, or employee	28389
having authority to perform such duty, specifically enjoined by	28390
the law resulting from an office, trust, or station within the	28391
meaning of section 2731.01 of the Revised Code.	28392

The persons who are at the time the commissioners of the	28393
sinking fund, or their employees, are not liable in their personal	28394
capacities on any obligations issued by the commissioners or any	28395
agreements of or with the commissioners.	28396

(K) Obligations issued under this section are lawful	28397
investments for banks, societies for savings, savings and loan	28398
associations, deposit guarantee associations, trust companies,	28399
trustees, fiduciaries, insurance companies, including domestic for	28400
life and domestic not for life, trustees or other officers having	28401
charge of sinking and bond retirement or other special funds of	28402
political subdivisions and taxing districts of this state, the	28403
commissioners of the sinking fund of the state, the administrator	28404
of workers' compensation, the state teachers retirement system,	28405
the public employees retirement system, the school employees	28406
retirement system, and the Ohio police and fire pension fund,	28407
notwithstanding any other provisions of the Revised Code or rules	28408
adopted pursuant thereto by any governmental agency of the state	28409
with respect to investments by them, and are also acceptable as	28410
security for the deposit of public moneys.	28411

(L) If the law or the instrument creating a trust pursuant to	28412
division (I) of this section expressly permits investment in	28413
direct obligations of the United States or an agency of the United	28414
States, unless expressly prohibited by the instrument, such moneys	28415
also may be invested in no-front-end-load money market mutual	28416
funds consisting exclusively of obligations of the United States	28417
or an agency of the United States and in repurchase agreements,	28418
including those issued by the fiduciary itself, secured by	28419
obligations of the United States or an agency of the United	28420
States; and in collective investment funds established in	28421
accordance with section 1111.14 of the Revised Code and consisting	28422
exclusively of any such securities, notwithstanding division	28423
(A)(1)(c) of that section. The income from such investments shall	28424
be credited to such funds as the commissioners of the sinking fund	28425
determine, and such investments may be sold at such times as the	28426
commissioners determine or authorize.	28427

(M) Provision may be made in the applicable bond proceedings	28428
for the establishment of separate accounts in the bond service	28429
fund and for the application of such accounts only to the	28430
specified bond service charges on obligations pertinent to such	28431
accounts and bond service fund and for other accounts therein	28432
within the general purposes of such fund. Moneys to the credit of	28433
the bond service fund shall be disbursed on the order of the	28434
treasurer of state; provided, that no such order is required for	28435
the payment from the bond service fund when due of bond service	28436
charges on obligations.	28437

(N) The commissioners of the sinking fund may pledge all, or	28438
such portion as they determine, of the receipts of the bond	28439
service fund to the payment of bond service charges on obligations	28440
issued under this section, and for the establishment and	28441
maintenance of any reserves, as provided in the bond proceedings,	28442
and make other provisions therein with respect to pledged receipts	28443
as authorized by this chapter, which provisions control	28444
notwithstanding any other provisions of law pertaining thereto.	28445

(O) The commissioners of the sinking fund may covenant in the	28446
bond proceedings, and any such covenants control notwithstanding	28447
any other provision of law, that the state and applicable officers	28448
and governmental agencies of the state, including the general	28449
assembly, so long as any obligations are outstanding, shall:	28450

(1) Maintain statutory authority for and cause to be levied	28451
and collected taxes so that the pledged receipts are sufficient in	28452
amount to meet bond service charges, and the establishment and	28453
maintenance of any reserves and other requirements provided for in	28454
the bond proceedings, and, as necessary, to meet covenants	28455
contained in any loan guarantees made under this chapter;	28456

(2) Take or permit no action, by statute or otherwise, that	28457
would impair the exemption from federal income taxation of the	28458
interest on the obligations.	28459

(P) All moneys received by or on account of the state and	28460
required by the applicable bond proceedings, consistent with this	28461
section, to be deposited, transferred, or credited to the coal	28462
research and development bond service fund, and all other moneys	28463
transferred or allocated to or received for the purposes of the	28464
fund, shall be credited to such fund and to any separate accounts	28465
therein, subject to applicable provisions of the bond proceedings,	28466
but without necessity for any act of appropriation. During the	28467
period beginning with the date of the first issuance of	28468
obligations and continuing during such time as any such	28469
obligations are outstanding, and so long as moneys in the bond	28470
service fund are insufficient to pay all bond service charges on	28471
such obligations becoming due in each year, a sufficient amount of	28472
moneys of the state are committed and shall be paid to the bond	28473
service fund in each year for the purpose of paying the bond	28474
service charges becoming due in that year without necessity for	28475
further act of appropriation for such purpose. The bond service	28476
fund is a trust fund and is hereby pledged to the payment of bond	28477
service charges to the extent provided in the applicable bond	28478
proceedings, and payment thereof from such fund shall be made or	28479
provided for by the treasurer of state in accordance with such	28480
bond proceedings without necessity for any act of appropriation.	28481
All investment earnings of the fund shall be credited to the fund.	28482

(Q) For purposes of establishing the limitations contained in	28483
Section 15 of Article VIII, Ohio Constitution, the "principal	28484
amount" refers to the aggregate of the offering price of the bonds	28485
or notes. "Principal amount" does not refer to the aggregate value	28486
at maturity or redemption of the bonds or notes.	28487

(R) This section applies only with respect to obligations	28488
issued and delivered prior to September 30, 2000.	28489

Sec. 1555.17. All final actions of the director of the Ohio	28490
coal development office shall be journalized and such journal	28491
shall be open to inspection of the public at all reasonable times.	28492
Any materials or data, to the extent that they consist of trade	28493
secrets, as defined in section 1333.61 of the Revised Code, or	28494
other proprietary information, that are submitted or made	28495
available to, or received by, the ~~Ohio air quality~~department of	28496
development ~~authority~~ or the director of the Ohio coal development	28497
office, in connection with agreements for assistance entered into	28498
under this chapter or Chapter 1551. of the Revised Code, or any	28499
information taken from those materials or data, are not public	28500
records for the purposes of section 149.43 of the Revised Code.	28501

Sec. 1561.06. The chief of the division of mineral resources	28502
management shall designate the townships in which mineable or	28503
quarryable coal or other mineral is or may be mined or quarried,	28504
which townships shall be considered coal or mineral bearing	28505
townships. The chief shall divide the coal or other mineral	28506
bearing townships into such districts as the chief deems best for	28507
inspection purposes, and the chief may change such districts	28508
whenever, in the chief's judgment, the best interests of the	28509
service require.	28510

The chief shall designate as provided in this section as coal	28511
or mineral bearing townships those townships in which coal is	28512
being mined or in which coal is found in such thickness as to make	28513
the mining of ~~such~~the coal or mineral probable at some future	28514
time, and shall designate ~~such~~the township as a unit. As used in	28515
this chapter and Chapters 1563., 1565., and 1567. of the Revised	28516
Code, "coal or mineral bearing township" means a township that has	28517
been so designated by the chief under this section.	28518

The chief shall also designate the townships in which coal is	28519
being mined or in which coal is found in such thickness as to make	28520
the mining of ~~such~~the coal probable at some future time as "coal	28521
bearing townships" as ~~such~~that term is used in Chapter 1509. of	28522
the Revised Code. The chief shall certify to the chief of the	28523
division of oil and gas resources management the townships that	28524
are designated as coal bearing townships.	28525

Sec. 1561.12. An applicant for any examination or	28526
certificate under this section shall, before being examined,	28527
register the applicant's name with the chief of the division of	28528
mineral resources management and file with the chief an affidavit	28529
as to all matters of fact establishing the applicant's right to	28530
receive the examination, a certificate of good character and	28531
temperate habits signed by at least three reputable citizens of	28532
the community in which the applicant resides, and a certificate	28533
from a reputable and disinterested physician as to the physical	28534
condition of ~~such~~the applicant showing that the applicant is	28535
physically capable of performing the duties of the office or	28536
position.	28537

Each applicant for examination for any of the following	28538
positions shall present evidence satisfactory to the chief that	28539
the applicant has been a resident and citizen of this state for	28540
two years next preceding the date of application:	28541

(A) An applicant for the position of deputy mine inspector of	28542
underground mines shall have had actual practical experience of	28543
not less than six years, at least two of which shall have been in	28544
the underground workings of mines in this state. In the case of an	28545
applicant who would inspect underground coal mines, the two years	28546
shall consist of actual practical experience in underground coal	28547
mines. In the case of an applicant who would inspect noncoal	28548
mines, the two years shall consist of actual practical experience	28549
in noncoal mines. In lieu of two years of the actual practical	28550
experience required, the chief may accept as the equivalent	28551
thereof a certificate evidencing graduation from an accredited	28552
school of mines or mining, after a four-year course of study, but	28553
such credit shall not apply as to the two years' actual practical	28554
experience required in the mines in this state.	28555

The applicant shall pass an examination as to the applicant's	28556
practical and technological knowledge of mine surveying, mining	28557
machinery, and appliances; the proper development and operation of	28558
mines; the best methods of working and ventilating mines; the	28559
nature, properties, and powers of noxious, poisonous, and	28560
explosive gases, particularly methane; the best means and methods	28561
of detecting, preventing, and removing the accumulation of such	28562
gases; the use and operation of gas detecting devices and	28563
appliances; first aid to the injured; and the uses and dangers of	28564
electricity as applied and used in, at, and around mines. ~~Such~~The	28565
applicant shall also hold a certificate for foreperson of gaseous	28566
mines issued by the chief.	28567

(B) An applicant for the position of deputy mine inspector of	28568
surface mines shall have had actual practical mining experience of	28569
not less than six years, at least two of which shall have been in	28570
surface mines in this state. In lieu of two years of the actual	28571
practical experience required, the chief may accept as the	28572
equivalent thereof a certificate evidencing graduation from an	28573
accredited school of mines or mining, after a four-year course of	28574
study, but that credit shall not apply as to the two years' actual	28575
practical experience required in the mines in this state. The	28576
applicant shall pass an examination as to the applicant's	28577
practical and technological knowledge of surface mine surveying,	28578
machinery, and appliances; the proper development and operations	28579
of surface mines; first aid to the injured; and the use and	28580
dangers of explosives and electricity as applied and used in, at,	28581
and around surface mines. The applicant shall also hold a surface	28582
mine foreperson certificate issued by the chief.	28583

(C) An applicant for the position of electrical inspector	28584
shall have had at least five years' practical experience in the	28585
installation and maintenance of electrical circuits and equipment	28586
in mines, and the applicant shall be thoroughly familiar with the	28587
principles underlying the safety features of permissible and	28588
approved equipment as authorized and used in mines.	28589

The applicant shall be required to pass the examination	28590
required for deputy mine inspectors and an examination testing and	28591
determining the applicant's qualification and ability to	28592
competently inspect and administer the mining law that relates to	28593
electricity used in and around mines and mining in this state.	28594

(D) An applicant for the position of superintendent or	28595
assistant superintendent of rescue stations shall possess the same	28596
qualifications as those required for a deputy mine inspector. In	28597
addition, the applicant shall present evidence satisfactory to the	28598
chief that the applicant is sufficiently qualified and trained to	28599
organize, supervise, and conduct group training classes in first	28600
aid, safety, and rescue work.	28601

The applicant shall pass the examination required for deputy	28602
mine inspectors and shall be tested as to the applicant's	28603
practical and technological experience and training in first aid,	28604
safety, and mine rescue work.	28605

(E) An applicant for the position of mine chemist shall have	28606
such educational training as is represented by the degree MS in	28607
chemistry from a university of recognized standing, and at least	28608
five years of actual practical experience in research work in	28609
chemistry or as an assistant chemist. The chief may provide that	28610
an equivalent combination of education and experience together	28611
with a wide knowledge of the methods of and skill in chemical	28612
analysis and research may be accepted in lieu of the above	28613
qualifications. It is preferred that ~~such~~the chemist shall have	28614
had actual experience in mineralogy and metallurgy.	28615

~~(F) An applicant for the position of gas storage well~~	28616
~~inspector shall possess the same qualifications as an applicant~~	28617
~~for the position of deputy mine inspector and shall have a~~	28618
~~practical knowledge and experience of and in the operation,~~	28619
~~location, drilling, maintenance, and abandonment of oil and gas~~	28620
~~wells, especially in coal or mineral bearing townships, and shall~~	28621
~~have a thorough knowledge of the latest and best method of~~	28622
~~plugging and sealing abandoned oil and gas wells.~~	28623

~~Such applicant for gas storage well inspector shall pass an~~	28624
~~examination conducted by the chief to determine the applicant's~~	28625
~~fitness to act as a gas storage well inspector before being~~	28626
~~eligible for appointment.~~	28627

Sec. 1561.13. The chief of the division of mineral resources	28628
management shall conduct examinations for offices and positions in	28629
the division of mineral resources management, and for mine	28630
forepersons, mine electricians, shot firers, surface mine	28631
blasters, and fire bosses, as follows:	28632

(A) Division of mineral resources management:

28633

(1) Deputy mine inspectors of underground mines;

28634

(2) Deputy mine inspectors of surface mines;

28635

(3) Electrical inspectors;

28636

(4) Superintendent of rescue stations;

28637

(5) Assistant superintendents of rescue stations;

28638

(6) Mine chemists at a division laboratory if the chief	28639
chooses to operate a laboratory;	28640

~~(7) Gas storage well inspector~~.

28641

(B) Mine forepersons:

28642

(1) Mine foreperson of gaseous mines;

28643

(2) Mine foreperson of nongaseous mines;

28644

(3) Mine foreperson of surface mines.

28645

28646

(1) Foreperson of gaseous mines;

28647

(2) Foreperson of nongaseous mines;

28648

(3) Foreperson of surface maintenance facilities at	28649
underground or surface mines;	28650

(4) Foreperson of surface mines.

28651

(D) Fire bosses.

28652

(E) Mine electricians.

28653

(F) Surface mine blasters.

28654

(G) Shot firers.

28655

The chief annually shall provide for the examination of	28656
candidates for appointment or promotion as deputy mine inspectors	28657
and such other positions and offices set forth in division (A) of	28658
this section as are necessary. Special examinations may be held	28659
whenever it becomes necessary to make appointments to any of those	28660
positions.	28661

The chief shall provide for the examination of persons	28662
seeking certificates of competency as mine forepersons,	28663
forepersons, mine electricians, shot firers, surface mine	28664
blasters, and fire bosses quarterly or more often as required, at	28665
such times and places within the state as shall, in the judgment	28666
of the chief, afford the best facilities to the greatest number of	28667
applicants. Public notice shall be given through the press or	28668
otherwise, not less than ten days in advance, announcing the time	28669
and place at which examinations under this section are to be held.	28670

The examinations provided for in this section shall be	28671
conducted under rules adopted under section 1561.05 of the Revised	28672
Code and conditions prescribed by the chief. Any rules that relate	28673
to particular candidates shall, upon application of any candidate,	28674
be furnished to the candidate by the chief; they shall also be of	28675
uniform application to all candidates in the several groups.	28676

Sec. 1561.35. If the deputy mine inspector finds that any	28677
matter, thing, or practice connected with any mine and not	28678
prohibited specifically by law is dangerous or hazardous, or that	28679
from a rigid enforcement of this chapter and Chapters ~~1509.,~~	28680
1563., 1565., and 1567. and applicable provisions of Chapter 1509.	28681
of the Revised Code, the matter, thing, or practice would become	28682
dangerous and hazardous so as to tend to the bodily injury of any	28683
person, the deputy mine inspector forthwith shall give notice in	28684
writing to the owner, lessee, or agent of the mine of the	28685
particulars in which the deputy mine inspector considers the mine	28686
or any matter, thing, or practice connected therewith is dangerous	28687
or hazardous and recommend changes that the conditions require,	28688
and forthwith shall mail a copy of the report and the deputy mine	28689
inspector's recommendations to the chief of the division of	28690
mineral resources management. Upon receipt of the report and	28691
recommendations, the chief forthwith shall make a finding thereon	28692
and mail a copy to the owner, operator, lessee, or agent of the	28693
mine, and to the deputy mine inspector; a copy of the finding of	28694
the chief shall be posted upon the bulletin board of the mine.	28695
Where the miners have a mine safety committee, one additional copy	28696
shall be posted on the bulletin board for the use and possession	28697
of the committee.	28698

The owner, operator, lessee, or agent of the mine, or the	28699
authorized representative of the workers of the mine, within ten	28700
days may appeal to the reclamation commission for a review and	28701
redetermination of the finding of the chief in the matter in	28702
accordance with section 1513.13 of the Revised Code,	28703
notwithstanding division (A)(1) of that section, which provides	28704
for appeals within thirty days. A copy of the decision of the	28705
commission shall be mailed as required by this section for the	28706
mailing of the finding by the chief on the deputy mine inspector's	28707
report.	28708

Sec. 1561.49. The chief of the division of mineral resources	28709
management may designate not more than thirty deputy mine	28710
inspectors, at least one of whom shall be classified and appointed	28711
as electrical inspector provided for in division (B) of section	28712
1561.12 of the Revised Code; ~~one gas storage well inspector;~~ one	28713
superintendent of rescue stations; three assistant superintendents	28714
of rescue stations; three chemists; and such clerks,	28715
stenographers, and other employees as are necessary for the	28716
administration of this chapter and Chapters 1563., 1565., and	28717
1567., and applicable provisions of Chapter 1509. of the Revised	28718
Code.	28719

Such officers, employees, and personnel shall be appointed	28720
and employed under such conditions and qualifications as set forth	28721
in ~~such~~those chapters.	28722

Sec. 1563.06. For the purpose of making the examinations	28723
provided for in this chapter and Chapters ~~1509.,~~ 1561., 1565., and	28724
1567. and applicable provisions of Chapter 1509. of the Revised	28725
Code, the chief of the division of mineral resources management,	28726
and each deputy mine inspector, may enter any mine at a reasonable	28727
time, by day or by night, but in such manner as will not	28728
necessarily impede the working of the mine, and the owner, lessee,	28729
or agent thereof shall furnish the means necessary for such entry	28730
and examination.	28731

Sec. 1563.24. In all mines generating methane in such	28732
quantities as to be considered a gaseous mine under section	28733
1563.02 of the Revised Code, the mine foreperson of such a mine	28734
shall:	28735

(A) Employ a sufficient number of competent persons holding	28736
foreperson of gaseous mines or fire boss certificates, except as	28737
provided in section 1565.02 of the Revised Code, to examine the	28738
working places whether they are in actual course of working or	28739
not, and the traveling ways and entrances to old workings with	28740
approved flame safety lamps, all of which shall be done not more	28741
than three hours prior to the time fixed for the employees to	28742
enter ~~such~~the mine;	28743

(B) Have all old parts of the mine not in the actual course	28744
of working, but that are open and safe to travel, examined not	28745
less than once each three days by a competent person who holds a	28746
foreperson of gaseous mines or a fire boss certificate;	28747

(C) See that all parts of the mine not sealed off as provided	28748
in section 1563.41 of the Revised Code are kept free from standing	28749
gas, and upon the discovery of any standing gas, see that the	28750
entrance to the place where the gas is so discovered is fenced off	28751
and marked with a sign upon which is written the word "danger,"	28752
and ~~such~~the sign shall so remain until ~~such~~the gas has been	28753
removed;	28754

(D) Have the mine examined on all idle days, holidays, and	28755
Sundays on which employees are required to work therein;	28756

(E) If more than three hours elapse between shifts, have the	28757
places in which the succeeding shift works examined by a competent	28758
person who holds a foreperson of gaseous mines or fire boss	28759
certificate;	28760

(F) See that this chapter and Chapters ~~1509.,~~ 1561., 1565.,	28761
and 1567. and applicable provisions of Chapter 1509. of the	28762
Revised Code, with regard to examination of working places,	28763
removal of standing gas, and fencing off of dangerous places, are	28764
complied with before the employees employed by the mine foreperson	28765
for this particular work are permitted to do any other work;	28766

(G) Have a report made on the blackboard provided for in	28767
section 1567.06 of the Revised Code, which report shall show the	28768
condition of the mine as to the presence of gas and the place	28769
where such gas is present, if there is any, before the mine	28770
foreperson permits the employees to enter the mine;	28771

(H) Have reports of the duties and activities enumerated in	28772
this section signed by the person who makes ~~such~~the examination.	28773
The reports so signed shall be sent once each week to the deputy	28774
mine inspector of the district in which the mine is located on	28775
blanks furnished by the division of mineral resources management	28776
for that purpose, and a copy of ~~such~~the report shall be kept on	28777
file at the mine.	28778

(I) Have the fire boss record a report after each	28779
examination, in ink, in the fire boss' record book, which book	28780
shall show the time taken in making the examination and also	28781
clearly state the nature and location of any danger that was	28782
discovered in any room, entry, or other place in the mine, and, if	28783
any danger was discovered, the fire boss shall immediately report	28784
the location thereof to the mine foreperson.	28785

No person shall enter the mine until the fire bosses return	28786
to the mine office on the surface, or to a station located in the	28787
mine, where a record book as provided for in this section shall be	28788
kept and signed by the person making the examination, and report	28789
to the oncoming mine foreperson that the mine is in safe condition	28790
for the employees to enter. When a station is located in any mine,	28791
the fire bosses shall sign also the report entered in the record	28792
book in the mine office on the surface. The record books of the	28793
fire bosses shall at all times during working hours be accessible	28794
to the deputy mine inspector and the employees of the mine.	28795

In every mine generating explosive gas in quantities	28796
sufficient to be detected by an approved flame safety lamp, when	28797
the working portions are one mile or more from the entrance to the	28798
mine or from the bottom of the shaft or slope, a permanent station	28799
of suitable dimensions may be erected by the mine foreperson,	28800
provided that the location is approved by the deputy mine	28801
inspector, for the use of the fire bosses, and a fireproof vault	28802
of ample strength shall be erected in ~~such~~the station of brick,	28803
stone, or concrete, in which the temporary record book of the fire	28804
bosses, as described in this section, shall be kept. No person,	28805
except a mine foreperson of gaseous mines, and in case of	28806
necessity such other persons as are designated by the mine	28807
foreperson, shall pass beyond the permanent station and danger	28808
signal until the mine has been examined by a fire boss, and the	28809
mine or certain portions thereof reported by the fire boss to be	28810
safe.	28811

This section does not prevent a mine foreperson or foreperson	28812
of gaseous mines from being qualified to act and acting in the	28813
capacity of fire boss. The record book shall be supplied by the	28814
division and purchased by the operator.	28815

No mine foreperson or person delegated by the mine	28816
foreperson, or any operator of a mine, or other person, shall	28817
refuse or neglect to comply with this section.	28818

Sec. 1563.28. The ~~man~~worker performing the duties of fire	28819
boss shall, in an approved manner, use a flame safety lamp when	28820
making examinations under this chapter and Chapters ~~1509.,~~ 1561.,	28821
1565., and 1567. and applicable provisions of Chapter 1509. of the	28822
Revised Code. As evidence of such examinations hethe fire boss	28823
shall mark with chalk, upon the face of the coal or in some other	28824
conspicuous place, ~~his~~the fire boss's initials and the date of	28825
the month that ~~such~~the examination is made, and shall fully	28826
comply with all the law relating to gas and ~~his~~the fire boss's	28827
duties as to making such examinations. After making ~~his~~such an	28828
examination and report, prior to employees entering the mine for	28829
the oncoming shift, hethe fire boss who made the examination or	28830
another fire boss shall return to the working places with the	28831
employees at the starting time of the oncoming shift.	28832

No person shall refuse or neglect to comply with this	28833
section.	28834

Sec. 1571.01. As used in this chapter, unless other meaning	28835
is clearly indicated in the context:	28836

(A) "Gas storage reservoir" or "storage reservoir" or	28837
"reservoir" means a continuous area of a subterranean porous sand	28838
or rock stratum or strata, any part of which or of the protective	28839
area of which, is within a coal bearing township, into which gas	28840
is or may be injected for the purpose of storing it therein and	28841
removing it therefrom, or for the purpose of testing whether such	28842
stratum is suitable for such storage purposes.	28843

(B) "Gas" means any natural, manufactured, or by-product gas	28844
or any mixture thereof.	28845

(C) "Reservoir operator" or "operator," when used in	28846
referring to the operator of a gas storage reservoir, means a	28847
person who is engaged in the work of preparing to inject, or who	28848
injects gas into, or who stores gas in, or who removes gas from, a	28849
gas storage reservoir, and who owns the right to do so.	28850

(D)(1) "Boundary," when used in referring to the boundary of	28851
a gas storage reservoir, means the boundary of such reservoir as	28852
shown on the map or maps thereof on file in the division of	28853
~~mineral~~oil and gas resources management as required by this	28854
chapter.	28855

(2) "Boundary," when used in referring to the boundary of a	28856
reservoir protective area, means the boundary of such reservoir	28857
protective area as shown on the map or maps thereof on file in the	28858
division as required by this chapter.	28859

(E) "Reservoir protective area" or "reservoir's protective	28860
area" means the area of land outside the boundary of a gas storage	28861
reservoir shown as such on the map or maps thereof on file in the	28862
division as required by this chapter. The area of land shown on	28863
such map or maps as such reservoir protective area shall be	28864
outside the boundary of such reservoir, and shall encircle such	28865
reservoir and touch all parts of the boundary of such reservoir,	28866
and no part of the outside boundary of such protective area shall	28867
be less than two thousand nor more than five thousand linear feet	28868
distant from the boundary of such reservoir.	28869

(F) "Coal bearing township" means a township designated as a	28870
coal bearing township by the chief of the division of mineral	28871
resources management as required by section 1561.06 of the Revised	28872
Code.	28873

(G) "Coal mine" means the underground excavations of a mine	28874
that are being used or are usable or are being developed for use	28875
in connection with the extraction of coal from its natural deposit	28876
in the earth. "Underground excavations," when used in referring to	28877
the underground excavations of a coal mine, includes the abandoned	28878
underground excavations of such mine. It also includes the	28879
underground excavations of an abandoned coal mine if such	28880
abandoned mine is connected with underground excavations of a coal	28881
mine. "Coal mine" does not mean or include:	28882

(1) A mine in which coal is extracted from its natural	28883
deposit in the earth by strip or open pit mining methods or by	28884
other methods by which individuals are not required to go	28885
underground in connection with the extraction of coal from its	28886
natural deposit in the earth;	28887

(2) A mine in which not more than fourteen individuals are	28888
regularly employed underground.	28889

(H) "Operator," when used in referring to the operator of a	28890
coal mine, means a person who engages in the work of developing	28891
such mine for use in extracting coal from its natural deposit in	28892
the earth, or who so uses such mine, and who owns the right to do	28893
so.	28894

(I) "Boundary," when used in referring to the boundary of a	28895
coal mine, means the boundary of the underground excavations of	28896
such mine as shown on the maps of such mine on file in the	28897
division of mineral resources management as required by sections	28898
1563.03 to 1563.05 and 1571.03 of the Revised Code.	28899

(J) "Mine protective area" or "mine's protective area" means	28900
the area of land that the operator of a coal mine designates and	28901
shows as such on the map or maps of such coal mine filed with the	28902
division as required by sections 1563.03 to 1563.05 and 1571.03 of	28903
the Revised Code. Such area of land shall be outside of the	28904
boundary of such coal mine, but some part of the boundary of such	28905
area of land shall abut upon a part of the boundary of such coal	28906
mine. Such area of land shall be comprised of such tracts of land	28907
in which such coal mine operator owns the right to extract coal	28908
therefrom by underground mining methods and in which underground	28909
excavations of such coal mine are likely to be made within the	28910
ensuing year for use in connection with the extraction of coal	28911
therefrom.	28912

(K) "Pillar" means a solid block of coal or other material	28913
left unmined to support the overlying strata in a coal mine, or to	28914
protect a well.	28915

(L) "Retreat mining" means the removal of pillars and ribs	28916
and stumps and other coal remaining in a section of a coal mine	28917
after the development mining has been completed in such section.	28918

(M) "Linear feet," when used to indicate distance between two	28919
points that are not in the same plane, means the length in feet of	28920
the shortest horizontal line that connects two lines projected	28921
vertically upward or downward from the two points.	28922

(N) "Map" means a graphic representation of the location and	28923
size of the existing or proposed items it is made to represent,	28924
accurately drawn according to a given scale.	28925

(O) "Well" means any hole, drilled or bored, or being drilled	28926
or bored, into the earth, whether for the purpose of, or whether	28927
used for:	28928

(1) Producing or extracting any gas or liquid mineral, or	28929
natural or artificial brines, or oil field waters;	28930

(2) Injecting gas into or removing gas from an underground	28931
gas storage reservoir;	28932

(3) Introducing water or other liquid pressure into an oil	28933
bearing sand to recover oil contained in such sand, provided that	28934
"well" does not mean a hole drilled or bored, or being drilled or	28935
bored, into the earth, whether for the purpose of, or whether used	28936
for, producing or extracting potable water to be used as such.	28937

(P) "Testing" means injecting gas into, or storing gas in or	28938
removing gas from, a gas storage reservoir for the sole purpose of	28939
determining whether such reservoir is suitable for use as a gas	28940
storage reservoir.	28941

(Q) "Casing" means a string or strings of pipe commonly	28942
placed in a well.	28943

(R) "Inactivate" means to shut off temporarily all flow of	28944
gas from a well at a point below the horizon of the coal mine that	28945
might be affected by such flow of gas, by means of a plug or other	28946
suitable device or by injecting water, bentonite, or some other	28947
equally nonporous material into the well, or any other method	28948
approved by ~~the mineral~~an oil and gas resources inspector.	28949

(S) "Gas storage well inspector" means the gas storage well	28950
inspector in the division.	28951

(T) The verb "open" or the noun "opening," when used in	28952
clauses relating to the time when a coal mine operator intends to	28953
open a new coal mine, or the time when a new coal mine is opened,	28954
or the time of the opening of a new coal mine, or when used in	28955
other similar clauses to convey like meanings, means that time and	28956
condition in the initial development of a new coal mine when the	28957
second opening required by section 1563.14 of the Revised Code is	28958
completed in such mine.	28959

Sec. 1571.012. An applicant for the position of gas storage	28960
well inspector shall register the applicant's name with the chief	28961
of the division of oil and gas resources management and file with	28962
the chief an affidavit as to all matters of fact establishing the	28963
applicant's right to take the examination for that position, a	28964
certificate of good character and temperate habits signed by at	28965
least three reputable citizens of the community in which the	28966
applicant resides, and a certificate from a reputable and	28967
disinterested physician as to the physical condition of the	28968
applicant showing that the applicant is physically capable of	28969
performing the duties of the position. The applicant also shall	28970
present evidence satisfactory to the chief that the applicant has	28971
been a resident and citizen of this state for at least two years	28972
next preceding the date of application.	28973

An applicant shall possess the same qualifications as an	28974
applicant for the position of deputy mine inspector established in	28975
section 1561.12 of the Revised Code. In addition, the applicant	28976
shall have practical knowledge and experience of and in the	28977
operation, location, drilling, maintenance, and abandonment of oil	28978
and gas wells, especially in coal or mineral bearing townships,	28979
and shall have a thorough knowledge of the latest and best method	28980
of plugging and sealing abandoned oil and gas wells.	28981

An applicant for gas storage well inspector shall pass an	28982
examination conducted by the chief to determine the applicant's	28983
fitness to act as gas storage well inspector before being eligible	28984
for appointment.	28985

Sec. 1571.013. (A) The chief of the division of oil and gas	28986
resources management shall conduct examinations for the position	28987
of gas storage well inspector. The chief annually shall provide	28988
for the examination of candidates for appointment as gas storage	28989
well inspector. Special examinations may be held whenever it	28990
becomes necessary to make an appointment of gas storage well	28991
inspector.	28992

(B) Public notice shall be given through the press or	28993
otherwise, not less than ten days in advance, announcing the time	28994
and place at which examinations under this section are to be held.	28995

(C) The examinations provided for in this section shall be	28996
conducted in accordance with rules adopted under section 1571.014	28997
of the Revised Code and conditions prescribed by the chief.	28998

Sec. 1571.014. The chief of the division of oil and gas	28999
resources management shall appoint a gas storage well inspector	29000
from the eligible list of candidates for that position that is	29001
prepared under section 124.24 of the Revised Code. If a vacancy	29002
occurs in the position of gas storage well inspector, the chief	29003
shall fill the position by selecting a person from that list.	29004

The chief shall adopt rules in accordance with Chapter 119.	29005
of the Revised Code that are necessary for conducting examinations	29006
for the position of gas storage well inspector.	29007

Sec. 1571.02. (A) Any reservoir operator who, on September	29008
9, 1957, is injecting gas into, storing gas in, or removing gas	29009
from a reservoir shall within sixty days after such date file with	29010
the division of ~~mineral~~oil and gas resources management a map	29011
thereof as described in division (C) of this section, provided	29012
that if a reservoir operator is, on September 9, 1957, injecting	29013
gas into or storing gas in a reservoir solely for testing, the	29014
reservoir operator shall at once file such map with the division.	29015

(B) If the injection of gas into or storage of gas in a gas	29016
storage reservoir is begun after September 9, 1957, the operator	29017
of such reservoir shall file with the division a map thereof as	29018
described in division (C) of this section, on the same day and not	29019
less than three months prior to beginning such injection or	29020
storage.	29021

(C) Each map filed with the division pursuant to this section	29022
shall be prepared by a registered surveyor, registered engineer,	29023
or competent geologist. It shall show both of the following:	29024

(1) The location of the boundary of such reservoir and the	29025
boundary of such reservoir's protective area, and the known fixed	29026
monuments, corner stones, or other permanent markers in such	29027
boundary lines;	29028

(2) The boundary lines of the counties, townships, and	29029
sections or lots that are within the limits of such map, and the	29030
name of each such county and township and the number of each such	29031
section or lot clearly indicated thereon. The legend of the map	29032
shall indicate the stratum or strata in which the gas storage	29033
reservoir is located.	29034

The location of the boundary of the gas storage reservoir as	29035
shown on the map shall be defined by the location of those wells	29036
around the periphery of such reservoir that had no gas production	29037
when drilled into the storage stratum of such reservoir, provided	29038
that if the operator of such reservoir, upon taking into	29039
consideration the number and nature of such wells, the geological	29040
and production knowledge of the storage stratum, its character,	29041
permeability, and distribution, and operating experience,	29042
determines that the location of the boundary of such reservoir	29043
should be differently defined, the reservoir operator may, on such	29044
map, show the boundary of such reservoir to be located at a	29045
location different than the location defined by the location of	29046
those wells around the periphery of such reservoir that had no gas	29047
production when drilled into the storage stratum.	29048

Whenever the operator of a gas storage reservoir determines	29049
that the location of the boundary of such reservoir as shown on	29050
the most recent map thereof on file in the division pursuant to	29051
this section is incorrect, the reservoir operator shall file with	29052
the division an amended map showing the boundary of such reservoir	29053
to be located at the location that the reservoir operator then	29054
considers to be correct.	29055

(D) Each operator of a gas storage reservoir who files with	29056
the division a map as required by this section shall, at the end	29057
of each six-month period following the date of such filing, file	29058
with the division an amended map showing changes, if any, in the	29059
boundary line of such reservoir or of such reservoir's protective	29060
area that have occurred in the six-month period. Nothing in this	29061
division shall be construed to require such a reservoir operator	29062
to file an amended map at the end of any such six-month period if	29063
no such boundary changes have occurred in such period.	29064

An operator of a gas storage reservoir who is required by	29065
this section to file an amended map with the division shall not be	29066
required to so file such an amended map after such time when the	29067
reservoir operator files with the division a map pertaining to	29068
such reservoir, as provided in section 1571.04 of the Revised	29069
Code.	29070

Sec. 1571.03. (A) Every operator of a coal mine who is	29071
required by sections 1563.03 to 1563.05 of the Revised Code, to	29072
file maps of such mine, shall cause to be shown on each of such	29073
maps, in addition to the boundary lines of each tract under which	29074
excavations are likely to be made during the ensuing year, as	29075
referred to in section 1563.03 of the Revised Code:	29076

(1) The boundary of such coal mine in accordance with the	29077
meaning of the term "boundary" ~~when used in referring to the~~	29078
~~boundary of a coal mine, and the term "coal mine" as those terms~~	29079
~~are defined~~ in section 1571.01 of the Revised Code;	29080

(2) The boundary of the mine protective area of such mine.

29081

This division shall not be construed to amend or repeal any	29082
provisions of sections 1563.03 to 1563.05 of the Revised Code,	29083
either by implication or otherwise.	29084

This division is intended only to add to existing statutory	29085
requirements pertaining to the filing of coal mine maps with the	29086
division of mineral resources management, the requirements	29087
established in this division.	29088

(B) Every operator of a coal mine who believes that any part	29089
of the boundary of such mine is within two thousand linear feet of	29090
a well that is drilled through the horizon of such coal mine and	29091
into or through the storage stratum or strata of a gas storage	29092
reservoir within the boundary of such reservoir or within its	29093
protective area, shall at once send notice to that effect by	29094
registered mail to the operator of such reservoir, the division of	29095
mineral resources management, and to the division of oil and gas	29096
resources management.	29097

(C) Every operator of a coal mine who expects that any part	29098
of the boundary of such mine will, on a date after September 9,	29099
1957, be extended beyond its location on such date to a point	29100
within two thousand linear feet of a well that is drilled through	29101
the horizon of such mine and into or through the stratum or strata	29102
of a gas storage reservoir within the boundary of such reservoir	29103
or within its protective area, shall send at least nine months'	29104
notice of such date and of the location of such well by registered	29105
mail to the operator of such reservoir, the division of mineral	29106
resources management, and to the division of oil and gas resources	29107
management. If at the end of three years after the date stated in	29108
the notice by an operator of a coal mine to an operator of a	29109
storage reservoir as the date upon which part of the boundary of	29110
such coal mine is expected to be extended to a point within two	29111
thousand linear feet of such well, no part of such coal mine is so	29112
extended, the operator of such coal mine shall be liable to the	29113
operator of such storage reservoir for all expenses incurred by	29114
such reservoir operator in doing the plugging or reconditioning of	29115
such well as the reservoir operator is required to do in such	29116
cases as provided in section 1571.05 of the Revised Code. Such	29117
mine operator shall in no event be liable to such reservoir	29118
operator:	29119

(1) For expenses of plugging or reconditioning such well	29120
incurred prior to receipt by such reservoir operator from such	29121
mine operator of a notice as provided for in this division;	29122

(2) For any expenses of plugging or reconditioning such well	29123
if any part of the work of plugging or reconditioning was	29124
commenced prior to receipt by such reservoir operator from such	29125
mine operator of a notice as provided for in this division.	29126

(D) If a person intends to open a new coal mine after	29127
September 9, 1957, and if at the time of its opening any part of	29128
the boundary of such mine will be within two thousand linear feet	29129
of a well that is drilled through the horizon of such mine and	29130
into or through the storage stratum or strata of a gas storage	29131
reservoir within the boundary of such reservoir or within its	29132
protective area, such person shall send by registered mail to the	29133
operator of such storage reservoir, the division of mineral	29134
resources management, and to the division of oil and gas resources	29135
management at least nine months' notice of the date upon which the	29136
person intends to open such mine, and of the location of such	29137
well. If at the end of nine months after the date stated in the	29138
notice by an operator of a coal mine to an operator of a storage	29139
reservoir, the division of mineral resources management, and to	29140
the division of oil and gas resources management, as the date upon	29141
which such coal mine operator intends to open such new mine, such	29142
new mine is not opened, the operator of such coal mine shall be	29143
liable to the operator of such storage reservoir for all expenses	29144
incurred by such reservoir operator in doing the plugging or	29145
reconditioning of such well as the reservoir operator is required	29146
to do in such cases as provided in section 1571.05 of the Revised	29147
Code, provided:	29148

(1) That such mine operator may, prior to the end of nine	29149
months after the date stated in such mine operator's notice to	29150
such reservoir operator, the division of mineral resources	29151
management, and the division of oil and gas resources management	29152
as the date upon which the mine operator intended to open such new	29153
mine, notify such reservoir operator, the division of mineral	29154
resources management, and the division of oil and gas resources	29155
management in writing by registered mail, that the opening of such	29156
new mine will be delayed beyond the end of such nine-month period	29157
of time, and that the mine operator requests that a conference be	29158
held as provided in section 1571.10 of the Revised Code for the	29159
purpose of endeavoring to reach an agreement establishing a date	29160
subsequent to the end of such nine-month period of time, on or	29161
before which such mine operator may open such new mine without	29162
being liable to pay such reservoir operator expenses incurred by	29163
such reservoir operator in plugging or reconditioning such well as	29164
in this division provided;	29165

(2) That if such mine operator sends to such reservoir	29166
operator, the division of mineral resources management, and to the	29167
division of oil and gas resources management a notice and request	29168
for a conference as provided in division (D)(1) of this section,	29169
such mine operator shall not be liable to pay such reservoir	29170
operator for expenses incurred by such reservoir operator in	29171
plugging and reconditioning such well, unless such mine operator	29172
fails to open such new mine within the period of time fixed by an	29173
approved agreement reached in such conference, or fixed by an	29174
order by the chief of the division of ~~mineral~~oil and gas	29175
resources management upon a hearing held in the matter in the	29176
event of failure to reach an approved agreement in the	29177
conference;. After issuing an order under this division, the chief	29178
shall notify the chief of the division of mineral resources	29179
management and send a copy of the order to the chief.	29180

(3) That such mine operator shall in no event be liable to	29181
such reservoir operator:	29182

(a) For expense of plugging or reconditioning such well	29183
incurred prior to the receipt by such reservoir operator from such	29184
mine operator of the notice of the date upon which such mine	29185
operator intends to open such new mine;	29186

(b) For any expense of plugging or reconditioning such well	29187
if any part of the work of plugging or reconditioning was	29188
commenced prior to receipt by such reservoir operator from such	29189
mine operator of such notice.	29190

Sec. 1571.04. (A) Upon the filing of each map or amended map	29191
with the division of ~~mineral~~oil and gas resources management by	29192
operators of gas storage reservoirs as required by this chapter,	29193
and each coal mine map with the division of mineral resources	29194
management as required by sections 1563.03 to 1563.05 and division	29195
(A) of section 1571.03 of the Revised Code, the gas storage well	29196
inspector shall cause an examination to be made of all maps on	29197
file in ~~the division~~those divisions as the gas storage well	29198
inspector may deem necessary to ascertain whether any part of a	29199
reservoir protective area as shown on any such map is within ten	29200
thousand linear feet of any part of the boundary of a coal mine as	29201
shown on any such map. If, upon making that examination, the gas	29202
storage well inspector finds that any part of such a reservoir	29203
protective area is within ten thousand linear feet of any part of	29204
the boundary of such a coal mine, the gas storage well inspector	29205
shall promptly send by registered mail notice to that effect to	29206
the operator of the reservoir and to the operator of the coal	29207
mine.	29208

(B) Within sixty days after receipt by an operator of a gas	29209
storage reservoir of a notice from the gas storage well inspector	29210
under division (A) of this section, such operator shall file on	29211
the same day with both the division ~~a map~~of mineral resources	29212
management and the division of oil and gas resources management	29213
identical maps prepared by a registered surveyor, registered	29214
engineer, or competent geologist, which shall do all of the	29215
following:	29216

(1) Indicate the stratum or strata in which such gas storage	29217
reservoir is located;	29218

(2) Show the location of the boundary of the reservoir and	29219
the boundary of its protective area, and the known fixed	29220
monuments, corner stones, or other permanent markers in such	29221
boundary lines;	29222

(3) Show the boundary lines of the counties, townships, and	29223
sections or lots that are within the limits of such maps, and the	29224
name of each such county and township and the number of each such	29225
section or lot clearly indicated thereon;	29226

(4) Show the location of all oil or gas wells known to the	29227
operator of such reservoir that have been drilled within the	29228
boundary of the reservoir or within its protective area, and	29229
indicate which of such wells, if any, have been or are to be	29230
plugged or reconditioned for use in the operation of such	29231
reservoir.	29232

The location of the boundary of the gas storage reservoir as	29233
shown on the maps shall be defined by the location of those wells	29234
around the periphery of the reservoir that had no gas production	29235
when drilled into the storage stratum of the reservoir, provided	29236
that, if the operator of the reservoir, upon taking into	29237
consideration the number and nature of such wells, the geological	29238
and production knowledge of the storage stratum, its character,	29239
permeability, and distribution, and operating experience,	29240
determines that the location of the boundary of the reservoir	29241
should be differently defined, the reservoir operator may, on the	29242
maps, show the boundary of the reservoir to be located at a	29243
location different from the location defined by the location of	29244
those wells around the periphery of the reservoir that had no gas	29245
production when drilled into the storage stratum.	29246

(C) Any coal mine operator who receives from the gas storage	29247
well inspector a copy of a map as provided by division (E) of this	29248
section may request the gas storage well inspector to furnish the	29249
coal mine operator with:	29250

(1) The name of the original operator of any well shown on	29251
such map;	29252

(2) The date drilling of such well was completed;

29253

(3) The total depth of such well;

29254

(4) The depth at which oil or gas was encountered in such	29255
well if it was productive of oil or gas;	29256

(5) The initial rock pressure of such well;

29257

(6) A copy of the log of the driller of such well or other	29258
similar data;	29259

(7) The location of such well in respect to the property	29260
lines of the tract of land on which it is located;	29261

(8) A statement as to whether the well is inactive or active:

29262

(a) If inactive, the date of plugging and other pertinent	29263
data;	29264

(b) If active, whether it is being used for test purposes or	29265
storage purposes;.	29266

(9) A statement of the maximum injection pressure	29267
contemplated by the operator of the reservoir shown on such map.	29268

Upon receipt of such a request, the gas storage well	29269
inspector shall promptly furnish the coal mine operator the	29270
information requested. If the information is not ascertainable	29271
from the files in the division of oil and gas resources	29272
management, the gas storage well inspector shall request the	29273
reservoir operator to furnish the division with such information	29274
to the extent that the reservoir operator has knowledge thereof.	29275
Upon receipt of such a request, the reservoir operator shall	29276
promptly furnish such information to the division. Thereupon the	29277
gas storage well inspector shall promptly transmit such	29278
information to the mine operator who requested it.	29279

Whenever the operator of a gas storage reservoir determines	29280
that the location of the boundary of the reservoir as shown on the	29281
most recent map thereof on file in the division pursuant to this	29282
section is incorrect, the reservoir operator shall file with the	29283
division an amended map showing the boundary of the reservoir to	29284
be located at the location that the reservoir operator then	29285
considers to be correct.	29286

(D) Each operator of a gas storage reservoir who files ~~a map~~	29287
with the division of mineral resources management and the division	29288
of oil and gas resources management maps as required by this	29289
section shall, at the end of each six-month period following the	29290
date of such filing, file with ~~the~~each division anidentical	29291
amended ~~map~~maps showing changes in the boundary line of the	29292
reservoir or of the reservoir's protective area that have occurred	29293
in the six-month period, and further showing or describing any	29294
other occurrences within that six-month period that cause the most	29295
recent ~~map~~maps on file and pertaining to the reservoir to no	29296
longer be correct. Nothing in this division shall be construed to	29297
require such a reservoir operator to file an amended map at the	29298
end of any such six-month period if no boundary changes or other	29299
occurrences have occurred in that period. The operator of the	29300
reservoir shall also file with the division of mineral resources	29301
management and the division of oil and gas resources management,	29302
subsequent to the filing of ~~a map~~maps as provided for in division	29303
(B) of this section, a statement whenever changing the maximum	29304
injection pressure is contemplated, stating for each affected well	29305
within the boundary of the reservoir or its protective area, the	29306
amount of change of injection pressure contemplated. The location	29307
or drilling of new wells or the abandonment or reconditioning of	29308
wells shall not be considered to be occurrences requiring the	29309
filing of an amended map or statement.	29310

(E) Promptly upon the filing with the division of oil and gas	29311
resources management of a map or an amended map pertaining to a	29312
gas storage reservoir under this section, the gas storage well	29313
inspector shall send by registered mail to the operator of the	29314
coal mine a part of the boundary of which is within ten thousand	29315
linear feet of any part of the boundary of the reservoir or of the	29316
outside boundary of the reservoir's protective area, notice of the	29317
filing together with a copy of the map.	29318

(F) When the operator of a gas storage reservoir files with	29319
the division ~~a map~~of mineral resources management and the	29320
division of oil and gas resources management maps or an amended	29321
~~map~~maps under this section, the reservoir operator shall file as	29322
many copies of the ~~map~~maps as ~~the~~each division may require for	29323
its files and as are needed for sending a copy to each coal mine	29324
operator under division (E) of this section.	29325

Sec. 1571.05. (A) Whenever any part of a gas storage	29326
reservoir or any part of its protective area underlies any part of	29327
a coal mine, or is, or within nine months is expected or intended	29328
to be, within two thousand linear feet of the boundary of a coal	29329
mine that is operating in a coal seam any part of which extends	29330
over any part of the storage reservoir or its protective area, the	29331
operator of the reservoir, if the reservoir operator or some other	29332
reservoir operator has not theretofore done so, shall:	29333

(1) Use every known method that is reasonable under the	29334
circumstance for discovering and locating all wells drilled within	29335
the area of the reservoir or its protective area that underlie any	29336
part of the coal mine or its protective area;	29337

(2) Plug or recondition all known wells drilled within the	29338
area of the reservoir or its protective area that underlie any	29339
part of the coal mine.	29340

(B) Whenever an operator of a gas storage reservoir is	29341
notified by the operator of a coal mine, as provided in division	29342
(B) of section 1571.03 of the Revised Code, that the coal mine	29343
operator believes that part of the boundary of the mine is within	29344
two thousand linear feet of a well that is drilled through the	29345
horizon of the coal mine and into or through the storage stratum	29346
or strata of the reservoir within the boundary of the reservoir or	29347
within its protective area, the reservoir operator shall plug or	29348
recondition the well as in this section prescribed, unless it is	29349
agreed in a conference or is ordered by the chief of the division	29350
of ~~mineral~~oil and gas resources management after a hearing, as	29351
provided in section 1571.10 of the Revised Code, that the well	29352
referred to in the notice is not such a well as is described in	29353
division (B) of section 1571.03 of the Revised Code.	29354

Whenever an operator of a gas storage reservoir is notified	29355
by the operator of a coal mine as provided in division (C) or (D)	29356
of section 1571.03 of the Revised Code, that part of the boundary	29357
of the mine is, or within nine months is intended or expected to	29358
be, within two thousand linear feet of a well that is drilled	29359
through the horizon of the mine and into or through the storage	29360
stratum or strata of the reservoir within the boundary of the	29361
reservoir or within its protective area, the reservoir operator	29362
shall plug or recondition the well as in this section prescribed.	29363

Whenever the operator of a coal mine considers that the use	29364
of a well such as in this section described, if used for injecting	29365
gas into, or storing gas in, or removing gas from, a gas storage	29366
reservoir, would be hazardous to the safety of persons or property	29367
on or in the vicinity of the premises of the coal mine or the	29368
reservoir or well, the coal mine operator may file with the	29369
division objections to the use of the well for such purposes, and	29370
a request that a conference be held as provided in section 1571.10	29371
of the Revised Code, to discuss and endeavor to resolve by mutual	29372
agreement whether or not the well shall or shall not be used for	29373
such purposes, and whether or not the well shall be reconditioned,	29374
inactivated, or plugged. The request shall set forth the mine	29375
operator's reasons for such objections. If no approved agreement	29376
is reached in the conference, the gas storage well inspector shall	29377
within ten days after the termination of the conference, file with	29378
the chief a request that the chief hear and determine the matters	29379
considered at the conference as provided in section 1571.10 of the	29380
Revised Code. Upon conclusion of the hearing, the chief shall find	29381
and determine whether or not the safety of persons or of the	29382
property on or in the vicinity of the premises of the coal mine,	29383
or the reservoir, or the well requires that the well be	29384
reconditioned, inactivated, or plugged, and shall make an order	29385
consistent with that determination, provided that the chief shall	29386
not order a well plugged unless the chief first finds that there	29387
is underground leakage of gas therefrom.	29388

The plugging or reconditioning of each well described in a	29389
notice from a coal mine operator to a reservoir operator as	29390
provided in division (B) of section 1571.03 of the Revised Code,	29391
which must be plugged or reconditioned, shall be completed within	29392
such time as the gas storage well inspector may fix in the case of	29393
each such well. The plugging or reconditioning of each well	29394
described in a notice from a coal mine operator to a reservoir	29395
operator as provided in division (C) of section 1571.03 of the	29396
Revised Code, which must be plugged or reconditioned, shall be	29397
completed by the time the well, by reason of the extension of the	29398
boundary of the coal mine, is within two thousand linear feet of	29399
any part of the boundary of the mine. The plugging or	29400
reconditioning of each well described in a notice from a coal mine	29401
operator to a reservoir operator, as provided in division (D) of	29402
section 1571.03 of the Revised Code, which must be plugged or	29403
reconditioned, shall be completed by the time the well, by reason	29404
of the opening of the new mine, is within two thousand linear feet	29405
of any part of the boundary of the new mine. A reservoir operator	29406
who is required to complete the plugging or reconditioning of a	29407
well within a period of time fixed as in this division prescribed,	29408
may prior to the end of that period of time, notify the division	29409
and the mine operator from whom the reservoir operator received a	29410
notice as provided in division (B), (C), or (D) of section 1571.03	29411
of the Revised Code, in writing by registered mail, that the	29412
completion of the plugging or reconditioning of the well referred	29413
to in the notice will be delayed beyond the end of the period of	29414
time fixed therefor as in this section provided, and that the	29415
reservoir operator requests that a conference be held for the	29416
purpose of endeavoring to reach an agreement establishing a date	29417
subsequent to the end of that period of time, on or before which	29418
the reservoir operator may complete the plugging or reconditioning	29419
without incurring any penalties for failure to do so as provided	29420
in this chapter. If such a reservoir operator sends to such a mine	29421
operator and to the division a notice and request for a conference	29422
as in this division provided, the reservoir operator shall not	29423
incur any penalties for failure to complete the plugging or	29424
reconditioning of the well within the period of time fixed as in	29425
this division prescribed, unless the reservoir operator fails to	29426
complete the plugging or reconditioning of the well within the	29427
period of time fixed by an approved agreement reached in the	29428
conference, or fixed by an order by the chief upon a hearing held	29429
in the matter in the event of failure to reach an approved	29430
agreement in the conference.	29431

Whenever, in compliance with this division, a well is to be	29432
plugged by a reservoir operator, the operator shall give to the	29433
division notice thereof, as many days in advance as will be	29434
necessary for the gas storage well inspector or a deputy mine	29435
inspector to be present at the plugging. The notification shall be	29436
made on blanks furnished by the division and shall show the	29437
following information:	29438

(1) Name and address of the applicant;

29439

(2) The location of the well identified by section or lot	29440
number, city or village, and township and county;	29441

(3) The well name and number of each well to be plugged.

29442

(C) The operator shall give written notice at the same time	29443
to the owner of the land upon which the well is located, the	29444
owners or agents of the adjoining land, and adjoining well owners	29445
or agents of the operator's intention to abandon the well, and of	29446
the time when the operator will be prepared to commence plugging	29447
and filling the same. In addition to giving such notices, the	29448
reservoir operator shall also at the same time send a copy of the	29449
notice by registered mail to the coal mine operator, if any, who	29450
sent to the reservoir operator the notice as provided in division	29451
(B), (C), or (D) of section 1571.03 of the Revised Code, in order	29452
that the coal mine operator or the coal mine operator's designated	29453
representative may attend and observe the manner in which the	29454
plugging of the well is done.	29455

If the reservoir operator plugs the well without anthe gas	29456
storage well inspector ~~from the division~~or a deputy mine	29457
inspector being present to supervise the plugging, the reservoir	29458
operator shall send to the division and to the coal mine operator	29459
a copy of the report of the plugging of the well, including in the	29460
report:	29461

(1) The date of abandonment;

29462

(2) The name of the owner or operator of the well at the time	29463
of abandonment and the well owner's or operator's post office	29464
address;	29465

(3) The location of the well as to township and county and	29466
the name of the owner of the surface upon which the well is	29467
drilled, with the address thereof;	29468

(4) The date of the permit to drill;

29469

(5) The date when drilled;

29470

(6) Whether the well has been mapped;

29471

(7) The depth of the well;

29472

(8) The depth of the top of the sand to which the well was	29473
drilled;	29474

(9) The depth of each seam of coal drilled through;

29475

(10) A detailed report as to how the well was plugged, giving	29476
in particular the manner in which the coal and various sands were	29477
plugged, and the date of the plugging of the well, including	29478
therein the names of those who witnessed the plugging of the well.	29479

The report shall be signed by the operator or the operator's	29480
agent who plugged the well and verified by the oath of the party	29481
so signing. For the purposes of this section, a deputy mine	29482
inspector may take acknowledgements and administer oaths to the	29483
parties signing the report.	29484

Whenever, in compliance with this division, a well is to be	29485
reconditioned by a reservoir operator, the operator shall give to	29486
the division notice thereof as many days before the reconditioning	29487
is begun as will be necessary for the gas storage well inspector,	29488
or a deputy mine inspector, to be present at the reconditioning.	29489
No well shall be reconditioned if an inspector of the division is	29490
not present unless permission to do so has been granted by the	29491
chief. The reservoir operator, at the time of giving notice to the	29492
division as in this section required, also shall send a copy of	29493
the notice by registered mail to the coal mine operator, if any,	29494
who sent to the reservoir operator the notice as provided in	29495
division (B), (C), or (D) of section 1571.03 of the Revised Code,	29496
in order that the coal mine operator or the coal mine operator's	29497
designated representative may attend and observe the manner in	29498
which the reconditioning of the well is done.	29499

If the reservoir operator reconditions the well when nothe	29500
gas storage well inspector ~~of the division~~or a deputy mine	29501
inspector is not present to supervise the reconditioning, the	29502
reservoir operator shall make written report to the division	29503
describing the manner in which the reconditioning was done, and	29504
shall send to the coal mine operator a copy of the report by	29505
registered mail.	29506

(D) Wells that are required by this section to be plugged	29507
shall be plugged in the manner specified in sections 1509.13 to	29508
1509.17 of the Revised Code, and the operator shall give the	29509
notifications and reports required by divisions (B) and (C) of	29510
this section. No such well shall be plugged or abandoned without	29511
the written approval of the division, and no such well shall be	29512
mudded, plugged, or abandoned without the gas storage well	29513
inspector or a deputy mine inspector present unless written	29514
permission has been granted by the chief or the gas storage well	29515
inspector. For purposes of this section, the chief of the division	29516
of mineral resources management has the authority given the chief	29517
of the division of oil and gas resources management in sections	29518
1509.15 and 1509.17 of the Revised Code. If such a well has been	29519
plugged prior to the time plugging thereof is required by this	29520
section, and, on the basis of the data, information, and other	29521
evidence available it is determined that the plugging was done in	29522
the manner required by this section, or was done in accordance	29523
with statutes prescribing the manner of plugging wells in effect	29524
at the time the plugging was done, and that there is no evidence	29525
of leakage of gas from the well either at or below the surface,	29526
and that the plugging is sufficiently effective to prevent the	29527
leakage of gas from the well, the obligations imposed upon the	29528
reservoir operator by this section as to plugging the well shall	29529
be considered fully satisfied. The operator of a coal mine any	29530
part of the boundary of which is, or within nine months is	29531
expected or intended to be, within two thousand linear feet of the	29532
well may at any time raise a question as to whether the plugging	29533
of the well is sufficiently effective to prevent the leakage of	29534
gas therefrom, and the issue so made shall be determined by a	29535
conference or hearing as provided in section 1571.10 of the	29536
Revised Code.	29537

(E) Wells that are to be reconditioned as required by this	29538
section shall be, or shall be made to be:	29539

(1) Cased in accordance with the statutes of this state in	29540
effect at the time the wells were drilled, with the casing being,	29541
or made to be, sufficiently effective in that there is no evidence	29542
of any leakage of gas therefrom;	29543

(2) Equipped with a producing string and well head composed	29544
of new pipe, or pipe as good as new, and fittings designed to	29545
operate with safety and to contain the stored gas at maximum	29546
pressures contemplated.	29547

When a well that is to be reconditioned as required by this	29548
section has been reconditioned for use in the operation of the	29549
reservoir prior to the time prescribed in this section, and on the	29550
basis of the data, information, and other evidence available it is	29551
determined that at the time the well was so reconditioned the	29552
requirements prescribed in this division were met, and that there	29553
is no evidence of underground leakage of gas from the well, and	29554
that the reconditioning is sufficiently effective to prevent	29555
underground leakage from the well, the obligations imposed upon	29556
the reservoir operator by this section as to reconditioning the	29557
well shall be considered fully satisfied. Any operator of a coal	29558
mine any part of the boundary of which is, or within nine months	29559
is expected or intended to be, within two thousand linear feet of	29560
the well may at any time raise a question as to whether the	29561
reconditioning of the well is sufficiently effective to prevent	29562
underground leakage of gas therefrom, and the issue so made shall	29563
be determined by a conference or hearing as provided in section	29564
1571.10 of the Revised Code.	29565

If the gas storage well inspector at any time finds that a	29566
well that is drilled through the horizon of a coal mine and into	29567
or through the storage stratum or strata of a reservoir within the	29568
boundary of the reservoir or within its protective area is located	29569
within the boundary of the coal mine or within two thousand linear	29570
feet of the mine boundary, and was drilled prior to the time the	29571
statutes of this state required that wells be cased, and that the	29572
well fails to meet the casing and equipping requirements	29573
prescribed in this division, the gas storage well inspector shall	29574
promptly notify the operator of the reservoir thereof in writing,	29575
and the reservoir operator upon receipt of the notice shall	29576
promptly recondition the well in the manner prescribed in this	29577
division for reconditioning wells, unless, in a conference or	29578
hearing as provided in section 1571.10 of the Revised Code, a	29579
different course of action is agreed upon or ordered.	29580

(F)(1) When a well within the boundary of a gas storage	29581
reservoir or within the reservoir's protective area penetrates the	29582
storage stratum or strata of the reservoir, but does not penetrate	29583
the coal seam within the boundary of a coal mine, the gas storage	29584
well inspector may, upon application of the operator of the	29585
storage reservoir, exempt the well from the requirements of this	29586
section. Either party affected by the action of the gas storage	29587
well inspector may request a conference and hearing with respect	29588
to the exemption.	29589

(2) When a well located within the boundary of a storage	29590
reservoir or a reservoir's protective area is a producing well in	29591
a stratum above or below the storage stratum, the obligations	29592
imposed by this section shall not begin until the well ceases to	29593
be a producing well.	29594

(G) When retreat mining reaches a point in a coal mine when	29595
the operator of the mine expects that within ninety days retreat	29596
work will be at the location of a pillar surrounding an active	29597
storage reservoir well, the operator of the mine shall promptly	29598
send by registered mail notice to that effect to the operator of	29599
the reservoir. Thereupon the operators may by agreement determine	29600
whether it is necessary or advisable to temporarily inactivate the	29601
well. If inactivated, the well shall not be reactivated until a	29602
reasonable period of time has elapsed, such period of time to be	29603
determined by agreement by the operators. In the event that the	29604
parties cannot agree upon either of the foregoing matters, the	29605
question shall be submitted to the gas storage well inspector for	29606
a conference in accordance with section 1571.10 of the Revised	29607
Code.	29608

(H)(1) The provisions of this section that require the	29609
plugging or reconditioning of wells shall not apply to such wells	29610
as are used to inject gas into, store gas in, or remove gas from a	29611
gas storage reservoir when the sole purpose of the injection,	29612
storage, or removal is testing. The operator of a gas storage	29613
reservoir who injects gas into, stores gas in, or removes gas from	29614
a reservoir for the sole purpose of testing shall be subject to	29615
all other provisions of this chapter that are applicable to	29616
operators of reservoirs.	29617

(2) If the injection of gas into, or storage of gas in, a gas	29618
storage reservoir any part of which, or of the protective area of	29619
which, is within the boundary of a coal mine is begun after	29620
September 9, 1957, and if the injection or storage of gas is for	29621
the sole purpose of testing, the operator of the reservoir shall	29622
send by registered mail to the operator of the coal mine, the	29623
division of oil and gas resources management, and to the division	29624
of mineral resources management at least sixty days' notice of the	29625
date upon which the testing will be begun.	29626

If at any time within the period of time during which testing	29627
of a reservoir is in progress, any part of the reservoir or of its	29628
protective area comes within any part of the boundary of a coal	29629
mine, the operator of the reservoir shall promptly send notice to	29630
that effect by registered mail to the operator of the mine, the	29631
division of oil and gas resources management, and to the division	29632
of mineral resources management.	29633

(3) Any coal mine operator who receives a notice as provided	29634
for in division (H)(2) of this section may within thirty days of	29635
the receipt thereof file with the division objections to the	29636
testing. The gas storage well inspector also may, within the time	29637
within which a coal mine operator may file an objection, place in	29638
the files of the division objections to the testing. The reservoir	29639
operator shall comply throughout the period of the testing	29640
operations with all conditions and requirements agreed upon and	29641
approved in the conference on such objections conducted as	29642
provided in section 1571.10 of the Revised Code, or in an order	29643
made by the chief following a hearing in the matter as provided in	29644
section 1571.10 of the Revised Code. If in complying with the	29645
agreement or order either the reservoir operator or the coal mine	29646
operator encounters or discovers conditions that were not known to	29647
exist at the time of the conference or hearing and that materially	29648
affect the agreement or order, or the ability of the reservoir	29649
operator to comply therewith, either operator may apply for a	29650
rehearing or modification of the order.	29651

(I) In addition to complying with all other provisions of	29652
this chapter and any lawful orders issued thereunder, the operator	29653
of each gas storage reservoir shall keep all wells drilled into or	29654
through the storage stratum or strata within the boundary of the	29655
operator's reservoir or within the reservoir's protective area in	29656
such condition, and operate the same in such manner, as to prevent	29657
the escape of gas therefrom into any coal mine, and shall operate	29658
and maintain the storage reservoir and its facilities in such	29659
manner and at such pressures as will prevent gas from escaping	29660
from the reservoir or its facilities into any coal mine.	29661

Sec. 1571.06. (A) Distances between boundaries of gas	29662
storage reservoirs, reservoir protective areas, coal mines, coal	29663
mine protective areas, and wells, as shown on the most recent maps	29664
of storage reservoirs and of coal mines filed with the division of	29665
oil and gas resources management or the division of mineral	29666
resources management as required by this chapter and sections	29667
1563.03 to 1563.05 of the Revised Code, may be accepted and relied	29668
upon as being accurate and correct, by operators of coal mines and	29669
operators of reservoirs. Data, statements, and reports filed with	29670
~~the~~either division as required by this chapter and sections	29671
1563.03 to 1563.05 of the Revised Code may be likewise accepted	29672
and relied upon. However, the gas storage well inspector or any	29673
reservoir operator or coal mine operator, or any other person	29674
having a direct interest in the matter, may at any time question	29675
the accuracy or correctness of any map, data, statement, or report	29676
so filed, with ~~the~~either division by notifying ~~the division~~both	29677
divisions thereof in writing. Such notice shall state the reasons	29678
why the question is raised. When any such notice is so filed, the	29679
gas storage well inspector shall proceed promptly to hold a	29680
conference on the question thus raised, as provided in section	29681
1571.10 of the Revised Code.	29682

(B) If, in any proceeding under this chapter, the accuracy or	29683
correctness of any map, data, statement, or report, filed by any	29684
person pursuant to the requirements of this chapter is in	29685
question, the person so filing the same shall have the burden of	29686
proving the accuracy or correctness thereof.	29687

(C) The operator of a gas storage reservoir shall, at all	29688
reasonable times, be permitted to inspect the premises and	29689
facilities of any coal mine any part of the boundary of which is	29690
within any part of the boundary of such gas storage reservoir or	29691
within its protective area, and the operator of a coal mine shall,	29692
at all reasonable times, be permitted to inspect the premises and	29693
facilities of any gas storage reservoir any part of the boundary	29694
of which or any part of the protective area of which is within the	29695
boundary of such coal mine. In the event that either such	29696
reservoir operator or such coal mine operator denies permission to	29697
make any such inspection, the chief of the division of ~~mineral~~oil	29698
and gas resources management on the chief's own motion, or on an	29699
application by the operator desiring to make such inspection, upon	29700
a hearing thereon if requested by either operator, after	29701
reasonable notice of such hearing, may make an order providing for	29702
such inspection.	29703

Sec. 1571.08. (A) Whenever in this chapter, the method or	29704
material to be used in discharging any obligations imposed by this	29705
chapter is specified, an alternative method or material may be	29706
used if approved by the gas storage well inspector or the chief of	29707
the division of ~~mineral~~oil and gas resources management. A person	29708
desiring to use such alternative method or material shall file	29709
with the division of ~~mineral~~oil and gas resources management an	29710
application for permission to do so. Such application shall	29711
describe such alternative method or material in reasonable detail.	29712
The gas storage well inspector shall promptly send by registered	29713
mail notice of the filing of such application to any coal mine	29714
operator or reservoir operator whose mine or reservoir may be	29715
directly affected thereby. Any such coal mine operator or	29716
reservoir operator may within ten days following receipt of such	29717
notice, file with the division objections to such application. The	29718
gas storage well inspector may also file with the division an	29719
objection to such application at any time during which coal mine	29720
operators or reservoir operators are permitted to file objections.	29721
If no objections are filed within the ten-day period of time, the	29722
gas storage well inspector shall thereupon issue a permit	29723
approving the use of such alternative method or material. If any	29724
such objections are filed by any coal mine operator or reservoir	29725
operator, or by the gas storage well inspector, the question as to	29726
whether or not the use of such alternative method or material, or	29727
a modification thereof is approved, shall be determined by a	29728
conference or hearing as provided in section 1571.10 of the	29729
Revised Code.	29730

(B) Whenever in this chapter, provision is made for the	29731
filing of objections with the division, such objections shall be	29732
in writing and shall state as definitely as is reasonably possible	29733
the reasons for such objections. Upon the filing of any such	29734
objection the gas storage well inspector shall promptly fix the	29735
time and place for holding a conference for the purpose of	29736
discussing and endeavoring to resolve by mutual agreement the	29737
issue raised by such objection. The gas storage well inspector	29738
shall send written notice thereof by registered mail to each	29739
person having a direct interest therein. Thereupon the issue made	29740
by such objection shall be determined by a conference or hearing	29741
in accordance with the procedures for conferences and hearings as	29742
provided in section 1571.10 of the Revised Code.	29743

Sec. 1571.09. (A) The chief of the division of ~~mineral~~oil	29744
and gas resources management or any officer or employee of the	29745
division thereunto duly authorized by the chief may investigate,	29746
inspect, or examine records and facilities of any coal mine	29747
operator or reservoir operator, for the purpose of determining the	29748
accuracy or correctness of any map, data, statement, report, or	29749
other item or article, filed with or otherwise received by the	29750
division pursuant to this chapter. When a material question is	29751
raised by any reservoir operator or coal mine operator as to the	29752
accuracy or correctness of any such map, data, statement, report,	29753
or other item or article, which may directly affect the reservoir	29754
operator or coal mine operator, the matter shall be determined by	29755
a conference or hearing as provided in section 1571.10 of the	29756
Revised Code.	29757

(B) The division of ~~mineral~~oil and gas resources management	29758
shall keep all maps, data, statements, reports, well logs,	29759
notices, or other items or articles filed with or otherwise	29760
received by it pursuant to this chapter in a safe place and	29761
conveniently accessible to persons entitled to examine them. It	29762
shall maintain indexes of all such items and articles so that any	29763
of them may be promptly located. None of such items or articles	29764
shall be open to public inspection, but: (1) any of such items or	29765
articles pertaining to a mine may be examined by: the operator,	29766
owner, lessee, or agent of such mine; persons financially	29767
interested in such mine; owners of land adjoining such mine; the	29768
operator, owner, lessee, or agent of a mine adjoining such mine;	29769
authorized representatives of the persons employed to work in such	29770
mine; the operator of a gas storage reservoir any part of the	29771
boundary of which or of the boundary of its protective area is	29772
within ten thousand linear feet of the boundary of such mine, or	29773
the agent of such reservoir operator thereunto authorized by such	29774
reservoir operator; or any employee of the division of geological	29775
survey in the department of natural resources thereunto duly	29776
authorized by the chief of that division; and (2) any of such	29777
items or articles pertaining to a gas storage reservoir may be	29778
examined by: the operator of such reservoir; the operator of a	29779
coal mine any part of the boundary of which is within ten thousand	29780
linear feet of the boundary of a gas storage reservoir or of the	29781
boundary of its protective area, or the agent of such mine	29782
operator thereunto authorized by such mine operator, or the	29783
authorized representatives of the persons employed to work in such	29784
mine; or any employee of the division of geological survey	29785
thereunto duly authorized by the chief of that division. The	29786
division of ~~mineral~~oil and gas resources management shall not	29787
permit any of such items or articles to be removed from its	29788
office, and it shall not furnish copies of any such items or	29789
articles to any person other than as provided in this chapter.	29790

The division shall keep a docket of all proceedings arising	29791
under this chapter, in which shall be entered the dates of any	29792
notice received or issued, the names of all persons to whom it	29793
sends a notice, and the address of each, the dates of conferences	29794
and hearings, and all findings, determinations, decisions,	29795
rulings, and orders, or other actions by the division.	29796

(C) Whenever any provision of this chapter requires the	29797
division to give notice to the operator of a coal mine of any	29798
proceeding to be held pursuant to this chapter, the division shall	29799
simultaneously give a copy of such notice to the authorized	29800
representatives of the persons employed to work in such mine.	29801

Sec. 1571.10. (A) The gas storage well inspector or any	29802
person having a direct interest in the administration of this	29803
chapter may at any time file with the division of ~~mineral~~oil and	29804
gas resources management a written request that a conference be	29805
held for the purpose of discussing and endeavoring to resolve by	29806
mutual agreement any question or issue relating to the	29807
administration of this chapter, or to compliance with its	29808
provisions, or to any violation thereof. Such request shall	29809
describe the matter concerning which the conference is requested.	29810
Thereupon the gas storage well inspector shall promptly fix the	29811
time and place for the holding of such conference and shall send	29812
written notice thereof to each person having a direct interest	29813
therein. At such conference the gas storage well inspector or a	29814
representative of the division designated by the gas storage well	29815
inspector shall be in attendance, and shall preside at the	29816
conference, and the gas storage well inspector or designated	29817
representative may make such recommendations as the gas storage	29818
well inspector or designated representative deems proper. Any	29819
agreement reached at such conference shall be consistent with the	29820
requirements of this chapter and, if approved by the gas storage	29821
well inspector, it shall be reduced to writing and shall be	29822
effective. Any such agreement approved by the gas storage well	29823
inspector shall be kept on file in the division and a copy thereof	29824
shall be furnished to each of the persons having a direct interest	29825
therein. The conference shall be deemed terminated as of the date	29826
an approved agreement is reached or when any person having a	29827
direct interest therein refuses to confer thereafter. Such a	29828
conference shall be held in all cases prior to the holding of a	29829
hearing as provided in this section.	29830

(B) Within ten days after the termination of a conference at	29831
which no approved agreement is reached, any person who	29832
participated in such conference and who has a direct interest in	29833
the subject matter thereof, or the gas storage well inspector, may	29834
file with the chief of the division of ~~mineral~~oil and gas	29835
resources management a request that the chief hear and determine	29836
the matter or matters, or any part thereof considered at the	29837
conference. Thereupon the chief shall promptly fix the time and	29838
place for the holding of such hearing and shall send written	29839
notice thereof to each person having a direct interest therein.	29840
The form of the request for such hearing and the conduct of the	29841
hearing shall be in accordance with rules that the chief adopts	29842
under section 1571.11 of the Revised Code. Consistent with the	29843
requirement for reasonable notice each such hearing shall be held	29844
promptly after the filing of the request therefor. Any person	29845
having a direct interest in the matter to be heard shall be	29846
entitled to appear and be heard in person or by attorney. The	29847
division may present at such hearing any evidence that is material	29848
to the matter being heard and that has come to the division's	29849
attention in any investigation or inspection made pursuant to this	29850
chapter.	29851

(C) For the purpose of conducting such a hearing the chief	29852
may require the attendance of witnesses and the production of	29853
books, records, and papers, and the chief may, and at the request	29854
of any person having a direct interest in the matter being heard,	29855
the chief shall, issue subpoenas for witnesses or subpoenas duces	29856
tecum to compel the production of any books, records, or papers,	29857
directed to the sheriffs of the counties where such witnesses are	29858
found, which subpoenas shall be served and returned in the same	29859
manner as subpoenas in criminal cases are served and returned. The	29860
fees of sheriffs shall be the same as those allowed by the court	29861
of common pleas in criminal cases. Witnesses shall be paid the	29862
fees and mileage provided for under section 119.094 of the Revised	29863
Code. Such fee and mileage expenses shall be paid in advance by	29864
the persons at whose request they are incurred, and the remainder	29865
of such expenses shall be paid out of funds appropriated for the	29866
expenses of the division.	29867

In case of disobedience or neglect of any subpoena served on	29868
any person, or the refusal of any witness to testify to any matter	29869
regarding which the witness may be lawfully interrogated, the	29870
court of common pleas of the county in which such disobedience,	29871
neglect, or refusal occurs, or any judge thereof, on application	29872
of the chief, shall compel obedience by attachment proceedings for	29873
contempt as in the case of disobedience of the requirements of a	29874
subpoena issued from such court or a refusal to testify therein.	29875
Witnesses at such hearings shall testify under oath, and the chief	29876
may administer oaths or affirmations to persons who so testify.	29877

(D) With the consent of the chief, the testimony of any	29878
witness may be taken by deposition at the instance of a party to	29879
any hearing before the chief at any time after hearing has been	29880
formally commenced. The chief may, of the chief's own motion,	29881
order testimony to be taken by deposition at any stage in any	29882
hearing, proceeding, or investigation pending before the chief.	29883
Such deposition shall be taken in the manner prescribed by the	29884
laws of this state for taking depositions in civil cases in courts	29885
of record.	29886

(E) After the conclusion of a hearing the chief shall make a	29887
determination and finding of facts. Every adjudication,	29888
determination, or finding by the chief shall be made by written	29889
order and shall contain a written finding by the chief of the	29890
facts upon which the adjudication, determination, or finding is	29891
based. Notice of the making of such order shall be given to the	29892
persons whose rights, duties, or privileges are affected thereby,	29893
by sending a certified copy thereof by registered mail to each of	29894
such persons.	29895

Adjudications, determinations, findings, and orders made by	29896
the chief shall not be governed by, or be subject to, Chapter 119.	29897
of the Revised Code.	29898

Sec. 1571.11. The chief of the division of ~~mineral~~oil and	29899
gas resources management shall adopt rules governing	29900
administrative procedures to be followed in the administration of	29901
this chapter, which shall be of general application in all matters	29902
and to all persons affected by this chapter.	29903

No rule adopted by the chief pursuant to this section shall	29904
be effective until the tenth day after a certified copy thereof	29905
has been filed in the office of the secretary of state.	29906

All rules filed in the office of the secretary of state	29907
pursuant to this section shall be recorded by the secretary of	29908
state under a heading entitled "Regulations relating to the	29909
storage of gas in underground gas storage reservoirs" and shall be	29910
numbered consecutively under such heading and shall bear the date	29911
of filing. Such rules shall be public records open to public	29912
inspection.	29913

No rule filed in the office of the secretary of state	29914
pursuant to this section shall be amended except by a rule that	29915
contains the entire rule as amended and that repeals the rule	29916
amended. Each rule that amends a rule shall bear the same	29917
consecutive rule number as the number of the rule that it amends,	29918
and it shall bear the date of filing.	29919

No rule filed in the office of the secretary of state	29920
pursuant to this section shall be repealed except by a rule. Each	29921
rule that repeals a rule shall bear the same consecutive rule	29922
number as the number of the rule that it repeals, and it shall	29923
bear the date of filing.	29924

The authority and the duty of the chief to adopt rules as	29925
provided in this section shall not be governed by, or be subject	29926
to Chapter 119. of the Revised Code.	29927

The chief shall have available at all times copies of all	29928
rules adopted pursuant to this section, and shall furnish same	29929
free of charge to any person requesting same.	29930

Sec. 1571.14. Any person claiming to be aggrieved or	29931
adversely affected by an order of the chief of the division of	29932
~~mineral~~oil and gas resources management made as provided in	29933
section 1571.10 or 1571.16 of the Revised Code may appeal to the	29934
director of natural resources for an order vacating or modifying	29935
such order. Upon receipt of the appeal, the director shall appoint	29936
an individual who has knowledge of the laws and rules regarding	29937
the underground storage of gas and who shall act as a hearing	29938
officer in accordance with Chapter 119. of the Revised Code in	29939
hearing the appeal.	29940

The person appealing to the director shall be known as	29941
appellant and the chief shall be known as appellee. The appellant	29942
and the appellee shall be deemed parties to the appeal.	29943

The appeal shall be in writing and shall set forth the order	29944
complained of and the grounds upon which the appeal is based. The	29945
appeal shall be filed with the director within thirty days after	29946
the date upon which appellant received notice by registered mail	29947
of the making of the order complained of, as required by section	29948
1571.10 of the Revised Code. Notice of the filing of such appeal	29949
shall be delivered by appellant to the chief within three days	29950
after the appeal is filed with the director.	29951

Within seven days after receipt of the notice of appeal the	29952
chief shall prepare and certify to the director at the expense of	29953
appellant a complete transcript of the proceedings out of which	29954
the appeal arises, including a transcript of the testimony	29955
submitted to the chief.	29956

Upon the filing of the appeal the director shall fix the time	29957
and place at which the hearing on the appeal will be held, and	29958
shall give appellant and the chief at least ten days' written	29959
notice thereof by mail. The director may postpone or continue any	29960
hearing upon the director's own motion or upon application of	29961
appellant or of the chief.	29962

The filing of an appeal provided for in this section does not	29963
automatically suspend or stay execution of the order appealed	29964
from, but upon application by the appellant the director may	29965
suspend or stay such execution pending determination of the appeal	29966
upon such terms as the director deems proper.	29967

The hearing officer appointed by the director shall hear the	29968
appeal de novo, and either party to the appeal may submit such	29969
evidence as the hearing officer deems admissible.	29970

For the purpose of conducting a hearing on an appeal, the	29971
hearing officer may require the attendance of witnesses and the	29972
production of books, records, and papers, and may, and at the	29973
request of any party shall, issue subpoenas for witnesses or	29974
subpoenas duces tecum to compel the production of any books,	29975
records, or papers, directed to the sheriffs of the counties where	29976
such witnesses are found, which subpoenas shall be served and	29977
returned in the same manner as subpoenas in criminal cases are	29978
served and returned. The fees of sheriffs shall be the same as	29979
those allowed by the court of common pleas in criminal cases.	29980
Witnesses shall be paid the fees and mileage provided for under	29981
section 119.094 of the Revised Code. Such fee and mileage expenses	29982
incurred at the request of appellant shall be paid in advance by	29983
appellant, and the remainder of such expenses shall be paid out of	29984
funds appropriated for the expenses of the division of ~~mineral~~oil	29985
and gas resources management.	29986

In case of disobedience or neglect of any subpoena served on	29987
any person, or the refusal of any witness to testify to any matter	29988
regarding which the witness may be lawfully interrogated, the	29989
court of common pleas of the county in which such disobedience,	29990
neglect, or refusal occurs, or any judge thereof, on application	29991
of the director, shall compel obedience by attachment proceedings	29992
for contempt as in the case of disobedience of the requirements of	29993
a subpoena issued from such court or a refusal to testify therein.	29994
Witnesses at such hearings shall testify under oath, and the	29995
hearing officer may administer oaths or affirmations to persons	29996
who so testify.	29997

At the request of any party to the appeal, a stenographic or	29998
electronic record of the testimony and other evidence submitted	29999
shall be taken by an official court ~~shorthand~~ reporter at the	30000
expense of the party making the request ~~therefor~~for the record.	30001
The record shall include all of the testimony and other evidence	30002
and the rulings on the admissibility thereof presented at the	30003
hearing. The hearing officer shall pass upon the admissibility of	30004
evidence, but any party may at the time object to the admission of	30005
any evidence and except to the ruling of the hearing officer	30006
thereon, and if the hearing officer refuses to admit evidence, the	30007
party offering same may make a proffer thereof, and such proffer	30008
shall be made a part of the record of such hearing.	30009

If upon completion of the hearing the hearing officer finds	30010
that the order appealed from was lawful and reasonable, the	30011
hearing officer shall make a written order affirming the order	30012
appealed from. If the hearing officer finds that such order was	30013
unreasonable or unlawful, the hearing officer shall make a written	30014
order vacating the order appealed from and making the order that	30015
it finds the chief should have made. Every order made by the	30016
hearing officer shall contain a written finding by the hearing	30017
officer of the facts upon which the order is based. Notice of the	30018
making of such order shall be given forthwith to each party to the	30019
appeal by mailing a certified copy thereof to each such party by	30020
registered mail.	30021

Sec. 1571.16. (A) The gas storage well inspector or any	30022
person having a direct interest in the subject matter of this	30023
chapter may file with the division of ~~mineral~~oil and gas	30024
resources management a complaint in writing stating that a person	30025
is violating, or is about to violate, a provision or provisions of	30026
this chapter, or has done, or is about to do, an act, matter, or	30027
thing therein prohibited or declared to be unlawful, or has	30028
failed, omitted, neglected, or refused, or is about to fail, omit,	30029
neglect, or refuse, to perform a duty enjoined upon the person by	30030
this chapter. Upon the filing of such a complaint, the chief of	30031
the division of ~~mineral~~oil and gas resources management shall	30032
promptly fix the time for the holding of a hearing on such	30033
complaint and shall send by registered mail to the person so	30034
complained of, a copy of such complaint together with at least	30035
five days' notice of the time and place at which such hearing will	30036
be held. Such notice of such hearing shall also be given to all	30037
persons having a direct interest in the matters complained of in	30038
such complaint. Such hearing shall be conducted in the same	30039
manner, and the chief and persons having a direct interest in the	30040
matter being heard, shall have the same powers, rights, and duties	30041
as provided in divisions (B), (C), (D), and (E) of section 1571.10	30042
of the Revised Code, in connection with hearings by the chief,	30043
provided that if after conclusion of the hearing the chief finds	30044
that the charges against the person complained of, as stated in	30045
such complaint, have not been sustained by a preponderance of	30046
evidence, the chief shall make an order dismissing the complaint,	30047
and if the chief finds that the charges have been so sustained,	30048
the chief shall by appropriate order require compliance with those	30049
provisions.	30050

(B) Whenever the chief is of the opinion that any person is	30051
violating, or is about to violate, any provision of this chapter,	30052
or has done, or is about to do, any act, matter, or thing therein	30053
prohibited or declared to be unlawful, or has failed, omitted,	30054
neglected, or refused, or is about to fail, omit, neglect, or	30055
refuse, to perform any duty enjoined upon the person by this	30056
chapter, or has failed, omitted, neglected, or refused, or is	30057
about to fail, omit, neglect, or refuse, to obey any lawful	30058
requirement or order made by the chief, or any final judgment,	30059
order, or decree made by any court pursuant to this chapter, then	30060
and in every such case, the chief may institute in a court of	30061
competent jurisdiction of the county or counties wherein the	30062
operation is situated, an action to enjoin or restrain such	30063
violations or to enforce obedience with law or the orders of the	30064
chief. No injunction bond shall be required to be filed in any	30065
such proceeding. Such persons or corporations as the court may	30066
deem necessary or proper to be joined as parties in order to make	30067
its judgment, order, or writ effective may be joined as parties.	30068
An appeal may be taken as in other civil actions.	30069

(C) In addition to the other remedies as provided in	30070
divisions (A) and (B) of this section, any reservoir operator or	30071
coal mine operator affected by this chapter may proceed by	30072
injunction or other appropriate remedy to restrain violations or	30073
threatened violations of this chapter or of orders of the chief,	30074
or of the hearing officer appointed under section 1571.14 of the	30075
Revised Code, or the judgments, orders, or decrees of any court or	30076
to enforce obedience therewith.	30077

(D) Each remedy prescribed in divisions (A), (B), and (C) of	30078
this section is deemed concurrent or contemporaneous with each	30079
other remedy prescribed therein, and the existence or exercise of	30080
any one such remedy shall not prevent the exercise of any other	30081
such remedy.	30082

(E) The provisions of this chapter providing for conferences,	30083
hearings by the chief, appeals to the hearing officer from orders	30084
of the chief, and appeals to the court of common pleas from orders	30085
of the hearing officer, and the remedies prescribed in divisions	30086
(A), (B), (C), and (D) of this section, do not constitute the	30087
exclusive procedure that a person, who deems the person's rights	30088
to be unlawfully affected by any official action taken thereunder,	30089
must pursue in order to protect and preserve such rights, nor does	30090
this chapter constitute a procedure that such a person must pursue	30091
before the person may lawfully proceed by other actions, legal or	30092
equitable, to protect and preserve such rights.	30093

Sec. 1571.18. After ~~the effective date of this section~~June	30094
30, 2010, and not later than the thirty-first day of March each	30095
year, the owner of a well that is used for gas storage or of a	30096
well that is used to monitor a gas storage reservoir and that is	30097
located in a reservoir protective area shall pay to the chief of	30098
the division of ~~mineral~~oil and gas resources management a gas	30099
storage well regulatory fee of one hundred twenty-five dollars for	30100
each well that the owner owned as of the thirty-first day of	30101
December of the previous year for the purposes of administering	30102
this chapter and Chapter 1509. of the Revised Code. The chief may	30103
prescribe and provide a form for the collection of the fee imposed	30104
by this section and may adopt rules in accordance with Chapter	30105
119. of the Revised Code that are necessary for the administration	30106
of this section.	30107

All money collected under this section shall be deposited in	30108
the state treasury to the credit of the oil and gas well fund	30109
created in section 1509.02 of the Revised Code.	30110

Sec. 1571.99. Any person who purposely violates any order of	30111
the chief of the division of ~~mineral~~oil and gas resources	30112
management, of a hearing officer appointed by the director of	30113
natural resources under section 1571.14 of the Revised Code, or of	30114
the director, made pursuant to this chapter shall be punished by a	30115
fine not exceeding two thousand dollars, or imprisoned in jail for	30116
a period not exceeding twelve months, or both, in the discretion	30117
of the court.	30118

Sec. 1701.07. (A) Every corporation shall have and maintain	30119
an agent, sometimes referred to as the "statutory agent," upon	30120
whom any process, notice, or demand required or permitted by	30121
statute to be served upon a corporation may be served. The agent	30122
may be a natural person who is a resident of this state or may be	30123
a domestic corporation or a foreign corporation holding a license	30124
as such under the laws of this state, that is authorized by its	30125
articles of incorporation to act as such agent and that has a	30126
business address in this state.	30127

(B) The secretary of state shall not accept original articles	30128
for filing unless there is filed with the articles a written	30129
appointment of an agent that is signed by the incorporators of the	30130
corporation or a majority of them and a written acceptance of the	30131
appointment that is signed by the agent. In all other cases, the	30132
corporation shall appoint the agent and shall file in the office	30133
of the secretary of state a written appointment of the agent that	30134
is signed by any authorized officer of the corporation and a	30135
written acceptance of the appointment that is either the original	30136
acceptance signed by the agent or a photocopy, facsimile, or	30137
similar reproduction of the original acceptance signed by the	30138
agent.	30139

(C) The written appointment of an agent shall set forth the	30140
name and address in this state of the agent, including the street	30141
and number or other particular description, and shall otherwise be	30142
in such form as the secretary of state prescribes. The secretary	30143
of state shall keep a record of the names of corporations, and the	30144
names and addresses of their respective agents.	30145

(D) If any agent dies, removes from the state, or resigns,	30146
the corporation shall forthwith appoint another agent and file	30147
with the secretary of state, on a form prescribed by the secretary	30148
of state, a written appointment of the agent.	30149

(E) If the agent changes the agent's address from that	30150
appearing upon the record in the office of the secretary of state,	30151
the corporation or the agent shall forthwith file with the	30152
secretary of state, on a form prescribed by the secretary of	30153
state, a written statement setting forth the new address.	30154

(F) An agent may resign by filing with the secretary of	30155
state, on a form prescribed by the secretary of state, a written	30156
notice to that effect that is signed by the agent and by sending a	30157
copy of the notice to the corporation at the current or last known	30158
address of its principal office on or prior to the date the notice	30159
is filed with the secretary of state. The notice shall set forth	30160
the name of the corporation, the name and current address of the	30161
agent, the current or last known address, including the street and	30162
number or other particular description, of the corporation's	30163
principal office, the resignation of the agent, and a statement	30164
that a copy of the notice has been sent to the corporation within	30165
the time and in the manner prescribed by this division. Upon the	30166
expiration of thirty days after the filing, the authority of the	30167
agent shall terminate.	30168

(G) A corporation may revoke the appointment of an agent by	30169
filing with the secretary of state, on a form prescribed by the	30170
secretary of state, a written appointment of another agent and a	30171
statement that the appointment of the former agent is revoked.	30172

(H) Any process, notice, or demand required or permitted by	30173
statute to be served upon a corporation may be served upon the	30174
corporation by delivering a copy of it to its agent, if a natural	30175
person, or by delivering a copy of it at the address of its agent	30176
in this state, as the address appears upon the record in the	30177
office of the secretary of state. If (1) the agent cannot be	30178
found, or (2) the agent no longer has that address, or (3) the	30179
corporation has failed to maintain an agent as required by this	30180
section, and if in any such case the party desiring that the	30181
process, notice, or demand be served, or the agent or	30182
representative of the party, shall have filed with the secretary	30183
of state an affidavit stating that one of the foregoing conditions	30184
exists and stating the most recent address of the corporation that	30185
the party after diligent search has been able to ascertain, then	30186
service of process, notice, or demand upon the secretary of state,	30187
as the agent of the corporation, may be initiated by delivering to	30188
the secretary of state or at the secretary of state's office	30189
quadruplicate copies of such process, notice, or demand and by	30190
paying to the secretary of state a fee of five dollars. The	30191
secretary of state shall forthwith give notice of the delivery to	30192
the corporation at its principal office as shown upon the record	30193
in the secretary of state's office and at any different address	30194
shown on its last franchise tax report filed in this state, or to	30195
the corporation at any different address set forth in the above	30196
mentioned affidavit, and shall forward to the corporation at said	30197
addresses, by certified mail, with request for return receipt, a	30198
copy of the process, notice, or demand; and thereupon service upon	30199
the corporation shall be deemed to have been made.	30200

(I) The secretary of state shall keep a record of each	30201
process, notice, and demand delivered to the secretary of state or	30202
at the secretary of state's office under this section or any other	30203
law of this state that authorizes service upon the secretary of	30204
state, and shall record the time of the delivery and the action	30205
thereafter with respect thereto.	30206

(J) This section does not limit or affect the right to serve	30207
any process, notice, or demand upon a corporation in any other	30208
manner permitted by law.	30209

(K) Every corporation shall state in each annual report filed	30210
by it with the department of taxation the name and address of its	30211
statutory agent.	30212

(L) Except when an original appointment of an agent is filed	30213
with the original articles, a written appointment of an agent or a	30214
written statement filed by a corporation with the secretary of	30215
state shall be signed by any authorized officer of the corporation	30216
or by the incorporators of the corporation or a majority of them	30217
if no directors have been elected.	30218

(M) For filing a written appointment of an agent other than	30219
one filed with original articles, and for filing a statement of	30220
change of address of an agent, the secretary of state shall charge	30221
and collect the fee specified in division (R) of section 111.16 of	30222
the Revised Code.	30223

(N) Upon the failure of a corporation to appoint another	30224
agent or to file a statement of change of address of an agent, the	30225
secretary of state shall give notice thereof by ~~certified~~ordinary	30226
or electronic mail to the corporation at the electronic mail	30227
address provided to the secretary of state, or at the address set	30228
forth in the notice of resignation or on the last franchise tax	30229
return filed in this state by the corporation. Unless the default	30230
is cured within thirty days after the mailing by the secretary of	30231
state of the notice or within any further period of time that the	30232
secretary of state grants, upon the expiration of that period of	30233
time from the date of the mailing, the articles of the corporation	30234
shall be canceled without further notice or action by the	30235
secretary of state. The secretary of state shall make a notation	30236
of the cancellation on the secretary of state's records.	30237

A corporation whose articles have been canceled may be	30238
reinstated by filing, on a form prescribed by the secretary of	30239
state, an application for reinstatement and the required	30240
appointment of agent or required statement, and by paying the	30241
filing fee specified in division (Q) of section 111.16 of the	30242
Revised Code. The rights, privileges, and franchises of a	30243
corporation whose articles have been reinstated are subject to	30244
section 1701.922 of the Revised Code. The secretary of state shall	30245
furnish the tax commissioner a monthly list of all corporations	30246
canceled and reinstated under this division.	30247

(O) This section does not apply to banks, trust companies,	30248
insurance companies, or any corporation defined under the laws of	30249
this state as a public utility for taxation purposes.	30250

Sec. 1702.59. (A) Every nonprofit corporation, incorporated	30251
under the general corporation laws of this state, or previous	30252
laws, or under special provisions of the Revised Code, or created	30253
before September 1, 1851, which corporation has expressedly or	30254
impliedly elected to be governed by the laws passed since that	30255
date, and whose articles or other documents are filed with the	30256
secretary of state, shall file with the secretary of state a	30257
verified statement of continued existence, signed by a director,	30258
officer, or three members in good standing, setting forth the	30259
corporate name, the place where the principal office of the	30260
corporation is located, the date of incorporation, the fact that	30261
the corporation is still actively engaged in exercising its	30262
corporate privileges, and the name and address of its agent	30263
appointed pursuant to section 1702.06 of the Revised Code.	30264

(B) Each corporation required to file a statement of	30265
continued existence shall file it with the secretary of state	30266
within each five years after the date of incorporation or of the	30267
last corporate filing.	30268

(C) Corporations specifically exempted by division (N) of	30269
section 1702.06 of the Revised Code, or whose activities are	30270
regulated or supervised by another state official, agency, bureau,	30271
department, or commission are exempted from this section.	30272

(D) The secretary of state shall give notice ~~in writing~~by	30273
ordinary or electronic mail and provide a form for compliance with	30274
this section to each corporation required by this section to file	30275
the statement of continued existence, such notice and form to be	30276
mailed to the last known physical or electronic mail address of	30277
the corporation as it appears on the records of the secretary of	30278
state or which the secretary of state may ascertain upon a	30279
reasonable search.	30280

(E) If any nonprofit corporation required by this section to	30281
file a statement of continued existence fails to file the	30282
statement required every fifth year, then the secretary of state	30283
shall cancel the articles of such corporation, make a notation of	30284
the cancellation on the records, and mail to the corporation a	30285
certificate of the action so taken.	30286

(F) A corporation whose articles have been canceled may be	30287
reinstated by filing an application for reinstatement and paying	30288
to the secretary of state the fee specified in division (Q) of	30289
section 111.16 of the Revised Code. The name of a corporation	30290
whose articles have been canceled shall be reserved for a period	30291
of one year after the date of cancellation. If the reinstatement	30292
is not made within one year from the date of the cancellation of	30293
its articles of incorporation and it appears that a corporate	30294
name, limited liability company name, limited liability	30295
partnership name, limited partnership name, or trade name has been	30296
filed, the name of which is not distinguishable upon the record as	30297
provided in section 1702.06 of the Revised Code, the applicant for	30298
reinstatement shall be required by the secretary of state, as a	30299
condition prerequisite to such reinstatement, to amend its	30300
articles by changing its name. A certificate of reinstatement may	30301
be filed in the recorder's office of any county in the state, for	30302
which the recorder shall charge and collect a base fee of one	30303
dollar for services and a housing trust fund fee of one dollar	30304
pursuant to section 317.36 of the Revised Code. The rights,	30305
privileges, and franchises of a corporation whose articles have	30306
been reinstated are subject to section 1702.60 of the Revised	30307
Code.	30308

(G) The secretary of state shall furnish the tax commissioner	30309
a list of all corporations failing to file the required statement	30310
of continued existence.	30311

Sec. 1703.031. (A) If the laws of the United States	30312
prohibit, preempt, or otherwise eliminate the licensing	30313
requirement of sections 1703.01 to 1703.31 of the Revised Code	30314
with respect to a corporation that is a bank, savings bank, or	30315
savings and loan association chartered under the laws of the	30316
United States, the main office of which is located in another	30317
state, the bank, savings bank, or savings and loan association	30318
shall notify the secretary of state that it is transacting	30319
business in this state by submitting a notice in such form as the	30320
secretary of state prescribes. The notice shall be verified by the	30321
oath of the president, vice-president, secretary, or treasurer of	30322
the bank, savings bank, or savings and loan association, and shall	30323
set forth all of the following:	30324

(1) The name of the corporation and any trade name under	30325
which it will do business in this state;	30326

(2) The location and complete address, including the county,	30327
of its main office in another state and its principal office, if	30328
any, in this state;	30329

(3) The appointment of a designated agent and the complete	30330
address of such agent in this state, which agent may be a natural	30331
person who is a resident of this state, or may be a domestic	30332
corporation for profit or a foreign corporation for profit holding	30333
a license as such under the laws of this state, provided that the	30334
domestic or foreign corporation has a business address in this	30335
state and is authorized by its articles of incorporation to act as	30336
such agent;	30337

(4) The irrevocable consent of the corporation to service of	30338
process on such agent so long as the authority of the agent	30339
continues and to service of process upon the secretary of state in	30340
the events provided for in section 1703.19 of the Revised Code;	30341

(5) A brief summary of the business to be transacted within	30342
this state.	30343

(B) The notice required by this section shall be accompanied	30344
by a certificate of good standing or subsistence, dated not	30345
earlier than sixty days prior to the submission of the notice,	30346
under the seal of the proper official of the agency of the United	30347
States that incorporated the bank, savings bank, or savings and	30348
loan association, setting forth the exact corporate title, the	30349
date of incorporation, and the fact that the bank, savings bank,	30350
or savings and loan association is in good standing or is a	30351
subsisting bank, savings bank, or savings and loan association.	30352

(C) Upon submission of the notice, a bank, savings bank, or	30353
savings and loan association shall pay a filing fee ~~of one hundred~~	30354
~~dollars~~ to the secretary of state as required by section 111.16 of	30355
the Revised Code.	30356

(D)(1) No such notice shall be accepted for filing if it	30357
appears that the name of the bank, savings bank, or savings and	30358
loan association is any of the following:	30359

(a) Prohibited by law;

30360

(b) Not distinguishable upon the records in the office of the	30361
secretary of state from the name of a limited liability company,	30362
whether domestic or foreign, or any other corporation, whether	30363
nonprofit or for profit and whether that of a domestic corporation	30364
or of a foreign corporation authorized to transact business in	30365
this state, unless there is also filed with the secretary of state	30366
the consent of the other limited liability company or corporation	30367
to the use of the name, evidenced in a writing signed by any	30368
authorized representative or authorized officer of the other	30369
limited liability company or corporation;	30370

(c) Not distinguishable upon the records in the office of the	30371
secretary of state from a trade name, the exclusive right to which	30372
is at the time in question registered in the manner provided in	30373
Chapter 1329. of the Revised Code, unless there also is filed with	30374
the secretary of state the consent of the other corporation or	30375
person to the use of the name, evidenced in a writing signed by	30376
any authorized officer of the other corporation or authorized	30377
party of the other person owning the exclusive right to the	30378
registered trade name.	30379

(2) Notwithstanding division (D)(1)(b) of this section, if a	30380
notice is not acceptable for filing solely because the name of the	30381
bank, savings bank, or savings and loan association is not	30382
distinguishable from the name of another corporation or registered	30383
trade name, the bank, savings bank, or savings and loan	30384
association may be authorized to transact business in this state	30385
by filing with the secretary of state, in addition to those items	30386
otherwise prescribed by this section, a statement signed by an	30387
authorized officer directing the bank, savings bank, or savings	30388
and loan association to transact business in this state under an	30389
assumed business name or names that comply with the requirements	30390
of division (D) of this section and stating that the bank, savings	30391
bank, or savings and loan association will transact business in	30392
this state only under the assumed name or names.	30393

(E) The secretary of state shall provide evidence of receipt	30394
of notice to each bank, savings bank, or savings and loan	30395
association that submits a notice required by this section.	30396

Sec. 1703.07. If a foreign corporation has merged or	30397
consolidated with one or more foreign corporations, it shall file	30398
with the secretary of state a certificate setting forth the fact	30399
of merger or consolidation, certified by the secretary of state,	30400
or other proper official, of the state under the laws of which the	30401
foreign corporation was incorporated.	30402

The secretary of state, before filing a certificate	30403
evidencing a foreign corporation's merger or consolidation, shall	30404
charge and collect from the foreign corporation a filing fee of	30405
~~ten dollars~~as required by section 111.16 of the Revised Code.	30406

Sec. 1707.11. (A) Each person that is not organized under	30407
the laws of this state, that is not licensed under section 1703.03	30408
of the Revised Code, or that does not have its principal place of	30409
business in this state, shall submit to the division of securities	30410
an irrevocable consent to service of process, as described in	30411
division (B) of this section, in connection with any of the	30412
following:	30413

(1) Filings to claim any of the exemptions enumerated in	30414
division (Q), (W), ~~(X),~~ or (Y) of section 1707.03 of the Revised	30415
Code;	30416

(2) Applications for registration by description,	30417
qualification, or coordination;	30418

(3) Notice filings pursuant to section 1707.092 of the	30419
Revised Code.	30420

(B) The irrevocable written consent shall be executed and	30421
acknowledged by an individual duly authorized to give the consent	30422
and shall do all of the following:	30423

(1) Designate the secretary of state as agent for service of	30424
process or pleadings;	30425

(2) State that actions growing out of the sale of such	30426
securities, the giving of investment advice, or fraud committed by	30427
a person on whose behalf the consent is submitted may be commenced	30428
against the person, in the proper court of any county in this	30429
state in which a cause of action may arise or in which the	30430
plaintiff in the action may reside, by serving on the secretary of	30431
state any proper process or pleading authorized by the laws of	30432
this state;	30433

(3) Stipulate that service of process or pleading on the	30434
secretary of state shall be taken in all courts to be as valid and	30435
binding as if service had been made upon the person on whose	30436
behalf the consent is submitted.	30437

(C) Notwithstanding any application, form, or other material	30438
filed with or submitted to the division that purports to appoint	30439
as agent for service of process a person other than the secretary	30440
of state, the application, form, or other material shall be	30441
considered to appoint the secretary of state as agent for service	30442
of process.	30443

(D) Service of any process or pleadings may be made on the	30444
secretary of state by duplicate copies, of which one shall be	30445
filed in the office of the secretary of state, and the other	30446
immediately forwarded by the secretary of state by certified mail	30447
to the principal place of business of the person on whose behalf	30448
the consent is submitted or to the last known address as shown on	30449
the filing made with the division. However, failure to mail such	30450
copy does not invalidate the service.	30451

(E) Notwithstanding any provision of this chapter, or of any	30452
rule adopted by the division of securities under this chapter,	30453
that requires the submission of a consent to service of process,	30454
the division may provide by rule for the electronic filing or	30455
submission of a consent to service of process.	30456

Sec. 1707.17. (A)(1) The license of every dealer in and	30457
salesperson of securities shall expire on the thirty-first day of	30458
December of each year, and may be renewed upon the filing with the	30459
division of securities of an application for renewal, and the	30460
payment of the fee prescribed in this section. The division shall	30461
give notice, without unreasonable delay, of its action on any	30462
application for renewal of a dealer's or salesperson's license.	30463

(2) The license of every investment adviser and investment	30464
adviser representative licensed under section 1707.141 or 1707.161	30465
of the Revised Code shall expire on the thirty-first day of	30466
December of each year. The licenses may be renewed upon the filing	30467
with the division of an application for renewal, and the payment	30468
of the fee prescribed in division (B) of this section. The	30469
division shall give notice, without unreasonable delay, of its	30470
action on any application for renewal.	30471

(3) An investment adviser required to make a notice filing	30472
under division (B) of section 1707.141 of the Revised Code	30473
annually shall file with the division the notice filing and the	30474
fee prescribed in division (B) of this section, no later than the	30475
thirty-first day of December of each year.	30476

(4) The license of every state retirement system investment	30477
officer licensed under section 1707.163 of the Revised Code and	30478
the license of a bureau of workers' compensation chief investment	30479
officer issued under section 1707.165 of the Revised Code shall	30480
expire on the thirtieth day of June of each year. The licenses may	30481
be renewed on the filing with the division of an application for	30482
renewal, and the payment of the fee prescribed in division (B) of	30483
this section. The division shall give notice, without unreasonable	30484
delay, of its action on any application for renewal.	30485

(B)(1) The fee for each dealer's license, and for each annual	30486
renewal thereof, shall be two hundred dollars.	30487

(2) The fee for each salesperson's license, and for each	30488
annual renewal thereof, shall be sixty dollars.	30489

(3) The fee for each investment adviser's license, and for	30490
each annual renewal thereof, shall be one hundred dollars.	30491

(4) The fee for each investment adviser notice filing	30492
required by division (B) of section 1707.141 of the Revised Code	30493
shall be one hundred dollars.	30494

(5) The fee for each investment adviser representative's	30495
license, and for each annual renewal thereof, shall be thirty-five	30496
dollars.	30497

(6) The fee for each state retirement system investment	30498
officer's license, and for each annual renewal thereof, shall be	30499
fifty dollars.	30500

(7) The fee for a bureau of workers' compensation chief	30501
investment officer's license, and for each annual renewal thereof,	30502
shall be fifty dollars.	30503

(C) A dealer's, salesperson's, investment adviser's,	30504
investment adviser representative's, bureau of workers'	30505
compensation chief investment officer's, or state retirement	30506
system investment officer's license may be issued at any time for	30507
the remainder of the calendar year. In that event, the annual fee	30508
shall not be reduced.	30509

(D) The division may, by rule or order, waive, in whole or in	30510
part, any of the fee requirements of this section for any person	30511
or class of persons if the imposition or waiver is appropriate in	30512
the public interest and for the protection of securities	30513
investors.	30514

Sec. 1711.05. Every county agricultural society annually	30515
shall publish an abstract of its treasurer's account in a	30516
newspaper of general circulation in the county and make a report	30517
of its proceedings during the year. It shall also make, in	30518
accordance with the rules of the department of agriculture, a	30519
synopsis of its awards for improvement in agriculture and in	30520
household manufactures and forward such synopsis to the director	30521
of agriculture at or before the annual meeting of the directors of	30522
the society with the director of agriculture, as provided for in	30523
section 901.06 of the Revised Code. No payment after such date	30524
shall be made from the county treasury to such society unless a	30525
certificate from the director is presented to the county auditor	30526
showing that such reports have been made.	30527

Sec. 1711.07. The board of directors of a county or	30528
independent agricultural society shall consist of at least eight	30529
members. An employee of the Ohio state university extension	30530
service and the county school superintendent shall be members ex	30531
officio. Their terms of office shall be determined by the rules of	30532
the department of agriculture. Any vacancy in the board caused by	30533
death, resignation, refusal to qualify, removal from county, or	30534
other cause may be filled by the board until the society's next	30535
annual election, when a director shall be elected for the	30536
unexpired term. There shall be an annual election of directors by	30537
ballot at a time and a place fixed by the board, but this election	30538
shall not be held later than the first Saturday in December 1994,	30539
and not later than the fifteenth day of November each year	30540
thereafter, beginning in 1995. The secretary of the society shall	30541
give notice of such election, for three weeks prior to the holding	30542
thereof, in ~~at least two newspapers~~a newspaper of ~~opposite~~	30543
~~politics and of~~ general circulation in the county or as provided	30544
in section 7.16 of the Revised Code, or by letter mailed to each	30545
member of the society. Only persons holding membership	30546
certificates at the close of the annual county fair, or at least	30547
fifteen calendar days before the date of election, as may be fixed	30548
by the board, may vote, unless such election is held on the	30549
fairground during the fair, in which case all persons holding	30550
membership certificates on the date and hour of the election may	30551
vote. When the election is to be held during the fair, notice of	30552
such election must be prominently mentioned in the premium list,	30553
in addition to the notice required in ~~newspapers~~a newspaper. The	30554
terms of office of the retiring directors shall expire, and those	30555
of the directors-elect shall begin, not later than the first	30556
Saturday in January 1995, and not later than the thirtieth day of	30557
November each year thereafter, beginning in 1995.	30558

The secretary of such society shall send the name and address	30559
of each member of its board to the director of agriculture within	30560
ten days after the election.	30561

Sec. 1711.18. In a county in which there is a county	30562
agricultural society indebted fifteen thousand dollars or more,	30563
and such society has purchased a fairground or title to such	30564
fairground is vested in fee in the county, the board of county	30565
commissioners, upon the presentation of a petition signed by not	30566
less than five hundred resident electors of the county praying for	30567
the submission to the electors of the county of the question	30568
whether or not county bonds shall be issued and sold to liquidate	30569
such indebtedness, shall, by resolution within ten days	30570
thereafter, fix a date, which shall be within thirty days, upon	30571
which the question of issuing and selling such bonds, in the	30572
necessary amount and denomination, shall be submitted to the	30573
electors of the county. The board also shall cause a copy of such	30574
resolution to be certified to the county board of elections and	30575
such board of elections, within ten days after such certification,	30576
shall proceed to make the necessary arrangements for the	30577
submission of such question to such electors at the time fixed by	30578
such resolution.	30579

Such election shall be held at the regular places of voting	30580
in the county and shall be conducted, canvassed, and certified,	30581
except as otherwise provided by law, as are elections of county	30582
officers. The county board of elections must give fifteen days'	30583
notice of such submission by publication in ~~one or more newspapers~~	30584
~~published~~a newspaper of general circulation in the county once a	30585
week for two consecutive weeks or as provided in section 7.16 of	30586
the Revised Code, stating the amount of bonds to be issued, the	30587
purpose for which they are to be issued, and the time and places	30588
of holding such election. Those who vote in favor of the	30589
proposition shall have written or printed on their ballots "for	30590
the issue of bonds" and those who vote against it shall have	30591
written or printed on their ballots "against the issue of bonds."	30592
If a majority of those voting upon the question of issuing the	30593
bonds vote in favor thereof, then and only then shall they be	30594
issued and the tax provided for in section 1711.20 of the Revised	30595
Code be levied.	30596

Sec. 1711.30. Before issuing bonds under section 1711.28 of	30597
the Revised Code, the board of county commissioners, by	30598
resolution, shall submit to the qualified electors of the county	30599
at the next general election for county officers, held not less	30600
than ninety days after receiving from the county agricultural	30601
society the notice provided for in section 1711.25 of the Revised	30602
Code, the question of issuing and selling such bonds in such	30603
amount and denomination as are necessary for the purpose in view,	30604
and shall certify a copy of such resolution to the county board of	30605
elections.	30606

The county board of elections shall place the question of	30607
issuing and selling such bonds upon the ballot and make all other	30608
necessary arrangements for the submission, at the time fixed by	30609
such resolution, of such question to such electors. The votes cast	30610
at such election upon such question must be counted, canvassed,	30611
and certified in the same manner, except as provided by law, as	30612
votes cast for county officers. Fifteen days' notice of such	30613
submission shall be given by the county board of elections, by	30614
publication once a week for two consecutive weeks in ~~two or more~~	30615
~~newspapers published~~a newspaper of general circulation in the	30616
county or as provided in section 7.16 of the Revised Code, stating	30617
the amount of bonds to be issued, the purpose for which they are	30618
to be issued, and the time and places of holding such election.	30619
Such question must be stated on the ballot as follows: "For the	30620
issue of county fair bonds, yes"; "For the issue of county fair	30621
bonds, no." If the majority of those voting upon the question of	30622
issuing the bonds vote in favor thereof, then and only then shall	30623
they be issued and the tax provided for in section 1711.29 of the	30624
Revised Code be levied.	30625

Sec. 1728.06. Every community urban redevelopment	30626
corporation qualifying under this chapter, before proceeding with	30627
any project authorized in this chapter, shall make written	30628
application to the municipal corporation for approval thereof. The	30629
application shall be in such form and shall certify to such facts	30630
and data as shall be required by the municipal corporation, and	30631
may include but not be limited to:	30632

(A) A general statement of the nature of the proposed	30633
project, that the undertaking conforms to all applicable municipal	30634
ordinances, that its completion will meet an existing need, and	30635
that the project accords with the master plan or official map, if	30636
any, of the municipal corporation;	30637

(B) A description of the proposed project outlining the area	30638
included and a description of each unit thereof if the project is	30639
to be undertaken in units and setting out such architectural and	30640
site plans as may be required;	30641

(C) A statement of the estimated cost of the proposed project	30642
in such detail as may be required, including the estimated cost of	30643
each unit if it is to be so undertaken;	30644

(D) The source, method, and amount of money to be subscribed	30645
through the investment of private capital, setting forth the	30646
amount of stock or other securities to be issued therefor;	30647

(E) A fiscal plan for the project outlining a schedule of	30648
rents, the estimated expenditures for operation and maintenance,	30649
payments for interest, amortization of debt and reserves, and	30650
payments to the municipal corporation to be made pursuant to a	30651
financial agreement to be entered into with the municipal	30652
corporation;	30653

(F) A relocation plan providing for the relocation of	30654
persons, including families, business concerns, and others,	30655
displaced by the project, which relocation plan shall include, but	30656
not be limited to, the proposed method for the relocation of	30657
residents who will be displaced from their dwelling accommodations	30658
in decent, safe, and sanitary dwelling accommodations within their	30659
means, or with provision for adjustment payments to bring such	30660
accommodations within their means, and without undue hardship, and	30661
reasonable moving costs;	30662

(G) The names and tax mailing addresses, as determined from	30663
the records of the county auditor not more than five days prior to	30664
the submission of the application to the mayor of the municipal	30665
corporation, of the owners of all property which the corporation	30666
proposes in its application to acquire.	30667

Such application shall be addressed and submitted to the	30668
mayor of the municipal corporation, who shall, within sixty days	30669
after receipt thereof, submit it with ~~his~~the mayor's	30670
recommendations to the governing body. The application shall be a	30671
matter of public record upon receipt by the mayor.	30672

The governing body shall by notice published once a week for	30673
two consecutive weeks in a newspaper of general circulation in the	30674
municipal corporation or as provided in section 7.16 of the	30675
Revised Code, by written notice, by certified mail or personal	30676
service, to the owners of property which the corporation proposes	30677
in its application to purchase at the tax mailing address as set	30678
forth in the corporation's application, by the putting up of signs	30679
in at least five places within the area covered by the	30680
application, and by giving written notice, by certified mail or	30681
personal service, to community organizations known by the clerk of	30682
the governing body to represent a substantial number of the	30683
residents of the area covered by the application, advise that the	30684
application is on file in the office of the clerk of the governing	30685
body of the municipal corporation and is available for inspection	30686
by the general public during business hours and advise that a	30687
public hearing shall be held thereon, stating the place and time	30688
of the public hearing, which time shall be not less than fourteen	30689
days after the first publication, or after sending the mailed	30690
notice, or after the putting up of the signs, whichever is later.	30691

Following the public hearing and after complying with section	30692
5709.83 of the Revised Code, the governing body, taking into	30693
consideration the financial impact on the community, shall by	30694
resolution approve or disapprove the application, approval to be	30695
by an affirmative vote of not less than three-fifths of the	30696
governing body, but in the event of disapproval, changes may be	30697
suggested to secure its approval.	30698

An application may be revised or resubmitted in the same	30699
manner and subject to the same procedures as an original	30700
application. The clerk of the governing body shall diligently	30701
discharge the duties imposed on the clerk by this division,	30702
provided failure of the clerk to send written notices to all	30703
community organizations, in a good faith effort by the clerk to	30704
give the required notice, shall not invalidate any proceedings	30705
under this chapter. The failure of delivery of notice given by	30706
certified mail under this division shall not invalidate any	30707
proceedings under this chapter.	30708

Sec. 1728.07. Every approved project shall be evidenced by a	30709
financial agreement between the municipal corporation and the	30710
community urban redevelopment corporation. Such agreement shall be	30711
prepared by the community urban redevelopment corporation and	30712
submitted as a separate part of its application for project	30713
approval.	30714

The financial agreement shall be in the form of a contract	30715
requiring full performance within twenty years from the date of	30716
completion of the project and shall, as a minimum, include the	30717
following:	30718

(A) That all improvements in the project to be constructed or	30719
acquired by the corporation shall be exempt from taxation, subject	30720
to section 1728.10 of the Revised Code;	30721

(B) That the corporation shall make payments in lieu of real	30722
estate taxes not less than the amount as provided by section	30723
1728.11 of the Revised Code; or if the municipal corporation is an	30724
impacted city, not less than the amount as provided by section	30725
1728.111 of the Revised Code;	30726

(C) That the corporation, its successors and assigns, shall	30727
use, develop, and redevelop the real property of the project in	30728
accordance with, and for the period of, the community development	30729
plan approved by the governing body of the municipal corporation	30730
for the blighted area in which the project is situated and shall	30731
so bind its successors and assigns by appropriate agreements and	30732
covenants running with the land enforceable by the municipal	30733
corporation.	30734

(D) If the municipal corporation is an impacted city, the	30735
extent of the undertakings and activities of the corporation for	30736
the elimination and for the prevention of the development or	30737
spread of blight.	30738

(E) That the corporation or the municipal corporation, or	30739
both, shall provide for carrying out relocation of persons,	30740
families, business concerns, and others displaced by the project,	30741
pursuant to a relocation plan, including the method for the	30742
relocation of residents in decent, safe, and sanitary dwelling	30743
accommodations, and reasonable moving costs, determined to be	30744
feasible by the governing body of the municipal corporation. Where	30745
the relocation plan is carried out by the corporation, its	30746
officers, employees, agents, or lessees, the municipal corporation	30747
shall enforce and supervise the corporation's compliance with the	30748
relocation plan. If the corporation refuses or fails to comply	30749
with the relocation plan and the municipal corporation fails or	30750
refuses to enforce compliance with such plan, the director of	30751
development may request the attorney general to commence a civil	30752
action against the municipality and the corporation to require	30753
compliance with such relocation plan. Prior to requesting action	30754
by the attorney general the director shall give notice of the	30755
proposed action to the municipality and the corporation, provide	30756
an opportunity to such municipality and corporation for	30757
discussions on the matter, and allow a reasonable time in which	30758
the corporation may begin compliance with the relocation plan, or	30759
the municipality may commence enforcement of the relocation plan.	30760

(F) That the corporation shall submit annually, within ninety	30761
days after the close of its fiscal year, its auditor's reports to	30762
the mayor and governing body of the municipal corporation;	30763

(G) That the corporation shall, upon request, permit	30764
inspection of property, equipment, buildings, and other facilities	30765
of the corporation, and also permit examination and audit of its	30766
books, contracts, records, documents, and papers by authorized	30767
representatives of the municipal corporation;	30768

(H) That in the event of any dispute between the parties the	30769
matters in controversy shall be resolved by arbitration in the	30770
manner provided therein;	30771

(I) That operation under the financial agreement is	30772
terminable by the corporation in the manner provided by Chapter	30773
1728. of the Revised Code;	30774

(J) That the corporation shall, at all times prior to the	30775
expiration or other termination of the financial agreement, remain	30776
bound by Chapter 1728. of the Revised Code;	30777

(K) ~~That all wages paid to laborers and mechanics employed~~	30778
~~for work on such projects, other than for residential structures~~	30779
~~containing seven or less family units, shall be paid at the~~	30780
~~prevailing rates of wages of laborers and mechanics for the class~~	30781
~~of work called for by the project, which wages shall be determined~~	30782
~~in accordance with the requirements of Chapter 4115. of the~~	30783
~~Revised Code for determination of prevailing wage rates, provided~~	30784
~~that the requirements of this division do not apply where the~~	30785
~~federal government or any of its agencies furnishes by law or~~	30786
~~grant all or any part of the funds used in connection with such~~	30787
~~project and prescribes predetermined minimum wages to be paid to~~	30788
~~such laborers and mechanics.~~	30789

Modifications of the financial agreement may from time to	30790
time be made by agreement between the governing body of the	30791
municipal corporation and the community urban redevelopment	30792
corporation.	30793

Sec. 1751.01. As used in this chapter:

30794

(A)(1) "Basic health care services" means the following	30795
services when medically necessary:	30796

(a) Physician's services, except when such services are	30797
supplemental under division (B) of this section;	30798

(b) Inpatient hospital services;

30799

30800

(d) Emergency health services;

30801

(e) Urgent care services;

30802

(f) Diagnostic laboratory services and diagnostic and	30803
therapeutic radiologic services;	30804

(g) Diagnostic and treatment services, other than	30805
prescription drug services, for biologically based mental	30806
illnesses;	30807

(h) Preventive health care services, including, but not	30808
limited to, voluntary family planning services, infertility	30809
services, periodic physical examinations, prenatal obstetrical	30810
care, and well-child care;	30811

(i) Routine patient care for patients enrolled in an eligible	30812
cancer clinical trial pursuant to section 3923.80 of the Revised	30813
Code.	30814

"Basic health care services" does not include experimental	30815
procedures.	30816

Except as provided by divisions (A)(2) and (3) of this	30817
section in connection with the offering of coverage for diagnostic	30818
and treatment services for biologically based mental illnesses, a	30819
health insuring corporation shall not offer coverage for a health	30820
care service, defined as a basic health care service by this	30821
division, unless it offers coverage for all listed basic health	30822
care services. However, this requirement does not apply to the	30823
coverage of beneficiaries enrolled in medicare pursuant to a	30824
medicare contract, or to the coverage of beneficiaries enrolled in	30825
the federal employee health benefits program pursuant to 5	30826
U.S.C.A. 8905, or to the coverage of medicaid recipients, ~~or to~~	30827
~~the coverage of participants of the children's buy-in program,~~ or	30828
to the coverage of beneficiaries under any federal health care	30829
program regulated by a federal regulatory body, or to the coverage	30830
of beneficiaries under any contract covering officers or employees	30831
of the state that has been entered into by the department of	30832
administrative services.	30833

(2) A health insuring corporation may offer coverage for	30834
diagnostic and treatment services for biologically based mental	30835
illnesses without offering coverage for all other basic health	30836
care services. A health insuring corporation may offer coverage	30837
for diagnostic and treatment services for biologically based	30838
mental illnesses alone or in combination with one or more	30839
supplemental health care services. However, a health insuring	30840
corporation that offers coverage for any other basic health care	30841
service shall offer coverage for diagnostic and treatment services	30842
for biologically based mental illnesses in combination with the	30843
offer of coverage for all other listed basic health care services.	30844

(3) A health insuring corporation that offers coverage for	30845
basic health care services is not required to offer coverage for	30846
diagnostic and treatment services for biologically based mental	30847
illnesses in combination with the offer of coverage for all other	30848
listed basic health care services if all of the following apply:	30849

(a) The health insuring corporation submits documentation	30850
certified by an independent member of the American academy of	30851
actuaries to the superintendent of insurance showing that incurred	30852
claims for diagnostic and treatment services for biologically	30853
based mental illnesses for a period of at least six months	30854
independently caused the health insuring corporation's costs for	30855
claims and administrative expenses for the coverage of basic	30856
health care services to increase by more than one per cent per	30857
year.	30858

(b) The health insuring corporation submits a signed letter	30859
from an independent member of the American academy of actuaries to	30860
the superintendent of insurance opining that the increase in costs	30861
described in division (A)(3)(a) of this section could reasonably	30862
justify an increase of more than one per cent in the annual	30863
premiums or rates charged by the health insuring corporation for	30864
the coverage of basic health care services.	30865

(c) The superintendent of insurance makes the following	30866
determinations from the documentation and opinion submitted	30867
pursuant to divisions (A)(3)(a) and (b) of this section:	30868

(i) Incurred claims for diagnostic and treatment services for	30869
biologically based mental illnesses for a period of at least six	30870
months independently caused the health insuring corporation's	30871
costs for claims and administrative expenses for the coverage of	30872
basic health care services to increase by more than one per cent	30873
per year.	30874

(ii) The increase in costs reasonably justifies an increase	30875
of more than one per cent in the annual premiums or rates charged	30876
by the health insuring corporation for the coverage of basic	30877
health care services.	30878

Any determination made by the superintendent under this	30879
division is subject to Chapter 119. of the Revised Code.	30880

(B)(1) "Supplemental health care services" means any health	30881
care services other than basic health care services that a health	30882
insuring corporation may offer, alone or in combination with	30883
either basic health care services or other supplemental health	30884
care services, and includes:	30885

(a) Services of facilities for intermediate or long-term	30886
care, or both;	30887

(b) Dental care services;

30888

(c) Vision care and optometric services including lenses and	30889
frames;	30890

(d) Podiatric care or foot care services;

30891

(e) Mental health services, excluding diagnostic and	30892
treatment services for biologically based mental illnesses;	30893

(f) Short-term outpatient evaluative and crisis-intervention	30894
mental health services;	30895

(g) Medical or psychological treatment and referral services	30896
for alcohol and drug abuse or addiction;	30897

(h) Home health services;

30898

(i) Prescription drug services;

30899

(j) Nursing services;

30900

(k) Services of a dietitian licensed under Chapter 4759. of	30901
the Revised Code;	30902

(l) Physical therapy services;

30903

(m) Chiropractic services;

30904

(n) Any other category of services approved by the	30905
superintendent of insurance.	30906

(2) If a health insuring corporation offers prescription drug	30907
services under this division, the coverage shall include	30908
prescription drug services for the treatment of biologically based	30909
mental illnesses on the same terms and conditions as other	30910
physical diseases and disorders.	30911

(C) "Specialty health care services" means one of the	30912
supplemental health care services listed in division (B) of this	30913
section, when provided by a health insuring corporation on an	30914
outpatient-only basis and not in combination with other	30915
supplemental health care services.	30916

(D) "Biologically based mental illnesses" means	30917
schizophrenia, schizoaffective disorder, major depressive	30918
disorder, bipolar disorder, paranoia and other psychotic	30919
disorders, obsessive-compulsive disorder, and panic disorder, as	30920
these terms are defined in the most recent edition of the	30921
diagnostic and statistical manual of mental disorders published by	30922
the American psychiatric association.	30923

(E) ~~"Children's buy-in program" has the same meaning as in~~	30924
~~section 5101.5211 of the Revised Code.~~	30925

~~(F)~~ "Closed panel plan" means a health care plan that	30926
requires enrollees to use participating providers.	30927

~~(G)~~(F) "Compensation" means remuneration for the provision of	30928
health care services, determined on other than a fee-for-service	30929
or discounted-fee-for-service basis.	30930

~~(H)~~(G) "Contractual periodic prepayment" means the formula	30931
for determining the premium rate for all subscribers of a health	30932
insuring corporation.	30933

~~(I)~~(H) "Corporation" means a corporation formed under Chapter	30934
1701. or 1702. of the Revised Code or the similar laws of another	30935
state.	30936

~~(J)~~(I) "Emergency health services" means those health care	30937
services that must be available on a seven-days-per-week,	30938
twenty-four-hours-per-day basis in order to prevent jeopardy to an	30939
enrollee's health status that would occur if such services were	30940
not received as soon as possible, and includes, where appropriate,	30941
provisions for transportation and indemnity payments or service	30942
agreements for out-of-area coverage.	30943

~~(K)~~(J) "Enrollee" means any natural person who is entitled to	30944
receive health care benefits provided by a health insuring	30945
corporation.	30946

~~(L)~~(K) "Evidence of coverage" means any certificate,	30947
agreement, policy, or contract issued to a subscriber that sets	30948
out the coverage and other rights to which such person is entitled	30949
under a health care plan.	30950

~~(M)~~(L) "Health care facility" means any facility, except a	30951
health care practitioner's office, that provides preventive,	30952
diagnostic, therapeutic, acute convalescent, rehabilitation,	30953
mental health, mental retardation, intermediate care, or skilled	30954
nursing services.	30955

~~(N)~~(M) "Health care services" means basic, supplemental, and	30956
specialty health care services.	30957

~~(O)~~(N) "Health delivery network" means any group of providers	30958
or health care facilities, or both, or any representative thereof,	30959
that have entered into an agreement to offer health care services	30960
in a panel rather than on an individual basis.	30961

~~(P)~~(O) "Health insuring corporation" means a corporation, as	30962
defined in division ~~(I)~~(H) of this section, that, pursuant to a	30963
policy, contract, certificate, or agreement, pays for, reimburses,	30964
or provides, delivers, arranges for, or otherwise makes available,	30965
basic health care services, supplemental health care services, or	30966
specialty health care services, or a combination of basic health	30967
care services and either supplemental health care services or	30968
specialty health care services, through either an open panel plan	30969
or a closed panel plan.	30970

"Health insuring corporation" does not include a limited	30971
liability company formed pursuant to Chapter 1705. of the Revised	30972
Code, an insurer licensed under Title XXXIX of the Revised Code if	30973
that insurer offers only open panel plans under which all	30974
providers and health care facilities participating receive their	30975
compensation directly from the insurer, a corporation formed by or	30976
on behalf of a political subdivision or a department, office, or	30977
institution of the state, or a public entity formed by or on	30978
behalf of a board of county commissioners, a county board of	30979
developmental disabilities, an alcohol and drug addiction services	30980
board, a board of alcohol, drug addiction, and mental health	30981
services, or a community mental health board, as those terms are	30982
used in Chapters 340. and 5126. of the Revised Code. Except as	30983
provided by division (D) of section 1751.02 of the Revised Code,	30984
or as otherwise provided by law, no board, commission, agency, or	30985
other entity under the control of a political subdivision may	30986
accept insurance risk in providing for health care services.	30987
However, nothing in this division shall be construed as	30988
prohibiting such entities from purchasing the services of a health	30989
insuring corporation or a third-party administrator licensed under	30990
Chapter 3959. of the Revised Code.	30991

~~(Q)~~(P) "Intermediary organization" means a health delivery	30992
network or other entity that contracts with licensed health	30993
insuring corporations or self-insured employers, or both, to	30994
provide health care services, and that enters into contractual	30995
arrangements with other entities for the provision of health care	30996
services for the purpose of fulfilling the terms of its contracts	30997
with the health insuring corporations and self-insured employers.	30998

~~(R)~~(Q) "Intermediate care" means residential care above the	30999
level of room and board for patients who require personal	31000
assistance and health-related services, but who do not require	31001
skilled nursing care.	31002

~~(S)~~(R) "Medicaid" has the same meaning as in section 5111.01	31003
of the Revised Code.	31004

~~(T)~~(S) "Medical record" means the personal information that	31005
relates to an individual's physical or mental condition, medical	31006
history, or medical treatment.	31007

~~(U)~~(T) "Medicare" means the program established under Title	31008
XVIII of the "Social Security Act" 49 Stat. 620 (1935), 42 U.S.C.	31009
1395, as amended.	31010

~~(V)~~(U)(1) "Open panel plan" means a health care plan that	31011
provides incentives for enrollees to use participating providers	31012
and that also allows enrollees to use providers that are not	31013
participating providers.	31014

(2) No health insuring corporation may offer an open panel	31015
plan, unless the health insuring corporation is also licensed as	31016
an insurer under Title XXXIX of the Revised Code, the health	31017
insuring corporation, on June 4, 1997, holds a certificate of	31018
authority or license to operate under Chapter 1736. or 1740. of	31019
the Revised Code, or an insurer licensed under Title XXXIX of the	31020
Revised Code is responsible for the out-of-network risk as	31021
evidenced by both an evidence of coverage filing under section	31022
1751.11 of the Revised Code and a policy and certificate filing	31023
under section 3923.02 of the Revised Code.	31024

~~(W)~~(V) "Panel" means a group of providers or health care	31025
facilities that have joined together to deliver health care	31026
services through a contractual arrangement with a health insuring	31027
corporation, employer group, or other payor.	31028

~~(X)~~(W) "Person" has the same meaning as in section 1.59 of	31029
the Revised Code, and, unless the context otherwise requires,	31030
includes any insurance company holding a certificate of authority	31031
under Title XXXIX of the Revised Code, any subsidiary and	31032
affiliate of an insurance company, and any government agency.	31033

~~(Y)~~(X) "Premium rate" means any set fee regularly paid by a	31034
subscriber to a health insuring corporation. A "premium rate" does	31035
not include a one-time membership fee, an annual administrative	31036
fee, or a nominal access fee, paid to a managed health care system	31037
under which the recipient of health care services remains solely	31038
responsible for any charges accessed for those services by the	31039
provider or health care facility.	31040

~~(Z)~~(Y) "Primary care provider" means a provider that is	31041
designated by a health insuring corporation to supervise,	31042
coordinate, or provide initial care or continuing care to an	31043
enrollee, and that may be required by the health insuring	31044
corporation to initiate a referral for specialty care and to	31045
maintain supervision of the health care services rendered to the	31046
enrollee.	31047

~~(AA)~~(Z) "Provider" means any natural person or partnership of	31048
natural persons who are licensed, certified, accredited, or	31049
otherwise authorized in this state to furnish health care	31050
services, or any professional association organized under Chapter	31051
1785. of the Revised Code, provided that nothing in this chapter	31052
or other provisions of law shall be construed to preclude a health	31053
insuring corporation, health care practitioner, or organized	31054
health care group associated with a health insuring corporation	31055
from employing certified nurse practitioners, certified nurse	31056
anesthetists, clinical nurse specialists, certified nurse	31057
midwives, dietitians, physician assistants, dental assistants,	31058
dental hygienists, optometric technicians, or other allied health	31059
personnel who are licensed, certified, accredited, or otherwise	31060
authorized in this state to furnish health care services.	31061

~~(BB)~~(AA) "Provider sponsored organization" means a	31062
corporation, as defined in division ~~(I)~~(H) of this section, that	31063
is at least eighty per cent owned or controlled by one or more	31064
hospitals, as defined in section 3727.01 of the Revised Code, or	31065
one or more physicians licensed to practice medicine or surgery or	31066
osteopathic medicine and surgery under Chapter 4731. of the	31067
Revised Code, or any combination of such physicians and hospitals.	31068
Such control is presumed to exist if at least eighty per cent of	31069
the voting rights or governance rights of a provider sponsored	31070
organization are directly or indirectly owned, controlled, or	31071
otherwise held by any combination of the physicians and hospitals	31072
described in this division.	31073

~~(CC)~~(BB) "Solicitation document" means the written materials	31074
provided to prospective subscribers or enrollees, or both, and	31075
used for advertising and marketing to induce enrollment in the	31076
health care plans of a health insuring corporation.	31077

~~(DD)~~(CC) "Subscriber" means a person who is responsible for	31078
making payments to a health insuring corporation for participation	31079
in a health care plan, or an enrollee whose employment or other	31080
status is the basis of eligibility for enrollment in a health	31081
insuring corporation.	31082

~~(EE)~~(DD) "Urgent care services" means those health care	31083
services that are appropriately provided for an unforeseen	31084
condition of a kind that usually requires medical attention	31085
without delay but that does not pose a threat to the life, limb,	31086
or permanent health of the injured or ill person, and may include	31087
such health care services provided out of the health insuring	31088
corporation's approved service area pursuant to indemnity payments	31089
or service agreements.	31090

Sec. 1751.04. (A) Except as provided by division (D) of this	31091
section, upon the receipt by the superintendent of insurance of a	31092
complete application for a certificate of authority to establish	31093
or operate a health insuring corporation, which application sets	31094
forth or is accompanied by the information and documents required	31095
by division (A) of section 1751.03 of the Revised Code, the	31096
superintendent shall review the application and accompanying	31097
documents and make findings as to whether the applicant for a	31098
certificate of authority has done all of the following with	31099
respect to any basic health care services and supplemental health	31100
care services to be furnished:	31101

(1) Demonstrated the willingness and potential ability to	31102
ensure that all basic health care services and supplemental health	31103
care services described in the evidence of coverage will be	31104
provided to all its enrollees as promptly as is appropriate and in	31105
a manner that assures continuity;	31106

(2) Made effective arrangements to ensure that its enrollees	31107
have reliable access to qualified providers in those specialties	31108
that are generally available in the geographic area or areas to be	31109
served by the applicant and that are necessary to provide all	31110
basic health care services and supplemental health care services	31111
described in the evidence of coverage;	31112

(3) Made appropriate arrangements for the availability of	31113
short-term health care services in emergencies within the	31114
geographic area or areas to be served by the applicant,	31115
twenty-four hours per day, seven days per week, and for the	31116
provision of adequate coverage whenever an out-of-area emergency	31117
arises;	31118

(4) Made appropriate arrangements for an ongoing evaluation	31119
and assurance of the quality of health care services provided to	31120
enrollees, including, if applicable, the development of a quality	31121
assurance program complying with the requirements of sections	31122
1751.73 to 1751.75 of the Revised Code, and the adequacy of the	31123
personnel, facilities, and equipment by or through which the	31124
services are rendered;	31125

(5) Developed a procedure to gather and report statistics	31126
relating to the cost and effectiveness of its operations, the	31127
pattern of utilization of its services, and the quality,	31128
availability, and accessibility of its services.	31129

(B) Based upon the information provided in the application	31130
for issuance of a certificate of authority, the superintendent	31131
shall determine whether or not the applicant meets the	31132
requirements of division (A) of this section. If the	31133
superintendent determines that the applicant does not meet these	31134
requirements, the superintendent shall specify in what respects it	31135
is deficient. However, the superintendent shall not deny an	31136
application because the requirements of this section are not met	31137
unless the applicant has been given an opportunity for a hearing	31138
on that issue.	31139

(C) If the applicant requests a hearing, the superintendent	31140
shall hold a hearing before denying an application because the	31141
applicant does not meet the requirements of this section. The	31142
hearing shall be held in accordance with Chapter 119. of the	31143
Revised Code.	31144

(D) Nothing in this section requires the superintendent to	31145
review or make findings with regard to an application and	31146
accompanying documents to establish or operate any of the	31147
following:	31148

(1) A health insuring corporation to cover solely medicaid	31149
recipients;	31150

(2) A health insuring corporation to cover solely medicare	31151
beneficiaries;	31152

(3) A health insuring corporation to cover solely medicaid	31153
recipients and medicare beneficiaries;	31154

~~(4) A health insuring corporation to cover solely~~	31155
~~participants of the children's buy-in program;~~	31156

~~(5) A health insuring corporation to cover solely medicaid~~	31157
~~recipients and participants of the children's buy-in program;~~	31158

~~(6) A health insuring corporation to cover solely medicaid~~	31159
~~recipients, medicare beneficiaries, and participants of the~~	31160
~~children's buy-in program~~.	31161

Sec. 1751.11. (A) Every subscriber of a health insuring	31162
corporation is entitled to an evidence of coverage for the health	31163
care plan under which health care benefits are provided.	31164

(B) Every subscriber of a health insuring corporation that	31165
offers basic health care services is entitled to an identification	31166
card or similar document that specifies the health insuring	31167
corporation's name as stated in its articles of incorporation, and	31168
any trade or fictitious names used by the health insuring	31169
corporation. The identification card or document shall list at	31170
least one toll-free telephone number that provides the subscriber	31171
with access, to information on a twenty-four-hours-per-day,	31172
seven-days-per-week basis, as to how health care services may be	31173
obtained. The identification card or document shall also list at	31174
least one toll-free number that, during normal business hours,	31175
provides the subscriber with access to information on the coverage	31176
available under the subscriber's health care plan and information	31177
on the health care plan's internal and external review processes.	31178

(C) No evidence of coverage, or amendment to the evidence of	31179
coverage, shall be delivered, issued for delivery, renewed, or	31180
used, until the form of the evidence of coverage or amendment has	31181
been filed by the health insuring corporation with the	31182
superintendent of insurance. If the superintendent does not	31183
disapprove the evidence of coverage or amendment within sixty days	31184
after it is filed it shall be deemed approved, unless the	31185
superintendent sooner gives approval for the evidence of coverage	31186
or amendment. With respect to an amendment to an approved evidence	31187
of coverage, the superintendent only may disapprove provisions	31188
amended or added to the evidence of coverage. If the	31189
superintendent determines within the sixty-day period that any	31190
evidence of coverage or amendment fails to meet the requirements	31191
of this section, the superintendent shall so notify the health	31192
insuring corporation and it shall be unlawful for the health	31193
insuring corporation to use such evidence of coverage or	31194
amendment. At any time, the superintendent, upon at least thirty	31195
days' written notice to a health insuring corporation, may	31196
withdraw an approval, deemed or actual, of any evidence of	31197
coverage or amendment on any of the grounds stated in this	31198
section. Such disapproval shall be effected by a written order,	31199
which shall state the grounds for disapproval and shall be issued	31200
in accordance with Chapter 119. of the Revised Code.	31201

(D) No evidence of coverage or amendment shall be delivered,	31202
issued for delivery, renewed, or used:	31203

(1) If it contains provisions or statements that are	31204
inequitable, untrue, misleading, or deceptive;	31205

(2) Unless it contains a clear, concise, and complete	31206
statement of the following:	31207

(a) The health care services and insurance or other benefits,	31208
if any, to which an enrollee is entitled under the health care	31209
plan;	31210

(b) Any exclusions or limitations on the health care	31211
services, type of health care services, benefits, or type of	31212
benefits to be provided, including copayments and deductibles;	31213

(c) An enrollee's personal financial obligation for	31214
noncovered services;	31215

(d) Where and in what manner general information and	31216
information as to how health care services may be obtained is	31217
available, including a toll-free telephone number;	31218

(e) The premium rate with respect to individual and	31219
conversion contracts, and relevant copayment and deductible	31220
provisions with respect to all contracts. The statement of the	31221
premium rate, however, may be contained in a separate insert.	31222

(f) The method utilized by the health insuring corporation	31223
for resolving enrollee complaints;	31224

(g) The utilization review, internal review, and external	31225
review procedures established under sections 1751.77 to 1751.85 of	31226
the Revised Code.	31227

(3) Unless it provides for the continuation of an enrollee's	31228
coverage, in the event that the enrollee's coverage under the	31229
group policy, contract, certificate, or agreement terminates while	31230
the enrollee is receiving inpatient care in a hospital. This	31231
continuation of coverage shall terminate at the earliest	31232
occurrence of any of the following:	31233

(a) The enrollee's discharge from the hospital;

31234

(b) The determination by the enrollee's attending physician	31235
that inpatient care is no longer medically indicated for the	31236
enrollee; however, nothing in division (D)(3)(b) of this section	31237
precludes a health insuring corporation from engaging in	31238
utilization review as described in the evidence of coverage.	31239

(c) The enrollee's reaching the limit for contractual	31240
benefits;	31241

(d) The effective date of any new coverage.

31242

(4) Unless it contains a provision that states, in substance,	31243
that the health insuring corporation is not a member of any	31244
guaranty fund, and that in the event of the health insuring	31245
corporation's insolvency, an enrollee is protected only to the	31246
extent that the hold harmless provision required by section	31247
1751.13 of the Revised Code applies to the health care services	31248
rendered;	31249

(5) Unless it contains a provision that states, in substance,	31250
that in the event of the insolvency of the health insuring	31251
corporation, an enrollee may be financially responsible for health	31252
care services rendered by a provider or health care facility that	31253
is not under contract to the health insuring corporation, whether	31254
or not the health insuring corporation authorized the use of the	31255
provider or health care facility.	31256

(E) Notwithstanding divisions (C) and (D) of this section, a	31257
health insuring corporation may use an evidence of coverage that	31258
provides for the coverage of beneficiaries enrolled in medicare	31259
pursuant to a medicare contract, or an evidence of coverage that	31260
provides for the coverage of beneficiaries enrolled in the federal	31261
employees health benefits program pursuant to 5 U.S.C.A. 8905, or	31262
an evidence of coverage that provides for the coverage of medicaid	31263
recipients, ~~or an evidence of coverage that provides for coverage~~	31264
~~of participants of the children's buy-in program,~~ or an evidence	31265
of coverage that provides for the coverage of beneficiaries under	31266
any other federal health care program regulated by a federal	31267
regulatory body, or an evidence of coverage that provides for the	31268
coverage of beneficiaries under any contract covering officers or	31269
employees of the state that has been entered into by the	31270
department of administrative services, if both of the following	31271
apply:	31272

(1) The evidence of coverage has been approved by the United	31273
States department of health and human services, the United States	31274
office of personnel management, the Ohio department of job and	31275
family services, or the department of administrative services.	31276

(2) The evidence of coverage is filed with the superintendent	31277
of insurance prior to use and is accompanied by documentation of	31278
approval from the United States department of health and human	31279
services, the United States office of personnel management, the	31280
Ohio department of job and family services, or the department of	31281
administrative services.	31282

Sec. 1751.111. (A)(1) This section applies to both of the	31283
following:	31284

(a) A health insuring corporation that issues or requires the	31285
use of a standardized identification card or an electronic	31286
technology for submission and routing of prescription drug claims	31287
pursuant to a policy, contract, or agreement for health care	31288
services;	31289

(b) A person or entity that a health insuring corporation	31290
contracts with to issue a standardized identification card or an	31291
electronic technology described in division (A)(1)(a) of this	31292
section.	31293

(2) Notwithstanding division (A)(1) of this section, this	31294
section does not apply to the issuance or required use of a	31295
standardized identification card or an electronic technology for	31296
submission and routing of prescription drug claims in connection	31297
with any of the following:	31298

(a) Coverage provided under the medicare advantage program	31299
operated pursuant to Part C of Title XVIII of the "Social Security	31300
Act," 49 Stat. 62 (1935), 42 U.S.C. 301, as amended.	31301

(b) Coverage provided under medicaid.

31302

31303

~~(d)~~ Coverage provided under an employer's self-insurance plan	31304
or by any of its administrators, as defined in section 3959.01 of	31305
the Revised Code, to the extent that federal law supersedes,	31306
preempts, prohibits, or otherwise precludes the application of	31307
this section to the plan and its administrators.	31308

(B) A standardized identification card or an electronic	31309
technology issued or required to be used as provided in division	31310
(A)(1) of this section shall contain uniform prescription drug	31311
information in accordance with either division (B)(1) or (2) of	31312
this section.	31313

(1) The standardized identification card or the electronic	31314
technology shall be in a format and contain information fields	31315
approved by the national council for prescription drug programs or	31316
a successor organization, as specified in the council's or	31317
successor organization's pharmacy identification card	31318
implementation guide in effect on the first day of October most	31319
immediately preceding the issuance or required use of the	31320
standardized identification card or the electronic technology.	31321

(2) If the health insuring corporation or the person under	31322
contract with the corporation to issue a standardized	31323
identification card or an electronic technology requires the	31324
information for the submission and routing of a claim, the	31325
standardized identification card or the electronic technology	31326
shall contain any of the following information:	31327

(a) The health insuring corporation's name;

31328

(b) The subscriber's name, group number, and identification	31329
number;	31330

(c) A telephone number to inquire about pharmacy-related	31331
issues;	31332

(d) The issuer's international identification number, labeled	31333
as "ANSI BIN" or "RxBIN";	31334

(e) The processor's control number, labeled as "RxPCN";

31335

(f) The subscriber's pharmacy benefits group number if	31336
different from the subscriber's medical group number, labeled as	31337
"RxGrp."	31338

(C) If the standardized identification card or the electronic	31339
technology issued or required to be used as provided in division	31340
(A)(1) of this section is also used for submission and routing of	31341
nonpharmacy claims, the designation "Rx" is required to be	31342
included as part of the labels identified in divisions (B)(2)(d)	31343
and (e) of this section if the issuer's international	31344
identification number or the processor's control number is	31345
different for medical and pharmacy claims.	31346

(D) Each health insuring corporation described in division	31347
(A) of this section shall annually file a certificate with the	31348
superintendent of insurance certifying that it or any person it	31349
contracts with to issue a standardized identification card or	31350
electronic technology for submission and routing of prescription	31351
drug claims complies with this section.	31352

(E)(1) Except as provided in division (E)(2) of this section,	31353
if there is a change in the information contained in the	31354
standardized identification card or the electronic technology	31355
issued to a subscriber, the health insuring corporation or person	31356
under contract with the corporation to issue a standardized	31357
identification card or an electronic technology shall issue a new	31358
card or electronic technology to the subscriber.	31359

(2) A health insuring corporation or person under contract	31360
with the corporation is not required under division (E)(1) of this	31361
section to issue a new card or electronic technology to a	31362
subscriber more than once during a twelve-month period.	31363

(F) Nothing in this section shall be construed as requiring a	31364
health insuring corporation to produce more than one standardized	31365
identification card or one electronic technology for use by	31366
subscribers accessing health care benefits provided under a	31367
policy, contract, or agreement for health care services.	31368

Sec. 1751.12. (A)(1) No contractual periodic prepayment and	31369
no premium rate for nongroup and conversion policies for health	31370
care services, or any amendment to them, may be used by any health	31371
insuring corporation at any time until the contractual periodic	31372
prepayment and premium rate, or amendment, have been filed with	31373
the superintendent of insurance, and shall not be effective until	31374
the expiration of sixty days after their filing unless the	31375
superintendent sooner gives approval. The filing shall be	31376
accompanied by an actuarial certification in the form prescribed	31377
by the superintendent. The superintendent shall disapprove the	31378
filing, if the superintendent determines within the sixty-day	31379
period that the contractual periodic prepayment or premium rate,	31380
or amendment, is not in accordance with sound actuarial principles	31381
or is not reasonably related to the applicable coverage and	31382
characteristics of the applicable class of enrollees. The	31383
superintendent shall notify the health insuring corporation of the	31384
disapproval, and it shall thereafter be unlawful for the health	31385
insuring corporation to use the contractual periodic prepayment or	31386
premium rate, or amendment.	31387

(2) No contractual periodic prepayment for group policies for	31388
health care services shall be used until the contractual periodic	31389
prepayment has been filed with the superintendent. The filing	31390
shall be accompanied by an actuarial certification in the form	31391
prescribed by the superintendent. The superintendent may reject a	31392
filing made under division (A)(2) of this section at any time,	31393
with at least thirty days' written notice to a health insuring	31394
corporation, if the contractual periodic prepayment is not in	31395
accordance with sound actuarial principles or is not reasonably	31396
related to the applicable coverage and characteristics of the	31397
applicable class of enrollees.	31398

(3) At any time, the superintendent, upon at least thirty	31399
days' written notice to a health insuring corporation, may	31400
withdraw the approval given under division (A)(1) of this section,	31401
deemed or actual, of any contractual periodic prepayment or	31402
premium rate, or amendment, based on information that either of	31403
the following applies:	31404

(a) The contractual periodic prepayment or premium rate, or	31405
amendment, is not in accordance with sound actuarial principles.	31406

(b) The contractual periodic prepayment or premium rate, or	31407
amendment, is not reasonably related to the applicable coverage	31408
and characteristics of the applicable class of enrollees.	31409

(4) Any disapproval under division (A)(1) of this section,	31410
any rejection of a filing made under division (A)(2) of this	31411
section, or any withdrawal of approval under division (A)(3) of	31412
this section, shall be effected by a written notice, which shall	31413
state the specific basis for the disapproval, rejection, or	31414
withdrawal and shall be issued in accordance with Chapter 119. of	31415
the Revised Code.	31416

(B) Notwithstanding division (A) of this section, a health	31417
insuring corporation may use a contractual periodic prepayment or	31418
premium rate for policies used for the coverage of beneficiaries	31419
enrolled in medicare pursuant to a medicare risk contract or	31420
medicare cost contract, or for policies used for the coverage of	31421
beneficiaries enrolled in the federal employees health benefits	31422
program pursuant to 5 U.S.C.A. 8905, or for policies used for the	31423
coverage of medicaid recipients, ~~or for policies used for coverage~~	31424
~~of participants of the children's buy-in program,~~ or for policies	31425
used for the coverage of beneficiaries under any other federal	31426
health care program regulated by a federal regulatory body, or for	31427
policies used for the coverage of beneficiaries under any contract	31428
covering officers or employees of the state that has been entered	31429
into by the department of administrative services, if both of the	31430
following apply:	31431

(1) The contractual periodic prepayment or premium rate has	31432
been approved by the United States department of health and human	31433
services, the United States office of personnel management, the	31434
department of job and family services, or the department of	31435
administrative services.	31436

(2) The contractual periodic prepayment or premium rate is	31437
filed with the superintendent prior to use and is accompanied by	31438
documentation of approval from the United States department of	31439
health and human services, the United States office of personnel	31440
management, the department of job and family services, or the	31441
department of administrative services.	31442

(C) The administrative expense portion of all contractual	31443
periodic prepayment or premium rate filings submitted to the	31444
superintendent for review must reflect the actual cost of	31445
administering the product. The superintendent may require that the	31446
administrative expense portion of the filings be itemized and	31447
supported.	31448

(D)(1) Copayments must be reasonable and must not be a	31449
barrier to the necessary utilization of services by enrollees.	31450

(2) A health insuring corporation, in order to ensure that	31451
copayments are reasonable and not a barrier to the necessary	31452
utilization of basic health care services by enrollees, may do one	31453
of the following:	31454

(a) Impose copayment charges on any single covered basic	31455
health care service that does not exceed forty per cent of the	31456
average cost to the health insuring corporation of providing the	31457
service;	31458

(b) Impose copayment charges that annually do not exceed	31459
twenty per cent of the total annual cost to the health insuring	31460
corporation of providing all covered basic health care services,	31461
including physician office visits, urgent care services, and	31462
emergency health services, when aggregated as to all persons	31463
covered under the filed product in question. In addition, annual	31464
copayment charges as to each enrollee shall not exceed twenty per	31465
cent of the total annual cost to the health insuring corporation	31466
of providing all covered basic health care services, including	31467
physician office visits, urgent care services, and emergency	31468
health services, as to such enrollee. The total annual cost of	31469
providing a health care service is the cost to the health insuring	31470
corporation of providing the health care service to its enrollees	31471
as reduced by any applicable provider discount.	31472

(3) To ensure that copayments are reasonable and not a	31473
barrier to the utilization of basic health care services, a health	31474
insuring corporation may not impose, in any contract year, on any	31475
subscriber or enrollee, copayments that exceed two hundred per	31476
cent of the average annual premium rate to subscribers or	31477
enrollees.	31478

(4) For purposes of division (D) of this section, both of the	31479
following apply:	31480

(a) Copayments imposed by health insuring corporations in	31481
connection with a high deductible health plan that is linked to a	31482
health savings account are reasonable and are not a barrier to the	31483
necessary utilization of services by enrollees.	31484

(b) Divisions (D)(2) and (3) of this section do not apply to	31485
a high deductible health plan that is linked to a health savings	31486
account.	31487

(E) A health insuring corporation shall not impose lifetime	31488
maximums on basic health care services. However, a health insuring	31489
corporation may establish a benefit limit for inpatient hospital	31490
services that are provided pursuant to a policy, contract,	31491
certificate, or agreement for supplemental health care services.	31492

(F) A health insuring corporation may require that an	31493
enrollee pay an annual deductible that does not exceed one	31494
thousand dollars per enrollee or two thousand dollars per family,	31495
except that:	31496

(1) A health insuring corporation may impose higher	31497
deductibles for high deductible health plans that are linked to	31498
health savings accounts;	31499

(2) The superintendent may adopt rules allowing different	31500
annual deductible amounts for plans with a medical savings	31501
account, health reimbursement arrangement, flexible spending	31502
account, or similar account;	31503

(3) A health insuring corporation may impose higher	31504
deductibles under health plans if requested by the group contract,	31505
policy, certificate, or agreement holder, or an individual seeking	31506
coverage under an individual health plan. This shall not be	31507
construed as requiring the health insuring corporation to create	31508
customized health plans for group contract holders or individuals.	31509

(G) As used in this section, "health savings account" and	31510
"high deductible health plan" have the same meanings as in the	31511
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 223, as	31512
amended.	31513

Sec. 1751.13. (A)(1)(a) A health insuring corporation shall,	31514
either directly or indirectly, enter into contracts for the	31515
provision of health care services with a sufficient number and	31516
types of providers and health care facilities to ensure that all	31517
covered health care services will be accessible to enrollees from	31518
a contracted provider or health care facility.	31519

(b) A health insuring corporation shall not refuse to	31520
contract with a physician for the provision of health care	31521
services or refuse to recognize a physician as a specialist on the	31522
basis that the physician attended an educational program or a	31523
residency program approved or certified by the American	31524
osteopathic association. A health insuring corporation shall not	31525
refuse to contract with a health care facility for the provision	31526
of health care services on the basis that the health care facility	31527
is certified or accredited by the American osteopathic association	31528
or that the health care facility is an osteopathic hospital as	31529
defined in section 3702.51 of the Revised Code.	31530

(c) Nothing in division (A)(1)(b) of this section shall be	31531
construed to require a health insuring corporation to make a	31532
benefit payment under a closed panel plan to a physician or health	31533
care facility with which the health insuring corporation does not	31534
have a contract, provided that none of the bases set forth in that	31535
division are used as a reason for failing to make a benefit	31536
payment.	31537

(2) When a health insuring corporation is unable to provide a	31538
covered health care service from a contracted provider or health	31539
care facility, the health insuring corporation must provide that	31540
health care service from a noncontracted provider or health care	31541
facility consistent with the terms of the enrollee's policy,	31542
contract, certificate, or agreement. The health insuring	31543
corporation shall either ensure that the health care service be	31544
provided at no greater cost to the enrollee than if the enrollee	31545
had obtained the health care service from a contracted provider or	31546
health care facility, or make other arrangements acceptable to the	31547
superintendent of insurance.	31548

(3) Nothing in this section shall prohibit a health insuring	31549
corporation from entering into contracts with out-of-state	31550
providers or health care facilities that are licensed, certified,	31551
accredited, or otherwise authorized in that state.	31552

(B)(1) A health insuring corporation shall, either directly	31553
or indirectly, enter into contracts with all providers and health	31554
care facilities through which health care services are provided to	31555
its enrollees.	31556

(2) A health insuring corporation, upon written request,	31557
shall assist its contracted providers in finding stop-loss or	31558
reinsurance carriers.	31559

(C) A health insuring corporation shall file an annual	31560
certificate with the superintendent certifying that all provider	31561
contracts and contracts with health care facilities through which	31562
health care services are being provided contain the following:	31563

(1) A description of the method by which the provider or	31564
health care facility will be notified of the specific health care	31565
services for which the provider or health care facility will be	31566
responsible, including any limitations or conditions on such	31567
services;	31568

(2) The specific hold harmless provision specifying	31569
protection of enrollees set forth as follows:	31570

"[Provider/Health Care Facility] agrees that in no event,	31571
including but not limited to nonpayment by the health insuring	31572
corporation, insolvency of the health insuring corporation, or	31573
breach of this agreement, shall [Provider/Health Care Facility]	31574
bill, charge, collect a deposit from, seek remuneration or	31575
reimbursement from, or have any recourse against, a subscriber,	31576
enrollee, person to whom health care services have been provided,	31577
or person acting on behalf of the covered enrollee, for health	31578
care services provided pursuant to this agreement. This does not	31579
prohibit [Provider/Health Care Facility] from collecting	31580
co-insurance, deductibles, or copayments as specifically provided	31581
in the evidence of coverage, or fees for uncovered health care	31582
services delivered on a fee-for-service basis to persons	31583
referenced above, nor from any recourse against the health	31584
insuring corporation or its successor."	31585

(3) Provisions requiring the provider or health care facility	31586
to continue to provide covered health care services to enrollees	31587
in the event of the health insuring corporation's insolvency or	31588
discontinuance of operations. The provisions shall require the	31589
provider or health care facility to continue to provide covered	31590
health care services to enrollees as needed to complete any	31591
medically necessary procedures commenced but unfinished at the	31592
time of the health insuring corporation's insolvency or	31593
discontinuance of operations. The completion of a medically	31594
necessary procedure shall include the rendering of all covered	31595
health care services that constitute medically necessary follow-up	31596
care for that procedure. If an enrollee is receiving necessary	31597
inpatient care at a hospital, the provisions may limit the	31598
required provision of covered health care services relating to	31599
that inpatient care in accordance with division (D)(3) of section	31600
1751.11 of the Revised Code, and may also limit such required	31601
provision of covered health care services to the period ending	31602
thirty days after the health insuring corporation's insolvency or	31603
discontinuance of operations.	31604

The provisions required by division (C)(3) of this section	31605
shall not require any provider or health care facility to continue	31606
to provide any covered health care service after the occurrence of	31607
any of the following:	31608

(a) The end of the thirty-day period following the entry of a	31609
liquidation order under Chapter 3903. of the Revised Code;	31610

(b) The end of the enrollee's period of coverage for a	31611
contractual prepayment or premium;	31612

(c) The enrollee obtains equivalent coverage with another	31613
health insuring corporation or insurer, or the enrollee's employer	31614
obtains such coverage for the enrollee;	31615

(d) The enrollee or the enrollee's employer terminates	31616
coverage under the contract;	31617

(e) A liquidator effects a transfer of the health insuring	31618
corporation's obligations under the contract under division (A)(8)	31619
of section 3903.21 of the Revised Code.	31620

(4) A provision clearly stating the rights and	31621
responsibilities of the health insuring corporation, and of the	31622
contracted providers and health care facilities, with respect to	31623
administrative policies and programs, including, but not limited	31624
to, payments systems, utilization review, quality assurance,	31625
assessment, and improvement programs, credentialing,	31626
confidentiality requirements, and any applicable federal or state	31627
programs;	31628

(5) A provision regarding the availability and	31629
confidentiality of those health records maintained by providers	31630
and health care facilities to monitor and evaluate the quality of	31631
care, to conduct evaluations and audits, and to determine on a	31632
concurrent or retrospective basis the necessity of and	31633
appropriateness of health care services provided to enrollees. The	31634
provision shall include terms requiring the provider or health	31635
care facility to make these health records available to	31636
appropriate state and federal authorities involved in assessing	31637
the quality of care or in investigating the grievances or	31638
complaints of enrollees, and requiring the provider or health care	31639
facility to comply with applicable state and federal laws related	31640
to the confidentiality of medical or health records.	31641

(6) A provision that states that contractual rights and	31642
responsibilities may not be assigned or delegated by the provider	31643
or health care facility without the prior written consent of the	31644
health insuring corporation;	31645

(7) A provision requiring the provider or health care	31646
facility to maintain adequate professional liability and	31647
malpractice insurance. The provision shall also require the	31648
provider or health care facility to notify the health insuring	31649
corporation not more than ten days after the provider's or health	31650
care facility's receipt of notice of any reduction or cancellation	31651
of such coverage.	31652

(8) A provision requiring the provider or health care	31653
facility to observe, protect, and promote the rights of enrollees	31654
as patients;	31655

(9) A provision requiring the provider or health care	31656
facility to provide health care services without discrimination on	31657
the basis of a patient's participation in the health care plan,	31658
age, sex, ethnicity, religion, sexual preference, health status,	31659
or disability, and without regard to the source of payments made	31660
for health care services rendered to a patient. This requirement	31661
shall not apply to circumstances when the provider or health care	31662
facility appropriately does not render services due to limitations	31663
arising from the provider's or health care facility's lack of	31664
training, experience, or skill, or due to licensing restrictions.	31665

(10) A provision containing the specifics of any obligation	31666
on the primary care provider to provide, or to arrange for the	31667
provision of, covered health care services twenty-four hours per	31668
day, seven days per week;	31669

(11) A provision setting forth procedures for the resolution	31670
of disputes arising out of the contract;	31671

(12) A provision stating that the hold harmless provision	31672
required by division (C)(2) of this section shall survive the	31673
termination of the contract with respect to services covered and	31674
provided under the contract during the time the contract was in	31675
effect, regardless of the reason for the termination, including	31676
the insolvency of the health insuring corporation;	31677

(13) A provision requiring those terms that are used in the	31678
contract and that are defined by this chapter, be used in the	31679
contract in a manner consistent with those definitions.	31680

This division does not apply to the coverage of beneficiaries	31681
enrolled in medicare pursuant to a medicare risk contract or	31682
medicare cost contract, or to the coverage of beneficiaries	31683
enrolled in the federal employee health benefits program pursuant	31684
to 5 U.S.C.A. 8905, or to the coverage of medicaid recipients, or	31685
to the coverage of beneficiaries under any federal health care	31686
program regulated by a federal regulatory body, ~~or to the coverage~~	31687
~~of participants of the children's buy-in program,~~ or to the	31688
coverage of beneficiaries under any contract covering officers or	31689
employees of the state that has been entered into by the	31690
department of administrative services.	31691

(D)(1) No health insuring corporation contract with a	31692
provider or health care facility shall contain any of the	31693
following:	31694

(a) A provision that directly or indirectly offers an	31695
inducement to the provider or health care facility to reduce or	31696
limit medically necessary health care services to a covered	31697
enrollee;	31698

(b) A provision that penalizes a provider or health care	31699
facility that assists an enrollee to seek a reconsideration of the	31700
health insuring corporation's decision to deny or limit benefits	31701
to the enrollee;	31702

(c) A provision that limits or otherwise restricts the	31703
provider's or health care facility's ethical and legal	31704
responsibility to fully advise enrollees about their medical	31705
condition and about medically appropriate treatment options;	31706

(d) A provision that penalizes a provider or health care	31707
facility for principally advocating for medically necessary health	31708
care services;	31709

(e) A provision that penalizes a provider or health care	31710
facility for providing information or testimony to a legislative	31711
or regulatory body or agency. This shall not be construed to	31712
prohibit a health insuring corporation from penalizing a provider	31713
or health care facility that provides information or testimony	31714
that is libelous or slanderous or that discloses trade secrets	31715
which the provider or health care facility has no privilege or	31716
permission to disclose.	31717

(f) A provision that violates Chapter 3963. of the Revised	31718
Code.	31719

(2) Nothing in this division shall be construed to prohibit a	31720
health insuring corporation from doing either of the following:	31721

(a) Making a determination not to reimburse or pay for a	31722
particular medical treatment or other health care service;	31723

(b) Enforcing reasonable peer review or utilization review	31724
protocols, or determining whether a particular provider or health	31725
care facility has complied with these protocols.	31726

(E) Any contract between a health insuring corporation and an	31727
intermediary organization shall clearly specify that the health	31728
insuring corporation must approve or disapprove the participation	31729
of any provider or health care facility with which the	31730
intermediary organization contracts.	31731

(F) If an intermediary organization that is not a health	31732
delivery network contracting solely with self-insured employers	31733
subcontracts with a provider or health care facility, the	31734
subcontract with the provider or health care facility shall do all	31735
of the following:	31736

(1) Contain the provisions required by divisions (C) and (G)	31737
of this section, as made applicable to an intermediary	31738
organization, without the inclusion of inducements or penalties	31739
described in division (D) of this section;	31740

(2) Acknowledge that the health insuring corporation is a	31741
third-party beneficiary to the agreement;	31742

(3) Acknowledge the health insuring corporation's role in	31743
approving the participation of the provider or health care	31744
facility, pursuant to division (E) of this section.	31745

(G) Any provider contract or contract with a health care	31746
facility shall clearly specify the health insuring corporation's	31747
statutory responsibility to monitor and oversee the offering of	31748
covered health care services to its enrollees.	31749

(H)(1) A health insuring corporation shall maintain its	31750
provider contracts and its contracts with health care facilities	31751
at one or more of its places of business in this state, and shall	31752
provide copies of these contracts to facilitate regulatory review	31753
upon written notice by the superintendent of insurance.	31754

(2) Any contract with an intermediary organization that	31755
accepts compensation shall include provisions requiring the	31756
intermediary organization to provide the superintendent with	31757
regulatory access to all books, records, financial information,	31758
and documents related to the provision of health care services to	31759
subscribers and enrollees under the contract. The contract shall	31760
require the intermediary organization to maintain such books,	31761
records, financial information, and documents at its principal	31762
place of business in this state and to preserve them for at least	31763
three years in a manner that facilitates regulatory review.	31764

(I)(1) A health insuring corporation shall notify its	31765
affected enrollees of the termination of a contract for the	31766
provision of health care services between the health insuring	31767
corporation and a primary care physician or hospital, by mail,	31768
within thirty days after the termination of the contract.	31769

(a) Notice shall be given to subscribers of the termination	31770
of a contract with a primary care physician if the subscriber, or	31771
a dependent covered under the subscriber's health care coverage,	31772
has received health care services from the primary care physician	31773
within the previous twelve months or if the subscriber or	31774
dependent has selected the physician as the subscriber's or	31775
dependent's primary care physician within the previous twelve	31776
months.	31777

(b) Notice shall be given to subscribers of the termination	31778
of a contract with a hospital if the subscriber, or a dependent	31779
covered under the subscriber's health care coverage, has received	31780
health care services from that hospital within the previous twelve	31781
months.	31782

(2) The health insuring corporation shall pay, in accordance	31783
with the terms of the contract, for all covered health care	31784
services rendered to an enrollee by a primary care physician or	31785
hospital between the date of the termination of the contract and	31786
five days after the notification of the contract termination is	31787
mailed to a subscriber at the subscriber's last known address.	31788

(J) Divisions (A) and (B) of this section do not apply to any	31789
health insuring corporation that, on June 4, 1997, holds a	31790
certificate of authority or license to operate under Chapter 1740.	31791
of the Revised Code.	31792

(K) Nothing in this section shall restrict the governing body	31793
of a hospital from exercising the authority granted it pursuant to	31794
section 3701.351 of the Revised Code.	31795

Sec. 1751.15. (A) Each health insuring corporation shall	31796
accept individuals for open enrollment coverage as provided in	31797
sections 3923.58 and 3923.581 of the Revised Code. A health	31798
insuring corporation may reinsure coverage of any individual	31799
acquired under those sections with the open enrollment reinsurance	31800
program in accordance with division (G) of section 3924.11 of the	31801
Revised Code. Fixed periodic prepayment rates charged for coverage	31802
reinsured by the program shall be established in accordance with	31803
section 3924.12 of the Revised Code.	31804

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

31805

(1) Any health insuring corporation that offers only	31806
supplemental health care services or specialty health care	31807
services;	31808

(2) Any health insuring corporation that offers plans only	31809
through medicare,or medicaid~~, or the children's buy-in program~~	31810
and that has no other commercial enrollment;	31811

(3) Any health insuring corporation that offers plans only	31812
through other federal health care programs regulated by federal	31813
regulatory bodies and that has no other commercial enrollment;	31814

(4) Any health insuring corporation that offers plans only	31815
through contracts covering officers or employees of the state that	31816
have been entered into by the department of administrative	31817
services and that has no other commercial enrollment.	31818

Sec. 1751.17. (A) As used in this section, "nongroup	31819
contract" means a contract issued by a health insuring corporation	31820
to an individual who makes direct application for coverage under	31821
the contract and who, if required by the health insuring	31822
corporation, submits to medical underwriting. "Nongroup contract"	31823
does not include group conversion coverage, coverage obtained	31824
through open enrollment, or coverage issued on the basis of	31825
membership in a group.	31826

(B) Except as provided in division (C) of this section, every	31827
nongroup contract that is issued by a health insuring corporation	31828
and that makes available basic health care services shall provide	31829
an option for conversion to a contract issued on a direct-payment	31830
basis to an enrollee covered by the nongroup contract. The option	31831
for conversion shall be available:	31832

(1) Upon the death of the subscriber, to the surviving spouse	31833
with respect to the spouse or dependents who were then covered by	31834
the nongroup contract;	31835

(2) Upon the divorce, dissolution, or annulment of the	31836
marriage of the subscriber, to the divorced spouse, or, in the	31837
event of annulment, to the former spouse of the subscriber;	31838

(3) To a child solely with respect to the child, upon the	31839
child's attaining the limiting age of coverage under the nongroup	31840
contract while covered as a dependent under the contract.	31841

(C) The direct payment contract offered pursuant to division	31842
(B) of this section shall not be made available to an enrollee if	31843
any of the following applies:	31844

(1) The enrollee is, or is eligible to be, covered for	31845
benefits at least comparable to the nongroup contract under any of	31846
the following:	31847

(a) Medicaid;

31848

(b) ~~The children's buy-in program;~~

31849

~~(c)~~ Medicare;

31850

~~(d)~~(c) Any act of congress or law under this or any other	31851
state of the United States providing coverage at least comparable	31852
to the benefits offered under division (C)(1)(a),or (b)~~, or (c)~~	31853
of this section.	31854

(2) The nongroup contract under which the enrollee was	31855
covered was terminated due to nonpayment of a premium rate.	31856

(3) The enrollee is eligible for group coverage provided by,	31857
or available through, an employer or association and the group	31858
coverage provides benefits comparable to the benefits provided	31859
under a direct payment contract.	31860

(D) The direct payment contract offered pursuant to division	31861
(B) of this section shall provide benefits that are at least	31862
comparable to the benefits provided by the nongroup contract under	31863
which the enrollee was covered at the time of the occurrence of	31864
any of the events set forth in division (B) of this section. The	31865
coverage provided under the direct payment contract shall be	31866
continuous, provided that the enrollee makes the required premium	31867
rate payment within the thirty-day period immediately following	31868
the occurrence of the event, and may be terminated for nonpayment	31869
of any required premium rate payment.	31870

(E) The evidence of coverage of every nongroup contract shall	31871
contain notice that an option for conversion to a contract issued	31872
on a direct-payment basis is available, in accordance with this	31873
section, to any enrollee covered by the contract.	31874

(F) Benefits otherwise payable to an enrollee under a direct	31875
payment contract shall be reduced by the amount of any benefits	31876
available to the enrollee under any applicable group health	31877
insuring corporation contract or group sickness and accident	31878
insurance policy.	31879

(G) Nothing in this section shall be construed as requiring a	31880
health insuring corporation to offer nongroup contracts.	31881

(H) This section does not apply to any nongroup contract	31882
offering only supplemental health care services or specialty	31883
health care services.	31884

Sec. 1751.20. (A) No health insuring corporation, or agent,	31885
employee, or representative of a health insuring corporation,	31886
shall use any advertisement or solicitation document, or shall	31887
engage in any activity, that is unfair, untrue, misleading, or	31888
deceptive.	31889

(B) No health insuring corporation shall use a name that is	31890
deceptively similar to the name or description of any insurance or	31891
surety corporation doing business in this state.	31892

(C) All solicitation documents, advertisements, evidences of	31893
coverage, and enrollee identification cards used by a health	31894
insuring corporation shall contain the health insuring	31895
corporation's name. The use of a trade name, an insurance group	31896
designation, the name of a parent company, the name of a division	31897
of an affiliated insurance company, a service mark, a slogan, a	31898
symbol, or other device, without the name of the health insuring	31899
corporation as stated in its articles of incorporation, shall not	31900
satisfy this requirement if the usage would have the capacity and	31901
tendency to mislead or deceive persons as to the true identity of	31902
the health insuring corporation.	31903

(D) No solicitation document or advertisement used by a	31904
health insuring corporation shall contain any words, symbols, or	31905
physical materials that are so similar in content, phraseology,	31906
shape, color, or other characteristic to those used by an agency	31907
of the federal government or this state, that prospective	31908
enrollees may be led to believe that the solicitation document or	31909
advertisement is connected with an agency of the federal	31910
government or this state.	31911

(E) A health insuring corporation that provides basic health	31912
care services may use the phrase "health maintenance organization"	31913
or the abbreviation "HMO" in its marketing name, advertising,	31914
solicitation documents, or marketing literature, or in reference	31915
to the phrase "doing business as" or the abbreviation "DBA."	31916

(F) This section does not apply to the coverage of	31917
beneficiaries enrolled in medicare pursuant to a medicare risk	31918
contract or medicare cost contract, or to the coverage of	31919
beneficiaries enrolled in the federal employee health benefits	31920
program pursuant to 5 U.S.C.A. 8905, or to the coverage of	31921
medicaid recipients~~, or to the coverage of participants of the~~	31922
~~children's buy-in program,~~ or to the coverage of beneficiaries	31923
under any federal health care program regulated by a federal	31924
regulatory body, or to the coverage of beneficiaries under any	31925
contract covering officers or employees of the state that has been	31926
entered into by the department of administrative services.	31927

Sec. 1751.31. (A) Any changes in a health insuring	31928
corporation's solicitation document shall be filed with the	31929
superintendent of insurance. The superintendent, within sixty days	31930
of filing, may disapprove any solicitation document or amendment	31931
to it on any of the grounds stated in this section. Such	31932
disapproval shall be effected by written notice to the health	31933
insuring corporation. The notice shall state the grounds for	31934
disapproval and shall be issued in accordance with Chapter 119. of	31935
the Revised Code.	31936

(B) The solicitation document shall contain all information	31937
necessary to enable a consumer to make an informed choice as to	31938
whether or not to enroll in the health insuring corporation. The	31939
information shall include a specific description of the health	31940
care services to be available and the approximate number and type	31941
of full-time equivalent medical practitioners. The information	31942
shall be presented in the solicitation document in a manner that	31943
is clear, concise, and intelligible to prospective applicants in	31944
the proposed service area.	31945

(C) Every potential applicant whose subscription to a health	31946
care plan is solicited shall receive, at or before the time of	31947
solicitation, a solicitation document approved by the	31948
superintendent.	31949

(D) Notwithstanding division (A) of this section, a health	31950
insuring corporation may use a solicitation document that the	31951
corporation uses in connection with policies for medicare	31952
beneficiaries pursuant to a medicare risk contract or medicare	31953
cost contract, or for policies for beneficiaries of the federal	31954
employees health benefits program pursuant to 5 U.S.C.A. 8905, or	31955
for policies for medicaid recipients, or for policies for	31956
beneficiaries of any other federal health care program regulated	31957
by a federal regulatory body, ~~or for policies for participants of~~	31958
~~the children's buy-in program,~~ or for policies for beneficiaries	31959
of contracts covering officers or employees of the state entered	31960
into by the department of administrative services, if both of the	31961
following apply:	31962

(1) The solicitation document has been approved by the United	31963
States department of health and human services, the United States	31964
office of personnel management, the department of job and family	31965
services, or the department of administrative services.	31966

(2) The solicitation document is filed with the	31967
superintendent of insurance prior to use and is accompanied by	31968
documentation of approval from the United States department of	31969
health and human services, the United States office of personnel	31970
management, the department of job and family services, or the	31971
department of administrative services.	31972

(E) No health insuring corporation, or its agents or	31973
representatives, shall use monetary or other valuable	31974
consideration, engage in misleading or deceptive practices, or	31975
make untrue, misleading, or deceptive representations to induce	31976
enrollment. Nothing in this division shall prohibit incentive	31977
forms of remuneration such as commission sales programs for the	31978
health insuring corporation's employees and agents.	31979

(F) Any person obligated for any part of a premium rate in	31980
connection with an enrollment agreement, in addition to any right	31981
otherwise available to revoke an offer, may cancel such agreement	31982
within seventy-two hours after having signed the agreement or	31983
offer to enroll. Cancellation occurs when written notice of the	31984
cancellation is given to the health insuring corporation or its	31985
agents or other representatives. A notice of cancellation mailed	31986
to the health insuring corporation shall be considered to have	31987
been filed on its postmark date.	31988

(G) Nothing in this section shall prohibit healthy lifestyle	31989
programs.	31990

Sec. 1751.34. (A) Each health insuring corporation and each	31991
applicant for a certificate of authority under this chapter shall	31992
be subject to examination by the superintendent of insurance in	31993
accordance with section 3901.07 of the Revised Code. Section	31994
3901.07 of the Revised Code shall govern every aspect of the	31995
examination, including the circumstances under and frequency with	31996
which it is conducted, the authority of the superintendent and any	31997
examiner or other person appointed by the superintendent, the	31998
liability for the assessment of expenses incurred in conducting	31999
the examination, and the remittance of the assessment to the	32000
superintendent's examination fund.	32001

(B) The superintendent shall make an examination concerning	32002
the matters subject to the superintendent's consideration in	32003
section 1751.04 of the Revised Code as often as the superintendent	32004
considers it necessary for the protection of the interests of the	32005
people of this state. The expenses of such examinations shall be	32006
assessed against the health insuring corporation being examined in	32007
the manner in which expenses of examinations are assessed against	32008
an insurance company under section 3901.07 of the Revised Code.	32009
Nothing in this division requires the superintendent to make an	32010
examination of any of the following:	32011

(1) A health insuring corporation that covers solely medicaid	32012
recipients;	32013

(2) A health insuring corporation that covers solely medicare	32014
beneficiaries;	32015

(3) A health insuring corporation that covers solely medicaid	32016
recipients and medicare beneficiaries;	32017

~~(4) A health insuring corporation that covers solely~~	32018
~~participants of the children's buy-in program;~~	32019

~~(5) A health insuring corporation that covers solely medicaid~~	32020
~~recipients and participants of the children's buy-in program;~~	32021

~~(6) A health insuring corporation that covers solely medicaid~~	32022
~~recipients, medicare beneficiaries, and participants of the~~	32023
~~children's buy-in program~~.	32024

(C) An examination, pursuant to section 3901.07 of the	32025
Revised Code, of an insurance company holding a certificate of	32026
authority under this chapter to organize and operate a health	32027
insuring corporation shall include an examination of the health	32028
insuring corporation pursuant to this section and the examination	32029
shall satisfy the requirements of divisions (A) and (B) of this	32030
section.	32031

(D) The superintendent may conduct market conduct	32032
examinations pursuant to section 3901.011 of the Revised Code of	32033
any health insuring corporation as often as the superintendent	32034
considers it necessary for the protection of the interests of	32035
subscribers and enrollees. The expenses of such market conduct	32036
examinations shall be assessed against the health insuring	32037
corporation being examined. All costs, assessments, or fines	32038
collected under this division shall be paid into the state	32039
treasury to the credit of the department of insurance operating	32040
fund.	32041

Sec. 1751.60. (A) Except as provided for in divisions (E)	32042
and (F) of this section, every provider or health care facility	32043
that contracts with a health insuring corporation to provide	32044
health care services to the health insuring corporation's	32045
enrollees or subscribers shall seek compensation for covered	32046
services solely from the health insuring corporation and not,	32047
under any circumstances, from the enrollees or subscribers, except	32048
for approved copayments and deductibles.	32049

(B) No subscriber or enrollee of a health insuring	32050
corporation is liable to any contracting provider or health care	32051
facility for the cost of any covered health care services, if the	32052
subscriber or enrollee has acted in accordance with the evidence	32053
of coverage.	32054

(C) Except as provided for in divisions (E) and (F) of this	32055
section, every contract between a health insuring corporation and	32056
provider or health care facility shall contain a provision	32057
approved by the superintendent of insurance requiring the provider	32058
or health care facility to seek compensation solely from the	32059
health insuring corporation and not, under any circumstances, from	32060
the subscriber or enrollee, except for approved copayments and	32061
deductibles.	32062

(D) Nothing in this section shall be construed as preventing	32063
a provider or health care facility from billing the enrollee or	32064
subscriber of a health insuring corporation for noncovered	32065
services.	32066

(E) Upon application by a health insuring corporation and a	32067
provider or health care facility, the superintendent may waive the	32068
requirements of divisions (A) and (C) of this section when, in	32069
addition to the reserve requirements contained in section 1751.28	32070
of the Revised Code, the health insuring corporation provides	32071
sufficient assurances to the superintendent that the provider or	32072
health care facility has been provided with financial guarantees.	32073
No waiver of the requirements of divisions (A) and (C) of this	32074
section is effective as to enrollees or subscribers for whom the	32075
health insuring corporation is compensated under a provider	32076
agreement or risk contract entered into pursuant to Chapter 5111.	32077
or 5115. of the Revised Code ~~or under the children's buy-in~~	32078
~~program~~.	32079

(F) The requirements of divisions (A) to (C) of this section	32080
apply only to health care services provided to an enrollee or	32081
subscriber prior to the effective date of a termination of a	32082
contract between the health insuring corporation and the provider	32083
or health care facility.	32084

Sec. 1761.04. (A) The licensing and operation of a credit	32085
union share guaranty corporation is subject to the regulation of	32086
the superintendent of insurance pursuant to Chapters 3901., 3903.,	32087
3905., 3925., 3927., 3929., 3937., 3941., and 3999. of the Revised	32088
Code to the extent such laws are otherwise applicable and are not	32089
in conflict with this chapter.	32090

(B) A credit union share guaranty corporation shall pay, by	32091
the fifteenth day of April of each year, to the superintendent of	32092
credit unions, an annual fee of one-half of one per cent of its	32093
guarantee fund as shown by the corporation's last annual financial	32094
report, but in no event shall such payment exceed ~~five~~twenty-five	32095
thousand dollars in any calendar year.	32096

(C) In addition to the specific powers and duties given the	32097
superintendent of insurance and the superintendent of credit	32098
unions under this chapter, the superintendents may independently,	32099
pursuant to Chapter 119. of the Revised Code, adopt, amend, and	32100
rescind such rules as are necessary to implement the requirements	32101
of this chapter.	32102

Sec. 1776.83. (A) A limited liability partnership and a	32103
foreign limited liability partnership authorized to transact	32104
business in this state shall file a biennial report in the office	32105
of the secretary of state. The report shall contain all of the	32106
following:	32107

(1) The name of the limited liability partnership and the	32108
state or other jurisdiction under whose laws the foreign limited	32109
liability partnership is formed;	32110

(2) The street address of the partnership's chief executive	32111
office and, if the partnership's chief executive office is not in	32112
this state, the street address of any office of the partnership in	32113
this state;	32114

(3) If the partnership does not have an office in this state,	32115
the name and street address of the partnership's current agent for	32116
service of process.	32117

(B) A partnership shall file a biennial report between the	32118
first day of April and the first day of July of each odd-numbered	32119
year that follows the calendar year in which the partnership files	32120
a statement of qualification or a foreign partnership becomes	32121
authorized to transact business in this state.	32122

(C) The secretary of state may revoke the statement of	32123
qualification of any partnership that fails to file a biennial	32124
report when due or pay the required filing fee. To revoke a	32125
statement, the secretary of state shall provide the partnership at	32126
least sixty days' written notice of the intent to revoke, mailed	32127
to the partnership at its chief executive office set forth in the	32128
last filed statement of qualification or biennial report or sent	32129
by electronic mail to the last electronic mail address provided to	32130
the secretary of state. The notice shall specify the report that	32131
the partnership failed to file, the unpaid fee, and the effective	32132
date of the revocation. The revocation is not effective if the	32133
partnership files the report and pays the fee before the effective	32134
date of the revocation.	32135

(D) A revocation under division (C) of this section affects	32136
only a partnership's status as a limited liability partnership and	32137
is not an event of dissolution of the partnership.	32138

(E) A partnership whose statement of qualification is revoked	32139
may apply to the secretary of state for reinstatement within two	32140
years after the effective date of the revocation. The application	32141
for reinstatement shall state the name of the partnership, the	32142
effective date of the revocation, and that the ground for	32143
revocation either did not exist or has been corrected.	32144

(F) A reinstatement under division (E) of this section	32145
relates back to and takes effect as of the effective date of the	32146
revocation, and the partnership's status as a limited liability	32147
partnership continues as if the revocation had never occurred.	32148

Sec. 1785.06. A professional association, within thirty days	32149
after the thirtieth day of June in each even-numbered year, shall	32150
furnish a statement to the secretary of state showing the names	32151
and post-office addresses of all of the shareholders in the	32152
association and certifying that all of the shareholders are duly	32153
licensed, certificated, or otherwise legally authorized to render	32154
within this state the same professional service for which the	32155
association was organized or, in the case of a combination of	32156
professional services described in division (B) of section 1785.01	32157
of the Revised Code, to render within this state any of the	32158
applicable types of professional services for which the	32159
association was organized. This statement shall be made on a form	32160
that the secretary of state shall prescribe, shall be signed by an	32161
officer of the association, and shall be filed in the office of	32162
the secretary of state.	32163

If any professional association fails to file the biennial	32164
statement within the time required by this section, the secretary	32165
of state shall give notice of the failure by ~~certified~~ordinary or	32166
electronic mail~~, return receipt requested,~~ to the last known	32167
physical or electronic address of the association or its agent. If	32168
the biennial statement is not filed within thirty days after the	32169
mailing of the notice, the secretary of state, upon the expiration	32170
of that period, shall cancel the association's articles of	32171
incorporation, give notice of the cancellation to the association	32172
by ordinary or electronic mail sent to the last known physical or	32173
electronic address of the association or its agent, and make a	32174
notation of the cancellation on the records of the secretary of	32175
state.	32176

A professional association whose articles have been canceled	32177
pursuant to this section may be reinstated by filing an	32178
application for reinstatement and the required biennial statement	32179
or statements and by paying the reinstatement fee specified in	32180
division (Q) of section 111.16 of the Revised Code. The rights,	32181
privileges, and franchises of a professional association whose	32182
articles have been reinstated are subject to section 1701.922 of	32183
the Revised Code. The secretary of state shall inform the tax	32184
commissioner of all cancellations and reinstatements under this	32185
section.	32186

Sec. 1901.18. (A) Except as otherwise provided in this	32187
division or section 1901.181 of the Revised Code, subject to the	32188
monetary jurisdiction of municipal courts as set forth in section	32189
1901.17 of the Revised Code, a municipal court has original	32190
jurisdiction within its territory in all of the following actions	32191
or proceedings and to perform all of the following functions:	32192

(1) In any civil action, of whatever nature or remedy, of	32193
which judges of county courts have jurisdiction;	32194

(2) In any action or proceeding at law for the recovery of	32195
money or personal property of which the court of common pleas has	32196
jurisdiction;	32197

(3) In any action at law based on contract, to determine,	32198
preserve, and enforce all legal and equitable rights involved in	32199
the contract, to decree an accounting, reformation, or	32200
cancellation of the contract, and to hear and determine all legal	32201
and equitable remedies necessary or proper for a complete	32202
determination of the rights of the parties to the contract;	32203

(4) In any action or proceeding for the sale of personal	32204
property under chattel mortgage, lien, encumbrance, or other	32205
charge, for the foreclosure and marshalling of liens on personal	32206
property of that nature, and for the rendering of personal	32207
judgment in the action or proceeding;	32208

(5) In any action or proceeding to enforce the collection of	32209
its own judgments or the judgments rendered by any court within	32210
the territory to which the municipal court has succeeded, and to	32211
subject the interest of a judgment debtor in personal property to	32212
satisfy judgments enforceable by the municipal court;	32213

(6) In any action or proceeding in the nature of	32214
interpleader;	32215

(7) In any action of replevin;

32216

(8) In any action of forcible entry and detainer;

32217

(9) In any action concerning the issuance and enforcement of	32218
temporary protection orders pursuant to section 2919.26 of the	32219
Revised Code or protection orders pursuant to section 2903.213 of	32220
the Revised Code or the enforcement of protection orders issued by	32221
courts of another state, as defined in section 2919.27 of the	32222
Revised Code;	32223

(10) If the municipal court has a housing or environmental	32224
division, in any action over which the division is given	32225
jurisdiction by section 1901.181 of the Revised Code, provided	32226
that, except as specified in division (B) of that section, no	32227
judge of the court other than the judge of the division shall hear	32228
or determine any action over which the division has jurisdiction;	32229

(11) In any action brought pursuant to division (I) of	32230
section ~~3733.11~~4781.40 of the Revised Code, if the residential	32231
premises that are the subject of the action are located within the	32232
territorial jurisdiction of the court;	32233

(12) In any civil action as described in division (B)(1) of	32234
section 3767.41 of the Revised Code that relates to a public	32235
nuisance, and, to the extent any provision of this chapter	32236
conflicts or is inconsistent with a provision of that section, the	32237
provision of that section shall control in the civil action.	32238

(B) The Cleveland municipal court also shall have	32239
jurisdiction within its territory in all of the following actions	32240
or proceedings and to perform all of the following functions:	32241

(1) In all actions and proceedings for the sale of real	32242
property under lien of a judgment of the municipal court or a lien	32243
for machinery, material, or fuel furnished or labor performed,	32244
irrespective of amount, and, in those actions and proceedings, the	32245
court may proceed to foreclose and marshal all liens and all	32246
vested or contingent rights, to appoint a receiver, and to render	32247
personal judgment irrespective of amount in favor of any party.	32248

(2) In all actions for the foreclosure of a mortgage on real	32249
property given to secure the payment of money or the enforcement	32250
of a specific lien for money or other encumbrance or charge on	32251
real property, when the amount claimed by the plaintiff does not	32252
exceed fifteen thousand dollars and the real property is situated	32253
within the territory, and, in those actions, the court may proceed	32254
to foreclose all liens and all vested and contingent rights and	32255
may proceed to render judgments and make findings and orders	32256
between the parties in the same manner and to the same extent as	32257
in similar actions in the court of common pleas.	32258

(3) In all actions for the recovery of real property situated	32259
within the territory to the same extent as courts of common pleas	32260
have jurisdiction;	32261

(4) In all actions for injunction to prevent or terminate	32262
violations of the ordinances and regulations of the city of	32263
Cleveland enacted or promulgated under the police power of the	32264
city of Cleveland, pursuant to Section 3 of Article XVIII, Ohio	32265
Constitution, over which the court of common pleas has or may have	32266
jurisdiction, and, in those actions, the court may proceed to	32267
render judgments and make findings and orders in the same manner	32268
and to the same extent as in similar actions in the court of	32269
common pleas.	32270

Sec. 1909.11. A county court judge has jurisdiction in any	32271
action brought pursuant to division (I) of section ~~3733.11~~4781.40	32272
of the Revised Code if the residential premises that are the	32273
subject of the action are located within the territorial	32274
jurisdiction of the judge's county court district.	32275

Sec. 1923.01. (A) As provided in this chapter, any judge of	32276
a county or municipal court or a court of common pleas, within the	32277
judge's proper area of jurisdiction, may inquire about persons who	32278
make unlawful and forcible entry into lands or tenements and	32279
detain them, and about persons who make a lawful and peaceable	32280
entry into lands or tenements and hold them unlawfully and by	32281
force. If, upon the inquiry, it is found that an unlawful and	32282
forcible entry has been made and the lands or tenements are	32283
detained, or that, after a lawful entry, lands or tenements are	32284
held unlawfully and by force, a judge shall cause the plaintiff in	32285
an action under this chapter to have restitution of the lands or	32286
tenements.	32287

(B) An action shall be brought under this chapter within two	32288
years after the cause of action accrues.	32289

32290

(1) "Tenant" means a person who is entitled under a rental	32291
agreement to the use or occupancy of premises, other than premises	32292
located in a manufactured home park, to the exclusion of others,	32293
except that as used in division (A)(6) of section 1923.02 and	32294
section 1923.051 of the Revised Code, "tenant" includes a	32295
manufactured home park resident.	32296

(2) "Landlord" means the owner, lessor, or sublessor of	32297
premises, or the agent or person the landlord authorizes to manage	32298
premises or to receive rent from a tenant under a rental	32299
agreement, except, if required by the facts of the action to which	32300
the term is applied, "landlord" means a park operator.	32301

(3) "Resident" has the same meaning as in section ~~3733.01~~	32302
4781.01 of the Revised Code.	32303

(4) "Residential premises" has the same meaning as in section	32304
5321.01 of the Revised Code, except, if required by the facts of	32305
the action to which the term is applied, "residential premises"	32306
has the same meaning as in section ~~3733.01~~4781.01 of the Revised	32307
Code.	32308

(5) "Rental agreement" means any agreement or lease, written	32309
or oral, that establishes or modifies the terms, conditions,	32310
rules, or other provisions concerning the use or occupancy of	32311
premises by one of the parties to the agreement or lease, except	32312
that "rental agreement," as used in division (A)(13) of section	32313
1923.02 of the Revised Code and where the context requires as used	32314
in this chapter, means a rental agreement as defined in division	32315
(D) of section 5322.01 of the Revised Code.	32316

(6) "Controlled substance" has the same meaning as in section	32317
3719.01 of the Revised Code.	32318

(7) "School premises" has the same meaning as in section	32319
2925.01 of the Revised Code.	32320

(8) "Sexually oriented offense" and "child-victim oriented	32321
offense" have the same meanings as in section 2950.01 of the	32322
Revised Code.	32323

(9) "Recreational vehicle" and "mobile home" have the same	32324
meanings as in section 4501.01 of the Revised Code.	32325

(10) "Manufactured home" has the same meaning as in section	32326
3781.06 of the Revised Code.	32327

(11) "Manufactured home park" has the same meaning as in	32328
section ~~3733.01~~4781.01 of the Revised Code and also means any	32329
tract of land upon which one or two manufactured or mobile homes	32330
used for habitation are parked, either free of charge or for	32331
revenue purposes, pursuant to rental agreements between the owners	32332
of the manufactured or mobile homes and the owner of the tract of	32333
land.	32334

(12) "Park operator" has the same meaning as in section	32335
~~3733.01~~4781.01 of the Revised Code and also means a landlord of	32336
premises upon which one or two manufactured or mobile homes used	32337
for habitation are parked, either free of charge or for revenue	32338
purposes, pursuant to rental agreements between the owners of the	32339
manufactured or mobile homes and a landlord who is not licensed as	32340
a manufactured home park operator pursuant to Chapter ~~3733.~~4781.	32341
of the Revised Code.	32342

(13) "Personal property" means tangible personal property	32343
other than a manufactured home, mobile home, or recreational	32344
vehicle that is the subject of an action under this chapter.	32345

(14) "Preschool or child day-care center premises" has the	32346
same meaning as in section 2950.034 of the Revised Code.	32347

Sec. 1923.02. (A) Proceedings under this chapter may be had	32348
as follows:	32349

(1) Against tenants or manufactured home park residents	32350
holding over their terms;	32351

(2) Against tenants or manufactured home park residents in	32352
possession under an oral tenancy, who are in default in the	32353
payment of rent as provided in division (B) of this section;	32354

(3) In sales of real estate, on executions, orders, or other	32355
judicial process, when the judgment debtor was in possession at	32356
the time of the rendition of the judgment or decree, by virtue of	32357
which the sale was made;	32358

(4) In sales by executors, administrators, or guardians, and	32359
on partition, when any of the parties to the complaint were in	32360
possession at the commencement of the action, after the sales, so	32361
made on execution or otherwise, have been examined by the proper	32362
court and adjudged legal;	32363

(5) When the defendant is an occupier of lands or tenements,	32364
without color of title, and the complainant has the right of	32365
possession to them;	32366

(6) In any other case of the unlawful and forcible detention	32367
of lands or tenements. For purposes of this division, in addition	32368
to any other type of unlawful and forcible detention of lands or	32369
tenements, such a detention may be determined to exist when both	32370
of the following apply:	32371

(a) A tenant fails to vacate residential premises within	32372
three days after both of the following occur:	32373

(i) The tenant's landlord has actual knowledge of or has	32374
reasonable cause to believe that the tenant, any person in the	32375
tenant's household, or any person on the premises with the consent	32376
of the tenant previously has or presently is engaged in a	32377
violation of Chapter 2925. or 3719. of the Revised Code, or of a	32378
municipal ordinance that is substantially similar to any section	32379
in either of those chapters, which involves a controlled substance	32380
and which occurred in, is occurring in, or otherwise was or is	32381
connected with the premises, whether or not the tenant or other	32382
person has been charged with, has pleaded guilty to or been	32383
convicted of, or has been determined to be a delinquent child for	32384
an act that, if committed by an adult, would be a violation as	32385
described in this division. For purposes of this division, a	32386
landlord has "actual knowledge of or has reasonable cause to	32387
believe" that a tenant, any person in the tenant's household, or	32388
any person on the premises with the consent of the tenant	32389
previously has or presently is engaged in a violation as described	32390
in this division if a search warrant was issued pursuant to	32391
Criminal Rule 41 or Chapter 2933. of the Revised Code; the	32392
affidavit presented to obtain the warrant named or described the	32393
tenant or person as the individual to be searched and particularly	32394
described the tenant's premises as the place to be searched, named	32395
or described one or more controlled substances to be searched for	32396
and seized, stated substantially the offense under Chapter 2925.	32397
or 3719. of the Revised Code or the substantially similar	32398
municipal ordinance that occurred in, is occurring in, or	32399
otherwise was or is connected with the tenant's premises, and	32400
states the factual basis for the affiant's belief that the	32401
controlled substances are located on the tenant's premises; the	32402
warrant was properly executed by a law enforcement officer and any	32403
controlled substance described in the affidavit was found by that	32404
officer during the search and seizure; and, subsequent to the	32405
search and seizure, the landlord was informed by that or another	32406
law enforcement officer of the fact that the tenant or person has	32407
or presently is engaged in a violation as described in this	32408
division and it occurred in, is occurring in, or otherwise was or	32409
is connected with the tenant's premises.	32410

(ii) The landlord gives the tenant the notice required by	32411
division (C) of section 5321.17 of the Revised Code.	32412

(b) The court determines, by a preponderance of the evidence,	32413
that the tenant, any person in the tenant's household, or any	32414
person on the premises with the consent of the tenant previously	32415
has or presently is engaged in a violation as described in	32416
division (A)(6)(a)(i) of this section.	32417

(7) In cases arising out of Chapter 5313. of the Revised	32418
Code. In those cases, the court has the authority to declare a	32419
forfeiture of the vendee's rights under a land installment	32420
contract and to grant any other claims arising out of the	32421
contract.	32422

(8) Against tenants who have breached an obligation that is	32423
imposed by section 5321.05 of the Revised Code, other than the	32424
obligation specified in division (A)(9) of that section, and that	32425
materially affects health and safety. Prior to the commencement of	32426
an action under this division, notice shall be given to the tenant	32427
and compliance secured with section 5321.11 of the Revised Code.	32428

(9) Against tenants who have breached an obligation imposed	32429
upon them by a written rental agreement;	32430

(10) Against manufactured home park residents who have	32431
defaulted in the payment of rent or breached the terms of a rental	32432
agreement with a park operator. Nothing in this division precludes	32433
the commencement of an action under division (A)(12) of this	32434
section when the additional circumstances described in that	32435
division apply.	32436

(11) Against manufactured home park residents who have	32437
committed two material violations of the rules of the manufactured	32438
home park, of the ~~public health council~~manufactured homes	32439
commission, or of applicable state and local health and safety	32440
codes and who have been notified of the violations in compliance	32441
with section ~~3733.13~~4781.45 of the Revised Code;	32442

(12) Against a manufactured home park resident, or the estate	32443
of a manufactured home park resident, who as a result of death or	32444
otherwise has been absent from the manufactured home park for a	32445
period of thirty consecutive days prior to the commencement of an	32446
action under this division and whose manufactured home or mobile	32447
home, or recreational vehicle that is parked in the manufactured	32448
home park, has been left unoccupied for that thirty-day period,	32449
without notice to the park operator and without payment of rent	32450
due under the rental agreement with the park operator;	32451

(13) Against occupants of self-service storage facilities, as	32452
defined in division (A) of section 5322.01 of the Revised Code,	32453
who have breached the terms of a rental agreement or violated	32454
section 5322.04 of the Revised Code;	32455

(14) Against any resident or occupant who, pursuant to a	32456
rental agreement, resides in or occupies residential premises	32457
located within one thousand feet of any school premises or	32458
preschool or child day-care center premises and to whom both of	32459
the following apply:	32460

(a) The resident's or occupant's name appears on the state	32461
registry of sex offenders and child-victim offenders maintained	32462
under section 2950.13 of the Revised Code.	32463

(b) The state registry of sex offenders and child-victim	32464
offenders indicates that the resident or occupant was convicted of	32465
or pleaded guilty to a sexually oriented offense or a child-victim	32466
oriented offense in a criminal prosecution and was not sentenced	32467
to a serious youthful offender dispositional sentence for that	32468
offense.	32469

(15) Against any tenant who permits any person to occupy	32470
residential premises located within one thousand feet of any	32471
school premises or preschool or child day-care center premises if	32472
both of the following apply to the person:	32473

(a) The person's name appears on the state registry of sex	32474
offenders and child-victim offenders maintained under section	32475
2950.13 of the Revised Code.	32476

(b) The state registry of sex offenders and child-victim	32477
offenders indicates that the person was convicted of or pleaded	32478
guilty to a sexually oriented offense or a child-victim oriented	32479
offense in a criminal prosecution and was not sentenced to a	32480
serious youthful offender dispositional sentence for that offense.	32481

(B) If a tenant or manufactured home park resident holding	32482
under an oral tenancy is in default in the payment of rent, the	32483
tenant or resident forfeits the right of occupancy, and the	32484
landlord may, at the landlord's option, terminate the tenancy by	32485
notifying the tenant or resident, as provided in section 1923.04	32486
of the Revised Code, to leave the premises, for the restitution of	32487
which an action may then be brought under this chapter.	32488

(C)(1) If a tenant or any other person with the tenant's	32489
permission resides in or occupies residential premises that are	32490
located within one thousand feet of any school premises and is a	32491
resident or occupant of the type described in division (A)(14) of	32492
this section or a person of the type described in division (A)(15)	32493
of this section, the landlord for those residential premises, upon	32494
discovery that the tenant or other person is a resident, occupant,	32495
or person of that nature, may terminate the rental agreement or	32496
tenancy for those residential premises by notifying the tenant and	32497
all other occupants, as provided in section 1923.04 of the Revised	32498
Code, to leave the premises.	32499

(2) If a landlord is authorized to terminate a rental	32500
agreement or tenancy pursuant to division (C)(1) of this section	32501
but does not so terminate the rental agreement or tenancy, the	32502
landlord is not liable in a tort or other civil action in damages	32503
for any injury, death, or loss to person or property that	32504
allegedly result from that decision.	32505

(D) This chapter does not apply to a student tenant as	32506
defined by division (H) of section 5321.01 of the Revised Code	32507
when the college or university proceeds to terminate a rental	32508
agreement pursuant to section 5321.031 of the Revised Code.	32509

Sec. 1923.061. (A) Any defense in an action under this	32510
chapter may be asserted at trial.	32511

(B) In an action for possession of residential premises based	32512
upon nonpayment of the rent or in an action for rent when the	32513
tenant or manufactured home park resident is in possession, the	32514
tenant or resident may counterclaim for any amount hethe tenant	32515
or resident may recover under the rental agreement or under	32516
Chapter ~~3733.~~4781. or 5321. of the Revised Code. In that event,	32517
the court from time to time may order the tenant or resident to	32518
pay into court all or part of the past due rent and rent becoming	32519
due during the pendency of the action. After trial and judgment,	32520
the party to whom a net judgment is owed shall be paid first from	32521
the money paid into court, and any balance shall be satisfied as	32522
any other judgment. If no rent remains due after application of	32523
this division, judgment shall be entered for the tenant or	32524
resident in the action for possession. If the tenant or resident	32525
has paid into court an amount greater than that necessary to	32526
satisfy a judgment obtained by the landlord, the balance shall be	32527
returned by the court to the tenant or resident.	32528

Sec. 1923.15. During any proceeding involving residential	32529
premises under this chapter, the court may order an appropriate	32530
governmental agency to inspect the residential premises. If the	32531
agency determines and the court finds conditions which constitute	32532
a violation of section ~~3733.10~~4781.38 or 5321.04 of the Revised	32533
Code, and if the premises have been vacated or are to be restored	32534
to the landlord, the court may issue an order forbidding the	32535
re-rental of the property until such conditions are corrected. If	32536
the agency determines and the court finds such conditions, and if	32537
the court finds that the tenant or manufactured home park resident	32538
may remain in possession, the court may order such conditions	32539
corrected. If such conditions have been caused by the tenant or	32540
resident, the court may award damages to the landlord equal to the	32541
reasonable cost of correcting such conditions.	32542

Sec. 2101.08. The probate judge may appoint a ~~stenographic~~	32543
reporter and fix ~~his~~the reporter's compensation in the manner	32544
provided for the court of common pleas in sections 2301.18 to	32545
2301.26~~, inclusive,~~ of the Revised Code.	32546

Sec. 2105.09. (A) The county auditor, unless hethe auditor	32547
acts pursuant to division (C) of this section, shall take	32548
possession of real property escheated to the state that is located	32549
in ~~his~~the auditor's county and outside the incorporated area of a	32550
city. The auditor shall take possession in the name of the state	32551
and sell the property at public auction, at the county seat of the	32552
county, to the highest bidder, after having given thirty days'	32553
notice of the intended sale in a newspaper ~~published within~~of	32554
general circulation in the county or as provided in section 7.16	32555
of the Revised Code.	32556

On the application of the auditor, the court of common pleas	32557
shall appoint three disinterested freeholders of the county to	32558
appraise the real property. The freeholders shall be governed by	32559
the same rule as appraisers in sheriffs' or administrators' sales.	32560
The auditor shall sell the property at not less than two thirds of	32561
its appraised value and may sell it for cash, or for one-third	32562
cash and the balance in equal annual payments, the deferred	32563
payments to be amply secured. Upon payment of the whole	32564
consideration, the auditor shall execute a deed to the purchaser,	32565
in the name and on behalf of the state. The proceeds of the sale	32566
shall be paid by the auditor to the county treasurer.	32567

If there is a regularly organized agricultural society within	32568
the county, the treasurer shall pay the greater of six hundred	32569
dollars or five per cent of the proceeds, in any case, to the	32570
society. The excess of the proceeds, or the whole thereof if there	32571
is no regularly organized agricultural society within the county,	32572
shall be distributed as follows:	32573

(1) Twenty-five per cent shall be paid equally to the	32574
townships of the county;	32575

(2) Seventy per cent shall be paid into the state treasury to	32576
the credit of the agro Ohio fund created under section 901.04 of	32577
the Revised Code;	32578

(3) Five per cent shall be credited to the county general	32579
fund for such lawful purposes as the board of county commissioners	32580
provides.	32581

(B) The legislative authority of a city within which are	32582
lands escheated to the state, unless it acts pursuant to division	32583
(C) of this section, shall take possession of the lands for the	32584
city, and the title to the lands shall vest in the city. The city	32585
shall use the premises primarily for health, welfare, or	32586
recreational purposes, or may lease them at such prices and for	32587
such purposes as it considers proper. With the approval of the tax	32588
commissioner, the city may sell the lands or any undivided	32589
interest in the lands, in the same manner as is provided in the	32590
sale of land not needed for any municipal purposes; provided, that	32591
the net proceeds from the rent or sale of the premises shall be	32592
devoted to health, welfare, or recreational purposes.	32593

(C) As an alternative to the procedure prescribed in	32594
divisions (A) and (B) of this section, the county auditor, or if	32595
the real property is located within the incorporated area of a	32596
city, the legislative authority of that city by an affirmative	32597
vote of at least a majority of its members, may request the	32598
probate court to direct the administrator or executor of the	32599
estate that contains the escheated property to commence an action	32600
in the probate court for authority to sell the real property in	32601
the manner provided in Chapter 2127. of the Revised Code. The	32602
proceeds from the sale of real property that is located outside	32603
the incorporated area of a city shall be distributed by the court	32604
in the same manner as the proceeds are distributed under division	32605
(A) of this section. The proceeds from the sale of real property	32606
that is located within the incorporated area of a city shall be	32607
distributed by the court in the same manner as the proceeds are	32608
distributed under division (B) of this section.	32609

Sec. 2151.011. (A) As used in the Revised Code:

32610

(1) "Juvenile court" means whichever of the following is	32611
applicable that has jurisdiction under this chapter and Chapter	32612
2152. of the Revised Code:	32613

(a) The division of the court of common pleas specified in	32614
section 2101.022 or 2301.03 of the Revised Code as having	32615
jurisdiction under this chapter and Chapter 2152. of the Revised	32616
Code or as being the juvenile division or the juvenile division	32617
combined with one or more other divisions;	32618

(b) The juvenile court of Cuyahoga county or Hamilton county	32619
that is separately and independently created by section 2151.08 or	32620
Chapter 2153. of the Revised Code and that has jurisdiction under	32621
this chapter and Chapter 2152. of the Revised Code;	32622

(c) If division (A)(1)(a) or (b) of this section does not	32623
apply, the probate division of the court of common pleas.	32624

(2) "Juvenile judge" means a judge of a court having	32625
jurisdiction under this chapter.	32626

(3) "Private child placing agency" means any association, as	32627
defined in section 5103.02 of the Revised Code, that is certified	32628
under section 5103.03 of the Revised Code to accept temporary,	32629
permanent, or legal custody of children and place the children for	32630
either foster care or adoption.	32631

(4) "Private noncustodial agency" means any person,	32632
organization, association, or society certified by the department	32633
of job and family services that does not accept temporary or	32634
permanent legal custody of children, that is privately operated in	32635
this state, and that does one or more of the following:	32636

(a) Receives and cares for children for two or more	32637
consecutive weeks;	32638

(b) Participates in the placement of children in certified	32639
foster homes;	32640

(c) Provides adoption services in conjunction with a public	32641
children services agency or private child placing agency.	32642

(B) As used in this chapter:

32643

(1) "Adequate parental care" means the provision by a child's	32644
parent or parents, guardian, or custodian of adequate food,	32645
clothing, and shelter to ensure the child's health and physical	32646
safety and the provision by a child's parent or parents of	32647
specialized services warranted by the child's physical or mental	32648
needs.	32649

(2) "Adult" means an individual who is eighteen years of age	32650
or older.	32651

(3) "Agreement for temporary custody" means a voluntary	32652
agreement authorized by section 5103.15 of the Revised Code that	32653
transfers the temporary custody of a child to a public children	32654
services agency or a private child placing agency.	32655

(4) "Alternative response" means the public children services	32656
agency's response to a report of child abuse or neglect that	32657
engages the family in a comprehensive evaluation of child safety,	32658
risk of subsequent harm, and family strengths and needs and that	32659
does not include a determination as to whether child abuse or	32660
neglect occurred.	32661

(5) "Certified foster home" means a foster home, as defined	32662
in section 5103.02 of the Revised Code, certified under section	32663
5103.03 of the Revised Code.	32664

~~(5)~~(6) "Child" means a person who is under eighteen years of	32665
age, except that the juvenile court has jurisdiction over any	32666
person who is adjudicated an unruly child prior to attaining	32667
eighteen years of age until the person attains twenty-one years of	32668
age, and, for purposes of that jurisdiction related to that	32669
adjudication, a person who is so adjudicated an unruly child shall	32670
be deemed a "child" until the person attains twenty-one years of	32671
age.	32672

~~(6)~~(7) "Child day camp," "child care," "child day-care	32673
center," "part-time child day-care center," "type A family	32674
day-care home," "certified type B family day-care home," "type B	32675
home," "administrator of a child day-care center," "administrator	32676
of a type A family day-care home," "in-home aide," and "authorized	32677
provider" have the same meanings as in section 5104.01 of the	32678
Revised Code.	32679

~~(7)~~(8) "Child care provider" means an individual who is a	32680
child-care staff member or administrator of a child day-care	32681
center, a type A family day-care home, or a type B family day-care	32682
home, or an in-home aide or an individual who is licensed, is	32683
regulated, is approved, operates under the direction of, or	32684
otherwise is certified by the department of job and family	32685
services, department of developmental disabilities, or the early	32686
childhood programs of the department of education.	32687

~~(8)~~(9) "Chronic truant" has the same meaning as in section	32688
2152.02 of the Revised Code.	32689

~~(9)~~(10) "Commit" means to vest custody as ordered by the	32690
court.	32691

~~(10)~~(11) "Counseling" includes both of the following:

32692

(a) General counseling services performed by a public	32693
children services agency or shelter for victims of domestic	32694
violence to assist a child, a child's parents, and a child's	32695
siblings in alleviating identified problems that may cause or have	32696
caused the child to be an abused, neglected, or dependent child.	32697

(b) Psychiatric or psychological therapeutic counseling	32698
services provided to correct or alleviate any mental or emotional	32699
illness or disorder and performed by a licensed psychiatrist,	32700
licensed psychologist, or a person licensed under Chapter 4757. of	32701
the Revised Code to engage in social work or professional	32702
counseling.	32703

~~(11)~~(12) "Custodian" means a person who has legal custody of	32704
a child or a public children services agency or private child	32705
placing agency that has permanent, temporary, or legal custody of	32706
a child.	32707

~~(12)~~(13) "Delinquent child" has the same meaning as in	32708
section 2152.02 of the Revised Code.	32709

~~(13)~~(14) "Detention" means the temporary care of children	32710
pending court adjudication or disposition, or execution of a court	32711
order, in a public or private facility designed to physically	32712
restrict the movement and activities of children.	32713

~~(14)~~(15) "Developmental disability" has the same meaning as	32714
in section 5123.01 of the Revised Code.	32715

~~(15)~~(16) "Differential response approach" means an approach	32716
that a public children services agency may use to respond to	32717
accepted reports of child abuse or neglect with either an	32718
alternative response or a traditional response.	32719

(17) "Foster caregiver" has the same meaning as in section	32720
5103.02 of the Revised Code.	32721

~~(16)~~(18) "Guardian" means a person, association, or	32722
corporation that is granted authority by a probate court pursuant	32723
to Chapter 2111. of the Revised Code to exercise parental rights	32724
over a child to the extent provided in the court's order and	32725
subject to the residual parental rights of the child's parents.	32726

~~(17)~~(19) "Habitual truant" means any child of compulsory	32727
school age who is absent without legitimate excuse for absence	32728
from the public school the child is supposed to attend for five or	32729
more consecutive school days, seven or more school days in one	32730
school month, or twelve or more school days in a school year.	32731

~~(18)~~(20) "Juvenile traffic offender" has the same meaning as	32732
in section 2152.02 of the Revised Code.	32733

~~(19)~~(21) "Legal custody" means a legal status that vests in	32734
the custodian the right to have physical care and control of the	32735
child and to determine where and with whom the child shall live,	32736
and the right and duty to protect, train, and discipline the child	32737
and to provide the child with food, shelter, education, and	32738
medical care, all subject to any residual parental rights,	32739
privileges, and responsibilities. An individual granted legal	32740
custody shall exercise the rights and responsibilities personally	32741
unless otherwise authorized by any section of the Revised Code or	32742
by the court.	32743

~~(20)~~(22) A "legitimate excuse for absence from the public	32744
school the child is supposed to attend" includes, but is not	32745
limited to, any of the following:	32746

(a) The fact that the child in question has enrolled in and	32747
is attending another public or nonpublic school in this or another	32748
state;	32749

(b) The fact that the child in question is excused from	32750
attendance at school for any of the reasons specified in section	32751
3321.04 of the Revised Code;	32752

(c) The fact that the child in question has received an age	32753
and schooling certificate in accordance with section 3331.01 of	32754
the Revised Code.	32755

~~(21)~~(23) "Mental illness" and "mentally ill person subject to	32756
hospitalization by court order" have the same meanings as in	32757
section 5122.01 of the Revised Code.	32758

~~(22)~~(24) "Mental injury" means any behavioral, cognitive,	32759
emotional, or mental disorder in a child caused by an act or	32760
omission that is described in section 2919.22 of the Revised Code	32761
and is committed by the parent or other person responsible for the	32762
child's care.	32763

~~(23)~~(25) "Mentally retarded person" has the same meaning as	32764
in section 5123.01 of the Revised Code.	32765

~~(24)~~(26) "Nonsecure care, supervision, or training" means	32766
care, supervision, or training of a child in a facility that does	32767
not confine or prevent movement of the child within the facility	32768
or from the facility.	32769

~~(25)~~(27) "Of compulsory school age" has the same meaning as	32770
in section 3321.01 of the Revised Code.	32771

~~(26)~~(28) "Organization" means any institution, public,	32772
semipublic, or private, and any private association, society, or	32773
agency located or operating in the state, incorporated or	32774
unincorporated, having among its functions the furnishing of	32775
protective services or care for children, or the placement of	32776
children in certified foster homes or elsewhere.	32777

~~(27)~~(29) "Out-of-home care" means detention facilities,	32778
shelter facilities, certified children's crisis care facilities,	32779
certified foster homes, placement in a prospective adoptive home	32780
prior to the issuance of a final decree of adoption,	32781
organizations, certified organizations, child day-care centers,	32782
type A family day-care homes, child care provided by type B family	32783
day-care home providers and by in-home aides, group home	32784
providers, group homes, institutions, state institutions,	32785
residential facilities, residential care facilities, residential	32786
camps, day camps, public schools, chartered nonpublic schools,	32787
educational service centers, hospitals, and medical clinics that	32788
are responsible for the care, physical custody, or control of	32789
children.	32790

~~(28)~~(30) "Out-of-home care child abuse" means any of the	32791
following when committed by a person responsible for the care of a	32792
child in out-of-home care:	32793

(a) Engaging in sexual activity with a child in the person's	32794
care;	32795

(b) Denial to a child, as a means of punishment, of proper or	32796
necessary subsistence, education, medical care, or other care	32797
necessary for a child's health;	32798

(c) Use of restraint procedures on a child that cause injury	32799
or pain;	32800

(d) Administration of prescription drugs or psychotropic	32801
medication to the child without the written approval and ongoing	32802
supervision of a licensed physician;	32803

(e) Commission of any act, other than by accidental means,	32804
that results in any injury to or death of the child in out-of-home	32805
care or commission of any act by accidental means that results in	32806
an injury to or death of a child in out-of-home care and that is	32807
at variance with the history given of the injury or death.	32808

~~(29)~~(31) "Out-of-home care child neglect" means any of the	32809
following when committed by a person responsible for the care of a	32810
child in out-of-home care:	32811

(a) Failure to provide reasonable supervision according to	32812
the standards of care appropriate to the age, mental and physical	32813
condition, or other special needs of the child;	32814

(b) Failure to provide reasonable supervision according to	32815
the standards of care appropriate to the age, mental and physical	32816
condition, or other special needs of the child, that results in	32817
sexual or physical abuse of the child by any person;	32818

32819

(i) Administration of prescription drugs or psychotropic	32820
drugs for the child;	32821

(ii) Assuring that the instructions of the licensed physician	32822
who prescribed a drug for the child are followed;	32823

(iii) Reporting to the licensed physician who prescribed the	32824
drug all unfavorable or dangerous side effects from the use of the	32825
drug.	32826

(d) Failure to provide proper or necessary subsistence,	32827
education, medical care, or other individualized care necessary	32828
for the health or well-being of the child;	32829

(e) Confinement of the child to a locked room without	32830
monitoring by staff;	32831

(f) Failure to provide ongoing security for all prescription	32832
and nonprescription medication;	32833

(g) Isolation of a child for a period of time when there is	32834
substantial risk that the isolation, if continued, will impair or	32835
retard the mental health or physical well-being of the child.	32836

~~(30)~~(32) "Permanent custody" means a legal status that vests	32837
in a public children services agency or a private child placing	32838
agency, all parental rights, duties, and obligations, including	32839
the right to consent to adoption, and divests the natural parents	32840
or adoptive parents of all parental rights, privileges, and	32841
obligations, including all residual rights and obligations.	32842

~~(31)~~(33) "Permanent surrender" means the act of the parents	32843
or, if a child has only one parent, of the parent of a child, by a	32844
voluntary agreement authorized by section 5103.15 of the Revised	32845
Code, to transfer the permanent custody of the child to a public	32846
children services agency or a private child placing agency.	32847

~~(32)~~(34) "Person" means an individual, association,	32848
corporation, or partnership and the state or any of its political	32849
subdivisions, departments, or agencies.	32850

~~(33)~~(35) "Person responsible for a child's care in	32851
out-of-home care" means any of the following:	32852

(a) Any foster caregiver, in-home aide, or provider;

32853

(b) Any administrator, employee, or agent of any of the	32854
following: a public or private detention facility; shelter	32855
facility; certified children's crisis care facility; organization;	32856
certified organization; child day-care center; type A family	32857
day-care home; certified type B family day-care home; group home;	32858
institution; state institution; residential facility; residential	32859
care facility; residential camp; day camp; school district;	32860
community school; chartered nonpublic school; educational service	32861
center; hospital; or medical clinic;	32862

(c) Any person who supervises or coaches children as part of	32863
an extracurricular activity sponsored by a school district, public	32864
school, or chartered nonpublic school;	32865

(d) Any other person who performs a similar function with	32866
respect to, or has a similar relationship to, children.	32867

~~(34)~~(36) "Physically impaired" means having one or more of	32868
the following conditions that substantially limit one or more of	32869
an individual's major life activities, including self-care,	32870
receptive and expressive language, learning, mobility, and	32871
self-direction:	32872

(a) A substantial impairment of vision, speech, or hearing;

32873

(b) A congenital orthopedic impairment;

32874

(c) An orthopedic impairment caused by disease, rheumatic	32875
fever or any other similar chronic or acute health problem, or	32876
amputation or another similar cause.	32877

~~(35)~~(37) "Placement for adoption" means the arrangement by a	32878
public children services agency or a private child placing agency	32879
with a person for the care and adoption by that person of a child	32880
of whom the agency has permanent custody.	32881

~~(36)~~(38) "Placement in foster care" means the arrangement by	32882
a public children services agency or a private child placing	32883
agency for the out-of-home care of a child of whom the agency has	32884
temporary custody or permanent custody.	32885

~~(37)~~(39) "Planned permanent living arrangement" means an	32886
order of a juvenile court pursuant to which both of the following	32887
apply:	32888

(a) The court gives legal custody of a child to a public	32889
children services agency or a private child placing agency without	32890
the termination of parental rights.	32891

(b) The order permits the agency to make an appropriate	32892
placement of the child and to enter into a written agreement with	32893
a foster care provider or with another person or agency with whom	32894
the child is placed.	32895

~~(38)~~(40) "Practice of social work" and "practice of	32896
professional counseling" have the same meanings as in section	32897
4757.01 of the Revised Code.	32898

~~(39)~~(41) "Sanction, service, or condition" means a sanction,	32899
service, or condition created by court order following an	32900
adjudication that a child is an unruly child that is described in	32901
division (A)(4) of section 2152.19 of the Revised Code.	32902

~~(40)~~(42) "Protective supervision" means an order of	32903
disposition pursuant to which the court permits an abused,	32904
neglected, dependent, or unruly child to remain in the custody of	32905
the child's parents, guardian, or custodian and stay in the	32906
child's home, subject to any conditions and limitations upon the	32907
child, the child's parents, guardian, or custodian, or any other	32908
person that the court prescribes, including supervision as	32909
directed by the court for the protection of the child.	32910

~~(41)~~(43) "Psychiatrist" has the same meaning as in section	32911
5122.01 of the Revised Code.	32912

~~(42)~~(44) "Psychologist" has the same meaning as in section	32913
4732.01 of the Revised Code.	32914

~~(43)~~(45) "Residential camp" means a program in which the	32915
care, physical custody, or control of children is accepted	32916
overnight for recreational or recreational and educational	32917
purposes.	32918

~~(44)~~(46) "Residential care facility" means an institution,	32919
residence, or facility that is licensed by the department of	32920
mental health under section 5119.22 of the Revised Code and that	32921
provides care for a child.	32922

~~(45)~~(47) "Residential facility" means a home or facility that	32923
is licensed by the department of developmental disabilities under	32924
section 5123.19 of the Revised Code and in which a child with a	32925
developmental disability resides.	32926

~~(46)~~(48) "Residual parental rights, privileges, and	32927
responsibilities" means those rights, privileges, and	32928
responsibilities remaining with the natural parent after the	32929
transfer of legal custody of the child, including, but not	32930
necessarily limited to, the privilege of reasonable visitation,	32931
consent to adoption, the privilege to determine the child's	32932
religious affiliation, and the responsibility for support.	32933

~~(47)~~(49) "School day" means the school day established by the	32934
state board of education pursuant to section 3313.48 of the	32935
Revised Code.	32936

~~(48)~~(50) "School month" and "school year" have the same	32937
meanings as in section 3313.62 of the Revised Code.	32938

~~(49)~~(51) "Secure correctional facility" means a facility	32939
under the direction of the department of youth services that is	32940
designed to physically restrict the movement and activities of	32941
children and used for the placement of children after adjudication	32942
and disposition.	32943

~~(50)~~(52) "Sexual activity" has the same meaning as in section	32944
2907.01 of the Revised Code.	32945

~~(51)~~(53) "Shelter" means the temporary care of children in	32946
physically unrestricted facilities pending court adjudication or	32947
disposition.	32948

~~(52)~~(54) "Shelter for victims of domestic violence" has the	32949
same meaning as in section 3113.33 of the Revised Code.	32950

~~(53)~~(55) "Temporary custody" means legal custody of a child	32951
who is removed from the child's home, which custody may be	32952
terminated at any time at the discretion of the court or, if the	32953
legal custody is granted in an agreement for temporary custody, by	32954
the person who executed the agreement.	32955

(56) "Traditional response" means a public children services	32956
agency's response to a report of child abuse or neglect that	32957
encourages engagement of the family in a comprehensive evaluation	32958
of the child's current and future safety needs and a fact-finding	32959
process to determine whether child abuse or neglect occurred and	32960
the circumstances surrounding the alleged harm or risk of harm.	32961

(C) For the purposes of this chapter, a child shall be	32962
presumed abandoned when the parents of the child have failed to	32963
visit or maintain contact with the child for more than ninety	32964
days, regardless of whether the parents resume contact with the	32965
child after that period of ninety days.	32966

Sec. 2151.312. (A) A child alleged to be or adjudicated an	32967
unruly child may be held only in the following places:	32968

(1) A certified family foster home or a home approved by the	32969
court;	32970

(2) A facility operated by a certified child welfare agency;

32971

(3) Any other suitable place designated by the court.

32972

(B)(1) Except as provided under division (C)(1) of section	32973
2151.311 of the Revised Code, a child alleged to be or adjudicated	32974
a neglected child, an abused child, a dependent child, or an	32975
unruly child may not be held in any of the following facilities:	32976

(a) A state correctional institution, county, multicounty, or	32977
municipal jail or workhouse, or other place in which an adult	32978
convicted of a crime, under arrest, or charged with a crime is	32979
held;	32980

(b) A secure correctional facility.

32981

(2) Except as provided under sections ~~2151.26~~2151.27 to	32982
~~2151.61~~2151.59 of the Revised Code and division (B)(3) of this	32983
section and except when a case is transferred under section	32984
2152.12 of the Revised Code, a child alleged to be or adjudicated	32985
an unruly child may not be held for more than twenty-four hours in	32986
a detention facility. A child alleged to be or adjudicated a	32987
neglected child, an abused child, or a dependent child shall not	32988
be held in a detention facility.	32989

(3) A child who is alleged to be or adjudicated an unruly	32990
child and who is taken into custody on a Saturday, Sunday, or	32991
legal holiday, as listed in section 1.14 of the Revised Code, may	32992
be held in a detention facility until the next succeeding day that	32993
is not a Saturday, Sunday, or legal holiday.	32994

Sec. 2151.354. (A) If the child is adjudicated an unruly	32995
child, the court may:	32996

(1) Make any of the dispositions authorized under section	32997
2151.353 of the Revised Code;	32998

(2) Place the child on community control under any sanctions,	32999
services, and conditions that the court prescribes, as described	33000
in division (A)(4) of section 2152.19 of the Revised Code,	33001
provided that, if the court imposes a period of community service	33002
upon the child, the period of community service shall not exceed	33003
one hundred seventy-five hours;	33004

(3) Suspend the driver's license, probationary driver's	33005
license, or temporary instruction permit issued to the child for a	33006
period of time prescribed by the court and suspend the	33007
registration of all motor vehicles registered in the name of the	33008
child for a period of time prescribed by the court. A child whose	33009
license or permit is so suspended is ineligible for issuance of a	33010
license or permit during the period of suspension. At the end of	33011
the period of suspension, the child shall not be reissued a	33012
license or permit until the child has paid any applicable	33013
reinstatement fee and complied with all requirements governing	33014
license reinstatement.	33015

(4) Commit the child to the temporary or permanent custody of	33016
the court;	33017

(5) Make any further disposition the court finds proper that	33018
is consistent with sections 2151.312 and 2151.56 to ~~2151.61~~	33019
2151.59 of the Revised Code;	33020

(6) If, after making a disposition under division (A)(1),	33021
(2), or (3) of this section, the court finds upon further hearing	33022
that the child is not amenable to treatment or rehabilitation	33023
under that disposition, make a disposition otherwise authorized	33024
under divisions (A)(1), (4), (5), and (8) of section 2152.19 of	33025
the Revised Code that is consistent with sections 2151.312 and	33026
2151.56 to ~~2151.61~~2151.59 of the Revised Code.	33027

(B) If a child is adjudicated an unruly child for committing	33028
any act that, if committed by an adult, would be a drug abuse	33029
offense, as defined in section 2925.01 of the Revised Code, or a	33030
violation of division (B) of section 2917.11 of the Revised Code,	33031
in addition to imposing, in its discretion, any other order of	33032
disposition authorized by this section, the court shall do both of	33033
the following:	33034

(1) Require the child to participate in a drug abuse or	33035
alcohol abuse counseling program;	33036

(2) Suspend the temporary instruction permit, probationary	33037
driver's license, or driver's license issued to the child for a	33038
period of time prescribed by the court. The court, in its	33039
discretion, may terminate the suspension if the child attends and	33040
satisfactorily completes a drug abuse or alcohol abuse education,	33041
intervention, or treatment program specified by the court. During	33042
the time the child is attending a program as described in this	33043
division, the court shall retain the child's temporary instruction	33044
permit, probationary driver's license, or driver's license, and	33045
the court shall return the permit or license if it terminates the	33046
suspension.	33047

(C)(1) If a child is adjudicated an unruly child for being an	33048
habitual truant, in addition to or in lieu of imposing any other	33049
order of disposition authorized by this section, the court may do	33050
any of the following:	33051

(a) Order the board of education of the child's school	33052
district or the governing board of the educational service center	33053
in the child's school district to require the child to attend an	33054
alternative school if an alternative school has been established	33055
pursuant to section 3313.533 of the Revised Code in the school	33056
district in which the child is entitled to attend school;	33057

(b) Require the child to participate in any academic program	33058
or community service program;	33059

(c) Require the child to participate in a drug abuse or	33060
alcohol abuse counseling program;	33061

(d) Require that the child receive appropriate medical or	33062
psychological treatment or counseling;	33063

(e) Make any other order that the court finds proper to	33064
address the child's habitual truancy, including an order requiring	33065
the child to not be absent without legitimate excuse from the	33066
public school the child is supposed to attend for five or more	33067
consecutive days, seven or more school days in one school month,	33068
or twelve or more school days in a school year and including an	33069
order requiring the child to participate in a truancy prevention	33070
mediation program.	33071

(2) If a child is adjudicated an unruly child for being an	33072
habitual truant and the court determines that the parent,	33073
guardian, or other person having care of the child has failed to	33074
cause the child's attendance at school in violation of section	33075
3321.38 of the Revised Code, in addition to any order of	33076
disposition authorized by this section, all of the following	33077
apply:	33078

(a) The court may require the parent, guardian, or other	33079
person having care of the child to participate in any community	33080
service program, preferably a community service program that	33081
requires the involvement of the parent, guardian, or other person	33082
having care of the child in the school attended by the child.	33083

(b) The court may require the parent, guardian, or other	33084
person having care of the child to participate in a truancy	33085
prevention mediation program.	33086

(c) The court shall warn the parent, guardian, or other	33087
person having care of the child that any subsequent adjudication	33088
of the child as an unruly or delinquent child for being an	33089
habitual or chronic truant may result in a criminal charge against	33090
the parent, guardian, or other person having care of the child for	33091
a violation of division (C) of section 2919.21 or section 2919.24	33092
of the Revised Code.	33093

Sec. 2151.412. (A) Each public children services agency and	33094
private child placing agency shall prepare and maintain a case	33095
plan for any child to whom the agency is providing services and to	33096
whom any of the following applies:	33097

(1) The agency filed a complaint pursuant to section 2151.27	33098
of the Revised Code alleging that the child is an abused,	33099
neglected, or dependent child;	33100

(2) The agency has temporary or permanent custody of the	33101
child;	33102

(3) The child is living at home subject to an order for	33103
protective supervision;	33104

(4) The child is in a planned permanent living arrangement.

33105

Except as provided by division (A)(2) of section 5103.153 of	33106
the Revised Code, a private child placing agency providing	33107
services to a child who is the subject of a voluntary permanent	33108
custody surrender agreement entered into under division (B)(2) of	33109
section 5103.15 of the Revised Code is not required to prepare and	33110
maintain a case plan for that child.	33111

(B) Each public children services agency shall prepare and	33112
maintain a case plan or a family service plan for any child for	33113
whom the agency is providing in-home services pursuant to an	33114
alternative response.	33115

(C)(1) The director of job and family services shall adopt	33116
rules pursuant to Chapter 119. of the Revised Code setting forth	33117
the content and format of case plans required by division (A) of	33118
this section and establishing procedures for developing,	33119
implementing, and changing the case plans. The rules shall at a	33120
minimum comply with the requirements of Title IV-E of the "Social	33121
Security Act," 94 Stat. 501, 42 U.S.C. 671 (1980), as amended.	33122

(2) The director of job and family services shall adopt rules	33123
pursuant to Chapter 119. of the Revised Code requiring public	33124
children services agencies and private child placing agencies to	33125
maintain case plans for children and their families who are	33126
receiving services in their homes from the agencies and for whom	33127
case plans are not required by division (A) of this section. The	33128
rules for public children services agencies shall include the	33129
requirements for case plans or family service plans maintained for	33130
children and their families who are receiving services in their	33131
homes from public children services agencies pursuant to an	33132
alternative response. The agencies shall maintain case plans and	33133
family service plans as required by those rules; however, the case	33134
plans and family service plans shall not be subject to any other	33135
provision of this section except as specifically required by the	33136
rules.	33137

~~(C)~~(D) Each public children services agency and private child	33138
placing agency that is required by division (A) of this section to	33139
maintain a case plan shall file the case plan with the court prior	33140
to the child's adjudicatory hearing but no later than thirty days	33141
after the earlier of the date on which the complaint in the case	33142
was filed or the child was first placed into shelter care. If the	33143
agency does not have sufficient information prior to the	33144
adjudicatory hearing to complete any part of the case plan, the	33145
agency shall specify in the case plan the additional information	33146
necessary to complete each part of the case plan and the steps	33147
that will be taken to obtain that information. All parts of the	33148
case plan shall be completed by the earlier of thirty days after	33149
the adjudicatory hearing or the date of the dispositional hearing	33150
for the child.	33151

~~(D)~~(E) Any agency that is required by division (A) of this	33152
section to prepare a case plan shall attempt to obtain an	33153
agreement among all parties, including, but not limited to, the	33154
parents, guardian, or custodian of the child and the guardian ad	33155
litem of the child regarding the content of the case plan. If all	33156
parties agree to the content of the case plan and the court	33157
approves it, the court shall journalize it as part of its	33158
dispositional order. If the agency cannot obtain an agreement upon	33159
the contents of the case plan or the court does not approve it,	33160
the parties shall present evidence on the contents of the case	33161
plan at the dispositional hearing. The court, based upon the	33162
evidence presented at the dispositional hearing and the best	33163
interest of the child, shall determine the contents of the case	33164
plan and journalize it as part of the dispositional order for the	33165
child.	33166

~~(E)~~(F)(1) All parties, including the parents, guardian, or	33167
custodian of the child, are bound by the terms of the journalized	33168
case plan. A party that fails to comply with the terms of the	33169
journalized case plan may be held in contempt of court.	33170

(2) Any party may propose a change to a substantive part of	33171
the case plan, including, but not limited to, the child's	33172
placement and the visitation rights of any party. A party	33173
proposing a change to the case plan shall file the proposed change	33174
with the court and give notice of the proposed change in writing	33175
before the end of the day after the day of filing it to all	33176
parties and the child's guardian ad litem. All parties and the	33177
guardian ad litem shall have seven days from the date the notice	33178
is sent to object to and request a hearing on the proposed change.	33179

(a) If it receives a timely request for a hearing, the court	33180
shall schedule a hearing pursuant to section 2151.417 of the	33181
Revised Code to be held no later than thirty days after the	33182
request is received by the court. The court shall give notice of	33183
the date, time, and location of the hearing to all parties and the	33184
guardian ad litem. The agency may implement the proposed change	33185
after the hearing, if the court approves it. The agency shall not	33186
implement the proposed change unless it is approved by the court.	33187

(b) If it does not receive a timely request for a hearing,	33188
the court may approve the proposed change without a hearing. If	33189
the court approves the proposed change without a hearing, it shall	33190
journalize the case plan with the change not later than fourteen	33191
days after the change is filed with the court. If the court does	33192
not approve the proposed change to the case plan, it shall	33193
schedule a hearing to be held pursuant to section 2151.417 of the	33194
Revised Code no later than thirty days after the expiration of the	33195
fourteen-day time period and give notice of the date, time, and	33196
location of the hearing to all parties and the guardian ad litem	33197
of the child. If, despite the requirements of division ~~(E)~~(F)(2)	33198
of this section, the court neither approves and journalizes the	33199
proposed change nor conducts a hearing, the agency may implement	33200
the proposed change not earlier than fifteen days after it is	33201
submitted to the court.	33202

(3) If an agency has reasonable cause to believe that a child	33203
is suffering from illness or injury and is not receiving proper	33204
care and that an appropriate change in the child's case plan is	33205
necessary to prevent immediate or threatened physical or emotional	33206
harm, to believe that a child is in immediate danger from the	33207
child's surroundings and that an immediate change in the child's	33208
case plan is necessary to prevent immediate or threatened physical	33209
or emotional harm to the child, or to believe that a parent,	33210
guardian, custodian, or other member of the child's household has	33211
abused or neglected the child and that the child is in danger of	33212
immediate or threatened physical or emotional harm from that	33213
person unless the agency makes an appropriate change in the	33214
child's case plan, it may implement the change without prior	33215
agreement or a court hearing and, before the end of the next day	33216
after the change is made, give all parties, the guardian ad litem	33217
of the child, and the court notice of the change. Before the end	33218
of the third day after implementing the change in the case plan,	33219
the agency shall file a statement of the change with the court and	33220
give notice of the filing accompanied by a copy of the statement	33221
to all parties and the guardian ad litem. All parties and the	33222
guardian ad litem shall have ten days from the date the notice is	33223
sent to object to and request a hearing on the change.	33224

(a) If it receives a timely request for a hearing, the court	33225
shall schedule a hearing pursuant to section 2151.417 of the	33226
Revised Code to be held no later than thirty days after the	33227
request is received by the court. The court shall give notice of	33228
the date, time, and location of the hearing to all parties and the	33229
guardian ad litem. The agency shall continue to administer the	33230
case plan with the change after the hearing, if the court approves	33231
the change. If the court does not approve the change, the court	33232
shall make appropriate changes to the case plan and shall	33233
journalize the case plan.	33234

(b) If it does not receive a timely request for a hearing,	33235
the court may approve the change without a hearing. If the court	33236
approves the change without a hearing, it shall journalize the	33237
case plan with the change within fourteen days after receipt of	33238
the change. If the court does not approve the change to the case	33239
plan, it shall schedule a hearing under section 2151.417 of the	33240
Revised Code to be held no later than thirty days after the	33241
expiration of the fourteen-day time period and give notice of the	33242
date, time, and location of the hearing to all parties and the	33243
guardian ad litem of the child.	33244

~~(F)~~(G)(1) All case plans for children in temporary custody	33245
shall have the following general goals:	33246

(a) Consistent with the best interest and special needs of	33247
the child, to achieve a safe out-of-home placement in the least	33248
restrictive, most family-like setting available and in close	33249
proximity to the home from which the child was removed or the home	33250
in which the child will be permanently placed;	33251

(b) To eliminate with all due speed the need for the	33252
out-of-home placement so that the child can safely return home.	33253

(2) The director of job and family services shall adopt rules	33254
pursuant to Chapter 119. of the Revised Code setting forth the	33255
general goals of case plans for children subject to dispositional	33256
orders for protective supervision, a planned permanent living	33257
arrangement, or permanent custody.	33258

~~(G)~~(H) In the agency's development of a case plan and the	33259
court's review of the case plan, the child's health and safety	33260
shall be the paramount concern. The agency and the court shall be	33261
guided by the following general priorities:	33262

(1) A child who is residing with or can be placed with the	33263
child's parents within a reasonable time should remain in their	33264
legal custody even if an order of protective supervision is	33265
required for a reasonable period of time;	33266

(2) If both parents of the child have abandoned the child,	33267
have relinquished custody of the child, have become incapable of	33268
supporting or caring for the child even with reasonable	33269
assistance, or have a detrimental effect on the health, safety,	33270
and best interest of the child, the child should be placed in the	33271
legal custody of a suitable member of the child's extended family;	33272

(3) If a child described in division ~~(G)~~(H)(2) of this	33273
section has no suitable member of the child's extended family to	33274
accept legal custody, the child should be placed in the legal	33275
custody of a suitable nonrelative who shall be made a party to the	33276
proceedings after being given legal custody of the child;	33277

(4) If the child has no suitable member of the child's	33278
extended family to accept legal custody of the child and no	33279
suitable nonrelative is available to accept legal custody of the	33280
child and, if the child temporarily cannot or should not be placed	33281
with the child's parents, guardian, or custodian, the child should	33282
be placed in the temporary custody of a public children services	33283
agency or a private child placing agency;	33284

(5) If the child cannot be placed with either of the child's	33285
parents within a reasonable period of time or should not be placed	33286
with either, if no suitable member of the child's extended family	33287
or suitable nonrelative is available to accept legal custody of	33288
the child, and if the agency has a reasonable expectation of	33289
placing the child for adoption, the child should be committed to	33290
the permanent custody of the public children services agency or	33291
private child placing agency;	33292

(6) If the child is to be placed for adoption or foster care,	33293
the placement shall not be delayed or denied on the basis of the	33294
child's or adoptive or foster family's race, color, or national	33295
origin.	33296

~~(H)~~(I) The case plan for a child in temporary custody shall	33297
include at a minimum the following requirements if the child is or	33298
has been the victim of abuse or neglect or if the child witnessed	33299
the commission in the child's household of abuse or neglect	33300
against a sibling of the child, a parent of the child, or any	33301
other person in the child's household:	33302

(1) A requirement that the child's parents, guardian, or	33303
custodian participate in mandatory counseling;	33304

(2) A requirement that the child's parents, guardian, or	33305
custodian participate in any supportive services that are required	33306
by or provided pursuant to the child's case plan.	33307

~~(I)~~(J) A case plan may include, as a supplement, a plan for	33308
locating a permanent family placement. The supplement shall not be	33309
considered part of the case plan for purposes of division ~~(D)~~(E)	33310
of this section.	33311

Sec. 2151.421. (A)(1)(a) No person described in division	33312
(A)(1)(b) of this section who is acting in an official or	33313
professional capacity and knows, or has reasonable cause to	33314
suspect based on facts that would cause a reasonable person in a	33315
similar position to suspect, that a child under eighteen years of	33316
age or a mentally retarded, developmentally disabled, or	33317
physically impaired child under twenty-one years of age has	33318
suffered or faces a threat of suffering any physical or mental	33319
wound, injury, disability, or condition of a nature that	33320
reasonably indicates abuse or neglect of the child shall fail to	33321
immediately report that knowledge or reasonable cause to suspect	33322
to the entity or persons specified in this division. Except as	33323
provided in section 5120.173 of the Revised Code, the person	33324
making the report shall make it to the public children services	33325
agency or a municipal or county peace officer in the county in	33326
which the child resides or in which the abuse or neglect is	33327
occurring or has occurred. In the circumstances described in	33328
section 5120.173 of the Revised Code, the person making the report	33329
shall make it to the entity specified in that section.	33330

(b) Division (A)(1)(a) of this section applies to any person	33331
who is an attorney; physician, including a hospital intern or	33332
resident; dentist; podiatrist; practitioner of a limited branch of	33333
medicine as specified in section 4731.15 of the Revised Code;	33334
registered nurse; licensed practical nurse; visiting nurse; other	33335
health care professional; licensed psychologist; licensed school	33336
psychologist; independent marriage and family therapist or	33337
marriage and family therapist; speech pathologist or audiologist;	33338
coroner; administrator or employee of a child day-care center;	33339
administrator or employee of a residential camp or child day camp;	33340
administrator or employee of a certified child care agency or	33341
other public or private children services agency; school teacher;	33342
school employee; school authority; person engaged in social work	33343
or the practice of professional counseling; agent of a county	33344
humane society; person, other than a cleric, rendering spiritual	33345
treatment through prayer in accordance with the tenets of a	33346
well-recognized religion; employee of a county department of job	33347
and family services who is a professional and who works with	33348
children and families; superintendent, board member, or employee	33349
of a county board of developmental disabilities; investigative	33350
agent contracted with by a county board of developmental	33351
disabilities; employee of the department of developmental	33352
disabilities; employee of a facility or home that provides respite	33353
care in accordance with section 5123.171 of the Revised Code;	33354
employee of a home health agency; employee of an entity that	33355
provides homemaker services; a person performing the duties of an	33356
assessor pursuant to Chapter 3107. or 5103. of the Revised Code;	33357
or third party employed by a public children services agency to	33358
assist in providing child or family related services.	33359

(2) Except as provided in division (A)(3) of this section, an	33360
attorney or a physician is not required to make a report pursuant	33361
to division (A)(1) of this section concerning any communication	33362
the attorney or physician receives from a client or patient in an	33363
attorney-client or physician-patient relationship, if, in	33364
accordance with division (A) or (B) of section 2317.02 of the	33365
Revised Code, the attorney or physician could not testify with	33366
respect to that communication in a civil or criminal proceeding.	33367

(3) The client or patient in an attorney-client or	33368
physician-patient relationship described in division (A)(2) of	33369
this section is deemed to have waived any testimonial privilege	33370
under division (A) or (B) of section 2317.02 of the Revised Code	33371
with respect to any communication the attorney or physician	33372
receives from the client or patient in that attorney-client or	33373
physician-patient relationship, and the attorney or physician	33374
shall make a report pursuant to division (A)(1) of this section	33375
with respect to that communication, if all of the following apply:	33376

(a) The client or patient, at the time of the communication,	33377
is either a child under eighteen years of age or a mentally	33378
retarded, developmentally disabled, or physically impaired person	33379
under twenty-one years of age.	33380

(b) The attorney or physician knows, or has reasonable cause	33381
to suspect based on facts that would cause a reasonable person in	33382
similar position to suspect, as a result of the communication or	33383
any observations made during that communication, that the client	33384
or patient has suffered or faces a threat of suffering any	33385
physical or mental wound, injury, disability, or condition of a	33386
nature that reasonably indicates abuse or neglect of the client or	33387
patient.	33388

(c) The abuse or neglect does not arise out of the client's	33389
or patient's attempt to have an abortion without the notification	33390
of her parents, guardian, or custodian in accordance with section	33391
2151.85 of the Revised Code.	33392

(4)(a) No cleric and no person, other than a volunteer,	33393
designated by any church, religious society, or faith acting as a	33394
leader, official, or delegate on behalf of the church, religious	33395
society, or faith who is acting in an official or professional	33396
capacity, who knows, or has reasonable cause to believe based on	33397
facts that would cause a reasonable person in a similar position	33398
to believe, that a child under eighteen years of age or a mentally	33399
retarded, developmentally disabled, or physically impaired child	33400
under twenty-one years of age has suffered or faces a threat of	33401
suffering any physical or mental wound, injury, disability, or	33402
condition of a nature that reasonably indicates abuse or neglect	33403
of the child, and who knows, or has reasonable cause to believe	33404
based on facts that would cause a reasonable person in a similar	33405
position to believe, that another cleric or another person, other	33406
than a volunteer, designated by a church, religious society, or	33407
faith acting as a leader, official, or delegate on behalf of the	33408
church, religious society, or faith caused, or poses the threat of	33409
causing, the wound, injury, disability, or condition that	33410
reasonably indicates abuse or neglect shall fail to immediately	33411
report that knowledge or reasonable cause to believe to the entity	33412
or persons specified in this division. Except as provided in	33413
section 5120.173 of the Revised Code, the person making the report	33414
shall make it to the public children services agency or a	33415
municipal or county peace officer in the county in which the child	33416
resides or in which the abuse or neglect is occurring or has	33417
occurred. In the circumstances described in section 5120.173 of	33418
the Revised Code, the person making the report shall make it to	33419
the entity specified in that section.	33420

(b) Except as provided in division (A)(4)(c) of this section,	33421
a cleric is not required to make a report pursuant to division	33422
(A)(4)(a) of this section concerning any communication the cleric	33423
receives from a penitent in a cleric-penitent relationship, if, in	33424
accordance with division (C) of section 2317.02 of the Revised	33425
Code, the cleric could not testify with respect to that	33426
communication in a civil or criminal proceeding.	33427

(c) The penitent in a cleric-penitent relationship described	33428
in division (A)(4)(b) of this section is deemed to have waived any	33429
testimonial privilege under division (C) of section 2317.02 of the	33430
Revised Code with respect to any communication the cleric receives	33431
from the penitent in that cleric-penitent relationship, and the	33432
cleric shall make a report pursuant to division (A)(4)(a) of this	33433
section with respect to that communication, if all of the	33434
following apply:	33435

(i) The penitent, at the time of the communication, is either	33436
a child under eighteen years of age or a mentally retarded,	33437
developmentally disabled, or physically impaired person under	33438
twenty-one years of age.	33439

(ii) The cleric knows, or has reasonable cause to believe	33440
based on facts that would cause a reasonable person in a similar	33441
position to believe, as a result of the communication or any	33442
observations made during that communication, the penitent has	33443
suffered or faces a threat of suffering any physical or mental	33444
wound, injury, disability, or condition of a nature that	33445
reasonably indicates abuse or neglect of the penitent.	33446

(iii) The abuse or neglect does not arise out of the	33447
penitent's attempt to have an abortion performed upon a child	33448
under eighteen years of age or upon a mentally retarded,	33449
developmentally disabled, or physically impaired person under	33450
twenty-one years of age without the notification of her parents,	33451
guardian, or custodian in accordance with section 2151.85 of the	33452
Revised Code.	33453

(d) Divisions (A)(4)(a) and (c) of this section do not apply	33454
in a cleric-penitent relationship when the disclosure of any	33455
communication the cleric receives from the penitent is in	33456
violation of the sacred trust.	33457

(e) As used in divisions (A)(1) and (4) of this section,	33458
"cleric" and "sacred trust" have the same meanings as in section	33459
2317.02 of the Revised Code.	33460

(B) Anyone who knows, or has reasonable cause to suspect	33461
based on facts that would cause a reasonable person in similar	33462
circumstances to suspect, that a child under eighteen years of age	33463
or a mentally retarded, developmentally disabled, or physically	33464
impaired person under twenty-one years of age has suffered or	33465
faces a threat of suffering any physical or mental wound, injury,	33466
disability, or other condition of a nature that reasonably	33467
indicates abuse or neglect of the child may report or cause	33468
reports to be made of that knowledge or reasonable cause to	33469
suspect to the entity or persons specified in this division.	33470
Except as provided in section 5120.173 of the Revised Code, a	33471
person making a report or causing a report to be made under this	33472
division shall make it or cause it to be made to the public	33473
children services agency or to a municipal or county peace	33474
officer. In the circumstances described in section 5120.173 of the	33475
Revised Code, a person making a report or causing a report to be	33476
made under this division shall make it or cause it to be made to	33477
the entity specified in that section.	33478

(C) Any report made pursuant to division (A) or (B) of this	33479
section shall be made forthwith either by telephone or in person	33480
and shall be followed by a written report, if requested by the	33481
receiving agency or officer. The written report shall contain:	33482

(1) The names and addresses of the child and the child's	33483
parents or the person or persons having custody of the child, if	33484
known;	33485

(2) The child's age and the nature and extent of the child's	33486
injuries, abuse, or neglect that is known or reasonably suspected	33487
or believed, as applicable, to have occurred or of the threat of	33488
injury, abuse, or neglect that is known or reasonably suspected or	33489
believed, as applicable, to exist, including any evidence of	33490
previous injuries, abuse, or neglect;	33491

(3) Any other information that might be helpful in	33492
establishing the cause of the injury, abuse, or neglect that is	33493
known or reasonably suspected or believed, as applicable, to have	33494
occurred or of the threat of injury, abuse, or neglect that is	33495
known or reasonably suspected or believed, as applicable, to	33496
exist.	33497

Any person, who is required by division (A) of this section	33498
to report child abuse or child neglect that is known or reasonably	33499
suspected or believed to have occurred, may take or cause to be	33500
taken color photographs of areas of trauma visible on a child and,	33501
if medically indicated, cause to be performed radiological	33502
examinations of the child.	33503

(D) As used in this division, "children's advocacy center"	33504
and "sexual abuse of a child" have the same meanings as in section	33505
2151.425 of the Revised Code.	33506

(1) When a municipal or county peace officer receives a	33507
report concerning the possible abuse or neglect of a child or the	33508
possible threat of abuse or neglect of a child, upon receipt of	33509
the report, the municipal or county peace officer who receives the	33510
report shall refer the report to the appropriate public children	33511
services agency.	33512

(2) When a public children services agency receives a report	33513
pursuant to this division or division (A) or (B) of this section,	33514
upon receipt of the report, the public children services agency	33515
shall do both of the following:	33516

(a) Comply with section 2151.422 of the Revised Code;

33517

(b) If the county served by the agency is also served by a	33518
children's advocacy center and the report alleges sexual abuse of	33519
a child or another type of abuse of a child that is specified in	33520
the memorandum of understanding that creates the center as being	33521
within the center's jurisdiction, comply regarding the report with	33522
the protocol and procedures for referrals and investigations, with	33523
the coordinating activities, and with the authority or	33524
responsibility for performing or providing functions, activities,	33525
and services stipulated in the interagency agreement entered into	33526
under section 2151.428 of the Revised Code relative to that	33527
center.	33528

(E) No township, municipal, or county peace officer shall	33529
remove a child about whom a report is made pursuant to this	33530
section from the child's parents, stepparents, or guardian or any	33531
other persons having custody of the child without consultation	33532
with the public children services agency, unless, in the judgment	33533
of the officer, and, if the report was made by physician, the	33534
physician, immediate removal is considered essential to protect	33535
the child from further abuse or neglect. The agency that must be	33536
consulted shall be the agency conducting the investigation of the	33537
report as determined pursuant to section 2151.422 of the Revised	33538
Code.	33539

(F)(1) Except as provided in section 2151.422 of the Revised	33540
Code or in an interagency agreement entered into under section	33541
2151.428 of the Revised Code that applies to the particular	33542
report, the public children services agency shall investigate,	33543
within twenty-four hours, each report of child abuse or child	33544
neglect that is known or reasonably suspected or believed to have	33545
occurred and of a threat of child abuse or child neglect that is	33546
known or reasonably suspected or believed to exist that is	33547
referred to it under this section to determine the circumstances	33548
surrounding the injuries, abuse, or neglect or the threat of	33549
injury, abuse, or neglect, the cause of the injuries, abuse,	33550
neglect, or threat, and the person or persons responsible. The	33551
investigation shall be made in cooperation with the law	33552
enforcement agency and in accordance with the memorandum of	33553
understanding prepared under division (J) of this section. A	33554
representative of the public children services agency shall, at	33555
the time of initial contact with the person subject to the	33556
investigation, inform the person of the specific complaints or	33557
allegations made against the person. The information shall be	33558
given in a manner that is consistent with division (H)(1) of this	33559
section and protects the rights of the person making the report	33560
under this section.	33561

A failure to make the investigation in accordance with the	33562
memorandum is not grounds for, and shall not result in, the	33563
dismissal of any charges or complaint arising from the report or	33564
the suppression of any evidence obtained as a result of the report	33565
and does not give, and shall not be construed as giving, any	33566
rights or any grounds for appeal or post-conviction relief to any	33567
person. The public children services agency shall report each case	33568
to the uniform statewide automated child welfare information	33569
system that the department of job and family services shall	33570
maintain in accordance with section 5101.13 of the Revised Code.	33571
The public children services agency shall submit a report of its	33572
investigation, in writing, to the law enforcement agency.	33573

(2) The public children services agency shall make any	33574
recommendations to the county prosecuting attorney or city	33575
director of law that it considers necessary to protect any	33576
children that are brought to its attention.	33577

(G)(1)(a) Except as provided in division (H)(3) of this	33578
section, anyone or any hospital, institution, school, health	33579
department, or agency participating in the making of reports under	33580
division (A) of this section, anyone or any hospital, institution,	33581
school, health department, or agency participating in good faith	33582
in the making of reports under division (B) of this section, and	33583
anyone participating in good faith in a judicial proceeding	33584
resulting from the reports, shall be immune from any civil or	33585
criminal liability for injury, death, or loss to person or	33586
property that otherwise might be incurred or imposed as a result	33587
of the making of the reports or the participation in the judicial	33588
proceeding.	33589

(b) Notwithstanding section 4731.22 of the Revised Code, the	33590
physician-patient privilege shall not be a ground for excluding	33591
evidence regarding a child's injuries, abuse, or neglect, or the	33592
cause of the injuries, abuse, or neglect in any judicial	33593
proceeding resulting from a report submitted pursuant to this	33594
section.	33595

(2) In any civil or criminal action or proceeding in which it	33596
is alleged and proved that participation in the making of a report	33597
under this section was not in good faith or participation in a	33598
judicial proceeding resulting from a report made under this	33599
section was not in good faith, the court shall award the	33600
prevailing party reasonable attorney's fees and costs and, if a	33601
civil action or proceeding is voluntarily dismissed, may award	33602
reasonable attorney's fees and costs to the party against whom the	33603
civil action or proceeding is brought.	33604

(H)(1) Except as provided in divisions (H)(4) and (N) of this	33605
section, a report made under this section is confidential. The	33606
information provided in a report made pursuant to this section and	33607
the name of the person who made the report shall not be released	33608
for use, and shall not be used, as evidence in any civil action or	33609
proceeding brought against the person who made the report. Nothing	33610
in this division shall preclude the use of reports of other	33611
incidents of known or suspected abuse or neglect in a civil action	33612
or proceeding brought pursuant to division (M) of this section	33613
against a person who is alleged to have violated division (A)(1)	33614
of this section, provided that any information in a report that	33615
would identify the child who is the subject of the report or the	33616
maker of the report, if the maker of the report is not the	33617
defendant or an agent or employee of the defendant, has been	33618
redacted. In a criminal proceeding, the report is admissible in	33619
evidence in accordance with the Rules of Evidence and is subject	33620
to discovery in accordance with the Rules of Criminal Procedure.	33621

(2) No person shall permit or encourage the unauthorized	33622
dissemination of the contents of any report made under this	33623
section.	33624

(3) A person who knowingly makes or causes another person to	33625
make a false report under division (B) of this section that	33626
alleges that any person has committed an act or omission that	33627
resulted in a child being an abused child or a neglected child is	33628
guilty of a violation of section 2921.14 of the Revised Code.	33629

(4) If a report is made pursuant to division (A) or (B) of	33630
this section and the child who is the subject of the report dies	33631
for any reason at any time after the report is made, but before	33632
the child attains eighteen years of age, the public children	33633
services agency or municipal or county peace officer to which the	33634
report was made or referred, on the request of the child fatality	33635
review board, shall submit a summary sheet of information	33636
providing a summary of the report to the review board of the	33637
county in which the deceased child resided at the time of death.	33638
On the request of the review board, the agency or peace officer	33639
may, at its discretion, make the report available to the review	33640
board. If the county served by the public children services agency	33641
is also served by a children's advocacy center and the report of	33642
alleged sexual abuse of a child or another type of abuse of a	33643
child is specified in the memorandum of understanding that creates	33644
the center as being within the center's jurisdiction, the agency	33645
or center shall perform the duties and functions specified in this	33646
division in accordance with the interagency agreement entered into	33647
under section 2151.428 of the Revised Code relative to that	33648
advocacy center.	33649

(5) A public children services agency shall advise a person	33650
alleged to have inflicted abuse or neglect on a child who is the	33651
subject of a report made pursuant to this section, including a	33652
report alleging sexual abuse of a child or another type of abuse	33653
of a child referred to a children's advocacy center pursuant to an	33654
interagency agreement entered into under section 2151.428 of the	33655
Revised Code, in writing of the disposition of the investigation.	33656
The agency shall not provide to the person any information that	33657
identifies the person who made the report, statements of	33658
witnesses, or police or other investigative reports.	33659

(I) Any report that is required by this section, other than a	33660
report that is made to the state highway patrol as described in	33661
section 5120.173 of the Revised Code, shall result in protective	33662
services and emergency supportive services being made available by	33663
the public children services agency on behalf of the children	33664
about whom the report is made, in an effort to prevent further	33665
neglect or abuse, to enhance their welfare, and, whenever	33666
possible, to preserve the family unit intact. The agency required	33667
to provide the services shall be the agency conducting the	33668
investigation of the report pursuant to section 2151.422 of the	33669
Revised Code.	33670

(J)(1) Each public children services agency shall prepare a	33671
memorandum of understanding that is signed by all of the	33672
following:	33673

(a) If there is only one juvenile judge in the county, the	33674
juvenile judge of the county or the juvenile judge's	33675
representative;	33676

(b) If there is more than one juvenile judge in the county, a	33677
juvenile judge or the juvenile judges' representative selected by	33678
the juvenile judges or, if they are unable to do so for any	33679
reason, the juvenile judge who is senior in point of service or	33680
the senior juvenile judge's representative;	33681

33682

(d) All chief municipal peace officers within the county;

33683

(e) Other law enforcement officers handling child abuse and	33684
neglect cases in the county;	33685

(f) The prosecuting attorney of the county;

33686

(g) If the public children services agency is not the county	33687
department of job and family services, the county department of	33688
job and family services;	33689

(h) The county humane society;

33690

(i) If the public children services agency participated in	33691
the execution of a memorandum of understanding under section	33692
2151.426 of the Revised Code establishing a children's advocacy	33693
center, each participating member of the children's advocacy	33694
center established by the memorandum.	33695

(2) A memorandum of understanding shall set forth the normal	33696
operating procedure to be employed by all concerned officials in	33697
the execution of their respective responsibilities under this	33698
section and division (C) of section 2919.21, division (B)(1) of	33699
section 2919.22, division (B) of section 2919.23, and section	33700
2919.24 of the Revised Code and shall have as two of its primary	33701
goals the elimination of all unnecessary interviews of children	33702
who are the subject of reports made pursuant to division (A) or	33703
(B) of this section and, when feasible, providing for only one	33704
interview of a child who is the subject of any report made	33705
pursuant to division (A) or (B) of this section. A failure to	33706
follow the procedure set forth in the memorandum by the concerned	33707
officials is not grounds for, and shall not result in, the	33708
dismissal of any charges or complaint arising from any reported	33709
case of abuse or neglect or the suppression of any evidence	33710
obtained as a result of any reported child abuse or child neglect	33711
and does not give, and shall not be construed as giving, any	33712
rights or any grounds for appeal or post-conviction relief to any	33713
person.	33714

(3) A memorandum of understanding shall include all of the	33715
following:	33716

(a) The roles and responsibilities for handling emergency and	33717
nonemergency cases of abuse and neglect;	33718

(b) Standards and procedures to be used in handling and	33719
coordinating investigations of reported cases of child abuse and	33720
reported cases of child neglect, methods to be used in	33721
interviewing the child who is the subject of the report and who	33722
allegedly was abused or neglected, and standards and procedures	33723
addressing the categories of persons who may interview the child	33724
who is the subject of the report and who allegedly was abused or	33725
neglected.	33726

(4) If a public children services agency participated in the	33727
execution of a memorandum of understanding under section 2151.426	33728
of the Revised Code establishing a children's advocacy center, the	33729
agency shall incorporate the contents of that memorandum in the	33730
memorandum prepared pursuant to this section.	33731

(5) The clerk of the court of common pleas in the county may	33732
sign the memorandum of understanding prepared under division	33733
(J)(1) of this section. If the clerk signs the memorandum of	33734
understanding, the clerk shall execute all relevant	33735
responsibilities as required of officials specified in the	33736
memorandum.	33737

(K)(1) Except as provided in division (K)(4) of this section,	33738
a person who is required to make a report pursuant to division (A)	33739
of this section may make a reasonable number of requests of the	33740
public children services agency that receives or is referred the	33741
report, or of the children's advocacy center that is referred the	33742
report if the report is referred to a children's advocacy center	33743
pursuant to an interagency agreement entered into under section	33744
2151.428 of the Revised Code, to be provided with the following	33745
information:	33746

(a) Whether the agency or center has initiated an	33747
investigation of the report;	33748

(b) Whether the agency or center is continuing to investigate	33749
the report;	33750

(c) Whether the agency or center is otherwise involved with	33751
the child who is the subject of the report;	33752

(d) The general status of the health and safety of the child	33753
who is the subject of the report;	33754

(e) Whether the report has resulted in the filing of a	33755
complaint in juvenile court or of criminal charges in another	33756
court.	33757

(2) A person may request the information specified in	33758
division (K)(1) of this section only if, at the time the report is	33759
made, the person's name, address, and telephone number are	33760
provided to the person who receives the report.	33761

When a municipal or county peace officer or employee of a	33762
public children services agency receives a report pursuant to	33763
division (A) or (B) of this section the recipient of the report	33764
shall inform the person of the right to request the information	33765
described in division (K)(1) of this section. The recipient of the	33766
report shall include in the initial child abuse or child neglect	33767
report that the person making the report was so informed and, if	33768
provided at the time of the making of the report, shall include	33769
the person's name, address, and telephone number in the report.	33770

Each request is subject to verification of the identity of	33771
the person making the report. If that person's identity is	33772
verified, the agency shall provide the person with the information	33773
described in division (K)(1) of this section a reasonable number	33774
of times, except that the agency shall not disclose any	33775
confidential information regarding the child who is the subject of	33776
the report other than the information described in those	33777
divisions.	33778

(3) A request made pursuant to division (K)(1) of this	33779
section is not a substitute for any report required to be made	33780
pursuant to division (A) of this section.	33781

(4) If an agency other than the agency that received or was	33782
referred the report is conducting the investigation of the report	33783
pursuant to section 2151.422 of the Revised Code, the agency	33784
conducting the investigation shall comply with the requirements of	33785
division (K) of this section.	33786

(L) The director of job and family services shall adopt rules	33787
in accordance with Chapter 119. of the Revised Code to implement	33788
this section. The department of job and family services may enter	33789
into a plan of cooperation with any other governmental entity to	33790
aid in ensuring that children are protected from abuse and	33791
neglect. The department shall make recommendations to the attorney	33792
general that the department determines are necessary to protect	33793
children from child abuse and child neglect.	33794

(M) Whoever violates division (A) of this section is liable	33795
for compensatory and exemplary damages to the child who would have	33796
been the subject of the report that was not made. A person who	33797
brings a civil action or proceeding pursuant to this division	33798
against a person who is alleged to have violated division (A)(1)	33799
of this section may use in the action or proceeding reports of	33800
other incidents of known or suspected abuse or neglect, provided	33801
that any information in a report that would identify the child who	33802
is the subject of the report or the maker of the report, if the	33803
maker is not the defendant or an agent or employee of the	33804
defendant, has been redacted.	33805

(N)(1) As used in this division:

33806

(a) "Out-of-home care" includes a nonchartered nonpublic	33807
school if the alleged child abuse or child neglect, or alleged	33808
threat of child abuse or child neglect, described in a report	33809
received by a public children services agency allegedly occurred	33810
in or involved the nonchartered nonpublic school and the alleged	33811
perpetrator named in the report holds a certificate, permit, or	33812
license issued by the state board of education under section	33813
3301.071 or Chapter 3319. of the Revised Code.	33814

(b) "Administrator, director, or other chief administrative	33815
officer" means the superintendent of the school district if the	33816
out-of-home care entity subject to a report made pursuant to this	33817
section is a school operated by the district.	33818

(2) No later than the end of the day following the day on	33819
which a public children services agency receives a report of	33820
alleged child abuse or child neglect, or a report of an alleged	33821
threat of child abuse or child neglect, that allegedly occurred in	33822
or involved an out-of-home care entity, the agency shall provide	33823
written notice of the allegations contained in and the person	33824
named as the alleged perpetrator in the report to the	33825
administrator, director, or other chief administrative officer of	33826
the out-of-home care entity that is the subject of the report	33827
unless the administrator, director, or other chief administrative	33828
officer is named as an alleged perpetrator in the report. If the	33829
administrator, director, or other chief administrative officer of	33830
an out-of-home care entity is named as an alleged perpetrator in a	33831
report of alleged child abuse or child neglect, or a report of an	33832
alleged threat of child abuse or child neglect, that allegedly	33833
occurred in or involved the out-of-home care entity, the agency	33834
shall provide the written notice to the owner or governing board	33835
of the out-of-home care entity that is the subject of the report.	33836
The agency shall not provide witness statements or police or other	33837
investigative reports.	33838

(3) No later than three days after the day on which a public	33839
children services agency that conducted the investigation as	33840
determined pursuant to section 2151.422 of the Revised Code makes	33841
a disposition of an investigation involving a report of alleged	33842
child abuse or child neglect, or a report of an alleged threat of	33843
child abuse or child neglect, that allegedly occurred in or	33844
involved an out-of-home care entity, the agency shall send written	33845
notice of the disposition of the investigation to the	33846
administrator, director, or other chief administrative officer and	33847
the owner or governing board of the out-of-home care entity. The	33848
agency shall not provide witness statements or police or other	33849
investigative reports.	33850

(O) As used in this section, "investigation" means the public	33851
children services agency's response to an accepted report of child	33852
abuse or neglect through either an alternative response or a	33853
traditional response.	33854

Sec. 2151.424. (A) If a child has been placed in a certified	33855
foster home or is in the custody of a relative of the child, other	33856
than a parent of the child, a court, prior to conducting any	33857
hearing pursuant to division ~~(E)~~(F)(2) or (3) of section 2151.412	33858
or section 2151.28, 2151.33, 2151.35, 2151.414, 2151.415,	33859
2151.416, or 2151.417 of the Revised Code with respect to the	33860
child, shall notify the foster caregiver or relative of the date,	33861
time, and place of the hearing. At the hearing, the foster	33862
caregiver or relative shall have the right to present evidence.	33863

(B) If a public children services agency or private child	33864
placing agency has permanent custody of a child and a petition to	33865
adopt the child has been filed under Chapter 3107. of the Revised	33866
Code, the agency, prior to conducting a review under section	33867
2151.416 of the Revised Code, or a court, prior to conducting a	33868
hearing under division ~~(E)~~(F)(2) or (3) of section 2151.412 or	33869
section 2151.416 or 2151.417 of the Revised Code, shall notify the	33870
prospective adoptive parent of the date, time, and place of the	33871
review or hearing. At the review or hearing, the prospective	33872
adoptive parent shall have the right to present evidence.	33873

(C) The notice and the opportunity to present evidence do not	33874
make the foster caregiver, relative, or prospective adoptive	33875
parent a party in the action or proceeding pursuant to which the	33876
review or hearing is conducted.	33877

Sec. 2151.429. (A) The differential response approach, as	33878
defined in section 2151.011 of the Revised Code, pursued by a	33879
public children services agency shall include two response	33880
pathways, the traditional response pathway and the alternative	33881
response pathway. The director of job and family services shall	33882
adopt rules pursuant to Chapter 119. of the Revised Code setting	33883
forth the procedures and criteria for public children services	33884
agencies to assign and reassign response pathways.	33885

(B) The agency shall use the traditional response for the	33886
following types of accepted reports:	33887

(1) Physical abuse resulting in serious injury or that	33888
creates a serious and immediate risk to a child's health and	33889
safety.	33890

(2) Sexual abuse.

33891

(3) Child fatality.

33892

(4) Reports requiring a specialized assessment as identified	33893
by rule adopted by the department.	33894

(5) Reports requiring a third party investigative procedure	33895
as identified by rule adopted by the department.	33896

(C) For all other child abuse and neglect reports, an	33897
alternative response shall be the preferred response, whenever	33898
appropriate and in accordance with rules adopted by the	33899
department.	33900

Sec. 2151.56. The "interstate compact for juveniles" is	33901
hereby ratified, enacted into law, and entered into by the state	33902
of Ohio as a party to the compact with any other state that has	33903
legally joined in the compact as follows:	33904

INTERSTATE COMPACT FOR JUVENILES	33905

Article I -- Purpose	33906

The compacting states to this interstate compact for	33907
juveniles recognize that each state is responsible for the proper	33908
supervision or return of juveniles, delinquents, and status	33909
offenders who are on probation or parole and who have absconded,	33910
escaped, or run away from supervision and control and in so doing	33911
have endangered their own safety and the safety of others. The	33912
compacting states also recognize that each state is responsible	33913
for the safe return of juveniles who have run away from home and	33914
in doing so have left their state of residence. The compacting	33915
states also recognize that congress, by enacting the Crime Control	33916
Act, 4 U.S.C. Section 112 (1965), has authorized and encouraged	33917
compacts for cooperative efforts and mutual assistance in the	33918
prevention of crime.	33919

It is the policy of the compacting states that the activities	33920
conducted by the interstate commission for juveniles created by	33921
this compact are the formation of public policies and therefore	33922
are public business. Furthermore, the compacting states shall	33923
cooperate and observe their individual and collective duties and	33924
responsibilities for the prompt return and acceptance of juveniles	33925
subject to the provisions of this compact. The provisions of this	33926
compact shall be reasonably and liberally construed to accomplish	33927
the purposes and policies of the compact.	33928

It is the purpose of this compact, through means of joint and	33929
cooperative action among the compacting states, to do all of the	33930
following:	33931

(A) Ensure that the adjudicated juveniles and status	33932
offenders subject to this compact are provided adequate	33933
supervision and services in the receiving state as ordered by the	33934
adjudicating judge or parole authority in the sending state;	33935

(B) Ensure that the public safety interests of the citizens,	33936
including the victims of juvenile offenders, in both the sending	33937
and receiving states are adequately protected;	33938

(C) Return juveniles who have run away, absconded, or escaped	33939
from supervision or control or have been accused of an offense to	33940
the state requesting their return;	33941

(D) Make contracts for the cooperative institutionalization	33942
in public facilities in member states for delinquent youth needing	33943
special services;	33944

(E) Provide for the effective tracking and supervision of	33945
juveniles;	33946

(F) Equitably allocate the costs, benefits, and obligations	33947
of the compacting states;	33948

(G) Establish procedures to manage the movement between	33949
states of juvenile offenders released to the community under the	33950
jurisdiction of courts, juvenile departments, or any other	33951
criminal or juvenile justice agency that has jurisdiction over	33952
juvenile offenders;	33953

(H) Ensure immediate notice to jurisdictions where defined	33954
offenders are authorized to travel or to relocate across state	33955
lines;	33956

(I) Establish procedures to resolve pending charges, such as	33957
detainers, against juvenile offenders prior to transfer or release	33958
to the community under the terms of this compact;	33959

(J) Establish a system of uniform data collection on	33960
information pertaining to juveniles subject to this compact that	33961
allows access by authorized juvenile justice and criminal justice	33962
officials and regular reporting of compact activities to heads of	33963
state executive, judicial, and legislative branches and juvenile	33964
justice and criminal justice administrators;	33965

(K) Monitor compliance with rules governing interstate	33966
movement of juveniles and initiate interventions to address and	33967
correct noncompliance;	33968

(L) Coordinate training and education regarding the	33969
regulation of interstate movement of juveniles for officials	33970
involved in such activity;	33971

(M) Coordinate the implementation and operation of this	33972
compact with the interstate compact for the placement of children,	33973
the interstate compact for adult offender supervision, and other	33974
compacts affecting juveniles, particularly in those cases where	33975
concurrent or overlapping supervision issues arise.	33976

Article II -- Definitions	33977

As used in this compact, unless the context clearly requires	33978
a different construction:	33979

(A) "Bylaws" means those bylaws established by the interstate	33980
commission for its governance or for directing or controlling its	33981
actions or conduct.	33982

(B) "Compact administrator" means the individual in each	33983
compacting state appointed pursuant to the terms of this compact	33984
who is responsible for the administration and management of the	33985
state's supervision and transfer of juveniles subject to the terms	33986
of this compact, the rules adopted by the interstate commission	33987
under this compact, and policies adopted by the state council	33988
under this compact.	33989

(C) "Compacting state" means any state that has enacted the	33990
enabling legislation for this compact.	33991

(D) "Commissioner" means the voting representative of each	33992
compacting state appointed pursuant to Article III of this	33993
compact.	33994

(E) "Court" means any court having jurisdiction over	33995
delinquent, neglected, or dependent children.	33996

(F) "Interstate commission for juveniles" or "interstate	33997
commission" means the interstate commission for juveniles created	33998
by Article III of this compact.	33999

(G) "Juvenile" means any person defined as a juvenile in any	34000
member state or by the rules of the interstate commission,	34001
including any of the following:	34002

(1) An "accused delinquent," which means a person charged	34003
with a violation of a law or municipal ordinance that, if	34004
committed by an adult, would be a criminal offense;	34005

(2) An "adjudicated delinquent," which means a person found	34006
to have committed a violation of a law or municipal ordinance	34007
that, if committed by an adult, would be a criminal offense;	34008

(3) An "accused status offender," which means a person	34009
charged with a violation of a law or municipal ordinance that	34010
would not be a criminal offense if committed by an adult;	34011

(4) An "adjudicated status offender," which means a person	34012
found to have committed a violation of a law or municipal	34013
ordinance that would not be a criminal offense if committed by an	34014
adult;	34015

(5) A "nonoffender," which means a person in need of	34016
supervision who is not an accused or adjudicated status offender	34017
or delinquent.	34018

(H) "Noncompacting state" means any state that has not	34019
enacted the enabling legislation for this compact.	34020

(I) "Probation or parole" means any kind of supervision or	34021
conditional release of juveniles authorized under the laws of the	34022
compacting states.	34023

(J) "Rule" means a written statement by the interstate	34024
commission promulgated pursuant to Article VI of this compact that	34025
is of general applicability, that implements, interprets, or	34026
prescribes a policy or provision of the compact, or an	34027
organizational, procedural, or practice requirement of the	34028
interstate commission, and that has the force and effect of	34029
statutory law in a compacting state, and includes the amendment,	34030
repeal, or suspension of an existing rule.	34031

(K) "State" means a state of the United States, the District	34032
of Columbia or its designee, the Commonwealth of Puerto Rico, the	34033
U.S. Virgin Islands, Guam, American Samoa, and the Northern	34034
Marianas Islands.	34035

Article III -- Interstate Commission for Juveniles	34036

(A) The compacting states hereby create the "interstate	34037
commission for juveniles." The commission shall be a body	34038
corporate and joint agency of the compacting states. The	34039
commission shall have all the responsibilities, powers, and duties	34040
set forth in this compact, and any additional powers that may be	34041
conferred upon it by subsequent action of the respective	34042
legislatures of the compacting states in accordance with the terms	34043
of this compact.	34044

(B) The interstate commission shall consist of commissioners	34045
appointed by the appropriate appointing authority in each state	34046
pursuant to the rules and requirements of each compacting state	34047
and in consultation with the state council for interstate juvenile	34048
supervision created in the state in accordance with this compact.	34049
The commissioners are the voting representatives of each state.	34050
The commissioner for a state shall be the compact administrator or	34051
designee from that state who shall serve on the interstate	34052
commission in such capacity under or pursuant to the applicable	34053
law of the compacting state.	34054

(C) In addition to the commissioners, the interstate	34055
commission also shall include individuals who are not	34056
commissioners but who are members of interested organizations. The	34057
noncommissioner members shall include a member of the national	34058
organizations of governors, legislators, state chief justices,	34059
attorneys general, interstate compact for adult offender	34060
supervision, interstate compact for the placement of children,	34061
juvenile justice and juvenile corrections officials, and crime	34062
victims. All noncommissioner members of the interstate commission	34063
shall be ex officio, nonvoting members. The interstate commission	34064
may provide in its bylaws for such additional ex officio,	34065
nonvoting members, including members of other national	34066
organizations, in such numbers as shall be determined by the	34067
commission.	34068

(D) Each compacting state represented at any meeting of the	34069
interstate commission is entitled to one vote. A majority of the	34070
compacting states shall constitute a quorum for the transaction of	34071
business, unless a larger quorum is required by the bylaws of the	34072
interstate commission.	34073

(E) The interstate commission shall meet at least once each	34074
calendar year. The chairperson may call additional meetings and,	34075
upon the request of a simple majority of the compacting states,	34076
shall call additional meetings. Public notice shall be given of	34077
all meetings, and all meetings, shall be open to the public.	34078

(F) The interstate commission shall establish an executive	34079
committee, which shall include commission officers, members, and	34080
others as determined by the interstate commission's bylaws. The	34081
executive committee shall have the power to act on behalf of the	34082
interstate commission during periods when the interstate	34083
commission is not in session, with the exception of any rulemaking	34084
or amendment to the compact. The executive committee shall do all	34085
of the following:	34086

(1) Oversee the day-to-day activities of the administration	34087
of the compact, managed by an executive director and interstate	34088
commission staff;	34089

(2) Administer enforcement and compliance with the provisions	34090
of this compact and the interstate commission's bylaws and rules;	34091

(3) Perform any other duties as directed by the interstate	34092
commission or set forth in its bylaws.	34093

(G) Each member of the interstate commission shall have the	34094
right and power to cast a vote to which that compacting state is	34095
entitled and to participate in the business and affairs of the	34096
interstate commission. A member shall vote in person and shall not	34097
delegate a vote to another compacting state. However, a	34098
commissioner, in consultation with the state council for	34099
interstate juvenile supervision for the state, shall appoint	34100
another authorized representative, in the absence of the	34101
commissioner from that state, to cast a vote on behalf of the	34102
compacting state at a specified meeting. The interstate	34103
commission's bylaws may provide for members' participation in	34104
meetings by telephone or other means of telecommunication or	34105
electronic communication.	34106

(H) The interstate commission's bylaws shall establish	34107
conditions and procedures under which the interstate commission	34108
shall make its information and official records available to the	34109
public for inspection or copying. The interstate commission may	34110
exempt from disclosure any information or official records to the	34111
extent the information or official records would adversely affect	34112
personal privacy rights or proprietary interests.	34113

(I) Public notice shall be given of all meetings of the	34114
interstate commission, and all of its meetings shall be open to	34115
the public, except as set forth in the commission's rules or as	34116
otherwise provided in this compact. The interstate commission and	34117
any of its committees may close a meeting to the public when it	34118
determines by two-thirds vote that an open meeting would be likely	34119
to do any of the following:	34120

(1) Relate solely to the interstate commission's internal	34121
personnel practices and procedures;	34122

(2) Disclose matters specifically exempted from disclosure by	34123
statute;	34124

(3) Disclose trade secrets or commercial or financial	34125
information that is privileged or confidential;	34126

(4) Involve accusing any person of a crime or formally	34127
censuring any person;	34128

(5) Disclose information of a personal nature where	34129
disclosure would constitute a clearly unwarranted invasion of	34130
personal privacy;	34131

(6) Disclose investigative records compiled for law	34132
enforcement purposes;	34133

(7) Disclose information contained in or related to	34134
examination, operating, or condition reports prepared by, or on	34135
behalf of or for the use of, the interstate commission with	34136
respect to a regulated person or entity for the purpose of	34137
regulation or supervision of such person or entity;	34138

(8) Disclose information, the premature disclosure of which	34139
would significantly endanger the stability of a regulated person	34140
or entity;	34141

(9) Specifically relate to the interstate commission's	34142
issuance of a subpoena or its participation in a civil action or	34143
other legal proceeding.	34144

(J) For every meeting closed pursuant to division (I) of this	34145
Article of this compact, the interstate commission's legal counsel	34146
shall publicly certify that, in the legal counsel's opinion, the	34147
meeting may be closed to the public and shall reference each	34148
relevant exemptive provision. The interstate commission shall keep	34149
minutes that fully and clearly describe all matters discussed in	34150
any meeting and that provide a full and accurate summary of any	34151
actions taken, and the reasons for the actions, including a	34152
description of each of the views expressed on any item and the	34153
record of any roll call vote (reflected in the vote of each member	34154
on the question). All documents considered in connection with any	34155
action shall be identified in those minutes.	34156

(K) The interstate commission shall collect standardized data	34157
concerning the interstate movement of juveniles as directed	34158
through its rules, which shall specify the data to be collected,	34159
the means of collection and data exchange, and reporting	34160
requirements. Such methods of data collection, exchange, and	34161
reporting shall insofar as is reasonably possible conform to	34162
up-to-date technology and coordinate the interstate commission's	34163
information functions with the appropriate repository of records.	34164

Article IV -- Powers and Duties of the Interstate Commission	34165

The interstate commission shall maintain its corporate books	34166
and records in accordance with its bylaws.	34167

The interstate commission shall have all of the following	34168
powers and duties:	34169

(A) To provide for dispute resolution among compacting	34170
states;	34171

(B) To promulgate rules to affect the purposes and	34172
obligations as enumerated in this compact, which rules shall have	34173
the force and effect of statutory law and shall be binding in the	34174
compacting states to the extent and in the manner provided in this	34175
compact;	34176

(C) To oversee, supervise, and coordinate the interstate	34177
movement of juveniles, subject to the terms of this compact and	34178
any bylaws adopted and rules promulgated by the interstate	34179
commission;	34180

(D) To enforce compliance with the provisions of this	34181
compact, the rules promulgated by the interstate commission, and	34182
the interstate commission's bylaws, using all necessary and proper	34183
means, including but not limited to the use of judicial process;	34184

(E) To establish and maintain offices, which shall be located	34185
within one or more of the compacting states;	34186

(F) To purchase and maintain insurance and bonds;

34187

(G) To borrow, accept, hire, or contract for services of	34188
personnel;	34189

(H) To establish and appoint committees and hire staff that	34190
it considers necessary for the carrying out of its functions,	34191
including, but not limited to, an executive committee as required	34192
by Article III of this compact, which executive committee shall	34193
have the power to act on behalf of the interstate commission in	34194
carrying out its powers and duties under this compact;	34195

(I) To elect or appoint officers, attorneys, employees,	34196
agents, or consultants, to fix their compensation, define their	34197
duties, and determine their qualifications, and to establish the	34198
interstate commission's personnel policies and programs relating	34199
to, inter alia, conflicts of interest, rates of compensation, and	34200
qualifications of personnel;	34201

(J) To accept any and all donations and grants of money,	34202
equipment, supplies, materials, and services and to receive,	34203
utilize, and dispose of same;	34204

(K) To lease, purchase, accept contributions or donations of,	34205
or otherwise to own, hold, improve, or use any real property,	34206
personal property, or mixed real and personal property;	34207

(L) To sell, convey, mortgage, pledge, lease, exchange,	34208
abandon, or otherwise dispose of any real property, personal	34209
property, or mixed real and personal property;	34210

(M) To establish a budget and make expenditures and levy dues	34211
as provided in Article VIII of this compact;	34212

(N) To sue and be sued;

34213

(O) To adopt a seal and bylaws governing the management and	34214
operation of the interstate commission;	34215

(P) To perform any functions that may be necessary or	34216
appropriate to achieve the purposes of this compact;	34217

(Q) To report annually to the legislatures, governors,	34218
judiciary, and state councils for interstate juvenile supervision	34219
of the compacting states concerning the activities of the	34220
interstate commission during the preceding year, and with the	34221
annual reports also including any recommendations that may have	34222
been adopted by the interstate commission.	34223

(R) To coordinate education, training, and public awareness	34224
regarding the interstate movement of juveniles for officials	34225
involved in such activity.	34226

(S) To establish uniform standards of the reporting,	34227
collecting and exchanging of data.	34228

Article V -- Organization and Operation of the Interstate	34229
Commission	34230

Section A. Bylaws

34231

The interstate commission, by a majority of the members	34232
present and voting and within twelve months after the first	34233
interstate commission meeting, shall adopt bylaws to govern its	34234
conduct as may be necessary or appropriate to carry out the	34235
purposes of this compact, including, but not limited to, bylaws	34236
that do all of the following:	34237

(1) Establish the fiscal year of the interstate commission;

34238

(2) Establish an executive committee and any other committees	34239
that may be necessary;	34240

(3) Provide for the establishment of committees governing any	34241
general or specific delegation of any authority or function of the	34242
interstate commission;	34243

(4) Provide reasonable procedures for calling and conducting	34244
meetings of the interstate commission and ensuring reasonable	34245
notice of each such meeting;	34246

(5) Establish the titles and responsibilities of the officers	34247
of the interstate commission;	34248

(6) Provide a mechanism for concluding the operations of the	34249
interstate commission and the return of any surplus funds that may	34250
exist upon the termination of this compact after the payment or	34251
reserving of all of its debts and obligations, or both;	34252

(7) Provide start-up rules for initial administration of this	34253
compact;	34254

(8) Establish standards and procedures for compliance and	34255
technical assistance in carrying out this compact.	34256

Section B. Officers and Staff

34257

(1) The interstate commission, by a majority of the members,	34258
shall elect annually from among its members a chairperson and a	34259
vice chairperson, each of whom shall have such authority and	34260
duties as may be specified in the interstate commission's bylaws.	34261
The chairperson or, in the chairperson's absence or disability,	34262
the vice chairperson shall preside at all meetings of the	34263
interstate commission. The officers so elected shall serve without	34264
compensation or remuneration from the interstate commission;	34265
provided that, subject to the availability of budgeted funds, the	34266
officers shall be reimbursed for any ordinary and necessary costs	34267
and expenses incurred by them in the performance of their duties	34268
and responsibilities as officers of the interstate commission.	34269

(2) The interstate commission, through its executive	34270
committee, shall appoint or retain an executive director for such	34271
period, upon such terms and conditions, and for such compensation	34272
as the interstate commission considers appropriate. The executive	34273
director shall serve as secretary to the interstate commission but	34274
shall not be a member of the interstate commission. The executive	34275
director shall hire and supervise such other staff as may be	34276
authorized by the interstate commission.	34277

Section C. Qualified Immunity, Defense, and Indemnification

34278

(1) Except as otherwise provided in this subsection, the	34279
interstate commission's executive director and each of its	34280
employees shall be immune from suit and liability, either	34281
personally or in the executive director's or employee's official	34282
capacity, for any claim for damage to or loss of property or	34283
personal injury or other civil liability caused or arising out of	34284
or relating to any actual or alleged act, error, or omission that	34285
occurred, or that the executive director or employee had a	34286
reasonable basis for believing occurred, within the scope of	34287
commission employment, duties, or responsibilities. The executive	34288
director or an employee shall not be protected from suit or	34289
liability for any damage, loss, injury, or liability caused by the	34290
executive director's or employee's willful and wanton misconduct	34291
of any such person.	34292

(2) The liability of any commissioner, or the employee or	34293
agent of a commissioner, acting within the scope of such person's	34294
employment or duties for acts, errors, or omissions occurring	34295
within such person's state may not exceed the limits of liability	34296
set forth under the constitution and laws of that state for state	34297
officials, employees, and agents. Nothing in this subsection shall	34298
be construed to protect any such person from suit or liability for	34299
any damage, loss, injury, or liability caused by the intentional	34300
or willful and wanton misconduct of any such person.	34301

(3) Except as otherwise provided in this subsection, the	34302
interstate commission shall defend the executive director or the	34303
employees or representatives of the interstate commission and,	34304
subject to the approval of the attorney general of the state	34305
represented by any commissioner of a compacting state, shall	34306
defend such commissioner or the commissioner's representatives or	34307
employees in any civil action seeking to impose liability arising	34308
out of any actual or alleged act, error, or omission that occurred	34309
within the scope of interstate commission employment, duties, or	34310
responsibilities, or that the defendant had a reasonable basis for	34311
believing occurred within the scope of interstate commission	34312
employment, duties, or responsibilities. The duty to defend	34313
described in this division does not apply if the actual or alleged	34314
act, error, or omission in question resulted from intentional or	34315
willful and wanton misconduct on the part of the executive	34316
director, employee, or representative of the interstate commission	34317
or the commissioner of a compacting state or the commissioner's	34318
representatives or employees.	34319

(4) Except as otherwise provided in this subsection, the	34320
interstate commission shall indemnify and hold the commissioner of	34321
a compacting state, or the commissioner's representatives or	34322
employees, or the interstate commission's representatives or	34323
employees, harmless in the amount of any settlement or judgment	34324
obtained against such persons arising out of any actual or alleged	34325
act, error, or omission that occurred within the scope of	34326
interstate commission employment, duties, or responsibilities, or	34327
that such persons had a reasonable basis for believing occurred	34328
within the scope of interstate commission employment, duties, or	34329
responsibilities. The duty to indemnify and hold harmless	34330
described in this division does not apply if the actual or alleged	34331
act, error, or omission in question resulted from intentional or	34332
willful and wanton misconduct on the part of the commissioner of a	34333
compacting state or the commissioner's representatives or	34334
employees or the interstate commission's representatives or	34335
employees.	34336

Article VI -- Rulemaking Functions of the Interstate Commission	34337

(A) The interstate commission shall promulgate and publish	34338
rules in order to effectively and efficiently achieve the purposes	34339
of this compact.	34340

(B) Rulemaking shall occur pursuant to the criteria set forth	34341
in this Article and the bylaws and rules adopted pursuant thereto.	34342
The rulemaking shall substantially conform to the principles of	34343
the "Model State Administrative Procedures Act," 1981 Act, Uniform	34344
Laws Annotated, Vol. 15, p. 1 (2000), or another administrative	34345
procedures act, as the interstate commission determines	34346
appropriate consistent with due process requirements under the	34347
United States Constitution as now or hereafter interpreted by the	34348
United States Supreme Court. All rules and amendments shall become	34349
binding as of the date specified, as published with the final	34350
version of the rule as approved by the interstate commission.	34351

(C) When promulgating a rule, the interstate commission, at a	34352
minimum, shall do all of the following:	34353

(1) Publish the proposed rule's entire text stating the	34354
reason or reasons for that proposed rule;	34355

(2) Allow and invite any and all persons to submit written	34356
data, facts, opinions, and arguments, which information shall be	34357
added to the record and be made publicly available;	34358

(3) Provide an opportunity for an informal hearing, if	34359
petitioned by ten or more persons;	34360

(4) Promulgate a final rule and its effective date, if	34361
appropriate, based on input from state or local officials, or	34362
interested parties.	34363

(D) When the interstate commission promulgates a rule, not	34364
later than sixty days after the rule is promulgated, any	34365
interested person may file a petition in the United States	34366
district court for the District of Columbia or in the federal	34367
district court where the interstate commission's principal office	34368
is located, for judicial review of the rule. If the court finds	34369
that the interstate commission's action is not supported by	34370
substantial evidence in the rulemaking record, the court shall	34371
hold the rule unlawful and set it aside. For purposes of this	34372
division, evidence is substantial if it would be considered	34373
substantial evidence under the "Model State Administrative	34374
Procedures Act," 1981 Act, Uniform Laws Annotated, Vol. 15, p. 1	34375
(2000).	34376

(E) If a majority of the legislatures of the compacting	34377
states rejects a rule, those states, by enactment of a statute or	34378
resolution in the same manner used to adopt the compact, may cause	34379
that such rule shall have no further force and effect in any	34380
compacting state.	34381

(F) The existing rules governing the operation of the	34382
interstate compact on juveniles that is superseded by this compact	34383
shall be null and void twelve months after the first meeting of	34384
the interstate commission created under this compact.	34385

(G) Upon determination by the interstate commission that a	34386
state of emergency exists, it may promulgate an emergency rule. An	34387
emergency rule so promulgated shall become effective immediately	34388
upon adoption, provided that the usual rulemaking procedures	34389
specified in this Article shall be retroactively applied to the	34390
emergency rule as soon as reasonably possible, but not later than	34391
ninety days after the effective date of the emergency rule.	34392

Article VII -- Oversight, Enforcement, and Dispute Resolution by	34393
the Interstate Commission	34394

A Oversight and Enforcement

34395

(1) The interstate commission shall oversee the	34396
administration and operations of the interstate movement of	34397
juveniles subject to this compact in the compacting states and	34398
shall monitor such activities being administered in noncompacting	34399
states that may significantly affect compacting states.	34400

(2) The courts and executive agencies in each compacting	34401
state shall enforce this compact and shall take all actions	34402
necessary and appropriate to effectuate this compact's purposes	34403
and intent. The provisions of this compact and the rules	34404
promulgated under it shall be received by all the judges, public	34405
officers, commissions, and departments of the state government as	34406
evidence of the authorized statute and administrative rules. All	34407
courts shall take judicial notice of the compact and the rules. In	34408
any judicial or administrative proceeding in a compacting state	34409
pertaining to the subject matter of this compact that may affect	34410
the powers, responsibilities, or actions of the interstate	34411
commission, the interstate commission shall be entitled to receive	34412
all service of process in the proceeding and shall have standing	34413
to intervene in the proceeding for all purposes.	34414

Section B. Dispute Resolution

34415

(1) The compacting states shall report to the interstate	34416
commission on all issues and activities necessary for the	34417
administration of this compact and on all issues and activities	34418
pertaining to compliance with the provisions of this compact and	34419
the interstate commission's bylaws and rules.	34420

(2) The interstate commission, upon the request of a	34421
compacting state, shall attempt to resolve any disputes or other	34422
issues that are subject to this compact and that may arise among	34423
compacting states and between compacting and non-compacting	34424
states. The interstate commission shall promulgate a rule	34425
providing for both mediation and binding dispute resolution for	34426
disputes among the compacting states.	34427

(3) The interstate commission, in the reasonable exercise of	34428
its discretion, shall enforce the provisions and rules of this	34429
compact using any or all means set forth in Article XI of this	34430
compact.	34431

Article VIII -- Finance	34432

(A) The interstate commission shall pay or provide for the	34433
payment of the reasonable expenses of its establishment,	34434
organization, and ongoing activities.	34435

(B) The interstate commission shall levy on and collect an	34436
annual assessment from each compacting state to cover the cost of	34437
the internal operations and activities of the interstate	34438
commission and its staff. The annual assessment shall be in a	34439
total amount sufficient to cover the interstate commission's	34440
annual budget as approved each year. The aggregate annual	34441
assessment amount shall be allocated based upon a formula to be	34442
determined by the interstate commission, taking into consideration	34443
the population of each compacting state and the volume of	34444
interstate movement of juveniles in each compacting state. The	34445
interstate commission shall promulgate a rule binding upon all	34446
compacting states that governs the assessment.	34447

(C) The interstate commission shall not incur any obligations	34448
of any kind prior to securing the funds adequate to meet the	34449
obligations. The interstate commission shall not pledge the credit	34450
of any of the compacting states, except by and with the authority	34451
of the compacting state.	34452

(D) The interstate commission shall keep accurate accounts of	34453
all receipts and disbursements. The receipts and disbursements of	34454
the interstate commission shall be subject to the audit and	34455
accounting procedures established under its bylaws. However, all	34456
receipts and disbursements of funds handled by the interstate	34457
commission shall be audited yearly by a certified or licensed	34458
public accountant and the report of the audit shall be included in	34459
and become part of the annual report of the interstate commission.	34460

Article IX -- The State Council	34461

Each compacting state shall create a state council for	34462
interstate juvenile supervision. While each compacting state may	34463
determine the membership of its own state council, its membership	34464
must include at least one representative from the legislative,	34465
judicial, and executive branches of government, victims groups,	34466
and the compact administrator or designee. Each compacting state	34467
retains the right to determine the qualifications of the compact	34468
administrator for the state. Each state council shall advise and	34469
may exercise oversight and advocacy concerning that state's	34470
participation in interstate commission activities and other duties	34471
as may be determined by that state, including but not limited to,	34472
development of policy concerning operations and procedures of the	34473
compact within that state.	34474

Article X – Compacting States, Effective Date, and Amendment	34475

(A) Any state, as defined in Article II of this compact, is	34476
eligible to become a compacting state.	34477

(B) This compact shall become effective and binding upon	34478
legislative enactment of the compact into law by no less than	34479
thirty-five of the states. The initial effective date shall be the	34480
later of July 1, 2004, or upon enactment into law by the	34481
thirty-fifth jurisdiction. Thereafter, this compact shall become	34482
effective and binding as to any other compacting state upon	34483
enactment of this compact into law by that state. The governors of	34484
non-compacting states or their designees shall be invited to	34485
participate in the activities of the interstate commission on a	34486
non-voting basis prior to adoption of this compact by all states.	34487

(C) The interstate commission may propose amendments to this	34488
compact for enactment by the compacting states. No amendment shall	34489
become effective and binding upon the interstate commission and	34490
the compacting states unless and until it is enacted into law by	34491
unanimous consent of the compacting states.	34492

Article XI – Withdrawal, Default, Termination, and Judicial	34493
Enforcement	34494

Section A. Withdrawal

34495

(1) Once effective, this compact shall continue in force and	34496
remain binding upon each and every compacting state, provided that	34497
a compacting state may withdraw from this compact by specifically	34498
repealing the statute that enacted this compact into law.	34499

(2) The effective date of withdrawal of a compacting state is	34500
the effective date of the state's repeal of the statute that	34501
enacted this compact into law.	34502

(3) A compacting state that withdraws from this compact shall	34503
immediately notify the chairperson of the interstate commission in	34504
writing upon the introduction of legislation repealing this	34505
compact in the withdrawing state. The interstate commission shall	34506
notify the other compacting states of the withdrawing state's	34507
intent to withdraw within sixty days of the interstate	34508
commission's receipt of the notice from the withdrawing state.	34509

(4) A compacting state that withdraws from this compact is	34510
responsible for all assessments, obligations, and liabilities	34511
incurred through the effective date of withdrawal, including any	34512
obligations, the performance of which extend beyond the effective	34513
date of withdrawal.	34514

(5) If a compacting state withdraws from this compact,	34515
reinstatement of the withdrawing state following withdrawal shall	34516
occur upon the withdrawing state reenacting this compact or upon	34517
such later date as determined by the interstate commission.	34518

Section B. Technical Assistance, Fines, Suspension,	34519
Termination, and Default	34520

(1) If the interstate commission determines that any	34521
compacting state has at any time defaulted in the performance of	34522
any of its obligations or responsibilities under this compact, or	34523
under the interstate commission's bylaws or duly promulgated	34524
rules, the interstate commission may impose one or more of the	34525
following penalties:	34526

(a) Remedial training and technical assistance as directed by	34527
the interstate commission;	34528

(b) Alternative dispute resolution;

34529

(c) Fines, fees, and costs in such amounts as are deemed to	34530
be reasonable as fixed by the interstate commission;	34531

(d) Suspension or termination of membership in this compact,	34532
provided that suspension or termination of membership shall be	34533
imposed only after all other reasonable means of securing	34534
compliance under the bylaws and rules have been exhausted and the	34535
interstate commission has therefore determined that the offending	34536
state is in default. Immediate notice of suspension shall be given	34537
by the interstate commission to the governor of the defaulting	34538
state, its chief justice or the chief judicial officer, the	34539
majority and minority leaders of its state legislature, and the	34540
state council for interstate juvenile supervision. The grounds for	34541
default include, but are not limited to, failure of a compacting	34542
state to perform such obligations or responsibilities imposed upon	34543
it by this compact, by the interstate commission's bylaws, or by	34544
its duly promulgated rules, and any other grounds designated in	34545
commission bylaws and rules. The interstate commission shall	34546
immediately notify the defaulting state in writing of the penalty	34547
imposed by the interstate commission and of the default pending a	34548
cure of the default. The interstate commission shall stipulate the	34549
conditions and the time period within which the defaulting state	34550
must cure its default. If the defaulting state fails to cure the	34551
default within the time period specified by the interstate	34552
commission, the defaulting state shall be terminated from this	34553
compact upon an affirmative vote of a majority of the compacting	34554
states and all rights, privileges, and benefits conferred by this	34555
compact shall be terminated from the effective date of	34556
termination.	34557

(2) Within sixty days of the effective date of termination of	34558
a defaulting compacting state, the interstate commission shall	34559
notify the defaulting state's governor, its chief justice or chief	34560
judicial officer, the majority and minority leaders of its state	34561
legislature, and the state council for interstate juvenile	34562
supervision of the termination.	34563

(3) A defaulting compacting state is responsible for all	34564
assessments, obligations, and liabilities incurred through the	34565
effective date of termination, including any obligations the	34566
performance of which extends beyond the effective date of	34567
termination.	34568

(4) The interstate commission shall not bear any costs	34569
relating to a defaulting compacting state unless otherwise	34570
mutually agreed upon in writing between the interstate commission	34571
and the defaulting state.	34572

(5) If a defaulting compacting state is terminated,	34573
reinstatement of the defaulting state following termination	34574
requires both a reenactment of the compact by the defaulting state	34575
and the approval of the interstate commission pursuant to its	34576
rules.	34577

Section C. Judicial Enforcement

34578

The interstate commission, by majority vote of the members,	34579
may initiate legal action against any compacting state to enforce	34580
compliance with the provisions of this compact, and the interstate	34581
commission's duly promulgated rules and bylaws. Any such action,	34582
if initiated, shall be initiated in the United States district	34583
court for the District of Columbia or, at the discretion of the	34584
interstate commission, in the federal district where the	34585
interstate commission has its offices. In the event judicial	34586
enforcement is necessary, the prevailing party shall be awarded	34587
all costs of the litigation including reasonable attorney's fees.	34588

D Dissolution of Compact

34589

(1) This compact dissolves effective upon the date of the	34590
withdrawal or default of the compacting state, which reduces	34591
membership in this compact to one compacting state.	34592

(2) Upon the dissolution of this compact, the compact becomes	34593
null and void and shall be of no further force or effect, the	34594
business and affairs of the interstate commission shall be	34595
concluded, and any surplus funds shall be distributed in	34596
accordance with the interstate commission's bylaws.	34597

Article XII – Severability and Construction

34598

(A) The provisions of this compact shall be severable, and if	34599
any phrase, clause, sentence, or provision is deemed	34600
unenforceable, the remaining provisions of the compact shall be	34601
enforceable.	34602

(B) The provisions of this compact shall be liberally	34603
construed to effectuate its purposes.	34604

Article XIII – Binding Effect of Compact and Other Laws	34605

Section A. Other Laws

34606

(1) Nothing in this compact prevents the enforcement of any	34607
other law of a compacting state that is not inconsistent with this	34608
compact.	34609

(2) All compacting states' laws, other than state	34610
constitutions and other interstate compacts, conflicting with this	34611
compact are superseded to the extent of the conflict.	34612

Section B. Binding Effect of the Compact

34613

(1) All lawful actions of the interstate commission,	34614
including all rules and bylaws promulgated by the interstate	34615
commission, are binding upon the compacting states.	34616

(2) All agreements between the interstate commission and the	34617
compacting states are binding in accordance with their terms.	34618

(3) Upon the request of a party to a conflict over the	34619
meaning or interpretation of interstate commission actions, and	34620
upon a majority vote of the compacting states, the interstate	34621
commission may issue advisory opinions regarding that meaning or	34622
interpretation.	34623

(4) In the event any provision of this compact exceeds the	34624
constitutional limits imposed on the legislature of any compacting	34625
state, the obligations, duties, powers, or jurisdiction sought to	34626
be conferred by that provision upon the interstate commission	34627
shall be ineffective and such obligations, duties, powers, or	34628
jurisdiction shall remain in the compacting state and shall be	34629
exercised by the agency of that state to which such obligations,	34630
duties, powers, or jurisdiction are delegated by law in effect at	34631
the time this compact becomes effective.	34632

Article XIV – Financial Reimbursement	34633

The state agency responsible for administering this compact	34634
shall have the legal authority to recoup fines, fees and costs	34635
imposed by the interstate commission as stated in Article XI,	34636
Section B, Subsection (1)(c) of this compact when the default in	34637
performance is the result of a decision made by an entity outside	34638
the jurisdiction of the agency administering this compact.	34639

Sec. 2151.57. (A) As used in sections 2151.57 to 2151.59 of	34640
the Revised Code:	34641

(1) "Interstate compact for juveniles" means the interstate	34642
compact for juveniles ratified, enacted into law, and entered into	34643
by this state pursuant to section 2151.56 of the Revised Code.	34644

(2) "Bylaws," "commissioner," "compact administrator," and	34645
"interstate commission for juveniles" have the same meanings as in	34646
section 2151.56 of the Revised Code.	34647

(B) The state council for interstate juvenile supervision is	34648
hereby established within the department of youth services. The	34649
council shall consist of the following members:	34650

(1) One member who is the compact administrator or the	34651
designee of the compact administrator;	34652

(2) One member of the house of representatives appointed by	34653
the speaker of the house of representatives;	34654

(3) One member of the senate appointed by the president of	34655
the senate;	34656

(4) One member who is a representative of the executive	34657
branch of state government, in addition to the member described in	34658
division (B)(1) of this section, appointed by the governor;	34659

(5) One member who is a representative of the judiciary, who	34660
shall be a juvenile court judge appointed by the chief justice of	34661
the supreme court;	34662

(6) One member who is a person who represents an organization	34663
that advocates for the rights of victims of crime or a delinquent	34664
act, appointed by the governor.	34665

(C) The state council for interstate juvenile supervision	34666
shall advise and may exercise oversight and advocacy concerning	34667
this state's participation in activities of the interstate	34668
commission for juveniles, shall develop policy for this state	34669
concerning operations and procedures of the interstate compact for	34670
juveniles within this state, and shall perform other duties	34671
assigned to state councils under that compact.	34672

Sec. 2151.58. (A) The governor shall appoint the director of	34673
youth services as the compact administrator for the interstate	34674
compact for juveniles.	34675

(B) The governor shall appoint the compact administrator or	34676
shall allow the compact administrator to appoint a designee to	34677
serve as the commissioner from this state on the interstate	34678
commission for juveniles.	34679

Sec. 2151.59. (A) The department of youth services is the	34680
state agency responsible for administering the interstate compact	34681
for juveniles in this state.	34682

(B) The department of youth services shall pay all of the	34683
following:	34684

(1) The annual assessment charged to this state for	34685
participating in the interstate compact for juveniles;	34686

(2) All fines, fees, or costs assessed against this state by	34687
the interstate commission for juveniles for any default in the	34688
performance of this state's obligations or responsibilities under	34689
the compact, the bylaws, or rules duly promulgated under the	34690
compact.	34691

Sec. 2152.26. (A) Except as provided in divisions (B) and	34692
(F) of this section, a child alleged to be or adjudicated a	34693
delinquent child or a juvenile traffic offender may be held only	34694
in the following places:	34695

(1) A certified foster home or a home approved by the court;

34696

(2) A facility operated by a certified child welfare agency;

34697

(3) Any other suitable place designated by the court.

34698

(B) In addition to the places listed in division (A) of this	34699
section, a child alleged to be or adjudicated a delinquent child	34700
may be held in a detention facility for delinquent children that	34701
is under the direction or supervision of the court or other public	34702
authority or of a private agency and approved by the court and a	34703
child adjudicated a delinquent child may be held in accordance	34704
with division (F)(2) of this section in a facility of a type	34705
specified in that division. Division (B) of this section does not	34706
apply to a child alleged to be or adjudicated a delinquent child	34707
for chronic truancy, unless the child violated a lawful court	34708
order made pursuant to division (A)(6) of section 2152.19 of the	34709
Revised Code. Division (B) of this section also does not apply to	34710
a child alleged to be or adjudicated a delinquent child for being	34711
an habitual truant who previously has been adjudicated an unruly	34712
child for being an habitual truant, unless the child violated a	34713
lawful court order made pursuant to division (C)(1)(e) of section	34714
2151.354 of the Revised Code.	34715

(C)(1) Except as provided under division (C)(1) of section	34716
2151.311 of the Revised Code or division (A)(5) of section 2152.21	34717
of the Revised Code, a child alleged to be or adjudicated a	34718
juvenile traffic offender may not be held in any of the following	34719
facilities:	34720

(a) A state correctional institution, county, multicounty, or	34721
municipal jail or workhouse, or other place in which an adult	34722
convicted of crime, under arrest, or charged with a crime is held.	34723

(b) A secure correctional facility.

34724

(2) Except as provided under this section, sections 2151.56	34725
to ~~2151.61~~2151.59, and divisions (A)(5) and (6) of section	34726
2152.21 of the Revised Code, a child alleged to be or adjudicated	34727
a juvenile traffic offender may not be held for more than	34728
twenty-four hours in a detention facility.	34729

(D) Except as provided in division (F) of this section or in	34730
division (C) of section 2151.311, in division (C)(2) of section	34731
5139.06 and section 5120.162, or in division (B) of section	34732
5120.16 of the Revised Code, a child who is alleged to be or is	34733
adjudicated a delinquent child may not be held in a state	34734
correctional institution, county, multicounty, or municipal jail	34735
or workhouse, or other place where an adult convicted of crime,	34736
under arrest, or charged with crime is held.	34737

(E) Unless the detention is pursuant to division (F) of this	34738
section or division (C) of section 2151.311, division (C)(2) of	34739
section 5139.06 and section 5120.162, or division (B) of section	34740
5120.16 of the Revised Code, the official in charge of the	34741
institution, jail, workhouse, or other facility shall inform the	34742
court immediately when a child, who is or appears to be under the	34743
age of eighteen years, is received at the facility, and shall	34744
deliver the child to the court upon request or transfer the child	34745
to a detention facility designated by the court.	34746

(F)(1) If a case is transferred to another court for criminal	34747
prosecution pursuant to section 2152.12 of the Revised Code, the	34748
child may be transferred for detention pending the criminal	34749
prosecution in a jail or other facility in accordance with the law	34750
governing the detention of persons charged with crime. Any child	34751
so held shall be confined in a manner that keeps the child beyond	34752
the range of touch of all adult detainees. The child shall be	34753
supervised at all times during the detention.	34754

(2) If a person is adjudicated a delinquent child or juvenile	34755
traffic offender and the court makes a disposition of the person	34756
under this chapter, at any time after the person attains eighteen	34757
years of age, the person may be held under that disposition in	34758
places other than those specified in division (A) of this section,	34759
including, but not limited to, a county, multicounty, or municipal	34760
jail or workhouse, or other place where an adult convicted of	34761
crime, under arrest, or charged with crime is held.	34762

(3)(a) A person alleged to be a delinquent child may be held	34763
in places other than those specified in division (A) of this	34764
section, including, but not limited to, a county, multicounty, or	34765
municipal jail, if the delinquent act that the child allegedly	34766
committed would be a felony if committed by an adult, and if	34767
either of the following applies:	34768

(i) The person attains eighteen years of age before the	34769
person is arrested or apprehended for that act.	34770

(ii) The person is arrested or apprehended for that act	34771
before the person attains eighteen years of age, but the person	34772
attains eighteen years of age before the court orders a	34773
disposition in the case.	34774

(b) If, pursuant to division (F)(3)(a) of this section, a	34775
person is held in a place other than a place specified in division	34776
(A) of this section, the person has the same rights to bail as an	34777
adult charged with the same offense who is confined in a jail	34778
pending trial.	34779

Sec. 2152.72. (A) This section applies only to a child who	34780
is or previously has been adjudicated a delinquent child for an	34781
act to which any of the following applies:	34782

(1) The act is a violation of section 2903.01, 2903.02,	34783
2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2907.02, 2907.03, or	34784
2907.05 of the Revised Code.	34785

(2) The act is a violation of section 2923.01 of the Revised	34786
Code and involved an attempt to commit aggravated murder or	34787
murder.	34788

(3) The act would be a felony if committed by an adult, and	34789
the court determined that the child, if an adult, would be guilty	34790
of a specification found in section 2941.141, 2941.144, or	34791
2941.145 of the Revised Code or in another section of the Revised	34792
Code that relates to the possession or use of a firearm during the	34793
commission of the act for which the child was adjudicated a	34794
delinquent child.	34795

(4) The act would be an offense of violence that is a felony	34796
if committed by an adult, and the court determined that the child,	34797
if an adult, would be guilty of a specification found in section	34798
2941.1411 of the Revised Code or in another section of the Revised	34799
Code that relates to the wearing or carrying of body armor during	34800
the commission of the act for which the child was adjudicated a	34801
delinquent child.	34802

(B)(1) Except as provided in division (E) of this section, a	34803
public children services agency, private child placing agency,	34804
private noncustodial agency, or court, the department of youth	34805
services, or another private or government entity shall not place	34806
a child in a certified foster home or for adoption until it	34807
provides the foster caregivers or prospective adoptive parents	34808
with all of the following:	34809

(a) A written report describing the child's social history;

34810

(b) A written report describing all the acts committed by the	34811
child the entity knows of that resulted in the child being	34812
adjudicated a delinquent child and the disposition made by the	34813
court, unless the records pertaining to the acts have been sealed	34814
pursuant to section 2151.356 of the Revised Code;	34815

(c) A written report describing any other violent act	34816
committed by the child of which the entity is aware;	34817

(d) The substantial and material conclusions and	34818
recommendations of any psychiatric or psychological examination	34819
conducted on the child or, if no psychological or psychiatric	34820
examination of the child is available, the substantial and	34821
material conclusions and recommendations of an examination to	34822
detect mental and emotional disorders conducted in compliance with	34823
the requirements of Chapter 4757. of the Revised Code by an	34824
independent social worker, social worker, professional clinical	34825
counselor, or professional counselor licensed under that chapter.	34826
The entity shall not provide any part of a psychological,	34827
psychiatric, or mental and emotional disorder examination to the	34828
foster caregivers or prospective adoptive parents other than the	34829
substantial and material conclusions.	34830

(2) Notwithstanding sections 2151.356 to 2151.358 of the	34831
Revised Code, if records of an adjudication that a child is a	34832
delinquent child have been sealed pursuant to those sections and	34833
an entity knows the records have been sealed, the entity shall	34834
provide the foster caregivers or prospective adoptive parents a	34835
written statement that the records of a prior adjudication have	34836
been sealed.	34837

(C)(1) The entity that places the child in a certified foster	34838
home or for adoption shall conduct a psychological examination of	34839
the child unless either of the following applies:	34840

(a) An entity is not required to conduct the examination if	34841
an examination was conducted no more than one year prior to the	34842
child's placement, and division (C)(1)(b) of this section does not	34843
apply.	34844

(b) An entity is not required to conduct the examination if a	34845
foster caregiver seeks to adopt the foster caregiver's foster	34846
child, and an examination was conducted no more than two years	34847
prior to the date the foster caregiver seeks to adopt the child.	34848

(2) No later than sixty days after placing the child, the	34849
entity shall provide the foster caregiver or prospective adoptive	34850
parents a written report detailing the substantial and material	34851
conclusions and recommendations of the examination conducted	34852
pursuant to this division.	34853

(D)(1) Except as provided in divisions (D)(2) and (3) of this	34854
section, the expenses of conducting the examinations and preparing	34855
the reports and assessment required by division (B) or (C) of this	34856
section shall be paid by the entity that places the child in the	34857
certified foster home or for adoption.	34858

(2) When a juvenile court grants temporary or permanent	34859
custody of a child pursuant to any section of the Revised Code,	34860
including section 2151.33, 2151.353, 2151.354, or 2152.19 of the	34861
Revised Code, to a public children services agency or private	34862
child placing agency, the court shall provide the agency the	34863
information described in division (B) of this section, pay the	34864
expenses of preparing that information, and, if a new examination	34865
is required to be conducted, pay the expenses of conducting the	34866
examination described in division (C) of this section. On receipt	34867
of the information described in division (B) of this section, the	34868
agency shall provide to the court written acknowledgment that the	34869
agency received the information. The court shall keep the	34870
acknowledgment and provide a copy to the agency. On the motion of	34871
the agency, the court may terminate the order granting temporary	34872
or permanent custody of the child to that agency, if the court	34873
does not provide the information described in division (B) of this	34874
section.	34875

(3) If one of the following entities is placing a child in a	34876
certified foster home or for adoption with the assistance of or by	34877
contracting with a public children services agency, private child	34878
placing agency, or a private noncustodial agency, the entity shall	34879
provide the agency with the information described in division (B)	34880
of this section, pay the expenses of preparing that information,	34881
and, if a new examination is required to be conducted, pay the	34882
expenses of conducting the examination described in division (C)	34883
of this section:	34884

(a) The department of youth services if the placement is	34885
pursuant to any section of the Revised Code including section	34886
2152.22, 5139.06, 5139.07, 5139.38, or 5139.39 of the Revised	34887
Code;	34888

(b) A juvenile court with temporary or permanent custody of a	34889
child pursuant to section 2151.354 or 2152.19 of the Revised Code;	34890

(c) A public children services agency or private child	34891
placing agency with temporary or permanent custody of the child.	34892

The agency receiving the information described in division	34893
(B) of this section shall provide the entity described in division	34894
(D)(3)(a) to (c) of this section that sent the information written	34895
acknowledgment that the agency received the information and	34896
provided it to the foster caregivers or prospective adoptive	34897
parents. The entity shall keep the acknowledgment and provide a	34898
copy to the agency. An entity that places a child in a certified	34899
foster home or for adoption with the assistance of or by	34900
contracting with an agency remains responsible to provide the	34901
information described in division (B) of this section to the	34902
foster caregivers or prospective adoptive parents unless the	34903
entity receives written acknowledgment that the agency provided	34904
the information.	34905

(E) If a child is placed in a certified foster home as a	34906
result of an emergency removal of the child from home pursuant to	34907
division (D) of section 2151.31 of the Revised Code, an emergency	34908
change in the child's case plan pursuant to division ~~(E)~~(F)(3) of	34909
section 2151.412 of the Revised Code, or an emergency placement by	34910
the department of youth services pursuant to this chapter or	34911
Chapter 5139. of the Revised Code, the entity that places the	34912
child in the certified foster home shall provide the information	34913
described in division (B) of this section no later than ninety-six	34914
hours after the child is placed in the certified foster home.	34915

(F) On receipt of the information described in divisions (B)	34916
and (C) of this section, the foster caregiver or prospective	34917
adoptive parents shall provide to the entity that places the child	34918
in the foster caregiver's or prospective adoptive parents' home a	34919
written acknowledgment that the foster caregiver or prospective	34920
adoptive parents received the information. The entity shall keep	34921
the acknowledgment and provide a copy to the foster caregiver or	34922
prospective adoptive parents.	34923

(G) No person employed by an entity subject to this section	34924
and made responsible by that entity for the child's placement in a	34925
certified foster home or for adoption shall fail to provide the	34926
foster caregivers or prospective adoptive parents with the	34927
information required by divisions (B) and (C) of this section.	34928

(H) It is not a violation of any duty of confidentiality	34929
provided for in the Revised Code or a code of professional	34930
responsibility for a person or government entity to provide the	34931
substantial and material conclusions and recommendations of a	34932
psychiatric or psychological examination, or an examination to	34933
detect mental and emotional disorders, in accordance with division	34934
(B)(1)(d) or (C) of this section.	34935

(I) As used in this section:

34936

(1) "Body armor" has the same meaning as in section 2941.1411	34937
of the Revised Code.	34938

(2) "Firearm" has the same meaning as in section 2923.11 of	34939
the Revised Code.	34940

Sec. 2301.03. (A) In Franklin county, the judges of the	34941
court of common pleas whose terms begin on January 1, 1953,	34942
January 2, 1953, January 5, 1969, January 5, 1977, and January 2,	34943
1997, and successors, shall have the same qualifications, exercise	34944
the same powers and jurisdiction, and receive the same	34945
compensation as other judges of the court of common pleas of	34946
Franklin county and shall be elected and designated as judges of	34947
the court of common pleas, division of domestic relations. They	34948
shall have all the powers relating to juvenile courts, and all	34949
cases under Chapters 2151. and 2152. of the Revised Code, all	34950
parentage proceedings under Chapter 3111. of the Revised Code over	34951
which the juvenile court has jurisdiction, and all divorce,	34952
dissolution of marriage, legal separation, and annulment cases	34953
shall be assigned to them. In addition to the judge's regular	34954
duties, the judge who is senior in point of service shall serve on	34955
the children services board and the county advisory board and	34956
shall be the administrator of the domestic relations division and	34957
its subdivisions and departments.	34958

(B) In Hamilton county:

34959

(1) The judge of the court of common pleas, whose term begins	34960
on January 1, 1957, and successors, and the judge of the court of	34961
common pleas, whose term begins on February 14, 1967, and	34962
successors, shall be the juvenile judges as provided in Chapters	34963
2151. and 2152. of the Revised Code, with the powers and	34964
jurisdiction conferred by those chapters.	34965

(2) The judges of the court of common pleas whose terms begin	34966
on January 5, 1957, January 16, 1981, and July 1, 1991, and	34967
successors, shall be elected and designated as judges of the court	34968
of common pleas, division of domestic relations, and shall have	34969
assigned to them all divorce, dissolution of marriage, legal	34970
separation, and annulment cases coming before the court. On or	34971
after the first day of July and before the first day of August of	34972
1991 and each year thereafter, a majority of the judges of the	34973
division of domestic relations shall elect one of the judges of	34974
the division as administrative judge of that division. If a	34975
majority of the judges of the division of domestic relations are	34976
unable for any reason to elect an administrative judge for the	34977
division before the first day of August, a majority of the judges	34978
of the Hamilton county court of common pleas, as soon as possible	34979
after that date, shall elect one of the judges of the division of	34980
domestic relations as administrative judge of that division. The	34981
term of the administrative judge shall begin on the earlier of the	34982
first day of August of the year in which the administrative judge	34983
is elected or the date on which the administrative judge is	34984
elected by a majority of the judges of the Hamilton county court	34985
of common pleas and shall terminate on the date on which the	34986
administrative judge's successor is elected in the following year.	34987

In addition to the judge's regular duties, the administrative	34988
judge of the division of domestic relations shall be the	34989
administrator of the domestic relations division and its	34990
subdivisions and departments and shall have charge of the	34991
employment, assignment, and supervision of the personnel of the	34992
division engaged in handling, servicing, or investigating divorce,	34993
dissolution of marriage, legal separation, and annulment cases,	34994
including any referees considered necessary by the judges in the	34995
discharge of their various duties.	34996

The administrative judge of the division of domestic	34997
relations also shall designate the title, compensation, expense	34998
allowances, hours, leaves of absence, and vacations of the	34999
personnel of the division, and shall fix the duties of its	35000
personnel. The duties of the personnel, in addition to those	35001
provided for in other sections of the Revised Code, shall include	35002
the handling, servicing, and investigation of divorce, dissolution	35003
of marriage, legal separation, and annulment cases and counseling	35004
and conciliation services that may be made available to persons	35005
requesting them, whether or not the persons are parties to an	35006
action pending in the division.	35007

The board of county commissioners shall appropriate the sum	35008
of money each year as will meet all the administrative expenses of	35009
the division of domestic relations, including reasonable expenses	35010
of the domestic relations judges and the division counselors and	35011
other employees designated to conduct the handling, servicing, and	35012
investigation of divorce, dissolution of marriage, legal	35013
separation, and annulment cases, conciliation and counseling, and	35014
all matters relating to those cases and counseling, and the	35015
expenses involved in the attendance of division personnel at	35016
domestic relations and welfare conferences designated by the	35017
division, and the further sum each year as will provide for the	35018
adequate operation of the division of domestic relations.	35019

The compensation and expenses of all employees and the salary	35020
and expenses of the judges shall be paid by the county treasurer	35021
from the money appropriated for the operation of the division,	35022
upon the warrant of the county auditor, certified to by the	35023
administrative judge of the division of domestic relations.	35024

The summonses, warrants, citations, subpoenas, and other	35025
writs of the division may issue to a bailiff, constable, or staff	35026
investigator of the division or to the sheriff of any county or	35027
any marshal, constable, or police officer, and the provisions of	35028
law relating to the subpoenaing of witnesses in other cases shall	35029
apply insofar as they are applicable. When a summons, warrant,	35030
citation, subpoena, or other writ is issued to an officer, other	35031
than a bailiff, constable, or staff investigator of the division,	35032
the expense of serving it shall be assessed as a part of the costs	35033
in the case involved.	35034

(3) The judge of the court of common pleas of Hamilton county	35035
whose term begins on January 3, 1997, and the successors to that	35036
judge shall each be elected and designated as the drug court judge	35037
of the court of common pleas of Hamilton county. The drug court	35038
judge may accept or reject any case referred to the drug court	35039
judge under division (B)(3) of this section. After the drug court	35040
judge accepts a referred case, the drug court judge has full	35041
authority over the case, including the authority to conduct	35042
arraignment, accept pleas, enter findings and dispositions,	35043
conduct trials, order treatment, and if treatment is not	35044
successfully completed pronounce and enter sentence.	35045

A judge of the general division of the court of common pleas	35046
of Hamilton county and a judge of the Hamilton county municipal	35047
court may refer to the drug court judge any case, and any	35048
companion cases, the judge determines meet the criteria described	35049
under divisions (B)(3)(a) and (b) of this section. If the drug	35050
court judge accepts referral of a referred case, the case, and any	35051
companion cases, shall be transferred to the drug court judge. A	35052
judge may refer a case meeting the criteria described in divisions	35053
(B)(3)(a) and (b) of this section that involves a violation of a	35054
condition of a community control sanction to the drug court judge,	35055
and, if the drug court judge accepts the referral, the referring	35056
judge and the drug court judge have concurrent jurisdiction over	35057
the case.	35058

A judge of the general division of the court of common pleas	35059
of Hamilton county and a judge of the Hamilton county municipal	35060
court may refer a case to the drug court judge under division	35061
(B)(3) of this section if the judge determines that both of the	35062
following apply:	35063

(a) One of the following applies:

35064

(i) The case involves a drug abuse offense, as defined in	35065
section 2925.01 of the Revised Code, that is a felony of the third	35066
or fourth degree if the offense is committed prior to July 1,	35067
1996, a felony of the third, fourth, or fifth degree if the	35068
offense is committed on or after July 1, 1996, or a misdemeanor.	35069

(ii) The case involves a theft offense, as defined in section	35070
2913.01 of the Revised Code, that is a felony of the third or	35071
fourth degree if the offense is committed prior to July 1, 1996, a	35072
felony of the third, fourth, or fifth degree if the offense is	35073
committed on or after July 1, 1996, or a misdemeanor, and the	35074
defendant is drug or alcohol dependent or in danger of becoming	35075
drug or alcohol dependent and would benefit from treatment.	35076

(b) All of the following apply:

35077

(i) The case involves an offense for which a community	35078
control sanction may be imposed or is a case in which a mandatory	35079
prison term or a mandatory jail term is not required to be	35080
imposed.	35081

(ii) The defendant has no history of violent behavior.

35082

(iii) The defendant has no history of mental illness.

35083

(iv) The defendant's current or past behavior, or both, is	35084
drug or alcohol driven.	35085

(v) The defendant demonstrates a sincere willingness to	35086
participate in a fifteen-month treatment process.	35087

(vi) The defendant has no acute health condition.

35088

(vii) If the defendant is incarcerated, the county prosecutor	35089
approves of the referral.	35090

(4) If the administrative judge of the court of common pleas	35091
of Hamilton county determines that the volume of cases pending	35092
before the drug court judge does not constitute a sufficient	35093
caseload for the drug court judge, the administrative judge, in	35094
accordance with the Rules of Superintendence for Courts of Common	35095
Pleas, shall assign individual cases to the drug court judge from	35096
the general docket of the court. If the assignments so occur, the	35097
administrative judge shall cease the assignments when the	35098
administrative judge determines that the volume of cases pending	35099
before the drug court judge constitutes a sufficient caseload for	35100
the drug court judge.	35101

(5) As used in division (B) of this section, "community	35102
control sanction," "mandatory prison term," and "mandatory jail	35103
term" have the same meanings as in section 2929.01 of the Revised	35104
Code.	35105

(C)(1) In Lorain county:

35106

(a) The judges of the court of common pleas whose terms begin	35107
on January 3, 1959, January 4, 1989, and January 2, 1999, and	35108
successors, and the judge of the court of common pleas whose term	35109
begins on February 9, 2009, shall have the same qualifications,	35110
exercise the same powers and jurisdiction, and receive the same	35111
compensation as the other judges of the court of common pleas of	35112
Lorain county and shall be elected and designated as the judges of	35113
the court of common pleas, division of domestic relations. The	35114
judges of the court of common pleas whose terms begin on January	35115
3, 1959, January 4, 1989, and January 2, 1999, and successors,	35116
shall have all of the powers relating to juvenile courts, and all	35117
cases under Chapters 2151. and 2152. of the Revised Code, all	35118
parentage proceedings over which the juvenile court has	35119
jurisdiction, and all divorce, dissolution of marriage, legal	35120
separation, and annulment cases shall be assigned to them, except	35121
cases that for some special reason are assigned to some other	35122
judge of the court of common pleas. From February 9, 2009, through	35123
September 28, 2009, the judge of the court of common pleas whose	35124
term begins on February 9, 2009, shall have all the powers	35125
relating to juvenile courts, and cases under Chapters 2151. and	35126
2152. of the Revised Code, parentage proceedings over which the	35127
juvenile court has jurisdiction, and divorce, dissolution of	35128
marriage, legal separation, and annulment cases shall be assigned	35129
to that judge, except cases that for some special reason are	35130
assigned to some other judge of the court of common pleas.	35131

(b) From January 1, 2006, through September 28, 2009, the	35132
judges of the court of common pleas, division of domestic	35133
relations, in addition to the powers and jurisdiction set forth in	35134
division (C)(1)(a) of this section, shall have jurisdiction over	35135
matters that are within the jurisdiction of the probate court	35136
under Chapter 2101. and other provisions of the Revised Code.	35137

(c) The judge of the court of common pleas, division of	35138
domestic relations, whose term begins on February 9, 2009, is the	35139
successor to the probate judge who was elected in 2002 for a term	35140
that began on February 9, 2003. After September 28, 2009, the	35141
judge of the court of common pleas, division of domestic	35142
relations, whose term begins on February 9, 2009, shall be the	35143
probate judge.	35144

(2)(a) From February 9, 2009, through September 28, 2009,	35145
with respect to Lorain county, all references in law to the	35146
probate court shall be construed as references to the court of	35147
common pleas, division of domestic relations, and all references	35148
to the probate judge shall be construed as references to the	35149
judges of the court of common pleas, division of domestic	35150
relations.	35151

(b) From February 9, 2009, through September 28, 2009, with	35152
respect to Lorain county, all references in law to the clerk of	35153
the probate court shall be construed as references to the judge	35154
who is serving pursuant to Rule 4 of the Rules of Superintendence	35155
for the Courts of Ohio as the administrative judge of the court of	35156
common pleas, division of domestic relations.	35157

(D) In Lucas county:

35158

(1) The judges of the court of common pleas whose terms begin	35159
on January 1, 1955, and January 3, 1965, and successors, shall	35160
have the same qualifications, exercise the same powers and	35161
jurisdiction, and receive the same compensation as other judges of	35162
the court of common pleas of Lucas county and shall be elected and	35163
designated as judges of the court of common pleas, division of	35164
domestic relations. All divorce, dissolution of marriage, legal	35165
separation, and annulment cases shall be assigned to them.	35166

The judge of the division of domestic relations, senior in	35167
point of service, shall be considered as the presiding judge of	35168
the court of common pleas, division of domestic relations, and	35169
shall be charged exclusively with the assignment and division of	35170
the work of the division and the employment and supervision of all	35171
other personnel of the domestic relations division.	35172

(2) The judges of the court of common pleas whose terms begin	35173
on January 5, 1977, and January 2, 1991, and successors shall have	35174
the same qualifications, exercise the same powers and	35175
jurisdiction, and receive the same compensation as other judges of	35176
the court of common pleas of Lucas county, shall be elected and	35177
designated as judges of the court of common pleas, juvenile	35178
division, and shall be the juvenile judges as provided in Chapters	35179
2151. and 2152. of the Revised Code with the powers and	35180
jurisdictions conferred by those chapters. In addition to the	35181
judge's regular duties, the judge of the court of common pleas,	35182
juvenile division, senior in point of service, shall be the	35183
administrator of the juvenile division and its subdivisions and	35184
departments and shall have charge of the employment, assignment,	35185
and supervision of the personnel of the division engaged in	35186
handling, servicing, or investigating juvenile cases, including	35187
any referees considered necessary by the judges of the division in	35188
the discharge of their various duties.	35189

The judge of the court of common pleas, juvenile division,	35190
senior in point of service, also shall designate the title,	35191
compensation, expense allowance, hours, leaves of absence, and	35192
vacation of the personnel of the division and shall fix the duties	35193
of the personnel of the division. The duties of the personnel, in	35194
addition to other statutory duties include the handling,	35195
servicing, and investigation of juvenile cases and counseling and	35196
conciliation services that may be made available to persons	35197
requesting them, whether or not the persons are parties to an	35198
action pending in the division.	35199

(3) If one of the judges of the court of common pleas,	35200
division of domestic relations, or one of the judges of the	35201
juvenile division is sick, absent, or unable to perform that	35202
judge's judicial duties or the volume of cases pending in that	35203
judge's division necessitates it, the duties shall be performed by	35204
the judges of the other of those divisions.	35205

(E) In Mahoning county:

35206

(1) The judge of the court of common pleas whose term began	35207
on January 1, 1955, and successors, shall have the same	35208
qualifications, exercise the same powers and jurisdiction, and	35209
receive the same compensation as other judges of the court of	35210
common pleas of Mahoning county, shall be elected and designated	35211
as judge of the court of common pleas, division of domestic	35212
relations, and shall be assigned all the divorce, dissolution of	35213
marriage, legal separation, and annulment cases coming before the	35214
court. In addition to the judge's regular duties, the judge of the	35215
court of common pleas, division of domestic relations, shall be	35216
the administrator of the domestic relations division and its	35217
subdivisions and departments and shall have charge of the	35218
employment, assignment, and supervision of the personnel of the	35219
division engaged in handling, servicing, or investigating divorce,	35220
dissolution of marriage, legal separation, and annulment cases,	35221
including any referees considered necessary in the discharge of	35222
the various duties of the judge's office.	35223

The judge also shall designate the title, compensation,	35224
expense allowances, hours, leaves of absence, and vacations of the	35225
personnel of the division and shall fix the duties of the	35226
personnel of the division. The duties of the personnel, in	35227
addition to other statutory duties, include the handling,	35228
servicing, and investigation of divorce, dissolution of marriage,	35229
legal separation, and annulment cases and counseling and	35230
conciliation services that may be made available to persons	35231
requesting them, whether or not the persons are parties to an	35232
action pending in the division.	35233

(2) The judge of the court of common pleas whose term began	35234
on January 2, 1969, and successors, shall have the same	35235
qualifications, exercise the same powers and jurisdiction, and	35236
receive the same compensation as other judges of the court of	35237
common pleas of Mahoning county, shall be elected and designated	35238
as judge of the court of common pleas, juvenile division, and	35239
shall be the juvenile judge as provided in Chapters 2151. and	35240
2152. of the Revised Code, with the powers and jurisdictions	35241
conferred by those chapters. In addition to the judge's regular	35242
duties, the judge of the court of common pleas, juvenile division,	35243
shall be the administrator of the juvenile division and its	35244
subdivisions and departments and shall have charge of the	35245
employment, assignment, and supervision of the personnel of the	35246
division engaged in handling, servicing, or investigating juvenile	35247
cases, including any referees considered necessary by the judge in	35248
the discharge of the judge's various duties.	35249

The judge also shall designate the title, compensation,	35250
expense allowances, hours, leaves of absence, and vacation of the	35251
personnel of the division and shall fix the duties of the	35252
personnel of the division. The duties of the personnel, in	35253
addition to other statutory duties, include the handling,	35254
servicing, and investigation of juvenile cases and counseling and	35255
conciliation services that may be made available to persons	35256
requesting them, whether or not the persons are parties to an	35257
action pending in the division.	35258

(3) If a judge of the court of common pleas, division of	35259
domestic relations or juvenile division, is sick, absent, or	35260
unable to perform that judge's judicial duties, or the volume of	35261
cases pending in that judge's division necessitates it, that	35262
judge's duties shall be performed by another judge of the court of	35263
common pleas.	35264

(F) In Montgomery county:

35265

(1) The judges of the court of common pleas whose terms begin	35266
on January 2, 1953, and January 4, 1977, and successors, shall	35267
have the same qualifications, exercise the same powers and	35268
jurisdiction, and receive the same compensation as other judges of	35269
the court of common pleas of Montgomery county and shall be	35270
elected and designated as judges of the court of common pleas,	35271
division of domestic relations. These judges shall have assigned	35272
to them all divorce, dissolution of marriage, legal separation,	35273
and annulment cases.	35274

The judge of the division of domestic relations, senior in	35275
point of service, shall be charged exclusively with the assignment	35276
and division of the work of the division and shall have charge of	35277
the employment and supervision of the personnel of the division	35278
engaged in handling, servicing, or investigating divorce,	35279
dissolution of marriage, legal separation, and annulment cases,	35280
including any necessary referees, except those employees who may	35281
be appointed by the judge, junior in point of service, under this	35282
section and sections 2301.12,and 2301.18~~, and 2301.19~~ of the	35283
Revised Code. The judge of the division of domestic relations,	35284
senior in point of service, also shall designate the title,	35285
compensation, expense allowances, hours, leaves of absence, and	35286
vacation of the personnel of the division and shall fix their	35287
duties.	35288

(2) The judges of the court of common pleas whose terms begin	35289
on January 1, 1953, and January 1, 1993, and successors, shall	35290
have the same qualifications, exercise the same powers and	35291
jurisdiction, and receive the same compensation as other judges of	35292
the court of common pleas of Montgomery county, shall be elected	35293
and designated as judges of the court of common pleas, juvenile	35294
division, and shall be, and have the powers and jurisdiction of,	35295
the juvenile judge as provided in Chapters 2151. and 2152. of the	35296
Revised Code.	35297

In addition to the judge's regular duties, the judge of the	35298
court of common pleas, juvenile division, senior in point of	35299
service, shall be the administrator of the juvenile division and	35300
its subdivisions and departments and shall have charge of the	35301
employment, assignment, and supervision of the personnel of the	35302
juvenile division, including any necessary referees, who are	35303
engaged in handling, servicing, or investigating juvenile cases.	35304
The judge, senior in point of service, also shall designate the	35305
title, compensation, expense allowances, hours, leaves of absence,	35306
and vacation of the personnel of the division and shall fix their	35307
duties. The duties of the personnel, in addition to other	35308
statutory duties, shall include the handling, servicing, and	35309
investigation of juvenile cases and of any counseling and	35310
conciliation services that are available upon request to persons,	35311
whether or not they are parties to an action pending in the	35312
division.	35313

If one of the judges of the court of common pleas, division	35314
of domestic relations, or one of the judges of the court of common	35315
pleas, juvenile division, is sick, absent, or unable to perform	35316
that judge's duties or the volume of cases pending in that judge's	35317
division necessitates it, the duties of that judge may be	35318
performed by the judge or judges of the other of those divisions.	35319

(G) In Richland county:

35320

(1) The judge of the court of common pleas whose term begins	35321
on January 1, 1957, and successors, shall have the same	35322
qualifications, exercise the same powers and jurisdiction, and	35323
receive the same compensation as the other judges of the court of	35324
common pleas of Richland county and shall be elected and	35325
designated as judge of the court of common pleas, division of	35326
domestic relations. That judge shall be assigned and hear all	35327
divorce, dissolution of marriage, legal separation, and annulment	35328
cases, all domestic violence cases arising under section 3113.31	35329
of the Revised Code, and all post-decree proceedings arising from	35330
any case pertaining to any of those matters. The division of	35331
domestic relations has concurrent jurisdiction with the juvenile	35332
division of the court of common pleas of Richland county to	35333
determine the care, custody, or control of any child not a ward of	35334
another court of this state, and to hear and determine a request	35335
for an order for the support of any child if the request is not	35336
ancillary to an action for divorce, dissolution of marriage,	35337
annulment, or legal separation, a criminal or civil action	35338
involving an allegation of domestic violence, or an action for	35339
support brought under Chapter 3115. of the Revised Code. Except in	35340
cases that are subject to the exclusive original jurisdiction of	35341
the juvenile court, the judge of the division of domestic	35342
relations shall be assigned and hear all cases pertaining to	35343
paternity or parentage, the care, custody, or control of children,	35344
parenting time or visitation, child support, or the allocation of	35345
parental rights and responsibilities for the care of children, all	35346
proceedings arising under Chapter 3111. of the Revised Code, all	35347
proceedings arising under the uniform interstate family support	35348
act contained in Chapter 3115. of the Revised Code, and all	35349
post-decree proceedings arising from any case pertaining to any of	35350
those matters.	35351

In addition to the judge's regular duties, the judge of the	35352
court of common pleas, division of domestic relations, shall be	35353
the administrator of the domestic relations division and its	35354
subdivisions and departments. The judge shall have charge of the	35355
employment, assignment, and supervision of the personnel of the	35356
domestic relations division, including any magistrates the judge	35357
considers necessary for the discharge of the judge's duties. The	35358
judge shall also designate the title, compensation, expense	35359
allowances, hours, leaves of absence, vacation, and other	35360
employment-related matters of the personnel of the division and	35361
shall fix their duties.	35362

(2) The judge of the court of common pleas whose term begins	35363
on January 3, 2005, and successors, shall have the same	35364
qualifications, exercise the same powers and jurisdiction, and	35365
receive the same compensation as other judges of the court of	35366
common pleas of Richland county, shall be elected and designated	35367
as judge of the court of common pleas, juvenile division, and	35368
shall be, and have the powers and jurisdiction of, the juvenile	35369
judge as provided in Chapters 2151. and 2152. of the Revised Code.	35370
Except in cases that are subject to the exclusive original	35371
jurisdiction of the juvenile court, the judge of the juvenile	35372
division shall not have jurisdiction or the power to hear, and	35373
shall not be assigned, any case pertaining to paternity or	35374
parentage, the care, custody, or control of children, parenting	35375
time or visitation, child support, or the allocation of parental	35376
rights and responsibilities for the care of children or any	35377
post-decree proceeding arising from any case pertaining to any of	35378
those matters. The judge of the juvenile division shall not have	35379
jurisdiction or the power to hear, and shall not be assigned, any	35380
proceeding under the uniform interstate family support act	35381
contained in Chapter 3115. of the Revised Code.	35382

In addition to the judge's regular duties, the judge of the	35383
juvenile division shall be the administrator of the juvenile	35384
division and its subdivisions and departments. The judge shall	35385
have charge of the employment, assignment, and supervision of the	35386
personnel of the juvenile division who are engaged in handling,	35387
servicing, or investigating juvenile cases, including any	35388
magistrates whom the judge considers necessary for the discharge	35389
of the judge's various duties.	35390

The judge of the juvenile division also shall designate the	35391
title, compensation, expense allowances, hours, leaves of absence,	35392
and vacation of the personnel of the division and shall fix their	35393
duties. The duties of the personnel, in addition to other	35394
statutory duties, include the handling, servicing, and	35395
investigation of juvenile cases and providing any counseling,	35396
conciliation, and mediation services that the court makes	35397
available to persons, whether or not the persons are parties to an	35398
action pending in the court, who request the services.	35399

(H) In Stark county, the judges of the court of common pleas	35400
whose terms begin on January 1, 1953, January 2, 1959, and January	35401
1, 1993, and successors, shall have the same qualifications,	35402
exercise the same powers and jurisdiction, and receive the same	35403
compensation as other judges of the court of common pleas of Stark	35404
county and shall be elected and designated as judges of the court	35405
of common pleas, division of domestic relations. They shall have	35406
all the powers relating to juvenile courts, and all cases under	35407
Chapters 2151. and 2152. of the Revised Code, all parentage	35408
proceedings over which the juvenile court has jurisdiction, and	35409
all divorce, dissolution of marriage, legal separation, and	35410
annulment cases, except cases that are assigned to some other	35411
judge of the court of common pleas for some special reason, shall	35412
be assigned to the judges.	35413

The judge of the division of domestic relations, second most	35414
senior in point of service, shall have charge of the employment	35415
and supervision of the personnel of the division engaged in	35416
handling, servicing, or investigating divorce, dissolution of	35417
marriage, legal separation, and annulment cases, and necessary	35418
referees required for the judge's respective court.	35419

The judge of the division of domestic relations, senior in	35420
point of service, shall be charged exclusively with the	35421
administration of sections 2151.13, 2151.16, 2151.17, and 2152.71	35422
of the Revised Code and with the assignment and division of the	35423
work of the division and the employment and supervision of all	35424
other personnel of the division, including, but not limited to,	35425
that judge's necessary referees, but excepting those employees who	35426
may be appointed by the judge second most senior in point of	35427
service. The senior judge further shall serve in every other	35428
position in which the statutes permit or require a juvenile judge	35429
to serve.	35430

(I) In Summit county:

35431

(1) The judges of the court of common pleas whose terms begin	35432
on January 4, 1967, and January 6, 1993, and successors, shall	35433
have the same qualifications, exercise the same powers and	35434
jurisdiction, and receive the same compensation as other judges of	35435
the court of common pleas of Summit county and shall be elected	35436
and designated as judges of the court of common pleas, division of	35437
domestic relations. The judges of the division of domestic	35438
relations shall have assigned to them and hear all divorce,	35439
dissolution of marriage, legal separation, and annulment cases	35440
that come before the court. Except in cases that are subject to	35441
the exclusive original jurisdiction of the juvenile court, the	35442
judges of the division of domestic relations shall have assigned	35443
to them and hear all cases pertaining to paternity, custody,	35444
visitation, child support, or the allocation of parental rights	35445
and responsibilities for the care of children and all post-decree	35446
proceedings arising from any case pertaining to any of those	35447
matters. The judges of the division of domestic relations shall	35448
have assigned to them and hear all proceedings under the uniform	35449
interstate family support act contained in Chapter 3115. of the	35450
Revised Code.	35451

The judge of the division of domestic relations, senior in	35452
point of service, shall be the administrator of the domestic	35453
relations division and its subdivisions and departments and shall	35454
have charge of the employment, assignment, and supervision of the	35455
personnel of the division, including any necessary referees, who	35456
are engaged in handling, servicing, or investigating divorce,	35457
dissolution of marriage, legal separation, and annulment cases.	35458
That judge also shall designate the title, compensation, expense	35459
allowances, hours, leaves of absence, and vacations of the	35460
personnel of the division and shall fix their duties. The duties	35461
of the personnel, in addition to other statutory duties, shall	35462
include the handling, servicing, and investigation of divorce,	35463
dissolution of marriage, legal separation, and annulment cases and	35464
of any counseling and conciliation services that are available	35465
upon request to all persons, whether or not they are parties to an	35466
action pending in the division.	35467

(2) The judge of the court of common pleas whose term begins	35468
on January 1, 1955, and successors, shall have the same	35469
qualifications, exercise the same powers and jurisdiction, and	35470
receive the same compensation as other judges of the court of	35471
common pleas of Summit county, shall be elected and designated as	35472
judge of the court of common pleas, juvenile division, and shall	35473
be, and have the powers and jurisdiction of, the juvenile judge as	35474
provided in Chapters 2151. and 2152. of the Revised Code. Except	35475
in cases that are subject to the exclusive original jurisdiction	35476
of the juvenile court, the judge of the juvenile division shall	35477
not have jurisdiction or the power to hear, and shall not be	35478
assigned, any case pertaining to paternity, custody, visitation,	35479
child support, or the allocation of parental rights and	35480
responsibilities for the care of children or any post-decree	35481
proceeding arising from any case pertaining to any of those	35482
matters. The judge of the juvenile division shall not have	35483
jurisdiction or the power to hear, and shall not be assigned, any	35484
proceeding under the uniform interstate family support act	35485
contained in Chapter 3115. of the Revised Code.	35486

The juvenile judge shall be the administrator of the juvenile	35487
division and its subdivisions and departments and shall have	35488
charge of the employment, assignment, and supervision of the	35489
personnel of the juvenile division, including any necessary	35490
referees, who are engaged in handling, servicing, or investigating	35491
juvenile cases. The judge also shall designate the title,	35492
compensation, expense allowances, hours, leaves of absence, and	35493
vacation of the personnel of the division and shall fix their	35494
duties. The duties of the personnel, in addition to other	35495
statutory duties, shall include the handling, servicing, and	35496
investigation of juvenile cases and of any counseling and	35497
conciliation services that are available upon request to persons,	35498
whether or not they are parties to an action pending in the	35499
division.	35500

(J) In Trumbull county, the judges of the court of common	35501
pleas whose terms begin on January 1, 1953, and January 2, 1977,	35502
and successors, shall have the same qualifications, exercise the	35503
same powers and jurisdiction, and receive the same compensation as	35504
other judges of the court of common pleas of Trumbull county and	35505
shall be elected and designated as judges of the court of common	35506
pleas, division of domestic relations. They shall have all the	35507
powers relating to juvenile courts, and all cases under Chapters	35508
2151. and 2152. of the Revised Code, all parentage proceedings	35509
over which the juvenile court has jurisdiction, and all divorce,	35510
dissolution of marriage, legal separation, and annulment cases	35511
shall be assigned to them, except cases that for some special	35512
reason are assigned to some other judge of the court of common	35513
pleas.	35514

(K) In Butler county:

35515

(1) The judges of the court of common pleas whose terms begin	35516
on January 1, 1957, and January 4, 1993, and successors, shall	35517
have the same qualifications, exercise the same powers and	35518
jurisdiction, and receive the same compensation as other judges of	35519
the court of common pleas of Butler county and shall be elected	35520
and designated as judges of the court of common pleas, division of	35521
domestic relations. The judges of the division of domestic	35522
relations shall have assigned to them all divorce, dissolution of	35523
marriage, legal separation, and annulment cases coming before the	35524
court, except in cases that for some special reason are assigned	35525
to some other judge of the court of common pleas. The judges of	35526
the division of domestic relations also have concurrent	35527
jurisdiction with judges of the juvenile division of the court of	35528
common pleas of Butler county with respect to and may hear cases	35529
to determine the custody, support, or custody and support of a	35530
child who is born of issue of a marriage and who is not the ward	35531
of another court of this state, cases commenced by a party of the	35532
marriage to obtain an order requiring support of any child when	35533
the request for that order is not ancillary to an action for	35534
divorce, dissolution of marriage, annulment, or legal separation,	35535
a criminal or civil action involving an allegation of domestic	35536
violence, an action for support under Chapter 3115. of the Revised	35537
Code, or an action that is within the exclusive original	35538
jurisdiction of the juvenile division of the court of common pleas	35539
of Butler county and that involves an allegation that the child is	35540
an abused, neglected, or dependent child, and post-decree	35541
proceedings and matters arising from those types of cases. The	35542
judge senior in point of service shall be charged with the	35543
assignment and division of the work of the division and with the	35544
employment and supervision of all other personnel of the domestic	35545
relations division.	35546

The judge senior in point of service also shall designate the	35547
title, compensation, expense allowances, hours, leaves of absence,	35548
and vacations of the personnel of the division and shall fix their	35549
duties. The duties of the personnel, in addition to other	35550
statutory duties, shall include the handling, servicing, and	35551
investigation of divorce, dissolution of marriage, legal	35552
separation, and annulment cases and providing any counseling and	35553
conciliation services that the division makes available to	35554
persons, whether or not the persons are parties to an action	35555
pending in the division, who request the services.	35556

(2) The judges of the court of common pleas whose terms begin	35557
on January 3, 1987, and January 2, 2003, and successors, shall	35558
have the same qualifications, exercise the same powers and	35559
jurisdiction, and receive the same compensation as other judges of	35560
the court of common pleas of Butler county, shall be elected and	35561
designated as judges of the court of common pleas, juvenile	35562
division, and shall be the juvenile judges as provided in Chapters	35563
2151. and 2152. of the Revised Code, with the powers and	35564
jurisdictions conferred by those chapters. Except in cases that	35565
are subject to the exclusive original jurisdiction of the juvenile	35566
court, the judges of the juvenile division shall not have	35567
jurisdiction or the power to hear and shall not be assigned, but	35568
shall have the limited ability and authority to certify, any case	35569
commenced by a party of a marriage to determine the custody,	35570
support, or custody and support of a child who is born of issue of	35571
the marriage and who is not the ward of another court of this	35572
state when the request for the order in the case is not ancillary	35573
to an action for divorce, dissolution of marriage, annulment, or	35574
legal separation. The judge of the court of common pleas, juvenile	35575
division, who is senior in point of service, shall be the	35576
administrator of the juvenile division and its subdivisions and	35577
departments. The judge, senior in point of service, shall have	35578
charge of the employment, assignment, and supervision of the	35579
personnel of the juvenile division who are engaged in handling,	35580
servicing, or investigating juvenile cases, including any referees	35581
whom the judge considers necessary for the discharge of the	35582
judge's various duties.	35583

The judge, senior in point of service, also shall designate	35584
the title, compensation, expense allowances, hours, leaves of	35585
absence, and vacation of the personnel of the division and shall	35586
fix their duties. The duties of the personnel, in addition to	35587
other statutory duties, include the handling, servicing, and	35588
investigation of juvenile cases and providing any counseling and	35589
conciliation services that the division makes available to	35590
persons, whether or not the persons are parties to an action	35591
pending in the division, who request the services.	35592

(3) If a judge of the court of common pleas, division of	35593
domestic relations or juvenile division, is sick, absent, or	35594
unable to perform that judge's judicial duties or the volume of	35595
cases pending in the judge's division necessitates it, the duties	35596
of that judge shall be performed by the other judges of the	35597
domestic relations and juvenile divisions.	35598

(L)(1) In Cuyahoga county, the judges of the court of common	35599
pleas whose terms begin on January 8, 1961, January 9, 1961,	35600
January 18, 1975, January 19, 1975, and January 13, 1987, and	35601
successors, shall have the same qualifications, exercise the same	35602
powers and jurisdiction, and receive the same compensation as	35603
other judges of the court of common pleas of Cuyahoga county and	35604
shall be elected and designated as judges of the court of common	35605
pleas, division of domestic relations. They shall have all the	35606
powers relating to all divorce, dissolution of marriage, legal	35607
separation, and annulment cases, except in cases that are assigned	35608
to some other judge of the court of common pleas for some special	35609
reason.	35610

(2) The administrative judge is administrator of the domestic	35611
relations division and its subdivisions and departments and has	35612
the following powers concerning division personnel:	35613

(a) Full charge of the employment, assignment, and	35614
supervision;	35615

(b) Sole determination of compensation, duties, expenses,	35616
allowances, hours, leaves, and vacations.	35617

(3) "Division personnel" include persons employed or referees	35618
engaged in hearing, servicing, investigating, counseling, or	35619
conciliating divorce, dissolution of marriage, legal separation	35620
and annulment matters.	35621

(M) In Lake county:

35622

(1) The judge of the court of common pleas whose term begins	35623
on January 2, 1961, and successors, shall have the same	35624
qualifications, exercise the same powers and jurisdiction, and	35625
receive the same compensation as the other judges of the court of	35626
common pleas of Lake county and shall be elected and designated as	35627
judge of the court of common pleas, division of domestic	35628
relations. The judge shall be assigned all the divorce,	35629
dissolution of marriage, legal separation, and annulment cases	35630
coming before the court, except in cases that for some special	35631
reason are assigned to some other judge of the court of common	35632
pleas. The judge shall be charged with the assignment and division	35633
of the work of the division and with the employment and	35634
supervision of all other personnel of the domestic relations	35635
division.	35636

The judge also shall designate the title, compensation,	35637
expense allowances, hours, leaves of absence, and vacations of the	35638
personnel of the division and shall fix their duties. The duties	35639
of the personnel, in addition to other statutory duties, shall	35640
include the handling, servicing, and investigation of divorce,	35641
dissolution of marriage, legal separation, and annulment cases and	35642
providing any counseling and conciliation services that the	35643
division makes available to persons, whether or not the persons	35644
are parties to an action pending in the division, who request the	35645
services.	35646

(2) The judge of the court of common pleas whose term begins	35647
on January 4, 1979, and successors, shall have the same	35648
qualifications, exercise the same powers and jurisdiction, and	35649
receive the same compensation as other judges of the court of	35650
common pleas of Lake county, shall be elected and designated as	35651
judge of the court of common pleas, juvenile division, and shall	35652
be the juvenile judge as provided in Chapters 2151. and 2152. of	35653
the Revised Code, with the powers and jurisdictions conferred by	35654
those chapters. The judge of the court of common pleas, juvenile	35655
division, shall be the administrator of the juvenile division and	35656
its subdivisions and departments. The judge shall have charge of	35657
the employment, assignment, and supervision of the personnel of	35658
the juvenile division who are engaged in handling, servicing, or	35659
investigating juvenile cases, including any referees whom the	35660
judge considers necessary for the discharge of the judge's various	35661
duties.	35662

The judge also shall designate the title, compensation,	35663
expense allowances, hours, leaves of absence, and vacation of the	35664
personnel of the division and shall fix their duties. The duties	35665
of the personnel, in addition to other statutory duties, include	35666
the handling, servicing, and investigation of juvenile cases and	35667
providing any counseling and conciliation services that the	35668
division makes available to persons, whether or not the persons	35669
are parties to an action pending in the division, who request the	35670
services.	35671

(3) If a judge of the court of common pleas, division of	35672
domestic relations or juvenile division, is sick, absent, or	35673
unable to perform that judge's judicial duties or the volume of	35674
cases pending in the judge's division necessitates it, the duties	35675
of that judge shall be performed by the other judges of the	35676
domestic relations and juvenile divisions.	35677

(N) In Erie county:

35678

(1) The judge of the court of common pleas whose term begins	35679
on January 2, 1971, and the successors to that judge whose terms	35680
begin before January 2, 2007, shall have the same qualifications,	35681
exercise the same powers and jurisdiction, and receive the same	35682
compensation as the other judge of the court of common pleas of	35683
Erie county and shall be elected and designated as judge of the	35684
court of common pleas, division of domestic relations. The judge	35685
shall have all the powers relating to juvenile courts, and shall	35686
be assigned all cases under Chapters 2151. and 2152. of the	35687
Revised Code, parentage proceedings over which the juvenile court	35688
has jurisdiction, and divorce, dissolution of marriage, legal	35689
separation, and annulment cases, except cases that for some	35690
special reason are assigned to some other judge.	35691

On or after January 2, 2007, the judge of the court of common	35692
pleas who is elected in 2006 shall be the successor to the judge	35693
of the domestic relations division whose term expires on January	35694
1, 2007, shall be designated as judge of the court of common	35695
pleas, juvenile division, and shall be the juvenile judge as	35696
provided in Chapters 2151. and 2152. of the Revised Code with the	35697
powers and jurisdictions conferred by those chapters.	35698

(2) The judge of the court of common pleas, general division,	35699
whose term begins on January 1, 2005, and successors, the judge of	35700
the court of common pleas, general division whose term begins on	35701
January 2, 2005, and successors, and the judge of the court of	35702
common pleas, general division, whose term begins February 9,	35703
2009, and successors, shall have assigned to them, in addition to	35704
all matters that are within the jurisdiction of the general	35705
division of the court of common pleas, all divorce, dissolution of	35706
marriage, legal separation, and annulment cases coming before the	35707
court, and all matters that are within the jurisdiction of the	35708
probate court under Chapter 2101., and other provisions, of the	35709
Revised Code.	35710

(O) In Greene county:

35711

(1) The judge of the court of common pleas whose term begins	35712
on January 1, 1961, and successors, shall have the same	35713
qualifications, exercise the same powers and jurisdiction, and	35714
receive the same compensation as the other judges of the court of	35715
common pleas of Greene county and shall be elected and designated	35716
as the judge of the court of common pleas, division of domestic	35717
relations. The judge shall be assigned all divorce, dissolution of	35718
marriage, legal separation, annulment, uniform reciprocal support	35719
enforcement, and domestic violence cases and all other cases	35720
related to domestic relations, except cases that for some special	35721
reason are assigned to some other judge of the court of common	35722
pleas.	35723

The judge shall be charged with the assignment and division	35724
of the work of the division and with the employment and	35725
supervision of all other personnel of the division. The judge also	35726
shall designate the title, compensation, hours, leaves of absence,	35727
and vacations of the personnel of the division and shall fix their	35728
duties. The duties of the personnel of the division, in addition	35729
to other statutory duties, shall include the handling, servicing,	35730
and investigation of divorce, dissolution of marriage, legal	35731
separation, and annulment cases and the provision of counseling	35732
and conciliation services that the division considers necessary	35733
and makes available to persons who request the services, whether	35734
or not the persons are parties in an action pending in the	35735
division. The compensation for the personnel shall be paid from	35736
the overall court budget and shall be included in the	35737
appropriations for the existing judges of the general division of	35738
the court of common pleas.	35739

(2) The judge of the court of common pleas whose term begins	35740
on January 1, 1995, and successors, shall have the same	35741
qualifications, exercise the same powers and jurisdiction, and	35742
receive the same compensation as the other judges of the court of	35743
common pleas of Greene county, shall be elected and designated as	35744
judge of the court of common pleas, juvenile division, and, on or	35745
after January 1, 1995, shall be the juvenile judge as provided in	35746
Chapters 2151. and 2152. of the Revised Code with the powers and	35747
jurisdiction conferred by those chapters. The judge of the court	35748
of common pleas, juvenile division, shall be the administrator of	35749
the juvenile division and its subdivisions and departments. The	35750
judge shall have charge of the employment, assignment, and	35751
supervision of the personnel of the juvenile division who are	35752
engaged in handling, servicing, or investigating juvenile cases,	35753
including any referees whom the judge considers necessary for the	35754
discharge of the judge's various duties.	35755

The judge also shall designate the title, compensation,	35756
expense allowances, hours, leaves of absence, and vacation of the	35757
personnel of the division and shall fix their duties. The duties	35758
of the personnel, in addition to other statutory duties, include	35759
the handling, servicing, and investigation of juvenile cases and	35760
providing any counseling and conciliation services that the court	35761
makes available to persons, whether or not the persons are parties	35762
to an action pending in the court, who request the services.	35763

(3) If one of the judges of the court of common pleas,	35764
general division, is sick, absent, or unable to perform that	35765
judge's judicial duties or the volume of cases pending in the	35766
general division necessitates it, the duties of that judge of the	35767
general division shall be performed by the judge of the division	35768
of domestic relations and the judge of the juvenile division.	35769

(P) In Portage county, the judge of the court of common	35770
pleas, whose term begins January 2, 1987, and successors, shall	35771
have the same qualifications, exercise the same powers and	35772
jurisdiction, and receive the same compensation as the other	35773
judges of the court of common pleas of Portage county and shall be	35774
elected and designated as judge of the court of common pleas,	35775
division of domestic relations. The judge shall be assigned all	35776
divorce, dissolution of marriage, legal separation, and annulment	35777
cases coming before the court, except in cases that for some	35778
special reason are assigned to some other judge of the court of	35779
common pleas. The judge shall be charged with the assignment and	35780
division of the work of the division and with the employment and	35781
supervision of all other personnel of the domestic relations	35782
division.	35783

The judge also shall designate the title, compensation,	35784
expense allowances, hours, leaves of absence, and vacations of the	35785
personnel of the division and shall fix their duties. The duties	35786
of the personnel, in addition to other statutory duties, shall	35787
include the handling, servicing, and investigation of divorce,	35788
dissolution of marriage, legal separation, and annulment cases and	35789
providing any counseling and conciliation services that the	35790
division makes available to persons, whether or not the persons	35791
are parties to an action pending in the division, who request the	35792
services.	35793

(Q) In Clermont county, the judge of the court of common	35794
pleas, whose term begins January 2, 1987, and successors, shall	35795
have the same qualifications, exercise the same powers and	35796
jurisdiction, and receive the same compensation as the other	35797
judges of the court of common pleas of Clermont county and shall	35798
be elected and designated as judge of the court of common pleas,	35799
division of domestic relations. The judge shall be assigned all	35800
divorce, dissolution of marriage, legal separation, and annulment	35801
cases coming before the court, except in cases that for some	35802
special reason are assigned to some other judge of the court of	35803
common pleas. The judge shall be charged with the assignment and	35804
division of the work of the division and with the employment and	35805
supervision of all other personnel of the domestic relations	35806
division.	35807

The judge also shall designate the title, compensation,	35808
expense allowances, hours, leaves of absence, and vacations of the	35809
personnel of the division and shall fix their duties. The duties	35810
of the personnel, in addition to other statutory duties, shall	35811
include the handling, servicing, and investigation of divorce,	35812
dissolution of marriage, legal separation, and annulment cases and	35813
providing any counseling and conciliation services that the	35814
division makes available to persons, whether or not the persons	35815
are parties to an action pending in the division, who request the	35816
services.	35817

(R) In Warren county, the judge of the court of common pleas,	35818
whose term begins January 1, 1987, and successors, shall have the	35819
same qualifications, exercise the same powers and jurisdiction,	35820
and receive the same compensation as the other judges of the court	35821
of common pleas of Warren county and shall be elected and	35822
designated as judge of the court of common pleas, division of	35823
domestic relations. The judge shall be assigned all divorce,	35824
dissolution of marriage, legal separation, and annulment cases	35825
coming before the court, except in cases that for some special	35826
reason are assigned to some other judge of the court of common	35827
pleas. The judge shall be charged with the assignment and division	35828
of the work of the division and with the employment and	35829
supervision of all other personnel of the domestic relations	35830
division.	35831

The judge also shall designate the title, compensation,	35832
expense allowances, hours, leaves of absence, and vacations of the	35833
personnel of the division and shall fix their duties. The duties	35834
of the personnel, in addition to other statutory duties, shall	35835
include the handling, servicing, and investigation of divorce,	35836
dissolution of marriage, legal separation, and annulment cases and	35837
providing any counseling and conciliation services that the	35838
division makes available to persons, whether or not the persons	35839
are parties to an action pending in the division, who request the	35840
services.	35841

(S) In Licking county, the judges of the court of common	35842
pleas, whose terms begin on January 1, 1991, and January 1, 2005,	35843
and successors, shall have the same qualifications, exercise the	35844
same powers and jurisdiction, and receive the same compensation as	35845
the other judges of the court of common pleas of Licking county	35846
and shall be elected and designated as judges of the court of	35847
common pleas, division of domestic relations. The judges shall be	35848
assigned all divorce, dissolution of marriage, legal separation,	35849
and annulment cases, all cases arising under Chapter 3111. of the	35850
Revised Code, all proceedings involving child support, the	35851
allocation of parental rights and responsibilities for the care of	35852
children and the designation for the children of a place of	35853
residence and legal custodian, parenting time, and visitation, and	35854
all post-decree proceedings and matters arising from those cases	35855
and proceedings, except in cases that for some special reason are	35856
assigned to another judge of the court of common pleas. The	35857
administrative judge of the division of domestic relations shall	35858
be charged with the assignment and division of the work of the	35859
division and with the employment and supervision of the personnel	35860
of the division.	35861

The administrative judge of the division of domestic	35862
relations shall designate the title, compensation, expense	35863
allowances, hours, leaves of absence, and vacations of the	35864
personnel of the division and shall fix the duties of the	35865
personnel of the division. The duties of the personnel of the	35866
division, in addition to other statutory duties, shall include the	35867
handling, servicing, and investigation of divorce, dissolution of	35868
marriage, legal separation, and annulment cases, cases arising	35869
under Chapter 3111. of the Revised Code, and proceedings involving	35870
child support, the allocation of parental rights and	35871
responsibilities for the care of children and the designation for	35872
the children of a place of residence and legal custodian,	35873
parenting time, and visitation and providing any counseling and	35874
conciliation services that the division makes available to	35875
persons, whether or not the persons are parties to an action	35876
pending in the division, who request the services.	35877

(T) In Allen county, the judge of the court of common pleas,	35878
whose term begins January 1, 1993, and successors, shall have the	35879
same qualifications, exercise the same powers and jurisdiction,	35880
and receive the same compensation as the other judges of the court	35881
of common pleas of Allen county and shall be elected and	35882
designated as judge of the court of common pleas, division of	35883
domestic relations. The judge shall be assigned all divorce,	35884
dissolution of marriage, legal separation, and annulment cases,	35885
all cases arising under Chapter 3111. of the Revised Code, all	35886
proceedings involving child support, the allocation of parental	35887
rights and responsibilities for the care of children and the	35888
designation for the children of a place of residence and legal	35889
custodian, parenting time, and visitation, and all post-decree	35890
proceedings and matters arising from those cases and proceedings,	35891
except in cases that for some special reason are assigned to	35892
another judge of the court of common pleas. The judge shall be	35893
charged with the assignment and division of the work of the	35894
division and with the employment and supervision of the personnel	35895
of the division.	35896

The judge shall designate the title, compensation, expense	35897
allowances, hours, leaves of absence, and vacations of the	35898
personnel of the division and shall fix the duties of the	35899
personnel of the division. The duties of the personnel of the	35900
division, in addition to other statutory duties, shall include the	35901
handling, servicing, and investigation of divorce, dissolution of	35902
marriage, legal separation, and annulment cases, cases arising	35903
under Chapter 3111. of the Revised Code, and proceedings involving	35904
child support, the allocation of parental rights and	35905
responsibilities for the care of children and the designation for	35906
the children of a place of residence and legal custodian,	35907
parenting time, and visitation, and providing any counseling and	35908
conciliation services that the division makes available to	35909
persons, whether or not the persons are parties to an action	35910
pending in the division, who request the services.	35911

(U) In Medina county, the judge of the court of common pleas	35912
whose term begins January 1, 1995, and successors, shall have the	35913
same qualifications, exercise the same powers and jurisdiction,	35914
and receive the same compensation as other judges of the court of	35915
common pleas of Medina county and shall be elected and designated	35916
as judge of the court of common pleas, division of domestic	35917
relations. The judge shall be assigned all divorce, dissolution of	35918
marriage, legal separation, and annulment cases, all cases arising	35919
under Chapter 3111. of the Revised Code, all proceedings involving	35920
child support, the allocation of parental rights and	35921
responsibilities for the care of children and the designation for	35922
the children of a place of residence and legal custodian,	35923
parenting time, and visitation, and all post-decree proceedings	35924
and matters arising from those cases and proceedings, except in	35925
cases that for some special reason are assigned to another judge	35926
of the court of common pleas. The judge shall be charged with the	35927
assignment and division of the work of the division and with the	35928
employment and supervision of the personnel of the division.	35929

The judge shall designate the title, compensation, expense	35930
allowances, hours, leaves of absence, and vacations of the	35931
personnel of the division and shall fix the duties of the	35932
personnel of the division. The duties of the personnel, in	35933
addition to other statutory duties, include the handling,	35934
servicing, and investigation of divorce, dissolution of marriage,	35935
legal separation, and annulment cases, cases arising under Chapter	35936
3111. of the Revised Code, and proceedings involving child	35937
support, the allocation of parental rights and responsibilities	35938
for the care of children and the designation for the children of a	35939
place of residence and legal custodian, parenting time, and	35940
visitation, and providing counseling and conciliation services	35941
that the division makes available to persons, whether or not the	35942
persons are parties to an action pending in the division, who	35943
request the services.	35944

(V) In Fairfield county, the judge of the court of common	35945
pleas whose term begins January 2, 1995, and successors, shall	35946
have the same qualifications, exercise the same powers and	35947
jurisdiction, and receive the same compensation as the other	35948
judges of the court of common pleas of Fairfield county and shall	35949
be elected and designated as judge of the court of common pleas,	35950
division of domestic relations. The judge shall be assigned all	35951
divorce, dissolution of marriage, legal separation, and annulment	35952
cases, all cases arising under Chapter 3111. of the Revised Code,	35953
all proceedings involving child support, the allocation of	35954
parental rights and responsibilities for the care of children and	35955
the designation for the children of a place of residence and legal	35956
custodian, parenting time, and visitation, and all post-decree	35957
proceedings and matters arising from those cases and proceedings,	35958
except in cases that for some special reason are assigned to	35959
another judge of the court of common pleas. The judge also has	35960
concurrent jurisdiction with the probate-juvenile division of the	35961
court of common pleas of Fairfield county with respect to and may	35962
hear cases to determine the custody of a child, as defined in	35963
section 2151.011 of the Revised Code, who is not the ward of	35964
another court of this state, cases that are commenced by a parent,	35965
guardian, or custodian of a child, as defined in section 2151.011	35966
of the Revised Code, to obtain an order requiring a parent of the	35967
child to pay child support for that child when the request for	35968
that order is not ancillary to an action for divorce, dissolution	35969
of marriage, annulment, or legal separation, a criminal or civil	35970
action involving an allegation of domestic violence, an action for	35971
support under Chapter 3115. of the Revised Code, or an action that	35972
is within the exclusive original jurisdiction of the	35973
probate-juvenile division of the court of common pleas of	35974
Fairfield county and that involves an allegation that the child is	35975
an abused, neglected, or dependent child, and post-decree	35976
proceedings and matters arising from those types of cases.	35977

The judge of the domestic relations division shall be charged	35978
with the assignment and division of the work of the division and	35979
with the employment and supervision of the personnel of the	35980
division.	35981

The judge shall designate the title, compensation, expense	35982
allowances, hours, leaves of absence, and vacations of the	35983
personnel of the division and shall fix the duties of the	35984
personnel of the division. The duties of the personnel of the	35985
division, in addition to other statutory duties, shall include the	35986
handling, servicing, and investigation of divorce, dissolution of	35987
marriage, legal separation, and annulment cases, cases arising	35988
under Chapter 3111. of the Revised Code, and proceedings involving	35989
child support, the allocation of parental rights and	35990
responsibilities for the care of children and the designation for	35991
the children of a place of residence and legal custodian,	35992
parenting time, and visitation, and providing any counseling and	35993
conciliation services that the division makes available to	35994
persons, regardless of whether the persons are parties to an	35995
action pending in the division, who request the services. When the	35996
judge hears a case to determine the custody of a child, as defined	35997
in section 2151.011 of the Revised Code, who is not the ward of	35998
another court of this state or a case that is commenced by a	35999
parent, guardian, or custodian of a child, as defined in section	36000
2151.011 of the Revised Code, to obtain an order requiring a	36001
parent of the child to pay child support for that child when the	36002
request for that order is not ancillary to an action for divorce,	36003
dissolution of marriage, annulment, or legal separation, a	36004
criminal or civil action involving an allegation of domestic	36005
violence, an action for support under Chapter 3115. of the Revised	36006
Code, or an action that is within the exclusive original	36007
jurisdiction of the probate-juvenile division of the court of	36008
common pleas of Fairfield county and that involves an allegation	36009
that the child is an abused, neglected, or dependent child, the	36010
duties of the personnel of the domestic relations division also	36011
include the handling, servicing, and investigation of those types	36012
of cases.	36013

(W)(1) In Clark county, the judge of the court of common	36014
pleas whose term begins on January 2, 1995, and successors, shall	36015
have the same qualifications, exercise the same powers and	36016
jurisdiction, and receive the same compensation as other judges of	36017
the court of common pleas of Clark county and shall be elected and	36018
designated as judge of the court of common pleas, domestic	36019
relations division. The judge shall have all the powers relating	36020
to juvenile courts, and all cases under Chapters 2151. and 2152.	36021
of the Revised Code and all parentage proceedings under Chapter	36022
3111. of the Revised Code over which the juvenile court has	36023
jurisdiction shall be assigned to the judge of the division of	36024
domestic relations. All divorce, dissolution of marriage, legal	36025
separation, annulment, uniform reciprocal support enforcement, and	36026
other cases related to domestic relations shall be assigned to the	36027
domestic relations division, and the presiding judge of the court	36028
of common pleas shall assign the cases to the judge of the	36029
domestic relations division and the judges of the general	36030
division.	36031

(2) In addition to the judge's regular duties, the judge of	36032
the division of domestic relations shall serve on the children	36033
services board and the county advisory board.	36034

(3) If the judge of the court of common pleas of Clark	36035
county, division of domestic relations, is sick, absent, or unable	36036
to perform that judge's judicial duties or if the presiding judge	36037
of the court of common pleas of Clark county determines that the	36038
volume of cases pending in the division of domestic relations	36039
necessitates it, the duties of the judge of the division of	36040
domestic relations shall be performed by the judges of the general	36041
division or probate division of the court of common pleas of Clark	36042
county, as assigned for that purpose by the presiding judge of	36043
that court, and the judges so assigned shall act in conjunction	36044
with the judge of the division of domestic relations of that	36045
court.	36046

(X) In Scioto county, the judge of the court of common pleas	36047
whose term begins January 2, 1995, and successors, shall have the	36048
same qualifications, exercise the same powers and jurisdiction,	36049
and receive the same compensation as other judges of the court of	36050
common pleas of Scioto county and shall be elected and designated	36051
as judge of the court of common pleas, division of domestic	36052
relations. The judge shall be assigned all divorce, dissolution of	36053
marriage, legal separation, and annulment cases, all cases arising	36054
under Chapter 3111. of the Revised Code, all proceedings involving	36055
child support, the allocation of parental rights and	36056
responsibilities for the care of children and the designation for	36057
the children of a place of residence and legal custodian,	36058
parenting time, visitation, and all post-decree proceedings and	36059
matters arising from those cases and proceedings, except in cases	36060
that for some special reason are assigned to another judge of the	36061
court of common pleas. The judge shall be charged with the	36062
assignment and division of the work of the division and with the	36063
employment and supervision of the personnel of the division.	36064

The judge shall designate the title, compensation, expense	36065
allowances, hours, leaves of absence, and vacations of the	36066
personnel of the division and shall fix the duties of the	36067
personnel of the division. The duties of the personnel, in	36068
addition to other statutory duties, include the handling,	36069
servicing, and investigation of divorce, dissolution of marriage,	36070
legal separation, and annulment cases, cases arising under Chapter	36071
3111. of the Revised Code, and proceedings involving child	36072
support, the allocation of parental rights and responsibilities	36073
for the care of children and the designation for the children of a	36074
place of residence and legal custodian, parenting time, and	36075
visitation, and providing counseling and conciliation services	36076
that the division makes available to persons, whether or not the	36077
persons are parties to an action pending in the division, who	36078
request the services.	36079

(Y) In Auglaize county, the judge of the probate and juvenile	36080
divisions of the Auglaize county court of common pleas also shall	36081
be the administrative judge of the domestic relations division of	36082
the court and shall be assigned all divorce, dissolution of	36083
marriage, legal separation, and annulment cases coming before the	36084
court. The judge shall have all powers as administrator of the	36085
domestic relations division and shall have charge of the personnel	36086
engaged in handling, servicing, or investigating divorce,	36087
dissolution of marriage, legal separation, and annulment cases,	36088
including any referees considered necessary for the discharge of	36089
the judge's various duties.	36090

(Z)(1) In Marion county, the judge of the court of common	36091
pleas whose term begins on February 9, 1999, and the successors to	36092
that judge, shall have the same qualifications, exercise the same	36093
powers and jurisdiction, and receive the same compensation as the	36094
other judges of the court of common pleas of Marion county and	36095
shall be elected and designated as judge of the court of common	36096
pleas, domestic relations-juvenile-probate division. Except as	36097
otherwise specified in this division, that judge, and the	36098
successors to that judge, shall have all the powers relating to	36099
juvenile courts, and all cases under Chapters 2151. and 2152. of	36100
the Revised Code, all cases arising under Chapter 3111. of the	36101
Revised Code, all divorce, dissolution of marriage, legal	36102
separation, and annulment cases, all proceedings involving child	36103
support, the allocation of parental rights and responsibilities	36104
for the care of children and the designation for the children of a	36105
place of residence and legal custodian, parenting time, and	36106
visitation, and all post-decree proceedings and matters arising	36107
from those cases and proceedings shall be assigned to that judge	36108
and the successors to that judge. Except as provided in division	36109
(Z)(2) of this section and notwithstanding any other provision of	36110
any section of the Revised Code, on and after February 9, 2003,	36111
the judge of the court of common pleas of Marion county whose term	36112
begins on February 9, 1999, and the successors to that judge,	36113
shall have all the powers relating to the probate division of the	36114
court of common pleas of Marion county in addition to the powers	36115
previously specified in this division, and shall exercise	36116
concurrent jurisdiction with the judge of the probate division of	36117
that court over all matters that are within the jurisdiction of	36118
the probate division of that court under Chapter 2101., and other	36119
provisions, of the Revised Code in addition to the jurisdiction of	36120
the domestic relations-juvenile-probate division of that court	36121
otherwise specified in division (Z)(1) of this section.	36122

(2) The judge of the domestic relations-juvenile-probate	36123
division of the court of common pleas of Marion county or the	36124
judge of the probate division of the court of common pleas of	36125
Marion county, whichever of those judges is senior in total length	36126
of service on the court of common pleas of Marion county,	36127
regardless of the division or divisions of service, shall serve as	36128
the clerk of the probate division of the court of common pleas of	36129
Marion county.	36130

(3) On and after February 9, 2003, all references in law to	36131
"the probate court," "the probate judge," "the juvenile court," or	36132
"the judge of the juvenile court" shall be construed, with respect	36133
to Marion county, as being references to both "the probate	36134
division" and "the domestic relations-juvenile-probate division"	36135
and as being references to both "the judge of the probate	36136
division" and "the judge of the domestic relations-	36137
juvenile-probate division." On and after February 9, 2003, all	36138
references in law to "the clerk of the probate court" shall be	36139
construed, with respect to Marion county, as being references to	36140
the judge who is serving pursuant to division (Z)(2) of this	36141
section as the clerk of the probate division of the court of	36142
common pleas of Marion county.	36143

(AA) In Muskingum county, the judge of the court of common	36144
pleas whose term begins on January 2, 2003, and successors, shall	36145
have the same qualifications, exercise the same powers and	36146
jurisdiction, and receive the same compensation as the other	36147
judges of the court of common pleas of Muskingum county and shall	36148
be elected and designated as the judge of the court of common	36149
pleas, division of domestic relations. The judge shall be assigned	36150
all divorce, dissolution of marriage, legal separation, and	36151
annulment cases, all cases arising under Chapter 3111. of the	36152
Revised Code, all proceedings involving child support, the	36153
allocation of parental rights and responsibilities for the care of	36154
children and the designation for the children of a place of	36155
residence and legal custodian, parenting time, and visitation, and	36156
all post-decree proceedings and matters arising from those cases	36157
and proceedings, except in cases that for some special reason are	36158
assigned to another judge of the court of common pleas. The judge	36159
shall be charged with the assignment and division of the work of	36160
the division and with the employment and supervision of the	36161
personnel of the division.	36162

The judge shall designate the title, compensation, expense	36163
allowances, hours, leaves of absence, and vacations of the	36164
personnel of the division and shall fix the duties of the	36165
personnel of the division. The duties of the personnel of the	36166
division, in addition to other statutory duties, shall include the	36167
handling, servicing, and investigation of divorce, dissolution of	36168
marriage, legal separation, and annulment cases, cases arising	36169
under Chapter 3111. of the Revised Code, and proceedings involving	36170
child support, the allocation of parental rights and	36171
responsibilities for the care of children and the designation for	36172
the children of a place of residence and legal custodian,	36173
parenting time, and visitation and providing any counseling and	36174
conciliation services that the division makes available to	36175
persons, whether or not the persons are parties to an action	36176
pending in the division, who request the services.	36177

(BB) In Henry county, the judge of the court of common pleas	36178
whose term begins on January 1, 2005, and successors, shall have	36179
the same qualifications, exercise the same powers and	36180
jurisdiction, and receive the same compensation as the other judge	36181
of the court of common pleas of Henry county and shall be elected	36182
and designated as the judge of the court of common pleas, division	36183
of domestic relations. The judge shall have all of the powers	36184
relating to juvenile courts, and all cases under Chapter 2151. or	36185
2152. of the Revised Code, all parentage proceedings arising under	36186
Chapter 3111. of the Revised Code over which the juvenile court	36187
has jurisdiction, all divorce, dissolution of marriage, legal	36188
separation, and annulment cases, all proceedings involving child	36189
support, the allocation of parental rights and responsibilities	36190
for the care of children and the designation for the children of a	36191
place of residence and legal custodian, parenting time, and	36192
visitation, and all post-decree proceedings and matters arising	36193
from those cases and proceedings shall be assigned to that judge,	36194
except in cases that for some special reason are assigned to the	36195
other judge of the court of common pleas.	36196

(CC)(1) In Logan county, the judge of the court of common	36197
pleas whose term begins January 2, 2005, and the successors to	36198
that judge, shall have the same qualifications, exercise the same	36199
powers and jurisdiction, and receive the same compensation as the	36200
other judges of the court of common pleas of Logan county and	36201
shall be elected and designated as judge of the court of common	36202
pleas, domestic relations-juvenile-probate division. Except as	36203
otherwise specified in this division, that judge, and the	36204
successors to that judge, shall have all the powers relating to	36205
juvenile courts, and all cases under Chapters 2151. and 2152. of	36206
the Revised Code, all cases arising under Chapter 3111. of the	36207
Revised Code, all divorce, dissolution of marriage, legal	36208
separation, and annulment cases, all proceedings involving child	36209
support, the allocation of parental rights and responsibilities	36210
for the care of children and designation for the children of a	36211
place of residence and legal custodian, parenting time, and	36212
visitation, and all post-decree proceedings and matters arising	36213
from those cases and proceedings shall be assigned to that judge	36214
and the successors to that judge. Notwithstanding any other	36215
provision of any section of the Revised Code, on and after January	36216
2, 2005, the judge of the court of common pleas of Logan county	36217
whose term begins on January 2, 2005, and the successors to that	36218
judge, shall have all the powers relating to the probate division	36219
of the court of common pleas of Logan county in addition to the	36220
powers previously specified in this division and shall exercise	36221
concurrent jurisdiction with the judge of the probate division of	36222
that court over all matters that are within the jurisdiction of	36223
the probate division of that court under Chapter 2101., and other	36224
provisions, of the Revised Code in addition to the jurisdiction of	36225
the domestic relations-juvenile-probate division of that court	36226
otherwise specified in division (CC)(1) of this section.	36227

(2) The judge of the domestic relations-juvenile-probate	36228
division of the court of common pleas of Logan county or the	36229
probate judge of the court of common pleas of Logan county who is	36230
elected as the administrative judge of the probate division of the	36231
court of common pleas of Logan county pursuant to Rule 4 of the	36232
Rules of Superintendence shall be the clerk of the probate	36233
division and juvenile division of the court of common pleas of	36234
Logan county. The clerk of the court of common pleas who is	36235
elected pursuant to section 2303.01 of the Revised Code shall keep	36236
all of the journals, records, books, papers, and files pertaining	36237
to the domestic relations cases.	36238

(3) On and after January 2, 2005, all references in law to	36239
"the probate court," "the probate judge," "the juvenile court," or	36240
"the judge of the juvenile court" shall be construed, with respect	36241
to Logan county, as being references to both "the probate	36242
division" and the "domestic relations-juvenile-probate division"	36243
and as being references to both "the judge of the probate	36244
division" and the "judge of the domestic	36245
relations-juvenile-probate division." On and after January 2,	36246
2005, all references in law to "the clerk of the probate court"	36247
shall be construed, with respect to Logan county, as being	36248
references to the judge who is serving pursuant to division	36249
(CC)(2) of this section as the clerk of the probate division of	36250
the court of common pleas of Logan county.	36251

(DD)(1) In Champaign county, the judge of the court of common	36252
pleas whose term begins February 9, 2003, and the judge of the	36253
court of common pleas whose term begins February 10, 2009, and the	36254
successors to those judges, shall have the same qualifications,	36255
exercise the same powers and jurisdiction, and receive the same	36256
compensation as the other judges of the court of common pleas of	36257
Champaign county and shall be elected and designated as judges of	36258
the court of common pleas, domestic relations-juvenile-probate	36259
division. Except as otherwise specified in this division, those	36260
judges, and the successors to those judges, shall have all the	36261
powers relating to juvenile courts, and all cases under Chapters	36262
2151. and 2152. of the Revised Code, all cases arising under	36263
Chapter 3111. of the Revised Code, all divorce, dissolution of	36264
marriage, legal separation, and annulment cases, all proceedings	36265
involving child support, the allocation of parental rights and	36266
responsibilities for the care of children and the designation for	36267
the children of a place of residence and legal custodian,	36268
parenting time, and visitation, and all post-decree proceedings	36269
and matters arising from those cases and proceedings shall be	36270
assigned to those judges and the successors to those judges.	36271
Notwithstanding any other provision of any section of the Revised	36272
Code, on and after February 9, 2009, the judges designated by this	36273
division as judges of the court of common pleas of Champaign	36274
county, domestic relations-juvenile-probate division, and the	36275
successors to those judges, shall have all the powers relating to	36276
probate courts in addition to the powers previously specified in	36277
this division and shall exercise jurisdiction over all matters	36278
that are within the jurisdiction of probate courts under Chapter	36279
2101., and other provisions, of the Revised Code in addition to	36280
the jurisdiction of the domestic relations-juvenile-probate	36281
division otherwise specified in division (DD)(1) of this section.	36282

(2) On and after February 9, 2009, all references in law to	36283
"the probate court," "the probate judge," "the juvenile court," or	36284
"the judge of the juvenile court" shall be construed with respect	36285
to Champaign county as being references to the "domestic	36286
relations-juvenile-probate division" and as being references to	36287
the "judge of the domestic relations-juvenile-probate division."	36288
On and after February 9, 2009, all references in law to "the clerk	36289
of the probate court" shall be construed with respect to Champaign	36290
county as being references to the judge who is serving pursuant to	36291
Rule 4 of the Rules of Superintendence for the Courts of Ohio as	36292
the administrative judge of the court of common pleas, domestic	36293
relations-juvenile-probate division.	36294

(EE) If a judge of the court of common pleas, division of	36295
domestic relations, or juvenile judge, of any of the counties	36296
mentioned in this section is sick, absent, or unable to perform	36297
that judge's judicial duties or the volume of cases pending in the	36298
judge's division necessitates it, the duties of that judge shall	36299
be performed by another judge of the court of common pleas of that	36300
county, assigned for that purpose by the presiding judge of the	36301
court of common pleas of that county to act in place of or in	36302
conjunction with that judge, as the case may require.	36303

Sec. 2301.18. The court of common pleas shall appoint a	36304
~~steongraphic~~ reporter as the official ~~shorthand~~ reporter of ~~such~~	36305
the court~~, who shall hold the appointment~~ for a term not exceeding	36306
three years ~~from the date thereof~~, unless removed by the court,	36307
after a good cause shown, for neglect of duty, misconduct in	36308
office, or incompetency. ~~Such~~The court of common pleas may	36309
appoint assistant reporters as the business of the court requires,	36310
for terms not exceeding three years under one appointment. The	36311
official ~~shorthand~~ reporter and assistant reporters shall take an	36312
oath faithfully and impartially to discharge the duties of ~~such~~	36313
~~position~~their positions.	36314

Sec. 2301.20. ~~Upon the trial of a~~All civil orand criminal	36315
~~action~~actions in the court of common pleas~~, if either party to~~	36316
~~the action or his attorney requests the services of a shorthand~~	36317
~~reporter, the trial judge shall grant the request, or may order a~~	36318
~~full report of the testimony or other proceedings. In either case,~~	36319
~~the shorthand~~shall be recorded. The reporter shall take accurate	36320
~~shorthand~~ notes of, or shall electronically record, the oral	36321
testimony ~~or other oral proceedings~~. The notes and electronic	36322
records shall be filed in the office of the official ~~shorthand~~	36323
reporter and carefully preserved for either of the following	36324
periods of time:	36325

(A) If the action is not a capital case, the notes and	36326
electronic records shall be preserved for the period of time	36327
specified by the court of common pleas, which period of time shall	36328
not be longer than the period of time that the other records of	36329
the particular action are required to be kept;.	36330

(B) If the action is a capital case, the notes and electronic	36331
records shall be preserved for the longer of ten years or until	36332
the final disposition of the action.	36333

Sec. 2301.21. In every case ~~reported~~recorded as provided in	36334
section 2301.20 of the Revised Code, there shall be taxed for each	36335
day's service of the official or assistant ~~shorthand~~ reporters a	36336
fee of twenty-five dollars, to be collected as other costs in the	36337
case. The fees so collected shall be paid quarterly by the clerk	36338
of the court of common pleas in which the cases were tried into	36339
the treasury of the county and shall be credited by the county	36340
treasurer to the general fund.	36341

Sec. 2301.22. Each ~~shorthand~~ reporter shall receive such	36342
compensation as the court of common pleas making the appointment	36343
fixes. ~~Such~~That compensation shall be in place of all per diem	36344
compensation in ~~such~~those courts. In case ~~such~~the appointment is	36345
for a term of less than one year, ~~such~~the court may allow a per	36346
diem compensation to be fixed by the court, plus actual and	36347
necessary expenses incurred, for each day ~~such shorthand~~the	36348
reporter is actually engaged in taking testimony or performing	36349
other duties under the orders of ~~such~~the court, which allowance	36350
shall be in full payment for all services so rendered.	36351

The county auditor shall issue warrants on the county	36352
treasurer for the payment of ~~such~~the compensation under this	36353
section in equal monthly installments~~, when~~if the compensation is	36354
allowed annually, and ~~when~~ in case of services per diem, for the	36355
amount of the bill approved by the court, from the general fund	36356
upon the presentation of a certified copy of the journal entry of	36357
appointment and compensation of ~~such shorthand~~the reporters.	36358

Sec. 2301.23. When ~~shorthand~~ notes have been taken or an	36359
electronic recording has been made in a case as provided in	36360
section 2301.20 of the Revised Code, if the court, or either party	36361
to the suit ~~or his attorney,~~ requests written transcripts of any	36362
portion of ~~such notes in longhand~~the proceeding, the ~~shorthand~~	36363
reporter reporting the case shall make full and accurate	36364
transcripts of the notes ~~for the use of such court or party~~or	36365
electronic recording. The court may direct the official ~~shorthand~~	36366
reporter to furnish to the court and the parties copies of	36367
decisions rendered and charges delivered by the court in pending	36368
cases.	36369

When the compensation for transcripts, copies of decisions,	36370
or charges is taxed as a part of the costs, ~~such~~the transcripts,	36371
copies of decisions, and charges shall remain on file with the	36372
papers of the case.	36373

Sec. 2301.24. The compensation of ~~shorthand~~ reporters for	36374
making written transcripts ~~and copies~~ as provided in section	36375
2301.23 of the Revised Code shall be fixed by ~~the judges of~~ the	36376
court of common pleas of the county ~~wherein~~in which the trial is	36377
~~had~~held. ~~Such~~If more than one transcript of the same testimony	36378
or proceeding is ordered, the reporter shall make copies of the	36379
transcript at cost pursuant to division (B)(1) of section 149.43	36380
of the Revised Code, or shall provide an electronic copy of the	36381
transcript free of charge. The compensation shall be paid	36382
~~forthwith~~ by the party for whose benefit a transcript is made. The	36383
compensation for transcripts ~~of testimony~~ requested by the	36384
prosecuting attorney ~~during trial~~or an indigent defendant in	36385
criminal cases or by the trial judge, in either civil or criminal	36386
cases, and for copies of decisions and charges furnished by	36387
direction of the court shall be paid from the county treasury, and	36388
taxed and collected as costs.	36389

Sec. 2301.25. When ordered by the prosecuting attorney or	36390
the defendant in a criminal ~~trial,~~case or when ordered by a judge	36391
of the court of common pleas ~~for his use,~~ in either civil or	36392
criminal cases, the costs of transcripts ~~mentioned in section~~	36393
~~2301.23 of the Revised Code,~~ shall be taxed as costs in the case,	36394
collected as other costs, whether ~~such~~the transcripts have been	36395
prepaid or not, as provided by section 2301.24 of the Revised	36396
Code, ~~and~~ paid by the clerk of the court of common pleas,	36397
quarterly, into the county treasury, and credited to the general	36398
fund. If, upon final judgment, the costs or any part ~~thereof shall~~	36399
beof the costs are adjudged against a defendant in a criminal	36400
case, hethe defendant shall be allowed credit on the cost bill of	36401
the amount paid ~~by him~~ for the transcript ~~he ordered~~ and, if the	36402
costs are finally adjudged against the state, the defendant shall	36403
have ~~his~~the defendant's deposit refunded. ~~When more than one~~	36404
~~transcript of the same testimony or proceedings is ordered at the~~	36405
~~same time by the same party, or by the court, the compensation for~~	36406
~~making such additional transcript shall be one-half the~~	36407
~~compensation allowed for the first copy, and shall be paid for in~~	36408
~~the same manner except that where ordered by the same party only~~	36409
~~the cost of the original shall be taxed as costs.~~ All ~~such~~	36410
transcripts shall be taken and received as prima-facie evidence of	36411
their correctness. ~~When~~If the testimony of witnesses is taken	36412
before the grand jury by ~~shorthand~~ reporters, they shall receive	36413
for ~~such~~the transcripts ~~as are ordered by the prosecuting~~	36414
~~attorney~~ the same compensation ~~per folio~~ and be paid ~~therefor~~ in	36415
the same manner as provided in this section and section 2301.24 of	36416
the Revised Code.	36417

Sec. 2301.26. ~~Shorthand reporters~~Reporters appointed under	36418
~~sections~~section 2301.18 ~~and 2301.19~~ of the Revised Code, may be	36419
appointed referees to take and report evidence in causes pending	36420
in any of the courts of this state. In the taking of evidence as	36421
~~such~~ referees, ~~they~~the reporters may administer oaths to	36422
witnesses. They shall be furnished by the board of county	36423
commissioners with a suitable room in the courthouse, and with	36424
~~stationery,~~ supplies and ~~other~~ equipment necessary infor the	36425
proper discharge of their duties and for the preservation of their	36426
~~stenographic~~ notes and electronic records. ~~Such~~The notes and	36427
electronic records shall be the property of the county and	36428
carefully preserved in the office of the ~~shorthand~~ reporters.	36429

Sec. 2305.01. Except as otherwise provided by this section	36430
or section 2305.03 of the Revised Code, the court of common pleas	36431
has original jurisdiction in all civil cases in which the sum or	36432
matter in dispute exceeds the exclusive original jurisdiction of	36433
county courts and appellate jurisdiction from the decisions of	36434
boards of county commissioners. The court of common pleas shall	36435
not have jurisdiction, in any tort action to which the amounts	36436
apply, to award punitive or exemplary damages that exceed the	36437
amounts set forth in section 2315.21 of the Revised Code. The	36438
court of common pleas shall not have jurisdiction in any tort	36439
action to which the limits apply to enter judgment on an award of	36440
compensatory damages for noneconomic loss in excess of the limits	36441
set forth in section 2315.18 of the Revised Code.	36442

The court of common pleas may on its own motion transfer for	36443
trial any action in the court to any municipal court in the county	36444
having concurrent jurisdiction of the subject matter of, and the	36445
parties to, the action, if the amount sought by the plaintiff does	36446
not exceed one thousand dollars and if the judge or presiding	36447
judge of the municipal court concurs in the proposed transfer.	36448
Upon the issuance of an order of transfer, the clerk of courts	36449
shall remove to the designated municipal court the entire case	36450
file. Any untaxed portion of the common pleas deposit for court	36451
costs shall be remitted to the municipal court by the clerk of	36452
courts to be applied in accordance with section 1901.26 of the	36453
Revised Code, and the costs taxed by the municipal court shall be	36454
added to any costs taxed in the common pleas court.	36455

The court of common pleas has jurisdiction in any action	36456
brought pursuant to division (I) of section ~~3733.11~~4781.40 of the	36457
Revised Code if the residential premises that are the subject of	36458
the action are located within the territorial jurisdiction of the	36459
court.	36460

The courts of common pleas of Adams, Athens, Belmont, Brown,	36461
Clermont, Columbiana, Gallia, Hamilton, Jefferson, Lawrence,	36462
Meigs, Monroe, Scioto, and Washington counties have jurisdiction	36463
beyond the north or northwest shore of the Ohio river extending to	36464
the opposite shore line, between the extended boundary lines of	36465
any adjacent counties or adjacent state. Each of those courts of	36466
common pleas has concurrent jurisdiction on the Ohio river with	36467
any adjacent court of common pleas that borders on that river and	36468
with any court of Kentucky or of West Virginia that borders on the	36469
Ohio river and that has jurisdiction on the Ohio river under the	36470
law of Kentucky or the law of West Virginia, whichever is	36471
applicable, or under federal law.	36472

Sec. 2317.02. The following persons shall not testify in	36473
certain respects:	36474

(A)(1) An attorney, concerning a communication made to the	36475
attorney by a client in that relation or the attorney's advice to	36476
a client, except that the attorney may testify by express consent	36477
of the client or, if the client is deceased, by the express	36478
consent of the surviving spouse or the executor or administrator	36479
of the estate of the deceased client. However, if the client	36480
voluntarily testifies or is deemed by section 2151.421 of the	36481
Revised Code to have waived any testimonial privilege under this	36482
division, the attorney may be compelled to testify on the same	36483
subject.	36484

The testimonial privilege established under this division	36485
does not apply concerning a communication between a client who has	36486
since died and the deceased client's attorney if the communication	36487
is relevant to a dispute between parties who claim through that	36488
deceased client, regardless of whether the claims are by testate	36489
or intestate succession or by inter vivos transaction, and the	36490
dispute addresses the competency of the deceased client when the	36491
deceased client executed a document that is the basis of the	36492
dispute or whether the deceased client was a victim of fraud,	36493
undue influence, or duress when the deceased client executed a	36494
document that is the basis of the dispute.	36495

(2) An attorney, concerning a communication made to the	36496
attorney by a client in that relationship or the attorney's advice	36497
to a client, except that if the client is an insurance company,	36498
the attorney may be compelled to testify, subject to an in camera	36499
inspection by a court, about communications made by the client to	36500
the attorney or by the attorney to the client that are related to	36501
the attorney's aiding or furthering an ongoing or future	36502
commission of bad faith by the client, if the party seeking	36503
disclosure of the communications has made a prima facie showing of	36504
bad faith, fraud, or criminal misconduct by the client.	36505

(B)(1) A physician or a dentist concerning a communication	36506
made to the physician or dentist by a patient in that relation or	36507
the physician's or dentist's advice to a patient, except as	36508
otherwise provided in this division, division (B)(2), and division	36509
(B)(3) of this section, and except that, if the patient is deemed	36510
by section 2151.421 of the Revised Code to have waived any	36511
testimonial privilege under this division, the physician may be	36512
compelled to testify on the same subject.	36513

The testimonial privilege established under this division	36514
does not apply, and a physician or dentist may testify or may be	36515
compelled to testify, in any of the following circumstances:	36516

(a) In any civil action, in accordance with the discovery	36517
provisions of the Rules of Civil Procedure in connection with a	36518
civil action, or in connection with a claim under Chapter 4123. of	36519
the Revised Code, under any of the following circumstances:	36520

(i) If the patient or the guardian or other legal	36521
representative of the patient gives express consent;	36522

(ii) If the patient is deceased, the spouse of the patient or	36523
the executor or administrator of the patient's estate gives	36524
express consent;	36525

(iii) If a medical claim, dental claim, chiropractic claim,	36526
or optometric claim, as defined in section 2305.113 of the Revised	36527
Code, an action for wrongful death, any other type of civil	36528
action, or a claim under Chapter 4123. of the Revised Code is	36529
filed by the patient, the personal representative of the estate of	36530
the patient if deceased, or the patient's guardian or other legal	36531
representative.	36532

(b) In any civil action concerning court-ordered treatment or	36533
services received by a patient, if the court-ordered treatment or	36534
services were ordered as part of a case plan journalized under	36535
section 2151.412 of the Revised Code or the court-ordered	36536
treatment or services are necessary or relevant to dependency,	36537
neglect, or abuse or temporary or permanent custody proceedings	36538
under Chapter 2151. of the Revised Code.	36539

(c) In any criminal action concerning any test or the results	36540
of any test that determines the presence or concentration of	36541
alcohol, a drug of abuse, a combination of them, a controlled	36542
substance, or a metabolite of a controlled substance in the	36543
patient's whole blood, blood serum or plasma, breath, urine, or	36544
other bodily substance at any time relevant to the criminal	36545
offense in question.	36546

(d) In any criminal action against a physician or dentist. In	36547
such an action, the testimonial privilege established under this	36548
division does not prohibit the admission into evidence, in	36549
accordance with the Rules of Evidence, of a patient's medical or	36550
dental records or other communications between a patient and the	36551
physician or dentist that are related to the action and obtained	36552
by subpoena, search warrant, or other lawful means. A court that	36553
permits or compels a physician or dentist to testify in such an	36554
action or permits the introduction into evidence of patient	36555
records or other communications in such an action shall require	36556
that appropriate measures be taken to ensure that the	36557
confidentiality of any patient named or otherwise identified in	36558
the records is maintained. Measures to ensure confidentiality that	36559
may be taken by the court include sealing its records or deleting	36560
specific information from its records.	36561

(e)(i) If the communication was between a patient who has	36562
since died and the deceased patient's physician or dentist, the	36563
communication is relevant to a dispute between parties who claim	36564
through that deceased patient, regardless of whether the claims	36565
are by testate or intestate succession or by inter vivos	36566
transaction, and the dispute addresses the competency of the	36567
deceased patient when the deceased patient executed a document	36568
that is the basis of the dispute or whether the deceased patient	36569
was a victim of fraud, undue influence, or duress when the	36570
deceased patient executed a document that is the basis of the	36571
dispute.	36572

(ii) If neither the spouse of a patient nor the executor or	36573
administrator of that patient's estate gives consent under	36574
division (B)(1)(a)(ii) of this section, testimony or the	36575
disclosure of the patient's medical records by a physician,	36576
dentist, or other health care provider under division (B)(1)(e)(i)	36577
of this section is a permitted use or disclosure of protected	36578
health information, as defined in 45 C.F.R. 160.103, and an	36579
authorization or opportunity to be heard shall not be required.	36580

(iii) Division (B)(1)(e)(i) of this section does not require	36581
a mental health professional to disclose psychotherapy notes, as	36582
defined in 45 C.F.R. 164.501.	36583

(iv) An interested person who objects to testimony or	36584
disclosure under division (B)(1)(e)(i) of this section may seek a	36585
protective order pursuant to Civil Rule 26.	36586

(v) A person to whom protected health information is	36587
disclosed under division (B)(1)(e)(i) of this section shall not	36588
use or disclose the protected health information for any purpose	36589
other than the litigation or proceeding for which the information	36590
was requested and shall return the protected health information to	36591
the covered entity or destroy the protected health information,	36592
including all copies made, at the conclusion of the litigation or	36593
proceeding.	36594

(2)(a) If any law enforcement officer submits a written	36595
statement to a health care provider that states that an official	36596
criminal investigation has begun regarding a specified person or	36597
that a criminal action or proceeding has been commenced against a	36598
specified person, that requests the provider to supply to the	36599
officer copies of any records the provider possesses that pertain	36600
to any test or the results of any test administered to the	36601
specified person to determine the presence or concentration of	36602
alcohol, a drug of abuse, a combination of them, a controlled	36603
substance, or a metabolite of a controlled substance in the	36604
person's whole blood, blood serum or plasma, breath, or urine at	36605
any time relevant to the criminal offense in question, and that	36606
conforms to section 2317.022 of the Revised Code, the provider,	36607
except to the extent specifically prohibited by any law of this	36608
state or of the United States, shall supply to the officer a copy	36609
of any of the requested records the provider possesses. If the	36610
health care provider does not possess any of the requested	36611
records, the provider shall give the officer a written statement	36612
that indicates that the provider does not possess any of the	36613
requested records.	36614

(b) If a health care provider possesses any records of the	36615
type described in division (B)(2)(a) of this section regarding the	36616
person in question at any time relevant to the criminal offense in	36617
question, in lieu of personally testifying as to the results of	36618
the test in question, the custodian of the records may submit a	36619
certified copy of the records, and, upon its submission, the	36620
certified copy is qualified as authentic evidence and may be	36621
admitted as evidence in accordance with the Rules of Evidence.	36622
Division (A) of section 2317.422 of the Revised Code does not	36623
apply to any certified copy of records submitted in accordance	36624
with this division. Nothing in this division shall be construed to	36625
limit the right of any party to call as a witness the person who	36626
administered the test to which the records pertain, the person	36627
under whose supervision the test was administered, the custodian	36628
of the records, the person who made the records, or the person	36629
under whose supervision the records were made.	36630

(3)(a) If the testimonial privilege described in division	36631
(B)(1) of this section does not apply as provided in division	36632
(B)(1)(a)(iii) of this section, a physician or dentist may be	36633
compelled to testify or to submit to discovery under the Rules of	36634
Civil Procedure only as to a communication made to the physician	36635
or dentist by the patient in question in that relation, or the	36636
physician's or dentist's advice to the patient in question, that	36637
related causally or historically to physical or mental injuries	36638
that are relevant to issues in the medical claim, dental claim,	36639
chiropractic claim, or optometric claim, action for wrongful	36640
death, other civil action, or claim under Chapter 4123. of the	36641
Revised Code.	36642

(b) If the testimonial privilege described in division (B)(1)	36643
of this section does not apply to a physician or dentist as	36644
provided in division (B)(1)(c) of this section, the physician or	36645
dentist, in lieu of personally testifying as to the results of the	36646
test in question, may submit a certified copy of those results,	36647
and, upon its submission, the certified copy is qualified as	36648
authentic evidence and may be admitted as evidence in accordance	36649
with the Rules of Evidence. Division (A) of section 2317.422 of	36650
the Revised Code does not apply to any certified copy of results	36651
submitted in accordance with this division. Nothing in this	36652
division shall be construed to limit the right of any party to	36653
call as a witness the person who administered the test in	36654
question, the person under whose supervision the test was	36655
administered, the custodian of the results of the test, the person	36656
who compiled the results, or the person under whose supervision	36657
the results were compiled.	36658

(4) The testimonial privilege described in division (B)(1) of	36659
this section is not waived when a communication is made by a	36660
physician to a pharmacist or when there is communication between a	36661
patient and a pharmacist in furtherance of the physician-patient	36662
relation.	36663

(5)(a) As used in divisions (B)(1) to (4) of this section,	36664
"communication" means acquiring, recording, or transmitting any	36665
information, in any manner, concerning any facts, opinions, or	36666
statements necessary to enable a physician or dentist to diagnose,	36667
treat, prescribe, or act for a patient. A "communication" may	36668
include, but is not limited to, any medical or dental, office, or	36669
hospital communication such as a record, chart, letter,	36670
memorandum, laboratory test and results, x-ray, photograph,	36671
financial statement, diagnosis, or prognosis.	36672

(b) As used in division (B)(2) of this section, "health care	36673
provider" means a hospital, ambulatory care facility, long-term	36674
care facility, pharmacy, emergency facility, or health care	36675
practitioner.	36676

36677

(i) "Ambulatory care facility" means a facility that provides	36678
medical, diagnostic, or surgical treatment to patients who do not	36679
require hospitalization, including a dialysis center, ambulatory	36680
surgical facility, cardiac catheterization facility, diagnostic	36681
imaging center, extracorporeal shock wave lithotripsy center, home	36682
health agency, inpatient hospice, birthing center, radiation	36683
therapy center, emergency facility, and an urgent care center.	36684
"Ambulatory health care facility" does not include the private	36685
office of a physician or dentist, whether the office is for an	36686
individual or group practice.	36687

(ii) "Emergency facility" means a hospital emergency	36688
department or any other facility that provides emergency medical	36689
services.	36690

(iii) "Health care practitioner" has the same meaning as in	36691
section 4769.01 of the Revised Code.	36692

(iv) "Hospital" has the same meaning as in section 3727.01 of	36693
the Revised Code.	36694

(v) "Long-term care facility" means a nursing home,	36695
residential care facility, or home for the aging, as those terms	36696
are defined in section 3721.01 of the Revised Code; an adult care	36697
facility, as defined in section ~~3722.01~~5119.70 of the Revised	36698
Code; a nursing facility or intermediate care facility for the	36699
mentally retarded, as those terms are defined in section 5111.20	36700
of the Revised Code; a facility or portion of a facility certified	36701
as a skilled nursing facility under Title XVIII of the "Social	36702
Security Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.	36703

(vi) "Pharmacy" has the same meaning as in section 4729.01 of	36704
the Revised Code.	36705

(d) As used in divisions (B)(1) and (2) of this section,	36706
"drug of abuse" has the same meaning as in section 4506.01 of the	36707
Revised Code.	36708

(6) Divisions (B)(1), (2), (3), (4), and (5) of this section	36709
apply to doctors of medicine, doctors of osteopathic medicine,	36710
doctors of podiatry, and dentists.	36711

(7) Nothing in divisions (B)(1) to (6) of this section	36712
affects, or shall be construed as affecting, the immunity from	36713
civil liability conferred by section 307.628 of the Revised Code	36714
or the immunity from civil liability conferred by section 2305.33	36715
of the Revised Code upon physicians who report an employee's use	36716
of a drug of abuse, or a condition of an employee other than one	36717
involving the use of a drug of abuse, to the employer of the	36718
employee in accordance with division (B) of that section. As used	36719
in division (B)(7) of this section, "employee," "employer," and	36720
"physician" have the same meanings as in section 2305.33 of the	36721
Revised Code.	36722

(C)(1) A cleric, when the cleric remains accountable to the	36723
authority of that cleric's church, denomination, or sect,	36724
concerning a confession made, or any information confidentially	36725
communicated, to the cleric for a religious counseling purpose in	36726
the cleric's professional character. The cleric may testify by	36727
express consent of the person making the communication, except	36728
when the disclosure of the information is in violation of a sacred	36729
trust and except that, if the person voluntarily testifies or is	36730
deemed by division (A)(4)(c) of section 2151.421 of the Revised	36731
Code to have waived any testimonial privilege under this division,	36732
the cleric may be compelled to testify on the same subject except	36733
when disclosure of the information is in violation of a sacred	36734
trust.	36735

(2) As used in division (C) of this section:

36736

(a) "Cleric" means a member of the clergy, rabbi, priest,	36737
Christian Science practitioner, or regularly ordained, accredited,	36738
or licensed minister of an established and legally cognizable	36739
church, denomination, or sect.	36740

(b) "Sacred trust" means a confession or confidential	36741
communication made to a cleric in the cleric's ecclesiastical	36742
capacity in the course of discipline enjoined by the church to	36743
which the cleric belongs, including, but not limited to, the	36744
Catholic Church, if both of the following apply:	36745

(i) The confession or confidential communication was made	36746
directly to the cleric.	36747

(ii) The confession or confidential communication was made in	36748
the manner and context that places the cleric specifically and	36749
strictly under a level of confidentiality that is considered	36750
inviolate by canon law or church doctrine.	36751

(D) Husband or wife, concerning any communication made by one	36752
to the other, or an act done by either in the presence of the	36753
other, during coverture, unless the communication was made, or act	36754
done, in the known presence or hearing of a third person competent	36755
to be a witness; and such rule is the same if the marital relation	36756
has ceased to exist;	36757

(E) A person who assigns a claim or interest, concerning any	36758
matter in respect to which the person would not, if a party, be	36759
permitted to testify;	36760

(F) A person who, if a party, would be restricted under	36761
section 2317.03 of the Revised Code, when the property or thing is	36762
sold or transferred by an executor, administrator, guardian,	36763
trustee, heir, devisee, or legatee, shall be restricted in the	36764
same manner in any action or proceeding concerning the property or	36765
thing.	36766

(G)(1) A school guidance counselor who holds a valid educator	36767
license from the state board of education as provided for in	36768
section 3319.22 of the Revised Code, a person licensed under	36769
Chapter 4757. of the Revised Code as a professional clinical	36770
counselor, professional counselor, social worker, independent	36771
social worker, marriage and family therapist or independent	36772
marriage and family therapist, or registered under Chapter 4757.	36773
of the Revised Code as a social work assistant concerning a	36774
confidential communication received from a client in that relation	36775
or the person's advice to a client unless any of the following	36776
applies:	36777

(a) The communication or advice indicates clear and present	36778
danger to the client or other persons. For the purposes of this	36779
division, cases in which there are indications of present or past	36780
child abuse or neglect of the client constitute a clear and	36781
present danger.	36782

(b) The client gives express consent to the testimony.

36783

(c) If the client is deceased, the surviving spouse or the	36784
executor or administrator of the estate of the deceased client	36785
gives express consent.	36786

(d) The client voluntarily testifies, in which case the	36787
school guidance counselor or person licensed or registered under	36788
Chapter 4757. of the Revised Code may be compelled to testify on	36789
the same subject.	36790

(e) The court in camera determines that the information	36791
communicated by the client is not germane to the counselor-client,	36792
marriage and family therapist-client, or social worker-client	36793
relationship.	36794

(f) A court, in an action brought against a school, its	36795
administration, or any of its personnel by the client, rules after	36796
an in-camera inspection that the testimony of the school guidance	36797
counselor is relevant to that action.	36798

(g) The testimony is sought in a civil action and concerns	36799
court-ordered treatment or services received by a patient as part	36800
of a case plan journalized under section 2151.412 of the Revised	36801
Code or the court-ordered treatment or services are necessary or	36802
relevant to dependency, neglect, or abuse or temporary or	36803
permanent custody proceedings under Chapter 2151. of the Revised	36804
Code.	36805

(2) Nothing in division (G)(1) of this section shall relieve	36806
a school guidance counselor or a person licensed or registered	36807
under Chapter 4757. of the Revised Code from the requirement to	36808
report information concerning child abuse or neglect under section	36809
2151.421 of the Revised Code.	36810

(H) A mediator acting under a mediation order issued under	36811
division (A) of section 3109.052 of the Revised Code or otherwise	36812
issued in any proceeding for divorce, dissolution, legal	36813
separation, annulment, or the allocation of parental rights and	36814
responsibilities for the care of children, in any action or	36815
proceeding, other than a criminal, delinquency, child abuse, child	36816
neglect, or dependent child action or proceeding, that is brought	36817
by or against either parent who takes part in mediation in	36818
accordance with the order and that pertains to the mediation	36819
process, to any information discussed or presented in the	36820
mediation process, to the allocation of parental rights and	36821
responsibilities for the care of the parents' children, or to the	36822
awarding of parenting time rights in relation to their children;	36823

(I) A communications assistant, acting within the scope of	36824
the communication assistant's authority, when providing	36825
telecommunications relay service pursuant to section 4931.06 of	36826
the Revised Code or Title II of the "Communications Act of 1934,"	36827
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication	36828
made through a telecommunications relay service. Nothing in this	36829
section shall limit the obligation of a communications assistant	36830
to divulge information or testify when mandated by federal law or	36831
regulation or pursuant to subpoena in a criminal proceeding.	36832

Nothing in this section shall limit any immunity or privilege	36833
granted under federal law or regulation.	36834

(J)(1) A chiropractor in a civil proceeding concerning a	36835
communication made to the chiropractor by a patient in that	36836
relation or the chiropractor's advice to a patient, except as	36837
otherwise provided in this division. The testimonial privilege	36838
established under this division does not apply, and a chiropractor	36839
may testify or may be compelled to testify, in any civil action,	36840
in accordance with the discovery provisions of the Rules of Civil	36841
Procedure in connection with a civil action, or in connection with	36842
a claim under Chapter 4123. of the Revised Code, under any of the	36843
following circumstances:	36844

(a) If the patient or the guardian or other legal	36845
representative of the patient gives express consent.	36846

(b) If the patient is deceased, the spouse of the patient or	36847
the executor or administrator of the patient's estate gives	36848
express consent.	36849

(c) If a medical claim, dental claim, chiropractic claim, or	36850
optometric claim, as defined in section 2305.113 of the Revised	36851
Code, an action for wrongful death, any other type of civil	36852
action, or a claim under Chapter 4123. of the Revised Code is	36853
filed by the patient, the personal representative of the estate of	36854
the patient if deceased, or the patient's guardian or other legal	36855
representative.	36856

(2) If the testimonial privilege described in division (J)(1)	36857
of this section does not apply as provided in division (J)(1)(c)	36858
of this section, a chiropractor may be compelled to testify or to	36859
submit to discovery under the Rules of Civil Procedure only as to	36860
a communication made to the chiropractor by the patient in	36861
question in that relation, or the chiropractor's advice to the	36862
patient in question, that related causally or historically to	36863
physical or mental injuries that are relevant to issues in the	36864
medical claim, dental claim, chiropractic claim, or optometric	36865
claim, action for wrongful death, other civil action, or claim	36866
under Chapter 4123. of the Revised Code.	36867

(3) The testimonial privilege established under this division	36868
does not apply, and a chiropractor may testify or be compelled to	36869
testify, in any criminal action or administrative proceeding.	36870

(4) As used in this division, "communication" means	36871
acquiring, recording, or transmitting any information, in any	36872
manner, concerning any facts, opinions, or statements necessary to	36873
enable a chiropractor to diagnose, treat, or act for a patient. A	36874
communication may include, but is not limited to, any	36875
chiropractic, office, or hospital communication such as a record,	36876
chart, letter, memorandum, laboratory test and results, x-ray,	36877
photograph, financial statement, diagnosis, or prognosis.	36878

(K)(1) Except as provided under division (K)(2) of this	36879
section, a critical incident stress management team member	36880
concerning a communication received from an individual who	36881
receives crisis response services from the team member, or the	36882
team member's advice to the individual, during a debriefing	36883
session.	36884

(2) The testimonial privilege established under division	36885
(K)(1) of this section does not apply if any of the following are	36886
true:	36887

(a) The communication or advice indicates clear and present	36888
danger to the individual who receives crisis response services or	36889
to other persons. For purposes of this division, cases in which	36890
there are indications of present or past child abuse or neglect of	36891
the individual constitute a clear and present danger.	36892

(b) The individual who received crisis response services	36893
gives express consent to the testimony.	36894

(c) If the individual who received crisis response services	36895
is deceased, the surviving spouse or the executor or administrator	36896
of the estate of the deceased individual gives express consent.	36897

(d) The individual who received crisis response services	36898
voluntarily testifies, in which case the team member may be	36899
compelled to testify on the same subject.	36900

(e) The court in camera determines that the information	36901
communicated by the individual who received crisis response	36902
services is not germane to the relationship between the individual	36903
and the team member.	36904

(f) The communication or advice pertains or is related to any	36905
criminal act.	36906

(3) As used in division (K) of this section:

36907

(a) "Crisis response services" means consultation, risk	36908
assessment, referral, and on-site crisis intervention services	36909
provided by a critical incident stress management team to	36910
individuals affected by crisis or disaster.	36911

(b) "Critical incident stress management team member" or	36912
"team member" means an individual specially trained to provide	36913
crisis response services as a member of an organized community or	36914
local crisis response team that holds membership in the Ohio	36915
critical incident stress management network.	36916

(c) "Debriefing session" means a session at which crisis	36917
response services are rendered by a critical incident stress	36918
management team member during or after a crisis or disaster.	36919

(L)(1) Subject to division (L)(2) of this section and except	36920
as provided in division (L)(3) of this section, an employee	36921
assistance professional, concerning a communication made to the	36922
employee assistance professional by a client in the employee	36923
assistance professional's official capacity as an employee	36924
assistance professional.	36925

(2) Division (L)(1) of this section applies to an employee	36926
assistance professional who meets either or both of the following	36927
requirements:	36928

(a) Is certified by the employee assistance certification	36929
commission to engage in the employee assistance profession;	36930

(b) Has education, training, and experience in all of the	36931
following:	36932

(i) Providing workplace-based services designed to address	36933
employer and employee productivity issues;	36934

(ii) Providing assistance to employees and employees'	36935
dependents in identifying and finding the means to resolve	36936
personal problems that affect the employees or the employees'	36937
performance;	36938

(iii) Identifying and resolving productivity problems	36939
associated with an employee's concerns about any of the following	36940
matters: health, marriage, family, finances, substance abuse or	36941
other addiction, workplace, law, and emotional issues;	36942

(iv) Selecting and evaluating available community resources;

36943

(v) Making appropriate referrals;

36944

(vi) Local and national employee assistance agreements;

36945

(vii) Client confidentiality.

36946

(3) Division (L)(1) of this section does not apply to any of	36947
the following:	36948

(a) A criminal action or proceeding involving an offense	36949
under sections 2903.01 to 2903.06 of the Revised Code if the	36950
employee assistance professional's disclosure or testimony relates	36951
directly to the facts or immediate circumstances of the offense;	36952

(b) A communication made by a client to an employee	36953
assistance professional that reveals the contemplation or	36954
commission of a crime or serious, harmful act;	36955

(c) A communication that is made by a client who is an	36956
unemancipated minor or an adult adjudicated to be incompetent and	36957
indicates that the client was the victim of a crime or abuse;	36958

(d) A civil proceeding to determine an individual's mental	36959
competency or a criminal action in which a plea of not guilty by	36960
reason of insanity is entered;	36961

(e) A civil or criminal malpractice action brought against	36962
the employee assistance professional;	36963

(f) When the employee assistance professional has the express	36964
consent of the client or, if the client is deceased or disabled,	36965
the client's legal representative;	36966

(g) When the testimonial privilege otherwise provided by	36967
division (L)(1) of this section is abrogated under law.	36968

Sec. 2317.422. (A) Notwithstanding sections 2317.40 and	36969
2317.41 of the Revised Code but subject to division (B) of this	36970
section, the records, or copies or photographs of the records, of	36971
a hospital, homes required to be licensed pursuant to section	36972
3721.01 of the Revised Code, and adult care facilities required to	36973
be licensed pursuant to Chapter ~~3722.~~5119. of the Revised Code,	36974
in lieu of the testimony in open court of their custodian, person	36975
who made them, or person under whose supervision they were made,	36976
may be qualified as authentic evidence if any such person endorses	36977
thereon the person's verified certification identifying such	36978
records, giving the mode and time of their preparation, and	36979
stating that they were prepared in the usual course of the	36980
business of the institution. Such records, copies, or photographs	36981
may not be qualified by certification as provided in this section	36982
unless the party intending to offer them delivers a copy of them,	36983
or of their relevant portions, to the attorney of record for each	36984
adverse party not less than five days before trial. Nothing in	36985
this section shall be construed to limit the right of any party to	36986
call the custodian, person who made such records, or person under	36987
whose supervision they were made, as a witness.	36988

(B) Division (A) of this section does not apply to any	36989
certified copy of the results of any test given to determine the	36990
presence or concentration of alcohol, a drug of abuse, a	36991
combination of them, a controlled substance, or a metabolite of a	36992
controlled substance in a patient's whole blood, blood serum or	36993
plasma, breath, or urine at any time relevant to a criminal	36994
offense that is submitted in a criminal action or proceeding in	36995
accordance with division (B)(2)(b) or (B)(3)(b) of section 2317.02	36996
of the Revised Code.	36997

Sec. 2319.27. Except as section 147.08 of the Revised Code	36998
governs the fees chargeable by a notary public for services	36999
rendered in connection with depositions, the fees and expenses	37000
chargeable for the taking and certifying of a deposition by a	37001
person who is authorized to do so in this state, including, but	37002
not limited to, a ~~shorthand~~ reporter, stenographer, or person	37003
described in Civil Rule 28, may be established by that person	37004
subject to the qualification specified in this section, and may be	37005
different than the fees and expenses charged for the taking and	37006
certifying of depositions by similar persons in other areas of	37007
this state. Unless, prior to the taking and certifying of a	37008
deposition, the parties who request it agree that the fees or	37009
expenses to be charged may exceed the usual and customary fees or	37010
expenses charged in the particular community for similar services,	37011
such a person shall not charge fees or expenses in connection with	37012
the taking and certifying of the deposition that exceed those	37013
usual and customary fees and expenses.	37014

The person taking and certifying a deposition may retain the	37015
deposition until the fees and expenses that hethe person charged	37016
are paid. HeThe person also shall tax the costs, if any, of a	37017
sheriff or other officer who serves any process in connection with	37018
the taking of a deposition and the fees of the witnesses, and, if	37019
directed by a person entitled to those costs or fees, may retain	37020
the deposition until those costs or fees are paid.	37021

Sec. 2329.26. (A) Lands and tenements taken in execution	37022
shall not be sold until all of the following occur:	37023

(1)(a) Except as otherwise provided in division (A)(1)(b) of	37024
this section, the judgment creditor who seeks the sale of the	37025
lands and tenements or the judgment creditor's attorney does both	37026
of the following:	37027

(i) Causes a written notice of the date, time, and place of	37028
the sale to be served in accordance with divisions (A) and (B) of	37029
Civil Rule 5 upon the judgment debtor and upon each other party to	37030
the action in which the judgment giving rise to the execution was	37031
rendered;	37032

(ii) At least seven calendar days prior to the date of the	37033
sale, files with the clerk of the court that rendered the judgment	37034
giving rise to the execution a copy of the written notice	37035
described in division (A)(1)(a)(i) of this section with proof of	37036
service endorsed on the copy in the form described in division (D)	37037
of Civil Rule 5.	37038

(b) Service of the written notice described in division	37039
(A)(1)(a)(i) of this section is not required to be made upon any	37040
party who is in default for failure to appear in the action in	37041
which the judgment giving rise to the execution was rendered.	37042

(2) The officer taking the lands and tenements gives public	37043
notice of the date, time, and place of the sale for at least three	37044
weeks before the day of sale by advertisement in a newspaper	37045
~~published in and~~ of general circulation in the county. The	37046
newspaper shall meet the requirements of section 7.12 of the	37047
Revised Code. The court ordering the sale may designate in the	37048
order of sale the newspaper in which this public notice shall be	37049
published~~, and this public notice is subject to division (A) of~~	37050
~~section 2329.27 of the Revised Code~~.	37051

(3) The officer taking the lands and tenements shall collect	37052
the purchaser's information required by section 2329.271 of the	37053
Revised Code.	37054

(B) A sale of lands and tenements taken in execution may be	37055
set aside in accordance with division (A) or (B) of section	37056
2329.27 of the Revised Code.	37057

Sec. 2335.05. In all cases or proceedings not specified in	37058
sections 2335.06 and 2335.08 of the Revised Code, except as	37059
otherwise provided in section 2335.061 of the Revised Code, each	37060
person subpoenaed as a witness shall be allowed one dollar for	37061
each day's attendance and the mileage allowed in courts of record.	37062
~~When~~If not subpoenaed each person called upon to testify in a	37063
case or proceeding shall receive twenty-five cents. Such fee shall	37064
be taxed in the bill of costs, and if incurred in a state or	37065
ordinance case, or in a proceeding before a public officer, board,	37066
or commission, the fee shall be paid out of the proper public	37067
treasury, upon the certificate of the court, officer, board, or	37068
commission conducting the proceeding.	37069

Sec. 2335.06. ~~Each~~(A) Except as otherwise provided in	37070
section 2335.061 of the Revised Code, each witness in civil cases	37071
shall receive the following fees:	37072

~~(A)~~(1) Twelve dollars for each full day's attendance and six	37073
dollars for each half day's attendance at a court of record,	37074
mayor's court, or before a person authorized to take depositions,	37075
to be taxed in the bill of costs. Each witness shall also receive	37076
reimbursement for each mile necessarily traveled to and from the	37077
witness's place of residence to the place of giving testimony, to	37078
be taxed in the bill of costs. The board of county commissioners	37079
of each county shall set the reimbursement rate for each mile	37080
necessarily traveled by a witness in a civil case in the common	37081
pleas court, any division of the common pleas court, a county	37082
court, or a county-operated municipal court. The rate shall not	37083
exceed fifty and one-half cents for each mile.	37084

~~(B)~~(2) For attending a coroner's inquest, the same fees and	37085
mileage provided by division (A)(1) of this section, payable from	37086
the county treasury on the certificate of the coroner.	37087

~~(C)~~(B) As used in this section, "full day's attendance" means	37088
a day on which a witness is required or requested to be present at	37089
proceedings before and after twelve noon regardless of whether the	37090
witness actually testifies; "half day's attendance" means a day on	37091
which a witness is required or requested to be present at	37092
proceedings either before or after twelve noon, but not both,	37093
regardless of whether the witness actually testifies.	37094

Sec. 2335.061. (A) As used in this section:

37095

(1) "Coroner" has the same meaning as in section 313.01 of	37096
the Revised Code, and includes the following:	37097

(a) The coroner of a county other than a county in which the	37098
death occurred or the dead human body was found if the coroner of	37099
that other county performed services for the county in which the	37100
death occurred or the dead human body was found;	37101

(b) A medical examiner appointed by the governing authority	37102
of a county to perform the duties of a coroner set forth in	37103
Chapter 313. of the Revised Code.	37104

(2) "Deposition fee" means the amount derived by multiplying	37105
the hourly rate by the number of hours a coroner or deputy coroner	37106
spent preparing for and giving expert testimony at a deposition in	37107
a civil action pursuant to this section.	37108

(3) "Deputy coroner" means a pathologist serving as a deputy	37109
coroner.	37110

(4) "Expert testimony" means testimony given by a coroner or	37111
deputy coroner as an expert witness pursuant to this section and	37112
the Rules of Evidence.	37113

(5) "Fact testimony" means testimony given by a coroner or	37114
deputy coroner regarding the performance of the duties of the	37115
coroner as set forth in Chapter 313. of the Revised Code. "Fact	37116
testimony" does not include expert testimony.	37117

(6) "Hourly rate" means the compensation established in	37118
sections 325.15 and 325.18 of the Revised Code for a coroner	37119
without a private practice of medicine at the class 8 level for	37120
calendar year 2001 and thereafter, divided by two thousand eighty.	37121

(7) "Testimonial fee" means the amount derived by multiplying	37122
the hourly rate by six and multiplying the product by the number	37123
of hours that a coroner or deputy coroner spent preparing for and	37124
giving expert testimony at a trial or hearing in a civil action	37125
pursuant to this section.	37126

(B)(1) A party may subpoena a coroner or deputy coroner to	37127
give expert testimony at a trial, hearing, or deposition in a	37128
civil action only upon filing with the court a notice that	37129
includes all of the following:	37130

(a) The name of the coroner or deputy coroner whose testimony	37131
is sought;	37132

(b) A brief statement of the issues upon which the party	37133
seeks expert testimony from the coroner or deputy coroner;	37134

(c) An acknowledgment by the party that the giving of expert	37135
testimony by the coroner or deputy coroner at the trial, hearing,	37136
or deposition is governed by this section and that the party will	37137
comply with all of the requirements of this section;	37138

(d) A statement of the obligations of the coroner or deputy	37139
coroner under division (C) of this section.	37140

(2) The notice under division (B)(1) of this section shall be	37141
served together with the subpoena.	37142

(C) A party that obtains the expert testimony of a coroner or	37143
deputy coroner at a trial, hearing, or deposition in a civil	37144
action pursuant to division (B) or (D) of this section shall pay	37145
to the treasury of the county in which the coroner or deputy	37146
coroner holds office or is appointed or employed a testimonial fee	37147
or deposition fee, whichever is applicable, within thirty days	37148
after receiving the statement described in this division. Upon the	37149
conclusion of the coroner's or deputy coroner's expert testimony,	37150
the coroner or deputy coroner shall file a statement with the	37151
court on behalf of the county in which the coroner or deputy	37152
coroner holds office or is appointed or employed showing the fee	37153
due and how the coroner or deputy coroner calculated the fee. The	37154
coroner or deputy coroner shall serve a copy of the statement on	37155
each of the parties.	37156

(D) For good cause shown, the court may permit a coroner or	37157
deputy coroner who has not been served with a subpoena under	37158
division (B) of this section to give expert testimony at a trial,	37159
hearing, or deposition in a civil action. Unless good cause is	37160
shown, the failure of a party to file with the court the notice	37161
described in division (B)(1) of this section prohibits the party	37162
from having a coroner or deputy coroner subpoenaed to give expert	37163
testimony at a trial, hearing, or deposition in a civil action or	37164
from otherwise calling the coroner or a deputy coroner to give	37165
expert testimony at a trial, hearing, or deposition in a civil	37166
action.	37167

(E) In the event of a dispute as to the contents of the	37168
notice filed by a party under division (B) of this section or as	37169
to the nature of the testimony sought from or given by a coroner	37170
or a deputy coroner at a trial, hearing, or deposition in a civil	37171
action, the court shall determine whether the testimony sought	37172
from or given by the coroner or deputy coroner is expert testimony	37173
or fact testimony. In making this determination, the court shall	37174
consider all of the following:	37175

(1) The definitions of "expert testimony" and "fact	37176
testimony" set forth in this section;	37177

(2) All applicable rules of evidence;

37178

(3) Any other information that the court considers relevant.

37179

(F) Nothing in this section shall be construed to alter,	37180
amend, or supersede the requirements of the Rules of Civil	37181
Procedure or the Rules of Evidence.	37182

Sec. 2501.16. (A) Each court of appeals may appoint one or	37183
more official ~~shorthand~~ reporters, law clerks, secretaries, and	37184
any other employees that the court considers necessary for its	37185
efficient operation.	37186

The clerk of the court of common pleas, acting as the clerk	37187
of the court of appeals for the county, shall perform the duties	37188
otherwise performed and collect the fees otherwise collected by	37189
the clerk of the court of common pleas, as set forth in section	37190
2303.03 of the Revised Code, and shall maintain the files and	37191
records of the court. The clerk of the court of common pleas,	37192
acting as the clerk of the court of appeals for the county, may	37193
refuse to accept for filing any pleading or paper submitted for	37194
filing by a person who has been found to be a vexatious litigator	37195
under section 2323.52 of the Revised Code and who has failed to	37196
obtain leave from the court of appeals to proceed under that	37197
section. The overhead expenses pertaining to the office of the	37198
clerk of the court of common pleas that result from the clerk's	37199
acting as clerk of the court of appeals for the county, other than	37200
wages and salaries, shall be paid from the funds provided under	37201
sections 2501.18 and 2501.181 of the Revised Code.	37202

Each officer and employee appointed pursuant to this section	37203
shall take an oath of office, serve at the pleasure of the court,	37204
and perform any duties that the court directs. Each ~~shorthand~~	37205
reporter shall have the powers that are vested in official	37206
~~shorthand~~ reporters of the court of common pleas under sections	37207
2301.18 to 2301.26 of the Revised Code. Whenever an opinion, per	37208
curiam, or report of a case has been prepared in accordance with	37209
section 2503.20 of the Revised Code, the official ~~shorthand~~	37210
reporter immediately shall forward one copy of the opinion, per	37211
curiam, or report to the reporter of the supreme court, without	37212
expense to the reporter.	37213

(B) The court of appeals may determine that, for the	37214
efficient operation of the court, additional funds are necessary	37215
to acquire and pay for special projects of the court, including,	37216
but not limited to, the acquisition of additional facilities or	37217
the rehabilitation of existing facilities, the acquisition of	37218
equipment, the hiring and training of staff, the employment of	37219
magistrates, the training and education of judges, acting judges,	37220
and magistrates, community service programs, and other related	37221
services. Upon that determination, the court by rule may charge a	37222
fee, in addition to all other court costs, on the filing of each	37223
case or cause over which the court has jurisdiction.	37224

If the court of appeals offers a special program or service	37225
in cases of a specific type, the court by rule may assess an	37226
additional charge in a case of that type, over and above court	37227
costs, to cover the special program or service. The court shall	37228
adjust the special assessment periodically, but not retroactively,	37229
so that the amount assessed in those cases does not exceed the	37230
actual cost of providing the service or program.	37231

All moneys collected under division (B) of this section shall	37232
be paid to the county treasurer of the county selected as the	37233
principal seat of that court of appeals for deposit into either a	37234
general special projects fund or a fund established for a specific	37235
special project. Moneys from a fund of that nature shall be	37236
disbursed upon an order of the court in an amount no greater than	37237
the actual cost to the court of a project. If a specific fund is	37238
terminated because of the discontinuance of a program or service	37239
established under division (B) of this section, the court may	37240
order that moneys remaining in the fund be transferred to an	37241
account established under this division for a similar purpose.	37242

Sec. 2501.17. Each officer and employee of a court of	37243
appeals appointed under section 2501.16 of the Revised Code shall	37244
receive the compensation that is fixed by the court of appeals and	37245
payable from the state treasury upon the certificate of the	37246
presiding or administrative judge of the district in which the	37247
officer or employee serves. The additional amount of compensation	37248
that the clerk of the court of common pleas receives for acting as	37249
the clerk of the court of appeals in ~~his~~the clerk's county and	37250
assuming the duties of that office and that is equal to one-eighth	37251
of the annual compensation that hethe clerk receives pursuant to	37252
sections 325.08 and 325.18 of the Revised Code for being the clerk	37253
of the court of common pleas is payable from the state treasury	37254
upon the certificate of the presiding or administrative judge of	37255
the district in which the clerk serves.	37256

~~Shorthand reporters~~Reporters may receive additional	37257
compensation for transcripts of evidence, the fee for the	37258
transcripts to be fixed by the judges of the court of appeals and	37259
paid and collected in the same manner as the fees for transcripts	37260
furnished by official ~~shorthand~~ reporters of the court of common	37261
pleas under section 2301.24 of the Revised Code. ~~Shorthand~~	37262
~~reporters~~Reporters appointed for a term of less than one year	37263
shall receive a per diem compensation of not less than thirty	37264
dollars per day. All ~~shorthand~~ reporters shall receive their	37265
actual expenses for traveling when attending court in any county	37266
other than that in which they reside, to be paid as provided by	37267
section ~~2301.24~~2301.22 of the Revised Code.	37268

Sec. 2743.09. The clerk of the court of claims shall do all	37269
of the following:	37270

(A) Administer oaths and take and certify affidavits,	37271
depositions, and acknowledgments of powers of attorney and other	37272
instruments in writing;	37273

(B) Prepare the dockets, enter and record the orders,	37274
judgments, decisions, awards, and proceedings of the court of	37275
claims and the court of claims commissioners, and issue writs and	37276
process;	37277

(C) Maintain an office in Franklin county in rooms provided	37278
by the supreme court for that purpose;	37279

(D) Keep an appearance docket of civil actions, claims for an	37280
award of reparations, and appeals from decisions of the court of	37281
claims commissioners. The clerk may refuse to accept for filing	37282
any pleading or paper that relates to a civil action in the court	37283
of claims and that is submitted for filing by a person who has	37284
been found to be a vexatious litigator under section 2323.52 of	37285
the Revised Code and who has failed to obtain leave to proceed	37286
under that section.	37287

Upon the commencement of an action or claim, the clerk shall	37288
assign it a number. This number shall be placed on the first page,	37289
and every continuation page, of the appearance docket that	37290
concerns the particular action or claim. In addition, this number	37291
and the names of the parties shall be placed on the case file, and	37292
every paper filed in the action or claim.	37293

At the time the action is commenced the clerk shall enter in	37294
the appearance docket the names of the parties in full and the	37295
names of counsel and shall index the action alphabetically by the	37296
last name of each party. Thereafter, the clerk shall	37297
chronologically note in the appearance docket all process issued	37298
and returns, pleas, motions, papers filed in the action, orders,	37299
verdicts, and judgments. The notations shall be brief but shall	37300
show the date of filing, substance, and journal volume and page of	37301
each order, verdict, and judgment. An action is commenced for	37302
purposes of this division by the filing of a complaint, including	37303
a form complaint under section 2743.10 of the Revised Code or a	37304
petition for removal.	37305

At the time an appeal for an award of reparations is	37306
commenced, the clerk shall enter the full names of the claimant,	37307
the victim, and the attorneys in the appearance docket and shall	37308
index the claim alphabetically by the last name of the claimant	37309
and the victim. Thereafter, the clerk shall chronologically note	37310
in the appearance docket all process issued and returns, motions,	37311
papers filed in the claim, orders, decisions, and awards. The	37312
notations shall be brief but shall show the date of filing,	37313
substance, and journal volume and page of each order.	37314

(E) Keep all original papers filed in an action or claim in a	37315
separate file folder and a journal in which all orders, verdicts,	37316
and judgments of the court and commissioners shall be recorded;	37317

(F) Charge and collect fees pursuant to section 2303.20 of	37318
the Revised Code, keep a cashbook in which the clerk shall enter	37319
the amounts received, make a report to the clerk of the supreme	37320
court each quarter of the fees received during the preceding	37321
quarter, and pay them monthly into the state treasury;	37322

(G) Appoint stenographers, ~~shorthand~~ reporters, and other	37323
clerical personnel;	37324

(H) Under the direction of the chief justice, establish	37325
procedures for hearing and determining appeals for an award of	37326
reparations pursuant to sections 2743.51 to 2743.72 of the Revised	37327
Code.	37328

Sec. 2744.05. Notwithstanding any other provisions of the	37329
Revised Code or rules of a court to the contrary, in an action	37330
against a political subdivision to recover damages for injury,	37331
death, or loss to person or property caused by an act or omission	37332
in connection with a governmental or proprietary function:	37333

(A) Punitive or exemplary damages shall not be awarded.

37334

(B)(1) If a claimant receives or is entitled to receive	37335
benefits for injuries or loss allegedly incurred from a policy or	37336
policies of insurance or any other source, the benefits shall be	37337
disclosed to the court, and the amount of the benefits shall be	37338
deducted from any award against a political subdivision recovered	37339
by that claimant. No insurer or other person is entitled to bring	37340
an action under a subrogation provision in an insurance or other	37341
contract against a political subdivision with respect to those	37342
benefits.	37343

The amount of the benefits shall be deducted from an award	37344
against a political subdivision under division (B)(1) of this	37345
section regardless of whether the claimant may be under an	37346
obligation to pay back the benefits upon recovery, in whole or in	37347
part, for the claim. A claimant whose benefits have been deducted	37348
from an award under division (B)(1) of this section is not	37349
considered fully compensated and shall not be required to	37350
reimburse a subrogated claim for benefits deducted from an award	37351
pursuant to division (B)(1) of this section.	37352

(2) Nothing in division (B)(1) of this section shall be	37353
construed to do either of the following:	37354

(a) Limit the rights of a beneficiary under a life insurance	37355
policy or the rights of sureties under fidelity or surety bonds;	37356

(b) Prohibit the department of job and family services from	37357
recovering from the political subdivision, pursuant to section	37358
5101.58 of the Revised Code, the cost of medical assistance	37359
benefits provided under ~~sections 5101.5211 to 5101.5216 or~~ Chapter	37360
5107., or 5111. of the Revised Code.	37361

(C)(1) There shall not be any limitation on compensatory	37362
damages that represent the actual loss of the person who is	37363
awarded the damages. However, except in wrongful death actions	37364
brought pursuant to Chapter 2125. of the Revised Code, damages	37365
that arise from the same cause of action, transaction or	37366
occurrence, or series of transactions or occurrences and that do	37367
not represent the actual loss of the person who is awarded the	37368
damages shall not exceed two hundred fifty thousand dollars in	37369
favor of any one person. The limitation on damages that do not	37370
represent the actual loss of the person who is awarded the damages	37371
provided in this division does not apply to court costs that are	37372
awarded to a plaintiff, or to interest on a judgment rendered in	37373
favor of a plaintiff, in an action against a political	37374
subdivision.	37375

(2) As used in this division, "the actual loss of the person	37376
who is awarded the damages" includes all of the following:	37377

(a) All wages, salaries, or other compensation lost by the	37378
person injured as a result of the injury, including wages,	37379
salaries, or other compensation lost as of the date of a judgment	37380
and future expected lost earnings of the person injured;	37381

(b) All expenditures of the person injured or another person	37382
on behalf of the person injured for medical care or treatment, for	37383
rehabilitation services, or for other care, treatment, services,	37384
products, or accommodations that were necessary because of the	37385
injury;	37386

(c) All expenditures to be incurred in the future, as	37387
determined by the court, by the person injured or another person	37388
on behalf of the person injured for medical care or treatment, for	37389
rehabilitation services, or for other care, treatment, services,	37390
products, or accommodations that will be necessary because of the	37391
injury;	37392

(d) All expenditures of a person whose property was injured	37393
or destroyed or of another person on behalf of the person whose	37394
property was injured or destroyed in order to repair or replace	37395
the property that was injured or destroyed;	37396

(e) All expenditures of the person injured or of the person	37397
whose property was injured or destroyed or of another person on	37398
behalf of the person injured or of the person whose property was	37399
injured or destroyed in relation to the actual preparation or	37400
presentation of the claim involved;	37401

(f) Any other expenditures of the person injured or of the	37402
person whose property was injured or destroyed or of another	37403
person on behalf of the person injured or of the person whose	37404
property was injured or destroyed that the court determines	37405
represent an actual loss experienced because of the personal or	37406
property injury or property loss.	37407

"The actual loss of the person who is awarded the damages"	37408
does not include any fees paid or owed to an attorney for any	37409
services rendered in relation to a personal or property injury or	37410
property loss, and does not include any damages awarded for pain	37411
and suffering, for the loss of society, consortium, companionship,	37412
care, assistance, attention, protection, advice, guidance,	37413
counsel, instruction, training, or education of the person	37414
injured, for mental anguish, or for any other intangible loss.	37415

Sec. 2903.33. As used in sections 2903.33 to 2903.36 of the	37416
Revised Code:	37417

(A) "Care facility" means any of the following:

37418

(1) Any "home" as defined in section 3721.10 or 5111.20 of	37419
the Revised Code;	37420

(2) Any "residential facility" as defined in section 5123.19	37421
of the Revised Code;	37422

(3) Any institution or facility operated or provided by the	37423
department of mental health or by the department of developmental	37424
disabilities pursuant to sections 5119.02 and 5123.03 of the	37425
Revised Code;	37426

(4) Any "residential facility" as defined in section 5119.22	37427
of the Revised Code;	37428

(5) Any unit of any hospital, as defined in section 3701.01	37429
of the Revised Code, that provides the same services as a nursing	37430
home, as defined in section 3721.01 of the Revised Code;	37431

(6) Any institution, residence, or facility that provides,	37432
for a period of more than twenty-four hours, whether for a	37433
consideration or not, accommodations to one individual or two	37434
unrelated individuals who are dependent upon the services of	37435
others;	37436

(7) Any "adult care facility" as defined in section ~~3722.01~~	37437
5119.70 of the Revised Code;	37438

(8) Any adult foster home certified ~~by the department of~~	37439
~~aging or its designee~~ under section ~~173.36~~5119.692 of the Revised	37440
Code.	37441

(B) "Abuse" means knowingly causing physical harm or	37442
recklessly causing serious physical harm to a person by physical	37443
contact with the person or by the inappropriate use of a physical	37444
or chemical restraint, medication, or isolation on the person.	37445

(C)(1) "Gross neglect" means knowingly failing to provide a	37446
person with any treatment, care, goods, or service that is	37447
necessary to maintain the health or safety of the person when the	37448
failure results in physical harm or serious physical harm to the	37449
person.	37450

(2) "Neglect" means recklessly failing to provide a person	37451
with any treatment, care, goods, or service that is necessary to	37452
maintain the health or safety of the person when the failure	37453
results in serious physical harm to the person.	37454

(D) "Inappropriate use of a physical or chemical restraint,	37455
medication, or isolation" means the use of physical or chemical	37456
restraint, medication, or isolation as punishment, for staff	37457
convenience, excessively, as a substitute for treatment, or in	37458
quantities that preclude habilitation and treatment.	37459

Sec. 2919.271. (A)(1)(a) If a defendant is charged with a	37460
violation of section 2919.27 of the Revised Code or of a municipal	37461
ordinance that is substantially similar to that section, the court	37462
may order an evaluation of the mental condition of the defendant	37463
if the court determines that either of the following criteria	37464
apply:	37465

(i) If the alleged violation is a violation of a protection	37466
order issued or consent agreement approved pursuant to section	37467
2919.26 or 3113.31 of the Revised Code, that the violation	37468
allegedly involves conduct by the defendant that caused physical	37469
harm to the person or property of a family or household member	37470
covered by the order or agreement, or conduct by the defendant	37471
that caused a family or household member to believe that the	37472
defendant would cause physical harm to that member or that	37473
member's property.	37474

(ii) If the alleged violation is a violation of a protection	37475
order issued pursuant to section 2903.213 or 2903.214 of the	37476
Revised Code or a protection order issued by a court of another	37477
state, that the violation allegedly involves conduct by the	37478
defendant that caused physical harm to the person or property of	37479
the person covered by the order, or conduct by the defendant that	37480
caused the person covered by the order to believe that the	37481
defendant would cause physical harm to that person or that	37482
person's property.	37483

(b) If a defendant is charged with a violation of section	37484
2903.211 of the Revised Code or of a municipal ordinance that is	37485
substantially similar to that section, the court may order an	37486
evaluation of the mental condition of the defendant.	37487

(2) An evaluation ordered under division (A)(1) of this	37488
section shall be completed no later than thirty days from the date	37489
the order is entered pursuant to that division. In that order, the	37490
court shall do either of the following:	37491

(a) Order that the evaluation of the mental condition of the	37492
defendant be preceded by an examination conducted either by a	37493
forensic center that is designated by the department of mental	37494
health to conduct examinations and make evaluations of defendants	37495
charged with violations of section 2903.211 or 2919.27 of the	37496
Revised Code or of substantially similar municipal ordinances in	37497
the area in which the court is located, or by any other program or	37498
facility that is designated by the department of mental health or	37499
the department of developmental disabilities to conduct	37500
examinations and make evaluations of defendants charged with	37501
violations of section 2903.211 or 2919.27 of the Revised Code or	37502
of substantially similar municipal ordinances, and that is	37503
operated by either department or is certified by either department	37504
as being in compliance with the standards established under	37505
division ~~(I)~~(H) of section 5119.01 of the Revised Code or division	37506
(C) of section 5123.04 of the Revised Code.	37507

(b) Designate a center, program, or facility other than one	37508
designated by the department of mental health or the department of	37509
developmental disabilities, as described in division (A)(2)(a) of	37510
this section, to conduct the evaluation and preceding examination	37511
of the mental condition of the defendant.	37512

Whether the court acts pursuant to division (A)(2)(a) or (b)	37513
of this section, the court may designate examiners other than the	37514
personnel of the center, program, facility, or department involved	37515
to make the evaluation and preceding examination of the mental	37516
condition of the defendant.	37517

(B) If the court considers that additional evaluations of the	37518
mental condition of a defendant are necessary following the	37519
evaluation authorized by division (A) of this section, the court	37520
may order up to two additional similar evaluations. These	37521
evaluations shall be completed no later than thirty days from the	37522
date the applicable court order is entered. If more than one	37523
evaluation of the mental condition of the defendant is ordered	37524
under this division, the prosecutor and the defendant may	37525
recommend to the court an examiner whom each prefers to perform	37526
one of the evaluations and preceding examinations.	37527

(C)(1) The court may order a defendant who has been released	37528
on bail to submit to an examination under division (A) or (B) of	37529
this section. The examination shall be conducted either at the	37530
detention facility in which the defendant would have been confined	37531
if the defendant had not been released on bail, or, if so	37532
specified by the center, program, facility, or examiners involved,	37533
at the premises of the center, program, or facility. Additionally,	37534
the examination shall be conducted at the times established by the	37535
examiners involved. If such a defendant refuses to submit to an	37536
examination or a complete examination as required by the court or	37537
the center, program, facility, or examiners involved, the court	37538
may amend the conditions of the bail of the defendant and order	37539
the sheriff to take the defendant into custody and deliver the	37540
defendant to the detention facility in which the defendant would	37541
have been confined if the defendant had not been released on bail,	37542
or, if so specified by the center, program, facility, or examiners	37543
involved, to the premises of the center, program, or facility, for	37544
purposes of the examination.	37545

(2) A defendant who has not been released on bail shall be	37546
examined at the detention facility in which the defendant is	37547
confined or, if so specified by the center, program, facility, or	37548
examiners involved, at the premises of the center, program, or	37549
facility.	37550

(D) The examiner of the mental condition of a defendant under	37551
division (A) or (B) of this section shall file a written report	37552
with the court within thirty days after the entry of an order for	37553
the evaluation of the mental condition of the defendant. The	37554
report shall contain the findings of the examiner; the facts in	37555
reasonable detail on which the findings are based; the opinion of	37556
the examiner as to the mental condition of the defendant; the	37557
opinion of the examiner as to whether the defendant represents a	37558
substantial risk of physical harm to other persons as manifested	37559
by evidence of recent homicidal or other violent behavior,	37560
evidence of recent threats that placed other persons in reasonable	37561
fear of violent behavior and serious physical harm, or evidence of	37562
present dangerousness; and the opinion of the examiner as to the	37563
types of treatment or counseling that the defendant needs. The	37564
court shall provide copies of the report to the prosecutor and	37565
defense counsel.	37566

(E) The costs of any evaluation and preceding examination of	37567
a defendant that is ordered pursuant to division (A) or (B) of	37568
this section shall be taxed as court costs in the criminal case.	37569

(F) If the examiner considers it necessary in order to make	37570
an accurate evaluation of the mental condition of a defendant, an	37571
examiner under division (A) or (B) of this section may request any	37572
family or household member of the defendant to provide the	37573
examiner with information. A family or household member may, but	37574
is not required to, provide information to the examiner upon	37575
receipt of the request.	37576

(G) As used in this section:

37577

(1) "Bail" includes a recognizance.

37578

(2) "Examiner" means a psychiatrist, a licensed independent	37579
social worker who is employed by a forensic center that is	37580
certified as being in compliance with the standards established	37581
under division ~~(I)~~(H) of section 5119.01 or division (C) of	37582
section 5123.04 of the Revised Code, a licensed professional	37583
clinical counselor who is employed at a forensic center that is	37584
certified as being in compliance with such standards, or a	37585
licensed clinical psychologist, except that in order to be an	37586
examiner, a licensed clinical psychologist shall meet the criteria	37587
of division (I)(1) of section 5122.01 of the Revised Code or be	37588
employed to conduct examinations by the department of mental	37589
health or by a forensic center certified as being in compliance	37590
with the standards established under division ~~(I)~~(H) of section	37591
5119.01 or division (C) of section 5123.04 of the Revised Code	37592
that is designated by the department of mental health.	37593

(3) "Family or household member" has the same meaning as in	37594
section 2919.25 of the Revised Code.	37595

(4) "Prosecutor" has the same meaning as in section 2935.01	37596
of the Revised Code.	37597

(5) "Psychiatrist" and "licensed clinical psychologist" have	37598
the same meanings as in section 5122.01 of the Revised Code.	37599

(6) "Protection order issued by a court of another state" has	37600
the same meaning as in section 2919.27 of the Revised Code.	37601

Sec. 2939.11. The official ~~shorthand~~ reporter of the county,	37602
or any ~~shorthand~~ reporter designated by the court of common pleas,	37603
at the request of the prosecuting attorney, or any such reporter	37604
designated by the attorney general in investigations conducted by	37605
~~him~~the attorney general, may take ~~shorthand~~ notes of, or	37606
electronically record, testimony before the grand jury, and	37607
furnish a transcript to the prosecuting attorney or the attorney	37608
general, and to no other person. The ~~shorthand~~ reporter shall	37609
withdraw from the jury room before the jurors begin to express	37610
their views or take their vote on the matter before them. Such	37611
reporter shall take an oath to be administered by the judge after	37612
the grand jury is sworn, imposing an obligation of secrecy to not	37613
disclose any testimony taken or heard except to the grand jury,	37614
prosecuting attorney, or attorney general, unless called upon in	37615
court to make disclosures.	37616

Sec. 2945.371. (A) If the issue of a defendant's competence	37617
to stand trial is raised or if a defendant enters a plea of not	37618
guilty by reason of insanity, the court may order one or more	37619
evaluations of the defendant's present mental condition or, in the	37620
case of a plea of not guilty by reason of insanity, of the	37621
defendant's mental condition at the time of the offense charged.	37622
An examiner shall conduct the evaluation.	37623

(B) If the court orders more than one evaluation under	37624
division (A) of this section, the prosecutor and the defendant may	37625
recommend to the court an examiner whom each prefers to perform	37626
one of the evaluations. If a defendant enters a plea of not guilty	37627
by reason of insanity and if the court does not designate an	37628
examiner recommended by the defendant, the court shall inform the	37629
defendant that the defendant may have independent expert	37630
evaluation and that, if the defendant is unable to obtain	37631
independent expert evaluation, it will be obtained for the	37632
defendant at public expense if the defendant is indigent.	37633

(C) If the court orders an evaluation under division (A) of	37634
this section, the defendant shall be available at the times and	37635
places established by the examiners who are to conduct the	37636
evaluation. The court may order a defendant who has been released	37637
on bail or recognizance to submit to an evaluation under this	37638
section. If a defendant who has been released on bail or	37639
recognizance refuses to submit to a complete evaluation, the court	37640
may amend the conditions of bail or recognizance and order the	37641
sheriff to take the defendant into custody and deliver the	37642
defendant to a center, program, or facility operated or certified	37643
by the department of mental health or the department of	37644
developmental disabilities where the defendant may be held for	37645
evaluation for a reasonable period of time not to exceed twenty	37646
days.	37647

(D) A defendant who has not been released on bail or	37648
recognizance may be evaluated at the defendant's place of	37649
detention. Upon the request of the examiner, the court may order	37650
the sheriff to transport the defendant to a program or facility	37651
operated or certified by the department of mental health or the	37652
department of developmental disabilities, where the defendant may	37653
be held for evaluation for a reasonable period of time not to	37654
exceed twenty days, and to return the defendant to the place of	37655
detention after the evaluation. A municipal court may make an	37656
order under this division only upon the request of a certified	37657
forensic center examiner.	37658

(E) If a court orders the evaluation to determine a	37659
defendant's mental condition at the time of the offense charged,	37660
the court shall inform the examiner of the offense with which the	37661
defendant is charged.	37662

(F) In conducting an evaluation of a defendant's mental	37663
condition at the time of the offense charged, the examiner shall	37664
consider all relevant evidence. If the offense charged involves	37665
the use of force against another person, the relevant evidence to	37666
be considered includes, but is not limited to, any evidence that	37667
the defendant suffered, at the time of the commission of the	37668
offense, from the "battered woman syndrome."	37669

(G) The examiner shall file a written report with the court	37670
within thirty days after entry of a court order for evaluation,	37671
and the court shall provide copies of the report to the prosecutor	37672
and defense counsel. The report shall include all of the	37673
following:	37674

(1) The examiner's findings;

37675

(2) The facts in reasonable detail on which the findings are	37676
based;	37677

(3) If the evaluation was ordered to determine the	37678
defendant's competence to stand trial, all of the following	37679
findings or recommendations that are applicable:	37680

(a) Whether the defendant is capable of understanding the	37681
nature and objective of the proceedings against the defendant or	37682
of assisting in the defendant's defense;	37683

(b) If the examiner's opinion is that the defendant is	37684
incapable of understanding the nature and objective of the	37685
proceedings against the defendant or of assisting in the	37686
defendant's defense, whether the defendant presently is mentally	37687
ill or mentally retarded and, if the examiner's opinion is that	37688
the defendant presently is mentally retarded, whether the	37689
defendant appears to be a mentally retarded person subject to	37690
institutionalization by court order;	37691

(c) If the examiner's opinion is that the defendant is	37692
incapable of understanding the nature and objective of the	37693
proceedings against the defendant or of assisting in the	37694
defendant's defense, the examiner's opinion as to the likelihood	37695
of the defendant becoming capable of understanding the nature and	37696
objective of the proceedings against the defendant and of	37697
assisting in the defendant's defense within one year if the	37698
defendant is provided with a course of treatment;	37699

(d) If the examiner's opinion is that the defendant is	37700
incapable of understanding the nature and objective of the	37701
proceedings against the defendant or of assisting in the	37702
defendant's defense and that the defendant presently is mentally	37703
ill or mentally retarded, the examiner's recommendation as to the	37704
least restrictive ~~treatment~~placement or commitment alternative,	37705
consistent with the defendant's treatment needs for restoration to	37706
competency and with the safety of the community;	37707

(e) If the defendant is charged with a misdemeanor offense	37708
that is not an offense of violence and the examiner's opinion is	37709
that the defendant is incapable of understanding the nature and	37710
objective of the proceedings against the defendant or of assisting	37711
in the defendant's defense and that the defendant is presently	37712
mentally ill or mentally retarded, the examiner's recommendation	37713
as to whether the defendant is amenable to engagement in mental	37714
health treatment or developmental disability services.	37715

(4) If the evaluation was ordered to determine the	37716
defendant's mental condition at the time of the offense charged,	37717
the examiner's findings as to whether the defendant, at the time	37718
of the offense charged, did not know, as a result of a severe	37719
mental disease or defect, the wrongfulness of the defendant's acts	37720
charged.	37721

(H) If the examiner's report filed under division (G) of this	37722
section indicates that in the examiner's opinion the defendant is	37723
incapable of understanding the nature and objective of the	37724
proceedings against the defendant or of assisting in the	37725
defendant's defense and that in the examiner's opinion the	37726
defendant appears to be a mentally retarded person subject to	37727
institutionalization by court order, the court shall order the	37728
defendant to undergo a separate mental retardation evaluation	37729
conducted by a psychologist designated by the director of	37730
developmental disabilities. Divisions (C) to (F) of this section	37731
apply in relation to a separate mental retardation evaluation	37732
conducted under this division. The psychologist appointed under	37733
this division to conduct the separate mental retardation	37734
evaluation shall file a written report with the court within	37735
thirty days after the entry of the court order requiring the	37736
separate mental retardation evaluation, and the court shall	37737
provide copies of the report to the prosecutor and defense	37738
counsel. The report shall include all of the information described	37739
in divisions (G)(1) to (4) of this section. If the court orders a	37740
separate mental retardation evaluation of a defendant under this	37741
division, the court shall not conduct a hearing under divisions	37742
(B) to (H) of section 2945.37 of the Revised Code regarding that	37743
defendant until a report of the separate mental retardation	37744
evaluation conducted under this division has been filed. Upon the	37745
filing of that report, the court shall conduct the hearing within	37746
the period of time specified in division (C) of section 2945.37 of	37747
the Revised Code.	37748

(I) An examiner appointed under divisions (A) and (B) of this	37749
section or under division (H) of this section to evaluate a	37750
defendant to determine the defendant's competence to stand trial	37751
also may be appointed to evaluate a defendant who has entered a	37752
plea of not guilty by reason of insanity, but an examiner of that	37753
nature shall prepare separate reports on the issue of competence	37754
to stand trial and the defense of not guilty by reason of	37755
insanity.	37756

(J) No statement that a defendant makes in an evaluation or	37757
hearing under divisions (A) to (H) of this section relating to the	37758
defendant's competence to stand trial or to the defendant's mental	37759
condition at the time of the offense charged shall be used against	37760
the defendant on the issue of guilt in any criminal action or	37761
proceeding, but, in a criminal action or proceeding, the	37762
prosecutor or defense counsel may call as a witness any person who	37763
evaluated the defendant or prepared a report pursuant to a	37764
referral under this section. Neither the appointment nor the	37765
testimony of an examiner appointed under this section precludes	37766
the prosecutor or defense counsel from calling other witnesses or	37767
presenting other evidence on competency or insanity issues.	37768

(K) Persons appointed as examiners under divisions (A) and	37769
(B) of this section or under division (H) of this section shall be	37770
paid a reasonable amount for their services and expenses, as	37771
certified by the court. The certified amount shall be paid by the	37772
county in the case of county courts and courts of common pleas and	37773
by the legislative authority, as defined in section 1901.03 of the	37774
Revised Code, in the case of municipal courts.	37775

Sec. 2945.38. (A) If the issue of a defendant's competence	37776
to stand trial is raised and if the court, upon conducting the	37777
hearing provided for in section 2945.37 of the Revised Code, finds	37778
that the defendant is competent to stand trial, the defendant	37779
shall be proceeded against as provided by law. If the court finds	37780
the defendant competent to stand trial and the defendant is	37781
receiving psychotropic drugs or other medication, the court may	37782
authorize the continued administration of the drugs or medication	37783
or other appropriate treatment in order to maintain the	37784
defendant's competence to stand trial, unless the defendant's	37785
attending physician advises the court against continuation of the	37786
drugs, other medication, or treatment.	37787

(B)(1)(a) If, after taking into consideration all relevant	37788
reports, information, and other evidence, the court finds that the	37789
defendant is incompetent to stand trial and that there is a	37790
substantial probability that the defendant will become competent	37791
to stand trial within one year if the defendant is provided with a	37792
course of treatment, the court shall order the defendant to	37793
undergo treatment. If the defendant has been charged with a felony	37794
offense and if, after taking into consideration all relevant	37795
reports, information, and other evidence, the court finds that the	37796
defendant is incompetent to stand trial, but the court is unable	37797
at that time to determine whether there is a substantial	37798
probability that the defendant will become competent to stand	37799
trial within one year if the defendant is provided with a course	37800
of treatment, the court shall order continuing evaluation and	37801
treatment of the defendant for a period not to exceed four months	37802
to determine whether there is a substantial probability that the	37803
defendant will become competent to stand trial within one year if	37804
the defendant is provided with a course of treatment.	37805

(b) The court order for the defendant to undergo treatment or	37806
continuing evaluation and treatment under division (B)(1)(a) of	37807
this section shall specify that the defendant, if determined to	37808
require mental health treatment or continuing evaluation and	37809
treatment, shall be committed to the department of mental health	37810
for treatment or continuing evaluation and treatment ~~shall occur~~	37811
at a hospital, facility, or agency, as determined to be clinically	37812
appropriate by the department of mental health and, if determined	37813
to require treatment or continuing evaluation and treatment for a	37814
developmental disability, shall receive treatment or continuing	37815
evaluation and treatment at an institution or facility operated by	37816
the department of ~~mental health or the department of~~ developmental	37817
disabilities, at a facility certified by ~~either of those~~	37818
~~departments~~the department of developmental disabilities as being	37819
qualified to treat ~~mental illness or~~ mental retardation, at a	37820
public or private community mental ~~health or mental~~ retardation	37821
facility, or by a ~~psychiatrist or another~~ mental ~~health or mental~~	37822
retardation professional. The order may restrict the defendant's	37823
freedom of movement as the court considers necessary. The	37824
prosecutor in the defendant's case shall send to the chief	37825
clinical officer of the hospital or, facility, or agency where	37826
the defendant is placed by the department of mental health, or to	37827
the managing officer of the institution, the director of the	37828
~~program~~facility, or the person to which the defendant is	37829
committed, copies of relevant police reports and other background	37830
information that pertains to the defendant and is available to the	37831
prosecutor unless the prosecutor determines that the release of	37832
any of the information in the police reports or any of the other	37833
background information to unauthorized persons would interfere	37834
with the effective prosecution of any person or would create a	37835
substantial risk of harm to any person.	37836

In committing the defendant to the department of mental	37837
health, the court shall consider the extent to which the person is	37838
a danger to the person and to others, the need for security, and	37839
the type of crime involved and, if the court finds that	37840
restrictions on the defendant's freedom of movement are necessary,	37841
shall specify the least restrictive limitations on the person's	37842
freedom of movement determined to be necessary to protect public	37843
safety. In determining ~~placement~~commitment alternatives for	37844
defendants determined to require treatment or continuing	37845
evaluation and treatment for developmental disabilities, the court	37846
shall consider the extent to which the person is a danger to the	37847
person and to others, the need for security, and the type of crime	37848
involved and shall order the least restrictive alternative	37849
available that is consistent with public safety and treatment	37850
goals. In weighing these factors, the court shall give preference	37851
to protecting public safety.	37852

(c) If the defendant is found incompetent to stand trial, if	37853
the chief clinical officer of the hospital or, facility, or agency	37854
where the defendant is placed, or the managing officer of the	37855
institution, the director of the ~~program~~facility, or the person	37856
to which the defendant is committed for treatment or continuing	37857
evaluation and treatment under division (B)(1)(b) of this section	37858
determines that medication is necessary to restore the defendant's	37859
competency to stand trial, and if the defendant lacks the capacity	37860
to give informed consent or refuses medication, the chief clinical	37861
officer of the hospital, facility, or agency where the defendant	37862
is placed, or the managing officer of the institution, the	37863
director of the facility, or the person to which the defendant is	37864
committed for treatment or continuing evaluation and treatment may	37865
petition the court for authorization for the involuntary	37866
administration of medication. The court shall hold a hearing on	37867
the petition within five days of the filing of the petition if the	37868
petition was filed in a municipal court or a county court	37869
regarding an incompetent defendant charged with a misdemeanor or	37870
within ten days of the filing of the petition if the petition was	37871
filed in a court of common pleas regarding an incompetent	37872
defendant charged with a felony offense. Following the hearing,	37873
the court may authorize the involuntary administration of	37874
medication or may dismiss the petition.	37875

(d) If the defendant is charged with a misdemeanor offense	37876
that is not an offense of violence, the prosecutor may hold the	37877
charges in abeyance while the defendant engages in mental health	37878
treatment or developmental disability services.	37879

(2) If the court finds that the defendant is incompetent to	37880
stand trial and that, even if the defendant is provided with a	37881
course of treatment, there is not a substantial probability that	37882
the defendant will become competent to stand trial within one	37883
year, the court shall order the discharge of the defendant, unless	37884
upon motion of the prosecutor or on its own motion, the court	37885
either seeks to retain jurisdiction over the defendant pursuant to	37886
section 2945.39 of the Revised Code or files an affidavit in the	37887
probate court for the civil commitment of the defendant pursuant	37888
to Chapter 5122. or 5123. of the Revised Code alleging that the	37889
defendant is a mentally ill person subject to hospitalization by	37890
court order or a mentally retarded person subject to	37891
institutionalization by court order. If an affidavit is filed in	37892
the probate court, the trial court shall send to the probate court	37893
copies of all written reports of the defendant's mental condition	37894
that were prepared pursuant to section 2945.371 of the Revised	37895
Code.	37896

The trial court may issue the temporary order of detention	37897
that a probate court may issue under section 5122.11 or 5123.71 of	37898
the Revised Code, to remain in effect until the probable cause or	37899
initial hearing in the probate court. Further proceedings in the	37900
probate court are civil proceedings governed by Chapter 5122. or	37901
5123. of the Revised Code.	37902

(C) No defendant shall be required to undergo treatment,	37903
including any continuing evaluation and treatment, under division	37904
(B)(1) of this section for longer than whichever of the following	37905
periods is applicable:	37906

(1) One year, if the most serious offense with which the	37907
defendant is charged is one of the following offenses:	37908

(a) Aggravated murder, murder, or an offense of violence for	37909
which a sentence of death or life imprisonment may be imposed;	37910

(b) An offense of violence that is a felony of the first or	37911
second degree;	37912

(c) A conspiracy to commit, an attempt to commit, or	37913
complicity in the commission of an offense described in division	37914
(C)(1)(a) or (b) of this section if the conspiracy, attempt, or	37915
complicity is a felony of the first or second degree.	37916

(2) Six months, if the most serious offense with which the	37917
defendant is charged is a felony other than a felony described in	37918
division (C)(1) of this section;	37919

(3) Sixty days, if the most serious offense with which the	37920
defendant is charged is a misdemeanor of the first or second	37921
degree;	37922

(4) Thirty days, if the most serious offense with which the	37923
defendant is charged is a misdemeanor of the third or fourth	37924
degree, a minor misdemeanor, or an unclassified misdemeanor.	37925

(D) Any defendant who is committed pursuant to this section	37926
shall not voluntarily admit the defendant or be voluntarily	37927
admitted to a hospital or institution pursuant to section 5122.02,	37928
5122.15, 5123.69, or 5123.76 of the Revised Code.	37929

(E) Except as otherwise provided in this division, a	37930
defendant who is charged with an offense and is committed by the	37931
court under this section to ~~a hospital~~the department of mental	37932
health with restrictions on the defendant's freedom of movement or	37933
~~other~~is committed to an institution ~~by the court under this~~	37934
~~section~~or facility for the treatment of developmental	37935
disabilities shall not be granted unsupervised on-grounds	37936
movement, supervised off-grounds movement, or nonsecured status	37937
except in accordance with the court order. The court may grant a	37938
defendant supervised off-grounds movement to obtain medical	37939
treatment or specialized habilitation treatment services if the	37940
person who supervises the treatment or the continuing evaluation	37941
and treatment of the defendant ordered under division (B)(1)(a) of	37942
this section informs the court that the treatment or continuing	37943
evaluation and treatment cannot be provided at the hospital or	37944
facility where the defendant is placed by the department of mental	37945
health or the institution or facility to which the defendant is	37946
committed. The chief clinical officer of the hospital or facility	37947
where the defendant is placed by the department of mental health	37948
or the managing officer of the institution or director of the	37949
facility to which the defendant is committed, or a designee of	37950
~~either~~any of those persons, may grant a defendant movement to a	37951
medical facility for an emergency medical situation with	37952
appropriate supervision to ensure the safety of the defendant,	37953
staff, and community during that emergency medical situation. The	37954
chief clinical officer of the hospital or facility where the	37955
defendant is placed by the department of mental health or the	37956
managing officer of the institution or director of the facility to	37957
which the defendant is committed shall notify the court within	37958
twenty-four hours of the defendant's movement to the medical	37959
facility for an emergency medical situation under this division.	37960

(F) The person who supervises the treatment or continuing	37961
evaluation and treatment of a defendant ordered to undergo	37962
treatment or continuing evaluation and treatment under division	37963
(B)(1)(a) of this section shall file a written report with the	37964
court at the following times:	37965

(1) Whenever the person believes the defendant is capable of	37966
understanding the nature and objective of the proceedings against	37967
the defendant and of assisting in the defendant's defense;	37968

(2) For a felony offense, fourteen days before expiration of	37969
the maximum time for treatment as specified in division (C) of	37970
this section and fourteen days before the expiration of the	37971
maximum time for continuing evaluation and treatment as specified	37972
in division (B)(1)(a) of this section, and, for a misdemeanor	37973
offense, ten days before the expiration of the maximum time for	37974
treatment, as specified in division (C) of this section;	37975

(3) At a minimum, after each six months of treatment;

37976

(4) Whenever the person who supervises the treatment or	37977
continuing evaluation and treatment of a defendant ordered under	37978
division (B)(1)(a) of this section believes that there is not a	37979
substantial probability that the defendant will become capable of	37980
understanding the nature and objective of the proceedings against	37981
the defendant or of assisting in the defendant's defense even if	37982
the defendant is provided with a course of treatment.	37983

(G) A report under division (F) of this section shall contain	37984
the examiner's findings, the facts in reasonable detail on which	37985
the findings are based, and the examiner's opinion as to the	37986
defendant's capability of understanding the nature and objective	37987
of the proceedings against the defendant and of assisting in the	37988
defendant's defense. If, in the examiner's opinion, the defendant	37989
remains incapable of understanding the nature and objective of the	37990
proceedings against the defendant and of assisting in the	37991
defendant's defense and there is a substantial probability that	37992
the defendant will become capable of understanding the nature and	37993
objective of the proceedings against the defendant and of	37994
assisting in the defendant's defense if the defendant is provided	37995
with a course of treatment, if in the examiner's opinion the	37996
defendant remains mentally ill or mentally retarded, and if the	37997
maximum time for treatment as specified in division (C) of this	37998
section has not expired, the report also shall contain the	37999
examiner's recommendation as to the least restrictive ~~treatment~~	38000
placement or commitment alternative that is consistent with the	38001
defendant's treatment needs for restoration to competency and with	38002
the safety of the community. The court shall provide copies of the	38003
report to the prosecutor and defense counsel.	38004

(H) If a defendant is committed pursuant to division (B)(1)	38005
of this section, within ten days after the treating physician of	38006
the defendant or the examiner of the defendant who is employed or	38007
retained by the treating facility advises that there is not a	38008
substantial probability that the defendant will become capable of	38009
understanding the nature and objective of the proceedings against	38010
the defendant or of assisting in the defendant's defense even if	38011
the defendant is provided with a course of treatment, within ten	38012
days after the expiration of the maximum time for treatment as	38013
specified in division (C) of this section, within ten days after	38014
the expiration of the maximum time for continuing evaluation and	38015
treatment as specified in division (B)(1)(a) of this section,	38016
within thirty days after a defendant's request for a hearing that	38017
is made after six months of treatment, or within thirty days after	38018
being advised by the treating physician or examiner that the	38019
defendant is competent to stand trial, whichever is the earliest,	38020
the court shall conduct another hearing to determine if the	38021
defendant is competent to stand trial and shall do whichever of	38022
the following is applicable:	38023

(1) If the court finds that the defendant is competent to	38024
stand trial, the defendant shall be proceeded against as provided	38025
by law.	38026

(2) If the court finds that the defendant is incompetent to	38027
stand trial, but that there is a substantial probability that the	38028
defendant will become competent to stand trial if the defendant is	38029
provided with a course of treatment, and the maximum time for	38030
treatment as specified in division (C) of this section has not	38031
expired, the court, after consideration of the examiner's	38032
recommendation, shall order that treatment be continued, may	38033
change the ~~facility or program at which the treatment is to be~~	38034
~~continued~~least restrictive limitations on the defendant's freedom	38035
of movement, and, if applicable, shall specify whether the	38036
treatment for developmental disabilities is to be continued at the	38037
same or a different facility or ~~program~~institution.	38038

(3) If the court finds that the defendant is incompetent to	38039
stand trial, if the defendant is charged with an offense listed in	38040
division (C)(1) of this section, and if the court finds that there	38041
is not a substantial probability that the defendant will become	38042
competent to stand trial even if the defendant is provided with a	38043
course of treatment, or if the maximum time for treatment relative	38044
to that offense as specified in division (C) of this section has	38045
expired, further proceedings shall be as provided in sections	38046
2945.39, 2945.401, and 2945.402 of the Revised Code.	38047

(4) If the court finds that the defendant is incompetent to	38048
stand trial, if the most serious offense with which the defendant	38049
is charged is a misdemeanor or a felony other than a felony listed	38050
in division (C)(1) of this section, and if the court finds that	38051
there is not a substantial probability that the defendant will	38052
become competent to stand trial even if the defendant is provided	38053
with a course of treatment, or if the maximum time for treatment	38054
relative to that offense as specified in division (C) of this	38055
section has expired, the court shall dismiss the indictment,	38056
information, or complaint against the defendant. A dismissal under	38057
this division is not a bar to further prosecution based on the	38058
same conduct. The court shall discharge the defendant unless the	38059
court or prosecutor files an affidavit in probate court for civil	38060
commitment pursuant to Chapter 5122. or 5123. of the Revised Code.	38061
If an affidavit for civil commitment is filed, the court may	38062
detain the defendant for ten days pending civil commitment. All of	38063
the following provisions apply to persons charged with a	38064
misdemeanor or a felony other than a felony listed in division	38065
(C)(1) of this section who are committed by the probate court	38066
subsequent to the court's or prosecutor's filing of an affidavit	38067
for civil commitment under authority of this division:	38068

(a) The chief clinical officer of the entity, hospital, or	38069
facility, the managing officer of the institution~~, the director of~~	38070
~~the program~~, or the person to which the defendant is committed or	38071
admitted shall do all of the following:	38072

(i) Notify the prosecutor, in writing, of the discharge of	38073
the defendant, send the notice at least ten days prior to the	38074
discharge unless the discharge is by the probate court, and state	38075
in the notice the date on which the defendant will be discharged;	38076

(ii) Notify the prosecutor, in writing, when the defendant is	38077
absent without leave or is granted unsupervised, off-grounds	38078
movement, and send this notice promptly after the discovery of the	38079
absence without leave or prior to the granting of the	38080
unsupervised, off-grounds movement, whichever is applicable;	38081

(iii) Notify the prosecutor, in writing, of the change of the	38082
defendant's commitment or admission to voluntary status, send the	38083
notice promptly upon learning of the change to voluntary status,	38084
and state in the notice the date on which the defendant was	38085
committed or admitted on a voluntary status.	38086

(b) Upon receiving notice that the defendant will be granted	38087
unsupervised, off-grounds movement, the prosecutor either shall	38088
re-indict the defendant or promptly notify the court that the	38089
prosecutor does not intend to prosecute the charges against the	38090
defendant.	38091

(I) If a defendant is convicted of a crime and sentenced to a	38092
jail or workhouse, the defendant's sentence shall be reduced by	38093
the total number of days the defendant is confined for evaluation	38094
to determine the defendant's competence to stand trial or	38095
treatment under this section and sections 2945.37 and 2945.371 of	38096
the Revised Code or by the total number of days the defendant is	38097
confined for evaluation to determine the defendant's mental	38098
condition at the time of the offense charged.	38099

Sec. 2945.39. (A) If a defendant who is charged with an	38100
offense described in division (C)(1) of section 2945.38 of the	38101
Revised Code is found incompetent to stand trial, after the	38102
expiration of the maximum time for treatment as specified in	38103
division (C) of that section or after the court finds that there	38104
is not a substantial probability that the defendant will become	38105
competent to stand trial even if the defendant is provided with a	38106
course of treatment, one of the following applies:	38107

(1) The court or the prosecutor may file an affidavit in	38108
probate court for civil commitment of the defendant in the manner	38109
provided in Chapter 5122. or 5123. of the Revised Code. If the	38110
court or prosecutor files an affidavit for civil commitment, the	38111
court may detain the defendant for ten days pending civil	38112
commitment. If the probate court commits the defendant subsequent	38113
to the court's or prosecutor's filing of an affidavit for civil	38114
commitment, the chief clinical officer of the entity, hospital, or	38115
facility, the managing officer of the institution, ~~the director of~~	38116
~~the program,~~ or the person to which the defendant is committed or	38117
admitted shall send to the prosecutor the notices described in	38118
divisions (H)(4)(a)(i) to (iii) of section 2945.38 of the Revised	38119
Code within the periods of time and under the circumstances	38120
specified in those divisions.	38121

(2) On the motion of the prosecutor or on its own motion, the	38122
court may retain jurisdiction over the defendant if, at a hearing,	38123
the court finds both of the following by clear and convincing	38124
evidence:	38125

(a) The defendant committed the offense with which the	38126
defendant is charged.	38127

(b) The defendant is a mentally ill person subject to	38128
hospitalization by court order or a mentally retarded person	38129
subject to institutionalization by court order.	38130

(B) In making its determination under division (A)(2) of this	38131
section as to whether to retain jurisdiction over the defendant,	38132
the court may consider all relevant evidence, including, but not	38133
limited to, any relevant psychiatric, psychological, or medical	38134
testimony or reports, the acts constituting the offense charged,	38135
and any history of the defendant that is relevant to the	38136
defendant's ability to conform to the law.	38137

(C) If the court conducts a hearing as described in division	38138
(A)(2) of this section and if the court does not make both	38139
findings described in divisions (A)(2)(a) and (b) of this section	38140
by clear and convincing evidence, the court shall dismiss the	38141
indictment, information, or complaint against the defendant. Upon	38142
the dismissal, the court shall discharge the defendant unless the	38143
court or prosecutor files an affidavit in probate court for civil	38144
commitment of the defendant pursuant to Chapter 5122. or 5123. of	38145
the Revised Code. If the court or prosecutor files an affidavit	38146
for civil commitment, the court may order that the defendant be	38147
detained for up to ten days pending the civil commitment. If the	38148
probate court commits the defendant subsequent to the court's or	38149
prosecutor's filing of an affidavit for civil commitment, the	38150
chief clinical officer of the entity, hospital, or facility, the	38151
managing officer of the institution, ~~the director of the program,~~	38152
or the person to which the defendant is committed or admitted	38153
shall send to the prosecutor the notices described in divisions	38154
(H)(4)(a)(i) to (iii) of section 2945.38 of the Revised Code	38155
within the periods of time and under the circumstances specified	38156
in those divisions. A dismissal of charges under this division is	38157
not a bar to further criminal proceedings based on the same	38158
conduct.	38159

(D)(1) If the court conducts a hearing as described in	38160
division (A)(2) of this section and if the court makes the	38161
findings described in divisions (A)(2)(a) and (b) of this section	38162
by clear and convincing evidence, the court shall commit the	38163
defendant, if determined to require mental health treatment, to a	38164
~~hospital operated by~~ the department of mental health for treatment	38165
at a hospital, facility, or agency as determined clinically	38166
appropriate by the department of mental health or, if determined	38167
to require treatment for developmental disabilities, to a facility	38168
operated by the department of developmental disabilities, or	38169
another ~~medical or psychiatric~~ facility, as appropriate. In	38170
committing the defendant to the department of mental health, the	38171
court shall specify the least restrictive limitations on the	38172
defendant's freedom of movement determined to be necessary to	38173
protect public safety. In determining the place and nature of the	38174
commitment to a facility operated by the department of	38175
developmental disabilities or another facility for treatment of	38176
developmental disabilities, the court shall order the least	38177
restrictive commitment alternative available that is consistent	38178
with public safety and the welfare of the defendant. In weighing	38179
these factors, the court shall give preference to protecting	38180
public safety.	38181

(2) If a court makes a commitment of a defendant under	38182
division (D)(1) of this section, the prosecutor shall send to the	38183
hospital, facility, or agency where the defendant is placed by the	38184
department of mental health or to the defendant's place of	38185
commitment all reports of the defendant's current mental condition	38186
and, except as otherwise provided in this division, any other	38187
relevant information, including, but not limited to, a transcript	38188
of the hearing held pursuant to division (A)(2) of this section,	38189
copies of relevant police reports, and copies of any prior arrest	38190
and conviction records that pertain to the defendant and that the	38191
prosecutor possesses. The prosecutor shall send the reports of the	38192
defendant's current mental condition in every case of commitment,	38193
and, unless the prosecutor determines that the release of any of	38194
the other relevant information to unauthorized persons would	38195
interfere with the effective prosecution of any person or would	38196
create a substantial risk of harm to any person, the prosecutor	38197
also shall send the other relevant information. ~~Upon admission of~~	38198
~~a defendant committed under division (D)(1) of this section, the~~	38199
~~place of commitment shall send to the board of alcohol, drug~~	38200
~~addiction, and mental health services or the community mental~~	38201
~~health board serving the county in which the charges against the~~	38202
~~defendant were filed a copy of all reports of the defendant's~~	38203
~~current mental condition and a copy of the other relevant~~	38204
~~information provided by the prosecutor under this division,~~	38205
~~including, if provided, a transcript of the hearing held pursuant~~	38206
~~to division (A)(2) of this section, the relevant police reports,~~	38207
~~and the prior arrest and conviction records that pertain to the~~	38208
~~defendant and that the prosecutor possesses.~~	38209

(3) If a court makes a commitment under division (D)(1) of	38210
this section, all further proceedings shall be in accordance with	38211
sections 2945.401 and 2945.402 of the Revised Code.	38212

Sec. 2945.40. (A) If a person is found not guilty by reason	38213
of insanity, the verdict shall state that finding, and the trial	38214
court shall conduct a full hearing to determine whether the person	38215
is a mentally ill person subject to hospitalization by court order	38216
or a mentally retarded person subject to institutionalization by	38217
court order. Prior to the hearing, if the trial judge believes	38218
that there is probable cause that the person found not guilty by	38219
reason of insanity is a mentally ill person subject to	38220
hospitalization by court order or mentally retarded person subject	38221
to institutionalization by court order, the trial judge may issue	38222
a temporary order of detention for that person to remain in effect	38223
for ten court days or until the hearing, whichever occurs first.	38224

Any person detained pursuant to a temporary order of	38225
detention issued under this division shall be held in a suitable	38226
facility, taking into consideration the place and type of	38227
confinement prior to and during trial.	38228

(B) The court shall hold the hearing under division (A) of	38229
this section to determine whether the person found not guilty by	38230
reason of insanity is a mentally ill person subject to	38231
hospitalization by court order or a mentally retarded person	38232
subject to institutionalization by court order within ten court	38233
days after the finding of not guilty by reason of insanity.	38234
Failure to conduct the hearing within the ten-day period shall	38235
cause the immediate discharge of the respondent, unless the judge	38236
grants a continuance for not longer than ten court days for good	38237
cause shown or for any period of time upon motion of the	38238
respondent.	38239

(C) If a person is found not guilty by reason of insanity,	38240
the person has the right to attend all hearings conducted pursuant	38241
to sections 2945.37 to 2945.402 of the Revised Code. At any	38242
hearing conducted pursuant to one of those sections, the court	38243
shall inform the person that the person has all of the following	38244
rights:	38245

(1) The right to be represented by counsel and to have that	38246
counsel provided at public expense if the person is indigent, with	38247
the counsel to be appointed by the court under Chapter 120. of the	38248
Revised Code or under the authority recognized in division (C) of	38249
section 120.06, division (E) of section 120.16, division (E) of	38250
section 120.26, or section 2941.51 of the Revised Code;	38251

(2) The right to have independent expert evaluation and to	38252
have that independent expert evaluation provided at public expense	38253
if the person is indigent;	38254

(3) The right to subpoena witnesses and documents, to present	38255
evidence on the person's behalf, and to cross-examine witnesses	38256
against the person;	38257

(4) The right to testify in the person's own behalf and to	38258
not be compelled to testify;	38259

(5) The right to have copies of any relevant medical or	38260
mental health document in the custody of the state or of any place	38261
of commitment other than a document for which the court finds that	38262
the release to the person of information contained in the document	38263
would create a substantial risk of harm to any person.	38264

(D) The hearing under division (A) of this section shall be	38265
open to the public, and the court shall conduct the hearing in	38266
accordance with the Rules of Civil Procedure. The court shall make	38267
and maintain a full transcript and record of the hearing	38268
proceedings. The court may consider all relevant evidence,	38269
including, but not limited to, any relevant psychiatric,	38270
psychological, or medical testimony or reports, the acts	38271
constituting the offense in relation to which the person was found	38272
not guilty by reason of insanity, and any history of the person	38273
that is relevant to the person's ability to conform to the law.	38274

(E) Upon completion of the hearing under division (A) of this	38275
section, if the court finds there is not clear and convincing	38276
evidence that the person is a mentally ill person subject to	38277
hospitalization by court order or a mentally retarded person	38278
subject to institutionalization by court order, the court shall	38279
discharge the person, unless a detainer has been placed upon the	38280
person by the department of rehabilitation and correction, in	38281
which case the person shall be returned to that department.	38282

(F) If, at the hearing under division (A) of this section,	38283
the court finds by clear and convincing evidence that the person	38284
is a mentally ill person subject to hospitalization by court order	38285
or, the court shall commit the person to the department of mental	38286
health for placement in a hospital, facility, or agency as	38287
determined clinically appropriate by the department of mental	38288
health. If, at the hearing under division (A) of this section, the	38289
court finds by clear and convincing evidence that the person is a	38290
mentally retarded person subject to institutionalization by court	38291
order, it shall commit the person to a ~~hospital operated by the~~	38292
~~department of mental health, a~~ facility operated by the department	38293
of developmental disabilities, or another ~~medical or psychiatric~~	38294
facility, as appropriate~~, and further~~. Further proceedings shall	38295
be in accordance with sections 2945.401 and 2945.402 of the	38296
Revised Code. In committing the person to the department of mental	38297
health, the court shall specify the least restrictive limitations	38298
to the defendant's freedom of movement determined to be necessary	38299
to protect public safety. In determining the place and nature of	38300
the commitment of a mentally retarded person subject to	38301
institutionalization by court order, the court shall order the	38302
least restrictive commitment alternative available that is	38303
consistent with public safety and the welfare of the person. In	38304
weighing these factors, the court shall give preference to	38305
protecting public safety.	38306

(G) If a court makes a commitment of a person under division	38307
(F) of this section, the prosecutor shall send to the hospital,	38308
facility, or agency where the person is placed by the department	38309
of mental health or to the defendant's place of commitment all	38310
reports of the person's current mental condition, and, except as	38311
otherwise provided in this division, any other relevant	38312
information, including, but not limited to, a transcript of the	38313
hearing held pursuant to division (A) of this section, copies of	38314
relevant police reports, and copies of any prior arrest and	38315
conviction records that pertain to the person and that the	38316
prosecutor possesses. The prosecutor shall send the reports of the	38317
person's current mental condition in every case of commitment,	38318
and, unless the prosecutor determines that the release of any of	38319
the other relevant information to unauthorized persons would	38320
interfere with the effective prosecution of any person or would	38321
create a substantial risk of harm to any person, the prosecutor	38322
also shall send the other relevant information. ~~Upon admission of~~	38323
~~a person committed under division (F) of this section, the place~~	38324
~~of commitment shall send to the board of alcohol, drug addiction,~~	38325
~~and mental health services or the community mental health board~~	38326
~~serving the county in which the charges against the person were~~	38327
~~filed a copy of all reports of the person's current mental~~	38328
~~condition and a copy of the other relevant information provided by~~	38329
~~the prosecutor under this division, including, if provided, a~~	38330
~~transcript of the hearing held pursuant to division (A) of this~~	38331
~~section, the relevant police reports, and the prior arrest and~~	38332
~~conviction records that pertain to the person and that the~~	38333
~~prosecutor possesses.~~	38334

(H) A person who is committed pursuant to this section shall	38335
not voluntarily admit the person or be voluntarily admitted to a	38336
hospital or institution pursuant to section 5122.02, 5122.15,	38337
5123.69, or 5123.76 of the Revised Code.	38338

Sec. 2945.401. (A) A defendant found incompetent to stand	38339
trial and committed pursuant to section 2945.39 of the Revised	38340
Code or a person found not guilty by reason of insanity and	38341
committed pursuant to section 2945.40 of the Revised Code shall	38342
remain subject to the jurisdiction of the trial court pursuant to	38343
that commitment, and to the provisions of this section, until the	38344
final termination of the commitment as described in division	38345
(J)(1) of this section. If the jurisdiction is terminated under	38346
this division because of the final termination of the commitment	38347
resulting from the expiration of the maximum prison term or term	38348
of imprisonment described in division (J)(1)(b) of this section,	38349
the court or prosecutor may file an affidavit for the civil	38350
commitment of the defendant or person pursuant to Chapter 5122. or	38351
5123. of the Revised Code.	38352

(B) A hearing conducted under any provision of sections	38353
2945.37 to 2945.402 of the Revised Code shall not be conducted in	38354
accordance with Chapters 5122. and 5123. of the Revised Code. Any	38355
person who is committed pursuant to section 2945.39 or 2945.40 of	38356
the Revised Code shall not voluntarily admit the person or be	38357
voluntarily admitted to a hospital or institution pursuant to	38358
section 5122.02, 5122.15, 5123.69, or 5123.76 of the Revised Code.	38359
All other provisions of Chapters 5122. and 5123. of the Revised	38360
Code regarding hospitalization or institutionalization shall apply	38361
to the extent they are not in conflict with this chapter. A	38362
commitment under section 2945.39 or 2945.40 of the Revised Code	38363
shall not be terminated and the conditions of the commitment shall	38364
not be changed except as otherwise provided in division (D)(2) of	38365
this section with respect to a mentally retarded person subject to	38366
institutionalization by court order or except by order of the	38367
trial court.	38368

(C) The ~~hospital,~~department of mental health or the	38369
institution or facility~~, or program~~ to which a defendant or person	38370
has been committed under section 2945.39 or 2945.40 of the Revised	38371
Code shall report in writing to the trial court, at the times	38372
specified in this division, as to whether the defendant or person	38373
remains a mentally ill person subject to hospitalization by court	38374
order or a mentally retarded person subject to	38375
institutionalization by court order and, in the case of a	38376
defendant committed under section 2945.39 of the Revised Code, as	38377
to whether the defendant remains incompetent to stand trial. The	38378
~~hospital~~department, institution, or facility~~, or program~~ shall	38379
make the reports after the initial six months of treatment and	38380
every two years after the initial report is made. The trial court	38381
shall provide copies of the reports to the prosecutor and to the	38382
counsel for the defendant or person. Within thirty days after its	38383
receipt pursuant to this division of a report from ~~a hospital~~the	38384
department, institution, or facility~~, or program~~, the trial court	38385
shall hold a hearing on the continued commitment of the defendant	38386
or person or on any changes in the conditions of the commitment of	38387
the defendant or person. The defendant or person may request a	38388
change in the conditions of confinement, and the trial court shall	38389
conduct a hearing on that request if six months or more have	38390
elapsed since the most recent hearing was conducted under this	38391
section.	38392

(D)(1) Except as otherwise provided in division (D)(2) of	38393
this section, when a defendant or person has been committed under	38394
section 2945.39 or 2945.40 of the Revised Code, at any time after	38395
evaluating the risks to public safety and the welfare of the	38396
defendant or person, the ~~chief clinical officer~~designee of the	38397
department of mental health or the managing officer of the	38398
institution or director of the ~~hospital,~~ facility~~, or program~~ to	38399
which the defendant or person is committed may recommend a	38400
termination of the defendant's or person's commitment or a change	38401
in the conditions of the defendant's or person's commitment.	38402

Except as otherwise provided in division (D)(2) of this	38403
section, if the ~~chief clinical officer~~designee of the department	38404
of mental health recommends on-grounds unsupervised movement,	38405
off-grounds supervised movement, or nonsecured status for the	38406
defendant or person or termination of the defendant's or person's	38407
commitment, the following provisions apply:	38408

(a) If the ~~chief clinical officer~~department's designee	38409
recommends on-grounds unsupervised movement or off-grounds	38410
supervised movement, the ~~chief clinical officer~~department's	38411
designee shall file with the trial court an application for	38412
approval of the movement and shall send a copy of the application	38413
to the prosecutor. Within fifteen days after receiving the	38414
application, the prosecutor may request a hearing on the	38415
application and, if a hearing is requested, shall so inform the	38416
~~chief clinical officer~~department's designee. If the prosecutor	38417
does not request a hearing within the fifteen-day period, the	38418
trial court shall approve the application by entering its order	38419
approving the requested movement or, within five days after the	38420
expiration of the fifteen-day period, shall set a date for a	38421
hearing on the application. If the prosecutor requests a hearing	38422
on the application within the fifteen-day period, the trial court	38423
shall hold a hearing on the application within thirty days after	38424
the hearing is requested. If the trial court, within five days	38425
after the expiration of the fifteen-day period, sets a date for a	38426
hearing on the application, the trial court shall hold the hearing	38427
within thirty days after setting the hearing date. At least	38428
fifteen days before any hearing is held under this division, the	38429
trial court shall give the prosecutor written notice of the date,	38430
time, and place of the hearing. At the conclusion of each hearing	38431
conducted under this division, the trial court either shall	38432
approve or disapprove the application and shall enter its order	38433
accordingly.	38434

(b) If the ~~chief clinical officer~~department's designee	38435
recommends termination of the defendant's or person's commitment	38436
at any time or if the ~~chief clinical officer~~department's designee	38437
recommends the first of any nonsecured status for the defendant or	38438
person, the ~~chief clinical officer~~department's designee shall	38439
send written notice of this recommendation to the trial court and	38440
to the local forensic center. The local forensic center shall	38441
evaluate the committed defendant or person and, within thirty days	38442
after its receipt of the written notice, shall submit to the trial	38443
court and the ~~chief clinical officer~~department's designee a	38444
written report of the evaluation. The trial court shall provide a	38445
copy of the ~~chief clinical officer's~~department's designee's	38446
written notice and of the local forensic center's written report	38447
to the prosecutor and to the counsel for the defendant or person.	38448
Upon the local forensic center's submission of the report to the	38449
trial court and the ~~chief clinical officer~~department's designee,	38450
all of the following apply:	38451

(i) If the forensic center disagrees with the recommendation	38452
of the ~~chief clinical officer~~department's designee, it shall	38453
inform the ~~chief clinical officer~~department's designee and the	38454
trial court of its decision and the reasons for the decision. The	38455
~~chief clinical officer~~department's designee, after consideration	38456
of the forensic center's decision, shall either withdraw, proceed	38457
with, or modify and proceed with the recommendation. If the ~~chief~~	38458
~~clinical officer~~department's designee proceeds with, or modifies	38459
and proceeds with, the recommendation, the ~~chief clinical officer~~	38460
department's designee shall proceed in accordance with division	38461
(D)(1)(b)(iii) of this section.	38462

(ii) If the forensic center agrees with the recommendation of	38463
the ~~chief clinical officer~~department's designee, it shall inform	38464
the ~~chief clinical officer~~department's designee and the trial	38465
court of its decision and the reasons for the decision, and the	38466
~~chief clinical officer~~department's designee shall proceed in	38467
accordance with division (D)(1)(b)(iii) of this section.	38468

(iii) If the forensic center disagrees with the	38469
recommendation of the ~~chief clinical officer~~ department's	38470
designee and the ~~chief clinical officer~~department's designee	38471
proceeds with, or modifies and proceeds with, the recommendation	38472
or if the forensic center agrees with the recommendation of the	38473
~~chief clinical officer~~department's designee, the ~~chief clinical~~	38474
~~officer~~department's designee shall work with ~~the board~~community	38475
mental health agencies, programs, facilities, or boards of	38476
alcohol, drug addiction, and mental health services ~~or community~~	38477
~~mental health board serving the area, as appropriate,~~ to develop a	38478
plan to implement the recommendation. If the defendant or person	38479
is on medication, the plan shall include, but shall not be limited	38480
to, a system to monitor the defendant's or person's compliance	38481
with the prescribed medication treatment plan. The system shall	38482
include a schedule that clearly states when the defendant or	38483
person shall report for a medication compliance check. The	38484
medication compliance checks shall be based upon the effective	38485
duration of the prescribed medication, taking into account the	38486
route by which it is taken, and shall be scheduled at intervals	38487
sufficiently close together to detect a potential increase in	38488
mental illness symptoms that the medication is intended to	38489
prevent.	38490

The ~~chief clinical officer, after consultation with the board~~	38491
~~of alcohol, drug addiction, and mental health services or the~~	38492
~~community mental health board serving the area,~~department's	38493
designee shall send the recommendation and plan developed under	38494
division (D)(1)(b)(iii) of this section, in writing, to the trial	38495
court, the prosecutor and the counsel for the committed defendant	38496
or person. The trial court shall conduct a hearing on the	38497
recommendation and plan developed under division (D)(1)(b)(iii) of	38498
this section. Divisions (D)(1)(c) and (d) and (E) to (J) of this	38499
section apply regarding the hearing.	38500

(c) If the ~~chief clinical officer's~~department's designee's	38501
recommendation is for nonsecured status or termination of	38502
commitment, the prosecutor may obtain an independent expert	38503
evaluation of the defendant's or person's mental condition, and	38504
the trial court may continue the hearing on the recommendation for	38505
a period of not more than thirty days to permit time for the	38506
evaluation.	38507

The prosecutor may introduce the evaluation report or present	38508
other evidence at the hearing in accordance with the Rules of	38509
Evidence.	38510

(d) The trial court shall schedule the hearing on a ~~chief~~	38511
~~clinical officer's~~department's designee's recommendation for	38512
nonsecured status or termination of commitment and shall give	38513
reasonable notice to the prosecutor and the counsel for the	38514
defendant or person. Unless continued for independent evaluation	38515
at the prosecutor's request or for other good cause, the hearing	38516
shall be held within thirty days after the trial court's receipt	38517
of the recommendation and plan.	38518

(2)(a) Division (D)(1) of this section does not apply to	38519
on-grounds unsupervised movement of a defendant or person who has	38520
been committed under section 2945.39 or 2945.40 of the Revised	38521
Code, who is a mentally retarded person subject to	38522
institutionalization by court order, and who is being provided	38523
residential habilitation, care, and treatment in a facility	38524
operated by the department of developmental disabilities.	38525

(b) If, pursuant to section 2945.39 of the Revised Code, the	38526
trial court commits a defendant who is found incompetent to stand	38527
trial and who is a mentally retarded person subject to	38528
institutionalization by court order, if the defendant is being	38529
provided residential habilitation, care, and treatment in a	38530
facility operated by the department of developmental disabilities,	38531
if an individual who is conducting a survey for the department of	38532
health to determine the facility's compliance with the	38533
certification requirements of the medicaid program under Chapter	38534
5111. of the Revised Code and Title XIX of the "Social Security	38535
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, cites the	38536
defendant's receipt of the residential habilitation, care, and	38537
treatment in the facility as being inappropriate under the	38538
certification requirements, if the defendant's receipt of the	38539
residential habilitation, care, and treatment in the facility	38540
potentially jeopardizes the facility's continued receipt of	38541
federal medicaid moneys, and if as a result of the citation the	38542
chief clinical officer of the facility determines that the	38543
conditions of the defendant's commitment should be changed, the	38544
department of developmental disabilities may cause the defendant	38545
to be removed from the particular facility and, after evaluating	38546
the risks to public safety and the welfare of the defendant and	38547
after determining whether another type of placement is consistent	38548
with the certification requirements, may place the defendant in	38549
another facility that the department selects as an appropriate	38550
facility for the defendant's continued receipt of residential	38551
habilitation, care, and treatment and that is a no less secure	38552
setting than the facility in which the defendant had been placed	38553
at the time of the citation. Within three days after the	38554
defendant's removal and alternative placement under the	38555
circumstances described in division (D)(2)(b) of this section, the	38556
department of developmental disabilities shall notify the trial	38557
court and the prosecutor in writing of the removal and alternative	38558
placement.	38559

The trial court shall set a date for a hearing on the removal	38560
and alternative placement, and the hearing shall be held within	38561
twenty-one days after the trial court's receipt of the notice from	38562
the department of developmental disabilities. At least ten days	38563
before the hearing is held, the trial court shall give the	38564
prosecutor, the department of developmental disabilities, and the	38565
counsel for the defendant written notice of the date, time, and	38566
place of the hearing. At the hearing, the trial court shall	38567
consider the citation issued by the individual who conducted the	38568
survey for the department of health to be prima-facie evidence of	38569
the fact that the defendant's commitment to the particular	38570
facility was inappropriate under the certification requirements of	38571
the medicaid program under Chapter 5111. of the Revised Code and	38572
Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42	38573
U.S.C.A. 301, as amended, and potentially jeopardizes the	38574
particular facility's continued receipt of federal medicaid	38575
moneys. At the conclusion of the hearing, the trial court may	38576
approve or disapprove the defendant's removal and alternative	38577
placement. If the trial court approves the defendant's removal and	38578
alternative placement, the department of developmental	38579
disabilities may continue the defendant's alternative placement.	38580
If the trial court disapproves the defendant's removal and	38581
alternative placement, it shall enter an order modifying the	38582
defendant's removal and alternative placement, but that order	38583
shall not require the department of developmental disabilities to	38584
replace the defendant for purposes of continued residential	38585
habilitation, care, and treatment in the facility associated with	38586
the citation issued by the individual who conducted the survey for	38587
the department of health.	38588

(E) In making a determination under this section regarding	38589
nonsecured status or termination of commitment, the trial court	38590
shall consider all relevant factors, including, but not limited	38591
to, all of the following:	38592

(1) Whether, in the trial court's view, the defendant or	38593
person currently represents a substantial risk of physical harm to	38594
the defendant or person or others;	38595

(2) Psychiatric and medical testimony as to the current	38596
mental and physical condition of the defendant or person;	38597

(3) Whether the defendant or person has insight into the	38598
dependant's or person's condition so that the defendant or person	38599
will continue treatment as prescribed or seek professional	38600
assistance as needed;	38601

(4) The grounds upon which the state relies for the proposed	38602
commitment;	38603

(5) Any past history that is relevant to establish the	38604
defendant's or person's degree of conformity to the laws, rules,	38605
regulations, and values of society;	38606

(6) If there is evidence that the defendant's or person's	38607
mental illness is in a state of remission, the medically suggested	38608
cause and degree of the remission and the probability that the	38609
defendant or person will continue treatment to maintain the	38610
remissive state of the defendant's or person's illness should the	38611
defendant's or person's commitment conditions be altered.	38612

(F) At any hearing held pursuant to division (C) or (D)(1) or	38613
(2) of this section, the defendant or the person shall have all	38614
the rights of a defendant or person at a commitment hearing as	38615
described in section 2945.40 of the Revised Code.	38616

(G) In a hearing held pursuant to division (C) or (D)(1) of	38617
this section, the prosecutor has the burden of proof as follows:	38618

(1) For a recommendation of termination of commitment, to	38619
show by clear and convincing evidence that the defendant or person	38620
remains a mentally ill person subject to hospitalization by court	38621
order or a mentally retarded person subject to	38622
institutionalization by court order;	38623

(2) For a recommendation for a change in the conditions of	38624
the commitment to a less restrictive status, to show by clear and	38625
convincing evidence that the proposed change represents a threat	38626
to public safety or a threat to the safety of any person.	38627

(H) In a hearing held pursuant to division (C) or (D)(1) or	38628
(2) of this section, the prosecutor shall represent the state or	38629
the public interest.	38630

(I) At the conclusion of a hearing conducted under division	38631
(D)(1) of this section regarding a recommendation from the ~~chief~~	38632
~~clinical officer~~designee of the department of mental health,	38633
managing officer of the institution, or director of a ~~hospital,~~	38634
~~program, or~~ facility, the trial court may approve, disapprove, or	38635
modify the recommendation and shall enter an order accordingly.	38636

(J)(1) A defendant or person who has been committed pursuant	38637
to section 2945.39 or 2945.40 of the Revised Code continues to be	38638
under the jurisdiction of the trial court until the final	38639
termination of the commitment. For purposes of division (J) of	38640
this section, the final termination of a commitment occurs upon	38641
the earlier of one of the following:	38642

(a) The defendant or person no longer is a mentally ill	38643
person subject to hospitalization by court order or a mentally	38644
retarded person subject to institutionalization by court order, as	38645
determined by the trial court;	38646

(b) The expiration of the maximum prison term or term of	38647
imprisonment that the defendant or person could have received if	38648
the defendant or person had been convicted of the most serious	38649
offense with which the defendant or person is charged or in	38650
relation to which the defendant or person was found not guilty by	38651
reason of insanity;	38652

(c) The trial court enters an order terminating the	38653
commitment under the circumstances described in division	38654
(J)(2)(a)(ii) of this section.	38655

(2)(a) If a defendant is found incompetent to stand trial and	38656
committed pursuant to section 2945.39 of the Revised Code, if	38657
neither of the circumstances described in divisions (J)(1)(a) and	38658
(b) of this section applies to that defendant, and if a report	38659
filed with the trial court pursuant to division (C) of this	38660
section indicates that the defendant presently is competent to	38661
stand trial or if, at any other time during the period of the	38662
defendant's commitment, the prosecutor, the counsel for the	38663
defendant, or the ~~chief clinical officer~~designee of the	38664
department of mental health or the managing officer of the	38665
institution or director of the ~~hospital,~~ facility~~, or program~~ to	38666
which the defendant is committed files an application with the	38667
trial court alleging that the defendant presently is competent to	38668
stand trial and requesting a hearing on the competency issue or	38669
the trial court otherwise has reasonable cause to believe that the	38670
defendant presently is competent to stand trial and determines on	38671
its own motion to hold a hearing on the competency issue, the	38672
trial court shall schedule a hearing on the competency of the	38673
defendant to stand trial, shall give the prosecutor, the counsel	38674
for the defendant, and the ~~chief clinical officer~~department's	38675
designee or the managing officer of the institution or the	38676
director of the facility to which the defendant is committed	38677
notice of the date, time, and place of the hearing at least	38678
fifteen days before the hearing, and shall conduct the hearing	38679
within thirty days of the filing of the application or of its own	38680
motion. If, at the conclusion of the hearing, the trial court	38681
determines that the defendant presently is capable of	38682
understanding the nature and objective of the proceedings against	38683
the defendant and of assisting in the defendant's defense, the	38684
trial court shall order that the defendant is competent to stand	38685
trial and shall be proceeded against as provided by law with	38686
respect to the applicable offenses described in division (C)(1) of	38687
section 2945.38 of the Revised Code and shall enter whichever of	38688
the following additional orders is appropriate:	38689

(i) If the trial court determines that the defendant remains	38690
a mentally ill person subject to hospitalization by court order or	38691
a mentally retarded person subject to institutionalization by	38692
court order, the trial court shall order that the defendant's	38693
commitment to the ~~hospital,~~department of mental health or to an	38694
institution or facility~~, or program~~for the treatment of	38695
developmental disabilities be continued during the pendency of the	38696
trial on the applicable offenses described in division (C)(1) of	38697
section 2945.38 of the Revised Code.	38698

(ii) If the trial court determines that the defendant no	38699
longer is a mentally ill person subject to hospitalization by	38700
court order or a mentally retarded person subject to	38701
institutionalization by court order, the trial court shall order	38702
that the defendant's commitment to the ~~hospital,~~department of	38703
mental health or to an institution or facility~~, or program~~for the	38704
treatment of developmental disabilities shall not be continued	38705
during the pendency of the trial on the applicable offenses	38706
described in division (C)(1) of section 2945.38 of the Revised	38707
Code. This order shall be a final termination of the commitment	38708
for purposes of division (J)(1)(c) of this section.	38709

(b) If, at the conclusion of the hearing described in	38710
division (J)(2)(a) of this section, the trial court determines	38711
that the defendant remains incapable of understanding the nature	38712
and objective of the proceedings against the defendant or of	38713
assisting in the defendant's defense, the trial court shall order	38714
that the defendant continues to be incompetent to stand trial,	38715
that the defendant's commitment to the ~~hospital,~~department of	38716
mental health or to an institution or facility~~, or program~~for the	38717
treatment of developmental disabilities shall be continued, and	38718
that the defendant remains subject to the jurisdiction of the	38719
trial court pursuant to that commitment, and to the provisions of	38720
this section, until the final termination of the commitment as	38721
described in division (J)(1) of this section.	38722

Sec. 2945.402. (A) In approving a conditional release, the	38723
trial court may set any conditions on the release with respect to	38724
the treatment, evaluation, counseling, or control of the defendant	38725
or person that the court considers necessary to protect the public	38726
safety and the welfare of the defendant or person. The trial court	38727
may revoke a defendant's or person's conditional release and order	38728
~~rehospitalization~~reinstatement of the previous placement or	38729
reinstitutionalization at any time the conditions of the release	38730
have not been satisfied, provided that the revocation shall be in	38731
accordance with this section.	38732

(B) A conditional release is a commitment. The hearings on	38733
continued commitment as described in section 2945.401 of the	38734
Revised Code apply to a defendant or person on conditional	38735
release.	38736

(C) A person, agency, or facility that is assigned to monitor	38737
a defendant or person on conditional release immediately shall	38738
notify the trial court on learning that the defendant or person	38739
being monitored has violated the terms of the conditional release.	38740
Upon learning of any violation of the terms of the conditional	38741
release, the trial court may issue a temporary order of detention	38742
or, if necessary, an arrest warrant for the defendant or person.	38743
Within ten court days after the defendant's or person's detention	38744
or arrest, the trial court shall conduct a hearing to determine	38745
whether the conditional release should be modified or terminated.	38746
At the hearing, the defendant or person shall have the same rights	38747
as are described in division (C) of section 2945.40 of the Revised	38748
Code. The trial court may order a continuance of the ten-court-day	38749
period for no longer than ten days for good cause shown or for any	38750
period on motion of the defendant or person. If the trial court	38751
fails to conduct the hearing within the ten-court-day period and	38752
does not order a continuance in accordance with this division, the	38753
defendant or person shall be restored to the prior conditional	38754
release status.	38755

(D) The trial court shall give all parties reasonable notice	38756
of a hearing conducted under this section. At the hearing, the	38757
prosecutor shall present the case demonstrating that the defendant	38758
or person violated the terms of the conditional release. If the	38759
court finds by a preponderance of the evidence that the defendant	38760
or person violated the terms of the conditional release, the court	38761
may continue, modify, or terminate the conditional release and	38762
shall enter its order accordingly.	38763

Sec. 2949.14. Upon conviction of a nonindigent person for a	38764
felony, the clerk of the court of common pleas shall make and	38765
certify under ~~his~~the clerk's hand and seal of the court, a	38766
complete itemized bill of the costs made in such prosecution,	38767
including the sum paid by the board of county commissioners,	38768
certified by the county auditor, for the arrest and return of the	38769
person on the requisition of the governor, or on the request of	38770
the governor to the president of the United States, or on the	38771
return of the fugitive by a designated agent pursuant to a waiver	38772
of extradition except in cases of parole violation. ~~Such bill of~~	38773
~~costs shall be presented by such clerk to the prosecuting~~	38774
~~attorney, who shall examine each item therein charged and certify~~	38775
~~to it if correct and legal. Upon certification by the prosecuting~~	38776
~~attorney, the~~The clerk shall attempt to collect the costs from	38777
the person convicted.	38778

Sec. 3109.16. The children's trust fund board, upon the	38779
recommendation of the director of job and family services, shall	38780
approve the employment of an executive director who will	38781
administer the programs of the board. The department of job and	38782
family services shall provide budgetary, procurement, accounting,	38783
and other related management functions for the board and may adopt	38784
rules in accordance with Chapter 119. of the Revised Code for	38785
these purposes. An amount not to exceed three per cent of the	38786
total amount of fees deposited in the children's trust fund in	38787
each fiscal year may be used for costs directly related to these	38788
administrative functions of the department. Each fiscal year, the	38789
board shall approve a budget for administrative expenditures for	38790
the next fiscal year.	38791

The board may request that the department adopt rules the	38792
board considers necessary for the purpose of carrying out the	38793
board's responsibilities under this section, and the department	38794
may adopt those rules. The department may, after consultation with	38795
the board and the executive director, adopt any other rules to	38796
assist the board in carrying out its responsibilities under this	38797
section. In either case, the rules shall be adopted under Chapter	38798
119. of the Revised Code.	38799

The board shall meet at least quarterly at the call of the	38800
chairperson to conduct its official business. All business	38801
transactions of the board shall be conducted in public meetings.	38802
Eight members of the board constitute a quorum. A majority of the	38803
board members is required to adopt the state plan for the	38804
allocation of funds from the children's trust fund. A majority of	38805
the quorum is required to make all other decisions of the board.	38806

The board may apply for and accept federal and other funds	38807
for the purpose of funding child abuse and child neglect	38808
prevention programs. In addition, the board may accept gifts and	38809
donations from any source, including individuals, philanthropic	38810
foundations or organizations, corporations, or corporation	38811
endowments. The acceptance and use of federal funds shall not	38812
entail any commitment or pledge of state funds, nor obligate the	38813
general assembly to continue the programs or activities for which	38814
the federal funds are made available. All funds received in the	38815
manner described in this section shall be transmitted to the	38816
treasurer of state, who shall credit them to the children's trust	38817
fund created in section 3109.14 of the Revised Code.	38818

Sec. 3109.17. (A) For each fiscal biennium, the children's	38819
trust fund board shall establish a biennial state plan for	38820
comprehensive child abuse and child neglect prevention. The plan	38821
shall be transmitted to the governor, the president and minority	38822
leader of the senate, and the speaker and minority leader of the	38823
house of representatives and shall be made available to the	38824
general public. The board may define in the state plan the term	38825
"effective public notice." If the board does not define that term	38826
in the state plan, the board shall include in the state plan the	38827
definition of "effective public notice" specified in rules adopted	38828
by the department of job and family services.	38829

(B) In developing and carrying out the state plan, the	38830
children's trust fund board shall, in accordance with rules	38831
adopted by the department pursuant to Chapter 119. of the Revised	38832
Code, do all of the following:	38833

(1) Ensure that an opportunity exists for assistance through	38834
child abuse and child neglect prevention programs to persons	38835
throughout the state of various social and economic backgrounds;	38836

(2) Before the thirtieth day of October of each year, notify	38837
each child abuse and child neglect prevention advisory board of	38838
the amount estimated to be allocated to that advisory board for	38839
the following fiscal year;	38840

(3) Develop criteria for county or district local allocation	38841
plans, including criteria for determining the plans'	38842
effectiveness;	38843

(4) Review, and approve or disapprove, county or district	38844
local allocation plans, as described in section 3109.171 of the	38845
Revised Code;	38846

(5) Allocate funds to each child abuse and child neglect	38847
prevention advisory board for the purpose of funding child abuse	38848
and child neglect prevention programs. Funds shall be allocated	38849
among advisory boards according to a formula based on the ratio of	38850
the number of children under age eighteen in the county or	38851
multicounty district to the number of children under age eighteen	38852
in the state, as shown in the most recent federal decennial census	38853
of population. Subject to the availability of funds and except as	38854
provided in section 3109.171 of the Revised Code, each advisory	38855
board shall receive a minimum of ten thousand dollars per fiscal	38856
year. In the case of an advisory board that serves a multicounty	38857
district, the advisory board shall receive, subject to available	38858
funds and except as provided in section 3109.171 of the Revised	38859
Code, a minimum of ten thousand dollars per fiscal year for each	38860
county in the district. Funds shall be disbursed to the advisory	38861
boards twice annually. At least fifty per cent of the funds	38862
allocated to an advisory board for a fiscal year shall be	38863
disbursed to the advisory board not later than the thirtieth day	38864
of September. The remainder of the funds allocated to the advisory	38865
board for that fiscal year shall be disbursed before the	38866
thirty-first day of March.	38867

The board shall specify the criteria child abuse and child	38868
neglect prevention advisory boards are to use in reviewing	38869
applications under division (F)(3) of section 3109.18 of the	38870
Revised Code.	38871

(6) Allocate funds to entities other than child abuse and	38872
child neglect prevention advisory boards for the purpose of	38873
funding child abuse and child neglect prevention programs that	38874
have statewide significance and that have been approved by the	38875
children's trust fund board;	38876

(7) Allocate funds to children's crisis care facilities as	38877
defined in section 5103.13 of the Revised Code that have been	38878
approved by the children's trust fund board. The board shall	38879
subtract the amount of any funds allocated to a children's crisis	38880
care facility from the amount allocated pursuant to division	38881
(B)(5) of this section to the child abuse and child neglect	38882
prevention advisory board that serves the county or multicounty	38883
district in which the facility is located.	38884

(8) Provide for the monitoring of expenditures from the	38885
children's trust fund and of programs that receive money from the	38886
children's trust fund;	38887

~~(8)~~(9) Establish reporting requirements for advisory boards;

38888

~~(9)~~(10) Collaborate with appropriate persons and government	38889
entities and facilitate the exchange of information among those	38890
persons and entities for the purpose of child abuse and child	38891
neglect prevention;	38892

~~(10)~~(11) Provide for the education of the public and	38893
professionals for the purpose of child abuse and child neglect	38894
prevention;	38895

~~(11)~~(12) Create and provide to each advisory board a	38896
children's trust fund grant application form;	38897

~~(12)~~(13) Specify the information to be included in a	38898
semiannual and an annual report completed by a children's advocacy	38899
center for which a child abuse and child neglect prevention	38900
advisory board uses funds allocated to the advisory board under	38901
section 3109.172 of the Revised Code, and each other person or	38902
entity that is a recipient of a children's trust fund grant under	38903
division (K)(1) of section 3109.18 of the Revised Code.	38904

(C) The children's trust fund board shall prepare a report	38905
for each fiscal biennium that delineates the expenditure of money	38906
from the children's trust fund. On or before January 1, 2002, and	38907
on or before the first day of January of a year that follows the	38908
end of a fiscal biennium of this state, the board shall file a	38909
copy of the report with the governor, the president and minority	38910
leader of the senate, and the speaker and minority leader of the	38911
house of representatives.	38912

(D) The children's trust fund board shall develop a list of	38913
all state and federal sources of funding that might be available	38914
for establishing, operating, or establishing and operating a	38915
children's advocacy center under sections 2151.425 to 2151.428 of	38916
the Revised Code. The board periodically shall update the list as	38917
necessary. The board shall maintain, or provide for the	38918
maintenance of, the list at an appropriate location. That location	38919
may be the offices of the department of job and family services.	38920
The board shall provide the list upon request to any children's	38921
advocacy center or to any person or entity identified in section	38922
2151.426 of the Revised Code as a person or entity that may	38923
participate in the establishment of a children's advocacy center.	38924

Sec. 3111.04. (A) An action to determine the existence or	38925
nonexistence of the father and child relationship may be brought	38926
by the child or the child's personal representative, the child's	38927
mother or her personal representative, a man alleged or alleging	38928
himself to be the child's father, the child support enforcement	38929
agency of the county in which the child resides if the child's	38930
mother, father, or alleged father is a recipient of public	38931
assistance or of services under Title IV-D of the "Social Security	38932
Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, or the	38933
alleged father's personal representative.	38934

(B) An agreement does not bar an action under this section.

38935

(C) If an action under this section is brought before the	38936
birth of the child and if the action is contested, all	38937
proceedings, except service of process and the taking of	38938
depositions to perpetuate testimony, may be stayed until after the	38939
birth.	38940

(D) A recipient of public assistance or of services under	38941
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42	38942
U.S.C.A. 651, as amended, shall cooperate with the child support	38943
enforcement agency of the county in which a child resides to	38944
obtain an administrative determination pursuant to sections	38945
3111.38 to 3111.54 of the Revised Code, or, if necessary, a court	38946
determination pursuant to sections 3111.01 to 3111.18 of the	38947
Revised Code, of the existence or nonexistence of a parent and	38948
child relationship between the father and the child. If the	38949
recipient fails to cooperate, the agency may commence an action to	38950
determine the existence or nonexistence of a parent and child	38951
relationship between the father and the child pursuant to sections	38952
3111.01 to 3111.18 of the Revised Code.	38953

(E) As used in this section, "public assistance" means all of	38954
the following:	38955

(1) Medicaid under Chapter 5111. of the Revised Code;

38956

(2) Ohio works first under Chapter 5107. of the Revised Code;

38957

(3) Disability financial assistance under Chapter 5115. of	38958
the Revised Code;	38959

~~(4) Children's buy-in program under sections 5101.5211 to~~	38960
~~5101.5216 of the Revised Code~~.	38961

Sec. 3113.06. No father, or mother when she is charged with	38962
the maintenance, of a child under eighteen years of age, or a	38963
mentally or physically handicapped child under age twenty-one, who	38964
is legally a ward of a public children services agency or is the	38965
recipient of aid pursuant to ~~sections 5101.5211 to 5101.5216 or~~	38966
Chapter 5107. or 5115. of the Revised Code, shall neglect or	38967
refuse to pay such agency the reasonable cost of maintaining such	38968
child when such father or mother is able to do so by reason of	38969
property, labor, or earnings.	38970

An offense under this section shall be held committed in the	38971
county in which the agency is located. The agency shall file	38972
charges against any parent who violates this section, unless the	38973
agency files charges under section 2919.21 of the Revised Code, or	38974
unless charges of nonsupport are filed by a relative or guardian	38975
of the child, or unless an action to enforce support is brought	38976
under Chapter 3115. of the Revised Code.	38977

Sec. 3119.54. A party to a child support order issued in	38978
accordance with section 3119.30 of the Revised Code shall notify	38979
any physician, hospital, or other provider of medical services	38980
that provides medical services to the child who is the subject of	38981
the child support order of the number of any health insurance or	38982
health care policy, contract, or plan that covers the child if the	38983
child is eligible for medical assistance under ~~sections 5101.5211~~	38984
~~to 5101.5216 or~~ Chapter 5111. of the Revised Code. The party shall	38985
include in the notice the name and address of the insurer. Any	38986
physician, hospital, or other provider of medical services for	38987
which medical assistance is available under ~~sections 5101.5211 to~~	38988
~~5101.5216 or~~ Chapter 5111. of the Revised Code who is notified	38989
under this section of the existence of a health insurance or	38990
health care policy, contract, or plan with coverage for children	38991
who are eligible for medical assistance shall first bill the	38992
insurer for any services provided for those children. If the	38993
insurer fails to pay all or any part of a claim filed under this	38994
section and the services for which the claim is filed are covered	38995
by ~~sections 5101.5211 to 5101.5216 or~~ Chapter 5111. of the Revised	38996
Code, the physician, hospital, or other medical services provider	38997
shall bill the remaining unpaid costs of the services in	38998
accordance with ~~sections 5101.5211 to 5101.5216 or~~ Chapter 5111.	38999
of the Revised Code.	39000

Sec. 3121.48. The office of child support shall ~~maintain~~	39001
administer a ~~separate account~~fund for the deposit of support	39002
payments it receives as trustee for remittance to the persons	39003
entitled to receive the support payments. The fund shall be in the	39004
custody of the treasurer of state, but shall not be part of the	39005
state treasury.	39006

Sec. 3123.44. (A) Notice shall be sent to an individual	39007
described in section 3123.42 of the Revised Code in compliance	39008
with section 3121.23 of the Revised Code. The notice shall specify	39009
that a court or child support enforcement agency has determined	39010
the individual to be in default under a child support order or	39011
that the individual is an obligor who has failed to comply with a	39012
subpoena or warrant issued by a court or agency with respect to a	39013
proceeding to enforce a child support order, that a notice	39014
containing the individual's name and social security number or	39015
other identification number may be sent to every board that has	39016
authority to issue or has issued the individual a license, and	39017
that, if the board receives that notice and determines that the	39018
individual is the individual named in that notice and the board	39019
has not received notice under section 3123.45 or 3123.46 of the	39020
Revised Code, all of the following will occur:	39021

~~(A)~~(1) The board will not issue any license to the individual	39022
or renew any license of the individual.	39023

~~(B)~~(2) The board will suspend any license of the individual	39024
if it determines that the individual is the individual named in	39025
the notice sent to the board under section 3123.43 of the Revised	39026
Code.	39027

~~(C)~~(3) If the individual is the individual named in the	39028
notice, the board will not issue any license to the individual,	39029
and will not reinstate a suspended license, until the board	39030
receives a notice under section 3123.45 or 3123.46 of the Revised	39031
Code.	39032

(B) If an agency makes the determination described in	39033
division (A) of section 3123.42 of the Revised Code, it shall not	39034
send the notice described in division (A) of this section unless	39035
both of the following are the case:	39036

(1) At least ninety days have elapsed since the final and	39037
enforceable determination of default;	39038

(2) In the preceding ninety days, the obligor has failed to	39039
pay at least fifty per cent of the arrearage through means other	39040
than those described in sections 3123.81 to 3123.85 of the Revised	39041
Code.	39042

(C) The department of job and family services shall adopt	39043
rules pursuant to section 3123.63 of the Revised Code establishing	39044
a uniform pre-suspension notice form that shall be used by	39045
agencies that send notice as required by this section.	39046

Sec. 3123.45. A child support enforcement agency that sent a	39047
notice to a board of an individual's default under a child support	39048
order shall send to each board to which the agency sent the notice	39049
a further notice that the individual is not in default if it	39050
determines that the individual is not in default or any of the	39051
following occurs:	39052

(A) The individual makes full payment to the office of child	39053
support in the department of job and family services or, pursuant	39054
to sections 3125.27 to 3125.30 of the Revised Code, the child	39055
support enforcement agency of the arrearage that was the basis for	39056
the court or agency determination that the individual was in	39057
default.	39058

(B) AnThe individual has presented to the agency sufficient	39059
evidence of current employment or of an account in a financial	39060
institution, the agency has confirmed the individual's employment	39061
or the existence of the account, and an appropriate withholding or	39062
deduction notice ~~or other appropriate order~~ described in section	39063
3121.03~~, 3121.04, 3121.05, 3121.06, or 3121.12~~ of the Revised Code	39064
has been issued to collect current support and any arrearage due	39065
under the child support order that was in default~~, and the~~	39066
~~individual is complying with the notice or order~~.	39067

(C) ~~A new child support order has been issued or the child~~	39068
~~support order that was in default, has been modified to collect~~	39069
~~current support and any arrearage due under the child support~~	39070
~~order that was in default, and the individual is complying with~~	39071
~~the new or modified child support order~~The individual presents	39072
evidence to the agency sufficient to establish that the individual	39073
is unable to work due to circumstances beyond the individual's	39074
control.	39075

The agency shall send the notice under this section not later	39076
than seven days after the agency determines the individual is not	39077
in default or that any of the circumstances specified in this	39078
section has occurred.	39079

Sec. 3123.55. (A) Notice shall be sent to the individual	39080
described in section ~~3123.54~~3123.53 of the Revised Code in	39081
compliance with section 3121.23 of the Revised Code. The notice	39082
shall specify that a court or child support enforcement agency has	39083
determined the individual to be in default under a child support	39084
order or that the individual is an obligor under a child support	39085
order who has failed to comply with a subpoena or warrant issued	39086
by a court or agency with respect to a proceeding to enforce a	39087
child support order, that a notice containing the individual's	39088
name and social security number or other identification number may	39089
be sent to the registrar of motor vehicles, and that, if the	39090
registrar receives that notice and determines that the individual	39091
is the individual named in that notice and the registrar has not	39092
received notice under section 3123.56 or 3123.57 of the Revised	39093
Code, all of the following will occur:	39094

~~(A)~~(1) The registrar and all deputy registrars will be	39095
prohibited from issuing to the individual a driver's or commercial	39096
driver's license, motorcycle operator's license or endorsement, or	39097
temporary instruction permit or commercial driver's temporary	39098
instruction permit.	39099

~~(B)~~(2) The registrar and all deputy registrars will be	39100
prohibited from renewing for the individual a driver's or	39101
commercial driver's license, motorcycle operator's license or	39102
endorsement, or commercial driver's temporary instruction permit.	39103

~~(C)~~(3) If the individual holds a driver's or commercial	39104
driver's license, motorcycle operator's license or endorsement, or	39105
temporary instruction permit or commercial driver's temporary	39106
instruction permit, the registrar will impose a class F suspension	39107
under division (B)(6) of section 4510.02 of the Revised Code if	39108
the registrar determines that the individual is the individual	39109
named in the notice sent pursuant to section 3123.54 of the	39110
Revised Code.	39111

~~(D)~~(4) If the individual is the individual named in the	39112
notice, the individual will not be issued or have renewed any	39113
license, endorsement, or permit, and no suspension will be lifted	39114
with respect to any license, endorsement, or permit listed in this	39115
section until the registrar receives a notice under section	39116
3123.56 or 3123.57 of the Revised Code.	39117

(B) If an agency makes the determination described in	39118
division (A) of section 3123.53 of the Revised Code, it shall not	39119
send the notice described in division (A) of this section unless	39120
both of the following are the case:	39121

(1) At least ninety days have elapsed since the final and	39122
enforceable determination of default;	39123

(2) In the preceding ninety days, the obligor has failed to	39124
pay at least fifty per cent of the arrearage through means other	39125
than those described in sections 3123.81 to 3123.85 of the Revised	39126
Code.	39127

(C) The department of job and family services shall adopt	39128
rules pursuant to section 3123.63 of the Revised Code establishing	39129
a uniform pre-suspension notice form that shall be used by	39130
agencies that send notice as required by this section.	39131

Sec. 3123.56. A child support enforcement agency that sent a	39132
notice under section 3123.54 of the Revised Code of an	39133
individual's default under a child support order shall send to the	39134
registrar of motor vehicles a notice that the individual is not in	39135
default if it determines that the individual is not in default or	39136
any of the following occurs:	39137

(A) The individual makes full payment to the office of child	39138
support or, pursuant to sections 3125.27 to 3125.30 of the Revised	39139
Code, to the child support enforcement agency of the arrearage	39140
that was the basis for the court or agency determination that the	39141
individual was in default.	39142

(B) AnThe individual has presented to the agency sufficient	39143
evidence of current employment or of an account in a financial	39144
institution, the agency has confirmed the individual's employment	39145
or the existence of the account, and an appropriate withholding or	39146
deduction notice ~~or other appropriate order~~ described in section	39147
3121.03~~, 3121.04, 3121.05, 3121.06, or 3121.12~~ of the Revised Code	39148
has been issued to collect current support and any arrearage due	39149
under the child support order that was in default~~, and the~~	39150
~~individual is complying with the notice or order~~.	39151

(C) ~~A new child support order has been issued or the child~~	39152
~~support order that was in default has been modified to collect~~	39153
~~current support and any arrearage due under the child support~~	39154
~~order that was in default, and the individual is complying with~~	39155
~~the new or modified child support order~~The individual presents	39156
evidence to the agency sufficient to establish that the individual	39157
is unable to work due to circumstances beyond the individual's	39158
control.	39159

The agency shall send the notice under this section not later	39160
than seven days after it determines the individual is not in	39161
default or that any of the circumstances specified in this section	39162
has occurred.	39163

Sec. 3123.58. (A) On receipt of a notice pursuant to section	39164
3123.54 of the Revised Code, the registrar of motor vehicles shall	39165
determine whether the individual named in the notice holds or has	39166
applied for a driver's license or commercial driver's license,	39167
motorcycle operator's license or endorsement, or temporary	39168
instruction permit or commercial driver's temporary instruction	39169
permit. If the registrar determines that the individual holds or	39170
has applied for a license, permit, or endorsement and the	39171
individual is the individual named in the notice and does not	39172
receive a notice pursuant to section 3123.56 or 3123.57 of the	39173
Revised Code, the registrar immediately shall provide notice of	39174
the determination to each deputy registrar. The registrar or a	39175
deputy registrar may not issue to the individual a driver's or	39176
commercial driver's license, motorcycle operator's license or	39177
endorsement, or temporary instruction permit or commercial	39178
driver's temporary instruction permit and may not renew for the	39179
individual a driver's or commercial driver's license, motorcycle	39180
operator's license or endorsement, or commercial driver's	39181
temporary instruction permit. The registrar or a deputy registrar	39182
also shall impose a class F suspension of the license, permit, or	39183
endorsement held by the individual under division (B)(6) of	39184
section 4510.02 of the Revised Code.	39185

~~(B) Prior to the date specified in section 3123.52 of the~~	39186
~~Revised Code, the registrar of motor vehicles or a deputy~~	39187
~~registrar shall do only the following with respect to an~~	39188
~~individual if the registrar makes the determination required under~~	39189
~~division (A) of this section and no notice is received concerning~~	39190
~~the individual under section 3123.56 or 3123.57 of the Revised~~	39191
~~Code:~~	39192

~~(1) Refuse to issue or renew the individual's commercial~~	39193
~~driver's license or commercial driver's temporary instruction~~	39194
~~permit;~~	39195

~~(2) Impose a class F suspension under division (B)(6) of~~	39196
~~section 4510.02 of the Revised Code on the individual with respect~~	39197
~~to the license or permit held by the individual.~~	39198

Sec. 3123.59. Not later than seven days after receipt of a	39199
notice pursuant to section 3123.56 or 3123.57 of the Revised Code,	39200
the registrar of motor vehicles shall notify each deputy registrar	39201
of the notice. The registrar and each deputy registrar shall then,	39202
if the individual otherwise is eligible for the license, permit,	39203
or endorsement and wants the license, permit, or endorsement,	39204
issue a license, permit, or endorsement to, or renew a license,	39205
permit, or endorsement of, the individual, or, if the registrar	39206
imposed a class F suspension of the individual's license, permit,	39207
or endorsement pursuant to division (A) of section 3123.58 of the	39208
Revised Code, remove the suspension. ~~On and after the date~~	39209
~~specified in section 3123.52 of the Revised Code, the registrar or~~	39210
~~a deputy registrar shall remove, after receipt of a notice under~~	39211
~~section 3123.56 or 3123.57 of the Revised Code, a class F~~	39212
~~suspension imposed on an individual with respect to a license or~~	39213
~~permit pursuant to division (B) of section 3123.58 of the Revised~~	39214
~~Code.~~ The registrar or a deputy registrar may charge a fee of not	39215
more than twenty-five dollars for issuing or renewing or removing	39216
the suspension of a license, permit, or endorsement pursuant to	39217
this section. The fees collected by the registrar pursuant to this	39218
section shall be paid into the state bureau of motor vehicles fund	39219
established in section 4501.25 of the Revised Code.	39220

Sec. 3123.591. A child support enforcement agency may,	39221
pursuant to rules adopted under section 3123.63 of the Revised	39222
Code, direct the registrar of motor vehicles to eliminate from the	39223
abstract maintained by the bureau of motor vehicles any reference	39224
to the suspension of an individual's license, permit, or	39225
endorsement imposed under section 3123.58 of the Revised Code.	39226

Sec. 3123.63. The director of job and family services ~~may~~	39227
shall adopt rules in accordance with Chapter 119. of the Revised	39228
Code to implement sections 3123.41 to 3123.50, ~~3123.52~~3123.53 to	39229
~~3123.614~~3123.60, and 3123.62 of the Revised Code. The rules shall	39230
include both of the following:	39231

(A) Requirements concerning the contents of, and the	39232
conditions for issuance of, a notice required by section 3123.44	39233
or 3123.55 of the Revised Code. The rules shall require the	39234
contents of the notice to include information about the effect of	39235
a license suspension and appropriate steps that an individual can	39236
take to avoid license suspension.	39237

(B) Requirements concerning the authority of a child support	39238
enforcement agency to direct the registrar of motor vehicles to	39239
eliminate from the abstract maintained by the bureau of motor	39240
vehicles any reference to the suspension of an individual's	39241
license, permit, or endorsement imposed under section 3123.58 of	39242
the Revised Code.	39243

Sec. 3301.07. The state board of education shall exercise	39244
under the acts of the general assembly general supervision of the	39245
system of public education in the state. In addition to the powers	39246
otherwise imposed on the state board under the provisions of law,	39247
the board shall have the powers described in this section.	39248

(A) The state board shall exercise policy forming, planning,	39249
and evaluative functions for the public schools of the state	39250
except as otherwise provided by law.	39251

(B)(1) The state board shall exercise leadership in the	39252
improvement of public education in this state, and administer the	39253
educational policies of this state relating to public schools, and	39254
relating to instruction and instructional material, building and	39255
equipment, transportation of pupils, administrative	39256
responsibilities of school officials and personnel, and finance	39257
and organization of school districts, educational service centers,	39258
and territory. Consultative and advisory services in such matters	39259
shall be provided by the board to school districts and educational	39260
service centers of this state.	39261

(2) The state board also shall develop a standard of	39262
financial reporting which shall be used by each school district	39263
board of education and educational service center governing board	39264
to make its financial information and annual budgets for each	39265
school building under its control available to the public in a	39266
format understandable by the average citizen. The format shall	39267
show, among other things, at the district and educational service	39268
center level or at the school building level, as determined	39269
appropriate by the department of education, revenue by source;	39270
expenditures for salaries, wages, and benefits of employees,	39271
showing such amounts separately for classroom teachers, other	39272
employees required to hold licenses issued pursuant to sections	39273
3319.22 to 3319.31 of the Revised Code, and all other employees;	39274
expenditures other than for personnel, by category, including	39275
utilities, textbooks and other educational materials, equipment,	39276
permanent improvements, pupil transportation, extracurricular	39277
athletics, and other extracurricular activities; and per pupil	39278
expenditures.	39279

(C) The state board shall administer and supervise the	39280
allocation and distribution of all state and federal funds for	39281
public school education under the provisions of law, and may	39282
prescribe such systems of accounting as are necessary and proper	39283
to this function. It may require county auditors and treasurers,	39284
boards of education, educational service center governing boards,	39285
treasurers of such boards, teachers, and other school officers and	39286
employees, or other public officers or employees, to file with it	39287
such reports as it may prescribe relating to such funds, or to the	39288
management and condition of such funds.	39289

(D)(1) Wherever in Titles IX, XXIII, XXIX, XXXIII, XXXVII,	39290
XLVII, and LI of the Revised Code a reference is made to standards	39291
prescribed under this section or division (D) of this section,	39292
that reference shall be construed to refer to the standards	39293
prescribed under division (D)(2) of this section, unless the	39294
context specifically indicates a different meaning or intent.	39295

(2) The state board shall formulate and prescribe minimum	39296
standards to be applied to all elementary and secondary schools in	39297
this state for the purpose of requiring a general education of	39298
high quality. Such standards shall provide adequately for: the	39299
licensing of teachers, administrators, and other professional	39300
personnel and their assignment according to training and	39301
qualifications; efficient and effective instructional materials	39302
and equipment, including library facilities; the proper	39303
organization, administration, and supervision of each school,	39304
including regulations for preparing all necessary records and	39305
reports and the preparation of a statement of policies and	39306
objectives for each school; buildings, grounds, health and	39307
sanitary facilities and services; admission of pupils, and such	39308
requirements for their promotion from grade to grade as will	39309
assure that they are capable and prepared for the level of study	39310
to which they are certified; requirements for graduation; and such	39311
other factors as the board finds necessary.	39312

In the formulation and administration of such standards for	39313
nonpublic schools the board shall also consider the particular	39314
needs, methods and objectives of those schools, provided they do	39315
not conflict with the provision of a general education of a high	39316
quality and provided that regular procedures shall be followed for	39317
promotion from grade to grade of pupils who have met the	39318
educational requirements prescribed.	39319

In the formulation and administration of such standards as	39320
they relate to instructional materials and equipment in public	39321
schools, including library materials, the board shall require that	39322
the material and equipment be aligned with and promote skills	39323
expected under the statewide academic standards adopted under	39324
section 3301.079 of the Revised Code.	39325

(3) In addition to the minimum standards required by division	39326
(D)(2) of this section, the state board ~~shall~~may formulate and	39327
prescribe the following additional minimum operating standards for	39328
school districts:	39329

(a) Standards for the effective and efficient organization,	39330
administration, and supervision of each school district so that it	39331
becomes a thinking and learning organization according to	39332
principles of systems design and collaborative professional	39333
learning communities research as defined by the superintendent of	39334
public instruction, including a focus on the personalized and	39335
individualized needs of each student; a shared responsibility	39336
among school boards, administrators, faculty, and staff to develop	39337
a common vision, mission, and set of guiding principles; a shared	39338
responsibility among school boards, administrators, faculty, and	39339
staff to engage in a process of collective inquiry, action	39340
orientation, and experimentation to ensure the academic success of	39341
all students; commitment to teaching and learning strategies that	39342
utilize technological tools and emphasize inter-disciplinary,	39343
real-world, project-based, and technology-oriented learning	39344
experiences to meet the individual needs of every student;	39345
commitment to high expectations for every student and commitment	39346
to closing the achievement gap so that all students achieve core	39347
knowledge and skills in accordance with the statewide academic	39348
standards adopted under section 3301.079 of the Revised Code;	39349
commitment to the use of assessments to diagnose the needs of each	39350
student; effective connections and relationships with families and	39351
others that support student success; and commitment to the use of	39352
positive behavior intervention supports throughout a district to	39353
ensure a safe and secure learning environment for all students;	39354

(b) Standards for the establishment of business advisory	39355
councils under section 3313.82 of the Revised Code;	39356

(c) Standards for school district ~~organizational units, as~~	39357
~~defined in sections 3306.02 and 3306.04 of the Revised Code,~~	39358
buildings that may require:	39359

(i) The effective and efficient organization, administration,	39360
and supervision of each school district ~~organizational unit~~	39361
building so that it becomes a thinking and learning organization	39362
according to principles of systems design and collaborative	39363
professional learning communities research as defined by the state	39364
superintendent, including a focus on the personalized and	39365
individualized needs of each student; a shared responsibility	39366
among ~~organizational unit~~building administrators, faculty, and	39367
staff to develop a common vision, mission, and set of guiding	39368
principles; a shared responsibility among ~~organizational unit~~	39369
building administrators, faculty, and staff to engage in a process	39370
of collective inquiry, action orientation, and experimentation to	39371
ensure the academic success of all students; commitment to job	39372
embedded professional development and professional mentoring and	39373
coaching; established periods of time for teachers to pursue	39374
planning time for the development of lesson plans, professional	39375
development, and shared learning; commitment to effective	39376
management strategies that allow administrators reasonable access	39377
to classrooms for observation and professional development	39378
experiences; commitment to teaching and learning strategies that	39379
utilize technological tools and emphasize inter-disciplinary,	39380
real-world, project-based, and technology-oriented learning	39381
experiences to meet the individual needs of every student;	39382
commitment to high expectations for every student and commitment	39383
to closing the achievement gap so that all students achieve core	39384
knowledge and skills in accordance with the statewide academic	39385
standards adopted under section 3301.079 of the Revised Code;	39386
commitment to the use of assessments to diagnose the needs of each	39387
student; effective connections and relationships with families and	39388
others that support student success; commitment to the use of	39389
positive behavior intervention supports throughout the	39390
~~organizational unit~~building to ensure a safe and secure learning	39391
environment for all students;	39392

(ii) A school ~~organizational unit~~building leadership team to	39393
coordinate positive behavior intervention supports, learning	39394
environments, thinking and learning systems, collaborative	39395
planning, planning time, student academic interventions, student	39396
extended learning opportunities, and other activities identified	39397
by the team and approved by the district board of education. The	39398
team shall include the building principal, representatives from	39399
each collective bargaining unit, ~~the building lead~~a classroom	39400
teacher, parents, business representatives, and others that	39401
support student success.	39402

(E) The state board may require as part of the health	39403
curriculum information developed under section 2108.34 of the	39404
Revised Code promoting the donation of anatomical gifts pursuant	39405
to Chapter 2108. of the Revised Code and may provide the	39406
information to high schools, educational service centers, and	39407
joint vocational school district boards of education;	39408

(F) The state board shall prepare and submit annually to the	39409
governor and the general assembly a report on the status, needs,	39410
and major problems of the public schools of the state, with	39411
recommendations for necessary legislative action and a ten-year	39412
projection of the state's public and nonpublic school enrollment,	39413
by year and by grade level.	39414

(G) The state board shall prepare and submit to the director	39415
of budget and management the biennial budgetary requests of the	39416
state board of education, for its agencies and for the public	39417
schools of the state.	39418

(H) The state board shall cooperate with federal, state, and	39419
local agencies concerned with the health and welfare of children	39420
and youth of the state.	39421

(I) The state board shall require such reports from school	39422
districts and educational service centers, school officers, and	39423
employees as are necessary and desirable. The superintendents and	39424
treasurers of school districts and educational service centers	39425
shall certify as to the accuracy of all reports required by law or	39426
state board or state department of education rules to be submitted	39427
by the district or educational service center and which contain	39428
information necessary for calculation of state funding. Any	39429
superintendent who knowingly falsifies such report shall be	39430
subject to license revocation pursuant to section 3319.31 of the	39431
Revised Code.	39432

(J) In accordance with Chapter 119. of the Revised Code, the	39433
state board shall adopt procedures, standards, and guidelines for	39434
the education of children with disabilities pursuant to Chapter	39435
3323. of the Revised Code, including procedures, standards, and	39436
guidelines governing programs and services operated by county	39437
boards of developmental disabilities pursuant to section 3323.09	39438
of the Revised Code.	39439

(K) For the purpose of encouraging the development of special	39440
programs of education for academically gifted children, the state	39441
board shall employ competent persons to analyze and publish data,	39442
promote research, advise and counsel with boards of education, and	39443
encourage the training of teachers in the special instruction of	39444
gifted children. The board may provide financial assistance out of	39445
any funds appropriated for this purpose to boards of education and	39446
educational service center governing boards for developing and	39447
conducting programs of education for academically gifted children.	39448

(L) The state board shall require that all public schools	39449
emphasize and encourage, within existing units of study, the	39450
teaching of energy and resource conservation as recommended to	39451
each district board of education by leading business persons	39452
involved in energy production and conservation, beginning in the	39453
primary grades.	39454

(M) The state board shall formulate and prescribe minimum	39455
standards requiring the use of phonics as a technique in the	39456
teaching of reading in grades kindergarten through three. In	39457
addition, the state board shall provide in-service training	39458
programs for teachers on the use of phonics as a technique in the	39459
teaching of reading in grades kindergarten through three.	39460

(N) The state board may adopt rules necessary for carrying	39461
out any function imposed on it by law, and may provide rules as	39462
are necessary for its government and the government of its	39463
employees, and may delegate to the superintendent of public	39464
instruction the management and administration of any function	39465
imposed on it by law. It may provide for the appointment of board	39466
members to serve on temporary committees established by the board	39467
for such purposes as are necessary. Permanent or standing	39468
committees shall not be created.	39469

(O) Upon application from the board of education of a school	39470
district, the superintendent of public instruction may issue a	39471
waiver exempting the district from compliance with the standards	39472
adopted under divisions (B)(2) and (D) of this section, as they	39473
relate to the operation of a school operated by the district. The	39474
state board shall adopt standards for the approval or disapproval	39475
of waivers under this division. The state superintendent shall	39476
consider every application for a waiver, and shall determine	39477
whether to grant or deny a waiver in accordance with the state	39478
board's standards. For each waiver granted, the state	39479
superintendent shall specify the period of time during which the	39480
waiver is in effect, which shall not exceed five years. A district	39481
board may apply to renew a waiver.	39482

Sec. 3301.071. (A)(1) In the case of nontax-supported	39483
schools, standards for teacher certification prescribed under	39484
section 3301.07 of the Revised Code shall provide for	39485
certification, without further educational requirements, of any	39486
administrator, supervisor, or teacher who has attended and	39487
received a bachelor's degree from a college or university	39488
accredited by a national or regional association in the United	39489
States except that, at the discretion of the state board of	39490
education, this requirement may be met by having an equivalent	39491
degree from a foreign college or university of comparable	39492
standing.	39493

(2) In the case of nonchartered, nontax-supported schools,	39494
the standards for teacher certification prescribed under section	39495
3301.07 of the Revised Code shall provide for certification,	39496
without further educational requirements, of any administrator,	39497
supervisor, or teacher who has attended and received a diploma	39498
from a "bible college" or "bible institute" described in division	39499
(E) of section 1713.02 of the Revised Code.	39500

(3) A certificate issued under division (A)(3) of this	39501
section shall be valid only for teaching foreign language, music,	39502
religion, computer technology, or fine arts.	39503

Notwithstanding division (A)(1) of this section, the	39504
standards for teacher certification prescribed under section	39505
3301.07 of the Revised Code shall provide for certification of a	39506
person as a teacher upon receipt by the state board of an	39507
affidavit signed by the chief administrative officer of a	39508
chartered nonpublic school seeking to employ the person, stating	39509
that the person meets one of the following conditions:	39510

(a) The person has specialized knowledge, skills, or	39511
expertise that qualifies the person to provide instruction.	39512

(b) The person has provided to the chief administrative	39513
officer evidence of at least three years of teaching experience in	39514
a public or nonpublic school.	39515

(c) The person has provided to the chief administrative	39516
officer evidence of completion of a teacher training program named	39517
in the affidavit.	39518

(B) Each person applying for a certificate under this section	39519
for purposes of serving in a nonpublic school chartered by the	39520
state board under section 3301.16 of the Revised Code shall pay a	39521
fee in the amount established under division (A) of section	39522
3319.51 of the Revised Code. Any fees received under this division	39523
shall be paid into the state treasury to the credit of the state	39524
board of education certification fund established under division	39525
(B) of section 3319.51 of the Revised Code.	39526

(C) A person applying for or holding any certificate pursuant	39527
to this section for purposes of serving in a nonpublic school	39528
chartered by the state board is subject to sections 3123.41 to	39529
3123.50 of the Revised Code and any applicable rules adopted under	39530
section 3123.63 of the Revised Code and sections 3319.31 and	39531
3319.311 of the Revised Code.	39532

(D) Divisions (B) and (C) of this section and sections	39533
3319.291, 3319.31, and 3319.311 of the Revised Code do not apply	39534
to any administrators, supervisors, or teachers in nonchartered,	39535
nontax-supported schools.	39536

Sec. 3301.079. (A)(1) Not later than June 30, 2010, and at	39537
least once every five years thereafter, the state board of	39538
education shall adopt statewide academic standards with emphasis	39539
on coherence, focus, and rigor for each of grades kindergarten	39540
through twelve in English language arts, mathematics, science, and	39541
social studies.	39542

The standards shall specify the following:

39543

(a) The core academic content and skills that students are	39544
expected to know and be able to do at each grade level that will	39545
allow each student to be prepared for postsecondary instruction	39546
and the workplace for success in the twenty-first century;	39547

(b) ~~The development of skill sets as they relate to~~	39548
~~creativity and innovation, critical thinking and problem solving,~~	39549
~~and communication and collaboration;~~	39550

~~(c)~~ The development of skill sets that promote information,	39551
media, and technological literacy;	39552

~~(d) The development of skill sets that promote personal~~	39553
~~management, productivity and accountability, and leadership and~~	39554
~~responsibility;~~	39555

~~(e)~~(c) Interdisciplinary, project-based, real-world learning	39556
opportunities.	39557

(2) After completing the standards required by division	39558
(A)(1) of this section, the state board shall adopt standards and	39559
model curricula for instruction in computer literacy, financial	39560
literacy and entrepreneurship, fine arts, and foreign language for	39561
grades kindergarten through twelve. The standards shall meet the	39562
same requirements prescribed in divisions (A)(1)(a) to ~~(e)~~(c) of	39563
this section.	39564

(3) The state board shall adopt the most recent standards	39565
developed by the national association for sport and physical	39566
education for physical education in grades kindergarten through	39567
twelve or shall adopt its own standards for physical education in	39568
those grades and revise and update them periodically.	39569

The department shall employ a full-time physical education	39570
coordinator to provide guidance and technical assistance to	39571
districts, community schools, and STEM schools in implementing the	39572
physical education standards adopted under this division. The	39573
superintendent of public instruction shall determine that the	39574
person employed as coordinator is qualified for the position, as	39575
demonstrated by possessing an adequate combination of education,	39576
license, and experience.	39577

(4) When academic standards have been completed for any	39578
subject area required by this section, the state board shall	39579
inform all school districts, all community schools established	39580
under Chapter 3314. of the Revised Code, all STEM schools	39581
established under Chapter 3326. of the Revised Code, and all	39582
nonpublic schools required to administer the assessments	39583
prescribed by sections 3301.0710 and 3301.0712 of the Revised Code	39584
of the content of those standards.	39585

(B) Not later than March 31, 2011, the state board shall	39586
adopt a model curriculum for instruction in each subject area for	39587
which updated academic standards are required by division (A)(1)	39588
of this section and for each of grades kindergarten through twelve	39589
that is sufficient to meet the needs of students in every	39590
community. The model curriculum shall be aligned with the	39591
standards, to ensure that the academic content and skills	39592
specified for each grade level are taught to students, and shall	39593
demonstrate vertical articulation and emphasize coherence, focus,	39594
and rigor. When any model curriculum has been completed, the state	39595
board shall inform all school districts, community schools, and	39596
STEM schools of the content of that model curriculum.	39597

All school districts, community schools, and STEM schools may	39598
utilize the state standards and the model curriculum established	39599
by the state board, together with other relevant resources,	39600
examples, or models to ensure that students have the opportunity	39601
to attain the academic standards. Upon request, the department of	39602
education shall provide technical assistance to any district,	39603
community school, or STEM school in implementing the model	39604
curriculum.	39605

Nothing in this section requires any school district to	39606
utilize all or any part of a model curriculum developed under this	39607
division.	39608

(C) The state board shall develop achievement assessments	39609
aligned with the academic standards and model curriculum for each	39610
of the subject areas and grade levels required by divisions (A)(1)	39611
and (B)(1) of section 3301.0710 of the Revised Code.	39612

When any achievement assessment has been completed, the state	39613
board shall inform all school districts, community schools, STEM	39614
schools, and nonpublic schools required to administer the	39615
assessment of its completion, and the department of education	39616
shall make the achievement assessment available to the districts	39617
and schools.	39618

(D)(1) The state board shall adopt a diagnostic assessment	39619
aligned with the academic standards and model curriculum for each	39620
of grades kindergarten through two in English language arts and	39621
mathematics and for grade three in English language arts. The	39622
diagnostic assessment shall be designed to measure student	39623
comprehension of academic content and mastery of related skills	39624
for the relevant subject area and grade level. Any diagnostic	39625
assessment shall not include components to identify gifted	39626
students. Blank copies of diagnostic assessments shall be public	39627
records.	39628

(2) When each diagnostic assessment has been completed, the	39629
state board shall inform all school districts of its completion	39630
and the department of education shall make the diagnostic	39631
assessment available to the districts at no cost to the district.	39632
School districts shall administer the diagnostic assessment	39633
pursuant to section 3301.0715 of the Revised Code beginning the	39634
first school year following the development of the assessment.	39635

(E) The state board shall not adopt a diagnostic or	39636
achievement assessment for any grade level or subject area other	39637
than those specified in this section.	39638

(F) Whenever the state board or the department of education	39639
consults with persons for the purpose of drafting or reviewing any	39640
standards, diagnostic assessments, achievement assessments, or	39641
model curriculum required under this section, the state board or	39642
the department shall first consult with parents of students in	39643
kindergarten through twelfth grade and with active Ohio classroom	39644
teachers, other school personnel, and administrators with	39645
expertise in the appropriate subject area. Whenever practicable,	39646
the state board and department shall consult with teachers	39647
recognized as outstanding in their fields.	39648

If the department contracts with more than one outside entity	39649
for the development of the achievement assessments required by	39650
this section, the department shall ensure the interchangeability	39651
of those assessments.	39652

(G) The fairness sensitivity review committee, established by	39653
rule of the state board of education, shall not allow any question	39654
on any achievement or diagnostic assessment developed under this	39655
section or any proficiency test prescribed by former section	39656
3301.0710 of the Revised Code, as it existed prior to September	39657
11, 2001, to include, be written to promote, or inquire as to	39658
individual moral or social values or beliefs. The decision of the	39659
committee shall be final. This section does not create a private	39660
cause of action.	39661

(H) Not later than forty-five days prior to the initial	39662
deadline established under division (A)(1) of this section and the	39663
deadline established under division (B) of this section, the	39664
superintendent of public instruction shall present the academic	39665
standards or model curricula, as applicable, to the respective	39666
committees of the house of representatives and senate that	39667
consider education legislation.	39668

(I) As used in this section:

39669

(1) "Coherence" means a reflection of the structure of the	39670
discipline being taught.	39671

(2) "Focus" means limiting the number of items included in a	39672
curriculum to allow for deeper exploration of the subject matter.	39673

(3) "Rigor" means more challenging and demanding when	39674
compared to international standards.	39675

(4) "Vertical articulation" means key academic concepts and	39676
skills associated with mastery in particular content areas should	39677
be articulated and reinforced in a developmentally appropriate	39678
manner at each grade level so that over time students acquire a	39679
depth of knowledge and understanding in the core academic	39680
disciplines.	39681

Sec. 3301.0710. The state board of education shall adopt	39682
rules establishing a statewide program to assess student	39683
achievement. The state board shall ensure that all assessments	39684
administered under the program are aligned with the academic	39685
standards and model curricula adopted by the state board and are	39686
created with input from Ohio parents, Ohio classroom teachers,	39687
Ohio school administrators, and other Ohio school personnel	39688
pursuant to section 3301.079 of the Revised Code.	39689

The assessment program shall be designed to ensure that	39690
students who receive a high school diploma demonstrate at least	39691
high school levels of achievement in English language arts,	39692
mathematics, science, and social studies~~, and other skills~~	39693
~~necessary in the twenty-first century~~.	39694

(A)(1) The state board shall prescribe all of the following:

39695

(a) Two statewide achievement assessments, one each designed	39696
to measure the level of English language arts and mathematics	39697
skill expected at the end of third grade;	39698

(b) Two statewide achievement assessments, one each designed	39699
to measure the level of English language arts and mathematics	39700
skill expected at the end of fourth grade;	39701

(c) Four statewide achievement assessments, one each designed	39702
to measure the level of English language arts, mathematics,	39703
science, and social studies skill expected at the end of fifth	39704
grade;	39705

(d) Two statewide achievement assessments, one each designed	39706
to measure the level of English language arts and mathematics	39707
skill expected at the end of sixth grade;	39708

(e) Two statewide achievement assessments, one each designed	39709
to measure the level of English language arts and mathematics	39710
skill expected at the end of seventh grade;	39711

(f) Four statewide achievement assessments, one each designed	39712
to measure the level of English language arts, mathematics,	39713
science, and social studies skill expected at the end of eighth	39714
grade.	39715

(2) The state board shall determine and designate at least	39716
three ranges of scores on each of the achievement assessments	39717
described in divisions (A)(1) and (B)(1) of this section. Each	39718
range of scores shall be deemed to demonstrate a level of	39719
achievement so that any student attaining a score within such	39720
range has achieved one of the following:	39721

(a) An advanced level of skill;

39722

(b) A proficient level of skill;

39723

39724

(B)(1) The assessments prescribed under division (B)(1) of	39725
this section shall collectively be known as the Ohio graduation	39726
tests. The state board shall prescribe five statewide high school	39727
achievement assessments, one each designed to measure the level of	39728
reading, writing, mathematics, science, and social studies skill	39729
expected at the end of tenth grade. The state board shall	39730
designate a score in at least the range designated under division	39731
(A)(2)(b) of this section on each such assessment that shall be	39732
deemed to be a passing score on the assessment as a condition	39733
toward granting high school diplomas under sections 3313.61,	39734
3313.611, 3313.612, and 3325.08 of the Revised Code until the	39735
assessment system prescribed by section 3301.0712 of the Revised	39736
Code is implemented in accordance with rules adopted by the state	39737
board under division ~~(E)~~(D) of that section.	39738

(2) The state board shall prescribe an assessment system in	39739
accordance with section 3301.0712 of the Revised Code that shall	39740
replace the Ohio graduation tests in the manner prescribed by	39741
rules adopted by the state board under division ~~(E)~~(D) of that	39742
section.	39743

(3) The state board may enter into a reciprocal agreement	39744
with the appropriate body or agency of any other state that has	39745
similar statewide achievement assessment requirements for	39746
receiving high school diplomas, under which any student who has	39747
met an achievement assessment requirement of one state is	39748
recognized as having met the similar requirement of the other	39749
state for purposes of receiving a high school diploma. For	39750
purposes of this section and sections 3301.0711 and 3313.61 of the	39751
Revised Code, any student enrolled in any public high school in	39752
this state who has met an achievement assessment requirement	39753
specified in a reciprocal agreement entered into under this	39754
division shall be deemed to have attained at least the applicable	39755
score designated under this division on each assessment required	39756
by division (B)(1) or (2) of this section that is specified in the	39757
agreement.	39758

(C) The superintendent of public instruction shall designate	39759
dates and times for the administration of the assessments	39760
prescribed by divisions (A) and (B) of this section.	39761

In prescribing administration dates pursuant to this	39762
division, the superintendent shall designate the dates in such a	39763
way as to allow a reasonable length of time between the	39764
administration of assessments prescribed under this section and	39765
any administration of the national assessment of educational	39766
progress given to students in the same grade level pursuant to	39767
section 3301.27 of the Revised Code or federal law.	39768

(D) The state board shall prescribe a practice version of	39769
each Ohio graduation test described in division (B)(1) of this	39770
section that is of comparable length to the actual test.	39771

(E) Any committee established by the department of education	39772
for the purpose of making recommendations to the state board	39773
regarding the state board's designation of scores on the	39774
assessments described by this section shall inform the state board	39775
of the probable percentage of students who would score in each of	39776
the ranges established under division (A)(2) of this section on	39777
the assessments if the committee's recommendations are adopted by	39778
the state board. To the extent possible, these percentages shall	39779
be disaggregated by gender, major racial and ethnic groups,	39780
limited English proficient students, economically disadvantaged	39781
students, students with disabilities, and migrant students.	39782

If the state board intends to make any change to the	39783
committee's recommendations, the state board shall explain the	39784
intended change to the Ohio accountability task force established	39785
by section 3302.021 of the Revised Code. The task force shall	39786
recommend whether the state board should proceed to adopt the	39787
intended change. Nothing in this division shall require the state	39788
board to designate assessment scores based upon the	39789
recommendations of the task force.	39790

Sec. 3301.0711. (A) The department of education shall:

39791

(1) Annually furnish to, grade, and score all assessments	39792
required by divisions (A)(1) and (B)(1) of section 3301.0710 of	39793
the Revised Code to be administered by city, local, exempted	39794
village, and joint vocational school districts, except that each	39795
district shall score any assessment administered pursuant to	39796
division (B)(10) of this section. Each assessment so furnished	39797
shall include the data verification code of the student to whom	39798
the assessment will be administered, as assigned pursuant to	39799
division (D)(2) of section 3301.0714 of the Revised Code. In	39800
furnishing the practice versions of Ohio graduation tests	39801
prescribed by division (D) of section 3301.0710 of the Revised	39802
Code, the department shall make the tests available on its web	39803
site for reproduction by districts. In awarding contracts for	39804
grading assessments, the department shall give preference to	39805
Ohio-based entities employing Ohio residents.	39806

(2) Adopt rules for the ethical use of assessments and	39807
prescribing the manner in which the assessments prescribed by	39808
section 3301.0710 of the Revised Code shall be administered to	39809
students.	39810

(B) Except as provided in divisions (C) and (J) of this	39811
section, the board of education of each city, local, and exempted	39812
village school district shall, in accordance with rules adopted	39813
under division (A) of this section:	39814

(1) Administer the English language arts assessments	39815
prescribed under division (A)(1)(a) of section 3301.0710 of the	39816
Revised Code twice annually to all students in the third grade who	39817
have not attained the score designated for that assessment under	39818
division (A)(2)(b) of section 3301.0710 of the Revised Code.	39819

(2) Administer the mathematics assessment prescribed under	39820
division (A)(1)(a) of section 3301.0710 of the Revised Code at	39821
least once annually to all students in the third grade.	39822

(3) Administer the assessments prescribed under division	39823
(A)(1)(b) of section 3301.0710 of the Revised Code at least once	39824
annually to all students in the fourth grade.	39825

(4) Administer the assessments prescribed under division	39826
(A)(1)(c) of section 3301.0710 of the Revised Code at least once	39827
annually to all students in the fifth grade.	39828

(5) Administer the assessments prescribed under division	39829
(A)(1)(d) of section 3301.0710 of the Revised Code at least once	39830
annually to all students in the sixth grade.	39831

(6) Administer the assessments prescribed under division	39832
(A)(1)(e) of section 3301.0710 of the Revised Code at least once	39833
annually to all students in the seventh grade.	39834

(7) Administer the assessments prescribed under division	39835
(A)(1)(f) of section 3301.0710 of the Revised Code at least once	39836
annually to all students in the eighth grade.	39837

(8) Except as provided in division (B)(9) of this section,	39838
administer any assessment prescribed under division (B)(1) of	39839
section 3301.0710 of the Revised Code as follows:	39840

(a) At least once annually to all tenth grade students and at	39841
least twice annually to all students in eleventh or twelfth grade	39842
who have not yet attained the score on that assessment designated	39843
under that division;	39844

(b) To any person who has successfully completed the	39845
curriculum in any high school or the individualized education	39846
program developed for the person by any high school pursuant to	39847
section 3323.08 of the Revised Code but has not received a high	39848
school diploma and who requests to take such assessment, at any	39849
time such assessment is administered in the district.	39850

(9) In lieu of the board of education of any city, local, or	39851
exempted village school district in which the student is also	39852
enrolled, the board of a joint vocational school district shall	39853
administer any assessment prescribed under division (B)(1) of	39854
section 3301.0710 of the Revised Code at least twice annually to	39855
any student enrolled in the joint vocational school district who	39856
has not yet attained the score on that assessment designated under	39857
that division. A board of a joint vocational school district may	39858
also administer such an assessment to any student described in	39859
division (B)(8)(b) of this section.	39860

(10) If the district has been declared to be under an	39861
academic watch or in a state of academic emergency pursuant to	39862
section 3302.03 of the Revised Code or has a three-year average	39863
graduation rate of not more than seventy-five per cent, administer	39864
each assessment prescribed by division (D) of section 3301.0710 of	39865
the Revised Code in September to all ninth grade students,	39866
beginning in the school year that starts July 1, 2005.	39867

Except as provided in section 3313.614 of the Revised Code	39868
for administration of an assessment to a person who has fulfilled	39869
the curriculum requirement for a high school diploma but has not	39870
passed one or more of the required assessments, the assessments	39871
prescribed under division (B)(1) of section 3301.0710 of the	39872
Revised Code and the practice assessments prescribed under	39873
division (D) of that section and required to be administered under	39874
divisions (B)(8), (9), and (10) of this section shall not be	39875
administered after the assessment system prescribed by division	39876
(B)(2) of section 3301.0710 and section 3301.0712 of the Revised	39877
Code is implemented under rule of the state board adopted under	39878
division ~~(E)~~(D)(1) of section 3301.0712 of the Revised Code.	39879

(11) Administer the assessments prescribed by division (B)(2)	39880
of section 3301.0710 and section 3301.0712 of the Revised Code in	39881
accordance with the timeline and plan for implementation of those	39882
assessments prescribed by rule of the state board adopted under	39883
division ~~(E)~~(D)(1) of section 3301.0712 of the Revised Code.	39884

(C)(1)(a) ~~Any~~In the case of a student receiving special	39885
education services under Chapter 3323. of the Revised Code, the	39886
individualized education program developed for the student under	39887
that chapter shall specify the manner in which the student will	39888
participate in the assessments administered under this section.	39889
The individualized education program may ~~be excused~~excuse the	39890
student from taking any particular assessment required to be	39891
administered under this section if ~~the individualized education~~	39892
~~program developed for the student pursuant to section 3323.08 of~~	39893
~~the Revised Code excuses the student from taking that assessment~~	39894
~~and~~it instead specifies an alternate assessment method approved	39895
by the department of education as conforming to requirements of	39896
federal law for receipt of federal funds for disadvantaged pupils.	39897
To the extent possible, the individualized education program shall	39898
not excuse the student from taking an assessment unless no	39899
reasonable accommodation can be made to enable the student to take	39900
the assessment.	39901

(b) Any alternate assessment approved by the department for a	39902
student under this division shall produce measurable results	39903
comparable to those produced by the assessment it replaces in	39904
order to allow for the student's results to be included in the	39905
data compiled for a school district or building under section	39906
3302.03 of the Revised Code.	39907

(c) Any student enrolled in a chartered nonpublic school who	39908
has been identified, based on an evaluation conducted in	39909
accordance with section 3323.03 of the Revised Code or section 504	39910
of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.	39911
794, as amended, as a child with a disability shall be excused	39912
from taking any particular assessment required to be administered	39913
under this section if a plan developed for the student pursuant to	39914
rules adopted by the state board excuses the student from taking	39915
that assessment. In the case of any student so excused from taking	39916
an assessment, the chartered nonpublic school shall not prohibit	39917
the student from taking the assessment.	39918

(2) A district board may, for medical reasons or other good	39919
cause, excuse a student from taking an assessment administered	39920
under this section on the date scheduled, but that assessment	39921
shall be administered to the excused student not later than nine	39922
days following the scheduled date. The district board shall	39923
annually report the number of students who have not taken one or	39924
more of the assessments required by this section to the state	39925
board of education not later than the thirtieth day of June.	39926

(3) As used in this division, "limited English proficient	39927
student" has the same meaning as in 20 U.S.C. 7801.	39928

No school district board shall excuse any limited English	39929
proficient student from taking any particular assessment required	39930
to be administered under this section, except that any limited	39931
English proficient student who has been enrolled in United States	39932
schools for less than one full school year shall not be required	39933
to take any reading, writing, or English language arts assessment.	39934
However, no board shall prohibit a limited English proficient	39935
student who is not required to take an assessment under this	39936
division from taking the assessment. A board may permit any	39937
limited English proficient student to take an assessment required	39938
to be administered under this section with appropriate	39939
accommodations, as determined by the department. For each limited	39940
English proficient student, each school district shall annually	39941
assess that student's progress in learning English, in accordance	39942
with procedures approved by the department.	39943

The governing authority of a chartered nonpublic school may	39944
excuse a limited English proficient student from taking any	39945
assessment administered under this section. However, no governing	39946
authority shall prohibit a limited English proficient student from	39947
taking the assessment.	39948

(D)(1) In the school year next succeeding the school year in	39949
which the assessments prescribed by division (A)(1) or (B)(1) of	39950
section 3301.0710 of the Revised Code or former division (A)(1),	39951
(A)(2), or (B) of section 3301.0710 of the Revised Code as it	39952
existed prior to September 11, 2001, are administered to any	39953
student, the board of education of any school district in which	39954
the student is enrolled in that year shall provide to the student	39955
intervention services commensurate with the student's performance,	39956
including any intensive intervention required under section	39957
3313.608 of the Revised Code, in any skill in which the student	39958
failed to demonstrate at least a score at the proficient level on	39959
the assessment.	39960

(2) Following any administration of the assessments	39961
prescribed by division (D) of section 3301.0710 of the Revised	39962
Code to ninth grade students, each school district that has a	39963
three-year average graduation rate of not more than seventy-five	39964
per cent shall determine for each high school in the district	39965
whether the school shall be required to provide intervention	39966
services to any students who took the assessments. In determining	39967
which high schools shall provide intervention services based on	39968
the resources available, the district shall consider each school's	39969
graduation rate and scores on the practice assessments. The	39970
district also shall consider the scores received by ninth grade	39971
students on the English language arts and mathematics assessments	39972
prescribed under division (A)(1)(f) of section 3301.0710 of the	39973
Revised Code in the eighth grade in determining which high schools	39974
shall provide intervention services.	39975

Each high school selected to provide intervention services	39976
under this division shall provide intervention services to any	39977
student whose results indicate that the student is failing to make	39978
satisfactory progress toward being able to attain scores at the	39979
proficient level on the Ohio graduation tests. Intervention	39980
services shall be provided in any skill in which a student	39981
demonstrates unsatisfactory progress and shall be commensurate	39982
with the student's performance. Schools shall provide the	39983
intervention services prior to the end of the school year, during	39984
the summer following the ninth grade, in the next succeeding	39985
school year, or at any combination of those times.	39986

(E) Except as provided in section 3313.608 of the Revised	39987
Code and division (M) of this section, no school district board of	39988
education shall utilize any student's failure to attain a	39989
specified score on an assessment administered under this section	39990
as a factor in any decision to deny the student promotion to a	39991
higher grade level. However, a district board may choose not to	39992
promote to the next grade level any student who does not take an	39993
assessment administered under this section or make up an	39994
assessment as provided by division (C)(2) of this section and who	39995
is not exempt from the requirement to take the assessment under	39996
division (C)(3) of this section.	39997

(F) No person shall be charged a fee for taking any	39998
assessment administered under this section.	39999

(G)(1) Each school district board shall designate one	40000
location for the collection of assessments administered in the	40001
spring under division (B)(1) of this section and those	40002
administered under divisions (B)(2) to (7) of this section. Each	40003
district board shall submit the assessments to the entity with	40004
which the department contracts for the scoring of the assessments	40005
as follows:	40006

(a) If the district's total enrollment in grades kindergarten	40007
through twelve during the first full school week of October was	40008
less than two thousand five hundred, not later than the Friday	40009
after all of the assessments have been administered;	40010

(b) If the district's total enrollment in grades kindergarten	40011
through twelve during the first full school week of October was	40012
two thousand five hundred or more, but less than seven thousand,	40013
not later than the Monday after all of the assessments have been	40014
administered;	40015

(c) If the district's total enrollment in grades kindergarten	40016
through twelve during the first full school week of October was	40017
seven thousand or more, not later than the Tuesday after all of	40018
the assessments have been administered.	40019

However, any assessment that a student takes during the	40020
make-up period described in division (C)(2) of this section shall	40021
be submitted not later than the Friday following the day the	40022
student takes the assessment.	40023

(2) The department or an entity with which the department	40024
contracts for the scoring of the assessment shall send to each	40025
school district board a list of the individual scores of all	40026
persons taking an assessment prescribed by division (A)(1) or	40027
(B)(1) of section 3301.0710 of the Revised Code within sixty days	40028
after its administration, but in no case shall the scores be	40029
returned later than the fifteenth day of June following the	40030
administration. For assessments administered under this section by	40031
a joint vocational school district, the department or entity shall	40032
also send to each city, local, or exempted village school district	40033
a list of the individual scores of any students of such city,	40034
local, or exempted village school district who are attending	40035
school in the joint vocational school district.	40036

(H) Individual scores on any assessments administered under	40037
this section shall be released by a district board only in	40038
accordance with section 3319.321 of the Revised Code and the rules	40039
adopted under division (A) of this section. No district board or	40040
its employees shall utilize individual or aggregate results in any	40041
manner that conflicts with rules for the ethical use of	40042
assessments adopted pursuant to division (A) of this section.	40043

(I) Except as provided in division (G) of this section, the	40044
department or an entity with which the department contracts for	40045
the scoring of the assessment shall not release any individual	40046
scores on any assessment administered under this section. The	40047
state board of education shall adopt rules to ensure the	40048
protection of student confidentiality at all times. The rules may	40049
require the use of the data verification codes assigned to	40050
students pursuant to division (D)(2) of section 3301.0714 of the	40051
Revised Code to protect the confidentiality of student scores.	40052

(J) Notwithstanding division (D) of section 3311.52 of the	40053
Revised Code, this section does not apply to the board of	40054
education of any cooperative education school district except as	40055
provided under rules adopted pursuant to this division.	40056

(1) In accordance with rules that the state board of	40057
education shall adopt, the board of education of any city,	40058
exempted village, or local school district with territory in a	40059
cooperative education school district established pursuant to	40060
divisions (A) to (C) of section 3311.52 of the Revised Code may	40061
enter into an agreement with the board of education of the	40062
cooperative education school district for administering any	40063
assessment prescribed under this section to students of the city,	40064
exempted village, or local school district who are attending	40065
school in the cooperative education school district.	40066

(2) In accordance with rules that the state board of	40067
education shall adopt, the board of education of any city,	40068
exempted village, or local school district with territory in a	40069
cooperative education school district established pursuant to	40070
section 3311.521 of the Revised Code shall enter into an agreement	40071
with the cooperative district that provides for the administration	40072
of any assessment prescribed under this section to both of the	40073
following:	40074

(a) Students who are attending school in the cooperative	40075
district and who, if the cooperative district were not	40076
established, would be entitled to attend school in the city,	40077
local, or exempted village school district pursuant to section	40078
3313.64 or 3313.65 of the Revised Code;	40079

(b) Persons described in division (B)(8)(b) of this section.

40080

Any assessment of students pursuant to such an agreement	40081
shall be in lieu of any assessment of such students or persons	40082
pursuant to this section.	40083

(K)(1) As a condition of compliance with section 3313.612 of	40084
the Revised Code, each chartered nonpublic school that educates	40085
students in grades nine through twelve shall administer the	40086
assessments prescribed by divisions (B)(1) and (2) of section	40087
3301.0710 of the Revised Code. Any chartered nonpublic school may	40088
participate in the assessment program by administering any of the	40089
assessments prescribed by division (A) of section 3301.0710 of the	40090
Revised Code. The chief administrator of the school shall specify	40091
which assessments the school will administer. Such specification	40092
shall be made in writing to the superintendent of public	40093
instruction prior to the first day of August of any school year in	40094
which assessments are administered and shall include a pledge that	40095
the nonpublic school will administer the specified assessments in	40096
the same manner as public schools are required to do under this	40097
section and rules adopted by the department.	40098

(2) The department of education shall furnish the assessments	40099
prescribed by section 3301.0710 or 3301.0712 of the Revised Code	40100
to each chartered nonpublic school that participates under this	40101
division.	40102

(L)(1) The superintendent of the state school for the blind	40103
and the superintendent of the state school for the deaf shall	40104
administer the assessments described by sections 3301.0710 and	40105
3301.0712 of the Revised Code. Each superintendent shall	40106
administer the assessments in the same manner as district boards	40107
are required to do under this section and rules adopted by the	40108
department of education and in conformity with division (C)(1)(a)	40109
of this section.	40110

(2) The department of education shall furnish the assessments	40111
described by sections 3301.0710 and 3301.0712 of the Revised Code	40112
to each superintendent.	40113

(M) Notwithstanding division (E) of this section, a school	40114
district may use a student's failure to attain a score in at least	40115
the proficient range on the mathematics assessment described by	40116
division (A)(1)(a) of section 3301.0710 of the Revised Code or on	40117
an assessment described by division (A)(1)(b), (c), (d), (e), or	40118
(f) of section 3301.0710 of the Revised Code as a factor in	40119
retaining that student in the current grade level.	40120

(N)(1) In the manner specified in divisions (N)(3) and (4) of	40121
this section, the assessments required by division (A)(1) of	40122
section 3301.0710 of the Revised Code shall become public records	40123
pursuant to section 149.43 of the Revised Code on the first day of	40124
July following the school year that the assessments were	40125
administered.	40126

(2) The department may field test proposed questions with	40127
samples of students to determine the validity, reliability, or	40128
appropriateness of questions for possible inclusion in a future	40129
year's assessment. The department also may use anchor questions on	40130
assessments to ensure that different versions of the same	40131
assessment are of comparable difficulty.	40132

Field test questions and anchor questions shall not be	40133
considered in computing scores for individual students. Field test	40134
questions and anchor questions may be included as part of the	40135
administration of any assessment required by division (A)(1) or	40136
(B)(1) of section 3301.0710 of the Revised Code.	40137

(3) Any field test question or anchor question administered	40138
under division (N)(2) of this section shall not be a public	40139
record. Such field test questions and anchor questions shall be	40140
redacted from any assessments which are released as a public	40141
record pursuant to division (N)(1) of this section.	40142

(4) This division applies to the assessments prescribed by	40143
division (A) of section 3301.0710 of the Revised Code.	40144

(a) The first administration of each assessment, as specified	40145
in former section 3301.0712 of the Revised Code, shall be a public	40146
record.	40147

(b) For subsequent administrations of each assessment, not	40148
less than forty per cent of the questions on the assessment that	40149
are used to compute a student's score shall be a public record.	40150
The department shall determine which questions will be needed for	40151
reuse on a future assessment and those questions shall not be	40152
public records and shall be redacted from the assessment prior to	40153
its release as a public record. However, for each redacted	40154
question, the department shall inform each city, local, and	40155
exempted village school district of the statewide academic	40156
standard adopted by the state board of education under section	40157
3301.079 of the Revised Code and the corresponding benchmark to	40158
which the question relates. The preceding sentence does not apply	40159
to field test questions that are redacted under division (N)(3) of	40160
this section.	40161

(5) Each assessment prescribed by division (B)(1) of section	40162
3301.0710 of the Revised Code shall not be a public record.	40163

(O) As used in this section:

40164

(1) "Three-year average" means the average of the most recent	40165
consecutive three school years of data.	40166

(2) "Dropout" means a student who withdraws from school	40167
before completing course requirements for graduation and who is	40168
not enrolled in an education program approved by the state board	40169
of education or an education program outside the state. "Dropout"	40170
does not include a student who has departed the country.	40171

(3) "Graduation rate" means the ratio of students receiving a	40172
diploma to the number of students who entered ninth grade four	40173
years earlier. Students who transfer into the district are added	40174
to the calculation. Students who transfer out of the district for	40175
reasons other than dropout are subtracted from the calculation. If	40176
a student who was a dropout in any previous year returns to the	40177
same school district, that student shall be entered into the	40178
calculation as if the student had entered ninth grade four years	40179
before the graduation year of the graduating class that the	40180
student joins.	40181

Sec. 3301.0712. (A) The state board of education, the	40182
superintendent of public instruction, and the chancellor of the	40183
Ohio board of regents shall develop a system of college and work	40184
ready assessments as described in divisions (B)(1) ~~to (3)~~and (2)	40185
of this section to assess whether each student upon graduating	40186
from high school is ready to enter college or the workforce. The	40187
system shall replace the Ohio graduation tests prescribed in	40188
division (B)(1) of section 3301.0710 of the Revised Code as a	40189
measure of student academic performance and a prerequisite for	40190
eligibility for a high school diploma in the manner prescribed by	40191
rule of the state board adopted under division ~~(E)~~(D) of this	40192
section.	40193

(B) The college and work ready assessment system shall	40194
consist of the following:	40195

(1) A nationally standardized assessment that measures	40196
competencies in science, mathematics, and English language arts	40197
selected jointly by the state superintendent and the chancellor.	40198

(2) A series of end-of-course examinations in the areas of	40199
science, mathematics, English language arts, and social studies	40200
selected jointly by the state superintendent and the chancellor in	40201
consultation with faculty in the appropriate subject areas at	40202
institutions of higher education of the university system of Ohio.	40203

~~(3) A senior project completed by a student or a group of~~	40204
~~students. The purpose of the senior project is to assess the~~	40205
~~student's:~~	40206

~~(a) Mastery of core knowledge in a subject area chosen by the~~	40207
~~student;~~	40208

~~(b) Written and verbal communication skills;~~

40209

~~(c) Critical thinking and problem-solving skills;~~

40210

~~(d) Real-world and interdisciplinary learning;~~

40211

~~(e) Creative and innovative thinking;~~

40212

~~(f) Acquired technology, information, and media skills;~~

40213

~~(g) Personal management skills such as self-direction, time~~	40214
~~management, work ethic, enthusiasm, and the desire to produce a~~	40215
~~high quality product.~~	40216

~~The state superintendent and the chancellor jointly shall~~	40217
~~develop standards for the senior project for students~~	40218
~~participating in dual enrollment programs.~~	40219

(C)~~(1) The state superintendent and the chancellor jointly~~	40220
~~shall designate the scoring rubrics and the required overall~~	40221
~~composite score for the assessment system to assess whether each~~	40222
~~student is college or work ready.~~	40223

~~(2) Each senior project shall be judged by the student's high~~	40224
~~school in accordance with rubrics designated by the state~~	40225
~~superintendent and the chancellor.~~	40226

~~(D)~~ Not later than thirty days after the state board adopts	40227
the model curricula required by division (B) of section 3301.079	40228
of the Revised Code, the state board shall convene a group of	40229
national experts, state experts, and local practitioners to	40230
provide advice, guidance, and recommendations for the alignment of	40231
standards and model curricula to the assessments and in the design	40232
of the end-of-course examinations ~~and scoring rubrics~~ prescribed	40233
by this section.	40234

~~(E)~~(D) Upon completion of the development of the assessment	40235
system, the state board shall adopt rules prescribing all of the	40236
following:	40237

(1) A timeline and plan for implementation of the assessment	40238
system, including a phased implementation if the state board	40239
determines such a phase-in is warranted;	40240

(2) The date after which a person entering ninth grade shall	40241
~~attain at least the composite score for~~meet the requirements of	40242
the entire assessment system as a prerequisite for a high school	40243
diploma under ~~sections~~section 3313.61, 3313.612, or 3325.08 of	40244
the Revised Code;	40245

(3) The date after which a person shall ~~attain at least the~~	40246
~~composite score for~~meet the requirements of the entire assessment	40247
system as a prerequisite for a diploma of adult education under	40248
section 3313.611 of the Revised Code;	40249

(4) Whether and the extent to which a person may be excused	40250
from a social studies end-of-course examination under division (H)	40251
of section 3313.61 and division (B)(2) of section 3313.612 of the	40252
Revised Code;	40253

(5) The date after which a person who has fulfilled the	40254
curriculum requirement for a diploma but has not passed one or	40255
more of the required assessments at the time the person fulfilled	40256
the curriculum requirement shall ~~attain at least the composite~~	40257
~~score for~~meet the requirements of the entire assessment system as	40258
a prerequisite for a high school diploma under division (B) of	40259
section 3313.614 of the Revised Code;	40260

(6) The extent to which the assessment system applies to	40261
students enrolled in a dropout recovery and prevention program for	40262
purposes of division (F) of section 3313.603 and section 3314.36	40263
of the Revised Code.	40264

No rule adopted under this division shall be effective	40265
earlier than one year after the date the rule is filed in final	40266
form pursuant to Chapter 119. of the Revised Code.	40267

~~(F)~~(E) Not later than forty-five days prior to the state	40268
board's adoption of a resolution directing the department of	40269
education to file the rules prescribed by division ~~(E)~~(D) of this	40270
section in final form under section 119.04 of the Revised Code,	40271
the superintendent of public instruction shall present the	40272
assessment system developed under this section to the respective	40273
committees of the house of representatives and senate that	40274
consider education legislation.	40275

Sec. 3301.16. Pursuant to standards prescribed by the state	40276
board of education as provided in division (D) of section 3301.07	40277
of the Revised Code, the state board shall classify and charter	40278
school districts and individual schools within each district	40279
except that no charter shall be granted to a nonpublic school	40280
unless the school complies with section 3313.612 of the Revised	40281
Code.	40282

In the course of considering the charter of a new school	40283
district created under section 3311.26 or 3311.38 of the Revised	40284
Code, the state board shall require the party proposing creation	40285
of the district to submit to the board a map, certified by the	40286
county auditor of the county in which the proposed new district is	40287
located, showing the boundaries of the proposed new district. In	40288
the case of a proposed new district located in more than one	40289
county, the map shall be certified by the county auditor of each	40290
county in which the proposed district is located.	40291

The state board shall revoke the charter of any school	40292
district or school which fails to meet the standards for	40293
elementary and high schools as prescribed by the board. The state	40294
board shall also revoke the charter of any nonpublic school that	40295
does not comply with section 3313.612 of the Revised Code. ~~The~~	40296
~~state board may revoke the charter of any school district that~~	40297
~~fails to meet the operating standards established under division~~	40298
~~(D)(3) of section 3301.07 of the Revised Code.~~	40299

In the issuance and revocation of school district or school	40300
charters, the state board shall be governed by the provisions of	40301
Chapter 119. of the Revised Code.	40302

No school district, or individual school operated by a school	40303
district, shall operate without a charter issued by the state	40304
board under this section.	40305

In case a school district charter is revoked pursuant to this	40306
section, the state board may dissolve the school district and	40307
transfer its territory to one or more adjacent districts. An	40308
equitable division of the funds, property, and indebtedness of the	40309
school district shall be made by the state board among the	40310
receiving districts. The board of education of a receiving	40311
district shall accept such territory pursuant to the order of the	40312
state board. Prior to dissolving the school district, the state	40313
board shall notify the appropriate educational service center	40314
governing board and all adjacent school district boards of	40315
education of its intention to do so. Boards so notified may make	40316
recommendations to the state board regarding the proposed	40317
dissolution and subsequent transfer of territory. Except as	40318
provided in section 3301.161 of the Revised Code, the transfer	40319
ordered by the state board shall become effective on the date	40320
specified by the state board, but the date shall be at least	40321
thirty days following the date of issuance of the order.	40322

A high school is one of higher grade than an elementary	40323
school, in which instruction and training are given in accordance	40324
with sections 3301.07 and 3313.60 of the Revised Code and which	40325
also offers other subjects of study more advanced than those	40326
taught in the elementary schools and such other subjects as may be	40327
approved by the state board of education.	40328

An elementary school is one in which instruction and training	40329
are given in accordance with sections 3301.07 and 3313.60 of the	40330
Revised Code and which offers such other subjects as may be	40331
approved by the state board of education. In districts wherein a	40332
junior high school is maintained, the elementary schools in that	40333
district may be considered to include only the work of the first	40334
six school years inclusive, plus the kindergarten year.	40335

~~A high school or an elementary school may consist of less~~	40336
~~than one or more than one organizational unit, as defined in~~	40337
~~sections 3306.02 and 3306.04 of the Revised Code.~~	40338

Sec. 3301.162. (A) If the governing authority of a chartered	40339
nonpublic school intends to close the school, the governing	40340
authority shall notify all of the following of that intent prior	40341
to closing the school:	40342

(1) The department of education;

40343

(2) The school district that receives auxiliary services	40344
funding under division ~~(I)~~(E) of section 3317.024 of the Revised	40345
Code on behalf of the students enrolled in the school;	40346

(3) The accrediting association that most recently accredited	40347
the school for purposes of chartering the school in accordance	40348
with the rules of the state board of education, if applicable.	40349

The notice shall include the school year and, if possible,	40350
the actual date the school will close.	40351

(B) The chief administrator of each chartered nonpublic	40352
school that closes shall deposit the school's records with either:	40353

(1) The accrediting association that most recently accredited	40354
the school for purposes of chartering the school in accordance	40355
with the rules of the state board, if applicable;	40356

(2) The school district that received auxiliary services	40357
funding under division ~~(I)~~(E) of section 3317.024 of the Revised	40358
Code on behalf of the students enrolled in the school.	40359

The school district that receives the records may charge for	40360
and receive a one-time reimbursement from auxiliary services	40361
funding under division ~~(I)~~(E) of section 3317.024 of the Revised	40362
Code for costs the district incurred to store the records.	40363

Sec. 3301.70. (A) The state board of education is the	40364
designated state agency responsible for the coordination and	40365
administration of sections 110 to 118 of the "National and	40366
Community Service Act of 1990," 104 Stat. 3127 (1990), 42 U.S.C.	40367
12401 to 12431, as amended. With the assistance of the Ohio	40368
~~community~~commission on service ~~council~~and volunteerism created	40369
in section 121.40 of the Revised Code, the state board shall	40370
coordinate with other state agencies to apply for funding under	40371
the act when appropriate.	40372

(B) With the assistance of the Ohio ~~community~~commission on	40373
service ~~council~~and volunteerism, the state board of education	40374
shall develop a plan to assist school districts in the	40375
implementation of section 3313.605 of the Revised Code and other	40376
community service activities of school districts. The state board	40377
shall encourage the development of school district programs	40378
meeting the requirements for funding under the National and	40379
Community Service Act of 1990. The plan shall include the	40380
investigation of funding from all available sources for school	40381
community service education programs, including funds available	40382
under the National and Community Service Act of 1990, and the	40383
provision of technical assistance to school districts for the	40384
implementation of community service education programs. The plan	40385
shall also provide for technical assistance to be given to school	40386
boards to assist in obtaining funds for community service	40387
education programs from any source.	40388

(C) With the assistance of the Ohio ~~community~~commission on	40389
service ~~council~~and volunteerism, the state board of education	40390
shall do all of the following:	40391

(1) Disseminate information about school district community	40392
service education programs to other school districts and to	40393
statewide organizations involved with or promoting volunteerism;	40394

(2) Recruit additional school districts to develop community	40395
service education programs;	40396

(3) Identify or develop model community service programs,	40397
teacher training courses, and community service curricula and	40398
teaching materials for possible use by school districts in their	40399
programs.	40400

Sec. 3302.02. Not later than one year after the adoption of	40401
rules under division ~~(E)~~(D) of section 3301.0712 of the Revised	40402
Code and at least every sixth year thereafter, upon	40403
recommendations of the superintendent of public instruction, the	40404
state board of education shall establish performance indicators	40405
for the report cards required by division (C) of section 3302.03	40406
of the Revised Code. In establishing these indicators, the	40407
superintendent shall consider inclusion of student performance on	40408
assessments prescribed under section 3301.0710 or 3301.0712 of the	40409
Revised Code, rates of student improvement on such assessments,	40410
student attendance, the breadth of coursework available within the	40411
district, and other indicators of student success. Not later than	40412
December 31, 2011, the state board, upon recommendation of the	40413
superintendent, shall establish a performance indicator reflecting	40414
the level of services provided to, and the performance of,	40415
students identified as gifted under Chapter 3324. of the Revised	40416
Code.	40417

The superintendent shall inform the Ohio accountability task	40418
force established under section 3302.021 of the Revised Code of	40419
the performance indicators the superintendent establishes under	40420
this section and the rationale for choosing each indicator and for	40421
determining how a school district or building meets that	40422
indicator.	40423

The superintendent shall not establish any performance	40424
indicator for passage of the third or fourth grade English	40425
language arts assessment that is solely based on the assessment	40426
given in the fall for the purpose of determining whether students	40427
have met the reading guarantee provisions of section 3313.608 of	40428
the Revised Code.	40429

Sec. 3302.031. In addition to the report cards required under	40430
section 3302.03 of the Revised Code, the department of education	40431
shall annually prepare the following reports for each school	40432
district and make a copy of each report available to the	40433
superintendent of each district:	40434

(A) A funding and expenditure accountability report which	40435
shall consist of the amount of state aid payments the school	40436
district will receive during the fiscal year under ~~Chapters 3306.~~	40437
~~and~~Chapter 3317. of the Revised Code and any other fiscal data	40438
the department determines is necessary to inform the public about	40439
the financial status of the district;	40440

(B) A school safety and discipline report which shall consist	40441
of statistical information regarding student safety and discipline	40442
in each school building, including the number of suspensions and	40443
expulsions disaggregated according to race and gender;	40444

(C) A student equity report which shall consist of at least a	40445
description of the status of teacher qualifications, library and	40446
media resources, textbooks, classroom materials and supplies, and	40447
technology resources for each district. To the extent possible,	40448
the information included in the report required under this	40449
division shall be disaggregated according to grade level, race,	40450
gender, disability, and scores attained on assessments required	40451
under section 3301.0710 of the Revised Code.	40452

(D) A school enrollment report which shall consist of	40453
information about the composition of classes within each district	40454
by grade and subject disaggregated according to race, gender, and	40455
scores attained on assessments required under section 3301.0710 of	40456
the Revised Code;	40457

(E) A student retention report which shall consist of the	40458
number of students retained in their respective grade levels in	40459
the district disaggregated by grade level, subject area, race,	40460
gender, and disability;	40461

(F) A school district performance report which shall describe	40462
for the district and each building within the district the extent	40463
to which the district or building meets each of the applicable	40464
performance indicators established under section 3302.02 of the	40465
Revised Code, the number of performance indicators that have been	40466
achieved, and the performance index score. In calculating the	40467
rates of achievement on the performance indicators and the	40468
performance index scores for each report, the department shall	40469
exclude all students with disabilities.	40470

Sec. 3302.042. (A) The department of education annually shall	40471
rank all schools statewide that are operated by a city, exempted	40472
village, or local school district in order according to the	40473
schools' performance index scores.	40474

(B) This section shall operate as a pilot project that	40475
applies to any school that has been ranked in the lowest five per	40476
cent of performance index scores statewide for three or more	40477
consecutive school years and is operated by the Columbus city	40478
school district.	40479

(C) Except as provided in division (E) of this section, if	40480
the parents or guardians of at least fifty per cent of the	40481
students enrolled in a school to which this section applies, or if	40482
the parents or guardians of at least fifty per cent of the total	40483
number of students enrolled in that school and the schools of	40484
lower grade levels whose students typically matriculate into that	40485
school, sign and file with the school district treasurer a	40486
petition requesting the district board of education to implement	40487
one of the following reforms in the school, and if the validity	40488
and sufficiency of the petition is certified in accordance with	40489
division (D) of this section, the board shall implement the	40490
requested reform in the next school year:	40491

(1) Reopen the school as a community school under Chapter	40492
3314. of the Revised Code;	40493

(2) Replace at least seventy per cent of the school's	40494
personnel who are related to the school's poor academic	40495
performance or, at the request of the petitioners, retain not more	40496
than thirty per cent of the personnel;	40497

(3) Contract with another school district or a nonprofit or	40498
for-profit entity with a demonstrated record of effectiveness to	40499
operate the school;	40500

(4) Turn operation of the school over to the department;

40501

(5) Any other major restructuring of the school that makes	40502
fundamental reforms in the school's staffing or governance.	40503

(D) Not later than thirty days after receipt of a petition	40504
under division (C) of this section, the district treasurer shall	40505
verify the validity and sufficiency of the signatures on the	40506
petition and certify to the district board whether the petition	40507
contains the necessary number of valid signatures to require the	40508
board to implement the reform requested by the petitioners. If the	40509
treasurer certifies to the district board that the petition does	40510
not contain the necessary number of valid signatures, any person	40511
who signed the petition may file an appeal with the county auditor	40512
within ten days after the certification. Not later than thirty	40513
days after the filing of an appeal, the county auditor shall	40514
conduct an independent verification of the validity and	40515
sufficiency of the signatures on the petition and certify to the	40516
district board whether the petition contains the necessary number	40517
of valid signatures to require the board to implement the	40518
requested reform. If the treasurer or county auditor certifies	40519
that the petition contains the necessary number of valid	40520
signatures, the district board shall notify the superintendent of	40521
public instruction and the state board of education of the	40522
certification.	40523

(E) The district board shall not implement the reform	40524
requested by the petitioners in any of the following	40525
circumstances:	40526

(1) The district board has determined that the request is for	40527
reasons other than improving student academic achievement or	40528
student safety.	40529

(2) The state superintendent has determined that	40530
implementation of the requested reform would not comply with the	40531
model of differentiated accountability described in section	40532
3302.041 of the Revised Code.	40533

(3) The petitioners have requested the district board to	40534
implement the reform described in division (C)(4) of this section	40535
and the department has not agreed to take over the school's	40536
operation.	40537

(4) When all of the following have occurred:

40538

(a) After a public hearing on the matter, the district board	40539
issued a written statement explaining the reasons that it is	40540
unable to implement the requested reform and agreeing to implement	40541
one of the other reforms described in division (C) of this	40542
section.	40543

(b) The district board submitted its written statement to the	40544
state superintendent and the state board along with evidence	40545
showing how the alternative reform the district board has agreed	40546
to implement will enable the school to improve its academic	40547
performance.	40548

(c) Both the state superintendent and the state board have	40549
approved implementation of the alternative reform.	40550

(F) Beginning not later than six months after the first	40551
petition under this section has been resolved, the department of	40552
education shall annually evaluate the pilot program and submit a	40553
report to the general assembly under section 101.68 of the Revised	40554
Code. Such reports shall contain its recommendations to the	40555
general assembly with respect to the continuation of the pilot	40556
program, its expansion to other school districts, or the enactment	40557
of further legislation establishing the program statewide under	40558
permanent law.	40559

Sec. 3302.05. The state board of education shall adopt rules	40560
freeing school districts declared to be excellent under division	40561
(B)(1) or effective under division (B)(2) of section 3302.03 of	40562
the Revised Code from specified state mandates. Any mandates	40563
included in the rules shall be only those statutes or rules	40564
pertaining to state education requirements. The rules shall not	40565
exempt districts ~~from any standard or requirement of section~~	40566
~~3306.09 of the Revised Code or~~ from any operating standard adopted	40567
under division (D)(3) of section 3301.07 or from the requirements	40568
of sections 3317.141, 3319.08, 3319.111, or 3319.17 of the Revised	40569
Code.	40570

Sec. 3302.06. (A) Any school operated by a city, exempted	40571
village, or local school district may apply to the district board	40572
of education to be designated as an innovation school. Each	40573
application shall include an innovation plan that contains the	40574
following:	40575

(1) A statement of the school's mission and an explanation of	40576
how the designation would enhance the school's ability to fulfill	40577
its mission;	40578

(2) A description of the innovations the school would	40579
implement;	40580

(3) An explanation of how implementation of the innovations	40581
described in division (A)(2) of this section would affect the	40582
school's programs and policies, including any of the following	40583
that apply:	40584

(a) The school's educational program;

40585

(b) The length of the school day and the school year;

40586

40587

(d) The school's plan for the assessment of students;

40588

(e) The school's budget;

40589

(f) The school's staffing levels.

40590

(4) A description of the improvements in student academic	40591
performance that the school expects to achieve by implementing the	40592
innovations described in division (A)(2) of this section;	40593

(5) An estimate of the cost savings and increased	40594
efficiencies, if any, that the school expects to achieve by	40595
implementing the innovations described in division (A)(2) of this	40596
section;	40597

(6) A description of any laws in Title XXXIII of the Revised	40598
Code, rules adopted by the state board of education, or	40599
requirements enacted by the district board that would need to be	40600
waived to implement the innovations described in division (A)(2)	40601
of this section;	40602

(7) A description of any provisions of a collective	40603
bargaining agreement covering personnel of the school that would	40604
need to be waived to implement the innovations described in	40605
division (A)(2) of this section;	40606

(8) Evidence that a majority of the administrators assigned	40607
to the school and a majority of the teachers assigned to the	40608
school consent to seeking the designation and a statement of the	40609
level of support for seeking the designation demonstrated by other	40610
staff working in the school, students enrolled in the school and	40611
their parents, and members of the community in which the school is	40612
located.	40613

(B) Two or more schools that are operated by the district may	40614
apply to the district board to be designated as an innovation	40615
school zone, if the schools share common interests based on	40616
factors such as geographical proximity or similar educational	40617
programs or if the schools serve the same classes of students as	40618
they advance to higher grade levels. Each application shall	40619
include an innovation plan that contains the information	40620
prescribed by divisions (A)(1) to (8) of this section for each	40621
participating school and the following additional information:	40622

(1) A description of how innovations in the participating	40623
schools would be integrated to achieve results that would be less	40624
likely to be achieved by each participating school alone;	40625

(2) An estimate of any economies of scale that would be	40626
realized by implementing innovations jointly.	40627

Sec. 3302.061. (A) A school district board of education shall	40628
review each application received under section 3302.06 of the	40629
Revised Code and, within sixty days after receipt of the	40630
application, shall approve or disapprove the application. In	40631
reviewing applications, the board shall give preference to	40632
applications that propose innovations in one or more of the	40633
following areas:	40634

(1) Curriculum;

40635

(2) Student assessments, other than the assessments	40636
prescribed by sections 3301.0710 and 3301.0712 of the Revised	40637
Code;	40638

(3) Class scheduling;

40639

(4) Accountability measures, including innovations that	40640
expand the number and variety of measures used in order to collect	40641
more complete data about student academic performance. For this	40642
purpose, schools may consider use of measures such as	40643
end-of-course examinations, portfolios of student work, nationally	40644
or internationally normed assessments, the percentage of students	40645
enrolling in post-secondary education, or the percentage of	40646
students simultaneously obtaining a high school diploma and an	40647
associate's degree or certification to work in an industry or	40648
career field.	40649

(5) Provision of student services, including services for	40650
students who are disabled, identified as gifted under Chapter	40651
3324. of the Revised Code, limited English proficient, at risk of	40652
academic failure or dropping out, or at risk of suspension or	40653
expulsion;	40654

(6) Provision of health, counseling, or other social services	40655
to students;	40656

(7) Preparation of students for transition to higher	40657
education or the workforce;	40658

(8) Teacher recruitment, employment, and evaluation;

40659

(9) Compensation for school personnel;

40660

(10) Professional development;

40661

(11) School governance and the roles and responsibilities of	40662
principals;	40663

(12) Use of financial or other resources.

40664

(B)(1) If the board approves an application seeking	40665
designation as an innovation school, it shall so designate the	40666
school that submitted the application. If the board approves an	40667
application seeking designation as an innovation school zone, it	40668
shall so designate the participating schools that submitted the	40669
application.	40670

(2) If the board disapproves an application, it shall provide	40671
a written explanation of the basis for its decision to the school	40672
or schools that submitted the application. The school or schools	40673
may reapply for designation as an innovation school or innovation	40674
school zone at any time.	40675

(C) The board may approve an application that allows an	40676
innovation school or a school participating in an innovation	40677
school zone to determine the compensation of board employees	40678
working in the school, but the total compensation for all such	40679
employees shall not exceed the financial resources allocated to	40680
the school by the board. The school shall not be required to	40681
comply with the salary schedule adopted by the board under section	40682
3317.14 or 3317.141 of the Revised Code. The board may approve an	40683
application that allows an innovation school or a school	40684
participating in an innovation school zone to remove board	40685
employees from the school, but no employee shall be terminated	40686
except as provided in section 3319.081 or 3319.16 of the Revised	40687
Code.	40688

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

40689

(1) Designate a school as an innovation school by creating an	40690
innovation plan for that school and offering the school an	40691
opportunity to participate in the plan's creation;	40692

(2) Designate as an innovation school zone two or more	40693
schools that share common interests based on factors such as	40694
geographical proximity or similar educational programs or that	40695
serve the same classes of students as they advance to higher grade	40696
levels, by creating an innovation plan for those schools and	40697
offering the schools an opportunity to participate in the plan's	40698
creation.	40699

Sec. 3302.062. (A) If a school district board of education	40700
approves an application under division (B)(1) of section 3302.061	40701
of the Revised Code or designates an innovation school or	40702
innovation school zone under division (D) of that section, the	40703
district board shall apply to the state board of education for	40704
designation as a school district of innovation by submitting to	40705
the state board the innovation plan included in the approved	40706
application or created by the district board.	40707

Within sixty days after receipt of the application, the state	40708
board shall designate the district as a school district of	40709
innovation, unless the state board determines that the submitted	40710
innovation plan is not financially feasible or will likely result	40711
in decreased academic achievement. If the state board so	40712
determines, it shall provide a written explanation of the basis	40713
for its determination to the district board. If the district is	40714
not designated as a school district of innovation, the district	40715
board shall not implement the innovation plan. However, the	40716
district board may reapply for designation as a school district of	40717
innovation at any time.	40718

(B) A district board may request the state board to make a	40719
preliminary review of an innovation plan prior to the district	40720
board's formal application for designation as a school district of	40721
innovation. In that case, the state board shall review the	40722
innovation plan and, within sixty days after the request,	40723
recommend to the district board any changes or additions that the	40724
state board believes will improve the plan, which may include	40725
further innovations or measures to increase the likelihood that	40726
the innovations will result in higher academic achievement. The	40727
district board may revise the innovation plan prior to making	40728
formal application for designation as a school district of	40729
innovation.	40730

Sec. 3302.063. (A) Except as provided in division (B) of this	40731
section, upon designation of a school district of innovation under	40732
section 3302.062 of the Revised Code, the state board of education	40733
shall waive any laws in Title XXXIII of the Revised Code or rules	40734
adopted by the state board that are specified in the innovation	40735
plan submitted by the district board of education as needing to be	40736
waived to implement the plan. The waiver shall apply only to the	40737
school or schools participating in the innovation plan and shall	40738
not apply to the district as a whole, unless each of the	40739
district's schools is a participating school. The waiver shall	40740
cease to apply to a school if the school's designation as an	40741
innovation school is revoked or the innovation school zone in	40742
which the school participates has its designation revoked under	40743
section 3302.065 of the Revised Code, or if the school is removed	40744
from an innovation school zone under that section or section	40745
3302.064 of the Revised Code.	40746

(B) The state board shall not waive any law or rule regarding	40747
the following:	40748

(1) Funding for school districts under Chapter 3317. of the	40749
Revised Code;	40750

(2) The requirements of Chapters 3323. and 3324. of the	40751
Revised Code for the provision of services to students with	40752
disabilities and gifted students;	40753

(3) Requirements related to the provision of career-technical	40754
education that are necessary to comply with federal law or	40755
maintenance of effort provisions;	40756

(4) Administration of the assessments prescribed by sections	40757
3301.0710, 3301.0712, and 3301.0715 of the Revised Code;	40758

(5) Requirements related to the issuance of report cards and	40759
the assignment of performance ratings under section 3302.03 of the	40760
Revised Code;	40761

(6) Implementation of the model of differentiated	40762
accountability under section 3302.041 of the Revised Code;	40763

(7) Requirements for the reporting of data to the department	40764
of education;	40765

(8) Criminal records checks of school employees;

40766

(9) The requirements of Chapters 3307. and 3309. regarding	40767
the retirement systems for teachers and school employees.	40768

(C) If a district board's revisions to an innovation plan	40769
under section 3302.066 of the Revised Code require a waiver of	40770
additional laws or state board rules, the state board shall grant	40771
a waiver from those laws or rules upon evidence that	40772
administrators and teachers have consented to the revisions as	40773
required by that section.	40774

Sec. 3302.064. (A) Each collective bargaining agreement	40775
entered into by a school district board of education under Chapter	40776
4117. of the Revised Code on or after the effective date of this	40777
section shall allow for the waiver of any provision of the	40778
agreement specified in the innovation plan approved or created	40779
under section 3302.061 of the Revised Code as needing to be waived	40780
to implement the plan, in the event the district is designated as	40781
a school district of innovation.	40782

(B)(1) In the case of an innovation school, waiver of the	40783
provisions specified in the innovation plan shall be contingent	40784
upon at least sixty per cent of the members of the bargaining unit	40785
covered by the collective bargaining agreement who work in the	40786
school voting, by secret ballot, to approve the waiver.	40787

(2) In the case of an innovation school zone, waiver of the	40788
provisions specified in the innovation plan shall be contingent	40789
upon, in each participating school, at least sixty per cent of the	40790
members of the bargaining unit covered by the collective	40791
bargaining agreement who work in that school voting, by secret	40792
ballot, to approve the waiver. If at least sixty per cent of the	40793
members of the bargaining unit in a participating school do not	40794
vote to approve the waiver, the board may revise the innovation	40795
plan to remove that school from the innovation school zone.	40796

(3) If a board's revisions to an innovation plan under	40797
section 3302.066 of the Revised Code require a waiver of	40798
additional provisions of the collective bargaining agreement, that	40799
waiver shall be contingent upon approval under division (B)(1) or	40800
(2) of this section in the same manner as the initial waiver.	40801

(C) A waiver approved under division (B) of this section	40802
shall continue to apply relative to any substantially similar	40803
provision of a collective bargaining agreement entered into after	40804
the approval of the waiver.	40805

(D) A waiver approved under division (B) of this section	40806
shall cease to apply to a school if the school's designation as an	40807
innovation school is revoked or the innovation school zone in	40808
which the school participates has its designation revoked under	40809
section 3302.065 of the Revised Code, or if the school is removed	40810
from an innovation school zone under that section.	40811

(E) An employee working in an innovation school or a school	40812
participating in an innovation school zone who is a member of a	40813
bargaining unit that approves a waiver under division (B) of this	40814
section may request the board to transfer the employee to another	40815
school operated by the district. The board shall make every	40816
reasonable effort to accommodate the employee's request.	40817

Sec. 3302.065. Not later than three years after obtaining	40818
designation as a school district of innovation under section	40819
3302.062 of the Revised Code, and every three years thereafter,	40820
the district board of education shall review the performance of	40821
the innovation school or innovation school zone and determine if	40822
it is achieving, or making sufficient progress toward achieving,	40823
the improvements in student academic performance that were	40824
described in its innovation plan. If the board finds that an	40825
innovation school is not achieving, or not making sufficient	40826
progress toward achieving, those improvements in student academic	40827
performance, the board may revoke the designation as an innovation	40828
school. If the board finds that a school participating in an	40829
innovation school zone is not achieving, or not making sufficient	40830
progress toward achieving, those improvements in student academic	40831
performance, the board may remove that school from the innovation	40832
school zone or may revoke the designation of all participating	40833
schools as an innovation school zone.	40834

Sec. 3302.066. A school district board of education may	40835
revise an innovation plan approved or created under section	40836
3302.061 of the Revised Code, in collaboration with the school or	40837
schools participating in the plan, to further improve student	40838
academic performance. The revisions may include identifying	40839
additional laws in Title XXXIII of the Revised Code, rules adopted	40840
by the state board of education, requirements enacted by the	40841
district board, or provisions of a collective bargaining agreement	40842
that need to be waived. Any revisions to an innovation plan shall	40843
require the consent, in each school participating in the plan, of	40844
a majority of the administrators assigned to that school and a	40845
majority of the teachers assigned to that school.	40846

Sec. 3302.067. The board of education of any district	40847
designated as a school district of innovation or any school	40848
participating in an innovation plan may accept, receive, and	40849
expend gifts, grants, or donations from any public or private	40850
entity to support the implementation of the plan.	40851

Sec. 3302.068. Not later than the first day of July each	40852
year, the department of education shall issue, and post on its web	40853
site, a report on school districts of innovation. The report shall	40854
include the following information:	40855

(A) The number of districts designated as school districts of	40856
innovation in the preceding school year and the total number of	40857
school districts of innovation statewide;	40858

(B) The number of innovation schools in each school district	40859
of innovation and the number of district students served by the	40860
schools, expressed as a total number and as a percentage of the	40861
district's total student population;	40862

(C) The number of innovation school zones in each school	40863
district of innovation, the number of schools participating in	40864
each zone, and the number of district students served by the	40865
participating schools, expressed as a total number and as a	40866
percentage of the district's total student population;	40867

(D) An overview of the innovations implemented in innovation	40868
schools and innovation school zones;	40869

(E) Data on the academic performance of the students enrolled	40870
in an innovation school or an innovation school zone in each	40871
school district of innovation, including a comparison of the	40872
students' academic performance before and after the district's	40873
designation as a school district of innovation;	40874

(F) Recommendations for legislative changes based on the	40875
innovations implemented or to enhance the ability of schools and	40876
districts to implement innovations.	40877

Sec. 3302.07. (A) The board of education of any school	40878
district, the governing board of any educational service center,	40879
or the administrative authority of any chartered nonpublic school	40880
may submit to the state board of education an application	40881
proposing an innovative education pilot program the implementation	40882
of which requires exemptions from specific statutory provisions or	40883
rules. If a district or service center board employs teachers	40884
under a collective bargaining agreement adopted pursuant to	40885
Chapter 4117. of the Revised Code, any application submitted under	40886
this division shall include the written consent of the teachers'	40887
employee representative designated under division (B) of section	40888
4117.04 of the Revised Code. The exemptions requested in the	40889
application shall be limited to any requirement of Title XXXIII of	40890
the Revised Code or of any rule of the state board adopted	40891
pursuant to that title except that the application may not propose	40892
an exemption from any requirement of or rule adopted pursuant to	40893
~~section 3306.09,~~ Chapter 3307. or 3309., sections 3319.07 to	40894
3319.21, or Chapter 3323. of the Revised Code. Furthermore, an	40895
exemption from any operating standard adopted under division	40896
(B)(2) or (D)~~(3)~~ of section 3301.07 of the Revised Code shall be	40897
granted only pursuant to a waiver granted by the superintendent of	40898
public instruction under division (O) of that section.	40899

(B) The state board of education shall accept any application	40900
submitted in accordance with division (A) of this section. The	40901
superintendent of public instruction shall approve or disapprove	40902
the application in accordance with standards for approval, which	40903
shall be adopted by the state board.	40904

(C) The superintendent of public instruction shall exempt	40905
each district or service center board or chartered nonpublic	40906
school administrative authority with an application approved under	40907
division (B) of this section for a specified period from the	40908
statutory provisions or rules specified in the approved	40909
application. The period of exemption shall not exceed the period	40910
during which the pilot program proposed in the application is	40911
being implemented and a reasonable period to allow for evaluation	40912
of the effectiveness of the program.	40913

Sec. 3302.12. (A) Not later than the first day of September	40914
each year, the superintendent of public instruction shall rank all	40915
school buildings operated by a school district statewide from	40916
highest to lowest according to the buildings' performance index	40917
scores. For school buildings to which the performance index score	40918
does not apply, the superintendent shall develop another measure	40919
of student academic performance and use that measure to include	40920
those buildings in the ranking so that all district-operated	40921
buildings may be reliably compared to each other.	40922

(B) For any school building that is ranked in the lowest five	40923
per cent of all district-operated buildings statewide for three	40924
consecutive years and is declared to be under an academic watch or	40925
in a state of academic emergency under section 3302.03 of the	40926
Revised Code, the district board of education shall do one of the	40927
following at the conclusion of the school year in which the	40928
building first becomes subject to this division:	40929

(1) Close the school and direct the district superintendent	40930
to reassign the students enrolled in the school to other school	40931
buildings that demonstrate higher academic achievement;	40932

(2) Contract with another school district or a nonprofit or	40933
for-profit entity with a demonstrated record of effectiveness to	40934
operate the school;	40935

(3) Replace the principal and all teaching staff of the	40936
school and, upon request from the new principal, exempt the school	40937
from all requested policies and regulations of the board regarding	40938
curriculum and instruction. The board also shall distribute	40939
funding to the school in an amount that is at least equal to the	40940
product of the per pupil amount of all revenues received by the	40941
district multiplied by the student population of the school.	40942

(4) Reopen the school as a conversion community school under	40943
Chapter 3314. of the Revised Code.	40944

(C) If an action taken by the board under division (B) of	40945
this section causes the district to no longer maintain all grades	40946
kindergarten through twelve, as required by section 3311.29 of the	40947
Revised Code, the board shall enter into a contract with another	40948
school district pursuant to section 3327.04 of the Revised Code	40949
for enrollment of students in the schools of that other district	40950
to the extent necessary to comply with the requirement of section	40951
3311.29 of the Revised Code. Notwithstanding any provision of the	40952
Revised Code to the contrary, if the board enters into and	40953
maintains a contract under section 3327.04 of the Revised Code,	40954
the district shall not be considered to have failed to comply with	40955
the requirement of section 3311.29 of the Revised Code. If,	40956
however, the district board fails to or is unable to enter into or	40957
maintain such a contract, the state board of education shall take	40958
all necessary actions to dissolve the district as provided in	40959
division (A) of section 3311.29 of the Revised Code.	40960

Sec. 3302.20. (A) The department of education shall develop	40961
standards for determining, from the existing data reported in	40962
accordance with sections 3301.0714 and 3314.17 of the Revised	40963
Code, the amount of annual operating expenditures for classroom	40964
instructional purposes and for nonclassroom purposes for each	40965
city, exempted village, local, and joint vocational school	40966
district, each community school established under Chapter 3314.	40967
that is not an internet- or computer-based community school, each	40968
internet- or computer-based community school, and each STEM school	40969
established under Chapter 3326. of the Revised Code. Not later	40970
than January 1, 2012, the department shall present those standards	40971
to the state board of education for consideration. In developing	40972
the standards, the department shall adapt existing standards used	40973
by professional organizations, research organizations, and other	40974
state governments.	40975

The state board shall consider the proposed standards and	40976
adopt a final set of standards not later than July 1, 2012.	40977

(B)(1) The department shall categorize all city, exempted	40978
village, and local school districts into not less than three nor	40979
more than five groups based primarily on average daily student	40980
enrollment as reported on the most recent report card issued for	40981
each district under section 3302.03 of the Revised Code.	40982

(2) The department shall categorize all joint vocational	40983
school districts into not less than three nor more than five	40984
groups based primarily on average daily membership as reported	40985
under division (D) of section 3317.03 of the Revised Code rounded	40986
to the nearest whole number.	40987

(3) The department shall categorize all community schools	40988
that are not internet- or computer-based community schools into	40989
not less than three nor more than five groups based primarily on	40990
average daily student enrollment as reported on the most recent	40991
report card issued for each community school under sections	40992
3302.03 and 3314.012 of the Revised Code.	40993

(4) The department shall categorize all internet- or	40994
computer-based community schools into a single category.	40995

(5) The department shall categorize all STEM schools into a	40996
single category.	40997

(C) Using the standards adopted under division (A) of this	40998
section and the data reported under sections 3301.0714 and 3314.17	40999
of the Revised Code, the department shall compute, for fiscal	41000
years 2008 through 2012, and annually for each fiscal year	41001
thereafter, the following:	41002

(1) The percentage of each district's, community school's, or	41003
STEM school's total operating budget spent for classroom	41004
instructional purposes;	41005

(2) The statewide average percentage for all districts,	41006
community schools, and STEM schools combined spent for classroom	41007
instructional purposes;	41008

(3) The average percentage for each of the categories of	41009
districts and schools established under division (B) of this	41010
section spent for classroom instructional purposes;	41011

(4) The ranking of each district, community school, or STEM	41012
school within its respective category established under division	41013
(B) of this section according to the following:	41014

(a) From highest to lowest percentage spent for classroom	41015
instructional purposes;	41016

(b) From lowest to highest percentage spent for	41017
noninstructional purposes.	41018

(D) In its display of rankings within each category under	41019
division (C)(4) of this section, the department shall make the	41020
following notations:	41021

(1) Within each category of city, exempted village, and local	41022
school districts, the department shall denote each district that	41023
is:	41024

(a) Among the twenty per cent of all city, exempted village,	41025
and local school districts statewide with the lowest total	41026
operating expenditures per pupil;	41027

(b) Among the twenty per cent of all city, exempted village,	41028
and local school districts statewide with the highest performance	41029
index scores.	41030

(2) Within each category of joint vocational school	41031
districts, the department shall denote each district that is:	41032

(a) Among the twenty per cent of all joint vocational school	41033
districts statewide with the lowest total operating expenditures	41034
per pupil;	41035

(b) Among the twenty per cent of all joint vocational school	41036
districts statewide with the highest performance measures required	41037
for career-technical education under 20 U.S.C. 2323, as ranked	41038
under division (A)(3) of section 3302.21 of the Revised Code.	41039

(3) Within each category of community schools that are not	41040
internet- or computer-based community schools, the department	41041
shall denote each school that is:	41042

(a) Among the twenty per cent of all such community schools	41043
statewide with the lowest total operating expenditures per pupil;	41044

(b) Among the twenty per cent of all such community schools	41045
statewide with the highest performance index scores.	41046

(4) Within the category of internet- or computer-based	41047
community schools, the department shall denote each school that	41048
is:	41049

(a) Among the twenty per cent of all such community schools	41050
statewide with the lowest total operating expenditures per pupil;	41051

(b) Among the twenty per cent of all such community schools	41052
statewide with the highest performance index scores.	41053

(5) Within the category of STEM schools, the department shall	41054
denote each school that is:	41055

(a) Among the twenty per cent of all STEM schools statewide	41056
with the lowest total operating expenditures per pupil;	41057

(b) Among the twenty per cent of all STEM schools statewide	41058
with the highest performance index scores.	41059

(E) The department shall post in a prominent location on its	41060
web site the information prescribed by divisions (C) and (D) of	41061
this section. The department also shall include on each	41062
district's, community school's, and STEM school's annual report	41063
card issued under section 3302.03 of the Revised Code the	41064
respective information computed for the district or school under	41065
divisions (C)(1) and (4) of this section, the statewide	41066
information computed under division (C)(2) of this section, and	41067
the information computed for the district's or school's category	41068
under division (C)(3) of this section.	41069

(F) As used in this section, "internet- or computer-based	41070
community school" has the same meaning as in section 3314.02 of	41071
the Revised Code.	41072

Sec. 3302.21. (A) The department of education shall develop	41073
a system to rank order all city, exempted village, local, and	41074
joint vocational school districts, community schools established	41075
under Chapter 3314., and STEM schools established under Chapter	41076
3326. of the Revised Code according to the following measures:	41077

(1) Performance index score;

41078

(2) Student performance growth from year to year, using the	41079
value-added progress dimension, if applicable, and other measures	41080
of student performance growth designated by the superintendent of	41081
public instruction for subjects and grades not covered by the	41082
value-added progress dimension;	41083

(3) Performance measures required for career-technical	41084
education under 20 U.S.C. 2323, if applicable. If a school	41085
district is a "VEPD" or "lead district" as those terms are defined	41086
in section 3317.023 of the Revised Code, the district's ranking	41087
shall be based on the performance of career-technical students	41088
from that district and all other districts served by that	41089
district, and such fact, including the identity of the other	41090
districts served by that district, shall be noted on the report	41091
required by division (B) of this section.	41092

(4) Current operating expenditures per pupil;

41093

(5) Of total current operating expenditures, percentage spent	41094
for classroom instruction as determined under standards adopted by	41095
the state board of education.	41096

The department shall rank each district, community school,	41097
and STEM school annually in accordance with the system developed	41098
under this section.	41099

(B) In addition to the reports required by sections 3302.03	41100
and 3302.031 of the Revised Code, the department shall issue an	41101
annual report for each city, exempted village, local, and joint	41102
vocational school district, each community school, and each STEM	41103
school indicating the district's or school's rank on each measure	41104
described in divisions (A)(1) to (5) of this section.	41105

Sec. 3302.22. (A) The governor's effective and efficient	41106
schools recognition program is hereby created. Each year, the	41107
governor shall recognize, in a manner deemed appropriate by the	41108
governor, the top ten per cent of all public and chartered	41109
nonpublic schools in this state. Public schools shall include	41110
schools operated by city, exempted village, local, or joint	41111
vocational school districts, community schools established under	41112
Chapter 3314. of the Revised Code, and STEM schools established	41113
under Chapter 3326. of the Revised Code.	41114

(B) The top ten per cent of schools shall be determined by	41115
the department of education according to standards established by	41116
the department. The standards shall include, but need not be	41117
limited to, both of the following:	41118

(1) Student performance, as determined by factors including,	41119
but not limited to, performance indicators under section 3302.02	41120
of the Revised Code, report cards issued under section 3302.03 of	41121
the Revised Code, and any other statewide or national assessment	41122
or student performance recognition program the department selects;	41123

(2) Fiscal performance, including cost-effective measures	41124
taken by the school.	41125

Sec. 3302.23. The teacher incentive payment program is	41126
hereby established. Under the program, the department of education	41127
shall pay to eligible classroom teachers an annual stipend of	41128
fifty dollars for each of the teachers' students in classes that	41129
have achieved more than a standard year of academic growth, as	41130
defined in the rules adopted under section 3302.021 of the Ohio	41131
Revised Code, in one or more eligible subject areas taught by the	41132
teachers, as measured by the value-added progress dimension. The	41133
program applies only to teachers who teach in city, exempted	41134
village, local, and joint vocational school districts, community	41135
schools established under Chapter 3314. of the Revised Code, or	41136
STEM schools established under Chapter 3326. of the Revised Code	41137
in subject areas and grade levels for which value-added data is	41138
available under the value-added progress dimension, as determined	41139
by the department.	41140

If a student attains more than a standard year of academic	41141
growth in more than one eligible subject area, the fifty-dollar	41142
stipend attributable to that student shall be divided among the	41143
teachers who taught those subjects. If more than one teacher is	41144
responsible to teach a particular student in one eligible subject	41145
area, such as in a team-teaching arrangement, and that student	41146
attains more than a standard year of academic growth in that	41147
subject area, the portion of the stipend attributable to that	41148
student for that subject area shall be divided among the teachers	41149
who taught that student in that subject area.	41150

The first stipends paid under this section shall be based on	41151
student performance for the 2011-2012 school year as computed for	41152
the school district and school report cards issued by the	41153
department in 2012.	41154

The department shall pay the stipend to each eligible teacher	41155
as soon as possible after determining the teacher's eligibility.	41156

The state board of education, in consultation with the	41157
governor's office, shall adopt rules for the implementation of	41158
this section.	41159

Sec. 3302.24. The teacher incentive payment program fund is	41160
hereby established in the state treasury. The fund shall consist	41161
of moneys appropriated by the general assembly specifically for	41162
the payment of stipends under the teacher incentive payment	41163
program established under section 3302.23 of the Revised Code. The	41164
department of education shall use moneys in the fund for that	41165
purpose.	41166

Sec. 3302.25. (A) In accordance with standards prescribed by	41167
the state board of education for categorization of school district	41168
expenditures adopted under division (A) of section 3302.20 of the	41169
Revised Code, the department of education annually shall determine	41170
all of the following for the previous fiscal year:	41171

(1) For each school district, the ratio of the district's	41172
operating expenditures for instructional purposes compared to its	41173
operating expenditures for administrative purposes;	41174

(2) For each school district, the per pupil amount of the	41175
district's expenditures for instructional purposes;	41176

(3) For each school district, the per pupil amount of the	41177
district's operating expenditures for administrative purposes;	41178

(4) For each school district, the percentage of the	41179
district's operating expenditures attributable to school district	41180
funds;	41181

(5) The statewide average among all school districts for each	41182
of the items described in divisions (A)(1) to (4) of this section.	41183

(B) The department annually shall submit a report to each	41184
school district indicating the district's information for each of	41185
the items described in divisions (A)(1) to (4) of this section and	41186
the statewide averages described in division (A)(5) of this	41187
section.	41188

(C) Each school district, upon receipt of the report	41189
prescribed by division (B) of this section, shall publish the	41190
information contained in that report in a prominent location on	41191
the district's web site and publish the report in another fashion	41192
so that it is available to all parents of students enrolled in the	41193
district and to taxpayers of the district.	41194

Sec. 3302.30. (A) The superintendent of public instruction	41195
shall establish a pilot project in Columbiana county under which	41196
one or more school districts in that county shall offer a	41197
multiple-track high school curriculum for students with differing	41198
career plans. The superintendent shall solicit and select	41199
districts to participate in the pilot project. Selected districts	41200
shall begin offering their career track curricula not later than	41201
the school year that begins at least six months after the	41202
effective date of this section. No district shall be required to	41203
participate in the pilot project.	41204

The curricula provided under the pilot project at each	41205
participating district shall offer at least three distinct career	41206
tracks, including at least a college preparatory track and a	41207
career-technical track. Each track shall comply with the	41208
curriculum requirements of section 3313.603 of the Revised Code.	41209
The different tracks may be offered at different campuses. Two or	41210
more participating districts may offer some or all of their	41211
respective curriculum tracks through a cooperative agreement	41212
entered into under section 3313.842 of the Revised Code.	41213

The department of education shall provide technical	41214
assistance to participating districts in developing the curriculum	41215
tracks to offer to students under the pilot project.	41216

Part or all of selected curriculum materials or services may	41217
be purchased from other public or private sources.	41218

The state superintendent shall apply for private and other	41219
nonstate funds, and may use other available state funds, to	41220
support the pilot project.	41221

(B) Each participating school district shall report to the	41222
state superintendent data about the operation and results of the	41223
pilot project, as required by the superintendent.	41224

(C) Not later than the thirty-first day of December of the	41225
third school year in which the pilot project is operating, the	41226
state superintendent shall submit a report to the general	41227
assembly, in accordance with section 101.68 of the Revised Code,	41228
containing the superintendent's evaluation of the results of the	41229
pilot project and legislative recommendations whether to continue,	41230
expand, or make changes to the pilot project.	41231

Sec. 3304.181. If the total of all funds available from	41232
nonfederal sources to support the activities of the rehabilitation	41233
services commission does not comply with the expenditure	41234
requirements of 34 C.F.R. 361.60 and 361.62 for those activities	41235
or would cause the state to lose an allotment or fail to receive a	41236
reallotment under 34 C.F.R. 361.65, the commission shall solicit	41237
additional funds from, and enter into agreements for the use of	41238
those funds with, private or public entities, including local	41239
government entities of this state. The commission shall continue	41240
to solicit additional funds and enter into agreements until the	41241
total funding available is sufficient for the commission to	41242
receive federal funds at the maximum amount and in the most	41243
advantageous proportion possible.	41244

Any agreement entered into between the commission and a	41245
private or public entity to provide funds under this section shall	41246
be in accordance with 34 C.F.R. 361.28 and section 3304.182 of the	41247
Revised Code.	41248

Sec. 3304.182. Any agreement between the rehabilitation	41249
services commission and a private or public entity providing funds	41250
under section 3304.181 of the Revised Code may permit the	41251
commission to receive a specified percentage of the funds ~~for~~	41252
~~administration~~, but the percentage shall be not more than thirteen	41253
per cent of the total funds available under the agreement. The	41254
agreement shall not be for less than six months or be discontinued	41255
by the commission without the commission first providing three	41256
months notice of intent to discontinue the agreement. The	41257
commission may terminate an agreement only for good cause.	41258

Any services provided under an agreement entered into under	41259
section 3304.181 of the Revised Code shall be provided by a person	41260
or government entity that meets the accreditation standards	41261
established in rules adopted by the commission under section	41262
3304.16 of the Revised Code.	41263

Sec. 3307.20. (A) As used in this section:

41264

(1) "Personal history record" means information maintained by	41265
the state teachers retirement board on an individual who is a	41266
member, former member, contributor, former contributor, retirant,	41267
or beneficiary that includes the address, telephone number, social	41268
security number, record of contributions, correspondence with the	41269
state teachers retirement system, or other information the board	41270
determines to be confidential.	41271

(2) "Retirant" has the same meaning as in section 3307.50 of	41272
the Revised Code.	41273

(B) The records of the board shall be open to public	41274
inspection, except for the following, which shall be excluded,	41275
except with the written authorization of the individual concerned:	41276

(1) The individual's personal records provided for in section	41277
3307.23 of the Revised Code;	41278

(2) The individual's personal history record;

41279

(3) Any information identifying, by name and address, the	41280
amount of a monthly allowance or benefit paid to the individual.	41281

(C) All medical reports and recommendations under sections	41282
3307.62, 3307.64, and 3307.66 of the Revised Code are privileged,	41283
except that copies of such medical reports or recommendations	41284
shall be made available to the personal physician, attorney, or	41285
authorized agent of the individual concerned upon written release	41286
received from the individual or the individual's agent, or, when	41287
necessary for the proper administration of the fund, to the board	41288
assigned physician.	41289

(D) Any person who is a member or contributor of the system	41290
shall be furnished, on written request, with a statement of the	41291
amount to the credit of the person's account. The board need not	41292
answer more than one request of a person in any one year.	41293

(E) Notwithstanding the exceptions to public inspection in	41294
division (B) of this section, the board may furnish the following	41295
information:	41296

(1) If a member, former member, retirant, contributor, or	41297
former contributor is subject to an order issued under section	41298
2907.15 of the Revised Code or an order issued under division (A)	41299
or (B) of section 2929.192 of the Revised Code or is convicted of	41300
or pleads guilty to a violation of section 2921.41 of the Revised	41301
Code, on written request of a prosecutor as defined in section	41302
2935.01 of the Revised Code, the board shall furnish to the	41303
prosecutor the information requested from the individual's	41304
personal history record.	41305

(2) Pursuant to a court or administrative order issued under	41306
section 3119.80, 3119.81, 3121.02, 3121.03, or 3123.06 of the	41307
Revised Code, the board shall furnish to a court or child support	41308
enforcement agency the information required under that section.	41309

(3) At the written request of any person, the board shall	41310
provide to the person a list of the names and addresses of	41311
members, former members, retirants, contributors, former	41312
contributors, or beneficiaries. The costs of compiling, copying,	41313
and mailing the list shall be paid by such person.	41314

(4) Within fourteen days after receiving from the director of	41315
job and family services a list of the names and social security	41316
numbers of recipients of public assistance pursuant to section	41317
5101.181 of the Revised Code, the board shall inform the auditor	41318
of state of the name, current or most recent employer address, and	41319
social security number of each member whose name and social	41320
security number are the same as that of a person whose name or	41321
social security number was submitted by the director. The board	41322
and its employees shall, except for purposes of furnishing the	41323
auditor of state with information required by this section,	41324
preserve the confidentiality of recipients of public assistance in	41325
compliance with ~~division (A) of~~ section 5101.181 of the Revised	41326
Code.	41327

(5) The system shall comply with orders issued under section	41328
3105.87 of the Revised Code.	41329

On the written request of an alternate payee, as defined in	41330
section 3105.80 of the Revised Code, the system shall furnish to	41331
the alternate payee information on the amount and status of any	41332
amounts payable to the alternate payee under an order issued under	41333
section 3105.171 or 3105.65 of the Revised Code.	41334

(6) At the request of any person, the board shall make	41335
available to the person copies of all documents, including	41336
resumes, in the board's possession regarding filling a vacancy of	41337
a contributing member or retired teacher member of the board. The	41338
person who made the request shall pay the cost of compiling,	41339
copying, and mailing the documents. The information described in	41340
this division is a public record.	41341

(F) A statement that contains information obtained from the	41342
system's records that is signed by an officer of the retirement	41343
system and to which the system's official seal is affixed, or	41344
copies of the system's records to which the signature and seal are	41345
attached, shall be received as true copies of the system's records	41346
in any court or before any officer of this state.	41347

Sec. 3307.31. (A) Payments by boards of education and	41348
governing authorities of community schools to the state teachers	41349
retirement system, as provided in sections 3307.29 and 3307.291 of	41350
the Revised Code, shall be made from the amount allocated under	41351
section 3314.08~~, Chapter 3306.,~~ or Chapter 3317. of the Revised	41352
Code prior to its distribution to the individual school districts	41353
or community schools. The amount due from each school district or	41354
community school shall be certified by the secretary of the system	41355
to the superintendent of public instruction monthly, or at such	41356
times as may be determined by the state teachers retirement board.	41357

The superintendent shall deduct, from the amount allocated to	41358
each district or community school under section 3314.08~~, Chapter~~	41359
~~3306.,~~ or Chapter 3317. of the Revised Code, the entire amounts	41360
due to the system from such district or school upon the	41361
certification to the superintendent by the secretary thereof.	41362

The superintendent shall certify to the director of budget	41363
and management the amounts thus due the system for payment.	41364

(B) Payments to the state teachers retirement system by a	41365
science, technology, engineering, and mathematics school shall be	41366
deducted from the amount allocated under section 3326.33 of the	41367
Revised Code and shall be made in the same manner as payments by	41368
boards of education under this section.	41369

Sec. 3307.64. A disability benefit recipient,	41370
notwithstanding section 3319.13 of the Revised Code, shall retain	41371
membership in the state teachers retirement system and shall be	41372
considered on leave of absence during the first five years	41373
following the effective date of a disability benefit.	41374

The state teachers retirement board shall require any	41375
disability benefit recipient to submit to an annual medical	41376
examination by a physician selected by the board, except that the	41377
board may waive the medical examination if the board's physician	41378
certifies that the recipient's disability is ongoing. If a	41379
disability benefit recipient refuses to submit to a medical	41380
examination, the recipient's disability benefit shall be suspended	41381
until the recipient withdraws the refusal. If the refusal	41382
continues for one year, all the recipient's rights under and to	41383
the disability benefit shall be terminated as of the effective	41384
date of the original suspension.	41385

After the examination, the examiner shall report and certify	41386
to the board whether the disability benefit recipient is no longer	41387
physically and mentally incapable of resuming the service from	41388
which the recipient was found disabled. If the board concurs in a	41389
report by the examining physician that the disability benefit	41390
recipient is no longer incapable, the payment of a disability	41391
benefit shall be terminated not later than the following	41392
thirty-first day of August or upon employment as a teacher prior	41393
thereto. If the leave of absence has not expired, the board shall	41394
so certify to the disability benefit recipient's last employer	41395
before being found disabled that the recipient is no longer	41396
physically and mentally incapable of resuming service that is the	41397
same or similar to that from which the recipient was found	41398
disabled. If the recipient was under contract at the time the	41399
recipient was found disabled, the employer by the first day of the	41400
next succeeding year shall restore the recipient to the	41401
recipient's previous position and salary or to a position and	41402
salary similar thereto, unless the recipient was dismissed or	41403
resigned in lieu of dismissal for dishonesty, misfeasance,	41404
malfeasance, or conviction of a felony.	41405

A disability benefit shall terminate if the disability	41406
benefit recipient becomes employed as a teacher in any public or	41407
private school or institution in this state or elsewhere. An	41408
individual receiving a disability benefit from the system shall be	41409
ineligible for any employment as a teacher and it shall be	41410
unlawful for any employer to employ the individual as a teacher.	41411
If any employer should employ or reemploy the individual prior to	41412
the termination of a disability benefit, the employer shall file	41413
notice of employment with the board designating the date of the	41414
employment. If the individual should be paid both a disability	41415
benefit and also compensation for teaching service for all or any	41416
part of the same month, the secretary of the board shall certify	41417
to the employer or to the superintendent of public instruction the	41418
amount of the disability benefit received by the individual during	41419
the employment, which amount shall be deducted from any amount due	41420
the employing district under ~~Chapters 3306. and~~Chapter 3317. of	41421
the Revised Code or shall be paid by the employer to the annuity	41422
and pension reserve fund.	41423

Each disability benefit recipient shall file with the board	41424
an annual statement of earnings, current medical information on	41425
the recipient's condition, and any other information required in	41426
rules adopted by the board. The board may waive the requirement	41427
that a disability benefit recipient file an annual statement of	41428
earnings or current medical information if the board's physician	41429
certifies that the recipient's disability is ongoing.	41430

The board shall annually examine the information submitted by	41431
the recipient. If a disability benefit recipient refuses to file	41432
the statement or information, the disability benefit shall be	41433
suspended until the statement and information are filed. If the	41434
refusal continues for one year, the recipient's right to the	41435
disability benefit shall be terminated as of the effective date of	41436
the original suspension.	41437

A disability benefit also may be terminated by the board at	41438
the request of the disability benefit recipient.	41439

If disability retirement under section 3307.63 of the Revised	41440
Code is terminated for any reason, the annuity and pension	41441
reserves at that time in the annuity and pension reserve fund	41442
shall be transferred to the teachers' savings fund and the	41443
employers' trust fund, respectively. If the total disability	41444
benefit paid was less than the amount of the accumulated	41445
contributions of the member transferred to the annuity and pension	41446
reserve fund at the time of the member's disability retirement,	41447
then the difference shall be transferred from the annuity and	41448
pension reserve fund to another fund as required. In determining	41449
the amount of a member's account following the termination of	41450
disability retirement for any reason, the total amount paid shall	41451
be charged against the member's refundable account.	41452

If a disability allowance paid under section 3307.631 of the	41453
Revised Code is terminated for any reason, the reserve on the	41454
allowance at that time in the annuity and pension reserve fund	41455
shall be transferred from that fund to the employers' trust fund.	41456

If a former disability benefit recipient again becomes a	41457
contributor, other than as an other system retirant under section	41458
3307.35 of the Revised Code, to this retirement system, the school	41459
employees retirement system, or the public employees retirement	41460
system, and completes at least two additional years of service	41461
credit, the former disability benefit recipient shall receive	41462
credit for the period as a disability benefit recipient.	41463

Sec. 3309.22. (A)(1) As used in this division, "personal	41464
history record" means information maintained by the board on an	41465
individual who is a member, former member, contributor, former	41466
contributor, retirant, or beneficiary that includes the address,	41467
telephone number, social security number, record of contributions,	41468
correspondence with the system, and other information the board	41469
determines to be confidential.	41470

(2) The records of the board shall be open to public	41471
inspection, except for the following, which shall be excluded,	41472
except with the written authorization of the individual concerned:	41473

(a) The individual's statement of previous service and other	41474
information as provided for in section 3309.28 of the Revised	41475
Code;	41476

(b) Any information identifying by name and address the	41477
amount of a monthly allowance or benefit paid to the individual;	41478

41479

(B) All medical reports and recommendations required by the	41480
system are privileged except that copies of such medical reports	41481
or recommendations shall be made available to the personal	41482
physician, attorney, or authorized agent of the individual	41483
concerned upon written release received from the individual or the	41484
individual's agent, or when necessary for the proper	41485
administration of the fund, to the board assigned physician.	41486

(C) Any person who is a contributor of the system shall be	41487
furnished, on written request, with a statement of the amount to	41488
the credit of the person's account. The board need not answer more	41489
than one such request of a person in any one year.	41490

(D) Notwithstanding the exceptions to public inspection in	41491
division (A)(2) of this section, the board may furnish the	41492
following information:	41493

(1) If a member, former member, contributor, former	41494
contributor, or retirant is subject to an order issued under	41495
section 2907.15 of the Revised Code or an order issued under	41496
division (A) or (B) of section 2929.192 of the Revised Code or is	41497
convicted of or pleads guilty to a violation of section 2921.41 of	41498
the Revised Code, on written request of a prosecutor as defined in	41499
section 2935.01 of the Revised Code, the board shall furnish to	41500
the prosecutor the information requested from the individual's	41501
personal history record.	41502

(2) Pursuant to a court or administrative order issued under	41503
section 3119.80, 3119.81, 3121.02, 3121.03, or 3123.06 of the	41504
Revised Code, the board shall furnish to a court or child support	41505
enforcement agency the information required under that section.	41506

(3) At the written request of any person, the board shall	41507
provide to the person a list of the names and addresses of	41508
members, former members, retirants, contributors, former	41509
contributors, or beneficiaries. The costs of compiling, copying,	41510
and mailing the list shall be paid by such person.	41511

(4) Within fourteen days after receiving from the director of	41512
job and family services a list of the names and social security	41513
numbers of recipients of public assistance pursuant to section	41514
5101.181 of the Revised Code, the board shall inform the auditor	41515
of state of the name, current or most recent employer address, and	41516
social security number of each contributor whose name and social	41517
security number are the same as that of a person whose name or	41518
social security number was submitted by the director. The board	41519
and its employees shall, except for purposes of furnishing the	41520
auditor of state with information required by this section,	41521
preserve the confidentiality of recipients of public assistance in	41522
compliance with ~~division (A) of~~ section 5101.181 of the Revised	41523
Code.	41524

(5) The system shall comply with orders issued under section	41525
3105.87 of the Revised Code.	41526

On the written request of an alternate payee, as defined in	41527
section 3105.80 of the Revised Code, the system shall furnish to	41528
the alternate payee information on the amount and status of any	41529
amounts payable to the alternate payee under an order issued under	41530
section 3105.171 or 3105.65 of the Revised Code.	41531

(6) At the request of any person, the board shall make	41532
available to the person copies of all documents, including	41533
resumes, in the board's possession regarding filling a vacancy of	41534
an employee member or retirant member of the board. The person who	41535
made the request shall pay the cost of compiling, copying, and	41536
mailing the documents. The information described in this division	41537
is a public record.	41538

(E) A statement that contains information obtained from the	41539
system's records that is signed by an officer of the retirement	41540
system and to which the system's official seal is affixed, or	41541
copies of the system's records to which the signature and seal are	41542
attached, shall be received as true copies of the system's records	41543
in any court or before any officer of this state.	41544

Sec. 3309.41. (A) A disability benefit recipient shall	41545
retain membership status and shall be considered on leave of	41546
absence from employment during the first five years following the	41547
effective date of a disability benefit, notwithstanding any	41548
contrary provisions in Chapter 124. or 3319. of the Revised Code.	41549

(B) The school employees retirement board shall require a	41550
disability benefit recipient to undergo an annual medical	41551
examination, except that the board may waive the medical	41552
examination if the board's physician or physicians certify that	41553
the recipient's disability is ongoing. Should any disability	41554
benefit recipient refuse to submit to a medical examination, the	41555
recipient's disability benefit shall be suspended until withdrawal	41556
of the refusal. Should the refusal continue for one year, all the	41557
recipient's rights in and to the disability benefit shall be	41558
terminated as of the effective date of the original suspension.	41559

(C) On completion of the examination by an examining	41560
physician or physicians selected by the board, the physician or	41561
physicians shall report and certify to the board whether the	41562
disability benefit recipient is no longer physically and mentally	41563
incapable of resuming the service from which the recipient was	41564
found disabled. If the board concurs in the report that the	41565
disability benefit recipient is no longer incapable, the payment	41566
of the disability benefit shall be terminated not later than three	41567
months after the date of the board's concurrence or upon	41568
employment as an employee. If the leave of absence has not	41569
expired, the retirement board shall certify to the disability	41570
benefit recipient's last employer before being found disabled that	41571
the recipient is no longer physically and mentally incapable of	41572
resuming service that is the same or similar to that from which	41573
the recipient was found disabled. The employer shall restore the	41574
recipient to the recipient's previous position and salary or to a	41575
position and salary similar thereto not later than the first day	41576
of the first month following termination of the disability	41577
benefit, unless the recipient was dismissed or resigned in lieu of	41578
dismissal for dishonesty, misfeasance, malfeasance, or conviction	41579
of a felony.	41580

(D) Each disability benefit recipient shall file with the	41581
board an annual statement of earnings, current medical information	41582
on the recipient's condition, and any other information required	41583
in rules adopted by the board. The board may waive the requirement	41584
that a disability benefit recipient file an annual statement of	41585
earnings or current medical information on the recipient's	41586
condition if the board's physician or physicians certify that the	41587
recipient's disability is ongoing.	41588

The board shall annually examine the information submitted by	41589
the recipient. If a disability benefit recipient refuses to file	41590
the statement or information, the disability benefit shall be	41591
suspended until the statement and information are filed. If the	41592
refusal continues for one year, the recipient's right to the	41593
disability benefit shall be terminated as of the effective date of	41594
the original suspension.	41595

(E) If a disability benefit recipient is employed by an	41596
employer covered by this chapter, the recipient's disability	41597
benefit shall cease.	41598

(F) If disability retirement under section 3309.40 of the	41599
Revised Code is terminated for any reason, the annuity and pension	41600
reserves at that time in the annuity and pension reserve fund	41601
shall be transferred to the employees' savings fund and the	41602
employers' trust fund, respectively. If the total disability	41603
benefit paid is less than the amount of the accumulated	41604
contributions of the member transferred into the annuity and	41605
pension reserve fund at the time of the member's disability	41606
retirement, the difference shall be transferred from the annuity	41607
and pension reserve fund to another fund as may be required. In	41608
determining the amount of a member's account following the	41609
termination of disability retirement for any reason, the amount	41610
paid shall be charged against the member's refundable account.	41611

If a disability allowance paid under section 3309.401 of the	41612
Revised Code is terminated for any reason, the reserve on the	41613
allowance at that time in the annuity and pension reserve fund	41614
shall be transferred from that fund to the employers' trust fund.	41615

The board may terminate a disability benefit at the request	41616
of the recipient.	41617

(G) If a disability benefit is terminated and a former	41618
disability benefit recipient again becomes a contributor, other	41619
than as an other system retirant as defined in section 3309.341 of	41620
the Revised Code, to this system, the public employees retirement	41621
system, or the state teachers retirement system, and completes an	41622
additional two years of service credit after the termination of	41623
the disability benefit, the former disability benefit recipient	41624
shall be entitled to full service credit for the period as a	41625
disability benefit recipient.	41626

(H) If any employer employs any member who is receiving a	41627
disability benefit, the employer shall file notice of employment	41628
with the retirement board, designating the date of employment. In	41629
case the notice is not filed, the total amount of the benefit paid	41630
during the period of employment prior to notice shall be paid from	41631
amounts allocated under ~~Chapters 3306. and~~Chapter 3317. of the	41632
Revised Code prior to its distribution to the school district in	41633
which the disability benefit recipient was so employed.	41634

Sec. 3309.48. Any employee who left the service of an	41635
employer after attaining age sixty-five or over and such employer	41636
had failed or refused to deduct and transmit to the school	41637
employees retirement system the employee contributions as required	41638
by section 3309.47 of the Revised Code during any year for which	41639
membership was compulsory as determined by the school employees	41640
retirement board, shall be granted service credit without cost,	41641
which shall be considered as total service credit for the purposes	41642
of meeting the qualifications for service retirement provided by	41643
the law in effect on and retroactive to the first eligible	41644
retirement date following the date such employment terminated, but	41645
shall not be paid until formal application for such allowance on a	41646
form provided by the retirement board is received in the office of	41647
the retirement system. The total service credit granted under this	41648
section shall not exceed ten years for any such employee.	41649

The liability incurred by the retirement board because of the	41650
service credit granted under this section shall be determined by	41651
the retirement board, the cost of which shall be equal to an	41652
amount that is determined by applying the combined employee and	41653
employer rates of contribution against the compensation of such	41654
employee at the rates of contribution and maximum salary	41655
provisions in effect during such employment for each year for	41656
which credit is granted, together with interest at the rate to be	41657
credited accumulated contributions at retirement, compounded	41658
annually from the first day of the month payment was due the	41659
retirement system to and including the month of deposit, the total	41660
amount of which shall be collected from the employer. Such amounts	41661
shall be certified by the retirement board to the superintendent	41662
of public instruction, who shall deduct the amount due the system	41663
from any funds due the affected school district under ~~Chapters~~	41664
~~3306. and~~Chapter 3317. of the Revised Code. The superintendent	41665
shall certify to the director of budget and management the amount	41666
due the system for payment. The total amount paid shall be	41667
deposited into the employers' trust fund, and shall not be	41668
considered as accumulated contributions of the employee in the	41669
event of the employee's death or withdrawal of funds.	41670

Sec. 3309.51. (A) Each employer shall pay annually into the	41671
employers' trust fund, in such monthly or less frequent	41672
installments as the school employees retirement board requires, an	41673
amount certified by the school employees retirement board, which	41674
shall be as required by Chapter 3309. of the Revised Code.	41675

Payments by school district boards of education to the	41676
employers' trust fund of the school employees retirement system	41677
may be made from the amounts allocated under ~~Chapters 3306. and~~	41678
Chapter 3317. of the Revised Code prior to their distribution to	41679
the individual school districts. The amount due from each school	41680
district may be certified by the secretary of the system to the	41681
superintendent of public instruction monthly, or at such times as	41682
is determined by the school employees retirement board.	41683

Payments by governing authorities of community schools to the	41684
employers' trust fund of the school employees retirement system	41685
shall be made from the amounts allocated under section 3314.08 of	41686
the Revised Code prior to their distribution to the individual	41687
community schools. The amount due from each community school shall	41688
be certified by the secretary of the system to the superintendent	41689
of public instruction monthly, or at such times as determined by	41690
the school employees retirement board.	41691

Payments by a science, technology, engineering, and	41692
mathematics school to the employers' trust fund of the school	41693
employees retirement system shall be made from the amounts	41694
allocated under section 3326.33 of the Revised Code prior to their	41695
distribution to the school. The amount due from a science,	41696
technology, engineering, and mathematics school shall be certified	41697
by the secretary of the school employees retirement system to the	41698
superintendent of public instruction monthly, or at such times as	41699
determined by the school employees retirement board.	41700

(B) The superintendent shall deduct from the amount allocated	41701
to each community school under section 3314.08 of the Revised	41702
Code, to each school district under ~~Chapters 3306. and~~Chapter	41703
3317. of the Revised Code, or to each science, technology,	41704
engineering, and mathematics school under section 3326.33 of the	41705
Revised Code the entire amounts due to the school employees	41706
retirement system from such school or school district upon the	41707
certification to the superintendent by the secretary thereof.	41708

(C) Where an employer fails or has failed or refuses to make	41709
payments to the employers' trust fund, as provided for under	41710
Chapter 3309. of the Revised Code, the secretary of the school	41711
employees retirement system may certify to the state	41712
superintendent of public instruction, monthly or at such times as	41713
is determined by the school employees retirement board, the amount	41714
due from such employer, and the superintendent shall deduct from	41715
the amount allocated to the employer under section 3314.08 or	41716
3326.33 or Chapter ~~3306. or~~ 3317. of the Revised Code, as	41717
applicable, the entire amounts due to the system from the employer	41718
upon the certification to the superintendent by the secretary of	41719
the school employees retirement system.	41720

(D) The superintendent shall certify to the director of	41721
budget and management the amounts thus due the system for payment.	41722

Sec. 3310.02. (A) The educational choice scholarship pilot	41723
program is hereby established. Under the program, the department	41724
of education annually shall pay scholarships to attend chartered	41725
nonpublic schools in accordance with section 3310.08 of the	41726
Revised Code for up to ~~fourteen thousand~~the following number of	41727
eligible students:	41728

(1) Thirty thousand in the 2011-2012 school year;

41729

(2) Sixty thousand in the 2012-2013 school year and	41730
thereafter. If	41731

(B) If the number of students who apply for a scholarship	41732
exceeds ~~fourteen thousand~~the number of scholarships available	41733
under division (A) of this section for the applicable school year,	41734
the department shall award scholarships in the following order of	41735
priority:	41736

~~(A)~~(1) First, to eligible students who received scholarships	41737
in the prior school year;	41738

~~(B)~~(2) Second, to eligible students with family incomes at or	41739
below two hundred per cent of the federal poverty guidelines, as	41740
defined in section 5101.46 of the Revised Code, who qualify under	41741
division (A) of section 3310.03 of the Revised Code. If the number	41742
of students described in ~~this~~ division (B)(2) of this section who	41743
apply for a scholarship exceeds the number of available	41744
scholarships after awards are made under division ~~(A)~~(B)(1) of	41745
this section, the department shall select students described in	41746
~~this~~ division (B)(2) of this section by lot to receive any	41747
remaining scholarships.	41748

~~(C)~~(3) Third, to other eligible students who qualify under	41749
division (A) of section 3310.03 of the Revised Code. If the number	41750
of students described in ~~this~~ division (B)(3) of this section who	41751
apply for a scholarship exceeds the number of available	41752
scholarships after awards are made under divisions ~~(A)~~(B)(1) and	41753
~~(B)~~(2) of this section, the department shall select students	41754
described in ~~this~~ division (B)(3) of this section by lot to	41755
receive any remaining scholarships.	41756

(4) Fourth, to eligible students with family incomes at or	41757
below two hundred per cent of the federal poverty guidelines who	41758
qualify under division (B) of section 3310.03 of the Revised Code.	41759
If the number of students described in division (B)(4) of this	41760
section who apply for a scholarship exceeds the number of	41761
available scholarships after awards are made under divisions	41762
(B)(1) to (3) of this section, the department shall select	41763
students described in division (B)(4) of this section by lot to	41764
receive any remaining scholarships.	41765

(5) Fifth, to other eligible students who qualify under	41766
division (B) of section 3310.03 of the Revised Code. If the number	41767
of students described in division (B)(5) of this section who apply	41768
for a scholarship exceeds the number of available scholarships	41769
after awards are made under divisions (B)(1) to (4) of this	41770
section, the department shall select students described in	41771
division (B)(5) of this section by lot to receive any remaining	41772
scholarships.	41773

Sec. 3310.03. ~~(A)~~ A student is an "eligible student" for	41774
purposes of the educational choice scholarship pilot program if	41775
the student's resident district is not a school district in which	41776
the pilot project scholarship program is operating under sections	41777
3313.974 to 3313.979 of the Revised Code and the student satisfies	41778
one of the ~~following~~ conditions in division (A) or (B) of this	41779
section:	41780

(A)(1) The student is enrolled in a school building that is	41781
operated by the student's resident district and to which both of	41782
the following apply:	41783

(a) The building was declared, in at least two of the three	41784
most recent ratings of school buildings published prior to the	41785
first day of July of the school year for which a scholarship is	41786
sought, to be in a state of academic emergency or academic watch	41787
under section 3302.03 of the Revised Code;	41788

(b) The building was not declared to be excellent or	41789
effective under that section in the most recent rating published	41790
prior to the first day of July of the school year for which a	41791
scholarship is sought.	41792

(2) The student is eligible to enroll in kindergarten in the	41793
school year for which a scholarship is sought and otherwise would	41794
be assigned under section 3319.01 of the Revised Code to a school	41795
building described in division (A)(1) of this section.	41796

(3) The student is enrolled in a community school established	41797
under Chapter 3314. of the Revised Code but otherwise would be	41798
assigned under section 3319.01 of the Revised Code to a building	41799
described in division (A)(1) of this section.	41800

(4) The student is enrolled in a school building that is	41801
operated by the student's resident district or in a community	41802
school established under Chapter 3314. of the Revised Code and	41803
otherwise would be assigned under section 3319.01 of the Revised	41804
Code to a school building described in division (A)(1) of this	41805
section in the school year for which the scholarship is sought.	41806

(5) The student is eligible to enroll in kindergarten in the	41807
school year for which a scholarship is sought, or is enrolled in a	41808
community school established under Chapter 3314. of the Revised	41809
Code, and all of the following apply to the student's resident	41810
district:	41811

(a) The district has in force an intradistrict open	41812
enrollment policy under which no student in kindergarten or the	41813
community school student's grade level, respectively, is	41814
automatically assigned to a particular school building;	41815

(b) In at least two of the three most recent ratings of	41816
school districts published prior to the first day of July of the	41817
school year for which a scholarship is sought, the district was	41818
declared to be in a state of academic emergency under section	41819
3302.03 of the Revised Code;	41820

(c) The district was not declared to be excellent or	41821
effective under that section in the most recent rating published	41822
prior to the first day of July of the school year for which a	41823
scholarship is sought.	41824

(B)(1) The student is enrolled in a school building that is	41825
operated by the student's resident district and to which both of	41826
the following apply:	41827

(a) The building was ranked, in at least two of the three	41828
most recent ratings of school buildings published prior to the	41829
first day of July of the school year for which a scholarship is	41830
sought, in the lowest ten per cent of school buildings according	41831
to performance index score reported under section 3302.03 of the	41832
Revised Code.	41833

(b) The building was not declared to be excellent or	41834
effective under that section in the most recent rating published	41835
prior to the first day of July of the school year for which a	41836
scholarship is sought.	41837

(2) The student is eligible to enroll in kindergarten in the	41838
school year for which a scholarship is sought and otherwise would	41839
be assigned under section 3319.01 of the Revised Code to a school	41840
building described in division (B)(1) of this section.	41841

(3) The student is enrolled in a community school established	41842
under Chapter 3314. of the Revised Code but otherwise would be	41843
assigned under section 3319.01 of the Revised Code to a building	41844
described in division (B)(1) of this section.	41845

(4) The student is enrolled in a school building that is	41846
operated by the student's resident district or in a community	41847
school established under Chapter 3314. of the Revised Code and	41848
otherwise would be assigned under section 3319.01 of the Revised	41849
Code to a school building described in division (B)(1) of this	41850
section in the school year for which the scholarship is sought.	41851

(C) A student who receives a scholarship under the	41852
educational choice scholarship pilot program remains an eligible	41853
student and may continue to receive scholarships in subsequent	41854
school years until the student completes grade twelve, so long as	41855
all of the following apply:	41856

(1) The student's resident district remains the same, or the	41857
student transfers to a new resident district and otherwise would	41858
be assigned in the new resident district to a school building	41859
described in division (A)(1) or ~~(6)~~(B)(1) of this section;	41860

(2) The student takes each assessment prescribed for the	41861
student's grade level under section 3301.0710 or 3301.0712 of the	41862
Revised Code while enrolled in a chartered nonpublic school;	41863

(3) In each school year that the student is enrolled in a	41864
chartered nonpublic school, the student is absent from school for	41865
not more than twenty days that the school is open for instruction,	41866
not including excused absences.	41867

~~(C)~~(D)(1) The department shall cease awarding first-time	41868
scholarships pursuant to divisions (A)(1) to (4) of this section	41869
with respect to a school building that, in the most recent ratings	41870
of school buildings published under section 3302.03 of the Revised	41871
Code prior to the first day of July of the school year, ceases to	41872
meet the criteria in division (A)(1) of this section. The	41873
department shall cease awarding first-time scholarships pursuant	41874
to division (A)(5) of this section with respect to a school	41875
district that, in the most recent ratings of school districts	41876
published under section 3302.03 of the Revised Code prior to the	41877
first day of July of the school year, ceases to meet the criteria	41878
in division (A)(5) of this section. ~~However~~	41879

(2) The department shall cease awarding first-time	41880
scholarships pursuant to divisions (B)(1) to (4) of this section	41881
with respect to a school building that, in the most recent ratings	41882
of school buildings under section 3302.03 of the Revised Code	41883
prior to the first day of July of the school year, ceases to meet	41884
the criteria in division (B)(1) of this section.	41885

(3) However, students who have received scholarships in the	41886
prior school year remain eligible students pursuant to division	41887
~~(B)~~(C) of this section.	41888

~~(D)~~(E) The state board of education shall adopt rules	41889
defining excused absences for purposes of division ~~(B)~~(C)(3) of	41890
this section.	41891

Sec. 3310.05. A scholarship under the educational choice	41892
scholarship pilot program is not available for any student whose	41893
resident district is a school district in which the pilot project	41894
scholarship program is operating under sections 3313.974 to	41895
3313.979 of the Revised Code. The two pilot programs are separate	41896
and distinct~~. The general assembly has prescribed separate~~	41897
~~scholarship amounts for the two pilot programs in recognition of~~	41898
~~their~~, with differing eligibility criteria. The pilot project	41899
scholarship program operating under sections 3313.974 to 3313.979	41900
of the Revised Code is a district-wide program that may award	41901
scholarships to students who do not attend district schools that	41902
face academic challenges, whereas the educational choice	41903
scholarship pilot program established under sections 3310.01 to	41904
3310.17 of the Revised Code is limited to students of individual	41905
district school buildings that face academic challenges.	41906

Sec. 3310.08. (A) The amount paid for an eligible student	41907
under the educational choice scholarship pilot program shall be	41908
the lesser of the tuition of the chartered nonpublic school in	41909
which the student is enrolled or the maximum amount prescribed in	41910
section 3310.09 of the Revised Code.	41911

(B)(1) The department shall pay to the parent of each	41912
eligible student for whom a scholarship is awarded under the	41913
program, or to the student if at least eighteen years of age,	41914
periodic partial payments of the scholarship.	41915

(2) The department shall proportionately reduce or terminate	41916
the payments for any student who withdraws from a chartered	41917
nonpublic school prior to the end of the school year.	41918

(C)(1) The department shall deduct ~~five thousand two hundred~~	41919
~~dollars~~ from the payments made to each school district under	41920
~~Chapters 3306. and~~Chapter 3317., and, if necessary, sections	41921
321.24 and 323.156 of the Revised Code, the amount paid under	41922
division (B) of this section for each eligible student awarded a	41923
scholarship under the ~~educational choice scholarship pilot~~ program	41924
who is entitled under section 3313.64 or 3313.65 of the Revised	41925
Code to attend school in the district.	41926

~~The amount deducted under division (C)(1) of this section~~	41927
~~funds scholarships for students under both the educational choice~~	41928
~~scholarship pilot program and the pilot project scholarship~~	41929
~~program under sections 3313.974 to 3313.979 of the Revised Code.~~	41930

(2) If the department reduces or terminates payments to a	41931
parent or a student, as prescribed in division (B)(2) of this	41932
section, and the student enrolls in the schools of the student's	41933
resident district or in a community school, established under	41934
Chapter 3314. of the Revised Code, before the end of the school	41935
year, the department shall proportionally restore to the resident	41936
district the amount deducted for that student under division	41937
(C)(1) of this section.	41938

~~(D) In the case of any school district from which a deduction~~	41939
~~is made under division (C) of this section, the department shall~~	41940
~~disclose on the district's SF-3 form, or any successor to that~~	41941
~~form used to calculate a district's state funding for operating~~	41942
~~expenses, a comparison of the following:~~	41943

~~(1) The district's state share of the adequacy amount~~	41944
~~payment, as calculated under section 3306.13 of the Revised Code~~	41945
~~with the scholarship students included in the district's formula~~	41946
~~ADM;~~	41947

~~(2) What the district's state share of the adequacy amount~~	41948
~~payment would have been, as calculated under that section if the~~	41949
~~scholarship students were not included in the district's formula~~	41950
~~ADM.~~	41951

~~This comparison shall display both the aggregate difference~~	41952
~~between the amounts described in divisions (D)(1) and (2) of this~~	41953
~~section, and the quotient of that aggregate difference divided by~~	41954
~~the number of eligible students for whom deductions are made under~~	41955
~~division (C) of this section.~~	41956

Sec. 3310.41. (A) As used in this section:

41957

(1) "Alternative public provider" means either of the	41958
following providers that agrees to enroll a child in the	41959
provider's special education program to implement the child's	41960
individualized education program and to which the child's parent	41961
owes fees for the services provided to the child:	41962

(a) A school district that is not the school district in	41963
which the child is entitled to attend school;	41964

(b) A public entity other than a school district.

41965

(2) "Entitled to attend school" means entitled to attend	41966
school in a school district under section 3313.64 or 3313.65 of	41967
the Revised Code.	41968

(3) "Formula ADM" and "category six special education ADM"	41969
have the same meanings as in section 3317.02 of the Revised Code.	41970

(4) "Preschool child with a disability" and "individualized	41971
education program" have the same meanings as in section 3323.01 of	41972
the Revised Code.	41973

(5) "Parent" has the same meaning as in section 3313.64 of	41974
the Revised Code, except that "parent" does not mean a parent	41975
whose custodial rights have been terminated.	41976

(6) "Preschool scholarship ADM" means the number of preschool	41977
children with disabilities reported under division (B)(3)(h) of	41978
section 3317.03 of the Revised Code.	41979

(7) "Qualified special education child" is a child for whom	41980
all of the following conditions apply:	41981

(a) The school district in which the child is entitled to	41982
attend school has identified the child as autistic. A child who	41983
has been identified as having a "pervasive developmental disorder	41984
- not otherwise specified (PPD-NOS)" shall be considered to be an	41985
autistic child for purposes of this section.	41986

(b) The school district in which the child is entitled to	41987
attend school has developed an individualized education program	41988
under Chapter 3323. of the Revised Code for the child.	41989

41990

(i) Was enrolled in the school district in which the child is	41991
entitled to attend school in any grade from preschool through	41992
twelve in the school year prior to the year in which a scholarship	41993
under this section is first sought for the child; or	41994

(ii) Is eligible to enter school in any grade preschool	41995
through twelve in the school district in which the child is	41996
entitled to attend school in the school year in which a	41997
scholarship under this section is first sought for the child.	41998

(8) "Registered private provider" means a nonpublic school or	41999
other nonpublic entity that has been approved by the department of	42000
education to participate in the program established under this	42001
section.	42002

(9) "Special education program" means a school or facility	42003
that provides special education and related services to children	42004
with disabilities.	42005

(B) There is hereby established the autism scholarship	42006
program. Under the program, the department of education shall pay	42007
a scholarship to the parent of each qualified special education	42008
child upon application of that parent pursuant to procedures and	42009
deadlines established by rule of the state board of education.	42010
Each scholarship shall be used only to pay tuition for the child	42011
on whose behalf the scholarship is awarded to attend a special	42012
education program that implements the child's individualized	42013
education program and that is operated by an alternative public	42014
provider or by a registered private provider. Each scholarship	42015
shall be in an amount not to exceed the lesser of the tuition	42016
charged for the child by the special education program or twenty	42017
thousand dollars. The purpose of the scholarship is to permit the	42018
parent of a qualified special education child the choice to send	42019
the child to a special education program, instead of the one	42020
operated by or for the school district in which the child is	42021
entitled to attend school, to receive the services prescribed in	42022
the child's individualized education program once the	42023
individualized education program is finalized. AThe services	42024
provided under the scholarship shall include an educational	42025
component.	42026

A scholarship under this section shall not be awarded to the	42027
parent of a child while the child's individualized education	42028
program is being developed by the school district in which the	42029
child is entitled to attend school, or while any administrative or	42030
judicial mediation or proceedings with respect to the content of	42031
the child's individualized education program are pending. A	42032
scholarship under this section shall not be used for a child to	42033
attend a public special education program that operates under a	42034
contract, compact, or other bilateral agreement between the school	42035
district in which the child is entitled to attend school and	42036
another school district or other public provider, or for a child	42037
to attend a community school established under Chapter 3314. of	42038
the Revised Code. However, nothing in this section or in any rule	42039
adopted by the state board shall prohibit a parent whose child	42040
attends a public special education program under a contract,	42041
compact, or other bilateral agreement, or a parent whose child	42042
attends a community school, from applying for and accepting a	42043
scholarship under this section so that the parent may withdraw the	42044
child from that program or community school and use the	42045
scholarship for the child to attend a special education program	42046
for which the parent is required to pay for services for the	42047
child. A	42048

A child attending a special education program with a	42049
scholarship under this section shall continue to be entitled to	42050
transportation to and from that program in the manner prescribed	42051
by law.	42052

(C)(1) As prescribed in divisions (A)(2)(h), (B)(3)(g), and	42053
(B)(10) of section 3317.03 of the Revised Code, a child who is not	42054
a preschool child with a disability for whom a scholarship is	42055
awarded under this section shall be counted in the formula ADM and	42056
the category six special education ADM of the district in which	42057
the child is entitled to attend school and not in the formula ADM	42058
and the category six special education ADM of any other school	42059
district. As prescribed in divisions (B)(3)(h) and (B)(10) of	42060
section 3317.03 of the Revised Code, a child who is a preschool	42061
child with a disability for whom a scholarship is awarded under	42062
this section shall be counted in the preschool scholarship ADM and	42063
category six special education ADM of the school district in which	42064
the child is entitled to attend school and not in the preschool	42065
scholarship ADM or category six special education ADM of any other	42066
school district.	42067

(2) In each fiscal year, the department shall deduct from the	42068
amounts paid to each school district under ~~Chapters 3306. and~~	42069
Chapter 3317. of the Revised Code, and, if necessary, sections	42070
321.24 and 323.156 of the Revised Code, the aggregate amount of	42071
scholarships awarded under this section for qualified special	42072
education children included in the formula ADM, or preschool	42073
scholarship ADM, and in the category six special education ADM of	42074
that school district as provided in division (C)(1) of this	42075
section. ~~When computing the school district's instructional~~	42076
~~services support under section 3306.05 of the Revised Code, the~~	42077
~~department shall add the district's preschool scholarship ADM to~~	42078
~~the district's formula ADM.~~	42079

The scholarships deducted shall be considered as an approved	42080
special education and related services expense of the school	42081
district.	42082

(3) From time to time, the department shall make a payment to	42083
the parent of each qualified special education child for whom a	42084
scholarship has been awarded under this section. The scholarship	42085
amount shall be proportionately reduced in the case of any such	42086
child who is not enrolled in the special education program for	42087
which a scholarship was awarded under this section for the entire	42088
school year. The department shall make no payments to the parent	42089
of a child while any administrative or judicial mediation or	42090
proceedings with respect to the content of the child's	42091
individualized education program are pending.	42092

(D) A scholarship shall not be paid to a parent for payment	42093
of tuition owed to a nonpublic entity unless that entity is a	42094
registered private provider. The department shall approve entities	42095
that meet the standards established by rule of the state board for	42096
the program established under this section.	42097

(E) The state board shall adopt rules under Chapter 119. of	42098
the Revised Code prescribing procedures necessary to implement	42099
this section, including, but not limited to, procedures and	42100
deadlines for parents to apply for scholarships, standards for	42101
registered private providers, and procedures for approval of	42102
entities as registered private providers.	42103

Sec. 3311.05. (A) The territory within the territorial	42104
limits of a county, or the territory included in a district formed	42105
under ~~either~~ section 3311.053 ~~or 3311.059~~ of the Revised Code,	42106
exclusive of the territory embraced in any city school district or	42107
exempted village school district, and excluding the territory	42108
detached therefrom for school purposes and including the territory	42109
attached thereto for school purposes constitutes an educational	42110
service center.	42111

(B) A county school financing district created under section	42112
3311.50 of the Revised Code is not the school district described	42113
in division (A) of this section or any other school district but	42114
is a taxing district.	42115

Sec. 3311.0510. (A) If all of the local school districts	42116
that make up the territory of an educational service center have	42117
severed from the territory of that service center, upon the	42118
effective date of the severance of the last remaining local school	42119
district to make up the territory of the service center, the	42120
governing board of that service center shall be abolished and such	42121
service center shall be dissolved by order of the superintendent	42122
of public instruction. The superintendent's order shall provide	42123
for the equitable division and disposition of the assets,	42124
property, debts, and obligations of the service center among the	42125
local school districts, of which the territory of the service	42126
center is or previously was made up, and the city and exempted	42127
village school districts with which the service center had	42128
agreements under section 3313.843 of the Revised Code for the	42129
service center's last fiscal year of operation. The	42130
superintendent's order shall provide that the tax duplicate of	42131
each of those school districts shall be bound for and assume the	42132
district's equitable share of the outstanding indebtedness of the	42133
service center. The superintendent's order is final and is not	42134
appealable.	42135

Immediately upon the abolishment of the service center	42136
governing board pursuant to this section, the superintendent of	42137
public instruction shall appoint a qualified individual to	42138
administer the dissolution of the service center and to implement	42139
the terms of the superintendent's dissolution order.	42140

Prior to distributing assets to any school district under	42141
this section, but after paying in full other debts and obligations	42142
of the service center under this section, the superintendent of	42143
public instruction may assess against the remaining assets of the	42144
service center the amount of the costs incurred by the department	42145
of education in performing the superintendent's duties under this	42146
division, including the fees, if any, owed to the individual	42147
appointed to administer the superintendent's dissolution order.	42148
Any excess cost incurred by the department under this division	42149
shall be divided equitably among the local school districts, of	42150
which the territory of the service center is or previously was	42151
made up, and the city and exempted village school districts with	42152
which the service center had agreements under section 3313.843 of	42153
the Revised Code for the service center's last fiscal year of	42154
operation. Each district's share of that excess cost shall be	42155
bound against the tax duplicate of that district.	42156

(B) A final audit of the former service center shall be	42157
performed in accordance with procedures established by the auditor	42158
of state.	42159

(C) The public records of an educational service center that	42160
is dissolved under this section shall be transferred in accordance	42161
with this division. Public records maintained by the service	42162
center in connection with services provided by the service center	42163
to local school districts shall be transferred to each of the	42164
respective local school districts. Public records maintained by	42165
the service center in connection with services provided under an	42166
agreement with a city or exempted village school district pursuant	42167
to section 3313.843 of the Revised Code shall be transferred to	42168
each of the respective city or exempted village school districts.	42169
All other public records maintained by the service center at the	42170
time the service center ceases operations shall be transferred to	42171
the Ohio historical society for analysis and disposition by the	42172
society in its capacity as archives administrator for the state	42173
and its political subdivisions pursuant to division (C) of section	42174
149.30 and section 149.31 of the Revised Code.	42175

Sec. 3311.06. (A) As used in this section:

42176

(1) "Annexation" and "annexed" mean annexation for municipal	42177
purposes under sections 709.02 to 709.37 of the Revised Code.	42178

(2) "Annexed territory" means territory that has been annexed	42179
for municipal purposes to a city served by an urban school	42180
district, but on September 24, 1986, has not been transferred to	42181
the urban school district.	42182

(3) "Urban school district" means a city school district with	42183
an average daily membership for the 1985-1986 school year in	42184
excess of twenty thousand that is the school district of a city	42185
that contains annexed territory.	42186

(4) "Annexation agreement" means an agreement entered into	42187
under division (F) of this section that has been approved by the	42188
state board of education or an agreement entered into prior to	42189
September 24, 1986, that meets the requirements of division (F) of	42190
this section and has been filed with the state board.	42191

(B) The territory included within the boundaries of a city,	42192
local, exempted village, or joint vocational school district shall	42193
be contiguous except where a natural island forms an integral part	42194
of the district, where the state board of education authorizes a	42195
noncontiguous school district, as provided in division (E)(1) of	42196
this section, or where a local school district is created pursuant	42197
to section 3311.26 of the Revised Code from one or more local	42198
school districts, one of which has entered into an agreement under	42199
section 3313.42 of the Revised Code.	42200

(C)(1) When all of the territory of a school district is	42201
annexed to a city or village, such territory thereby becomes a	42202
part of the city school district or the school district of which	42203
the village is a part, and the legal title to school property in	42204
such territory for school purposes shall be vested in the board of	42205
education of the city school district or the school district of	42206
which the village is a part.	42207

(2) When the territory so annexed to a city or village	42208
comprises part but not all of the territory of a school district,	42209
the said territory becomes part of the city school district or the	42210
school district of which the village is a part only upon approval	42211
by the state board of education, unless the district in which the	42212
territory is located is a party to an annexation agreement with	42213
the city school district.	42214

Any urban school district that has not entered into an	42215
annexation agreement with any other school district whose	42216
territory would be affected by any transfer under this division	42217
and that desires to negotiate the terms of transfer with any such	42218
district shall conduct any negotiations under division (F) of this	42219
section as part of entering into an annexation agreement with such	42220
a district.	42221

Any school district, except an urban school district,	42222
desiring state board approval of a transfer under this division	42223
shall make a good faith effort to negotiate the terms of transfer	42224
with any other school district whose territory would be affected	42225
by the transfer. Before the state board may approve any transfer	42226
of territory to a school district, except an urban school	42227
district, under this section, it must receive the following:	42228

(a) A resolution requesting approval of the transfer, passed	42229
by at least one of the school districts whose territory would be	42230
affected by the transfer;	42231

(b) Evidence determined to be sufficient by the state board	42232
to show that good faith negotiations have taken place or that the	42233
district requesting the transfer has made a good faith effort to	42234
hold such negotiations;	42235

(c) If any negotiations took place, a statement signed by all	42236
boards that participated in the negotiations, listing the terms	42237
agreed on and the points on which no agreement could be reached.	42238

(D) The state board of education shall adopt rules governing	42239
negotiations held by any school district except an urban school	42240
district pursuant to division (C)(2) of this section. The rules	42241
shall encourage the realization of the following goals:	42242

(1) A discussion by the negotiating districts of the present	42243
and future educational needs of the pupils in each district;	42244

(2) The educational, financial, and territorial stability of	42245
each district affected by the transfer;	42246

(3) The assurance of appropriate educational programs,	42247
services, and opportunities for all the pupils in each	42248
participating district, and adequate planning for the facilities	42249
needed to provide these programs, services, and opportunities.	42250

Districts involved in negotiations under such rules may agree	42251
to share revenues from the property included in the territory to	42252
be transferred, establish cooperative programs between the	42253
participating districts, and establish mechanisms for the	42254
settlement of any future boundary disputes.	42255

(E)(1) If territory annexed after September 24, 1986, is part	42256
of a school district that is a party to an annexation agreement	42257
with the urban school district serving the annexing city, the	42258
transfer of such territory shall be governed by the agreement. If	42259
the agreement does not specify how the territory is to be dealt	42260
with, the boards of education of the district in which the	42261
territory is located and the urban school district shall negotiate	42262
with regard to the transfer of the territory which shall be	42263
transferred to the urban school district unless, not later than	42264
ninety days after the effective date of municipal annexation, the	42265
boards of education of both districts, by resolution adopted by a	42266
majority of the members of each board, agree that the territory	42267
will not be transferred and so inform the state board of	42268
education.	42269

If territory is transferred under this division the transfer	42270
shall take effect on the first day of July occurring not sooner	42271
than ninety-one days after the effective date of the municipal	42272
annexation. Territory transferred under this division need not be	42273
contiguous to the district to which it is transferred.	42274

(2) Territory annexed prior to September 24, 1986, by a city	42275
served by an urban school district shall not be subject to	42276
transfer under this section if the district in which the territory	42277
is located is a party to an annexation agreement or becomes a	42278
party to such an agreement not later than ninety days after	42279
September 24, 1986. If the district does not become a party to an	42280
annexation agreement within the ninety-day period, transfer of	42281
territory shall be governed by division (C)(2) of this section. If	42282
the district subsequently becomes a party to an agreement,	42283
territory annexed prior to September 24, 1986, other than	42284
territory annexed under division (C)(2) of this section prior to	42285
the effective date of the agreement, shall not be subject to	42286
transfer under this section.	42287

(F) An urban school district may enter into a comprehensive	42288
agreement with one or more school districts under which transfers	42289
of territory annexed by the city served by the urban school	42290
district after September 24, 1986, shall be governed by the	42291
agreement. Such agreement must provide for the establishment of a	42292
cooperative education program under section 3313.842 of the	42293
Revised Code in which all the parties to the agreement are	42294
participants and must be approved by resolution of the majority of	42295
the members of each of the boards of education of the school	42296
districts that are parties to it. An agreement may provide for	42297
interdistrict payments based on local revenue growth resulting	42298
from development in any territory annexed by the city served by	42299
the urban school district.	42300

An agreement entered into under this division may be altered,	42301
modified, or terminated only by agreement, by resolution approved	42302
by the majority of the members of each board of education, of all	42303
school districts that are parties to the agreement, except that	42304
with regard to any provision that affects only the urban school	42305
district and one of the other districts that is a party, that	42306
district and the urban district may modify or alter the agreement	42307
by resolution approved by the majority of the members of the board	42308
of that district and the urban district. Alterations,	42309
modifications, terminations, and extensions of an agreement	42310
entered into under this division do not require approval of the	42311
state board of education, but shall be filed with the board after	42312
approval and execution by the parties.	42313

If an agreement provides for interdistrict payments, each	42314
party to the agreement, except any school district specifically	42315
exempted by the agreement, shall agree to make an annual payment	42316
to the urban school district with respect to any of its territory	42317
that is annexed territory in an amount not to exceed the amount	42318
certified for that year under former section 3317.029 of the	42319
Revised Code as that section existed prior to July 1, 1998; except	42320
that such limitation of annual payments to amounts certified under	42321
former section 3317.029 of the Revised Code does not apply to	42322
agreements or extensions of agreements entered into on or after	42323
June 1, 1992, unless such limitation is expressly agreed to by the	42324
parties. The agreement may provide that all or any part of the	42325
payment shall be waived if the urban school district receives its	42326
payment with respect to such annexed territory under former	42327
section 3317.029 of the Revised Code and that all or any part of	42328
such payment may be waived if the urban school district does not	42329
receive its payment with respect to such annexed territory under	42330
such section.	42331

With respect to territory that is transferred to the urban	42332
school district after September 24, 1986, the agreement may	42333
provide for annual payments by the urban school district to the	42334
school district whose territory is transferred to the urban school	42335
district subsequent to annexation by the city served by the urban	42336
school district.	42337

(G) In the event territory is transferred from one school	42338
district to another under this section, an equitable division of	42339
the funds and indebtedness between the districts involved shall be	42340
made under the supervision of the state board of education and	42341
that board's decision shall be final. Such division shall not	42342
include funds payable to or received by a school district under	42343
Chapter ~~3306. or~~ 3317. of the Revised Code or payable to or	42344
received by a school district from the United States or any	42345
department or agency thereof. In the event such transferred	42346
territory includes real property owned by a school district, the	42347
state board of education, as part of such division of funds and	42348
indebtedness, shall determine the true value in money of such real	42349
property and all buildings or other improvements thereon. The	42350
board of education of the school district receiving such territory	42351
shall forthwith pay to the board of education of the school	42352
district losing such territory such true value in money of such	42353
real property, buildings, and improvements less such percentage of	42354
the true value in money of each school building located on such	42355
real property as is represented by the ratio of the total	42356
enrollment in day classes of the pupils residing in the territory	42357
transferred enrolled at such school building in the school year in	42358
which such annexation proceedings were commenced to the total	42359
enrollment in day classes of all pupils residing in the school	42360
district losing such territory enrolled at such school building in	42361
such school year. The school district receiving such payment shall	42362
place the proceeds thereof in its sinking fund or bond retirement	42363
fund.	42364

(H) The state board of education, before approving such	42365
transfer of territory, shall determine that such payment has been	42366
made and shall apportion to the acquiring school district such	42367
percentage of the indebtedness of the school district losing the	42368
territory as is represented by the ratio that the assessed	42369
valuation of the territory transferred bears to the total assessed	42370
valuation of the entire school district losing the territory as of	42371
the effective date of the transfer, provided that in ascertaining	42372
the indebtedness of the school district losing the territory the	42373
state board of education shall disregard such percentage of the	42374
par value of the outstanding and unpaid bonds and notes of said	42375
school district issued for construction or improvement of the	42376
school building or buildings for which payment was made by the	42377
acquiring district as is equal to the percentage by which the true	42378
value in money of such building or buildings was reduced in fixing	42379
the amount of said payment.	42380

(I) No transfer of school district territory or division of	42381
funds and indebtedness incident thereto, pursuant to the	42382
annexation of territory to a city or village shall be completed in	42383
any other manner than that prescribed by this section regardless	42384
of the date of the commencement of such annexation proceedings,	42385
and this section applies to all proceedings for such transfers and	42386
divisions of funds and indebtedness pending or commenced on or	42387
after October 2, 1959.	42388

Sec. 3311.19. (A) The management and control of a joint	42389
vocational school district shall be vested in the joint vocational	42390
school district board of education. Where a joint vocational	42391
school district is composed only of two or more local school	42392
districts located in one county, or when all the participating	42393
districts are in one county and the boards of such participating	42394
districts so choose, the educational service center governing	42395
board of the county in which the joint vocational school district	42396
is located shall serve as the joint vocational school district	42397
board of education. Where a joint vocational school district is	42398
composed of local school districts of more than one county, or of	42399
any combination of city, local, or exempted village school	42400
districts or educational service centers, unless administration by	42401
the educational service center governing board has been chosen by	42402
all the participating districts in one county pursuant to this	42403
section, the board of education of the joint vocational school	42404
district shall be composed of one or more persons who are members	42405
of the boards of education from each of the city or exempted	42406
village school districts or members of the educational service	42407
centers' governing boards affected to be appointed by the boards	42408
of education or governing boards of such school districts and	42409
educational service centers. In such joint vocational school	42410
districts the number and terms of members of the joint vocational	42411
school district board of education and the allocation of a given	42412
number of members to each of the city and exempted village	42413
districts and educational service centers shall be determined in	42414
the plan for such district, provided that each such joint	42415
vocational school district board of education shall be composed of	42416
an odd number of members.	42417

(B) Notwithstanding division (A) of this section, a governing	42418
board of an educational service center that has members of its	42419
governing board serving on a joint vocational school district	42420
board of education may make a request to the joint vocational	42421
district board that the joint vocational school district plan be	42422
revised to provide for one or more members of boards of education	42423
of local school districts that are within the territory of the	42424
educational service district and within the joint vocational	42425
school district to serve in the place of or in addition to its	42426
educational service center governing board members. If agreement	42427
is obtained among a majority of the boards of education and	42428
governing boards that have a member serving on the joint	42429
vocational school district board of education and among a majority	42430
of the local school district boards of education included in the	42431
district and located within the territory of the educational	42432
service center whose board requests the substitution or addition,	42433
the state board of education may revise the joint vocational	42434
school district plan to conform with such agreement.	42435

(C) If the board of education of any school district or	42436
educational service center governing board included within a joint	42437
vocational district that has had its board or governing board	42438
membership revised under division (B) of this section requests the	42439
joint vocational school district board to submit to the state	42440
board of education a revised plan under which one or more joint	42441
vocational board members chosen in accordance with a plan revised	42442
under such division would again be chosen in the manner prescribed	42443
by division (A) of this section, the joint vocational board shall	42444
submit the revised plan to the state board of education, provided	42445
the plan is agreed to by a majority of the boards of education	42446
represented on the joint vocational board, a majority of the local	42447
school district boards included within the joint vocational	42448
district, and each educational service center governing board	42449
affected by such plan. The state board of education may revise the	42450
joint vocational school district plan to conform with the revised	42451
plan.	42452

(D) The vocational schools in such joint vocational school	42453
district shall be available to all youth of school age within the	42454
joint vocational school district subject to the rules adopted by	42455
the joint vocational school district board of education in regard	42456
to the standards requisite to admission. A joint vocational school	42457
district board of education shall have the same powers, duties,	42458
and authority for the management and operation of such joint	42459
vocational school district as is granted by law, except by this	42460
chapter and Chapters 124., ~~3306.,~~ 3317., 3323., and 3331. of the	42461
Revised Code, to a board of education of a city school district,	42462
and shall be subject to all the provisions of law that apply to a	42463
city school district, except such provisions in this chapter and	42464
Chapters 124., ~~3306.,~~ 3317., 3323., and 3331. of the Revised Code.	42465

(E) Where a governing board of an educational service center	42466
has been designated to serve as the joint vocational school	42467
district board of education, the educational service center	42468
superintendent shall be the executive officer for the joint	42469
vocational school district, and the governing board may provide	42470
for additional compensation to be paid to the educational service	42471
center superintendent by the joint vocational school district, but	42472
the educational service center superintendent shall have no	42473
continuing tenure other than that of educational service center	42474
superintendent. The superintendent of schools of a joint	42475
vocational school district shall exercise the duties and authority	42476
vested by law in a superintendent of schools pertaining to the	42477
operation of a school district and the employment and supervision	42478
of its personnel. The joint vocational school district board of	42479
education shall appoint a treasurer of the joint vocational school	42480
district who shall be the fiscal officer for such district and who	42481
shall have all the powers, duties, and authority vested by law in	42482
a treasurer of a board of education. Where a governing board of an	42483
educational service center has been designated to serve as the	42484
joint vocational school district board of education, such board	42485
may appoint the educational service center superintendent as the	42486
treasurer of the joint vocational school district.	42487

(F) Each member of a joint vocational school district board	42488
of education may be paid such compensation as the board provides	42489
by resolution, but it shall not exceed one hundred twenty-five	42490
dollars per member for each meeting attended plus mileage, at the	42491
rate per mile provided by resolution of the board, to and from	42492
meetings of the board.	42493

~~The board may provide by resolution for the deduction of~~	42494
~~amounts payable for benefits under section 3313.202 of the Revised~~	42495
~~Code.~~	42496

Each member of a joint vocational school district board may	42497
be paid such compensation as the board provides by resolution for	42498
attendance at an approved training program, provided that such	42499
compensation shall not exceed sixty dollars per day for attendance	42500
at a training program three hours or fewer in length and one	42501
hundred twenty-five dollars a day for attendance at a training	42502
program longer than three hours in length. However, no board	42503
member shall be compensated for the same training program under	42504
this section and section 3313.12 of the Revised Code.	42505

Sec. 3311.21. (A) In addition to the resolutions authorized	42506
by sections 5705.194, 5705.199, 5705.21, 5705.212, and 5705.213 of	42507
the Revised Code, the board of education of a joint vocational or	42508
cooperative education school district by a vote of two-thirds of	42509
its full membership may at any time adopt a resolution declaring	42510
the necessity to levy a tax in excess of the ten-mill limitation	42511
for a period not to exceed ten years to provide funds for any one	42512
or more of the following purposes, which may be stated in the	42513
following manner in such resolution, the ballot, and the notice of	42514
election: purchasing a site or enlargement thereof and for the	42515
erection and equipment of buildings; for the purpose of enlarging,	42516
improving, or rebuilding thereof; for the purpose of providing for	42517
the current expenses of the joint vocational or cooperative school	42518
district; or for a continuing period for the purpose of providing	42519
for the current expenses of the joint vocational or cooperative	42520
education school district. The resolution shall specify the amount	42521
of the proposed rate and, if a renewal, whether the levy is to	42522
renew all, or a portion of, the existing levy, and shall specify	42523
the first year in which the levy will be imposed. If the levy	42524
provides for but is not limited to current expenses, the	42525
resolution shall apportion the annual rate of the levy between	42526
current expenses and the other purpose or purposes. Such	42527
apportionment may but need not be the same for each year of the	42528
levy, but the respective portions of the rate actually levied each	42529
year for current expenses and the other purpose or purposes shall	42530
be limited by such apportionment. The portion of any such rate	42531
actually levied for current expenses of a joint vocational or	42532
cooperative education school district shall be used in applying	42533
~~division (A)(1) of section 3306.01 and~~ division (A) of section	42534
3317.01 of the Revised Code. The portion of any such rate not	42535
apportioned to the current expenses of a joint vocational or	42536
cooperative education school district shall be used in applying	42537
division (B) of this section. On the adoption of such resolution,	42538
the joint vocational or cooperative education school district	42539
board of education shall certify the resolution to the board of	42540
elections of the county containing the most populous portion of	42541
the district, which board shall receive resolutions for filing and	42542
send them to the boards of elections of each county in which	42543
territory of the district is located, furnish all ballots for the	42544
election as provided in section 3505.071 of the Revised Code, and	42545
prepare the election notice; and the board of elections of each	42546
county in which the territory of such district is located shall	42547
make the other necessary arrangements for the submission of the	42548
question to the electors of the joint vocational or cooperative	42549
education school district at the next primary or general election	42550
occurring not less than ninety days after the resolution was	42551
received from the joint vocational or cooperative education school	42552
district board of education, or at a special election to be held	42553
at a time designated by the district board of education consistent	42554
with the requirements of section 3501.01 of the Revised Code,	42555
which date shall not be earlier than ninety days after the	42556
adoption and certification of the resolution.	42557

The board of elections of the county or counties in which	42558
territory of the joint vocational or cooperative education school	42559
district is located shall cause to be published in ~~one or more~~	42560
~~newspapers~~a newspaper of general circulation in that district an	42561
advertisement of the proposed tax levy question, together with a	42562
statement of the amount of the proposed levy once a week for two	42563
consecutive weeks or as provided in section 7.16 of the Revised	42564
Code, prior to the election at which the question is to appear on	42565
the ballot~~, and, if~~. If the board of elections operates and	42566
maintains a web site, the board also shall post ~~a similar~~the	42567
advertisement on its web site for thirty days prior to that	42568
election.	42569

If a majority of the electors voting on the question of	42570
levying such tax vote in favor of the levy, the joint vocational	42571
or cooperative education school district board of education shall	42572
annually make the levy within the district at the rate specified	42573
in the resolution and ballot or at any lesser rate, and the county	42574
auditor of each affected county shall annually place the levy on	42575
the tax list and duplicate of each school district in the county	42576
having territory in the joint vocational or cooperative education	42577
school district. The taxes realized from the levy shall be	42578
collected at the same time and in the same manner as other taxes	42579
on the duplicate, and the taxes, when collected, shall be paid to	42580
the treasurer of the joint vocational or cooperative education	42581
school district and deposited to a special fund, which shall be	42582
established by the joint vocational or cooperative education	42583
school district board of education for all revenue derived from	42584
any tax levied pursuant to this section and for the proceeds of	42585
anticipation notes which shall be deposited in such fund. After	42586
the approval of the levy, the joint vocational or cooperative	42587
education school district board of education may anticipate a	42588
fraction of the proceeds of the levy and from time to time, during	42589
the life of the levy, but in any year prior to the time when the	42590
tax collection from the levy so anticipated can be made for that	42591
year, issue anticipation notes in an amount not exceeding fifty	42592
per cent of the estimated proceeds of the levy to be collected in	42593
each year up to a period of five years after the date of the	42594
issuance of the notes, less an amount equal to the proceeds of the	42595
levy obligated for each year by the issuance of anticipation	42596
notes, provided that the total amount maturing in any one year	42597
shall not exceed fifty per cent of the anticipated proceeds of the	42598
levy for that year. Each issue of notes shall be sold as provided	42599
in Chapter 133. of the Revised Code, and shall, except for such	42600
limitation that the total amount of such notes maturing in any one	42601
year shall not exceed fifty per cent of the anticipated proceeds	42602
of the levy for that year, mature serially in substantially equal	42603
installments, during each year over a period not to exceed five	42604
years after their issuance.	42605

(B) Prior to the application of section 319.301 of the	42606
Revised Code, the rate of a levy that is limited to, or to the	42607
extent that it is apportioned to, purposes other than current	42608
expenses shall be reduced in the same proportion in which the	42609
district's total valuation increases during the life of the levy	42610
because of additions to such valuation that have resulted from	42611
improvements added to the tax list and duplicate.	42612

(C) The form of ballot cast at an election under division (A)	42613
of this section shall be as prescribed by section 5705.25 of the	42614
Revised Code.	42615

Sec. 3311.213. (A) With the approval of the board of	42616
education of a joint vocational school district ~~which~~that is in	42617
existence, any school district in the county or counties	42618
comprising the joint vocational school district or any school	42619
district in a county adjacent to a county comprising part of a	42620
joint vocational school district may become a part of the joint	42621
vocational school district. On the adoption of a resolution of	42622
approval by the board of education of the joint vocational school	42623
district, it shall advertise a copy of such resolution in a	42624
newspaper of general circulation in the school district proposing	42625
to become a part of such joint vocational school district once	42626
each week for ~~at least~~ two weeks, or as provided in section 7.16	42627
of the Revised Code, immediately following the date of the	42628
adoption of such resolution. Such resolution shall not become	42629
effective until the later of the sixty-first day after its	42630
adoption or until the board of elections certifies the results of	42631
an election in favor of joining of the school district to the	42632
joint vocational school district if such an election is held under	42633
division (B) of this section.	42634

(B) During the sixty-day period following the date of the	42635
adoption of a resolution to join a school district to a joint	42636
vocational school district under division (A) of this section, the	42637
electors of the school district that proposes joining the joint	42638
vocational school district may petition for a referendum vote on	42639
the resolution. The question whether to approve or disapprove the	42640
resolution shall be submitted to the electors of such school	42641
district if a number of qualified electors equal to twenty per	42642
cent of the number of electors in the school district who voted	42643
for the office of governor at the most recent general election for	42644
that office sign a petition asking that the question of whether	42645
the resolution shall be disapproved be submitted to the electors.	42646
The petition shall be filed with the board of elections of the	42647
county in which the school district is located. If the school	42648
district is located in more than one county, the petition shall be	42649
filed with the board of elections of the county in which the	42650
majority of the territory of the school district is located. The	42651
board shall certify the validity and sufficiency of the signatures	42652
on the petition.	42653

The board of elections shall immediately notify the board of	42654
education of the joint vocational school district and the board of	42655
education of the school district that proposes joining the joint	42656
vocational school district that the petition has been filed.	42657

The effect of the resolution shall be stayed until the board	42658
of elections certifies the validity and sufficiency of the	42659
signatures on the petition. If the board of elections determines	42660
that the petition does not contain a sufficient number of valid	42661
signatures and sixty days have passed since the adoption of the	42662
resolution, the resolution shall become effective.	42663

If the board of elections certifies that the petition	42664
contains a sufficient number of valid signatures, the board shall	42665
submit the question to the qualified electors of the school	42666
district on the day of the next general or primary election held	42667
at least ninety days after but no later than six months after the	42668
board of elections certifies the validity and sufficiency of	42669
signatures on the petition. If there is no general or primary	42670
election held at least ninety days after but no later than six	42671
months after the board of elections certifies the validity and	42672
sufficiency of signatures on the petition, the board shall submit	42673
the question to the electors at a special election to be held on	42674
the next day specified for special elections in division (D) of	42675
section 3501.01 of the Revised Code that occurs at least ninety	42676
days after the board certifies the validity and sufficiency of	42677
signatures on the petition. The election shall be conducted and	42678
canvassed and the results shall be certified in the same manner as	42679
in regular elections for the election of members of a board of	42680
education.	42681

If a majority of the electors voting on the question	42682
disapprove the resolution, the resolution shall not become	42683
effective.	42684

(C) If the resolution becomes effective, the board of	42685
education of the joint vocational school district shall notify the	42686
county auditor of the county in which the school district becoming	42687
a part of the joint vocational school district is located, who	42688
shall thereupon have any outstanding levy for building purposes,	42689
bond retirement, or current expenses in force in the joint	42690
vocational school district spread over the territory of the school	42691
district becoming a part of the joint vocational school district.	42692
On the addition of a city or exempted village school district or	42693
an educational service center to the joint vocational school	42694
district, pursuant to this section, the board of education of such	42695
joint vocational school district shall submit to the state board	42696
of education a proposal to enlarge the membership of such board by	42697
the addition of one or more persons at least one of whom shall be	42698
a member of the board of education or governing board of such	42699
additional school district or educational service center, and the	42700
term of each such additional member. On the addition of a local	42701
school district to the joint vocational school district, pursuant	42702
to this section, the board of education of such joint vocational	42703
school district may submit to the state board of education a	42704
proposal to enlarge the membership of such board by the addition	42705
of one or more persons who are members of the educational service	42706
center governing board of such additional local school district.	42707
On approval by the state board of education additional members	42708
shall be added to such joint vocational school district board of	42709
education.	42710

Sec. 3311.214. (A) With the approval of the state board of	42711
education, the boards of education of any two or more joint	42712
vocational school districts may, by the adoption of identical	42713
resolutions by a majority of the members of each such board,	42714
propose that one new joint vocational school district be created	42715
by adding together all of the territory of each of the districts	42716
and dissolving such districts. A copy of each resolution shall be	42717
filed with the state board of education for its approval or	42718
disapproval. The resolutions shall include a provision that the	42719
board of education of the new district shall be composed of the	42720
members from the same boards of education that composed the	42721
membership of the board of each of the districts to be dissolved,	42722
except that, if an even number of districts are to be dissolved,	42723
one additional member shall be added, who may be from any school	42724
district included in the territory of any of the districts to be	42725
dissolved as designated in the resolutions. The members of the new	42726
board shall have the same terms of office as they had under the	42727
respective plans of the districts adopting the resolutions, except	42728
that, if the new board has an additional member, hethe additional	42729
member shall have a term as specified in the resolutions.	42730

If the state board approves the resolutions, the board of	42731
education of each district to be dissolved shall advertise a copy	42732
of the resolution in a newspaper of general circulation in its	42733
district once each week for ~~at least~~ two weeks, or as provided in	42734
section 7.16 of the Revised Code, immediately following the date	42735
the resolutions are approved by the state board. The resolutions	42736
shall become effective on the first day of July next succeeding	42737
the sixtieth day following approval by the state board unless	42738
prior to the expiration of such sixty-day period, qualified	42739
electors residing in one of the districts to be dissolved equal in	42740
number to a majority of the qualified electors of that district	42741
voting at the last general election file with the state board a	42742
petition of remonstrance against creation of the proposed new	42743
district.	42744

(B) When a resolution becomes effective under division (A) of	42745
this section, each district in which a resolution was adopted and	42746
the board of each such district are dissolved. The territory of	42747
each dissolved district becomes a part of the new joint vocational	42748
school district. The net indebtedness of each dissolved district	42749
shall be assumed in full by the new district and the funds and	42750
property of each dissolved district shall become in full the funds	42751
and property of the new district. All existing contracts of each	42752
dissolved board shall be honored by the board of the new district	42753
until their expiration dates. The board of the new district shall	42754
notify the county auditor of each county in which each dissolved	42755
district was located that a resolution has become effective and a	42756
new district has been created and shall certify to each auditor	42757
any changes that might be required in the tax rate as a result of	42758
the creation of the new district.	42759

(C) As used in this section, "net indebtedness" means the	42760
difference between the par value of the outstanding and unpaid	42761
bonds and notes of the school district and the amount held in the	42762
sinking fund and other indebtedness retirement funds for their	42763
redemption.	42764

Sec. 3311.29. (A) Except as provided under division (B) or	42765
(C) of this section, no school district shall be created and no	42766
school district shall exist which does not maintain within such	42767
district public schools consisting of grades kindergarten through	42768
twelve and any such existing school district not maintaining such	42769
schools shall be dissolved and its territory joined with another	42770
school district or districts by order of the state board of	42771
education if no agreement is made among the surrounding districts	42772
voluntarily, which order shall provide an equitable division of	42773
the funds, property, and indebtedness of the dissolved school	42774
district among the districts receiving its territory. The state	42775
board of education may authorize exceptions to school districts	42776
where topography, sparsity of population, and other factors make	42777
compliance impracticable.	42778

The superintendent of public instruction is without authority	42779
to distribute funds under Chapter ~~3306. or~~ 3317. of the Revised	42780
Code to any school district that does not maintain schools with	42781
grades kindergarten through twelve and to which no exception has	42782
been granted by the state board of education.	42783

(B) Division (A) of this section does not apply to any joint	42784
vocational school district or any cooperative education school	42785
district established pursuant to divisions (A) to (C) of section	42786
3311.52 of the Revised Code.	42787

(C)(1)(a) Except as provided in division (C)(3) of this	42788
section, division (A) of this section does not apply to any	42789
cooperative education school district established pursuant to	42790
section 3311.521 of the Revised Code nor to the city, exempted	42791
village, or local school districts that have territory within such	42792
a cooperative education district.	42793

(b) The cooperative district and each city, exempted village,	42794
or local district with territory within the cooperative district	42795
shall maintain the grades that the resolution adopted or amended	42796
pursuant to section 3311.521 of the Revised Code specifies.	42797

(2) Any cooperative education school district described under	42798
division (C)(1) of this section that fails to maintain the grades	42799
it is specified to operate shall be dissolved by order of the	42800
state board of education unless prior to such an order the	42801
cooperative district is dissolved pursuant to section 3311.54 of	42802
the Revised Code. Any such order shall provide for the equitable	42803
adjustment, division, and disposition of the assets, property,	42804
debts, and obligations of the district among each city, local, and	42805
exempted village school district whose territory is in the	42806
cooperative district and shall provide that the tax duplicate of	42807
each city, local, and exempted village school district whose	42808
territory is in the cooperative district shall be bound for and	42809
assume its share of the outstanding indebtedness of the	42810
cooperative district.	42811

(3) If any city, exempted village, or local school district	42812
described under division (C)(1) of this section fails to maintain	42813
the grades it is specified to operate the cooperative district	42814
within which it has territory shall be dissolved in accordance	42815
with division (C)(2) of this section and upon that dissolution any	42816
city, exempted village, or local district failing to maintain	42817
grades kindergarten through twelve shall be subject to the	42818
provisions for dissolution in division (A) of this section.	42819

Sec. 3311.50. (A) As used in this section, "county school	42820
financing district" means a taxing district consisting of the	42821
following territory:	42822

(1) The territory that constitutes the educational service	42823
center on the date that the governing board of that educational	42824
service center adopts a resolution under division (B) of this	42825
section declaring that the territory of the educational service	42826
center is a county school financing district, exclusive of any	42827
territory subsequently withdrawn from the district under division	42828
(D) of this section;	42829

(2) Any territory that has been added to the county school	42830
financing district under this section.	42831

A county school financing district may include the territory	42832
of a city, local, or exempted village school district whose	42833
territory also is included in the territory of one or more other	42834
county school financing districts.	42835

(B) The governing board of any educational service center	42836
may, by resolution, declare that the territory of the educational	42837
service center is a county school financing district. The	42838
resolution shall state the purpose for which the county school	42839
financing district is created which may be for any one or more of	42840
the following purposes:	42841

(1) To levy taxes for the provision of special education by	42842
the school districts that are a part of the district, including	42843
taxes for permanent improvements for special education;	42844

(2) To levy taxes for the provision of specified educational	42845
programs and services by the school districts that are a part of	42846
the district, as identified in the resolution creating the	42847
district, including the levying of taxes for permanent	42848
improvements for those programs and services;	42849

(3) To levy taxes for permanent improvements of school	42850
districts that are a part of the district.	42851

The governing board of the educational service center that	42852
creates a county school financing district shall serve as the	42853
taxing authority of the district and may use educational service	42854
center governing board employees to perform any of the functions	42855
necessary in the performance of its duties as a taxing authority.	42856
A county school financing district shall not employ any personnel.	42857

With the approval of a majority of the members of the board	42858
of education of each school district within the territory of the	42859
county school financing district, the taxing authority of the	42860
financing district may amend the resolution creating the district	42861
to broaden or narrow the purposes for which it was created.	42862

A governing board of an educational service center may create	42863
more than one county school financing district. If a governing	42864
board of an educational service center creates more than one such	42865
district, it shall clearly distinguish among the districts it	42866
creates by including a designation of each district's purpose in	42867
the district's name.	42868

(C) A majority of the members of a board of education of a	42869
city, local, or exempted village school district may adopt a	42870
resolution requesting that its territory be joined with the	42871
territory of any county school financing district. Copies of the	42872
resolution shall be filed with the state board of education and	42873
the taxing authority of the county school financing district.	42874
Within sixty days of its receipt of such a resolution, the county	42875
school financing district's taxing authority shall vote on the	42876
question of whether to accept the school district's territory as	42877
part of the county school financing district. If a majority of the	42878
members of the taxing authority vote to accept the territory, the	42879
school district's territory shall thereupon become a part of the	42880
county school financing district unless the county school	42881
financing district has in effect a tax imposed under section	42882
5705.211 of the Revised Code. If the county school financing	42883
district has such a tax in effect, the taxing authority shall	42884
certify a copy of its resolution accepting the school district's	42885
territory to the school district's board of education, which may	42886
then adopt a resolution, with the affirmative vote of a majority	42887
of its members, proposing the submission to the electors of the	42888
question of whether the district's territory shall become a part	42889
of the county school financing district and subject to the taxes	42890
imposed by the financing district. The resolution shall set forth	42891
the date on which the question shall be submitted to the electors,	42892
which shall be at a special election held on a date specified in	42893
the resolution, which shall not be earlier than ninety days after	42894
the adoption and certification of the resolution. A copy of the	42895
resolution shall immediately be certified to the board of	42896
elections of the proper county, which shall make arrangements for	42897
the submission of the proposal to the electors of the school	42898
district. The board of the joining district shall publish notice	42899
of the election in ~~one or more newspapers~~a newspaper of general	42900
circulation in the county once a week for two consecutive weeks,	42901
or as provided in section 7.16 of the Revised Code, prior to the	42902
election. Additionally, if the board of elections operates and	42903
maintains a web site, the board of elections shall post notice of	42904
the election on its web site for thirty days prior to the	42905
election. The question appearing on the ballot shall read:	42906

"Shall the territory within .......... (name of the school	42907
district proposing to join the county school financing district)	42908
.......... be added to .......... (name) .......... county school	42909
financing district, and a property tax for the purposes of	42910
......... (here insert purposes) .......... at a rate of taxation	42911
not exceeding .......... (here insert the outstanding tax rate)	42912
........... be in effect for .......... (here insert the number of	42913
years the tax is to be in effect or "a continuing period of time,"	42914
as applicable) ..........?"	42915

If the proposal is approved by a majority of the electors	42916
voting on it, the joinder shall take effect on the first day of	42917
July following the date of the election, and the county board of	42918
elections shall notify the county auditor of each county in which	42919
the school district joining its territory to the county school	42920
financing district is located.	42921

(D) The board of any city, local, or exempted village school	42922
district whose territory is part of a county school financing	42923
district may withdraw its territory from the county school	42924
financing district thirty days after submitting to the governing	42925
board that is the taxing authority of the district and the state	42926
board a resolution proclaiming such withdrawal, adopted by a	42927
majority vote of its members, but any county school financing	42928
district tax levied in such territory on the effective date of the	42929
withdrawal shall remain in effect in such territory until such tax	42930
expires or is renewed. No board may adopt a resolution withdrawing	42931
from a county school financing district that would take effect	42932
during the forty-five days preceding the date of an election at	42933
which a levy proposed under section 5705.215 of the Revised Code	42934
is to be voted upon.	42935

(E) A city, local, or exempted village school district does	42936
not lose its separate identity or legal existence by reason of	42937
joining its territory to a county school financing district under	42938
this section and an educational service center does not lose its	42939
separate identity or legal existence by reason of creating a	42940
county school financing district that accepts or loses territory	42941
under this section.	42942

Sec. 3311.52. A cooperative education school district may be	42943
established pursuant to divisions (A) to (C) of this section or	42944
pursuant to section 3311.521 of the Revised Code.	42945

(A) A cooperative education school district may be	42946
established upon the adoption of identical resolutions within a	42947
sixty-day period by a majority of the members of the board of	42948
education of each city, local, and exempted village school	42949
district that is within the territory of a county school financing	42950
district.	42951

A copy of each resolution shall be filed with the governing	42952
board of the educational service center which created the county	42953
school financing district. Upon the filing of the last such	42954
resolution, the educational service center governing board shall	42955
immediately notify each board of education filing such a	42956
resolution of the date on which the last resolution was filed.	42957

Ten days after the date on which the last resolution is filed	42958
with the educational service center governing board or ten days	42959
after the last of any notices required under division (C) of this	42960
section is received by the educational service center governing	42961
board, whichever is later, the county school financing district	42962
shall be dissolved and the new cooperative education school	42963
district and the board of education of the cooperative education	42964
school district shall be established.	42965

On the date that any county school financing district is	42966
dissolved and a cooperative education school district is	42967
established under this section, each of the following shall apply:	42968

(1) The territory of the dissolved district becomes the	42969
territory of the new district.	42970

(2) Any outstanding tax levy in force in the dissolved	42971
district shall be spread over the territory of the new district	42972
and shall remain in force in the new district until the levy	42973
expires or is renewed.	42974

(3) Any funds of the dissolved district shall be paid over in	42975
full to the new district.	42976

(4) Any net indebtedness of the dissolved district shall be	42977
assumed in full by the new district. As used in division (A)(4) of	42978
this section, "net indebtedness" means the difference between the	42979
par value of the outstanding and unpaid bonds and notes of the	42980
dissolved district and the amount held in the sinking fund and	42981
other indebtedness retirement funds for their redemption.	42982

When a county school financing district is dissolved and a	42983
cooperative education school district is established under this	42984
section, the governing board of the educational service center	42985
that created the dissolved district shall give written notice of	42986
this fact to the county auditor and the board of elections of each	42987
county having any territory in the new district.	42988

(B) The resolutions adopted under division (A) of this	42989
section shall include all of the following provisions:	42990

(1) Provision that the governing board of the educational	42991
service center which created the county school financing district	42992
shall be the board of education of the cooperative education	42993
school district, except that provision may be made for the	42994
composition, selection, and terms of office of an alternative	42995
board of education of the cooperative district, which board shall	42996
include at least one member selected from or by the members of the	42997
board of education of each city, local, and exempted village	42998
school district and at least one member selected from or by the	42999
members of the educational service center governing board within	43000
the territory of the cooperative district;	43001

(2) Provision that the treasurer and superintendent of the	43002
educational service center which created the county school	43003
financing district shall be the treasurer and superintendent of	43004
the cooperative education school district, except that provision	43005
may be made for the selection of a treasurer or superintendent of	43006
the cooperative district other than the treasurer or	43007
superintendent of the educational service center, which provision	43008
shall require one of the following:	43009

(a) The selection of one person as both the treasurer and	43010
superintendent of the cooperative district, which provision may	43011
require such person to be the treasurer or superintendent of any	43012
city, local, or exempted village school district or educational	43013
service center within the territory of the cooperative district;	43014

(b) The selection of one person as the treasurer and another	43015
person as the superintendent of the cooperative district, which	43016
provision may require either one or both such persons to be	43017
treasurers or superintendents of any city, local, or exempted	43018
village school districts or educational service center within the	43019
territory of the cooperative district.	43020

(3) A statement of the educational program the board of	43021
education of the cooperative education school district will	43022
conduct, including but not necessarily limited to the type of	43023
educational program, the grade levels proposed for inclusion in	43024
the program, the timetable for commencing operation of the	43025
program, and the facilities proposed to be used or constructed to	43026
be used by the program;	43027

(4) A statement of the annual amount, or the method for	43028
determining that amount, of funds or services or facilities that	43029
each city, local, and exempted village school district within the	43030
territory of the cooperative district is required to pay to or	43031
provide for the use of the board of education of the cooperative	43032
education school district;	43033

(5) Provision for adopting amendments to the provisions of	43034
divisions (B)(2) to (4) of this section.	43035

(C) If the resolutions adopted under division (A) of this	43036
section provide for a board of education of the cooperative	43037
education school district that is not the governing board of the	43038
educational service center that created the county school	43039
financing district, each board of education of each city, local,	43040
or exempted village school district and the governing board of the	43041
educational service center within the territory of the cooperative	43042
district shall, within thirty days after the date on which the	43043
last resolution is filed with the educational service center	43044
governing board under division (A) of this section, select one or	43045
more members of the board of education of the cooperative district	43046
as provided in the resolutions filed with the educational service	43047
center governing board. Each such board shall immediately notify	43048
the educational service center governing board of each such	43049
selection.	43050

(D) Except for the powers and duties in this chapter and	43051
Chapters 124., ~~3306.,~~ 3317., 3318., 3323., and 3331. of the	43052
Revised Code, a cooperative education school district established	43053
pursuant to divisions (A) to (C) of this section or pursuant to	43054
section 3311.521 of the Revised Code has all the powers of a city	43055
school district and its board of education has all the powers and	43056
duties of a board of education of a city school district with	43057
respect to the educational program specified in the resolutions	43058
adopted under division (A) of this section. All laws applicable to	43059
a city school district or the board of education or the members of	43060
the board of education of a city school district, except such laws	43061
in this chapter and Chapters 124., ~~3306.,~~ 3317., 3318., 3323., and	43062
3331. of the Revised Code, are applicable to a cooperative	43063
education school district and its board.	43064

The treasurer and superintendent of a cooperative education	43065
school district shall have the same respective duties and powers	43066
as a treasurer and superintendent of a city school district,	43067
except for any powers and duties in this chapter and Chapters	43068
124., ~~3306.,~~ 3317., 3318., 3323., and 3331. of the Revised Code.	43069

(E) For purposes of this title, any student included in the	43070
formula ADM certified for any city, exempted village, or local	43071
school district under section 3317.03 of the Revised Code by	43072
virtue of being counted, in whole or in part, in the average daily	43073
membership of a cooperative education school district under	43074
division (A)(2)(f) of that section shall be construed to be	43075
enrolled both in that city, exempted village, or local school	43076
district and in that cooperative education school district. This	43077
division shall not be construed to mean that any such individual	43078
student may be counted more than once for purposes of determining	43079
the average daily membership of any one school district.	43080

Sec. 3311.53. (A)(1) The board of education of any city,	43081
local, or exempted village school district that wishes to become	43082
part of a cooperative education school district established	43083
pursuant to divisions (A) to (C) of section 3311.52 of the Revised	43084
Code may adopt a resolution proposing to become a part of the	43085
cooperative education school district.	43086

(2) The board of education of any city, local, or exempted	43087
village school district that is contiguous to a cooperative	43088
education school district established pursuant to section 3311.521	43089
of the Revised Code and that wishes to become part of that	43090
cooperative district may adopt a resolution proposing to become	43091
part of that cooperative district.	43092

(B) If, after the adoption of a resolution in accordance with	43093
division (A) of this section, the board of education of the	43094
cooperative education school district named in that resolution	43095
also adopts a resolution accepting the new district, the board of	43096
the district wishing to become part of the cooperative district	43097
shall advertise a copy of the cooperative district board's	43098
resolution in a newspaper of general circulation in the school	43099
district proposing to become a part of the cooperative education	43100
school district once each week for ~~at least~~ two weeks, or as	43101
provided in section 7.16 of the Revised Code, immediately	43102
following the date of the adoption of the resolution. The	43103
resolution shall become legally effective on the sixtieth day	43104
after its adoption, unless prior to the expiration of that	43105
sixty-day period qualified electors residing in the school	43106
district proposed to become a part of the cooperative education	43107
school district equal in number to a majority of the qualified	43108
electors voting at the last general election file with the board	43109
of education a petition of remonstrance against the transfer. If	43110
the resolution becomes legally effective, both of the following	43111
shall apply:	43112

(1) The resolution that established the cooperative education	43113
school district pursuant to divisions (A) to (C) of section	43114
3311.52 or section 3311.521 of the Revised Code shall be amended	43115
to reflect the addition of the new district to the cooperative	43116
district.	43117

(2) The board of education of the cooperative education	43118
school district shall give written notice of this fact to the	43119
county auditor and the board of elections of each county in which	43120
the school district becoming a part of the cooperative education	43121
school district has territory. Any such county auditor shall	43122
thereupon have any outstanding levy for building purposes, bond	43123
retirement, or current expenses in force in the cooperative	43124
education school district spread over the territory of the school	43125
district becoming a part of the cooperative education school	43126
district.	43127

(C) If the board of education of the cooperative education	43128
school district is not the governing board of an educational	43129
service center, the board of education of the cooperative	43130
education school district shall, on the addition of a city, local,	43131
or exempted village school district to the district pursuant to	43132
this section, submit to the state board of education a proposal to	43133
enlarge the membership of the board. In the case of a cooperative	43134
district established pursuant to divisions (A) to (C) of section	43135
3311.52 of the Revised Code, the proposal shall add one or more	43136
persons to the district's board, at least one of whom shall be a	43137
member of or selected by the board of education of the additional	43138
school district, and shall specify the term of each such	43139
additional member. In the case of a cooperative district	43140
established pursuant to section 3311.521 of the Revised Code, the	43141
proposal shall add two or more persons to the district's board, at	43142
least two of whom shall be a member of or selected by the board of	43143
education of the additional school district, and shall specify the	43144
term of each such additional member. On approval by the state	43145
board of education, the additional members shall be added to the	43146
cooperative education school district board of education.	43147

Sec. 3311.73. (A) No later than ninety days before the	43148
general election held in the first even-numbered year occurring at	43149
least four years after the date it assumed control of the	43150
municipal school district pursuant to division (B) of section	43151
3311.71 of the Revised Code, the board of education appointed	43152
under that division shall notify the board of elections of each	43153
county containing territory of the municipal school district of	43154
the referendum election required by division (B) of this section.	43155

(B) At the general election held in the first even-numbered	43156
year occurring at least four years after the date the new board	43157
assumed control of a municipal school district pursuant to	43158
division (B) of section 3311.71 of the Revised Code, the following	43159
question shall be submitted to the electors residing in the school	43160
district:	43161

"Shall the mayor of ..... (here insert the name of the	43162
applicable municipal corporation) continue to appoint the members	43163
of the board of education of the ..... (here insert the name of	43164
the municipal school district)?"	43165

The board of elections of the county in which the majority of	43166
the school district's territory is located shall make all	43167
necessary arrangements for the submission of the question to the	43168
electors, and the election shall be conducted, canvassed, and	43169
certified in the same manner as regular elections in the district	43170
for the election of county officers, provided that in any such	43171
election in which only part of the electors of a precinct are	43172
qualified to vote, the board of elections may assign voters in	43173
such part to an adjoining precinct. Such an assignment may be made	43174
to an adjoining precinct in another county with the consent and	43175
approval of the board of elections of such other county. Notice of	43176
the election shall be published in a newspaper of general	43177
circulation in the school district once a week for two consecutive	43178
weeks, or as provided in section 7.16 of the Revised Code, prior	43179
to the election~~, and, if~~. If the board of elections operates and	43180
maintains a web site, the board of elections shall post notice of	43181
the election on its web site for thirty days prior to the	43182
election. The notice shall state the question on which the	43183
election is being held. The ballot shall be in the form prescribed	43184
by the secretary of state. Costs of submitting the question to the	43185
electors shall be charged to the municipal school district in	43186
accordance with section 3501.17 of the Revised Code.	43187

(C) If a majority of electors voting on the issue proposed in	43188
division (B) of this section approve the question, the mayor shall	43189
appoint a new board on the immediately following first day of July	43190
pursuant to division (F) of section 3311.71 of the Revised Code.	43191

(D) If a majority of electors voting on the issue proposed in	43192
division (B) of this section disapprove the question, a new	43193
seven-member board of education shall be elected at the next	43194
regular election occurring in November of an odd-numbered year. At	43195
such election, four members shall be elected for terms of four	43196
years and three members shall be elected for terms of two years.	43197
Thereafter, their successors shall be elected in the same manner	43198
and for the same terms as members of boards of education of a city	43199
school district. All members of the board of education of a	43200
municipal school district appointed pursuant to division (B) of	43201
section 3311.71 of the Revised Code shall continue to serve after	43202
the end of the terms to which they were appointed until their	43203
successors are qualified and assume office in accordance with	43204
section 3313.09 of the Revised Code.	43205

Sec. 3311.76. (A) Notwithstanding Chapters 3302.~~, 3306.,~~ and	43206
3317. of the Revised Code, upon written request of the district	43207
chief executive officer the state superintendent of public	43208
instruction may exempt a municipal school district from any rules	43209
adopted under Title XXXIII of the Revised Code except for any rule	43210
adopted under Chapter 3307. or 3309., sections 3319.07 to 3319.21,	43211
or Chapter 3323. of the Revised Code, and may authorize a	43212
municipal school district to apply funds allocated to the district	43213
under ~~Chapters 3306. and~~Chapter 3317. of the Revised Code, except	43214
those specifically allocated to purposes other than current	43215
expenses, to the payment of debt charges on the district's public	43216
obligations. The request must specify the provisions from which	43217
the district is seeking exemption or the application requested and	43218
the reasons for the request. The state superintendent shall	43219
approve the request if the superintendent finds the requested	43220
exemption or application is in the best interest of the district's	43221
students. The superintendent shall approve or disapprove the	43222
request within thirty days and shall notify the district board and	43223
the district chief executive officer of approval or reasons for	43224
disapproving the request.	43225

(B) In addition to the rights, authority, and duties	43226
conferred upon a municipal school district and its board of	43227
education in sections 3311.71 to 3311.76 of the Revised Code, a	43228
municipal school district and its board shall have all of the	43229
rights, authority, and duties conferred upon a city school	43230
district and its board by law that are not inconsistent with	43231
sections 3311.71 to 3311.76 of the Revised Code.	43232

Sec. 3313.12. Each member of the educational service center	43233
governing board may be paid such compensation as the governing	43234
board provides by resolution, provided that any such compensation	43235
shall not exceed one hundred twenty-five dollars a day plus	43236
mileage both ways, at the rate per mile provided by resolution of	43237
the governing board, for attendance at any meeting of the board.	43238
Such compensation and the expenses of the educational service	43239
center superintendent, itemized and verified, shall be paid from	43240
the educational service center governing board fund upon vouchers	43241
signed by the president of the governing board.	43242

The board of education of any city, local, or exempted	43243
village school district may provide by resolution for compensation	43244
of its members, provided that such compensation shall not exceed	43245
one hundred twenty-five dollars per member for meetings attended.	43246
~~The board may provide by resolution for the deduction of amounts~~	43247
~~payable for benefits under section 3313.202 of the Revised Code.~~	43248

Each member of a district board or educational service center	43249
governing board may be paid such compensation as the respective	43250
board provides by resolution for attendance at an approved	43251
training program, provided that such compensation shall not exceed	43252
sixty dollars a day for attendance at a training program three	43253
hours or fewer in length and one hundred twenty-five dollars a day	43254
for attendance at a training program longer than three hours in	43255
length.	43256

Sec. 3313.29. The treasurer of each board of education shall	43257
keep an account of all school funds of the district. The treasurer	43258
shall receive all vouchers for payments and disbursements made to	43259
and by the board and preserve such vouchers for a period of ten	43260
years unless copied or reproduced according to the procedure	43261
prescribed in section 9.01 of the Revised Code. Thereafter, such	43262
vouchers may be destroyed by the treasurer upon applying to and	43263
obtaining an order from the school district records commission in	43264
the manner prescribed by section 149.41 of the Revised Code,	43265
except that it shall not be necessary to copy or reproduce such	43266
vouchers before their destruction. The treasurer shall render a	43267
statement to the board and to the superintendent of the school	43268
district, monthly, or more often if required, showing the revenues	43269
and receipts from whatever sources derived, the various	43270
appropriations made by the board, the expenditures and	43271
disbursements therefrom, the purposes thereof, the balances	43272
remaining in each appropriation, and the assets and liabilities of	43273
the school district. At the end of the fiscal year such statement	43274
shall be a complete exhibit of the financial affairs of the school	43275
district which may be published and distributed with the approval	43276
of the board. All monthly and yearly statements as required in	43277
this section shall be available for examination by the public.	43278

On request of the principal or other chief administrator of	43279
any nonpublic school located within the school district's	43280
territory, the treasurer shall provide such principal or	43281
administrator with an account of the moneys received by the	43282
district under division ~~(I)~~(E) of section 3317.024 of the Revised	43283
Code as reported to the district's board in the treasurer's most	43284
recent monthly statement.	43285

Sec. 3313.33. (A) Conveyances made by a board of education	43286
shall be executed by the president and treasurer thereof.	43287

(B) Except as provided in division (C) of this section, no	43288
member of the board shall have, directly or indirectly, any	43289
pecuniary interest in any contract of the board or be employed in	43290
any manner for compensation by the board of which the person is a	43291
member. No contract shall be binding upon any board unless it is	43292
made or authorized at a regular or special meeting of such board.	43293

(C) A member of the board may have a pecuniary interest in a	43294
contract of the board if all of the following apply:	43295

(1) The member's pecuniary interest in that contract is that	43296
the member is employed by a political subdivision,	43297
instrumentality, or agency of the state that is contracting with	43298
the board;	43299

(2) The member does not participate in any discussion or	43300
debate regarding the contract or vote on the contract;	43301

(3) The member files with the school district treasurer an	43302
affidavit stating the member's exact employment status with the	43303
political subdivision, instrumentality, or agency contracting with	43304
the board.	43305

(D) This section does not apply where a member of the board,	43306
being a shareholder of a corporation but not being an officer or	43307
director thereof, owns not in excess of five per cent of the stock	43308
of such corporation. If a stockholder desires to avail self of the	43309
exception, before entering upon such contract such person shall	43310
first file with the treasurer an affidavit stating the	43311
stockholder's exact status and connection with said corporation.	43312

~~This section does not apply where a member of the board~~	43313
~~elects to be covered by a health care plan under section 3313.202~~	43314
~~of the Revised Code.~~	43315

Sec. 3313.372. (A) As used in this section, "energy	43316
conservation measure" means an installation or modification of an	43317
installation in, or remodeling of, a building, to reduce energy	43318
consumption. It includes:	43319

(1) Insulation of the building structure and systems within	43320
the building;	43321

(2) Storm windows and doors, multiglazed windows and doors,	43322
heat absorbing or heat reflective glazed and coated window and	43323
door systems, additional glazing, reductions in glass area, and	43324
other window and door system modifications that reduce energy	43325
consumption;	43326

(3) Automatic energy control systems;

43327

(4) Heating, ventilating, or air conditioning system	43328
modifications or replacements;	43329

(5) Caulking and weatherstripping;

43330

(6) Replacement or modification of lighting fixtures to	43331
increase the energy efficiency of the system without increasing	43332
the overall illumination of a facility, unless such increase in	43333
illumination is necessary to conform to the applicable state or	43334
local building code for the proposed lighting system;	43335

(7) Energy recovery systems;

43336

(8) Cogeneration systems that produce steam or forms of	43337
energy such as heat, as well as electricity, for use primarily	43338
within a building or complex of buildings;	43339

(9) Any other modification, installation, or remodeling	43340
approved by the Ohio school facilities commission as an energy	43341
conservation measure.	43342

(B) A board of education of a city, exempted village, local,	43343
or joint vocational school district may enter into an installment	43344
payment contract for the purchase and installation of energy	43345
conservation measures. The provisions of such installment payment	43346
contracts dealing with interest charges and financing terms shall	43347
not be subject to the competitive bidding requirements of section	43348
3313.46 of the Revised Code, and shall be on the following terms:	43349

(1) Not less than one-fifteenth of the costs thereof shall be	43350
paid within two years from the date of purchase.	43351

(2) The remaining balance of the costs thereof shall be paid	43352
within fifteen years from the date of purchase.	43353

An installment payment contract entered into by a board of	43354
education under this section shall require the board to contract	43355
in accordance with division (A) of section 3313.46 of the Revised	43356
Code for the installation, modification, or remodeling of energy	43357
conservation measures unless division (A) of section 3313.46 of	43358
the Revised Code does not apply pursuant to division (B)(3) of	43359
that section.	43360

(C) The board may issue the notes of the school district	43361
signed by the president and the treasurer of the board and	43362
specifying the terms of the purchase and securing the deferred	43363
payments provided in this section, payable at the times provided	43364
and bearing interest at a rate not exceeding the rate determined	43365
as provided in section 9.95 of the Revised Code. The notes may	43366
contain an option for prepayment and shall not be subject to	43367
Chapter 133. of the Revised Code. In the resolution authorizing	43368
the notes, the board may provide, without the vote of the electors	43369
of the district, for annually levying and collecting taxes in	43370
amounts sufficient to pay the interest on and retire the notes,	43371
except that the total net indebtedness of the district without a	43372
vote of the electors incurred under this and all other sections of	43373
the Revised Code, except section 3318.052 of the Revised Code,	43374
shall not exceed one per cent of the district's tax valuation.	43375
Revenues derived from local taxes or otherwise, for the purpose of	43376
conserving energy or for defraying the current operating expenses	43377
of the district, may be applied to the payment of interest and the	43378
retirement of such notes. The notes may be sold at private sale or	43379
given to the contractor under the installment payment contract	43380
authorized by division (B) of this section.	43381

(D) Debt incurred under this section shall not be included in	43382
the calculation of the net indebtedness of a school district under	43383
section 133.06 of the Revised Code.	43384

(E) No school district board shall enter into an installment	43385
payment contract under division (B) of this section unless it	43386
first obtains a report of the costs of the energy conservation	43387
measures and the savings thereof as described under division (G)	43388
of section 133.06 of the Revised Code as a requirement for issuing	43389
energy securities, makes a finding that the amount spent on such	43390
measures is not likely to exceed the amount of money it would save	43391
in energy costs and resultant operational and maintenance costs as	43392
described in that division, except that that finding shall cover	43393
the ensuing fifteen years, and the Ohio school facilities	43394
commission determines that the district board's findings are	43395
reasonable and approves the contract as described in that	43396
division.	43397

The district board shall monitor the savings and maintain a	43398
report of those savings, which shall be ~~available~~submitted to the	43399
commission in the same manner as required by division (G) of	43400
section 133.06 of the Revised Code in the case of energy	43401
securities.	43402

Sec. 3313.41. (A) Except as provided in divisions (C), (D),	43403
(F), and (G) of this section, when a board of education decides to	43404
dispose of real or personal property that it owns in its corporate	43405
capacity and that exceeds in value ten thousand dollars, it shall	43406
sell the property at public auction, after giving at least thirty	43407
days' notice of the auction by publication in a newspaper of	43408
general circulation in the school district, by publication as	43409
provided in section 7.16 of the Revised Code, or by posting	43410
notices in five of the most public places in the school district	43411
in which the property, if it is real property, is situated, or, if	43412
it is personal property, in the school district of the board of	43413
education that owns the property. The board may offer real	43414
property for sale as an entire tract or in parcels.	43415

(B) When the board of education has offered real or personal	43416
property for sale at public auction at least once pursuant to	43417
division (A) of this section, and the property has not been sold,	43418
the board may sell it at a private sale. Regardless of how it was	43419
offered at public auction, at a private sale, the board shall, as	43420
it considers best, sell real property as an entire tract or in	43421
parcels, and personal property in a single lot or in several lots.	43422

(C) If a board of education decides to dispose of real or	43423
personal property that it owns in its corporate capacity and that	43424
exceeds in value ten thousand dollars, it may sell the property to	43425
the adjutant general; to any subdivision or taxing authority as	43426
respectively defined in divisions (A) and (C) of section 5705.01	43427
of the Revised Code, township park district, board of park	43428
commissioners established under Chapter 755. of the Revised Code,	43429
or park district established under Chapter 1545. of the Revised	43430
Code; to a wholly or partially tax-supported university,	43431
university branch, or college; or to the board of trustees of a	43432
school district library, upon such terms as are agreed upon. The	43433
sale of real or personal property to the board of trustees of a	43434
school district library is limited, in the case of real property,	43435
to a school district library within whose boundaries the real	43436
property is situated, or, in the case of personal property, to a	43437
school district library whose boundaries lie in whole or in part	43438
within the school district of the selling board of education.	43439

(D) When a board of education decides to trade as a part or	43440
an entire consideration, an item of personal property on the	43441
purchase price of an item of similar personal property, it may	43442
trade the same upon such terms as are agreed upon by the parties	43443
to the trade.	43444

(E) The president and the treasurer of the board of education	43445
shall execute and deliver deeds or other necessary instruments of	43446
conveyance to complete any sale or trade under this section.	43447

(F) When a board of education has identified a parcel of real	43448
property that it determines is needed for school purposes, the	43449
board may, upon a majority vote of the members of the board,	43450
acquire that property by exchanging real property that the board	43451
owns in its corporate capacity for the identified real property or	43452
by using real property that the board owns in its corporate	43453
capacity as part or an entire consideration for the purchase price	43454
of the identified real property. Any exchange or acquisition made	43455
pursuant to this division shall be made by a conveyance executed	43456
by the president and the treasurer of the board.	43457

(G)(1) When a school district board of education decides to	43458
dispose of real property ~~suitable for use as classroom space~~,	43459
prior to disposing of that property under divisions (A) to (F) of	43460
this section, it shall first offer that property for sale toby	43461
public auction as described in division (A) of this section. Only	43462
the governing authorities of ~~the start-up~~ community schools	43463
established under Chapter 3314. of the Revised Code ~~located within~~	43464
~~the territory of the school district, at a price that is not~~	43465
~~higher than the appraised fair market value of that property. If~~	43466
~~more than one community school governing authority accepts the~~	43467
~~offer made by the school district board, the board shall sell the~~	43468
~~property to the governing authority that accepted the offer first~~	43469
~~in time~~, operators of community schools, and any persons or	43470
entities that have entered into a lease agreement with a governing	43471
authority or operator of a community school shall be eligible to	43472
bid at the auction. If no community school governing authority	43473
~~accepts the offer within sixty days after the offer is made by the~~	43474
~~school district board~~, operator, or lessor or leasing entity	43475
offers a bid to purchase the property, the board may dispose of	43476
the property in the applicable manner prescribed under divisions	43477
(A) to (F) of this section.	43478

(2) When a school district board of education has not used	43479
real property ~~suitable for classroom space for academic~~	43480
~~instruction, administration, storage, or any other educational~~	43481
~~purpose~~ for one full school year ~~and has not adopted a resolution~~	43482
~~outlining a plan for using that property for any of those purposes~~	43483
~~within the next three school years~~, it immediately shall offer	43484
that property for sale toby public auction as described in	43485
division (A) of this section. Only the governing authorities of	43486
~~the start-up~~ community schools established under Chapter 3314. of	43487
the Revised Code ~~located within the territory of the school~~	43488
~~district, at a price that is not higher than the appraised fair~~	43489
~~market value of that property. If more than one community school~~	43490
~~governing authority accepts the offer made by the school district~~	43491
~~board, the board shall sell the property to the governing~~	43492
~~authority that accepted the offer first in time~~, operators of	43493
community schools, and any persons or entities that have entered	43494
into a lease agreement with a governing authority or operator of a	43495
community school shall be eligible to bid at the auction. If no	43496
governing authority, operator, or lessor or leasing entity offers	43497
a bid to purchase property, the board may dispose of property in	43498
the applicable manner under divisions (A) to (F) of this section.	43499

(H) When a school district board of education has property	43500
that the board, by resolution, finds is not needed for school	43501
district use, is obsolete, or is unfit for the use for which it	43502
was acquired, the board may donate that property in accordance	43503
with this division if the fair market value of the property is, in	43504
the opinion of the board, two thousand five hundred dollars or	43505
less.	43506

The board shall first offer the property to the governing	43507
authorities and operators of community schools established under	43508
Chapter 3314. of the Revised Code located within the territory of	43509
the school district. If no community school governing authority or	43510
operator accepts the donation, the property may be donated to an	43511
eligible nonprofit organization that is located in this state and	43512
is exempt from federal income taxation pursuant to 26 U.S.C.	43513
501(a) and (c)(3). Before donating any property under this	43514
division, the board shall adopt a resolution expressing its intent	43515
to make unneeded, obsolete, or unfit-for-use school district	43516
property available to these organizations. The resolution shall	43517
include guidelines and procedures the board considers to be	43518
necessary to implement the donation program and shall indicate	43519
whether the school district will conduct the donation program or	43520
the board will contract with a representative to conduct it. If a	43521
representative is known when the resolution is adopted, the	43522
resolution shall provide contact information such as the	43523
representative's name, address, and telephone number.	43524

The resolution shall include within its procedures a	43525
requirement that any nonprofit organization desiring to obtain	43526
donated property under this division shall submit a written notice	43527
to the board or its representative. The written notice shall	43528
include evidence that the organization is a nonprofit organization	43529
that is located in this state and is exempt from federal income	43530
taxation pursuant to 26 U.S.C. 501(a) and (c)(3); a description of	43531
the organization's primary purpose; a description of the type or	43532
types of property the organization needs; and the name, address,	43533
and telephone number of a person designated by the organization's	43534
governing board to receive donated property and to serve as its	43535
agent.	43536

After adoption of the resolution, the board shall publish, in	43537
a newspaper of general circulation in the school district or as	43538
provided in section 7.16 of the Revised Code, notice of its intent	43539
to donate unneeded, obsolete, or unfit-for-use school district	43540
property to eligible nonprofit organizations. The notice shall	43541
include a summary of the information provided in the resolution	43542
and shall be published ~~at least~~ twice. The second ~~and any~~	43543
~~subsequent~~ notice shall be published not less than ten nor more	43544
than twenty days after the previous notice. A similar notice also	43545
shall be posted continually in the board's office~~, and, if~~. If the	43546
school district maintains a web site on the internet, the notice	43547
shall be posted continually at that web site.	43548

The board or its representatives shall maintain a list of all	43549
nonprofit organizations that notify the board or its	43550
representative of their desire to obtain donated property under	43551
this division and that the board or its representative determines	43552
to be eligible, in accordance with the requirements set forth in	43553
this section and in the donation program's guidelines and	43554
procedures, to receive donated property.	43555

The board or its representative also shall maintain a list of	43556
all school district property the board finds to be unneeded,	43557
obsolete, or unfit for use and to be available for donation under	43558
this division. The list shall be posted continually in a	43559
conspicuous location in the board's office, and, if the school	43560
district maintains a web site on the internet, the list shall be	43561
posted continually at that web site. An item of property on the	43562
list shall be donated to the eligible nonprofit organization that	43563
first declares to the board or its representative its desire to	43564
obtain the item unless the board previously has established, by	43565
resolution, a list of eligible nonprofit organizations that shall	43566
be given priority with respect to the item's donation. Priority	43567
may be given on the basis that the purposes of a nonprofit	43568
organization have a direct relationship to specific school	43569
district purposes of programs provided or administered by the	43570
board. A resolution giving priority to certain nonprofit	43571
organizations with respect to the donation of an item of property	43572
shall specify the reasons why the organizations are given that	43573
priority.	43574

Members of the board shall consult with the Ohio ethics	43575
commission, and comply with Chapters 102. and 2921. of the Revised	43576
Code, with respect to any donation under this division to a	43577
nonprofit organization of which a board member, any member of a	43578
board member's family, or any business associate of a board member	43579
is a trustee, officer, board member, or employee.	43580

Any community school, or its governing authority or operator,	43581
or person or entity that has entered into a lease agreement with a	43582
governing authority or operator of a community school may bring	43583
civil action in the court of common pleas for the county in which	43584
the subject real property is located to enforce the provisions of	43585
division (G) or (H) of this section.	43586

Sec. 3313.411. (A) On or after the effective date of this	43587
section, when a school district board of education decides to	43588
lease to another entity, on a basis of not less than one school	43589
year at a time, real property that it owns in its corporate	43590
capacity and that is suitable for use as classroom space or for	43591
other educational purposes, the board shall first offer to lease	43592
that property to the governing authorities of the community	43593
schools, established under Chapter 3314. of the Revised Code,	43594
located within the territory of the school district. The lease	43595
price offered by the district board shall not be higher than the	43596
fair market value for such a leasehold. If more than one community	43597
school governing authority accepts the offer to lease that	43598
property, the district board shall lease the property to the	43599
governing authority that accepted the offer first in time, except	43600
that any conversion community school sponsored by the school	43601
district shall have highest priority for the leasehold. If no	43602
community school governing authority accepts the offer to lease	43603
the property within sixty days after the offer is made, the	43604
district board may offer the property for lease to any other	43605
entity.	43606

(B) Notwithstanding division (A) of this section, a school	43607
district board may renew any agreement it originally entered into	43608
prior to the effective date of this section to lease real property	43609
to an entity other than a community school. Nothing in this	43610
section shall affect the leasehold arrangements between the	43611
district board and that other entity.	43612

Sec. 3313.46. (A) In addition to any other law governing the	43613
bidding for contracts by the board of education of any school	43614
district, when any such board determines to build, repair,	43615
enlarge, improve, or demolish any school building, the cost of	43616
which will exceed twenty-five thousand dollars, except in cases of	43617
urgent necessity, or for the security and protection of school	43618
property, and except as otherwise provided in division (D) of	43619
section 713.23 and in section 125.04 of the Revised Code, all of	43620
the following shall apply:	43621

(1) The board shall cause to be prepared the plans,	43622
specifications, and related information as required in divisions	43623
(A)~~, (B)~~(1), (2), and ~~(D)~~(3) of section 153.01 of the Revised Code	43624
unless the board determines that other information is sufficient	43625
to inform any bidders of the board's requirements. However, if the	43626
board determines that such other information is sufficient for	43627
bidding a project, the board shall not engage in the construction	43628
of any such project involving the practice of professional	43629
engineering, professional surveying, or architecture, for which	43630
plans, specifications, and estimates have not been made by, and	43631
the construction thereof inspected by, a licensed professional	43632
engineer, licensed professional surveyor, or registered architect.	43633

(2) The board shall advertise for bids once each week for a	43634
period of not less than two consecutive weeks, or as provided in	43635
section 7.16 of the Revised Code, in a newspaper of general	43636
circulation in the district before the date specified by the board	43637
for receiving bids. The board may also cause notice to be inserted	43638
in trade papers or other publications designated by it or to be	43639
distributed by electronic means, including posting the notice on	43640
the board's internet web site. If the board posts the notice on	43641
its web site, it may eliminate the second notice otherwise	43642
required to be published in a newspaper of general circulation	43643
within the school district, provided that the first notice	43644
published in such newspaper meets all of the following	43645
requirements:	43646

(a) It is published at least two weeks before the opening of	43647
bids.	43648

(b) It includes a statement that the notice is posted on the	43649
board of education's internet web site.	43650

(c) It includes the internet address of the board's internet	43651
web site.	43652

(d) It includes instructions describing how the notice may be	43653
accessed on the board's internet web site.	43654

(3) Unless the board extends the time for the opening of bids	43655
they shall be opened at the time and place specified by the board	43656
in the advertisement for the bids.	43657

(4) Each bid shall contain the name of every person	43658
interested therein. Each bid shall meet the requirements of	43659
section 153.54 of the Revised Code.	43660

(5) When both labor and materials are embraced in the work	43661
bid for, the board may require that each be separately stated in	43662
the bid, with the price thereof, or may require that bids be	43663
submitted without such separation.	43664

(6) None but the lowest responsible bid shall be accepted.	43665
The board may reject all the bids, or accept any bid for both	43666
labor and material for such improvement or repair, which is the	43667
lowest in the aggregate. In all other respects, the award of	43668
contracts for improvement or repair, but not for purchases made	43669
under section 3327.08 of the Revised Code, shall be pursuant to	43670
section 153.12 of the Revised Code.	43671

(7) The contract shall be between the board and the bidders.	43672
The board shall pay the contract price for the work pursuant to	43673
sections 153.13 and 153.14 of the Revised Code. The board shall	43674
approve and retain the estimates referred to in section 153.13 of	43675
the Revised Code and make them available to the auditor of state	43676
upon request.	43677

(8) When two or more bids are equal, in the whole, or in any	43678
part thereof, and are lower than any others, either may be	43679
accepted, but in no case shall the work be divided between such	43680
bidders.	43681

(9) When there is reason to believe there is collusion or	43682
combination among the bidders, or any number of them, the bids of	43683
those concerned therein shall be rejected.	43684

(B) Division (A) of this section does not apply to the board	43685
of education of any school district in any of the following	43686
situations:	43687

(1) The acquisition of educational materials used in	43688
teaching.	43689

(2) If the board determines and declares by resolution	43690
adopted by two-thirds of all its members that any item is	43691
available and can be acquired only from a single source.	43692

(3) If the board declares by resolution adopted by two-thirds	43693
of all its members that division (A) of this section does not	43694
apply to any installation, modification, or remodeling involved in	43695
any energy conservation measure undertaken through an installment	43696
payment contract under section 3313.372 of the Revised Code or	43697
undertaken pursuant to division (G) of section 133.06 of the	43698
Revised Code.	43699

(4) The acquisition of computer software for instructional	43700
purposes and computer hardware for instructional purposes pursuant	43701
to division (B)(4) of section 3313.37 of the Revised Code.	43702

(C) No resolution adopted pursuant to division (B)(2) or (3)	43703
of this section shall have any effect on whether sections 153.12	43704
to 153.14 and 153.54 of the Revised Code apply to the board of	43705
education of any school district with regard to any item.	43706

~~Sec. 3314.20.~~ Sec. 3313.473. This section does not apply to any	43707
school district declared to be excellent or effective pursuant to	43708
division (B)(1) or (2) of section 3302.03 of the Revised Code.	43709

(A) The state board of education shall adopt rules requiring	43710
school districts with a total student count of over five thousand,	43711
as determined pursuant to section 3317.03 of the Revised Code, to	43712
designate one school building to be operated by a site-based	43713
management council. The rules shall specify the composition of the	43714
council and the manner in which members of the council are to be	43715
selected and removed.	43716

(B) The rules adopted under division (A) of this section	43717
shall specify those powers, duties, functions, and	43718
responsibilities that shall be vested in the management council	43719
and that would otherwise be exercised by the district board of	43720
education. The rules shall also establish a mechanism for	43721
resolving any differences between the council and the district	43722
board if there is disagreement as to their respective powers,	43723
duties, functions, and responsibilities.	43724

(C) The board of education of any school district described	43725
by division (A) of this section may, in lieu of complying with the	43726
rules adopted under this section, file with the department of	43727
education an alternative structure for a district site-based	43728
management program in at least one of its school buildings. The	43729
proposal shall specify the composition of the council, which shall	43730
include an equal number of parents and teachers and the building	43731
principal, and the method of selection and removal of the council	43732
members. The proposal shall also clearly delineate the respective	43733
powers, duties, functions, and responsibilities of the district	43734
board and the council. The district's proposal shall comply	43735
substantially with the rules adopted under division (A) of this	43736
section.	43737

Sec. 3313.482. (A) Annually, prior to the first day of	43738
September, the board of education of each city, local, and	43739
exempted village school district shall adopt a resolution	43740
specifying a contingency plan under which the district's students	43741
will make up days on which it was necessary to close schools for	43742
any of the reasons specified in ~~division (A)(2) of section 3306.01~~	43743
~~and~~ division (B) of section 3317.01 of the Revised Code, if any	43744
such days must be made up in order to comply with the requirements	43745
of sections ~~3306.01,~~ 3313.48, 3313.481, and 3317.01 of the Revised	43746
Code. The plan shall provide for making up at least five school	43747
days. The plan may provide for making up some or all of the days a	43748
school is closed by increasing the length of other school days in	43749
the manner authorized in division (B) of this section. No	43750
resolution adopted pursuant to this division shall conflict with	43751
any collective bargaining agreement into which a board has entered	43752
pursuant to Chapter 4117. of the Revised Code and that is in	43753
effect in the district.	43754

(B) Notwithstanding anything to the contrary in the	43755
contingency plan it adopts under division (A) of this section, if	43756
a school district closes or evacuates any school building for any	43757
of the reasons specified in ~~division (A)(2) of section 3306.01 and~~	43758
division (B) of section 3317.01 of the Revised Code, or as a	43759
result of a bomb threat or any other report of an alleged or	43760
impending explosion, and if, as a result of the closing or	43761
evacuation, the school district would be unable to meet the	43762
requirements of sections ~~3306.01,~~ 3313.48, 3313.481, and 3317.01	43763
of the Revised Code regarding the number of days schools must be	43764
open for instruction or the requirements of the state minimum	43765
standards for the school day that are established by the	43766
department of education regarding the number of hours there must	43767
be in the school day, the school district may increase the length	43768
of one or more other school days for the school that was closed or	43769
evacuated, in increments of one-half hour, to make up the number	43770
of hours or days that the school building in question was so	43771
closed or evacuated for the purpose of satisfying the requirements	43772
of those sections.	43773

A school district that makes up, as described in this	43774
division, all of the hours or days that its school buildings were	43775
closed or evacuated for any of the reasons identified in this	43776
division shall be deemed to have complied with the requirements of	43777
sections ~~3306.01,~~ 3313.48, 3313.481, and 3317.01 of the Revised	43778
Code regarding the number of days schools must be open for	43779
instruction and the requirements of the state minimum standards	43780
regarding the number of hours there must be in the school day.	43781

Sec. 3313.533. (A) The board of education of a city,	43782
exempted village, or local school district may adopt a resolution	43783
to establish and maintain an alternative school in accordance with	43784
this section. The resolution shall specify, but not necessarily be	43785
limited to, all of the following:	43786

(1) The purpose of the school, which purpose shall be to	43787
serve students who are on suspension, who are having truancy	43788
problems, who are experiencing academic failure, who have a	43789
history of class disruption, who are exhibiting other academic or	43790
behavioral problems specified in the resolution, or who have been	43791
discharged or released from the custody of the department of youth	43792
services under section 5139.51 of the Revised Code;	43793

(2) The grades served by the school, which may include any of	43794
grades kindergarten through twelve;	43795

(3) A requirement that the school be operated in accordance	43796
with this section. The board of education adopting the resolution	43797
under division (A) of this section shall be the governing board of	43798
the alternative school. The board shall develop and implement a	43799
plan for the school in accordance with the resolution establishing	43800
the school and in accordance with this section. Each plan shall	43801
include, but not necessarily be limited to, all of the following:	43802

(a) Specification of the reasons for which students will be	43803
accepted for assignment to the school and any criteria for	43804
admission that are to be used by the board to approve or	43805
disapprove the assignment of students to the school;	43806

(b) Specification of the criteria and procedures that will be	43807
used for returning students who have been assigned to the school	43808
back to the regular education program of the district;	43809

(c) An evaluation plan for assessing the effectiveness of the	43810
school and its educational program and reporting the results of	43811
the evaluation to the public.	43812

(B) Notwithstanding any provision of Title XXXIII of the	43813
Revised Code to the contrary, the alternative school plan may	43814
include any of the following:	43815

(1) A requirement that on each school day students must	43816
attend school or participate in other programs specified in the	43817
plan or by the chief administrative officer of the school for a	43818
period equal to the minimum school day set by the state board of	43819
education under section 3313.48 of the Revised Code plus any	43820
additional time required in the plan or by the chief	43821
administrative officer;	43822

(2) Restrictions on student participation in extracurricular	43823
or interscholastic activities;	43824

(3) A requirement that students wear uniforms prescribed by	43825
the district board of education.	43826

(C) In accordance with the alternative school plan, the	43827
district board of education may employ teachers and nonteaching	43828
employees necessary to carry out its duties and fulfill its	43829
responsibilities or may contract with a nonprofit or for profit	43830
entity to operate the alternative school, including the provision	43831
of personnel, supplies, equipment, or facilities.	43832

(D) An alternative school may be established in all or part	43833
of a school building.	43834

(E) If a district board of education elects under this	43835
section, or is required by section 3313.534 of the Revised Code,	43836
to establish an alternative school, the district board may join	43837
with the board of education of one or more other districts to form	43838
a joint alternative school by forming a cooperative education	43839
school district under section 3311.52 or 3311.521 of the Revised	43840
Code, or a joint educational program under section 3313.842 of the	43841
Revised Code. The authority to employ personnel or to contract	43842
with a nonprofit or for profit entity under division (C) of this	43843
section applies to any alternative school program established	43844
under this division.	43845

(F) Any individual employed as a teacher at an alternative	43846
school operated by a nonprofit or for profit entity under this	43847
section shall be licensed and shall be subject to background	43848
checks, as described in section 3319.39 of the Revised Code, in	43849
the same manner as an individual employed by a school district.	43850

(G) Division (G) of this section applies only to any	43851
alternative school that is operated by a nonprofit or for profit	43852
entity under contract with the school district.	43853

(1) In addition to the specifications authorized under	43854
division (B) of this section, any plan adopted under that division	43855
for an alternative school to which division (G) of this section	43856
also applies shall include the following:	43857

(a) A description of the educational program provided at the	43858
alternative school, which shall include:	43859

(i) Provisions for the school to be configured in clusters or	43860
small learning communities;	43861

(ii) Provisions for the incorporation of education technology	43862
into the curriculum;	43863

(iii) Provisions for accelerated learning programs in reading	43864
and mathematics.	43865

(b) A method to determine the reading and mathematics level	43866
of each student assigned to the alternative school and a method to	43867
continuously monitor each student's progress in those areas. The	43868
methods employed under this division shall be aligned with the	43869
curriculum adopted by the school district board of education under	43870
section 3313.60 of the Revised Code.	43871

(c) A plan for social services to be provided at the	43872
alternative school, such as, but not limited to, counseling	43873
services, psychological support services, and enrichment programs;	43874

(d) A plan for a student's transition from the alternative	43875
school back to a school operated by the school district;	43876

(e) A requirement that the alternative school maintain	43877
financial records in a manner that is compatible with the form	43878
prescribed for school districts by the auditor of state to enable	43879
the district to comply with any rules adopted by the auditor of	43880
state.	43881

(2) Notwithstanding division (A)(2) of this section, any	43882
alternative school to which division (G) of this section applies	43883
shall include only grades six through twelve.	43884

(3) Notwithstanding anything in division (A)(3)(a) of this	43885
section to the contrary, the characteristics of students who may	43886
be assigned to an alternative school to which division (G) of this	43887
section applies shall include only disruptive and low-performing	43888
students.	43889

(H) When any district board of education determines to	43890
contract with a nonprofit or for profit entity to operate an	43891
alternative school under this section, the board shall use the	43892
procedure set forth in this division.	43893

(1) The board shall publish notice of a request for proposals	43894
in a newspaper of general circulation in the district once each	43895
week for a period of ~~at least~~ two consecutive weeks, or as	43896
provided in section 7.16 of the Revised Code, prior to the date	43897
specified by the board for receiving proposals. Notices of	43898
requests for proposals shall contain a general description of the	43899
subject of the proposed contract and the location where the	43900
request for proposals may be obtained. The request for proposals	43901
shall include all of the following information:	43902

(a) Instructions and information to respondents concerning	43903
the submission of proposals, including the name and address of the	43904
office where proposals are to be submitted;	43905

(b) Instructions regarding communications, including at least	43906
the names, titles, and telephone numbers of persons to whom	43907
questions concerning a proposal may be directed;	43908

(c) A description of the performance criteria that will be	43909
used to evaluate whether a respondent to which a contract is	43910
awarded is meeting the district's educational standards or the	43911
method by which such performance criteria will be determined;	43912

(d) Factors and criteria to be considered in evaluating	43913
proposals, the relative importance of each factor or criterion,	43914
and a description of the evaluation procedures to be followed;	43915

(e) Any terms or conditions of the proposed contract,	43916
including any requirement for a bond and the amount of such bond;	43917

(f) Documents that may be incorporated by reference into the	43918
request for proposals, provided that the request for proposals	43919
specifies where such documents may be obtained and that such	43920
documents are readily available to all interested parties.	43921

(2) After the date specified for receiving proposals, the	43922
board shall evaluate the submitted proposals and may hold	43923
discussions with any respondent to ensure a complete understanding	43924
of the proposal and the qualifications of such respondent to	43925
execute the proposed contract. Such qualifications shall include,	43926
but are not limited to, all of the following:	43927

(a) Demonstrated competence in performance of the required	43928
services as indicated by effective implementation of educational	43929
programs in reading and mathematics and at least three years of	43930
experience successfully serving a student population similar to	43931
the student population assigned to the alternative school;	43932

(b) Demonstrated performance in the areas of cost	43933
containment, the provision of educational services of a high	43934
quality, and any other areas determined by the board;	43935

(c) Whether the respondent has the resources to undertake the	43936
operation of the alternative school and to provide qualified	43937
personnel to staff the school;	43938

(d) Financial responsibility.

43939

(3) The board shall select for further review at least three	43940
proposals from respondents the board considers qualified to	43941
operate the alternative school in the best interests of the	43942
students and the district. If fewer than three proposals are	43943
submitted, the board shall select each proposal submitted. The	43944
board may cancel a request for proposals or reject all proposals	43945
at any time prior to the execution of a contract.	43946

The board may hold discussions with any of the three selected	43947
respondents to clarify or revise the provisions of a proposal or	43948
the proposed contract to ensure complete understanding between the	43949
board and the respondent of the terms under which a contract will	43950
be entered. Respondents shall be accorded fair and equal treatment	43951
with respect to any opportunity for discussion regarding	43952
clarifications or revisions. The board may terminate or	43953
discontinue any further discussion with a respondent upon written	43954
notice.	43955

(4) Upon further review of the three proposals selected by	43956
the board, the board shall award a contract to the respondent the	43957
board considers to have the most merit, taking into consideration	43958
the scope, complexity, and nature of the services to be performed	43959
by the respondent under the contract.	43960

(5) Except as provided in division (H)(6) of this section,	43961
the request for proposals, submitted proposals, and related	43962
documents shall become public records under section 149.43 of the	43963
Revised Code after the award of the contract.	43964

(6) Any respondent may request in writing that the board not	43965
disclose confidential or proprietary information or trade secrets	43966
contained in the proposal submitted by the respondent to the	43967
board. Any such request shall be accompanied by an offer of	43968
indemnification from the respondent to the board. The board shall	43969
determine whether to agree to the request and shall inform the	43970
respondent in writing of its decision. If the board agrees to	43971
nondisclosure of specified information in a proposal, such	43972
information shall not become a public record under section 149.43	43973
of the Revised Code. If the respondent withdraws its proposal at	43974
any time prior to the execution of a contract, the proposal shall	43975
not be a public record under section 149.43 of the Revised Code.	43976

(I) Upon a recommendation from the department and in	43977
accordance with section 3301.16 of the Revised Code, the state	43978
board of education may revoke the charter of any alternative	43979
school operated by a school district that violates this section.	43980

Sec. 3313.55. The board of education of any school district	43981
in which is located a state, district, county, or municipal	43982
hospital for children with epilepsy or any public institution,	43983
except state institutions for the care and treatment of	43984
delinquent, unstable, or socially maladjusted children, shall make	43985
provision for the education of all educable children therein;	43986
except that in the event another school district within the same	43987
county or an adjoining county is the source of sixty per cent or	43988
more of the children in said hospital or institution, the board of	43989
that school district shall make provision for the education of all	43990
the children therein. In any case in which a board provides	43991
educational facilities under this section, the board that provides	43992
the facilities shall be entitled to all moneys authorized for the	43993
attendance of pupils as provided in Chapter ~~3306. or~~ 3317. of the	43994
Revised Code, tuition as provided in section 3317.08 of the	43995
Revised Code, and such additional compensation as is provided for	43996
crippled children in sections 3323.01 to 3323.12 of the Revised	43997
Code. Any board that provides the educational facilities for	43998
children in county or municipal institutions established for the	43999
care and treatment of children who are delinquent, unstable, or	44000
socially maladjusted shall not be entitled to any moneys provided	44001
for crippled children in sections 3323.01 to 3323.12 of the	44002
Revised Code.	44003

Sec. 3313.603. (A) As used in this section:

44004

(1) "One unit" means a minimum of one hundred twenty hours of	44005
course instruction, except that for a laboratory course, "one	44006
unit" means a minimum of one hundred fifty hours of course	44007
instruction.	44008

(2) "One-half unit" means a minimum of sixty hours of course	44009
instruction, except that for physical education courses, "one-half	44010
unit" means a minimum of one hundred twenty hours of course	44011
instruction.	44012

(B) Beginning September 15, 2001, except as required in	44013
division (C) of this section and division (C) of section 3313.614	44014
of the Revised Code, the requirements for graduation from every	44015
high school shall include twenty units earned in grades nine	44016
through twelve and shall be distributed as follows:	44017

(1) English language arts, four units;

44018

(2) Health, one-half unit;

44019

(3) Mathematics, three units;

44020

(4) Physical education, one-half unit;

44021

(5) Science, two units until September 15, 2003, and three	44022
units thereafter, which at all times shall include both of the	44023
following:	44024

(a) Biological sciences, one unit;

44025

(b) Physical sciences, one unit.

44026

(6) Social studies, three units, which shall include both of	44027
the following:	44028

(a) American history, one-half unit;

44029

(b) American government, one-half unit.

44030

(7) Elective units, seven units until September 15, 2003, and	44031
six units thereafter.	44032

Each student's electives shall include at least one unit, or	44033
two half units, chosen from among the areas of	44034
business/technology, fine arts, and/or foreign language.	44035

(C) Beginning with students who enter ninth grade for the	44036
first time on or after July 1, 2010, except as provided in	44037
divisions (D) to (F) of this section, the requirements for	44038
graduation from every public and chartered nonpublic high school	44039
shall include twenty units that are designed to prepare students	44040
for the workforce and college. The units shall be distributed as	44041
follows:	44042

(1) English language arts, four units;

44043

(2) Health, one-half unit, which shall include instruction in	44044
nutrition and the benefits of nutritious foods and physical	44045
activity for overall health;	44046

(3) Mathematics, four units, which shall include one unit of	44047
algebra II or the equivalent of algebra II;	44048

(4) Physical education, one-half unit;

44049

(5) Science, three units with inquiry-based laboratory	44050
experience that engages students in asking valid scientific	44051
questions and gathering and analyzing information, which shall	44052
include the following, or their equivalent:	44053

(a) Physical sciences, one unit;

44054

(b) Life sciences, one unit;

44055

(c) Advanced study in one or more of the following sciences,	44056
one unit:	44057

(i) Chemistry, physics, or other physical science;

44058

(ii) Advanced biology or other life science;

44059

(iii) Astronomy, physical geology, or other earth or space	44060
science.	44061

(6) Social studies, three units, which shall include both of	44062
the following:	44063

(a) American history, one-half unit;

44064

(b) American government, one-half unit.

44065

Each school shall integrate the study of economics and	44066
financial literacy, as expressed in the social studies academic	44067
content standards adopted by the state board of education under	44068
division (A)(1) of section 3301.079 of the Revised Code and the	44069
academic content standards for financial literacy and	44070
entrepreneurship adopted under division (A)(2) of that section,	44071
into one or more existing social studies credits required under	44072
division (C)(6) of this section, or into the content of another	44073
class, so that every high school student receives instruction in	44074
those concepts. In developing the curriculum required by this	44075
paragraph, schools shall use available public-private partnerships	44076
and resources and materials that exist in business, industry, and	44077
through the centers for economics education at institutions of	44078
higher education in the state.	44079

(7) Five units consisting of one or any combination of	44080
foreign language, fine arts, business, career-technical education,	44081
family and consumer sciences, technology, agricultural education,	44082
a junior reserve officer training corps (JROTC) program approved	44083
by the congress of the United States under title 10 of the United	44084
States Code, or English language arts, mathematics, science, or	44085
social studies courses not otherwise required under division (C)	44086
of this section.	44087

Ohioans must be prepared to apply increased knowledge and	44088
skills in the workplace and to adapt their knowledge and skills	44089
quickly to meet the rapidly changing conditions of the	44090
twenty-first century. National studies indicate that all high	44091
school graduates need the same academic foundation, regardless of	44092
the opportunities they pursue after graduation. The goal of Ohio's	44093
system of elementary and secondary education is to prepare all	44094
students for and seamlessly connect all students to success in	44095
life beyond high school graduation, regardless of whether the next	44096
step is entering the workforce, beginning an apprenticeship,	44097
engaging in post-secondary training, serving in the military, or	44098
pursuing a college degree.	44099

The Ohio core curriculum is the standard expectation for all	44100
students entering ninth grade for the first time at a public or	44101
chartered nonpublic high school on or after July 1, 2010. A	44102
student may satisfy this expectation through a variety of methods,	44103
including, but not limited to, integrated, applied,	44104
career-technical, and traditional coursework.	44105

Whereas teacher quality is essential for student success in	44106
completing the Ohio core curriculum, the general assembly shall	44107
appropriate funds for strategic initiatives designed to strengthen	44108
schools' capacities to hire and retain highly qualified teachers	44109
in the subject areas required by the curriculum. Such initiatives	44110
are expected to require an investment of $120,000,000 over five	44111
years.	44112

Stronger coordination between high schools and institutions	44113
of higher education is necessary to prepare students for more	44114
challenging academic endeavors and to lessen the need for academic	44115
remediation in college, thereby reducing the costs of higher	44116
education for Ohio's students, families, and the state. The state	44117
board and the chancellor of the Ohio board of regents shall	44118
develop policies to ensure that only in rare instances will	44119
students who complete the Ohio core curriculum require academic	44120
remediation after high school.	44121

School districts, community schools, and chartered nonpublic	44122
schools shall integrate technology into learning experiences	44123
~~whenever practicable~~ across the curriculum in order to maximize	44124
efficiency, enhance learning, and prepare students for success in	44125
the technology-driven twenty-first century. Districts and schools	44126
~~may~~shall use distance and web-based course delivery as a method	44127
of providing or augmenting all instruction required under this	44128
division, including laboratory experience in science. Districts	44129
and schools shall ~~whenever practicable~~ utilize technology access	44130
and electronic learning opportunities provided by the eTech Ohio	44131
commission, the Ohio learning network, education technology	44132
centers, public television stations, and other public and private	44133
providers.	44134

(D) Except as provided in division (E) of this section, a	44135
student who enters ninth grade on or after July 1, 2010, and	44136
before July 1, 2014, may qualify for graduation from a public or	44137
chartered nonpublic high school even though the student has not	44138
completed the Ohio core curriculum prescribed in division (C) of	44139
this section if all of the following conditions are satisfied:	44140

(1) After the student has attended high school for two years,	44141
as determined by the school, the student and the student's parent,	44142
guardian, or custodian sign and file with the school a written	44143
statement asserting the parent's, guardian's, or custodian's	44144
consent to the student's graduating without completing the Ohio	44145
core curriculum and acknowledging that one consequence of not	44146
completing the Ohio core curriculum is ineligibility to enroll in	44147
most state universities in Ohio without further coursework.	44148

(2) The student and parent, guardian, or custodian fulfill	44149
any procedural requirements the school stipulates to ensure the	44150
student's and parent's, guardian's, or custodian's informed	44151
consent and to facilitate orderly filing of statements under	44152
division (D)(1) of this section.	44153

(3) The student and the student's parent, guardian, or	44154
custodian and a representative of the student's high school	44155
jointly develop an individual career plan for the student that	44156
specifies the student matriculating to a two-year degree program,	44157
acquiring a business and industry credential, or entering an	44158
apprenticeship.	44159

(4) The student's high school provides counseling and support	44160
for the student related to the plan developed under division	44161
(D)(3) of this section during the remainder of the student's high	44162
school experience.	44163

(5) The student successfully completes, at a minimum, the	44164
curriculum prescribed in division (B) of this section.	44165

The department of education, in collaboration with the	44166
chancellor, shall analyze student performance data to determine if	44167
there are mitigating factors that warrant extending the exception	44168
permitted by division (D) of this section to high school classes	44169
beyond those entering ninth grade before July 1, 2014. The	44170
department shall submit its findings and any recommendations not	44171
later than August 1, 2014, to the speaker and minority leader of	44172
the house of representatives, the president and minority leader of	44173
the senate, the chairpersons and ranking minority members of the	44174
standing committees of the house of representatives and the senate	44175
that consider education legislation, the state board of education,	44176
and the superintendent of public instruction.	44177

(E) Each school district and chartered nonpublic school	44178
retains the authority to require an even more rigorous minimum	44179
curriculum for high school graduation than specified in division	44180
(B) or (C) of this section. A school district board of education,	44181
through the adoption of a resolution, or the governing authority	44182
of a chartered nonpublic school may stipulate any of the	44183
following:	44184

(1) A minimum high school curriculum that requires more than	44185
twenty units of academic credit to graduate;	44186

(2) An exception to the district's or school's minimum high	44187
school curriculum that is comparable to the exception provided in	44188
division (D) of this section but with additional requirements,	44189
which may include a requirement that the student successfully	44190
complete more than the minimum curriculum prescribed in division	44191
(B) of this section;	44192

(3) That no exception comparable to that provided in division	44193
(D) of this section is available.	44194

(F) A student enrolled in a dropout prevention and recovery	44195
program, which program has received a waiver from the department,	44196
may qualify for graduation from high school by successfully	44197
completing a competency-based instructional program administered	44198
by the dropout prevention and recovery program in lieu of	44199
completing the Ohio core curriculum prescribed in division (C) of	44200
this section. The department shall grant a waiver to a dropout	44201
prevention and recovery program, within sixty days after the	44202
program applies for the waiver, if the program meets all of the	44203
following conditions:	44204

(1) The program serves only students not younger than sixteen	44205
years of age and not older than twenty-one years of age.	44206

(2) The program enrolls students who, at the time of their	44207
initial enrollment, either, or both, are at least one grade level	44208
behind their cohort age groups or experience crises that	44209
significantly interfere with their academic progress such that	44210
they are prevented from continuing their traditional programs.	44211

(3) The program requires students to attain at least the	44212
applicable score designated for each of the assessments prescribed	44213
under division (B)(1) of section 3301.0710 of the Revised Code or,	44214
to the extent prescribed by rule of the state board under division	44215
~~(E)~~(D)(6) of section 3301.0712 of the Revised Code, division	44216
(B)(2) of that section.	44217

(4) The program develops an individual career plan for the	44218
student that specifies the student's matriculating to a two-year	44219
degree program, acquiring a business and industry credential, or	44220
entering an apprenticeship.	44221

(5) The program provides counseling and support for the	44222
student related to the plan developed under division (F)(4) of	44223
this section during the remainder of the student's high school	44224
experience.	44225

(6) The program requires the student and the student's	44226
parent, guardian, or custodian to sign and file, in accordance	44227
with procedural requirements stipulated by the program, a written	44228
statement asserting the parent's, guardian's, or custodian's	44229
consent to the student's graduating without completing the Ohio	44230
core curriculum and acknowledging that one consequence of not	44231
completing the Ohio core curriculum is ineligibility to enroll in	44232
most state universities in Ohio without further coursework.	44233

(7) Prior to receiving the waiver, the program has submitted	44234
to the department an instructional plan that demonstrates how the	44235
academic content standards adopted by the state board under	44236
section 3301.079 of the Revised Code will be taught and assessed.	44237

If the department does not act either to grant the waiver or	44238
to reject the program application for the waiver within sixty days	44239
as required under this section, the waiver shall be considered to	44240
be granted.	44241

(G) Every high school may permit students below the ninth	44242
grade to take advanced work. If a high school so permits, it shall	44243
award high school credit for successful completion of the advanced	44244
work and shall count such advanced work toward the graduation	44245
requirements of division (B) or (C) of this section if the	44246
advanced work was both:	44247

(1) Taught by a person who possesses a license or certificate	44248
issued under section 3301.071, 3319.22, or 3319.222 of the Revised	44249
Code that is valid for teaching high school;	44250

(2) Designated by the board of education of the city, local,	44251
or exempted village school district, the board of the cooperative	44252
education school district, or the governing authority of the	44253
chartered nonpublic school as meeting the high school curriculum	44254
requirements.	44255

Each high school shall record on the student's high school	44256
transcript all high school credit awarded under division (G) of	44257
this section. In addition, if the student completed a seventh- or	44258
eighth-grade fine arts course described in division (K) of this	44259
section and the course qualified for high school credit under that	44260
division, the high school shall record that course on the	44261
student's high school transcript.	44262

(H) The department shall make its individual academic career	44263
plan available through its Ohio career information system web site	44264
for districts and schools to use as a tool for communicating with	44265
and providing guidance to students and families in selecting high	44266
school courses.	44267

(I) Units earned in English language arts, mathematics,	44268
science, and social studies that are delivered through integrated	44269
academic and career-technical instruction are eligible to meet the	44270
graduation requirements of division (B) or (C) of this section.	44271

(J) The state board, in consultation with the chancellor,	44272
shall adopt a statewide plan implementing methods for students to	44273
earn units of high school credit based on a demonstration of	44274
subject area competency, instead of or in combination with	44275
completing hours of classroom instruction. The state board shall	44276
adopt the plan not later than March 31, 2009, and commence phasing	44277
in the plan during the 2009-2010 school year. The plan shall	44278
include a standard method for recording demonstrated proficiency	44279
on high school transcripts. Each school district, community	44280
school, and chartered nonpublic school shall comply with the state	44281
board's plan adopted under this division and award units of high	44282
school credit in accordance with the plan. The state board may	44283
adopt existing methods for earning high school credit based on a	44284
demonstration of subject area competency as necessary prior to the	44285
2009-2010 school year.	44286

(K) This division does not apply to students who qualify for	44287
graduation from high school under division (D) or (F) of this	44288
section, or to students pursuing a career-technical instructional	44289
track as determined by the school district board of education or	44290
the chartered nonpublic school's governing authority.	44291
Nevertheless, the general assembly encourages such students to	44292
consider enrolling in a fine arts course as an elective.	44293

Beginning with students who enter ninth grade for the first	44294
time on or after July 1, 2010, each student enrolled in a public	44295
or chartered nonpublic high school shall complete two semesters or	44296
the equivalent of fine arts to graduate from high school. The	44297
coursework may be completed in any of grades seven to twelve. Each	44298
student who completes a fine arts course in grade seven or eight	44299
may elect to count that course toward the five units of electives	44300
required for graduation under division (C)(7) of this section, if	44301
the course satisfied the requirements of division (G) of this	44302
section. In that case, the high school shall award the student	44303
high school credit for the course and count the course toward the	44304
five units required under division (C)(7) of this section. If the	44305
course in grade seven or eight did not satisfy the requirements of	44306
division (G) of this section, the high school shall not award the	44307
student high school credit for the course but shall count the	44308
course toward the two semesters or the equivalent of fine arts	44309
required by this division.	44310

(L) Notwithstanding anything to the contrary in this section,	44311
the board of education of each school district and the governing	44312
authority of each chartered nonpublic school may adopt a policy to	44313
excuse from the high school physical education requirement each	44314
student who, during high school, has participated in	44315
interscholastic athletics, marching band, or cheerleading for at	44316
least two full seasons or in the junior reserve officer training	44317
corps for at least two full school years. If the board or	44318
authority adopts such a policy, the board or authority shall not	44319
require the student to complete any physical education course as a	44320
condition to graduate. However, the student shall be required to	44321
complete one-half unit, consisting of at least sixty hours of	44322
instruction, in another course of study. In the case of a student	44323
who has participated in the junior reserve officer training corps	44324
for at least two full school years, credit received for that	44325
participation may be used to satisfy the requirement to complete	44326
one-half unit in another course of study.	44327

Sec. 3313.61. (A) A diploma shall be granted by the board of	44328
education of any city, exempted village, or local school district	44329
that operates a high school to any person to whom all of the	44330
following apply:	44331

(1) The person has successfully completed the curriculum in	44332
any high school or the individualized education program developed	44333
for the person by any high school pursuant to section 3323.08 of	44334
the Revised Code, or has qualified under division (D) or (F) of	44335
section 3313.603 of the Revised Code, provided that no school	44336
district shall require a student to remain in school for any	44337
specific number of semesters or other terms if the student	44338
completes the required curriculum early;	44339

(2) Subject to section 3313.614 of the Revised Code, the	44340
person has met the assessment requirements of division (A)(2)(a)	44341
or (b) of this section, as applicable.	44342

(a) If the person entered the ninth grade prior to the date	44343
prescribed by rule of the state board of education under division	44344
~~(E)~~(D)(2) of section 3301.0712 of the Revised Code, the person	44345
either:	44346

(i) Has attained at least the applicable scores designated	44347
under division (B)(1) of section 3301.0710 of the Revised Code on	44348
all the assessments required by that division unless the person	44349
was excused from taking any such assessment pursuant to section	44350
3313.532 of the Revised Code or unless division (H) or (L) of this	44351
section applies to the person;	44352

(ii) Has satisfied the alternative conditions prescribed in	44353
section 3313.615 of the Revised Code.	44354

(b) If the person entered the ninth grade on or after the	44355
date prescribed by rule of the state board under division	44356
~~(E)~~(D)(2) of section 3301.0712 of the Revised Code, the person has	44357
~~attained on~~met the requirements of the entire assessment system	44358
prescribed under division (B)(2) of section 3301.0710 of the	44359
Revised Code ~~at least the required passing composite score,~~	44360
~~designated under division (C)(1) of section 3301.0712 of the~~	44361
~~Revised Code~~, except to the extent that the person is excused from	44362
some portion of that assessment system pursuant to section	44363
3313.532 of the Revised Code or division (H) or (L) of this	44364
section.	44365

(3) The person is not eligible to receive an honors diploma	44366
granted pursuant to division (B) of this section.	44367

Except as provided in divisions (C), (E), (J), and (L) of	44368
this section, no diploma shall be granted under this division to	44369
anyone except as provided under this division.	44370

(B) In lieu of a diploma granted under division (A) of this	44371
section, an honors diploma shall be granted, in accordance with	44372
rules of the state board, by any such district board to anyone who	44373
accomplishes all of the following:	44374

(1) Successfully completes the curriculum in any high school	44375
or the individualized education program developed for the person	44376
by any high school pursuant to section 3323.08 of the Revised	44377
Code;	44378

(2) Subject to section 3313.614 of the Revised Code, has met	44379
the assessment requirements of division (B)(2)(a) or (b) of this	44380
section, as applicable.	44381

(a) If the person entered the ninth grade prior to the date	44382
prescribed by rule of the state board of education under division	44383
~~(E)~~(D)(2) of section 3301.0712 of the Revised Code, the person	44384
either:	44385

(i) Has attained at least the applicable scores designated	44386
under division (B)(1) of section 3301.0710 of the Revised Code on	44387
all the assessments required by that division;	44388

(ii) Has satisfied the alternative conditions prescribed in	44389
section 3313.615 of the Revised Code.	44390

(b) If the person entered the ninth grade on or after the	44391
date prescribed by rule of the state board under division	44392
~~(E)~~(D)(2) of section 3301.0712 of the Revised Code, the person has	44393
~~attained on~~met the requirements of the entire assessment system	44394
prescribed under division (B)(2) of section 3301.0710 of the	44395
Revised Code ~~at least the required passing composite score,~~	44396
~~designated under division (C)(1) of section 3301.0712 of the~~	44397
~~Revised Code~~.	44398

(3) Has met additional criteria established by the state	44399
board for the granting of such a diploma.	44400

An honors diploma shall not be granted to a student who is	44401
subject to the Ohio core curriculum prescribed in division (C) of	44402
section 3313.603 of the Revised Code but elects the option of	44403
division (D) or (F) of that section. Except as provided in	44404
divisions (C), (E), and (J) of this section, no honors diploma	44405
shall be granted to anyone failing to comply with this division	44406
and no more than one honors diploma shall be granted to any	44407
student under this division.	44408

The state board shall adopt rules prescribing the granting of	44409
honors diplomas under this division. These rules may prescribe the	44410
granting of honors diplomas that recognize a student's achievement	44411
as a whole or that recognize a student's achievement in one or	44412
more specific subjects or both. The rules may prescribe the	44413
granting of an honors diploma recognizing technical expertise for	44414
a career-technical student. In any case, the rules shall designate	44415
two or more criteria for the granting of each type of honors	44416
diploma the board establishes under this division and the number	44417
of such criteria that must be met for the granting of that type of	44418
diploma. The number of such criteria for any type of honors	44419
diploma shall be at least one less than the total number of	44420
criteria designated for that type and no one or more particular	44421
criteria shall be required of all persons who are to be granted	44422
that type of diploma.	44423

(C) Any district board administering any of the assessments	44424
required by section 3301.0710 of the Revised Code to any person	44425
requesting to take such assessment pursuant to division (B)(8)(b)	44426
of section 3301.0711 of the Revised Code shall award a diploma to	44427
such person if the person attains at least the applicable scores	44428
designated under division (B)(1) of section 3301.0710 of the	44429
Revised Code on all the assessments administered and if the person	44430
has previously attained the applicable scores on all the other	44431
assessments required by division (B)(1) of that section or has	44432
been exempted or excused from attaining the applicable score on	44433
any such assessment pursuant to division (H) or (L) of this	44434
section or from taking any such assessment pursuant to section	44435
3313.532 of the Revised Code.	44436

(D) Each diploma awarded under this section shall be signed	44437
by the president and treasurer of the issuing board, the	44438
superintendent of schools, and the principal of the high school.	44439
Each diploma shall bear the date of its issue, be in such form as	44440
the district board prescribes, and be paid for out of the	44441
district's general fund.	44442

(E) A person who is a resident of Ohio and is eligible under	44443
state board of education minimum standards to receive a high	44444
school diploma based in whole or in part on credits earned while	44445
an inmate of a correctional institution operated by the state or	44446
any political subdivision thereof, shall be granted such diploma	44447
by the correctional institution operating the programs in which	44448
such credits were earned, and by the board of education of the	44449
school district in which the inmate resided immediately prior to	44450
the inmate's placement in the institution. The diploma granted by	44451
the correctional institution shall be signed by the director of	44452
the institution, and by the person serving as principal of the	44453
institution's high school and shall bear the date of issue.	44454

(F) Persons who are not residents of Ohio but who are inmates	44455
of correctional institutions operated by the state or any	44456
political subdivision thereof, and who are eligible under state	44457
board of education minimum standards to receive a high school	44458
diploma based in whole or in part on credits earned while an	44459
inmate of the correctional institution, shall be granted a diploma	44460
by the correctional institution offering the program in which the	44461
credits were earned. The diploma granted by the correctional	44462
institution shall be signed by the director of the institution and	44463
by the person serving as principal of the institution's high	44464
school and shall bear the date of issue.	44465

(G) The state board of education shall provide by rule for	44466
the administration of the assessments required by section	44467
3301.0710 of the Revised Code to inmates of correctional	44468
institutions.	44469

(H) Any person to whom all of the following apply shall be	44470
exempted from attaining the applicable score on the assessment in	44471
social studies designated under division (B)(1) of section	44472
3301.0710 of the Revised Code, any social studies end-of-course	44473
examination required under division (B)(2) of that section if such	44474
an exemption is prescribed by rule of the state board under	44475
division ~~(E)~~(D)(4) of section 3301.0712 of the Revised Code, or	44476
the test in citizenship designated under former division (B) of	44477
section 3301.0710 of the Revised Code as it existed prior to	44478
September 11, 2001:	44479

(1) The person is not a citizen of the United States;

44480

(2) The person is not a permanent resident of the United	44481
States;	44482

(3) The person indicates no intention to reside in the United	44483
States after the completion of high school.	44484

(I) Notwithstanding division (D) of section 3311.19 and	44485
division (D) of section 3311.52 of the Revised Code, this section	44486
and section 3311.611 of the Revised Code do not apply to the board	44487
of education of any joint vocational school district or any	44488
cooperative education school district established pursuant to	44489
divisions (A) to (C) of section 3311.52 of the Revised Code.	44490

(J) Upon receipt of a notice under division (D) of section	44491
3325.08 of division (D) of section 3328.25 of the Revised Code	44492
that a student has received a diploma under ~~that~~either section,	44493
the board of education receiving the notice may grant a high	44494
school diploma under this section to the student, except that such	44495
board shall grant the student a diploma if the student meets the	44496
graduation requirements that the student would otherwise have had	44497
to meet to receive a diploma from the district. The diploma	44498
granted under this section shall be of the same type the notice	44499
indicates the student received under section 3325.08 or 3328.25 of	44500
the Revised Code.	44501

(K) As used in this division, "limited English proficient	44502
student" has the same meaning as in division (C)(3) of section	44503
3301.0711 of the Revised Code.	44504

Notwithstanding division (C)(3) of section 3301.0711 of the	44505
Revised Code, no limited English proficient student who has not	44506
either attained the applicable scores designated under division	44507
(B)(1) of section 3301.0710 of the Revised Code on all the	44508
assessments required by that division, or ~~attained the composite~~	44509
~~score designated for~~met the requirements of the assessments	44510
required by division (B)(2) of that section, shall be awarded a	44511
diploma under this section.	44512

(L) Any student described by division (A)(1) of this section	44513
may be awarded a diploma without attaining the applicable scores	44514
designated on the assessments prescribed under division (B) of	44515
section 3301.0710 of the Revised Code provided an individualized	44516
education program specifically exempts the student from attaining	44517
such scores. This division does not negate the requirement for	44518
such a student to take all such assessments or alternate	44519
assessments required by division (C)(1) of section 3301.0711 of	44520
the Revised Code for the purpose of assessing student progress as	44521
required by federal law.	44522

Sec. 3313.611. (A) The state board of education shall adopt,	44523
by rule, standards for awarding high school credit equivalent to	44524
credit for completion of high school academic and vocational	44525
education courses to applicants for diplomas under this section.	44526
The standards may permit high school credit to be granted to an	44527
applicant for any of the following:	44528

(1) Work experiences or experiences as a volunteer;

44529

(2) Completion of academic, vocational, or self-improvement	44530
courses offered to persons over the age of twenty-one by a	44531
chartered public or nonpublic school;	44532

(3) Completion of academic, vocational, or self-improvement	44533
courses offered by an organization, individual, or educational	44534
institution other than a chartered public or nonpublic school;	44535

(4) Other life experiences considered by the board to provide	44536
knowledge and learning experiences comparable to that gained in a	44537
classroom setting.	44538

(B) The board of education of any city, exempted village, or	44539
local school district that operates a high school shall grant a	44540
diploma of adult education to any applicant if all of the	44541
following apply:	44542

(1) The applicant is a resident of the district;

44543

(2) The applicant is over the age of twenty-one and has not	44544
been issued a diploma as provided in section 3313.61 of the	44545
Revised Code;	44546

(3) Subject to section 3313.614 of the Revised Code, the	44547
applicant has met the assessment requirements of division	44548
(B)(3)(a) or (b) of this section, as applicable.	44549

(a) Prior to the date prescribed by rule of the state board	44550
under division ~~(E)~~(D)(3) of section 3301.0712 of the Revised Code,	44551
the applicant either:	44552

(i) Has attained the applicable scores designated under	44553
division (B)(1) of section 3301.0710 of the Revised Code on all of	44554
the assessments required by that division or was excused or	44555
exempted from any such assessment pursuant to section 3313.532 or	44556
was exempted from attaining the applicable score on any such	44557
assessment pursuant to division (H) or (L) of section 3313.61 of	44558
the Revised Code;	44559

(ii) Has satisfied the alternative conditions prescribed in	44560
section 3313.615 of the Revised Code.	44561

(b) On or after the date prescribed by rule of the state	44562
board under division ~~(E)~~(D)(3) of section 3301.0712 of the	44563
Revised Code, has ~~attained on~~met the requirements of the entire	44564
assessment system prescribed under division (B)(2) of section	44565
3301.0710 of the Revised Code ~~at least the required passing~~	44566
~~composite score, designated under division (C)(1) of section~~	44567
~~3301.0712 of the Revised Code~~, except and only to the extent that	44568
the applicant is excused from some portion of that assessment	44569
system pursuant to section 3313.532 of the Revised Code or	44570
division (H) or (L) of section 3313.61 of the Revised Code.	44571

(4) The district board determines, in accordance with the	44572
standards adopted under division (A) of this section, that the	44573
applicant has attained sufficient high school credits, including	44574
equivalent credits awarded under such standards, to qualify as	44575
having successfully completed the curriculum required by the	44576
district for graduation.	44577

(C) If a district board determines that an applicant is not	44578
eligible for a diploma under division (B) of this section, it	44579
shall inform the applicant of the reason the applicant is	44580
ineligible and shall provide a list of any courses required for	44581
the diploma for which the applicant has not received credit. An	44582
applicant may reapply for a diploma under this section at any	44583
time.	44584

(D) If a district board awards an adult education diploma	44585
under this section, the president and treasurer of the board and	44586
the superintendent of schools shall sign it. Each diploma shall	44587
bear the date of its issuance, be in such form as the district	44588
board prescribes, and be paid for from the district's general	44589
fund, except that the state board may by rule prescribe standard	44590
language to be included on each diploma.	44591

(E) As used in this division, "limited English proficient	44592
student" has the same meaning as in division (C)(3) of section	44593
3301.0711 of the Revised Code.	44594

Notwithstanding division (C)(3) of section 3301.0711 of the	44595
Revised Code, no limited English proficient student who has not	44596
either attained the applicable scores designated under division	44597
(B)(1) of section 3301.0710 of the Revised Code on all the	44598
assessments required by that division, or ~~attained the composite~~	44599
~~score designated for~~has not met the requirements of the	44600
assessments required by division (B)(2) of that section, shall be	44601
awarded a diploma under this section.	44602

Sec. 3313.612. (A) No nonpublic school chartered by the	44603
state board of education shall grant a high school diploma to any	44604
person unless, subject to section 3313.614 of the Revised Code,	44605
the person has met the assessment requirements of division (A)(1)	44606
or (2) of this section, as applicable.	44607

(1) If the person entered the ninth grade prior to the date	44608
prescribed by rule of the state board under division ~~(E)~~(D)(2) of	44609
section 3301.0712 of the Revised Code, the person has attained at	44610
least the applicable scores designated under division (B)(1) of	44611
section 3301.0710 of the Revised Code on all the assessments	44612
required by that division, or has satisfied the alternative	44613
conditions prescribed in section 3313.615 of the Revised Code.	44614

(2) If the person entered the ninth grade on or after the	44615
date prescribed by rule of the state board under division (E)(2)	44616
of section 3301.0712 of the Revised Code, the person has ~~attained~~	44617
onmet the requirements of the entire assessment system	44618
prescribed under division (B)(2) of section 3301.0710 of the	44619
Revised Code ~~at least the required passing composite score,~~	44620
~~designated under division (C)(1) of section 3301.0712 of the~~	44621
~~Revised Code~~.	44622

(B) This section does not apply to either of the following:

44623

(1) Any person with regard to any assessment from which the	44624
person was excused pursuant to division (C)(1)(c) of section	44625
3301.0711 of the Revised Code;	44626

(2) Any person with regard to the social studies assessment	44627
under division (B)(1) of section 3301.0710 of the Revised Code,	44628
any social studies end-of-course examination required under	44629
division (B)(2) of that section if such an exemption is prescribed	44630
by rule of the state board of education under division ~~(E)~~(D)(4)	44631
of section 3301.0712 of the Revised Code, or the citizenship test	44632
under former division (B) of section 3301.0710 of the Revised Code	44633
as it existed prior to September 11, 2001, if all of the following	44634
apply:	44635

(a) The person is not a citizen of the United States;

44636

(b) The person is not a permanent resident of the United	44637
States;	44638

(c) The person indicates no intention to reside in the United	44639
States after completion of high school.	44640

(C) As used in this division, "limited English proficient	44641
student" has the same meaning as in division (C)(3) of section	44642
3301.0711 of the Revised Code.	44643

Notwithstanding division (C)(3) of section 3301.0711 of the	44644
Revised Code, no limited English proficient student who has not	44645
either attained the applicable scores designated under division	44646
(B)(1) of section 3301.0710 of the Revised Code on all the	44647
assessments required by that division, or ~~attained the composite~~	44648
~~score designated for~~met the requirements of the assessments	44649
~~required by~~under division (B)(2) of that section, shall be	44650
awarded a diploma under this section.	44651

Sec. 3313.614. (A) As used in this section, a person	44652
"fulfills the curriculum requirement for a diploma" at the time	44653
one of the following conditions is satisfied:	44654

(1) The person successfully completes the high school	44655
curriculum of a school district, a community school, a chartered	44656
nonpublic school, or a correctional institution.	44657

(2) The person successfully completes the individualized	44658
education program developed for the person under section 3323.08	44659
of the Revised Code.	44660

(3) A board of education issues its determination under	44661
section 3313.611 of the Revised Code that the person qualifies as	44662
having successfully completed the curriculum required by the	44663
district.	44664

(B) This division specifies the assessment requirements that	44665
must be fulfilled as a condition toward granting high school	44666
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08	44667
of the Revised Code.	44668

(1) A person who fulfills the curriculum requirement for a	44669
diploma before September 15, 2000, is not required to pass any	44670
proficiency test or achievement test in science as a condition to	44671
receiving a diploma.	44672

(2) A person who began ninth grade prior to July 1, 2003, is	44673
not required to pass the Ohio graduation test prescribed under	44674
division (B)(1) of section 3301.0710 or any assessment prescribed	44675
under division (B)(2) of that section in any subject as a	44676
condition to receiving a diploma once the person has passed the	44677
ninth grade proficiency test in the same subject, so long as the	44678
person passed the ninth grade proficiency test prior to September	44679
15, 2008. However, any such person who passes the Ohio graduation	44680
test in any subject prior to passing the ninth grade proficiency	44681
test in the same subject shall be deemed to have passed the ninth	44682
grade proficiency test in that subject as a condition to receiving	44683
a diploma. For this purpose, the ninth grade proficiency test in	44684
citizenship substitutes for the Ohio graduation test in social	44685
studies. If a person began ninth grade prior to July 1, 2003, but	44686
does not pass a ninth grade proficiency test or the Ohio	44687
graduation test in a particular subject before September 15, 2008,	44688
and passage of a test in that subject is a condition for the	44689
person to receive a diploma, the person must pass the Ohio	44690
graduation test instead of the ninth grade proficiency test in	44691
that subject to receive a diploma.	44692

(3) A person who begins ninth grade on or after July 1, 2003,	44693
in a school district, community school, or chartered nonpublic	44694
school is not eligible to receive a diploma based on passage of	44695
ninth grade proficiency tests. Each such person who begins ninth	44696
grade prior to the date prescribed by the state board of education	44697
under division ~~(E)~~(D)(5) of section 3301.0712 of the Revised Code	44698
must pass Ohio graduation tests to meet the assessment	44699
requirements applicable to that person as a condition to receiving	44700
a diploma.	44701

(4) A person who begins ninth grade on or after the date	44702
prescribed by the state board of education under division	44703
~~(E)~~(D)(5) of section 3301.0712 of the Revised Code is not eligible	44704
to receive a diploma based on passage of the Ohio graduation	44705
tests. Each such person must ~~attain on~~meet the requirements of	44706
the entire assessment system prescribed under division (B)(2) of	44707
section 3301.0710 of the Revised Code ~~at least the required~~	44708
~~passing composite score, designated under division (C)(1) of~~	44709
~~section 3301.0712 of the Revised Code~~.	44710

(C) This division specifies the curriculum requirement that	44711
shall be completed as a condition toward granting high school	44712
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08	44713
of the Revised Code.	44714

(1) A person who is under twenty-two years of age, or under	44715
thirty years of age for a person enrolled under section 3314.38 of	44716
the Revised Code in a dropout prevention and recovery program	44717
operated by a community school, when the person fulfills the	44718
curriculum requirement for a diploma shall complete the curriculum	44719
required by the school district or school issuing the diploma for	44720
the first year that the person originally enrolled in high school,	44721
except for a person who qualifies for graduation from high school	44722
under either division (D) or (F) of section 3313.603 of the	44723
Revised Code.	44724

(2) Once a person fulfills the curriculum requirement for a	44725
diploma, the person is never required, as a condition of receiving	44726
a diploma, to meet any different curriculum requirements that take	44727
effect pending the person's passage of proficiency tests or	44728
achievement tests or assessments, including changes mandated by	44729
section 3313.603 of the Revised Code, the state board, a school	44730
district board of education, or a governing authority of a	44731
community school or chartered nonpublic school.	44732

Sec. 3313.617. (A) When a person who is at least sixteen	44733
years of age but less than nineteen years of age applies to the	44734
department of education to take the tests of general educational	44735
development, the person shall submit with the application written	44736
approval from the superintendent of the school district in which	44737
the person was last enrolled, or the superintendent's designee,	44738
except that if the person was last enrolled in a community school	44739
established under Chapter 3314. of the Revised Code or a science,	44740
technology, engineering, and mathematics school established under	44741
Chapter 3326. of the Revised Code, the approval shall be from the	44742
principal of the school, or the principal's designee. The	44743
department may require the person also to submit written approval	44744
from the person's parent or guardian or a court official, if the	44745
person is younger than eighteen years of age.	44746

(B) For the purpose of calculating graduation rates for the	44747
school district report cards under section 3302.03 of the Revised	44748
Code, the department shall count any person for whom approval is	44749
obtained from the superintendent or principal, or a designee,	44750
under division (A) of this section as a dropout from the district	44751
in which the person was last enrolled prior to obtaining the	44752
approval.	44753

Sec. 3313.64. (A) As used in this section and in section	44754
3313.65 of the Revised Code:	44755

(1)(a) Except as provided in division (A)(1)(b) of this	44756
section, "parent" means either parent, unless the parents are	44757
separated or divorced or their marriage has been dissolved or	44758
annulled, in which case "parent" means the parent who is the	44759
residential parent and legal custodian of the child. When a child	44760
is in the legal custody of a government agency or a person other	44761
than the child's natural or adoptive parent, "parent" means the	44762
parent with residual parental rights, privileges, and	44763
responsibilities. When a child is in the permanent custody of a	44764
government agency or a person other than the child's natural or	44765
adoptive parent, "parent" means the parent who was divested of	44766
parental rights and responsibilities for the care of the child and	44767
the right to have the child live with the parent and be the legal	44768
custodian of the child and all residual parental rights,	44769
privileges, and responsibilities.	44770

(b) When a child is the subject of a power of attorney	44771
executed under sections 3109.51 to 3109.62 of the Revised Code,	44772
"parent" means the grandparent designated as attorney in fact	44773
under the power of attorney. When a child is the subject of a	44774
caretaker authorization affidavit executed under sections 3109.64	44775
to 3109.73 of the Revised Code, "parent" means the grandparent	44776
that executed the affidavit.	44777

(2) "Legal custody," "permanent custody," and "residual	44778
parental rights, privileges, and responsibilities" have the same	44779
meanings as in section 2151.011 of the Revised Code.	44780

(3) "School district" or "district" means a city, local, or	44781
exempted village school district and excludes any school operated	44782
in an institution maintained by the department of youth services.	44783

(4) Except as used in division (C)(2) of this section, "home"	44784
means a home, institution, foster home, group home, or other	44785
residential facility in this state that receives and cares for	44786
children, to which any of the following applies:	44787

(a) The home is licensed, certified, or approved for such	44788
purpose by the state or is maintained by the department of youth	44789
services.	44790

(b) The home is operated by a person who is licensed,	44791
certified, or approved by the state to operate the home for such	44792
purpose.	44793

(c) The home accepted the child through a placement by a	44794
person licensed, certified, or approved to place a child in such a	44795
home by the state.	44796

(d) The home is a children's home created under section	44797
5153.21 or 5153.36 of the Revised Code.	44798

(5) "Agency" means all of the following:

44799

(a) A public children services agency;

44800

(b) An organization that holds a certificate issued by the	44801
Ohio department of job and family services in accordance with the	44802
requirements of section 5103.03 of the Revised Code and assumes	44803
temporary or permanent custody of children through commitment,	44804
agreement, or surrender, and places children in family homes for	44805
the purpose of adoption;	44806

(c) Comparable agencies of other states or countries that	44807
have complied with applicable requirements of section 2151.39 of	44808
the Revised Code or as applicable, sections 5103.20 to 5103.22 or	44809
5103.23 to 5103.237 of the Revised Code.	44810

(6) A child is placed for adoption if either of the following	44811
occurs:	44812

(a) An agency to which the child has been permanently	44813
committed or surrendered enters into an agreement with a person	44814
pursuant to section 5103.16 of the Revised Code for the care and	44815
adoption of the child.	44816

(b) The child's natural parent places the child pursuant to	44817
section 5103.16 of the Revised Code with a person who will care	44818
for and adopt the child.	44819

(7) "Preschool child with a disability" has the same meaning	44820
as in section 3323.01 of the Revised Code.	44821

(8) "Child," unless otherwise indicated, includes preschool	44822
children with disabilities.	44823

(9) "Active duty" means active duty pursuant to an executive	44824
order of the president of the United States, an act of the	44825
congress of the United States, or section 5919.29 or 5923.21 of	44826
the Revised Code.	44827

(B) Except as otherwise provided in section 3321.01 of the	44828
Revised Code for admittance to kindergarten and first grade, a	44829
child who is at least five but under twenty-two years of age and	44830
any preschool child with a disability shall be admitted to school	44831
as provided in this division.	44832

(1) A child shall be admitted to the schools of the school	44833
district in which the child's parent resides.	44834

(2) A child who does not reside in the district where the	44835
child's parent resides shall be admitted to the schools of the	44836
district in which the child resides if any of the following	44837
applies:	44838

(a) The child is in the legal or permanent custody of a	44839
government agency or a person other than the child's natural or	44840
adoptive parent.	44841

(b) The child resides in a home.

44842

44843

(3) A child who is not entitled under division (B)(2) of this	44844
section to be admitted to the schools of the district where the	44845
child resides and who is residing with a resident of this state	44846
with whom the child has been placed for adoption shall be admitted	44847
to the schools of the district where the child resides unless	44848
either of the following applies:	44849

(a) The placement for adoption has been terminated.

44850

(b) Another school district is required to admit the child	44851
under division (B)(1) of this section.	44852

Division (B) of this section does not prohibit the board of	44853
education of a school district from placing a child with a	44854
disability who resides in the district in a special education	44855
program outside of the district or its schools in compliance with	44856
Chapter 3323. of the Revised Code.	44857

(C) A district shall not charge tuition for children admitted	44858
under division (B)(1) or (3) of this section. If the district	44859
admits a child under division (B)(2) of this section, tuition	44860
shall be paid to the district that admits the child as provided in	44861
divisions (C)(1) to (3) of this section, unless division (C)(4) of	44862
this section applies to the child:	44863

(1) If the child receives special education in accordance	44864
with Chapter 3323. of the Revised Code, the school district of	44865
residence, as defined in section 3323.01 of the Revised Code,	44866
shall pay tuition for the child in accordance with section	44867
3323.091, 3323.13, 3323.14, or 3323.141 of the Revised Code	44868
regardless of who has custody of the child or whether the child	44869
resides in a home.	44870

(2) For a child that does not receive special education in	44871
accordance with Chapter 3323. of the Revised Code, except as	44872
otherwise provided in division (C)(2)(d) of this section, if the	44873
child is in the permanent or legal custody of a government agency	44874
or person other than the child's parent, tuition shall be paid by:	44875

(a) The district in which the child's parent resided at the	44876
time the court removed the child from home or at the time the	44877
court vested legal or permanent custody of the child in the person	44878
or government agency, whichever occurred first;	44879

(b) If the parent's residence at the time the court removed	44880
the child from home or placed the child in the legal or permanent	44881
custody of the person or government agency is unknown, tuition	44882
shall be paid by the district in which the child resided at the	44883
time the child was removed from home or placed in legal or	44884
permanent custody, whichever occurred first;	44885

(c) If a school district cannot be established under division	44886
(C)(2)(a) or (b) of this section, tuition shall be paid by the	44887
district determined as required by section 2151.362 of the Revised	44888
Code by the court at the time it vests custody of the child in the	44889
person or government agency;	44890

(d) If at the time the court removed the child from home or	44891
vested legal or permanent custody of the child in the person or	44892
government agency, whichever occurred first, one parent was in a	44893
residential or correctional facility or a juvenile residential	44894
placement and the other parent, if living and not in such a	44895
facility or placement, was not known to reside in this state,	44896
tuition shall be paid by the district determined under division	44897
(D) of section 3313.65 of the Revised Code as the district	44898
required to pay any tuition while the parent was in such facility	44899
or placement;	44900

(e) If the department of education has determined, pursuant	44901
to division (A)(2) of section 2151.362 of the Revised Code, that a	44902
school district other than the one named in the court's initial	44903
order, or in a prior determination of the department, is	44904
responsible to bear the cost of educating the child, the district	44905
so determined shall be responsible for that cost.	44906

(3) If the child is not in the permanent or legal custody of	44907
a government agency or person other than the child's parent and	44908
the child resides in a home, tuition shall be paid by one of the	44909
following:	44910

(a) The school district in which the child's parent resides;

44911

(b) If the child's parent is not a resident of this state,	44912
the home in which the child resides.	44913

(4) Division (C)(4) of this section applies to any child who	44914
is admitted to a school district under division (B)(2) of this	44915
section, resides in a home that is not a foster home or a home	44916
maintained by the department of youth services, receives	44917
educational services at the home in which the child resides	44918
pursuant to a contract between the home and the school district	44919
providing those services, and does not receive special education.	44920

In the case of a child to which division (C)(4) of this	44921
section applies, the total educational cost to be paid for the	44922
child shall be determined by a formula approved by the department	44923
of education, which formula shall be designed to calculate a per	44924
diem cost for the educational services provided to the child for	44925
each day the child is served and shall reflect the total actual	44926
cost incurred in providing those services. The department shall	44927
certify the total educational cost to be paid for the child to	44928
both the school district providing the educational services and,	44929
if different, the school district that is responsible to pay	44930
tuition for the child. The department shall deduct the certified	44931
amount from the state basic aid funds payable under Chapter 3317.	44932
of the Revised Code to the district responsible to pay tuition and	44933
shall pay that amount to the district providing the educational	44934
services to the child.	44935

(D) Tuition required to be paid under divisions (C)(2) and	44936
(3)(a) of this section shall be computed in accordance with	44937
section 3317.08 of the Revised Code. Tuition required to be paid	44938
under division (C)(3)(b) of this section shall be computed in	44939
accordance with section 3317.081 of the Revised Code. If a home	44940
fails to pay the tuition required by division (C)(3)(b) of this	44941
section, the board of education providing the education may	44942
recover in a civil action the tuition and the expenses incurred in	44943
prosecuting the action, including court costs and reasonable	44944
attorney's fees. If the prosecuting attorney or city director of	44945
law represents the board in such action, costs and reasonable	44946
attorney's fees awarded by the court, based upon the prosecuting	44947
attorney's, director's, or one of their designee's time spent	44948
preparing and presenting the case, shall be deposited in the	44949
county or city general fund.	44950

(E) A board of education may enroll a child free of any	44951
tuition obligation for a period not to exceed sixty days, on the	44952
sworn statement of an adult resident of the district that the	44953
resident has initiated legal proceedings for custody of the child.	44954

(F) In the case of any individual entitled to attend school	44955
under this division, no tuition shall be charged by the school	44956
district of attendance and no other school district shall be	44957
required to pay tuition for the individual's attendance.	44958
Notwithstanding division (B), (C), or (E) of this section:	44959

(1) All persons at least eighteen but under twenty-two years	44960
of age who live apart from their parents, support themselves by	44961
their own labor, and have not successfully completed the high	44962
school curriculum or the individualized education program	44963
developed for the person by the high school pursuant to section	44964
3323.08 of the Revised Code, are entitled to attend school in the	44965
district in which they reside.	44966

(2) Any child under eighteen years of age who is married is	44967
entitled to attend school in the child's district of residence.	44968

(3) A child is entitled to attend school in the district in	44969
which either of the child's parents is employed if the child has a	44970
medical condition that may require emergency medical attention.	44971
The parent of a child entitled to attend school under division	44972
(F)(3) of this section shall submit to the board of education of	44973
the district in which the parent is employed a statement from the	44974
child's physician certifying that the child's medical condition	44975
may require emergency medical attention. The statement shall be	44976
supported by such other evidence as the board may require.	44977

(4) Any child residing with a person other than the child's	44978
parent is entitled, for a period not to exceed twelve months, to	44979
attend school in the district in which that person resides if the	44980
child's parent files an affidavit with the superintendent of the	44981
district in which the person with whom the child is living resides	44982
stating all of the following:	44983

(a) That the parent is serving outside of the state in the	44984
armed services of the United States;	44985

(b) That the parent intends to reside in the district upon	44986
returning to this state;	44987

(c) The name and address of the person with whom the child is	44988
living while the parent is outside the state.	44989

(5) Any child under the age of twenty-two years who, after	44990
the death of a parent, resides in a school district other than the	44991
district in which the child attended school at the time of the	44992
parent's death is entitled to continue to attend school in the	44993
district in which the child attended school at the time of the	44994
parent's death for the remainder of the school year, subject to	44995
approval of that district board.	44996

(6) A child under the age of twenty-two years who resides	44997
with a parent who is having a new house built in a school district	44998
outside the district where the parent is residing is entitled to	44999
attend school for a period of time in the district where the new	45000
house is being built. In order to be entitled to such attendance,	45001
the parent shall provide the district superintendent with the	45002
following:	45003

(a) A sworn statement explaining the situation, revealing the	45004
location of the house being built, and stating the parent's	45005
intention to reside there upon its completion;	45006

(b) A statement from the builder confirming that a new house	45007
is being built for the parent and that the house is at the	45008
location indicated in the parent's statement.	45009

(7) A child under the age of twenty-two years residing with a	45010
parent who has a contract to purchase a house in a school district	45011
outside the district where the parent is residing and who is	45012
waiting upon the date of closing of the mortgage loan for the	45013
purchase of such house is entitled to attend school for a period	45014
of time in the district where the house is being purchased. In	45015
order to be entitled to such attendance, the parent shall provide	45016
the district superintendent with the following:	45017

(a) A sworn statement explaining the situation, revealing the	45018
location of the house being purchased, and stating the parent's	45019
intent to reside there;	45020

(b) A statement from a real estate broker or bank officer	45021
confirming that the parent has a contract to purchase the house,	45022
that the parent is waiting upon the date of closing of the	45023
mortgage loan, and that the house is at the location indicated in	45024
the parent's statement.	45025

The district superintendent shall establish a period of time	45026
not to exceed ninety days during which the child entitled to	45027
attend school under division (F)(6) or (7) of this section may	45028
attend without tuition obligation. A student attending a school	45029
under division (F)(6) or (7) of this section shall be eligible to	45030
participate in interscholastic athletics under the auspices of	45031
that school, provided the board of education of the school	45032
district where the student's parent resides, by a formal action,	45033
releases the student to participate in interscholastic athletics	45034
at the school where the student is attending, and provided the	45035
student receives any authorization required by a public agency or	45036
private organization of which the school district is a member	45037
exercising authority over interscholastic sports.	45038

(8) A child whose parent is a full-time employee of a city,	45039
local, or exempted village school district, or of an educational	45040
service center, may be admitted to the schools of the district	45041
where the child's parent is employed, or in the case of a child	45042
whose parent is employed by an educational service center, in the	45043
district that serves the location where the parent's job is	45044
primarily located, provided the district board of education	45045
establishes such an admission policy by resolution adopted by a	45046
majority of its members. Any such policy shall take effect on the	45047
first day of the school year and the effective date of any	45048
amendment or repeal may not be prior to the first day of the	45049
subsequent school year. The policy shall be uniformly applied to	45050
all such children and shall provide for the admission of any such	45051
child upon request of the parent. No child may be admitted under	45052
this policy after the first day of classes of any school year.	45053

(9) A child who is with the child's parent under the care of	45054
a shelter for victims of domestic violence, as defined in section	45055
3113.33 of the Revised Code, is entitled to attend school free in	45056
the district in which the child is with the child's parent, and no	45057
other school district shall be required to pay tuition for the	45058
child's attendance in that school district.	45059

The enrollment of a child in a school district under this	45060
division shall not be denied due to a delay in the school	45061
district's receipt of any records required under section 3313.672	45062
of the Revised Code or any other records required for enrollment.	45063
Any days of attendance and any credits earned by a child while	45064
enrolled in a school district under this division shall be	45065
transferred to and accepted by any school district in which the	45066
child subsequently enrolls. The state board of education shall	45067
adopt rules to ensure compliance with this division.	45068

(10) Any child under the age of twenty-two years whose parent	45069
has moved out of the school district after the commencement of	45070
classes in the child's senior year of high school is entitled,	45071
subject to the approval of that district board, to attend school	45072
in the district in which the child attended school at the time of	45073
the parental move for the remainder of the school year and for one	45074
additional semester or equivalent term. A district board may also	45075
adopt a policy specifying extenuating circumstances under which a	45076
student may continue to attend school under division (F)(10) of	45077
this section for an additional period of time in order to	45078
successfully complete the high school curriculum for the	45079
individualized education program developed for the student by the	45080
high school pursuant to section 3323.08 of the Revised Code.	45081

(11) As used in this division, "grandparent" means a parent	45082
of a parent of a child. A child under the age of twenty-two years	45083
who is in the custody of the child's parent, resides with a	45084
grandparent, and does not require special education is entitled to	45085
attend the schools of the district in which the child's	45086
grandparent resides, provided that, prior to such attendance in	45087
any school year, the board of education of the school district in	45088
which the child's grandparent resides and the board of education	45089
of the school district in which the child's parent resides enter	45090
into a written agreement specifying that good cause exists for	45091
such attendance, describing the nature of this good cause, and	45092
consenting to such attendance.	45093

In lieu of a consent form signed by a parent, a board of	45094
education may request the grandparent of a child attending school	45095
in the district in which the grandparent resides pursuant to	45096
division (F)(11) of this section to complete any consent form	45097
required by the district, including any authorization required by	45098
sections 3313.712, 3313.713, 3313.716, and 3313.718 of the Revised	45099
Code. Upon request, the grandparent shall complete any consent	45100
form required by the district. A school district shall not incur	45101
any liability solely because of its receipt of a consent form from	45102
a grandparent in lieu of a parent.	45103

Division (F)(11) of this section does not create, and shall	45104
not be construed as creating, a new cause of action or substantive	45105
legal right against a school district, a member of a board of	45106
education, or an employee of a school district. This section does	45107
not affect, and shall not be construed as affecting, any	45108
immunities from defenses to tort liability created or recognized	45109
by Chapter 2744. of the Revised Code for a school district,	45110
member, or employee.	45111

(12) A child under the age of twenty-two years is entitled to	45112
attend school in a school district other than the district in	45113
which the child is entitled to attend school under division (B),	45114
(C), or (E) of this section provided that, prior to such	45115
attendance in any school year, both of the following occur:	45116

(a) The superintendent of the district in which the child is	45117
entitled to attend school under division (B), (C), or (E) of this	45118
section contacts the superintendent of another district for	45119
purposes of this division;	45120

(b) The superintendents of both districts enter into a	45121
written agreement that consents to the attendance and specifies	45122
that the purpose of such attendance is to protect the student's	45123
physical or mental well-being or to deal with other extenuating	45124
circumstances deemed appropriate by the superintendents.	45125

While an agreement is in effect under this division for a	45126
student who is not receiving special education under Chapter 3323.	45127
of the Revised Code and notwithstanding Chapter 3327. of the	45128
Revised Code, the board of education of neither school district	45129
involved in the agreement is required to provide transportation	45130
for the student to and from the school where the student attends.	45131

A student attending a school of a district pursuant to this	45132
division shall be allowed to participate in all student	45133
activities, including interscholastic athletics, at the school	45134
where the student is attending on the same basis as any student	45135
who has always attended the schools of that district while of	45136
compulsory school age.	45137

(13) All school districts shall comply with the	45138
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et	45139
seq., for the education of homeless children. Each city, local,	45140
and exempted village school district shall comply with the	45141
requirements of that act governing the provision of a free,	45142
appropriate public education, including public preschool, to each	45143
homeless child.	45144

When a child loses permanent housing and becomes a homeless	45145
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is	45146
such a homeless person changes temporary living arrangements, the	45147
child's parent or guardian shall have the option of enrolling the	45148
child in either of the following:	45149

(a) The child's school of origin, as defined in 42 U.S.C.A.	45150
11432(g)(3)(C);	45151

(b) The school that is operated by the school district in	45152
which the shelter where the child currently resides is located and	45153
that serves the geographic area in which the shelter is located.	45154

(14) A child under the age of twenty-two years who resides	45155
with a person other than the child's parent is entitled to attend	45156
school in the school district in which that person resides if both	45157
of the following apply:	45158

(a) That person has been appointed, through a military power	45159
of attorney executed under section 574(a) of the "National Defense	45160
Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10	45161
U.S.C. 1044b, or through a comparable document necessary to	45162
complete a family care plan, as the parent's agent for the care,	45163
custody, and control of the child while the parent is on active	45164
duty as a member of the national guard or a reserve unit of the	45165
armed forces of the United States or because the parent is a	45166
member of the armed forces of the United States and is on a duty	45167
assignment away from the parent's residence.	45168

(b) The military power of attorney or comparable document	45169
includes at least the authority to enroll the child in school.	45170

The entitlement to attend school in the district in which the	45171
parent's agent under the military power of attorney or comparable	45172
document resides applies until the end of the school year in which	45173
the military power of attorney or comparable document expires.	45174

(G) A board of education, after approving admission, may	45175
waive tuition for students who will temporarily reside in the	45176
district and who are either of the following:	45177

(1) Residents or domiciliaries of a foreign nation who	45178
request admission as foreign exchange students;	45179

(2) Residents or domiciliaries of the United States but not	45180
of Ohio who request admission as participants in an exchange	45181
program operated by a student exchange organization.	45182

(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04,	45183
3327.04, and 3327.06 of the Revised Code, a child may attend	45184
school or participate in a special education program in a school	45185
district other than in the district where the child is entitled to	45186
attend school under division (B) of this section.	45187

(I)(1) Notwithstanding anything to the contrary in this	45188
section or section 3313.65 of the Revised Code, a child under	45189
twenty-two years of age may attend school in the school district	45190
in which the child, at the end of the first full week of October	45191
of the school year, was entitled to attend school as otherwise	45192
provided under this section or section 3313.65 of the Revised	45193
Code, if at that time the child was enrolled in the schools of the	45194
district but since that time the child or the child's parent has	45195
relocated to a new address located outside of that school district	45196
and within the same county as the child's or parent's address	45197
immediately prior to the relocation. The child may continue to	45198
attend school in the district, and at the school to which the	45199
child was assigned at the end of the first full week of October of	45200
the current school year, for the balance of the school year.	45201
Division (I)(1) of this section applies only if both of the	45202
following conditions are satisfied:	45203

(a) The board of education of the school district in which	45204
the child was entitled to attend school at the end of the first	45205
full week in October and of the district to which the child or	45206
child's parent has relocated each has adopted a policy to enroll	45207
children described in division (I)(1) of this section.	45208

(b) The child's parent provides written notification of the	45209
relocation outside of the school district to the superintendent of	45210
each of the two school districts.	45211

(2) At the beginning of the school year following the school	45212
year in which the child or the child's parent relocated outside of	45213
the school district as described in division (I)(1) of this	45214
section, the child is not entitled to attend school in the school	45215
district under that division.	45216

(3) Any person or entity owing tuition to the school district	45217
on behalf of the child at the end of the first full week in	45218
October, as provided in division (C) of this section, shall	45219
continue to owe such tuition to the district for the child's	45220
attendance under division (I)(1) of this section for the lesser of	45221
the balance of the school year or the balance of the time that the	45222
child attends school in the district under division (I)(1) of this	45223
section.	45224

(4) A pupil who may attend school in the district under	45225
division (I)(1) of this section shall be entitled to	45226
transportation services pursuant to an agreement between the	45227
district and the district in which the child or child's parent has	45228
relocated unless the districts have not entered into such	45229
agreement, in which case the child shall be entitled to	45230
transportation services in the same manner as a pupil attending	45231
school in the district under interdistrict open enrollment as	45232
described in division (H) of section 3313.981 of the Revised Code,	45233
regardless of whether the district has adopted an open enrollment	45234
policy as described in division (B)(1)(b) or (c) of section	45235
3313.98 of the Revised Code.	45236

(J) This division does not apply to a child receiving special	45237
education.	45238

A school district required to pay tuition pursuant to	45239
division (C)(2) or (3) of this section or section 3313.65 of the	45240
Revised Code shall have an amount deducted under division ~~(F)~~(C)	45241
of section 3317.023 of the Revised Code equal to its own tuition	45242
rate for the same period of attendance. A school district entitled	45243
to receive tuition pursuant to division (C)(2) or (3) of this	45244
section or section 3313.65 of the Revised Code shall have an	45245
amount credited under division ~~(F)~~(C) of section 3317.023 of the	45246
Revised Code equal to its own tuition rate for the same period of	45247
attendance. If the tuition rate credited to the district of	45248
attendance exceeds the rate deducted from the district required to	45249
pay tuition, the department of education shall pay the district of	45250
attendance the difference from amounts deducted from all	45251
districts' payments under division ~~(F)~~(C) of section 3317.023 of	45252
the Revised Code but not credited to other school districts under	45253
such division and from appropriations made for such purpose. The	45254
treasurer of each school district shall, by the fifteenth day of	45255
January and July, furnish the superintendent of public instruction	45256
a report of the names of each child who attended the district's	45257
schools under divisions (C)(2) and (3) of this section or section	45258
3313.65 of the Revised Code during the preceding six calendar	45259
months, the duration of the attendance of those children, the	45260
school district responsible for tuition on behalf of the child,	45261
and any other information that the superintendent requires.	45262

Upon receipt of the report the superintendent, pursuant to	45263
division ~~(F)~~(C) of section 3317.023 of the Revised Code, shall	45264
deduct each district's tuition obligations under divisions (C)(2)	45265
and (3) of this section or section 3313.65 of the Revised Code and	45266
pay to the district of attendance that amount plus any amount	45267
required to be paid by the state.	45268

(K) In the event of a disagreement, the superintendent of	45269
public instruction shall determine the school district in which	45270
the parent resides.	45271

(L) Nothing in this section requires or authorizes, or shall	45272
be construed to require or authorize, the admission to a public	45273
school in this state of a pupil who has been permanently excluded	45274
from public school attendance by the superintendent of public	45275
instruction pursuant to sections 3301.121 and 3313.662 of the	45276
Revised Code.	45277

(M) In accordance with division (B)(1) of this section, a	45278
child whose parent is a member of the national guard or a reserve	45279
unit of the armed forces of the United States and is called to	45280
active duty, or a child whose parent is a member of the armed	45281
forces of the United States and is ordered to a temporary duty	45282
assignment outside of the district, may continue to attend school	45283
in the district in which the child's parent lived before being	45284
called to active duty or ordered to a temporary duty assignment	45285
outside of the district, as long as the child's parent continues	45286
to be a resident of that district, and regardless of where the	45287
child lives as a result of the parent's active duty status or	45288
temporary duty assignment. However, the district is not	45289
responsible for providing transportation for the child if the	45290
child lives outside of the district as a result of the parent's	45291
active duty status or temporary duty assignment.	45292

Sec. 3313.6410. This section applies to any school that is	45293
operated by a school district and in which the enrolled students	45294
work primarily on assignments in nonclassroom-based learning	45295
opportunities provided via an internet- or other computer-based	45296
instructional method.	45297

(A) Any school to which this section applies shall withdraw	45298
from the school any student who, for two consecutive school years,	45299
has failed to participate in the spring administration of any	45300
assessment prescribed under section 3301.0710 or 3301.0712 of the	45301
Revised Code for the student's grade level and was not excused	45302
from the assessment pursuant to division (C)(1) or (3) of section	45303
3301.0711 of the Revised Code, regardless of whether a waiver was	45304
granted for the student under division (E) of section 3317.03 of	45305
the Revised Code. The school shall report any such student's data	45306
verification code, as assigned pursuant to section 3301.0714 of	45307
the Revised Code, to the department of education to be added to	45308
the list maintained by the department under section 3314.26 of the	45309
Revised Code.	45310

(B) No school to which this section applies shall receive any	45311
state funds under Chapter ~~3306. or~~ 3317. of the Revised Code for	45312
any enrolled student whose data verification code appears on the	45313
list maintained by the department under section 3314.26 of the	45314
Revised Code. Notwithstanding any provision of the Revised Code to	45315
the contrary, the parent of any such student shall pay tuition to	45316
the school district that operates the school in an amount equal to	45317
the state funds the district otherwise would receive for that	45318
student, as determined by the department. A school to which this	45319
section applies may withdraw any student for whom the parent does	45320
not pay tuition as required by this division.	45321

Sec. 3313.65. (A) As used in this section and section	45322
3313.64 of the Revised Code:	45323

(1) A person is "in a residential facility" if the person is	45324
a resident or a resident patient of an institution, home, or other	45325
residential facility that is:	45326

(a) Licensed as a nursing home, residential care facility, or	45327
home for the aging by the director of health under section 3721.02	45328
of the Revised Code;	45329

(b) Licensed as an adult care facility by the director of	45330
mental health under ~~Chapter 3722.~~sections 5119.70 to 5119.88 of	45331
the Revised Code;	45332

(c) Maintained as a county home or district home by the board	45333
of county commissioners or a joint board of county commissioners	45334
under Chapter 5155. of the Revised Code;	45335

(d) Operated or administered by a board of alcohol, drug	45336
addiction, and mental health services under section 340.03 or	45337
340.06 of the Revised Code, or provides residential care pursuant	45338
to contracts made under section 340.03 or 340.033 of the Revised	45339
Code;	45340

(e) Maintained as a state institution for the mentally ill	45341
under Chapter 5119. of the Revised Code;	45342

(f) Licensed by the department of mental health under section	45343
5119.20 or 5119.22 of the Revised Code;	45344

(g) Licensed as a residential facility by the department of	45345
developmental disabilities under section 5123.19 of the Revised	45346
Code;	45347

(h) Operated by the veteran's administration or another	45348
agency of the United States government;	45349

(i) The Ohio soldiers' and sailors' home.

45350

(2) A person is "in a correctional facility" if any of the	45351
following apply:	45352

(a) The person is an Ohio resident and is:

45353

(i) Imprisoned, as defined in section 1.05 of the Revised	45354
Code;	45355

(ii) Serving a term in a community-based correctional	45356
facility or a district community-based correctional facility;	45357

(iii) Required, as a condition of parole, a post-release	45358
control sanction, a community control sanction, transitional	45359
control, or early release from imprisonment, as a condition of	45360
shock parole or shock probation granted under the law in effect	45361
prior to July 1, 1996, or as a condition of a furlough granted	45362
under the version of section 2967.26 of the Revised Code in effect	45363
prior to March 17, 1998, to reside in a halfway house or other	45364
community residential center licensed under section 2967.14 of the	45365
Revised Code or a similar facility designated by the court of	45366
common pleas that established the condition or by the adult parole	45367
authority.	45368

(b) The person is imprisoned in a state correctional	45369
institution of another state or a federal correctional institution	45370
but was an Ohio resident at the time the sentence was imposed for	45371
the crime for which the person is imprisoned.	45372

(3) A person is "in a juvenile residential placement" if the	45373
person is an Ohio resident who is under twenty-one years of age	45374
and has been removed, by the order of a juvenile court, from the	45375
place the person resided at the time the person became subject to	45376
the court's jurisdiction in the matter that resulted in the	45377
person's removal.	45378

(4) "Community control sanction" has the same meaning as in	45379
section 2929.01 of the Revised Code.	45380

(5) "Post-release control sanction" has the same meaning as	45381
in section 2967.01 of the Revised Code.	45382

(B) If the circumstances described in division (C) of this	45383
section apply, the determination of what school district must	45384
admit a child to its schools and what district, if any, is liable	45385
for tuition shall be made in accordance with this section, rather	45386
than section 3313.64 of the Revised Code.	45387

(C) A child who does not reside in the school district in	45388
which the child's parent resides and for whom a tuition obligation	45389
previously has not been established under division (C)(2) of	45390
section 3313.64 of the Revised Code shall be admitted to the	45391
schools of the district in which the child resides if at least one	45392
of the child's parents is in a residential or correctional	45393
facility or a juvenile residential placement and the other parent,	45394
if living and not in such a facility or placement, is not known to	45395
reside in this state.	45396

(D) Regardless of who has custody or care of the child,	45397
whether the child resides in a home, or whether the child receives	45398
special education, if a district admits a child under division (C)	45399
of this section, tuition shall be paid to that district as	45400
follows:	45401

(1) If the child's parent is in a juvenile residential	45402
placement, by the district in which the child's parent resided at	45403
the time the parent became subject to the jurisdiction of the	45404
juvenile court;	45405

(2) If the child's parent is in a correctional facility, by	45406
the district in which the child's parent resided at the time the	45407
sentence was imposed;	45408

(3) If the child's parent is in a residential facility, by	45409
the district in which the parent resided at the time the parent	45410
was admitted to the residential facility, except that if the	45411
parent was transferred from another residential facility, tuition	45412
shall be paid by the district in which the parent resided at the	45413
time the parent was admitted to the facility from which the parent	45414
first was transferred;	45415

(4) In the event of a disagreement as to which school	45416
district is liable for tuition under division (C)(1), (2), or (3)	45417
of this section, the superintendent of public instruction shall	45418
determine which district shall pay tuition.	45419

(E) If a child covered by division (D) of this section	45420
receives special education in accordance with Chapter 3323. of the	45421
Revised Code, the tuition shall be paid in accordance with section	45422
3323.13 or 3323.14 of the Revised Code. Tuition for children who	45423
do not receive special education shall be paid in accordance with	45424
division (J) of section 3313.64 of the Revised Code.	45425

Sec. 3313.75. (A) The board of education of a city, exempted	45426
village, or local school district may authorize the opening of	45427
schoolhouses for any lawful purposes. ~~This~~	45428

(B) In accordance with this section and section 3313.77 of	45429
the Revised Code, a district board may rent or lease facilities	45430
under its control to any public or nonpublic institution of higher	45431
education for the institution's use in providing evening and	45432
summer classes.	45433

(C) This section does not authorize a board to rent or lease	45434
a schoolhouse when such rental or lease interferes with the public	45435
schools in such district, or for any purpose other than is	45436
authorized by law.	45437

Sec. 3313.842. (A) The boards of education or governing	45438
authorities of any two or more school districts or community	45439
schools may enter into an agreement for joint or cooperative	45440
establishment and operation of any educational program including	45441
any class, course, or program that may be included in a school	45442
district's or community school's graded course of study and staff	45443
development programs for teaching and nonteaching school	45444
employees. Each school district or community school that is party	45445
to such an agreement may contribute funds of the district or	45446
school in support of the agreement and for the establishment and	45447
operation of any educational program established under the	45448
agreement. The agreement shall designate one of the districts or	45449
community schools as ~~the district~~ responsible for receiving and	45450
disbursing the funds contributed by the ~~districts that are~~ parties	45451
to the agreement.	45452

(B) Notwithstanding sections 3313.48 and 3313.64 of the	45453
Revised Code, any school district that is party to an agreement	45454
for joint or cooperative establishment and operation of an	45455
educational program may charge fees or tuition for students who	45456
participate in the program and are entitled to attend school in	45457
the district under section 3313.64 or 3313.65 of the Revised Code.	45458
Except as otherwise provided in division (H) of section 3321.01 of	45459
the Revised Code, no community school that is party to the	45460
agreement shall charge fees or tuition for students who	45461
participate in the program and are reported by the school under	45462
division (B)(2) of section 3314.08 of the Revised Code.	45463

Sec. 3313.843. (A) Notwithstanding division (D) of section	45464
3311.52 of the Revised Code, this section does not apply to ~~either~~	45465
~~of the following:~~	45466

~~(1) Any~~any cooperative education school district;

45467

~~(2) Any city or exempted village school district with a total~~	45468
~~student count of thirteen thousand or more determined pursuant to~~	45469
~~section 3317.03 of the Revised Code that has not entered into one~~	45470
~~or more agreements pursuant to this section prior to July 1, 1993,~~	45471
~~unless the district's total student count did not exceed thirteen~~	45472
~~thousand at the time it entered into an initial agreement under~~	45473
~~this section~~.	45474

(B)(1) The board of education of aeach city or, exempted	45475
village, or local school district ~~and~~with a student count of	45476
sixteen thousand or less, as defined in section 3301.011 of the	45477
Revised Code, shall enter into an agreement with the governing	45478
board of an educational service center ~~may enter into an~~	45479
~~agreement, through adoption of identical resolutions~~, under which	45480
the educational service center governing board will provide	45481
services to the ~~city or exempted village school~~ district.	45482

(2) The board of education of a city, exempted village, or	45483
local school district with a student count of more than sixteen	45484
thousand may enter into an agreement with the governing board of	45485
an educational service center, under which the educational service	45486
center governing board will provide services to the district.	45487

(3) Services provided under ~~the~~an agreement entered into	45488
under division (B)(1) or (2) of this section shall be specified in	45489
the agreement, and may include any ~~one or a combination~~ of the	45490
following: supervisory teachers; in-service and continuing	45491
education programs for ~~city or exempted village school~~ district	45492
personnel; curriculum services ~~as provided to the local school~~	45493
~~districts under the supervision of the service center governing~~	45494
~~board~~; research and development programs; academic instruction for	45495
which the governing board employs teachers pursuant to section	45496
3319.02 of the Revised Code; ~~and~~ assistance in the provision of	45497
special accommodations and classes for students with disabilities;	45498
or any other services the district board and service center	45499
governing board agree can be better provided by the service center	45500
and are not provided under an agreement entered into under section	45501
3313.845 of the Revised Code. Services included in the agreement	45502
shall be provided to the ~~city or exempted village~~ district in the	45503
~~same~~ manner ~~they are provided to local school districts under the~~	45504
~~governing board's supervision, unless otherwise~~ specified in the	45505
agreement. The ~~city or exempted village~~district board of	45506
education shall reimburse the educational service center governing	45507
board pursuant to section 3317.11 of the Revised Code.	45508

(C) ~~If an educational service center received funding under~~	45509
~~division (B) of former section 3317.11 or division (F) of section~~	45510
~~3317.11 of the Revised Code for an agreement under this section~~	45511
~~involving a city school district whose total student count was~~	45512
~~less than thirteen thousand, the service center may continue to~~	45513
~~receive funding under that division for such an agreement in any~~	45514
~~subsequent year if the city district's total student count exceeds~~	45515
~~thirteen thousand. However, only the first thirteen thousand~~	45516
~~pupils in the formula ADM of such district shall be included in~~	45517
~~determining the amount of the per pupil subsidy the service center~~	45518
~~shall receive under division (F) of section 3317.11 of the Revised~~	45519
~~Code.~~	45520

~~(D)~~ Any agreement entered into pursuant to this section shall	45521
be ~~valid only if a copy is~~ filed with the department of education	45522
by the first day of July of the school year for which the	45523
agreement is in effect.	45524

(D)(1) An agreement for services from an educational service	45525
center entered into under this section may be terminated by the	45526
school district board of education, at its option, by notifying	45527
the governing board of the service center by January 1, 2012, or	45528
by the first day of January of any odd-numbered year thereafter,	45529
that the district board intends to terminate the agreement in that	45530
year, and that termination shall be effective on the thirtieth day	45531
of June of that year. The failure of a district board to notify an	45532
educational service center of its intent to terminate an agreement	45533
by the first day of January of an odd-numbered year shall result	45534
in renewal of the existing agreement for the following two school	45535
years.	45536

(2) If the school district that terminates an agreement for	45537
services under division (D)(1) of this section is also subject to	45538
the requirement of division (B)(1) of this section, the district	45539
board shall enter into a new agreement with a different	45540
educational service center so that the new agreement is effective	45541
on the first day of July of that same year.	45542

Sec. 3313.845. The board of education of a city, exempted	45543
village, or local school district and the governing board of an	45544
educational service center may enter into an agreement~~, through~~	45545
~~adoption of identical resolutions,~~ under which the educational	45546
service center will provide services to the school district.	45547
Services provided under the agreement and the amount to be paid	45548
for such services shall be mutually agreed to by the district	45549
board of education and the service center governing board, and	45550
shall be specified in the agreement. Payment for services	45551
specified in the agreement shall be made pursuant to division (D)	45552
of section 3317.11 of the Revised Code and shall not include any	45553
deduction under division (B), (C), or (F) of that section. Any	45554
agreement entered into pursuant to this section shall be valid	45555
only if a copy is filed with the department of education by the	45556
first day of the school year for which the agreement is in effect.	45557

The authority granted under this section to the boards of	45558
education of city ~~and~~, exempted village, and local school	45559
districts is in addition to the authority granted to such boards	45560
under section 3313.843 of the Revised Code. ~~No city or exempted~~	45561
~~village district that is eligible to receive services from an~~	45562
~~educational service center under section 3313.843 of the Revised~~	45563
~~Code may receive any of the services described in division (B) of~~	45564
~~that section pursuant to an agreement entered into with an~~	45565
~~educational service center under this section.~~	45566

~~If a local school district enters into an agreement with an~~	45567
~~educational service center under this section and the district is~~	45568
~~not located within the territory of the service center, the~~	45569
~~agreement shall not require the district to receive any~~	45570
~~supervisory services described in division (B) of section 3317.11~~	45571
~~of the Revised Code from the service center. The supervisory~~	45572
~~services described in that section shall be provided to the~~	45573
~~district by the educational service center of the territory in~~	45574
~~which the district is located.~~	45575

Sec. 3313.846. The governing board of an educational service	45576
center may enter into a contract with any political subdivision as	45577
defined in section 2744.01 of the Revised Code, not including	45578
school districts, community schools, or STEM schools contracting	45579
for services under section 3313.843, 3313.844, 3313.845, or	45580
3326.45 of the Revised Code, under which the educational service	45581
center will provide services to the political subdivision.	45582
Services provided under the contract and the amount to be paid for	45583
such services shall be mutually agreed to by the parties and shall	45584
be specified in the contract. The political subdivision shall	45585
directly pay an educational service center for services specified	45586
in the contract. The board of the educational service center shall	45587
file a copy of each contract entered into under this section with	45588
the department of education by the first day the contract is in	45589
effect.	45590

Sec. 3313.88. (A)(1) Prior to the first day of August of	45591
each school year, the board of education of any school district or	45592
the governing authority of any chartered nonpublic school may	45593
submit to the department of education a plan to require students	45594
to access and complete classroom lessons posted on the district's	45595
or nonpublic school's web portal or web site in order to make up	45596
days in that school year on which it is necessary to close schools	45597
for any of the reasons specified in division (B) of section	45598
3317.01 of the Revised Code in excess of the number of days	45599
permitted under sections 3313.48, 3313.481, and 3317.01 of the	45600
Revised Code.	45601

Prior to the first day of August of each school year, the	45602
governing authority of any community school established under	45603
Chapter 3314. that is not an internet- or computer-based community	45604
school, as defined in section 3314.02 of the Revised Code, may	45605
submit to the department a plan to require students to access and	45606
complete classroom lessons posted on the school's web portal or	45607
web site in order to make up days or hours in that school year on	45608
which it is necessary to close the school for any of the reasons	45609
specified in division (L)(4) of section 3314.08 of the Revised	45610
Code so that the school is in compliance with the minimum number	45611
of hours required under Chapter 3314. of the Revised Code.	45612

A plan submitted by a school district board or chartered	45613
nonpublic school governing authority shall provide for making up	45614
any number of days, up to a maximum of three days. A plan	45615
submitted by a community school governing authority shall provide	45616
for making up any number of hours, up to a maximum of the	45617
equivalent of three days. Provided the plan meets all requirements	45618
of this section, the department shall permit the board or	45619
governing authority to implement the plan for the applicable	45620
school year.	45621

(2) Each plan submitted under this section by a school	45622
district board of education shall include the written consent of	45623
the teachers' employee representative designated under division	45624
(B) of section 4117.04 of the Revised Code.	45625

(3) Each plan submitted under this section shall provide for	45626
the following:	45627

(a) Not later than the first day of November of the school	45628
year, each classroom teacher shall develop a sufficient number of	45629
lessons for each course taught by the teacher that school year to	45630
cover the number of make-up days or hours specified in the plan.	45631
The teacher shall designate the order in which the lessons are to	45632
be posted on the district's, community school's, or nonpublic	45633
school's web portal or web site in the event of a school closure.	45634
Teachers may be granted up to one professional development day to	45635
create lesson plans for those lessons.	45636

(b) To the extent possible and necessary, a classroom teacher	45637
shall update or replace, based on current instructional progress,	45638
one or more of the lesson plans developed under division (A)(3)(a)	45639
of this section before they are posted on the web portal or web	45640
site under division (A)(3)(c) of this section or distributed under	45641
division (B) of this section.	45642

(c) As soon as practicable after a school closure, a district	45643
or school employee responsible for web portal or web site	45644
operations shall make the designated lessons available to students	45645
on the district's, community school's, or nonpublic school's	45646
portal or site. A lesson shall be posted for each course that was	45647
scheduled to meet on the day or hours of the closure.	45648

(d) Each student enrolled in a course for which a lesson is	45649
posted on the portal or site shall be granted a two-week period	45650
from the date of posting to complete the lesson. The student's	45651
classroom teacher shall grade the lesson in the same manner as	45652
other lessons. The student may receive an incomplete or failing	45653
grade if the lesson is not completed on time.	45654

(e) If a student does not have access to a computer at the	45655
student's residence and the plan does not include blizzard bags	45656
under division (B) of this section, the student shall be permitted	45657
to work on the posted lessons at school after the student's school	45658
reopens. If the lessons were posted prior to the reopening, the	45659
student shall be granted a two-week period from the date of the	45660
reopening, rather than from the date of posting as otherwise	45661
required under division (A)(3)(d) of this section, to complete the	45662
lessons. The district board or community school or nonpublic	45663
school governing authority may provide the student access to a	45664
computer before, during, or after the regularly scheduled school	45665
day or may provide a substantially similar paper lesson in order	45666
to complete the lessons.	45667

(B)(1) In addition to posting classroom lessons online under	45668
division (A) of this section, the board of education of any school	45669
district or governing authority of any community or chartered	45670
nonpublic school may include in the plan distribution of "blizzard	45671
bags," which are paper copies of the lessons posted online.	45672

(2) If a school opts to use blizzard bags, teachers shall	45673
prepare paper copies in conjunction with the lessons to be posted	45674
online and update the paper copies whenever the teacher updates	45675
the online lesson plans.	45676

(3) The board of education of any school district or	45677
governing authority of any community or chartered nonpublic school	45678
that opts to use blizzard bags shall specify in the plan the	45679
method of distribution of blizzard bag lessons, which may include,	45680
but not be limited to, requiring distribution by a specific	45681
deadline or requiring distribution prior to anticipated school	45682
closure as directed by the superintendent of a school district or	45683
the principal, director, chief administrative officer, or the	45684
equivalent, of a school.	45685

(4) Students shall turn in completed lessons in accordance	45686
with division (A)(3)(d) of this section.	45687

(C)(1) No school district that implements a plan in	45688
accordance with this section shall be considered to have failed to	45689
comply with division (B) of section 3317.01 of the Revised Code	45690
with respect to the number of make-up days specified in the plan.	45691

(2) No community school that implements a plan in accordance	45692
with this section shall be considered to have failed to comply	45693
with the minimum number of hours required under Chapter 3314. of	45694
the Revised Code with respect to the number of make-up hours	45695
specified in the plan.	45696

Sec. 3313.911. The state board of education may adopt a	45697
resolution assigning a city, exempted village, or local school	45698
district that is not a part of a joint vocational school district	45699
to membership in a joint vocational school district. A copy of the	45700
resolution shall be certified to the board of education of the	45701
joint vocational school district and the board of education of the	45702
district proposed to be assigned. The board of education of the	45703
joint vocational school district shall advertise a copy of the	45704
resolution in a newspaper of general circulation in the district	45705
proposed to be assigned once each week for ~~at least~~ two weeks, or	45706
as provided in section 7.16 of the Revised Code, immediately	45707
following the certification of the resolution to the board. The	45708
assignment shall take effect on the ninety-first day after the	45709
state board adopts the resolution, unless prior to that date	45710
qualified electors residing in the school district proposed for	45711
assignment, equal in number to ten per cent of the qualified	45712
electors of that district voting at the last general election,	45713
file a petition against the assignment.	45714

The petition of referendum shall be filed with the treasurer	45715
of the board of education of the district proposed to be assigned	45716
to the joint vocational school district. The treasurer shall give	45717
the person presenting the petition a receipt showing the time of	45718
day, date, and purpose of the petition. The treasurer shall cause	45719
the board of elections to determine the sufficiency of signatures	45720
on the petition and if the signatures are found to be sufficient,	45721
shall present the petition to the board of education of the	45722
district. The board of education shall promptly certify the	45723
question to the board of elections for the purpose of having the	45724
question placed on the ballot at the next general, primary, or	45725
special election not earlier than sixty days after the date of the	45726
certification.	45727

Only those qualified electors residing in the district	45728
proposed for assignment to the joint vocational school district	45729
are qualified to vote on the question. If a majority of the	45730
electors voting on the question vote against the assignment, it	45731
shall not take place, and the state board of education shall	45732
require the district to contract with the joint vocational school	45733
district or another school district as authorized by section	45734
3313.91 of the Revised Code.	45735

If a majority of the electors voting on the question do not	45736
vote against the assignment, the assignment shall take immediate	45737
effect, and the board of education of the joint vocational school	45738
district shall notify the county auditor of the county in which	45739
the school district becoming a part of the joint vocational school	45740
district is located to have any outstanding levy of the joint	45741
vocational school district spread over the territory of the school	45742
district that has become a part of the joint vocational school	45743
district.	45744

The assignment of a school district to a joint vocational	45745
school district pursuant to this section is subject to any	45746
agreements made between the board of education of the assigned	45747
school district and the board of education of the joint vocational	45748
school district. Such an agreement may include provisions for a	45749
payment by the assigned school district to the joint vocational	45750
school district of an amount to be contributed toward the cost of	45751
the existing facilities of the joint vocational school district.	45752

On the assignment of a school district to a joint vocational	45753
school district pursuant to this section, the joint vocational	45754
school district's board of education shall submit a proposal to	45755
the state board of education to enlarge or reorganize the	45756
membership of the joint vocational school district's board of	45757
education if expansion or reorganization of the board is necessary	45758
in order to comply with section 3311.19 of the Revised Code.	45759

Sec. 3313.975. As used in this section and in sections	45760
3313.975 to 3313.979 of the Revised Code, "the pilot project	45761
school district" or "the district" means any school district	45762
included in the pilot project scholarship program pursuant to this	45763
section.	45764

(A) The superintendent of public instruction shall establish	45765
a pilot project scholarship program and shall include in such	45766
program any school districts that are or have ever been under	45767
federal court order requiring supervision and operational	45768
management of the district by the state superintendent. The	45769
program shall provide for a number of students residing in any	45770
such district to receive scholarships to attend alternative	45771
schools, and for an equal number of students to receive tutorial	45772
assistance grants while attending public school in any such	45773
district.	45774

(B) The state superintendent shall establish an application	45775
process and deadline for accepting applications from students	45776
residing in the district to participate in the scholarship	45777
program. In the initial year of the program students may only use	45778
a scholarship to attend school in grades kindergarten through	45779
third.	45780

The state superintendent shall award as many scholarships and	45781
tutorial assistance grants as can be funded given the amount	45782
appropriated for the program. In no case, however, shall more than	45783
fifty per cent of all scholarships awarded be used by students who	45784
were enrolled in a nonpublic school during the school year of	45785
application for a scholarship.	45786

(C)(1) The pilot project program shall continue in effect	45787
each year that the general assembly has appropriated sufficient	45788
money to fund scholarships and tutorial assistance grants. In each	45789
year the program continues, no new students may receive	45790
scholarships ~~unless they are enrolled~~ in grades kindergarten to	45791
~~eight~~twelve. ~~However, any~~A student who has received a	45792
scholarship ~~the preceding year~~ may continue to receive one until	45793
the student has completed grade ~~ten. Beginning in the 2005-2006~~	45794
~~academic year, a student who previously has received a scholarship~~	45795
~~may receive a scholarship in grade eleven. Beginning in the~~	45796
~~2006-2007 academic year, a student who previously has received a~~	45797
~~scholarship may receive a scholarship in grade~~ twelve.	45798

(2) If the general assembly discontinues the scholarship	45799
program, all students who are attending an alternative school	45800
under the pilot project shall be entitled to continued admittance	45801
to that specific school through all grades that are provided in	45802
such school, under the same conditions as when they were	45803
participating in the pilot project. The state superintendent shall	45804
continue to make scholarship payments in accordance with division	45805
(A) or (B) of section 3313.979 of the Revised Code for students	45806
who remain enrolled in an alternative school under this provision	45807
in any year that funds have been appropriated for this purpose.	45808

If funds are not appropriated, the tuition charged to the	45809
parents of a student who remains enrolled in an alternative school	45810
under this provision shall not be increased beyond the amount	45811
equal to the amount of the scholarship plus any additional amount	45812
charged that student's parent in the most recent year of	45813
attendance as a participant in the pilot project, except that	45814
tuition for all the students enrolled in such school may be	45815
increased by the same percentage.	45816

(D) Notwithstanding sections 124.39, 3307.54, and 3319.17 of	45817
the Revised Code, if the pilot project school district experiences	45818
a decrease in enrollment due to participation in a state-sponsored	45819
scholarship program pursuant to sections 3313.974 to 3313.979 of	45820
the Revised Code, the district board of education may enter into	45821
an agreement with any teacher it employs to provide to that	45822
teacher severance pay or early retirement incentives, or both, if	45823
the teacher agrees to terminate the employment contract with the	45824
district board, provided any collective bargaining agreement in	45825
force pursuant to Chapter 4117. of the Revised Code does not	45826
prohibit such an agreement for termination of a teacher's	45827
employment contract.	45828

Sec. 3313.978. (A) Annually by the first day of November,	45829
the superintendent of public instruction shall notify the pilot	45830
project school district of the number of initial scholarships that	45831
the state superintendent will be awarding in each of grades	45832
kindergarten through ~~eight~~twelve.	45833

The state superintendent shall provide information about the	45834
scholarship program to all students residing in the district,	45835
shall accept applications from any such students until such date	45836
as shall be established by the state superintendent as a deadline	45837
for applications, and shall establish criteria for the selection	45838
of students to receive scholarships from among all those applying	45839
prior to the deadline, which criteria shall give preference to	45840
students from low-income families. For each student selected, the	45841
state superintendent shall also determine whether the student	45842
qualifies for seventy-five or ninety per cent of the scholarship	45843
amount. Students whose family income is at or above two hundred	45844
per cent of the maximum income level established by the state	45845
superintendent for low-income families shall qualify for	45846
seventy-five per cent of the scholarship amount and students whose	45847
family income is below two hundred per cent of that maximum income	45848
level shall qualify for ninety per cent of the scholarship amount.	45849
The state superintendent shall notify students of their selection	45850
prior to the fifteenth day of January and whether they qualify for	45851
seventy-five or ninety per cent of the scholarship amount.	45852

(1) A student receiving a pilot project scholarship may	45853
utilize it at an alternative public school by notifying the	45854
district superintendent, at any time before the beginning of the	45855
school year, of the name of the public school in an adjacent	45856
school district to which the student has been accepted pursuant to	45857
section 3327.06 of the Revised Code.	45858

(2) A student may decide to utilize a pilot project	45859
scholarship at a registered private school in the district if all	45860
of the following conditions are met:	45861

(a) By the fifteenth day of February of the preceding school	45862
year, or at any time prior to the start of the school year, the	45863
parent makes an application on behalf of the student to a	45864
registered private school.	45865

(b) The registered private school notifies the parent and the	45866
state superintendent as follows that the student has been	45867
admitted:	45868

(i) By the fifteenth day of March of the preceding school	45869
year if the student filed an application by the fifteenth day of	45870
February and was admitted by the school pursuant to division (A)	45871
of section 3313.977 of the Revised Code;	45872

(ii) Within one week of the decision to admit the student if	45873
the student is admitted pursuant to division (C) of section	45874
3313.977 of the Revised Code.	45875

(c) The student actually enrolls in the registered private	45876
school to which the student was first admitted or in another	45877
registered private school in the district or in a public school in	45878
an adjacent school district.	45879

(B) The state superintendent shall also award in any school	45880
year tutorial assistance grants to a number of students equal to	45881
the number of students who receive scholarships under division (A)	45882
of this section. Tutorial assistance grants shall be awarded	45883
solely to students who are enrolled in the public schools of the	45884
district in a grade level covered by the pilot project. Tutorial	45885
assistance grants may be used solely to obtain tutorial assistance	45886
from a provider approved pursuant to division (D) of section	45887
3313.976 of the Revised Code.	45888

All students wishing to obtain tutorial assistance grants	45889
shall make application to the state superintendent by the first	45890
day of the school year in which the assistance will be used. The	45891
state superintendent shall award assistance grants in accordance	45892
with criteria the superintendent shall establish. For each student	45893
awarded a grant, the state superintendent shall also determine	45894
whether the student qualifies for seventy-five or ninety per cent	45895
of the grant amount and so notify the student. Students whose	45896
family income is at or above two hundred per cent of the maximum	45897
income level established by the state superintendent for	45898
low-income families shall qualify for seventy-five per cent of the	45899
grant amount and students whose family income is below two hundred	45900
per cent of that maximum income level shall qualify for ninety per	45901
cent of the grant amount.	45902

(C)(1) In the case of basic scholarships for students in	45903
grades kindergarten through eight, the scholarship amount shall	45904
not exceed the lesser of the tuition charges of the alternative	45905
school the scholarship recipient attends or three thousand dollars	45906
before fiscal year 2007 ~~and~~, three thousand four hundred fifty	45907
dollars in fiscal year 2007 through fiscal year 2011, and four	45908
thousand two hundred fifty dollars in fiscal year 2012 and	45909
thereafter.	45910

In the case of basic scholarships for students in grades nine	45911
through twelve, the scholarship amount shall not exceed the lesser	45912
of the tuition charges of the alternative school the scholarship	45913
recipient attends or two thousand seven hundred dollars before	45914
fiscal year 2007 ~~and~~, three thousand four hundred fifty dollars in	45915
fiscal year 2007 through fiscal year 2011, and five thousand	45916
dollars in fiscal year 2012 and thereafter.	45917

(2) The state superintendent shall provide for an increase in	45918
the basic scholarship amount in the case of any student who is a	45919
mainstreamed student with a disability and shall further increase	45920
such amount in the case of any separately educated student with a	45921
disability. Such increases shall take into account the	45922
instruction, related services, and transportation costs of	45923
educating such students.	45924

(3) In the case of tutorial assistance grants, the grant	45925
amount shall not exceed the lesser of the provider's actual	45926
charges for such assistance or:	45927

(a) Before fiscal year 2007, a percentage established by the	45928
state superintendent, not to exceed twenty per cent, of the amount	45929
of the pilot project school district's average basic scholarship	45930
amount;	45931

(b) In fiscal year 2007 and thereafter, four hundred dollars.

45932

(4) No scholarship or tutorial assistance grant shall be	45933
awarded unless the state superintendent determines that	45934
twenty-five or ten per cent, as applicable, of the amount	45935
specified for such scholarship or grant pursuant to division	45936
(C)(1), (2), or (3) of this section will be furnished by a	45937
political subdivision, a private nonprofit or for profit entity,	45938
or another person. Only seventy-five or ninety per cent of such	45939
amounts, as applicable, shall be paid from state funds pursuant to	45940
section 3313.979 of the Revised Code.	45941

(D)(1) Annually by the first day of November, the state	45942
superintendent shall estimate the maximum per-pupil scholarship	45943
amounts for the ensuing school year. The state superintendent	45944
shall make this estimate available to the general public at the	45945
offices of the district board of education together with the forms	45946
required by division (D)(2) of this section.	45947

(2) Annually by the fifteenth day of January, the chief	45948
administrator of each registered private school located in the	45949
pilot project district and the principal of each public school in	45950
such district shall complete a parental information form and	45951
forward it to the president of the board of education. The	45952
parental information form shall be prescribed by the department of	45953
education and shall provide information about the grade levels	45954
offered, the numbers of students, tuition amounts, achievement	45955
test results, and any sectarian or other organizational	45956
affiliations.	45957

(E)(1) Only for the purpose of administering the pilot	45958
project scholarship program, the department may request from any	45959
of the following entities the data verification code assigned	45960
under division (D)(2) of section 3301.0714 of the Revised Code to	45961
any student who is seeking a scholarship under the program:	45962

(a) The school district in which the student is entitled to	45963
attend school under section 3313.64 or 3313.65 of the Revised	45964
Code;	45965

(b) If applicable, the community school in which the student	45966
is enrolled;	45967

(c) The independent contractor engaged to create and maintain	45968
data verification codes.	45969

(2) Upon a request by the department under division (E)(1) of	45970
this section for the data verification code of a student seeking a	45971
scholarship or a request by the student's parent for that code,	45972
the school district or community school shall submit that code to	45973
the department or parent in the manner specified by the	45974
department. If the student has not been assigned a code, because	45975
the student will be entering kindergarten during the school year	45976
for which the scholarship is sought, the district shall assign a	45977
code to that student and submit the code to the department or	45978
parent by a date specified by the department. If the district does	45979
not assign a code to the student by the specified date, the	45980
department shall assign a code to the student.	45981

The department annually shall submit to each school district	45982
the name and data verification code of each student residing in	45983
the district who is entering kindergarten, who has been awarded a	45984
scholarship under the program, and for whom the department has	45985
assigned a code under this division.	45986

(3) The department shall not release any data verification	45987
code that it receives under division (E) of this section to any	45988
person except as provided by law.	45989

(F) Any document relative to the pilot project scholarship	45990
program that the department holds in its files that contains both	45991
a student's name or other personally identifiable information and	45992
the student's data verification code shall not be a public record	45993
under section 149.43 of the Revised Code.	45994

(G)(1) The department annually shall compile the scores	45995
attained by scholarship students enrolled in registered private	45996
schools on the assessments administered to the students pursuant	45997
to division (A)(11) of section 3313.976 of the Revised Code. The	45998
scores shall be aggregated as follows:	45999

(a) By school district, which shall include all scholarship	46000
students residing in the pilot project school district who are	46001
enrolled in a registered private school and were required to take	46002
an assessment pursuant to division (A)(11) of section 3313.976 of	46003
the Revised Code;	46004

(b) By registered private school, which shall include all	46005
scholarship students enrolled in that school who were required to	46006
take an assessment pursuant to division (A)(11) of section	46007
3313.976 of the Revised Code.	46008

(2) The department shall disaggregate the student performance	46009
data described in division (G)(1) of this section according to the	46010
following categories:	46011

(a) Age;

46012

(b) Race and ethnicity;

46013

46014

(d) Students who have participated in the scholarship program	46015
for three or more years;	46016

(e) Students who have participated in the scholarship program	46017
for more than one year and less than three years;	46018

(f) Students who have participated in the scholarship program	46019
for one year or less;	46020

(g) Economically disadvantaged students.

46021

(3) The department shall post the student performance data	46022
required under divisions (G)(1) and (2) of this section on its web	46023
site and shall include that data in the information about the	46024
scholarship program provided to students under division (A) of	46025
this section. In reporting student performance data under this	46026
division, the department shall not include any data that is	46027
statistically unreliable or that could result in the	46028
identification of individual students. For this purpose, the	46029
department shall not report performance data for any group that	46030
contains less than ten students.	46031

(4) The department shall provide the parent of each	46032
scholarship student enrolled in a registered private school with	46033
information comparing the student's performance on the assessments	46034
administered pursuant to division (A)(11) of section 3313.976 of	46035
the Revised Code with the average performance of similar students	46036
enrolled in the building operated by the pilot project school	46037
district that the scholarship student would otherwise attend. In	46038
calculating the performance of similar students, the department	46039
shall consider age, grade, race and ethnicity, gender, and	46040
socioeconomic status.	46041

Sec. 3313.981. (A) The state board of education shall adopt	46042
rules requiring all of the following:	46043

(1) The board of education of each city, exempted village,	46044
and local school district to annually report to the department of	46045
education all of the following:	46046

(a) The number of adjacent district or other district	46047
students, as applicable, and adjacent district or other district	46048
joint vocational students, as applicable, enrolled in the district	46049
and the number of native students enrolled in adjacent or other	46050
districts, in accordance with a policy adopted under division (B)	46051
of section 3313.98 of the Revised Code;	46052

(b) Each adjacent district or other district student's or	46053
adjacent district or other district joint vocational student's	46054
date of enrollment in the district;	46055

(c) The full-time equivalent number of adjacent district or	46056
other district students enrolled in vocational education programs	46057
or classes described in division (A) of section 3317.014 of the	46058
Revised Code and the full-time equivalent number of such students	46059
enrolled in vocational education programs or classes described in	46060
division (B) of that section;	46061

(d) Each native student's date of enrollment in an adjacent	46062
or other district.	46063

(2) The board of education of each joint vocational school	46064
district to annually report to the department all of the	46065
following:	46066

(a) The number of adjacent district or other district joint	46067
vocational students, as applicable, enrolled in the district;	46068

(b) The full-time equivalent number of adjacent district or	46069
other district joint vocational students enrolled in vocational	46070
education programs or classes described in division (A) of section	46071
3317.014 of the Revised Code and the full-time equivalent number	46072
of such students enrolled in vocational education programs or	46073
classes described in division (B) of that section;	46074

(c) For each adjacent district or other district joint	46075
vocational student, the city, exempted village, or local school	46076
district in which the student is also enrolled.	46077

(3) Prior to the first full school week in October each year,	46078
the superintendent of each city, local, or exempted village school	46079
district that admits adjacent district or other district students	46080
or adjacent district or other district joint vocational students	46081
in accordance with a policy adopted under division (B) of section	46082
3313.98 of the Revised Code to notify each adjacent or other	46083
district where those students are entitled to attend school under	46084
section 3313.64 or 3313.65 of the Revised Code of the number of	46085
the adjacent or other district's native students who are enrolled	46086
in the superintendent's district under the policy.	46087

The rules shall provide for the method of counting students	46088
who are enrolled for part of a school year in an adjacent or other	46089
district or as an adjacent district or other district joint	46090
vocational student.	46091

(B) From the payments made to a city, exempted village, or	46092
local school district under Chapter ~~3306.~~3317. of the Revised	46093
Code and, if necessary, from the payments made to the district	46094
under sections 321.24 and 323.156 of the Revised Code, the	46095
department of education shall annually subtract both of the	46096
following:	46097

(1) An amount equal to the number of the district's native	46098
students reported under division (A)(1) of this section who are	46099
enrolled in adjacent or other school districts pursuant to	46100
policies adopted by such districts under division (B) of section	46101
3313.98 of the Revised Code multiplied by the adjusted formula	46102
amount;	46103

(2) The excess costs computed in accordance with division (E)	46104
of this section for any such native students receiving special	46105
education and related services in adjacent or other school	46106
districts or as an adjacent district or other district joint	46107
vocational student;	46108

(3) For the full-time equivalent number of the district's	46109
native students reported under division (A)(1)(c) or (2)(b) of	46110
this section as enrolled in vocational education programs or	46111
classes described in section 3317.014 of the Revised Code, an	46112
amount equal to ~~the formula amount~~$5,732 times the applicable	46113
multiple prescribed by that section.	46114

(C) To the payments made to a city, exempted village, or	46115
local school district under Chapter ~~3306.~~3317. of the Revised	46116
Code, the department of education shall annually add all of the	46117
following:	46118

(1) An amount equal to the adjusted formula amount multiplied	46119
by the remainder obtained by subtracting the number of adjacent	46120
district or other district joint vocational students from the	46121
number of adjacent district or other district students enrolled in	46122
the district, as reported under division (A)(1) of this section;	46123

(2) The excess costs computed in accordance with division (E)	46124
of this section for any adjacent district or other district	46125
students, except for any adjacent or other district joint	46126
vocational students, receiving special education and related	46127
services in the district;	46128

(3) For the full-time equivalent number of the adjacent or	46129
other district students who are not adjacent district or other	46130
district joint vocational students and are reported under division	46131
(A)(1)(c) of this section as enrolled in vocational education	46132
programs or classes described in section 3317.014 of the Revised	46133
Code, an amount equal to ~~the formula amount~~$5,732 times the	46134
applicable multiple prescribed by that section;	46135

(4) An amount equal to the number of adjacent district or	46136
other district joint vocational students reported under division	46137
(A)(1) of this section multiplied by an amount equal to twenty per	46138
cent of the adjusted formula amount.	46139

(D) To the payments made to a joint vocational school	46140
district under Chapter 3317. of the Revised Code, the department	46141
of education shall add, for each adjacent district or other	46142
district joint vocational student reported under division (A)(2)	46143
of this section, both of the following:	46144

(1) The adjusted formula amount;

46145

(2) An amount equal to the full-time equivalent number of	46146
students reported pursuant to division (A)(2)(b) of this section	46147
times ~~the formula amount~~$5,732 times the applicable multiple	46148
prescribed by section 3317.014 of the Revised Code.	46149

(E)(1) A city, exempted village, or local school board	46150
providing special education and related services to an adjacent or	46151
other district student in accordance with an IEP shall, pursuant	46152
to rules of the state board, compute the excess costs to educate	46153
such student as follows:	46154

(a) Subtract the adjusted formula amount from the actual	46155
costs to educate the student;	46156

(b) From the amount computed under division (E)(1)(a) of this	46157
section subtract the amount of any funds received by the district	46158
under Chapter ~~3306.~~3317. of the Revised Code to provide special	46159
education and related services to the student.	46160

(2) The board shall report the excess costs computed under	46161
this division to the department of education.	46162

(3) If any student for whom excess costs are computed under	46163
division (E)(1) of this section is an adjacent or other district	46164
joint vocational student, the department of education shall add	46165
the amount of such excess costs to the payments made under Chapter	46166
~~3306.~~3317. of the Revised Code to the joint vocational school	46167
district enrolling the student.	46168

(F) As provided in division (D)(1)(b) of section 3317.03 of	46169
the Revised Code, no joint vocational school district shall count	46170
any adjacent or other district joint vocational student enrolled	46171
in the district in its formula ADM certified under section 3317.03	46172
of the Revised Code.	46173

(G) No city, exempted village, or local school district shall	46174
receive a payment under division (C) of this section for a	46175
student, and no joint vocational school district shall receive a	46176
payment under division (D) of this section for a student, if for	46177
the same school year that student is counted in the district's	46178
formula ADM certified under section 3317.03 of the Revised Code.	46179

(H) Upon request of a parent, and provided the board offers	46180
transportation to native students of the same grade level and	46181
distance from school under section 3327.01 of the Revised Code, a	46182
city, exempted village, or local school board enrolling an	46183
adjacent or other district student shall provide transportation	46184
for the student within the boundaries of the board's district,	46185
except that the board shall be required to pick up and drop off a	46186
nonhandicapped student only at a regular school bus stop	46187
designated in accordance with the board's transportation policy.	46188
Pursuant to rules of the state board of education, such board may	46189
reimburse the parent from funds received for pupil transportation	46190
under section ~~3306.12~~3317.0212 of the Revised Code, or other	46191
provisions of law, for the reasonable cost of transportation from	46192
the student's home to the designated school bus stop if the	46193
student's family has an income below the federal poverty line.	46194

Sec. 3314.01. (A)(1) A board of education may permit all or	46195
part of any of the schools under its control, upon request of a	46196
proposing person or, group of individuals, or entity and provided	46197
the person or, group of individuals, or entity meets the	46198
requirements of this chapter, to become a community school.	46199

(2) Any person or, group of individuals, or entity may	46200
propose the creation of a community school pursuant to the	46201
provisions of this chapter. No nonpublic chartered or nonchartered	46202
school in existence on January 1, 1997, is eligible to become a	46203
community school under this chapter.	46204

(B) A community school created under this chapter is a public	46205
school, independent of any school district, and is part of the	46206
state's program of education. A community school may sue and be	46207
sued, acquire facilities as needed, contract for any services	46208
necessary for the operation of the school, and enter into	46209
contracts with a sponsor pursuant to this chapter. The governing	46210
authority of a community school may carry out any act and ensure	46211
the performance of any function that is in compliance with the	46212
Ohio Constitution, this chapter, other statutes applicable to	46213
community schools, and the contract entered into under this	46214
chapter establishing the school.	46215

Sec. 3314.013. (A)~~(1) Until July 1, 2000, no more than~~	46216
~~seventy-five contracts between start-up schools and the state~~	46217
~~board of education may be in effect outside the pilot project area~~	46218
~~at any time under this chapter.~~	46219

~~(2) After July 1, 2000, and until July 1, 2001, no more than~~	46220
~~one hundred twenty-five contracts between start-up schools and the~~	46221
~~state board of education may be in effect outside the pilot~~	46222
~~project area at any time under this chapter.~~	46223

~~(3) This division applies only to contracts between start-up~~	46224
~~schools and the state board of education and contracts between~~	46225
~~start-up schools and entities described in divisions (C)(1)(b) to~~	46226
~~(f) of section 3314.02 of the Revised Code.~~	46227

~~Until July 1, 2005, not more than two hundred twenty-five~~	46228
~~contracts to which this division applies may be in effect at any~~	46229
~~time under this chapter.~~	46230

~~(4) This division applies only to contracts between start-up~~	46231
~~schools and entities described in divisions (C)(1)(b) to (f) of~~	46232
~~section 3314.02 of the Revised Code.~~	46233

~~Except as otherwise provided in section 3314.014 of the~~	46234
~~Revised Code, after July 1, 2005, and until July 1, 2007, the~~	46235
~~number of contracts to which this division applies in effect at~~	46236
~~any time under this chapter shall be not more than thirty plus the~~	46237
~~number of such contracts with schools that were open for operation~~	46238
~~as of May 1, 2005.~~	46239

~~(5) This division applies only to contracts between a~~	46240
~~conversion school that is an internet- or computer-based community~~	46241
~~school or a start-up school and the board of education of the~~	46242
~~school district in which the school is or is proposed to be~~	46243
~~located.~~	46244

~~Except as otherwise provided in section 3314.014 of the~~	46245
~~Revised Code, until July 1, 2007, the number of contracts to which~~	46246
~~this division applies in effect at any time under this chapter~~	46247
~~shall be not more than thirty plus the number of such contracts~~	46248
~~with schools that were open for operation as of May 1, 2005.~~	46249

~~(6)~~ Until the effective date of any standards enacted by the	46250
general assembly governing the operation of internet- or	46251
computer-based community schools, no internet- or computer-based	46252
community school shall operate unless the school was open for	46253
instruction as of May 1, 2005. No entity described in division	46254
(C)(1) of section 3314.02 of the Revised Code shall enter into a	46255
contract to sponsor an internet- or computer-based community	46256
school, including a conversion school, between May 1, 2005, and	46257
the effective date of any standards enacted by the general	46258
assembly governing the operation of internet- or computer-based	46259
community schools, except as follows:	46260

~~(a) Any~~(1) The entity ~~described in division (C)(1) of that~~	46261
~~section~~ may renew a contract that the entity entered into with an	46262
internet- or computer-based community school prior to May 1, 2005,	46263
if the school was open for operation as of that date.	46264

~~(b) Any~~(2) The entity ~~described in divisions (C)(1)(a) to~~	46265
~~(e) of that section~~ may assume sponsorship of an existing	46266
internet- or computer-based community school that was formerly	46267
sponsored by another entity and may enter into a contract with	46268
that community school in accordance with section 3314.03 of the	46269
Revised Code.	46270

~~(c) Any entity described in division (C)(1)(f) of that~~	46271
~~section may assume sponsorship of an existing internet- or~~	46272
~~computer-based community school in accordance with division (A)(7)~~	46273
~~of this section and may enter into a contract with that community~~	46274
~~school in accordance with section 3314.03 of the Revised Code.~~	46275

If a sponsor entered into a contract with an internet- or	46276
computer-based community school, including a conversion school,	46277
but the school was not open for operation as of May 1, 2005, the	46278
contract shall be void and the entity shall not enter into another	46279
contract with the school until the effective date of any standards	46280
enacted by the general assembly governing the operation of	46281
internet- or computer-based community schools.	46282

~~(7) Until July 1, 2005, any entity described in division~~	46283
~~(C)(1)(f) of section 3314.02 of the Revised Code may sponsor only~~	46284
~~a community school that formerly was sponsored by the state board~~	46285
~~of education under division (C)(1)(d) of that section, as it~~	46286
~~existed prior to April 8, 2003. After July 1, 2005, any such~~	46287
~~entity may assume sponsorship of any existing community school,~~	46288
~~and may sponsor any new community school that is not an internet-~~	46289
~~or computer-based community school. Beginning on the effective~~	46290
~~date of any standards enacted by the general assembly governing~~	46291
~~the operation of internet- or computer-based community schools,~~	46292
~~any such entity may sponsor a new internet- or computer-based~~	46293
~~community school.~~	46294

~~(8)~~(B) Nothing in division (A) of this section prohibits aan	46295
internet- or computer-based community school from increasing the	46296
number of grade levels it offers.	46297

~~(B) Within twenty-four hours of a request by any person, the~~	46298
~~superintendent of public instruction shall indicate the number of~~	46299
~~preliminary agreements for start-up schools currently outstanding~~	46300
~~and the number of contracts for these schools in effect at the~~	46301
~~time of the request.~~	46302

(C) ~~It is the intent of the general assembly to consider~~	46303
~~whether to provide limitations on the number of start-up community~~	46304
~~schools after July 1, 2001, following its examination of the~~	46305
~~results of the studies by the legislative office of education~~	46306
~~oversight required under Section 50.39 of Am. Sub. H.B. No. 215 of~~	46307
~~the 122nd general assembly and Section 50.52.2 of Am. Sub. H.B.~~	46308
~~No. 215 of the 122nd general assembly, as amended by Am. Sub. H.B.~~	46309
~~No. 770 of the 122nd general assembly~~Not later than July 1, 2013,	46310
the superintendent of public instruction, the chancellor of the	46311
Ohio board of regents, and the director of the governor's office	46312
of 21st century education jointly shall develop standards for the	46313
operation of internet- and computer-based community schools. The	46314
superintendent shall submit those standards to the speaker of the	46315
house of representatives and the president of the senate for	46316
consideration of enactment by the general assembly.	46317

Sec. 3314.015. (A) The department of education shall be	46318
responsible for the oversight of any and all sponsors of the	46319
community schools established under this chapter and shall provide	46320
technical assistance to schools and sponsors in their compliance	46321
with applicable laws and the terms of the contracts entered into	46322
under section 3314.03 of the Revised Code and in the development	46323
and start-up activities of those schools. In carrying out its	46324
duties under this section, the department shall do all of the	46325
following:	46326

(1) In providing technical assistance to proposing parties,	46327
governing authorities, and sponsors, conduct training sessions and	46328
distribute informational materials;	46329

(2) Approve entities to be sponsors of community schools;

46330

(3) Monitor the effectiveness of any and all sponsors in	46331
their oversight of the schools with which they have contracted;	46332

(4) By December thirty-first of each year, issue a report to	46333
the governor, the speaker of the house of representatives, the	46334
president of the senate, and the chairpersons of the house and	46335
senate committees principally responsible for education matters	46336
regarding the effectiveness of academic programs, operations, and	46337
legal compliance and of the financial condition of all community	46338
schools established under this chapter and on the performance of	46339
community school sponsors;	46340

(5) From time to time, make legislative recommendations to	46341
the general assembly designed to enhance the operation and	46342
performance of community schools.	46343

(B)(1) Except as provided in sections 3314.021 and 3314.027	46344
of the Revised Code, no entity listed in division (C)(1) of	46345
section 3314.02 of the Revised Code shall enter into a preliminary	46346
agreement under division (C)(2) of section 3314.02 of the Revised	46347
Code until it has received approval from the department of	46348
education to sponsor community schools under this chapter and has	46349
entered into a written agreement with the department regarding the	46350
manner in which the entity will conduct such sponsorship. The	46351
department shall adopt in accordance with Chapter 119. of the	46352
Revised Code rules containing criteria, procedures, and deadlines	46353
for processing applications for such approval, for oversight of	46354
sponsors, for revocation of the approval of sponsors, and for	46355
entering into written agreements with sponsors. The rules shall	46356
require an entity to submit evidence of the entity's ability and	46357
willingness to comply with the provisions of division (D) of	46358
section 3314.03 of the Revised Code. The rules also shall require	46359
entities approved as sponsors on and after June 30, 2005, to	46360
demonstrate a record of financial responsibility and successful	46361
implementation of educational programs. If an entity seeking	46362
approval on or after June 30, 2005, to sponsor community schools	46363
in this state sponsors or operates schools in another state, at	46364
least one of the schools sponsored or operated by the entity must	46365
be comparable to or better than the performance of Ohio schools in	46366
need of continuous improvement under section 3302.03 of the	46367
Revised Code, as determined by the department.	46368

AnSubject to section 3314.016 of the Revised Code, an entity	46369
that sponsors community schools may enter into preliminary	46370
agreements and sponsor up to one hundred schools ~~as follows~~,	46371
provided each school and the contract for sponsorship meets the	46372
requirements of this chapter:	46373

~~(a) An entity that sponsored fifty or fewer schools that were~~	46374
~~open for operation as of May 1, 2005, may sponsor not more than~~	46375
~~fifty schools.~~	46376

~~(b) An entity that sponsored more than fifty but not more~~	46377
~~than seventy-five schools that were open for operation as of May~~	46378
~~1, 2005, may sponsor not more than the number of schools the~~	46379
~~entity sponsored that were open for operation as of May 1, 2005.~~	46380

~~(c) Until June 30, 2006, an entity that sponsored more than~~	46381
~~seventy-five schools that were open for operation as of May 1,~~	46382
~~2005, may sponsor not more than the number of schools the entity~~	46383
~~sponsored that were open for operation as of May 1, 2005. After~~	46384
~~June 30, 2006, such an entity may sponsor not more than~~	46385
~~seventy-five schools.~~	46386

~~Upon approval of an entity to be a sponsor under this~~	46387
~~division, the department shall notify the entity of the number of~~	46388
~~schools the entity may sponsor.~~	46389

~~The limit imposed on an entity to which division (B)(1) of~~	46390
~~this section applies shall be decreased by one for each school~~	46391
~~sponsored by the entity that permanently closes.~~	46392

~~If at any time an entity exceeds the number of schools it may~~	46393
~~sponsor under this division, the department shall assist the~~	46394
~~schools in excess of the entity's limit in securing new sponsors.~~	46395
~~If a school is unable to secure a new sponsor, the department~~	46396
~~shall assume sponsorship of the school in accordance with division~~	46397
~~(C) of this section. Those schools for which another sponsor or~~	46398
~~the department assumes sponsorship shall be the schools that most~~	46399
~~recently entered into contracts with the entity under section~~	46400
~~3314.03 of the Revised Code~~.	46401

(2) The department of education shall determine, pursuant to	46402
criteria adopted by rule of the department, whether the mission	46403
proposed to be specified in the contract of a community school to	46404
be sponsored by a state university board of trustees or the	46405
board's designee under division (C)(1)(e) of section 3314.02 of	46406
the Revised Code complies with the requirements of that division.	46407
Such determination of the department is final.	46408

(3) The department of education shall determine, pursuant to	46409
criteria adopted by rule of the department, if any tax-exempt	46410
entity under section 501(c)(3) of the Internal Revenue Code that	46411
is proposed to be a sponsor of a community school is an	46412
education-oriented entity for purpose of satisfying the condition	46413
prescribed in division (C)(1)(f)(iii) of section 3314.02 of the	46414
Revised Code. Such determination of the department is final.	46415

(C) If at any time the state board of education finds that a	46416
sponsor is not in compliance or is no longer willing to comply	46417
with its contract with any community school or with the	46418
department's rules for sponsorship, the state board or designee	46419
shall conduct a hearing in accordance with Chapter 119. of the	46420
Revised Code on that matter. If after the hearing, the state board	46421
or designee has confirmed the original finding, the department of	46422
education may revoke the sponsor's approval to sponsor community	46423
schools and may assume the sponsorship of any schools with which	46424
the sponsor has contracted until the earlier of the expiration of	46425
two school years or until a new sponsor as described in division	46426
(C)(1) of section 3314.02 of the Revised Code is secured by the	46427
school's governing authority. The department may extend the term	46428
of the contract in the case of a school for which it has assumed	46429
sponsorship under this division as necessary to accommodate the	46430
term of the department's authorization to sponsor the school	46431
specified in this division.	46432

(D) The decision of the department to disapprove an entity	46433
for sponsorship of a community school or to revoke approval for	46434
such sponsorship under division (C) of this section, may be	46435
appealed by the entity in accordance with section 119.12 of the	46436
Revised Code.	46437

(E) The department shall adopt procedures for use by a	46438
community school governing authority and sponsor when the school	46439
permanently closes and ceases operation, which shall include at	46440
least procedures for data reporting to the department, handling of	46441
student records, distribution of assets in accordance with section	46442
3314.074 of the Revised Code, and other matters related to ceasing	46443
operation of the school.	46444

(F) In carrying out its duties under this chapter, the	46445
department shall not impose requirements on community schools or	46446
their sponsors that are not permitted by law or duly adopted	46447
rules.	46448

Sec. 3314.016. This section applies to any entity that	46449
sponsors a community school, regardless of whether section	46450
3314.021 or 3314.027 of the Revised Code exempts the entity from	46451
the requirement to be approved for sponsorship under divisions	46452
(A)(2) and (B)(1) of section 3314.015 of the Revised Code.	46453

(A) An entity that sponsors a community school on the	46454
effective date of this section shall be permitted to enter into	46455
contracts under section 3314.03 of the Revised Code to sponsor	46456
additional community schools only if the entity meets both of the	46457
following criteria:	46458

(1) The entity is in compliance with all provisions of this	46459
chapter requiring sponsors of community schools to report data or	46460
information to the department.	46461

(2) The entity is not ranked in the lowest ten per cent of	46462
community school sponsors on the ranking prescribed by division	46463
(B) of this section.	46464

(B) For purposes of this section, the department shall	46465
develop a composite performance index score, as defined in section	46466
3302.01 of the Revised Code, that measures the academic	46467
performance of students enrolled in all community schools	46468
sponsored by the same entity. The department annually shall rank	46469
all entities that sponsor community schools from highest to lowest	46470
according to the entities' composite performance index scores.	46471

Sec. 3314.02. (A) As used in this chapter:

46472

(1) "Sponsor" means an entity listed in division (C)(1) of	46473
this section, which has been approved by the department of	46474
education to sponsor community schools and with which the	46475
governing authority of the proposed community school enters into a	46476
contract pursuant to this section.	46477

(2) "Pilot project area" means the school districts included	46478
in the territory of the former community school pilot project	46479
established by former Section 50.52 of Am. Sub. H.B. No. 215 of	46480
the 122nd general assembly.	46481

(3) "Challenged school district" means any of the following:

46482

(a) A school district that is part of the pilot project area;

46483

(b) A school district that is either in a state of academic	46484
emergency or in a state of academic watch under section 3302.03 of	46485
the Revised Code;	46486

46487

(4) "Big eight school district" means a school district that	46488
for fiscal year 1997 had both of the following:	46489

(a) A percentage of children residing in the district and	46490
participating in the predecessor of Ohio works first greater than	46491
thirty per cent, as reported pursuant to section 3317.10 of the	46492
Revised Code;	46493

(b) An average daily membership greater than twelve thousand,	46494
as reported pursuant to former division (A) of section 3317.03 of	46495
the Revised Code.	46496

(5) "New start-up school" means a community school other than	46497
one created by converting all or part of an existing public school	46498
or educational service center building, as designated in the	46499
school's contract pursuant to division (A)(17) of section 3314.03	46500
of the Revised Code.	46501

(6) "Urban school district" means one of the state's	46502
twenty-one urban school districts as defined in division (O) of	46503
section 3317.02 of the Revised Code as that section existed prior	46504
to July 1, 1998.	46505

(7) "Internet- or computer-based community school" means a	46506
community school established under this chapter in which the	46507
enrolled students work primarily from their residences on	46508
assignments in nonclassroom-based learning opportunities provided	46509
via an internet- or other computer-based instructional method that	46510
does not rely on regular classroom instruction or via	46511
comprehensive instructional methods that include internet-based,	46512
other computer-based, and noncomputer-based learning	46513
opportunities.	46514

(8) "Operator" means either of the following:

46515

(a) An individual or organization that manages the daily	46516
operations of a community school pursuant to a contract between	46517
the operator and the school's governing authority;	46518

(b) An individual or organization that provides programmatic	46519
oversight and support to a community school under a contract with	46520
the school's governing authority and that retains the right to	46521
terminate affiliation with the school if the school fails to meet	46522
the individual's or organization's quality standards.	46523

(B) Any person or group of individuals may initially propose	46524
under this division the conversion of all or a portion of a public	46525
school or a building operated by an educational service center to	46526
a community school. The proposal shall be made to the board of	46527
education of the city, local, exempted village, or joint	46528
vocational school district in which the public school is proposed	46529
to be converted or, in the case of the conversion of a building	46530
operated by an educational service center, to the governing board	46531
of the service center. Upon receipt of a proposal, a board may	46532
enter into a preliminary agreement with the person or group	46533
proposing the conversion of the public school or service center	46534
building, indicating the intention of the board to support the	46535
conversion to a community school. A proposing person or group that	46536
has a preliminary agreement under this division may proceed to	46537
finalize plans for the school, establish a governing authority for	46538
the school, and negotiate a contract with the board. Provided the	46539
proposing person or group adheres to the preliminary agreement and	46540
all provisions of this chapter, the board shall negotiate in good	46541
faith to enter into a contract in accordance with section 3314.03	46542
of the Revised Code and division (C) of this section.	46543

(C)(1) Any person or group of individuals may propose under	46544
this division the establishment of a new start-up school to be	46545
located in a challenged school district. The proposal may be made	46546
to any of the following entities:	46547

(a) The board of education of the district in which the	46548
school is proposed to be located;	46549

(b) The board of education of any joint vocational school	46550
district with territory in the county in which is located the	46551
majority of the territory of the district in which the school is	46552
proposed to be located;	46553

(c) The board of education of any other city, local, or	46554
exempted village school district having territory in the same	46555
county where the district in which the school is proposed to be	46556
located has the major portion of its territory;	46557

(d) The governing board of any educational service center, as	46558
long as the proposed school will be located in a county within the	46559
territory of the service center or in a county contiguous to such	46560
county;	46561

(e) A sponsoring authority designated by the board of	46562
trustees of any of the thirteen state universities listed in	46563
section 3345.011 of the Revised Code or the board of trustees	46564
itself as long as a mission of the proposed school to be specified	46565
in the contract under division (A)(2) of section 3314.03 of the	46566
Revised Code and as approved by the department of education under	46567
division (B)(2) of section 3314.015 of the Revised Code will be	46568
the practical demonstration of teaching methods, educational	46569
technology, or other teaching practices that are included in the	46570
curriculum of the university's teacher preparation program	46571
approved by the state board of education;	46572

(f) Any qualified tax-exempt entity under section 501(c)(3)	46573
of the Internal Revenue Code as long as all of the following	46574
conditions are satisfied:	46575

(i) The entity has been in operation for at least five years	46576
prior to applying to be a community school sponsor.	46577

(ii) The entity has assets of at least five hundred thousand	46578
dollars and a demonstrated record of financial responsibility.	46579

(iii) The department of education has determined that the	46580
entity is an education-oriented entity under division (B)(3) of	46581
section 3314.015 of the Revised Code and the entity has a	46582
demonstrated record of successful implementation of educational	46583
programs.	46584

(iv) The entity is not a community school.

46585

Any entity described in division (C)(1) of this section may	46586
enter into a preliminary agreement pursuant to division (C)(2) of	46587
this section with the proposing person or group.	46588

(2) A preliminary agreement indicates the intention of an	46589
entity described in division (C)(1) of this section to sponsor the	46590
community school. A proposing person or group that has such a	46591
preliminary agreement may proceed to finalize plans for the	46592
school, establish a governing authority as described in division	46593
(E) of this section for the school, and negotiate a contract with	46594
the entity. Provided the proposing person or group adheres to the	46595
preliminary agreement and all provisions of this chapter, the	46596
entity shall negotiate in good faith to enter into a contract in	46597
accordance with section 3314.03 of the Revised Code.	46598

(3) A new start-up school that is established in a school	46599
district while that district is either in a state of academic	46600
emergency or in a state of academic watch under section 3302.03 of	46601
the Revised Code may continue in existence once the school	46602
district is no longer in a state of academic emergency or academic	46603
watch, provided there is a valid contract between the school and a	46604
sponsor.	46605

(4) A copy of every preliminary agreement entered into under	46606
this division shall be filed with the superintendent of public	46607
instruction.	46608

(D) A majority vote of the board of a sponsoring entity and a	46609
majority vote of the members of the governing authority of a	46610
community school shall be required to adopt a contract and convert	46611
the public school or educational service center building to a	46612
community school or establish the new start-up school. Beginning	46613
September 29, 2005, adoption of the contract shall occur not later	46614
than the fifteenth day of March, and signing of the contract shall	46615
occur not later than the fifteenth day of May, prior to the school	46616
year in which the school will open. The governing authority shall	46617
notify the department of education when the contract has been	46618
signed. Subject to ~~sections~~section 3314.013~~, 3314.014, 3314.016,~~	46619
~~and 3314.017~~ of the Revised Code, an unlimited number of community	46620
schools may be established in any school district provided that a	46621
contract is entered into for each community school pursuant to	46622
this chapter.	46623

(E)(1) As used in this division, "immediate relatives" are	46624
limited to spouses, children, parents, grandparents, siblings, and	46625
in-laws.	46626

Each new start-up community school established under this	46627
chapter shall be under the direction of a governing authority	46628
which shall consist of a board of directors, a board of managers,	46629
or a board of trustees, as appropriate under division (A)(1) of	46630
section 3314.03 of the Revised Code, of not less than five	46631
individuals.	46632

No person shall serve on the governing authority or operate	46633
the community school under contract with the governing authority	46634
so long as the person owes the state any money or is in a dispute	46635
over whether the person owes the state any money concerning the	46636
operation of a community school that has closed.	46637

(2) No person shall serve on the governing authorities of	46638
more than two start-up community schools at the same time.	46639

(3) No present or former member, or immediate relative of a	46640
present or former member, of the governing authority of any	46641
community school established under this chapter shall be an owner,	46642
employee, or consultant of any ~~nonprofit~~sponsor or ~~for-profit~~	46643
operator of a community school, unless at least one year has	46644
elapsed since the conclusion of the person's membership.	46645

(4) No person shall be appointed to serve on a governing	46646
authority for a term of more than three years.	46647

(5) The governing authority of a start-up community school	46648
may provide by resolution for the compensation of its members.	46649
However, no individual who serves on the governing authority of a	46650
start-up community school shall be compensated more than a total	46651
amount of five thousand dollars per year for all governing	46652
authorities upon which the individual serves.	46653

(6) No person shall be deemed to have acquired a vested right	46654
in a position as a member of a governing authority.	46655

(F)(1) A new start-up school that is established prior to	46656
August 15, 2003, in an urban school district that is not also a	46657
big-eight school district may continue to operate after that date	46658
and the contract between the school's governing authority and the	46659
school's sponsor may be renewed, as provided under this chapter,	46660
after that date, but no additional new start-up schools may be	46661
established in such a district unless the district is a challenged	46662
school district as defined in this section as it exists on and	46663
after that date.	46664

(2) A community school that was established prior to June 29,	46665
1999, and is located in a county contiguous to the pilot project	46666
area and in a school district that is not a challenged school	46667
district may continue to operate after that date, provided the	46668
school complies with all provisions of this chapter. The contract	46669
between the school's governing authority and the school's sponsor	46670
may be renewed, but no additional start-up community school may be	46671
established in that district unless the district is a challenged	46672
school district.	46673

(3) Any educational service center that, on June 30, 2007,	46674
sponsors a community school that is not located in a county within	46675
the territory of the service center or in a county contiguous to	46676
such county may continue to sponsor that community school on and	46677
after June 30, 2007, and may renew its contract with the school.	46678
However, the educational service center shall not enter into a	46679
contract with any additional community school unless the school is	46680
located in a county within the territory of the service center or	46681
in a county contiguous to such county.	46682

(G) No entity described in division (B) or (C) of this	46683
section shall refuse to enter into a preliminary agreement under	46684
those divisions, or to enter into a contract under section 3314.03	46685
of the Revised Code, for the sponsorship of a community school	46686
based solely on the type of school that is proposed to be	46687
established, the composition of the members of the public benefit	46688
corporation that will comprise the school, or the involvement of	46689
any for-profit entity as a member of that public benefit	46690
corporation.	46691

Sec. 3314.021. (A) This section applies to any entity that is	46692
exempt from taxation under section 501(c)(3) of the Internal	46693
Revenue Code and that satisfies the conditions specified in	46694
divisions (C)(1)(f)(ii) and (iii) of section 3314.02 of the	46695
Revised Code but does not satisfy the condition specified in	46696
division (C)(1)(f)(i) of that section.	46697

(B) Notwithstanding division (C)(1)(f)(i) of section 3314.02	46698
of the Revised Code, an entity described in division (A) of this	46699
section may do both of the following without obtaining the	46700
department of education's initial approval of its sponsorship	46701
under divisions (A)(2) and (B)(1) of section 3314.015 of the	46702
Revised Code:	46703

(1) Succeed the board of trustees of a state university	46704
located in the pilot project area or that board's designee as the	46705
sponsor of a community school established under this chapter;	46706

(2) Continue to sponsor that school in conformance with the	46707
terms of the contract between the board of trustees or its	46708
designee and the governing authority of the community school and	46709
renew that contract as provided in division (E) of section 3314.03	46710
of the Revised Code.	46711

(C) The entity that succeeds the board of trustees or the	46712
board's designee as sponsor of a community school under division	46713
(B) of this section also may enter into contracts to sponsor other	46714
community schools located in any challenged school district,	46715
without obtaining the department's initial approval of its	46716
sponsorship of those schools under divisions (A)(2) and (B)(1) of	46717
section 3314.015 of the Revised Code~~, and not subject to the~~	46718
~~restriction of division (A)(7) of section 3314.013 of the Revised~~	46719
~~Code,~~ as long as the contracts conform with and the entity	46720
complies with all other requirements of this chapter.	46721

(D) Regardless of the entity's authority to sponsor community	46722
schools without the initial approval of the department, the entity	46723
is under the continuing oversight of the department in accordance	46724
with rules adopted under section 3314.015 of the Revised Code.	46725

Sec. 3314.026. If the governing authority of a community	46726
school intends to terminate its contract with the school's	46727
operator prior to expiration or intends not to renew that contract	46728
upon expiration, the governing authority shall notify the operator	46729
of that intent not less than one hundred eighty days prior to the	46730
expiration of the contract. Any failure to give such notice	46731
constitutes the governing authority's irrevocable agreement to	46732
continue the contract as then in effect for one additional school	46733
year. The operator may appeal the contract termination or	46734
nonrenewal to the school's sponsor, if the sponsor has sponsored	46735
the school for at least twelve months, or to the state board of	46736
education, if the sponsor has sponsored the school for less than	46737
twelve months. Upon appeal, the sponsor or state board shall	46738
determine whether the operator should continue to manage the	46739
school. In making its determination, the sponsor or state board	46740
shall consider whether the operator has managed the school in	46741
compliance with all applicable laws and terms of the contract	46742
between the sponsor and the governing authority entered into under	46743
section 3314.03 of the Revised Code and whether the school's	46744
progress in meeting the academic goals prescribed in that contract	46745
has been satisfactory. The sponsor or state board shall notify the	46746
governing authority and operator of its determination. If the	46747
sponsor or state board determines that the operator should	46748
continue to manage the school, the ~~sponsor shall remove the~~	46749
~~existing governing authority and the operator shall appoint a new~~	46750
~~governing authority for the school. The~~contract between the	46751
governing authority and the operator shall continue until terms of	46752
office of all members of the governing board in office prior to	46753
the determination have expired and those members have been	46754
replaced with individuals recommended by the operator. An operator	46755
may reappoint a member to the governing authority. Once all the	46756
terms of the members in office prior to the determination have	46757
expired, the new governing authority shall assume responsibility	46758
for the school ~~immediately~~ and shall exercise all functions	46759
assigned to it by the Revised Code or rule in the same manner as	46760
any other community school governing authority.	46761

Sec. 3314.029. (A)(1) Notwithstanding anything to the	46762
contrary in this chapter, but subject to division (A) of section	46763
3314.013 of the Revised Code, any person, group of individuals, or	46764
entity may apply to the department of education for direct	46765
authorization to establish a community school and, upon approval	46766
of the application, may establish and operate the school without a	46767
sponsor. Notwithstanding anything to the contrary in this chapter,	46768
the governing authority of an existing community school, upon the	46769
expiration or termination of its contract with the school's	46770
sponsor entered into under section 3314.03 of the Revised Code,	46771
may apply to the department for direct authorization to continue	46772
operating the school and, upon approval of the application, may	46773
continue to operate the school without a sponsor. Each application	46774
submitted to the department shall include both of the following:	46775

(a) Evidence that the applicant will be able to comply with	46776
division (C) of this section;	46777

(b) A statement indicating that the applicant agrees to	46778
comply with all applicable provisions of this chapter.	46779

(2) The department shall approve each application submitted	46780
under division (A)(1) of this section, unless, within thirty days	46781
after receipt of the application, the department determines that	46782
the application does not satisfy the requirements of that division	46783
and provides the applicant a written explanation of the reasons	46784
for the determination. In that case, the department shall grant	46785
the applicant thirty days to correct the insufficiencies in the	46786
application. If the department determines that the insufficiencies	46787
have been corrected, it shall approve the application. If the	46788
department determines that the insufficiencies have not been	46789
corrected, it shall deny the application and provide the applicant	46790
with a written explanation of the reasons for the denial. The	46791
denial of an application may be appealed in accordance with	46792
section 119.12 of the Revised Code.	46793

(3) An unlimited number of applications may be submitted and	46794
approved under division (A) of this section.	46795

(B) The department and the governing authority of each	46796
community school authorized under this section shall enter into a	46797
contract under section 3314.03 of the Revised Code, except that	46798
the contract shall not be required to specify the provisions of	46799
divisions (A)(4), (5), (16), (18), (20), (23), and (24) of that	46800
section. Notwithstanding division (A)(13) of that section, the	46801
contract may begin at any time during the academic year and the	46802
length of the initial contract may be for any term up to fifteen	46803
years. The contract may be renewed in accordance with division (E)	46804
of that section. The contract shall not provide for the school's	46805
governing authority to make any payments to the department.	46806

(C) A community school authorized under this section shall	46807
post and file with the superintendent of public instruction a bond	46808
payable to the state in the amount of one million dollars or file	46809
with the state superintendent a guarantee in the amount of one	46810
million dollars issued by an entity with a certified net worth of	46811
at least five million dollars. The bond or guarantee shall be used	46812
to pay the state any moneys owed by the community school in the	46813
event the school closes.	46814

(D) A community school sponsored by an entity described in	46815
division (C)(1) of section 3314.02 of the Revised Code may merge	46816
with a community school authorized under this section. In that	46817
case, on the effective date of the merger, the contract between	46818
the governing authority of the sponsored community school and the	46819
school's sponsor shall be terminated and that community school	46820
shall be covered by the contract between the department and the	46821
governing authority of the community school with which it merges	46822
under this division.	46823

(E) Except as otherwise provided in this section, a community	46824
school authorized under this section shall comply with all	46825
applicable provisions of this chapter. The department may take any	46826
action that a sponsor may take under this chapter to enforce the	46827
school's compliance with this division and the terms of the	46828
contract entered into under division (B) of this section.	46829

Sec. 3314.03. A copy of every contract entered into under	46830
this section shall be filed with the superintendent of public	46831
instruction.	46832

(A) Each contract entered into between a sponsor and the	46833
governing authority of a community school shall specify the	46834
following:	46835

(1) That the school shall be established as ~~either~~any of the	46836
following:	46837

(a) A nonprofit corporation established under Chapter 1702.	46838
of the Revised Code, if established prior to April 8, 2003;	46839

(b) A public benefit corporation established under Chapter	46840
1702. of the Revised Code, if established after April 8, 2003;	46841

(c) A for-profit corporation formed under Chapter 1701. of	46842
the Revised Code or a limited liability corporation formed under	46843
Chapter 1705. of the Revised Code.	46844

(2) The education program of the school, including the	46845
school's mission, the characteristics of the students the school	46846
is expected to attract, the ages and grades of students, and the	46847
focus of the curriculum;	46848

(3) The academic goals to be achieved and the method of	46849
measurement that will be used to determine progress toward those	46850
goals, which shall include the statewide achievement assessments;	46851

(4) Performance standards by which the success of the school	46852
will be evaluated by the sponsor;	46853

(5) The admission standards of section 3314.06 of the Revised	46854
Code and, if applicable, section 3314.061 of the Revised Code;	46855

(6)(a) Dismissal procedures;

46856

(b) A requirement that the governing authority adopt an	46857
attendance policy that includes a procedure for automatically	46858
withdrawing a student from the school if the student without a	46859
legitimate excuse fails to participate in one hundred five	46860
consecutive hours of the learning opportunities offered to the	46861
student.	46862

(7) The ways by which the school will achieve racial and	46863
ethnic balance reflective of the community it serves;	46864

(8) Requirements for financial audits by the auditor of	46865
state. The contract shall require financial records of the school	46866
to be maintained in the same manner as are financial records of	46867
school districts, pursuant to rules of the auditor of state.	46868
Audits shall be conducted in accordance with section 117.10 of the	46869
Revised Code.	46870

(9) The facilities to be used and their locations;

46871

(10) Qualifications of teachers, including the following:

46872

(a) A requirement that the school's classroom teachers be	46873
licensed in accordance with sections 3319.22 to 3319.31 of the	46874
Revised Code, except that a community school may engage	46875
noncertificated persons to teach up to twelve hours per week	46876
pursuant to section 3319.301 of the Revised Code;	46877

(b) A requirement that each classroom teacher initially hired	46878
by the school on or after July 1, 2013, and employed to provide	46879
instruction in physical education hold a valid license issued	46880
pursuant to section 3319.22 of the Revised Code for teaching	46881
physical education.	46882

(11) That the school will comply with the following	46883
requirements:	46884

(a) The school will provide learning opportunities to a	46885
minimum of twenty-five students for a minimum of nine hundred	46886
twenty hours per school year.	46887

(b) The governing authority will purchase liability	46888
insurance, or otherwise provide for the potential liability of the	46889
school.	46890

(c) The school will be nonsectarian in its programs,	46891
admission policies, employment practices, and all other	46892
operations, and will not be operated by a sectarian school or	46893
religious institution.	46894

(d) The school will comply with sections 9.90, 9.91, 109.65,	46895
121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711,	46896
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608,	46897
3313.6012, 3313.6013, 3313.6014, 3313.6015, 3313.643, 3313.648,	46898
3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.67,	46899
~~3313.671,~~ 3313.672, 3313.673, 3313.69, 3313.71, 3313.716,	46900
3313.718, 3313.719, 3313.80, 3313.814, 3313.816, ~~3314.817~~	46901
3313.817, 3313.86, 3313.96, 3317.141, 3319.073, 3319.08, 3319.111,	46902
3319.17, 3319.321, 3319.39, 3319.391, 3319.41, 3321.01, 3321.041,	46903
3321.13, 3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 3327.10,	46904
4111.17, 4113.52, and 5705.391 and Chapters 117., 1347., 2744.,	46905
3365., 3742., 4112., 4123., 4141., and 4167. of the Revised Code	46906
as if it were a school district and will comply with section	46907
3301.0714 of the Revised Code in the manner specified in section	46908
3314.17 of the Revised Code.	46909

(e) The school shall comply with Chapter 102. and section	46910
2921.42 of the Revised Code.	46911

(f) The school will comply with sections 3313.61, 3313.611,	46912
and 3313.614 of the Revised Code, except that for students who	46913
enter ninth grade for the first time before July 1, 2010, the	46914
requirement in sections 3313.61 and 3313.611 of the Revised Code	46915
that a person must successfully complete the curriculum in any	46916
high school prior to receiving a high school diploma may be met by	46917
completing the curriculum adopted by the governing authority of	46918
the community school rather than the curriculum specified in Title	46919
XXXIII of the Revised Code or any rules of the state board of	46920
education. Beginning with students who enter ninth grade for the	46921
first time on or after July 1, 2010, the requirement in sections	46922
3313.61 and 3313.611 of the Revised Code that a person must	46923
successfully complete the curriculum of a high school prior to	46924
receiving a high school diploma shall be met by completing the	46925
Ohio core curriculum prescribed in division (C) of section	46926
3313.603 of the Revised Code, unless the person qualifies under	46927
division (D) or (F) of that section. Each school shall comply with	46928
the plan for awarding high school credit based on demonstration of	46929
subject area competency, adopted by the state board of education	46930
under division (J) of section 3313.603 of the Revised Code.	46931

(g) The school governing authority will submit within four	46932
months after the end of each school year a report of its	46933
activities and progress in meeting the goals and standards of	46934
divisions (A)(3) and (4) of this section and its financial status	46935
to the sponsor and the parents of all students enrolled in the	46936
school.	46937

(h) The school, unless it is an internet- or computer-based	46938
community school, will comply with sections ~~3313.674~~3313.671 and	46939
3313.801 of the Revised Code as if it were a school district.	46940

(12) Arrangements for providing health and other benefits to	46941
employees;	46942

(13) The length of the contract, which shall begin at the	46943
beginning of an academic year. No contract shall exceed five years	46944
unless such contract has been renewed pursuant to division (E) of	46945
this section.	46946

(14) The governing authority of the school, which shall be	46947
responsible for carrying out the provisions of the contract;	46948

(15) A financial plan detailing an estimated school budget	46949
for each year of the period of the contract and specifying the	46950
total estimated per pupil expenditure amount for each such year.	46951
The plan shall specify for each year the base formula amount that	46952
will be used for purposes of funding calculations under section	46953
3314.08 of the Revised Code. This base formula amount for any year	46954
shall not exceed the formula amount defined under section 3317.02	46955
of the Revised Code. The plan may also specify for any year a	46956
percentage figure to be used for reducing the per pupil amount of	46957
the subsidy calculated pursuant to section 3317.029 of the Revised	46958
Code the school is to receive that year under section 3314.08 of	46959
the Revised Code.	46960

(16) Requirements and procedures regarding the disposition of	46961
employees of the school in the event the contract is terminated or	46962
not renewed pursuant to section 3314.07 of the Revised Code;	46963

(17) Whether the school is to be created by converting all or	46964
part of an existing public school or educational service center	46965
building or is to be a new start-up school, and if it is a	46966
converted public school or service center building, specification	46967
of any duties or responsibilities of an employer that the board of	46968
education or service center governing board that operated the	46969
school or building before conversion is delegating to the	46970
governing authority of the community school with respect to all or	46971
any specified group of employees provided the delegation is not	46972
prohibited by a collective bargaining agreement applicable to such	46973
employees;	46974

(18) Provisions establishing procedures for resolving	46975
disputes or differences of opinion between the sponsor and the	46976
governing authority of the community school;	46977

(19) A provision requiring the governing authority to adopt a	46978
policy regarding the admission of students who reside outside the	46979
district in which the school is located. That policy shall comply	46980
with the admissions procedures specified in sections 3314.06 and	46981
3314.061 of the Revised Code and, at the sole discretion of the	46982
authority, shall do one of the following:	46983

(a) Prohibit the enrollment of students who reside outside	46984
the district in which the school is located;	46985

(b) Permit the enrollment of students who reside in districts	46986
adjacent to the district in which the school is located;	46987

(c) Permit the enrollment of students who reside in any other	46988
district in the state.	46989

(20) A provision recognizing the authority of the department	46990
of education to take over the sponsorship of the school in	46991
accordance with the provisions of division (C) of section 3314.015	46992
of the Revised Code;	46993

(21) A provision recognizing the sponsor's authority to	46994
assume the operation of a school under the conditions specified in	46995
division (B) of section 3314.073 of the Revised Code;	46996

(22) A provision recognizing both of the following:

46997

(a) The authority of public health and safety officials to	46998
inspect the facilities of the school and to order the facilities	46999
closed if those officials find that the facilities are not in	47000
compliance with health and safety laws and regulations;	47001

(b) The authority of the department of education as the	47002
community school oversight body to suspend the operation of the	47003
school under section 3314.072 of the Revised Code if the	47004
department has evidence of conditions or violations of law at the	47005
school that pose an imminent danger to the health and safety of	47006
the school's students and employees and the sponsor refuses to	47007
take such action;	47008

(23) A description of the learning opportunities that will be	47009
offered to students including both classroom-based and	47010
non-classroom-based learning opportunities that is in compliance	47011
with criteria for student participation established by the	47012
department under division (L)(2) of section 3314.08 of the Revised	47013
Code;	47014

(24) The school will comply with sections 3302.04 and	47015
3302.041 of the Revised Code, except that any action required to	47016
be taken by a school district pursuant to those sections shall be	47017
taken by the sponsor of the school. However, the sponsor shall not	47018
be required to take any action described in division (F) of	47019
section 3302.04 of the Revised Code.	47020

(25) Beginning in the 2006-2007 school year, the school will	47021
open for operation not later than the thirtieth day of September	47022
each school year, unless the mission of the school as specified	47023
under division (A)(2) of this section is solely to serve dropouts.	47024
In its initial year of operation, if the school fails to open by	47025
the thirtieth day of September, or within one year after the	47026
adoption of the contract pursuant to division (D) of section	47027
3314.02 of the Revised Code if the mission of the school is solely	47028
to serve dropouts, the contract shall be void.	47029

(B) The community school shall also submit to the sponsor a	47030
comprehensive plan for the school. The plan shall specify the	47031
following:	47032

(1) The process by which the governing authority of the	47033
school will be selected in the future;	47034

(2) The management and administration of the school;

47035

(3) If the community school is a currently existing public	47036
school or educational service center building, alternative	47037
arrangements for current public school students who choose not to	47038
attend the converted school and for teachers who choose not to	47039
teach in the school or building after conversion;	47040

(4) The instructional program and educational philosophy of	47041
the school;	47042

(5) Internal financial controls.

47043

(C) A contract entered into under section 3314.02 of the	47044
Revised Code between a sponsor and the governing authority of a	47045
community school may provide for the community school governing	47046
authority to make payments to the sponsor, which is hereby	47047
authorized to receive such payments as set forth in the contract	47048
between the governing authority and the sponsor. The total amount	47049
of such payments for oversight and monitoring of the school shall	47050
not exceed three per cent of the total amount of payments for	47051
operating expenses that the school receives from the state.	47052

(D) The contract shall specify the duties of the sponsor	47053
which shall be in accordance with the written agreement entered	47054
into with the department of education under division (B) of	47055
section 3314.015 of the Revised Code and shall include the	47056
following:	47057

(1) Monitor the community school's compliance with all laws	47058
applicable to the school and with the terms of the contract;	47059

(2) Monitor and evaluate the academic and fiscal performance	47060
and the organization and operation of the community school on at	47061
least an annual basis;	47062

(3) Report on an annual basis the results of the evaluation	47063
conducted under division (D)(2) of this section to the department	47064
of education and to the parents of students enrolled in the	47065
community school;	47066

(4) Provide technical assistance to the community school in	47067
complying with laws applicable to the school and terms of the	47068
contract;	47069

(5) Take steps to intervene in the school's operation to	47070
correct problems in the school's overall performance, declare the	47071
school to be on probationary status pursuant to section 3314.073	47072
of the Revised Code, suspend the operation of the school pursuant	47073
to section 3314.072 of the Revised Code, or terminate the contract	47074
of the school pursuant to section 3314.07 of the Revised Code as	47075
determined necessary by the sponsor;	47076

(6) Have in place a plan of action to be undertaken in the	47077
event the community school experiences financial difficulties or	47078
closes prior to the end of a school year.	47079

(E) Upon the expiration of a contract entered into under this	47080
section, the sponsor of a community school may, with the approval	47081
of the governing authority of the school and any operator of the	47082
school, renew that contract for a period of time determined by the	47083
sponsor, but not ending earlier than the end of any school year,	47084
if the sponsor finds that the school's compliance with applicable	47085
laws and terms of the contract and the school's progress in	47086
meeting the academic goals prescribed in the contract have been	47087
satisfactory. Any contract that is renewed under this division	47088
remains subject to the provisions of sections 3314.07, 3314.072,	47089
and 3314.073 of the Revised Code.	47090

(F) If a community school fails to open for operation within	47091
one year after the contract entered into under this section is	47092
adopted pursuant to division (D) of section 3314.02 of the Revised	47093
Code or permanently closes prior to the expiration of the	47094
contract, the contract shall be void and the school shall not	47095
enter into a contract with any other sponsor. A school shall not	47096
be considered permanently closed because the operations of the	47097
school have been suspended pursuant to section 3314.072 of the	47098
Revised Code. ~~Any contract that becomes void under this division~~	47099
~~shall not count toward any statewide limit on the number of such~~	47100
~~contracts prescribed by section 3314.013 of the Revised Code.~~	47101

Sec. 3314.04. Except as otherwise specified in this chapter	47102
and in the contract ~~between a community school and a sponsor~~	47103
entered into under section 3314.08 of the Revised Code, such	47104
school is exempt from all state laws and rules pertaining to	47105
schools, school districts, and boards of education, except those	47106
laws and rules that grant certain rights to parents. No community	47107
school shall be required to comply with any education laws or	47108
rules or other requirements that are not specified in this chapter	47109
or in the contract entered into under section 3314.03 of the	47110
Revised Code that otherwise would not apply to a chartered	47111
nonpublic school.	47112

Sec. 3314.05. (A) The contract between the community school	47113
and the sponsor shall specify the facilities to be used for the	47114
community school and the method of acquisition. Except as provided	47115
in ~~division~~divisions (B)(3) and (4) of this section, no community	47116
school shall be established in more than one school district under	47117
the same contract.	47118

(B) Division (B) of this section shall not apply to internet-	47119
or computer-based community schools.	47120

(1) A community school may be located in multiple facilities	47121
under the same contract only if the limitations on availability of	47122
space prohibit serving all the grade levels specified in the	47123
contract in a single facility or division (B)(2) or, (3), or (4)	47124
of this section applies to the school. The school shall not offer	47125
the same grade level classrooms in more than one facility.	47126

(2) A community school may be located in multiple facilities	47127
under the same contract and, notwithstanding division (B)(1) of	47128
this section, may assign students in the same grade level to	47129
multiple facilities, as long as all of the following apply:	47130

(a) The governing authority of the community school filed a	47131
copy of its contract with the school's sponsor under section	47132
3314.03 of the Revised Code with the superintendent of public	47133
instruction on or before May 15, 2008.	47134

(b) The school was not open for operation prior to July 1,	47135
2008.	47136

(c) The governing authority has entered into and maintains a	47137
contract with an operator of the type described in division	47138
(A)~~(2)~~(8)(b) of section ~~3314.014~~3314.02 of the Revised Code.	47139

(d) The contract with that operator qualified the school to	47140
be established pursuant to division (A) of former section 3314.016	47141
of the Revised Code.	47142

(e) The school's rating under section 3302.03 of the Revised	47143
Code does not fall below "in need of continuous improvement" for	47144
two or more consecutive years.	47145

(3) A new start-up community school may be established in two	47146
school districts under the same contract if all of the following	47147
apply:	47148

(a) At least one of the school districts in which the school	47149
is established is a challenged school district;	47150

(b) The school operates not more than one facility in each	47151
school district and, in accordance with division (B)(1) of this	47152
section, the school does not offer the same grade level classrooms	47153
in both facilities; and	47154

(c) Transportation between the two facilities does not	47155
require more than thirty minutes of direct travel time as measured	47156
by school bus.	47157

In the case of a community school to which division (B)(3) of	47158
this section applies, if only one of the school districts in which	47159
the school is established is a challenged school district, that	47160
district shall be considered the school's primary location and the	47161
district in which the school is located for the purposes of	47162
division (A)(19) of section 3314.03 and divisions (C) and (H) of	47163
section 3314.06 of the Revised Code and for all other purposes of	47164
this chapter. If both of the school districts in which the school	47165
is established are challenged school districts, the school's	47166
governing authority shall designate one of those districts to be	47167
considered the school's primary location and the district in which	47168
the school is located for the purposes of those divisions and all	47169
other purposes of this chapter and shall notify the department of	47170
education of that designation.	47171

(4) A community school may be located in multiple facilities	47172
under the same contract and, notwithstanding division (B)(1) of	47173
this section, may assign students in the same grade level to	47174
multiple facilities, as long as both of the following apply:	47175

(a) The facilities are all located in the same county.

47176

(b) The governing authority has entered into and maintains a	47177
contract with an operator.	47178

In the case of a community school to which division (B)(4) of	47179
this section applies and that maintains facilities in more than	47180
one school district, the school's governing authority shall	47181
designate one of those districts to be considered the school's	47182
primary location and the district in which the school is located	47183
for the purposes of division (A)(19) of section 3314.03 and	47184
divisions (C) and (H) of section 3314.06 of the Revised Code and	47185
for all other purposes of this chapter and shall notify the	47186
department of that designation.	47187

(5) Any facility used for a community school shall meet all	47188
health and safety standards established by law for school	47189
buildings.	47190

(C) In the case where a community school is proposed to be	47191
located in a facility owned by a school district or educational	47192
service center, the facility may not be used for such community	47193
school unless the district or service center board owning the	47194
facility enters into an agreement for the community school to	47195
utilize the facility. Use of the facility may be under any terms	47196
and conditions agreed to by the district or service center board	47197
and the school.	47198

(D) In the case of a community school that is located in	47199
multiple facilities, the department shall assign a separate	47200
internal retrieval number to the school and to each facility	47201
maintained by the school.	47202

(E) Two or more separate community schools may be located in	47203
the same facility.	47204

Sec. 3314.06. The governing authority of each community	47205
school established under this chapter shall adopt admission	47206
procedures that specify the following:	47207

(A) That except as otherwise provided in this section,	47208
admission to the school shall be open to any individual age five	47209
to twenty-two entitled to attend school pursuant to section	47210
3313.64 or 3313.65 of the Revised Code in a school district in the	47211
state, and, in the case of a community school operating a dropout	47212
prevention and recovery program granted a waiver under section	47213
3314.36 of the Revised Code, to any individual who is between	47214
twenty-two and thirty years of age, pursuant to section 3314.38 of	47215
the Revised Code.	47216

(B)(1) That admission to the school may be limited to	47217
students who have attained a specific grade level or are within a	47218
specific age group; to students that meet a definition of	47219
"at-risk," as defined in the contract; to residents of a specific	47220
geographic area within the district, as defined in the contract;	47221
or to separate groups of autistic students and nondisabled	47222
students, as authorized in section 3314.061 of the Revised Code	47223
and as defined in the contract.	47224

(2) For purposes of division (B)(1) of this section,	47225
"at-risk" students may include those students identified as gifted	47226
students under section 3324.03 of the Revised Code.	47227

(C) Whether enrollment is limited to students who reside in	47228
the district in which the school is located or is open to	47229
residents of other districts, as provided in the policy adopted	47230
pursuant to the contract.	47231

(D)(1) That there will be no discrimination in the admission	47232
of students to the school on the basis of race, creed, color,	47233
disability, or sex except that:	47234

(a) The governing authority may establish single-gender	47235
schools for the purpose described in division (G) of this section	47236
provided comparable facilities and learning opportunities are	47237
offered for both boys and girls. Such comparable facilities and	47238
opportunities may be offered for each sex at separate locations.	47239

(b) The governing authority may establish a school that	47240
simultaneously serves a group of students identified as autistic	47241
and a group of students who are not disabled, as authorized in	47242
section 3314.061 of the Revised Code. However, unless the total	47243
capacity established for the school has been filled, no student	47244
with any disability shall be denied admission on the basis of that	47245
disability.	47246

(2) That upon admission of any student with a disability, the	47247
community school will comply with all federal and state laws	47248
regarding the education of students with disabilities.	47249

(E) That the school may not limit admission to students on	47250
the basis of intellectual ability, measures of achievement or	47251
aptitude, or athletic ability, except that a school may limit its	47252
enrollment to students as described in division (B) of this	47253
section.	47254

(F) That the community school will admit the number of	47255
students that does not exceed the capacity of the school's	47256
programs, classes, grade levels, or facilities.	47257

(G) That the purpose of single-gender schools that are	47258
established shall be to take advantage of the academic benefits	47259
some students realize from single-gender instruction and	47260
facilities and to offer students and parents residing in the	47261
district the option of a single-gender education.	47262

(H) That, except as otherwise provided under division (B) of	47263
this section or section 3314.061 of the Revised Code, if the	47264
number of applicants exceeds the capacity restrictions of division	47265
(F) of this section, students shall be admitted by lot from all	47266
those submitting applications, except preference shall be given to	47267
students attending the school the previous year and to students	47268
who reside in the district in which the school is located.	47269
Preference may be given to siblings of students attending the	47270
school the previous year.	47271

Notwithstanding divisions (A) to (H) of this section, in the	47272
event the racial composition of the enrollment of the community	47273
school is violative of a federal desegregation order, the	47274
community school shall take any and all corrective measures to	47275
comply with the desegregation order.	47276

Sec. 3314.07. (A) The expiration of the contract for a	47277
community school between a sponsor and a school shall be the date	47278
provided in the contract. ~~A successor contract may be entered into~~	47279
~~pursuant to division (E) of section 3314.03 of the Revised Code~~	47280
~~unless the contract is terminated or not renewed pursuant to this~~	47281
~~section.~~	47282

(B)(1) A sponsor may choose not to renew a contract at its	47283
expiration or may choose to terminate a contract prior to its	47284
expiration for any of the following reasons:	47285

(a) Failure to meet student performance requirements stated	47286
in the contract;	47287

(b) Failure to meet generally accepted standards of fiscal	47288
management;	47289

(c) Violation of any provision of the contract or applicable	47290
state or federal law;	47291

(d) Other good cause.

47292

(2) A sponsor may choose to terminate a contract prior to its	47293
expiration if the sponsor has suspended the operation of the	47294
contract under section 3314.072 of the Revised Code.	47295

(3) At least ~~ninety~~one hundred eighty days prior to the	47296
termination or nonrenewal of a contract, the sponsor shall notify	47297
the school of the proposed action in writing. The notice shall	47298
include the reasons for the proposed action in detail, the	47299
effective date of the termination or nonrenewal, and a statement	47300
that the school may, within fourteen days of receiving the notice,	47301
request an informal hearing before the sponsor. Such request must	47302
be in writing. The informal hearing shall be held within seventy	47303
days of the receipt of a request for the hearing. Promptly	47304
following the informal hearing, the sponsor shall issue a written	47305
decision either affirming or rescinding the decision to terminate	47306
or not renew the contract.	47307

(4) A decision by the sponsor to terminate a contract may be	47308
appealed to the state board of education. The decision by the	47309
state board pertaining to an appeal under this division is final.	47310
If the sponsor is the state board, its decision to terminate a	47311
contract under division (B)(3) of this section shall be final.	47312

(5) The termination of a contract under this section shall be	47313
effective upon the occurrence of the later of the following	47314
events:	47315

(a) Ninety days following the date the sponsor notifies the	47316
school of its decision to terminate the contract as prescribed in	47317
division (B)(3) of this section;	47318

(b) If an informal hearing is requested under division (B)(3)	47319
of this section and as a result of that hearing the sponsor	47320
affirms its decision to terminate the contract, the effective date	47321
of the termination specified in the notice issued under division	47322
(B)(3) of this section, or if that decision is appealed to the	47323
state board under division (B)(4) of this section and the state	47324
board affirms that decision, the date established in the	47325
resolution of the state board affirming the sponsor's decision.	47326

(6) Any community school whose contract is terminated under	47327
this division shall not enter into a contract with any other	47328
sponsor.	47329

(C) A child attending a community school whose contract has	47330
been terminated, nonrenewed, or suspended or that closes for any	47331
reason shall be admitted to the schools of the district in which	47332
the child is entitled to attend under section 3313.64 or 3313.65	47333
of the Revised Code. Any deadlines established for the purpose of	47334
admitting students under section 3313.97 or 3313.98 of the Revised	47335
Code shall be waived for students to whom this division pertains.	47336

(D) If a community school does not intend to renew a contract	47337
with its sponsor, the community school shall notify its sponsor in	47338
writing of that fact at least one hundred eighty days prior to the	47339
expiration of the contract. Such a community school may enter into	47340
a contract with a new sponsor in accordance with section 3314.03	47341
of the Revised Code upon the expiration of the previous contract.	47342

(E) A sponsor of a community school and the officers,	47343
directors, or employees of such a sponsor are not liable in	47344
damages in a tort or other civil action for harm allegedly arising	47345
from either of the following:	47346

(1) A failure of the community school or any of its officers,	47347
directors, or employees to perform any statutory or common law	47348
duty or responsibility or any other legal obligation;	47349

(2) An action or omission of the community school or any of	47350
its officers, directors, or employees that results in harm.	47351

(F) As used in this section:

47352

(1) "Harm" means injury, death, or loss to person or	47353
property.	47354

(2) "Tort action" means a civil action for damages for	47355
injury, death, or loss to person or property other than a civil	47356
action for damages for a breach of contract or another agreement	47357
between persons.	47358

Sec. 3314.08. The deductions under division (C) and the	47359
payments under division (D) of this section for fiscal years ~~2010~~	47360
2012 and ~~2011~~2013 shall be made in accordance with section	47361
3314.088 of the Revised Code.	47362

(A) As used in this section:

47363

(1) "Base formula amount" means the amount specified as such	47364
in a community school's financial plan for a school year pursuant	47365
to division (A)(15) of section 3314.03 of the Revised Code.	47366

(2) "IEP" has the same meaning as in section 3323.01 of the	47367
Revised Code.	47368

(3) "Applicable special education weight" means the multiple	47369
specified in section 3317.013 of the Revised Code for a disability	47370
described in that section.	47371

(4) "Applicable vocational education weight" means:

47372

(a) For a student enrolled in vocational education programs	47373
or classes described in division (A) of section 3317.014 of the	47374
Revised Code, the multiple specified in that division;	47375

(b) For a student enrolled in vocational education programs	47376
or classes described in division (B) of section 3317.014 of the	47377
Revised Code, the multiple specified in that division.	47378

(5) "Entitled to attend school" means entitled to attend	47379
school in a district under section 3313.64 or 3313.65 of the	47380
Revised Code.	47381

(6) A community school student is "included in the poverty	47382
student count" of a school district if the student is entitled to	47383
attend school in the district and the student's family receives	47384
assistance under the Ohio works first program.	47385

(7) "Poverty-based assistance reduction factor" means the	47386
percentage figure, if any, for reducing the per pupil amount of	47387
poverty-based assistance a community school is entitled to receive	47388
pursuant to divisions (D)(5) to (9) of this section in any year,	47389
as specified in the school's financial plan for the year pursuant	47390
to division (A)(15) of section 3314.03 of the Revised Code.	47391

(8) "All-day kindergarten" has the same meaning as in section	47392
~~3317.029~~3321.05 of the Revised Code.	47393

(9) "State education aid" has the same meaning as in section	47394
5751.20 of the Revised Code.	47395

(B) The state board of education shall adopt rules requiring	47396
both of the following:	47397

(1) The board of education of each city, exempted village,	47398
and local school district to annually report the number of	47399
students entitled to attend school in the district who are	47400
enrolled in grades one through twelve in a community school	47401
established under this chapter, the number of students entitled to	47402
attend school in the district who are enrolled in kindergarten in	47403
a community school, the number of those kindergartners who are	47404
enrolled in all-day kindergarten in their community school, and	47405
for each child, the community school in which the child is	47406
enrolled.	47407

(2) The governing authority of each community school	47408
established under this chapter to annually report all of the	47409
following:	47410

(a) The number of students enrolled in grades one through	47411
twelve and the number of students enrolled in kindergarten in the	47412
school who are not receiving special education and related	47413
services pursuant to an IEP;	47414

(b) The number of enrolled students in grades one through	47415
twelve and the number of enrolled students in kindergarten, who	47416
are receiving special education and related services pursuant to	47417
an IEP;	47418

(c) The number of students reported under division (B)(2)(b)	47419
of this section receiving special education and related services	47420
pursuant to an IEP for a disability described in each of divisions	47421
(A) to (F) of section 3317.013 of the Revised Code;	47422

(d) The full-time equivalent number of students reported	47423
under divisions (B)(2)(a) and (b) of this section who are enrolled	47424
in vocational education programs or classes described in each of	47425
divisions (A) and (B) of section 3317.014 of the Revised Code that	47426
are provided by the community school;	47427

(e) Twenty per cent of the number of students reported under	47428
divisions (B)(2)(a) and (b) of this section who are not reported	47429
under division (B)(2)(d) of this section but who are enrolled in	47430
vocational education programs or classes described in each of	47431
divisions (A) and (B) of section 3317.014 of the Revised Code at a	47432
joint vocational school district under a contract between the	47433
community school and the joint vocational school district and are	47434
entitled to attend school in a city, local, or exempted village	47435
school district whose territory is part of the territory of the	47436
joint vocational school district;	47437

(f) The number of enrolled preschool children with	47438
disabilities receiving special education services in a	47439
state-funded unit;	47440

(g) The community school's base formula amount;

47441

(h) For each student, the city, exempted village, or local	47442
school district in which the student is entitled to attend school;	47443

(i) Any poverty-based assistance reduction factor that	47444
applies to a school year.	47445

Each community school in its report of students under this	47446
division shall specify separately those individuals between	47447
twenty-two and thirty years of age enrolled in the school's	47448
dropout prevention and recovery program under section 3314.38 of	47449
the Revised Code for funding prescribed by that section.	47450

(C) From the state education aid calculated for a city,	47451
exempted village, or local school district and, if necessary, from	47452
the payment made to the district under sections 321.24 and 323.156	47453
of the Revised Code, the department of education shall annually	47454
subtract the sum of the amounts described in divisions (C)(1) to	47455
(9) of this section. However, when deducting payments on behalf of	47456
students enrolled in internet- or computer-based community	47457
schools, the department shall deduct only those amounts described	47458
in divisions (C)(1) and (2) of this section. Furthermore, the	47459
aggregate amount deducted under this division shall not exceed the	47460
sum of the district's state education aid and its payment under	47461
sections 321.24 and 323.156 of the Revised Code.	47462

(1) An amount equal to the sum of the amounts obtained when,	47463
for each community school where the district's students are	47464
enrolled, the number of the district's students reported under	47465
divisions (B)(2)(a), (b), and (e) of this section who are enrolled	47466
in grades one through twelve, and one-half the number of students	47467
reported under those divisions who are enrolled in kindergarten,	47468
in that community school is multiplied by the sum of the base	47469
formula amount of that community school plus the per pupil amount	47470
of the base funding supplements specified in divisions (C)(1) to	47471
(4) of section 3317.012 of the Revised Code.	47472

(2) The sum of the amounts calculated under divisions	47473
(C)(2)(a) and (b) of this section:	47474

(a) For each of the district's students reported under	47475
division (B)(2)(c) of this section as enrolled in a community	47476
school in grades one through twelve and receiving special	47477
education and related services pursuant to an IEP for a disability	47478
described in section 3317.013 of the Revised Code, the product of	47479
the applicable special education weight times the community	47480
school's base formula amount;	47481

(b) For each of the district's students reported under	47482
division (B)(2)(c) of this section as enrolled in kindergarten in	47483
a community school and receiving special education and related	47484
services pursuant to an IEP for a disability described in section	47485
3317.013 of the Revised Code, one-half of the amount calculated as	47486
prescribed in division (C)(2)(a) of this section.	47487

When computing deductions under division (C)(2) of this	47488
section, the department shall use the number of students with an	47489
IEP reported by each community school under divisions (B)(2)(b)	47490
and (c) of this section, as verified by the department, as the	47491
basis for those deductions, regardless of whether any particular	47492
student enrolls in a community school after the date required	47493
under federal law for reporting to the United States department of	47494
education the number of children with disabilities receiving	47495
special education and related services.	47496

(3) For each of the district's students reported under	47497
division (B)(2)(d) of this section for whom payment is made under	47498
division (D)(4) of this section, the amount of that payment;	47499

(4) An amount equal to the sum of the amounts obtained when,	47500
for each community school where the district's students are	47501
enrolled, the number of the district's students enrolled in that	47502
community school who are included in the district's poverty	47503
student count is multiplied by the per pupil amount of	47504
poverty-based assistance the school district receives that year	47505
pursuant to division (C) of section 3317.029 of the Revised Code,	47506
as adjusted by any poverty-based assistance reduction factor of	47507
that community school. The per pupil amount of that aid for the	47508
district shall be calculated by the department.	47509

(5) An amount equal to the sum of the amounts obtained when,	47510
for each community school where the district's students are	47511
enrolled, the district's per pupil amount of aid received under	47512
division (E) of section 3317.029 of the Revised Code, as adjusted	47513
by any poverty-based assistance reduction factor of the community	47514
school, is multiplied by the sum of the following:	47515

(a) The number of the district's students reported under	47516
division (B)(2)(a) of this section who are enrolled in grades one	47517
to three in that community school and who are not receiving	47518
special education and related services pursuant to an IEP;	47519

(b) One-half of the district's students who are enrolled in	47520
all-day or any other kindergarten class in that community school	47521
and who are not receiving special education and related services	47522
pursuant to an IEP;	47523

(c) One-half of the district's students who are enrolled in	47524
all-day kindergarten in that community school and who are not	47525
receiving special education and related services pursuant to an	47526
IEP.	47527

The district's per pupil amount of aid under division (E) of	47528
section 3317.029 of the Revised Code is the quotient of the amount	47529
the district received under that division divided by the	47530
district's kindergarten through third grade ADM, as defined in	47531
that section.	47532

(6) An amount equal to the sum of the amounts obtained when,	47533
for each community school where the district's students are	47534
enrolled, the district's per pupil amount received under division	47535
(F) of section 3317.029 of the Revised Code, as adjusted by any	47536
poverty-based assistance reduction factor of that community	47537
school, is multiplied by the number of the district's students	47538
enrolled in the community school who are identified as	47539
limited-English proficient.	47540

(7) An amount equal to the sum of the amounts obtained when,	47541
for each community school where the district's students are	47542
enrolled, the district's per pupil amount received under division	47543
(G) of section 3317.029 of the Revised Code, as adjusted by any	47544
poverty-based assistance reduction factor of that community	47545
school, is multiplied by the sum of the following:	47546

(a) The number of the district's students enrolled in grades	47547
one through twelve in that community school;	47548

(b) One-half of the number of the district's students	47549
enrolled in kindergarten in that community school.	47550

The district's per pupil amount under division (G) of section	47551
3317.029 of the Revised Code is the district's amount per teacher	47552
calculated under division (G)(1) or (2) of that section divided by	47553
17.	47554

(8) An amount equal to the sum of the amounts obtained when,	47555
for each community school where the district's students are	47556
enrolled, the district's per pupil amount received under divisions	47557
(H) and (I) of section 3317.029 of the Revised Code, as adjusted	47558
by any poverty-based assistance reduction factor of that community	47559
school, is multiplied by the sum of the following:	47560

(a) The number of the district's students enrolled in grades	47561
one through twelve in that community school;	47562

(b) One-half of the number of the district's students	47563
enrolled in kindergarten in that community school.	47564

The district's per pupil amount under divisions (H) and (I)	47565
of section 3317.029 of the Revised Code is the amount calculated	47566
under each division divided by the district's formula ADM, as	47567
defined in section 3317.02 of the Revised Code.	47568

(9) An amount equal to the per pupil state parity aid funding	47569
calculated for the school district under either division (C) or	47570
(D) of section 3317.0217 of the Revised Code multiplied by the sum	47571
of the number of students in grades one through twelve, and	47572
one-half of the number of students in kindergarten, who are	47573
entitled to attend school in the district and are enrolled in a	47574
community school as reported under division (B)(1) of this	47575
section.	47576

(D) The department shall annually pay to a community school	47577
established under this chapter the sum of the amounts described in	47578
divisions (D)(1) to (10) of this section. However, the department	47579
shall calculate and pay to each internet- or computer-based	47580
community school only the amounts described in divisions (D)(1) to	47581
(3) of this section. Furthermore, the sum of the payments to all	47582
community schools under divisions (D)(1), (2), and (4) to (10) of	47583
this section for the students entitled to attend school in any	47584
particular school district shall not exceed the sum of that	47585
district's state education aid and its payment under sections	47586
321.24 and 323.156 of the Revised Code. If the sum of the payments	47587
calculated under those divisions for the students entitled to	47588
attend school in a particular school district exceeds the sum of	47589
that district's state education aid and its payment under sections	47590
321.24 and 323.156 of the Revised Code, the department shall	47591
calculate and apply a proration factor to the payments to all	47592
community schools under those divisions for the students entitled	47593
to attend school in that district.	47594

(1) ~~Subject to section 3314.085 of the Revised Code, an~~An	47595
amount equal to the sum of the amounts obtained when the number of	47596
students enrolled in grades one through twelve, plus one-half of	47597
the kindergarten students in the school, reported under divisions	47598
(B)(2)(a), (b), and (e) of this section who are not receiving	47599
special education and related services pursuant to an IEP for a	47600
disability described in section 3317.013 of the Revised Code is	47601
multiplied by the sum of the community school's base formula	47602
amount plus the per pupil amount of the base funding supplements	47603
specified in divisions (C)(1) to (4) of section 3317.012 of the	47604
Revised Code.	47605

(2) ~~Prior to fiscal year 2007, the greater of the amount~~	47606
~~calculated under division (D)(2)(a) or (b) of this section, and in~~	47607
~~fiscal year 2007 and thereafter, the amount calculated under~~	47608
~~division (D)(2)(b) of this section:~~	47609

~~(a) The aggregate amount that the department paid to the~~	47610
~~community school in fiscal year 1999 for students receiving~~	47611
~~special education and related services pursuant to IEPs, excluding~~	47612
~~federal funds and state disadvantaged pupil impact aid funds;~~	47613

~~(b)~~ The sum of the following amounts ~~calculated under~~	47614
~~divisions (D)(2)(b)(i) and (ii) of this section~~:	47615

~~(i)~~(a) For each student reported under division (B)(2)(c) of	47616
this section as enrolled in the school in grades one through	47617
twelve and receiving special education and related services	47618
pursuant to an IEP for a disability described in section 3317.013	47619
of the Revised Code, the following amount:	47620

(the school's base formula amount plus	47621

the per pupil amount of the base funding supplements specified in	47622

divisions (C)(1) to (4) of section 3317.012 of the Revised Code)	47623

+ (the applicable special education weight X the	47624

community school's base formula amount);	47625

~~(ii)~~(b) For each student reported under division (B)(2)(c) of	47626
this section as enrolled in kindergarten and receiving special	47627
education and related services pursuant to an IEP for a disability	47628
described in section 3317.013 of the Revised Code, one-half of the	47629
amount calculated under the formula prescribed in division	47630
(D)(2)~~(b)(i)~~(a) of this section.	47631

When computing payments under division (D)(2) of this	47632
section, the department shall use the number of students with an	47633
IEP reported by the community school under divisions (B)(2)(b) and	47634
(c) of this section, as verified by the department, as the basis	47635
for those payments, regardless of whether any particular student	47636
enrolls in the community school after the date required under	47637
federal law for reporting to the United States department of	47638
education the number of children with disabilities receiving	47639
special education and related services.	47640

(3) An amount received from federal funds to provide special	47641
education and related services to students in the community	47642
school, as determined by the superintendent of public instruction.	47643

(4) For each student reported under division (B)(2)(d) of	47644
this section as enrolled in vocational education programs or	47645
classes that are described in section 3317.014 of the Revised	47646
Code, are provided by the community school, and are comparable as	47647
determined by the superintendent of public instruction to school	47648
district vocational education programs and classes eligible for	47649
state weighted funding under section 3317.014 of the Revised Code,	47650
an amount equal to the applicable vocational education weight	47651
times the community school's base formula amount times the	47652
percentage of time the student spends in the vocational education	47653
programs or classes.	47654

(5) An amount equal to the sum of the amounts obtained when,	47655
for each school district where the community school's students are	47656
entitled to attend school, the number of that district's students	47657
enrolled in the community school who are included in the	47658
district's poverty student count is multiplied by the per pupil	47659
amount of poverty-based assistance that school district receives	47660
that year pursuant to division (C) of section 3317.029 of the	47661
Revised Code, as adjusted by any poverty-based assistance	47662
reduction factor of the community school. The per pupil amount of	47663
aid shall be determined as described in division (C)(4) of this	47664
section.	47665

(6) An amount equal to the sum of the amounts obtained when,	47666
for each school district where the community school's students are	47667
entitled to attend school, the district's per pupil amount of aid	47668
received under division (E) of section 3317.029 of the Revised	47669
Code, as adjusted by any poverty-based assistance reduction factor	47670
of the community school, is multiplied by the sum of the	47671
following:	47672

(a) The number of the district's students reported under	47673
division (B)(2)(a) of this section who are enrolled in grades one	47674
to three in that community school and who are not receiving	47675
special education and related services pursuant to an IEP;	47676

(b) One-half of the district's students who are enrolled in	47677
all-day or any other kindergarten class in that community school	47678
and who are not receiving special education and related services	47679
pursuant to an IEP;	47680

(c) One-half of the district's students who are enrolled in	47681
all-day kindergarten in that community school and who are not	47682
receiving special education and related services pursuant to an	47683
IEP.	47684

The district's per pupil amount of aid under division (E) of	47685
section 3317.029 of the Revised Code shall be determined as	47686
described in division (C)(5) of this section.	47687

(7) An amount equal to the sum of the amounts obtained when,	47688
for each school district where the community school's students are	47689
entitled to attend school, the number of that district's students	47690
enrolled in the community school who are identified as	47691
limited-English proficient is multiplied by the district's per	47692
pupil amount received under division (F) of section 3317.029 of	47693
the Revised Code, as adjusted by any poverty-based assistance	47694
reduction factor of the community school.	47695

(8) An amount equal to the sum of the amounts obtained when,	47696
for each school district where the community school's students are	47697
entitled to attend school, the district's per pupil amount	47698
received under division (G) of section 3317.029 of the Revised	47699
Code, as adjusted by any poverty-based assistance reduction factor	47700
of the community school, is multiplied by the sum of the	47701
following:	47702

(a) The number of the district's students enrolled in grades	47703
one through twelve in that community school;	47704

(b) One-half of the number of the district's students	47705
enrolled in kindergarten in that community school.	47706

The district's per pupil amount under division (G) of section	47707
3317.029 of the Revised Code shall be determined as described in	47708
division (C)(7) of this section.	47709

(9) An amount equal to the sum of the amounts obtained when,	47710
for each school district where the community school's students are	47711
entitled to attend school, the district's per pupil amount	47712
received under divisions (H) and (I) of section 3317.029 of the	47713
Revised Code, as adjusted by any poverty-based assistance	47714
reduction factor of the community school, is multiplied by the sum	47715
of the following:	47716

(a) The number of the district's students enrolled in grades	47717
one through twelve in that community school;	47718

(b) One-half of the number of the district's students	47719
enrolled in kindergarten in that community school.	47720

The district's per pupil amount under divisions (H) and (I)	47721
of section 3317.029 of the Revised Code shall be determined as	47722
described in division (C)(8) of this section.	47723

(10) An amount equal to the sum of the amounts obtained when,	47724
for each school district where the community school's students are	47725
entitled to attend school, the district's per pupil amount of	47726
state parity aid funding calculated under either division (C) or	47727
(D) of section 3317.0217 of the Revised Code is multiplied by the	47728
sum of the number of that district's students enrolled in grades	47729
one through twelve, and one-half of the number of that district's	47730
students enrolled in kindergarten, in the community school as	47731
reported under ~~division~~divisions (B)(2)(a) and (b) of this	47732
section.	47733

(E)(1) If a community school's costs for a fiscal year for a	47734
student receiving special education and related services pursuant	47735
to an IEP for a disability described in divisions (B) to (F) of	47736
section 3317.013 of the Revised Code exceed the threshold	47737
catastrophic cost for serving the student as specified in division	47738
(C)(3)(b) of section 3317.022 of the Revised Code, the school may	47739
submit to the superintendent of public instruction documentation,	47740
as prescribed by the superintendent, of all its costs for that	47741
student. Upon submission of documentation for a student of the	47742
type and in the manner prescribed, the department shall pay to the	47743
community school an amount equal to the school's costs for the	47744
student in excess of the threshold catastrophic costs.	47745

(2) The community school shall only report under division	47746
(E)(1) of this section, and the department shall only pay for, the	47747
costs of educational expenses and the related services provided to	47748
the student in accordance with the student's individualized	47749
education program. Any legal fees, court costs, or other costs	47750
associated with any cause of action relating to the student may	47751
not be included in the amount.	47752

(F) A community school may apply to the department of	47753
education for preschool children with disabilities ~~or gifted~~ unit	47754
funding the school would receive if it were a school district.	47755
Upon request of its governing authority, a community school that	47756
received such unit funding as a school district-operated school	47757
before it became a community school shall retain any units awarded	47758
to it as a school district-operated school provided the school	47759
continues to meet eligibility standards for the unit.	47760

A community school shall be considered a school district and	47761
its governing authority shall be considered a board of education	47762
for the purpose of applying to any state or federal agency for	47763
grants that a school district may receive under federal or state	47764
law or any appropriations act of the general assembly. The	47765
governing authority of a community school may apply to any private	47766
entity for additional funds.	47767

(G) A board of education sponsoring a community school may	47768
utilize local funds to make enhancement grants to the school or	47769
may agree, either as part of the contract or separately, to	47770
provide any specific services to the community school at no cost	47771
to the school.	47772

(H) A community school may not levy taxes or issue bonds	47773
secured by tax revenues.	47774

(I) No community school shall charge tuition for the	47775
enrollment of any student.	47776

(J)(1)(a) A community school may borrow money to pay any	47777
necessary and actual expenses of the school in anticipation of the	47778
receipt of any portion of the payments to be received by the	47779
school pursuant to division (D) of this section. The school may	47780
issue notes to evidence such borrowing. The proceeds of the notes	47781
shall be used only for the purposes for which the anticipated	47782
receipts may be lawfully expended by the school.	47783

(b) A school may also borrow money for a term not to exceed	47784
fifteen years for the purpose of acquiring facilities.	47785

(2) Except for any amount guaranteed under section 3318.50 of	47786
the Revised Code, the state is not liable for debt incurred by the	47787
governing authority of a community school.	47788

(K) For purposes of determining the number of students for	47789
which divisions (D)(5) and (6) of this section applies in any	47790
school year, a community school may submit to the department of	47791
job and family services, no later than the first day of March, a	47792
list of the students enrolled in the school. For each student on	47793
the list, the community school shall indicate the student's name,	47794
address, and date of birth and the school district where the	47795
student is entitled to attend school. Upon receipt of a list under	47796
this division, the department of job and family services shall	47797
determine, for each school district where one or more students on	47798
the list is entitled to attend school, the number of students	47799
residing in that school district who were included in the	47800
department's report under section 3317.10 of the Revised Code. The	47801
department shall make this determination on the basis of	47802
information readily available to it. Upon making this	47803
determination and no later than ninety days after submission of	47804
the list by the community school, the department shall report to	47805
the state department of education the number of students on the	47806
list who reside in each school district who were included in the	47807
department's report under section 3317.10 of the Revised Code. In	47808
complying with this division, the department of job and family	47809
services shall not report to the state department of education any	47810
personally identifiable information on any student.	47811

(L) The department of education shall adjust the amounts	47812
subtracted and paid under divisions (C) and (D) of this section to	47813
reflect any enrollment of students in community schools for less	47814
than the equivalent of a full school year. The state board of	47815
education within ninety days after April 8, 2003, shall adopt in	47816
accordance with Chapter 119. of the Revised Code rules governing	47817
the payments to community schools under this section and section	47818
3314.13 of the Revised Code including initial payments in a school	47819
year and adjustments and reductions made in subsequent periodic	47820
payments to community schools and corresponding deductions from	47821
school district accounts as provided under divisions (C) and (D)	47822
of this section and section 3314.13 of the Revised Code. For	47823
purposes of this section and section 3314.13 of the Revised Code:	47824

(1) A student shall be considered enrolled in the community	47825
school for any portion of the school year the student is	47826
participating at a college under Chapter 3365. of the Revised	47827
Code.	47828

(2) A student shall be considered to be enrolled in a	47829
community school ~~during a school year~~ for the period of time	47830
beginning on the later of the date on which the school both has	47831
received documentation of the student's enrollment from a parent	47832
and the student has commenced participation in learning	47833
opportunities as defined in the contract with the sponsor, or	47834
thirty days prior to the date on which the student is entered into	47835
the education management information system established under	47836
section 3301.0714 of the Revised Code. For purposes of applying	47837
this division and divisions (L)(3) and (4) of this section to a	47838
community school student, "learning opportunities" shall be	47839
defined in the contract, which shall describe both classroom-based	47840
and non-classroom-based learning opportunities and shall be in	47841
compliance with criteria and documentation requirements for	47842
student participation which shall be established by the	47843
department. Any student's instruction time in non-classroom-based	47844
learning opportunities shall be certified by an employee of the	47845
community school. A student's enrollment shall be considered to	47846
cease on the date on which any of the following occur:	47847

(a) The community school receives documentation from a parent	47848
terminating enrollment of the student.	47849

(b) The community school is provided documentation of a	47850
student's enrollment in another public or private school.	47851

(c) The community school ceases to offer learning	47852
opportunities to the student pursuant to the terms of the contract	47853
with the sponsor or the operation of any provision of this	47854
chapter.	47855

Beginning in the 2011-2012 school year, any student who	47856
completed the prior school year in a community school shall be	47857
considered to be enrolled in the same school in the subsequent	47858
school year until the student's enrollment has ceased as specified	47859
in division (L)(2) of this section.	47860

(3) The department shall determine each community school	47861
student's percentage of full-time equivalency based on the	47862
percentage of learning opportunities offered by the community	47863
school to that student, reported either as number of hours or	47864
number of days, is of the total learning opportunities offered by	47865
the community school to a student who attends for the school's	47866
entire school year. However, no internet- or computer-based	47867
community school shall be credited for any time a student spends	47868
participating in learning opportunities beyond ten hours within	47869
any period of twenty-four consecutive hours. Whether it reports	47870
hours or days of learning opportunities, each community school	47871
shall offer not less than nine hundred twenty hours of learning	47872
opportunities during the school year.	47873

(4) With respect to the calculation of full-time equivalency	47874
under division (L)(3) of this section, the department shall waive	47875
the number of hours or days of learning opportunities not offered	47876
to a student because the community school was closed during the	47877
school year due to disease epidemic, hazardous weather conditions,	47878
inoperability of school buses or other equipment necessary to the	47879
school's operation, damage to a school building, or other	47880
temporary circumstances due to utility failure rendering the	47881
school building unfit for school use, so long as the school was	47882
actually open for instruction with students in attendance during	47883
that school year for not less than the minimum number of hours	47884
required by this chapter. The department shall treat the school as	47885
if it were open for instruction with students in attendance during	47886
the hours or days waived under this division.	47887

(M) The department of education shall reduce the amounts paid	47888
under division (D) of this section to reflect payments made to	47889
colleges under division (B) of section 3365.07 of the Revised Code	47890
or through alternative funding agreements entered into under rules	47891
adopted under section 3365.12 of the Revised Code.	47892

(N)(1) No student shall be considered enrolled in any	47893
internet- or computer-based community school or, if applicable to	47894
the student, in any community school that is required to provide	47895
the student with a computer pursuant to division (C) of section	47896
3314.22 of the Revised Code, unless both of the following	47897
conditions are satisfied:	47898

(a) The student possesses or has been provided with all	47899
required hardware and software materials and all such materials	47900
are operational so that the student is capable of fully	47901
participating in the learning opportunities specified in the	47902
contract between the school and the school's sponsor as required	47903
by division (A)(23) of section 3314.03 of the Revised Code;	47904

(b) The school is in compliance with division (A) of section	47905
3314.22 of the Revised Code, relative to such student.	47906

(2) In accordance with policies adopted jointly by the	47907
superintendent of public instruction and the auditor of state, the	47908
department shall reduce the amounts otherwise payable under	47909
division (D) of this section to any community school that includes	47910
in its program the provision of computer hardware and software	47911
materials to any student, if such hardware and software materials	47912
have not been delivered, installed, and activated for each such	47913
student in a timely manner or other educational materials or	47914
services have not been provided according to the contract between	47915
the individual community school and its sponsor.	47916

The superintendent of public instruction and the auditor of	47917
state shall jointly establish a method for auditing any community	47918
school to which this division pertains to ensure compliance with	47919
this section.	47920

The superintendent, auditor of state, and the governor shall	47921
jointly make recommendations to the general assembly for	47922
legislative changes that may be required to assure fiscal and	47923
academic accountability for such schools.	47924

(O)(1) If the department determines that a review of a	47925
community school's enrollment is necessary, such review shall be	47926
completed and written notice of the findings shall be provided to	47927
the governing authority of the community school and its sponsor	47928
within ninety days of the end of the community school's fiscal	47929
year, unless extended for a period not to exceed thirty additional	47930
days for one of the following reasons:	47931

(a) The department and the community school mutually agree to	47932
the extension.	47933

(b) Delays in data submission caused by either a community	47934
school or its sponsor.	47935

(2) If the review results in a finding that additional	47936
funding is owed to the school, such payment shall be made within	47937
thirty days of the written notice. If the review results in a	47938
finding that the community school owes moneys to the state, the	47939
following procedure shall apply:	47940

(a) Within ten business days of the receipt of the notice of	47941
findings, the community school may appeal the department's	47942
determination to the state board of education or its designee.	47943

(b) The board or its designee shall conduct an informal	47944
hearing on the matter within thirty days of receipt of such an	47945
appeal and shall issue a decision within fifteen days of the	47946
conclusion of the hearing.	47947

(c) If the board has enlisted a designee to conduct the	47948
hearing, the designee shall certify its decision to the board. The	47949
board may accept the decision of the designee or may reject the	47950
decision of the designee and issue its own decision on the matter.	47951

(d) Any decision made by the board under this division is	47952
final.	47953

(3) If it is decided that the community school owes moneys to	47954
the state, the department shall deduct such amount from the	47955
school's future payments in accordance with guidelines issued by	47956
the superintendent of public instruction.	47957

(P) The department shall not subtract from a school	47958
district's state aid account under division (C) of this section	47959
and shall not pay to a community school under division (D) of this	47960
section any amount for any of the following:	47961

(1) Any student who has graduated from the twelfth grade of a	47962
public or nonpublic high school;	47963

(2) Any student who is not a resident of the state;

47964

(3) Any student who was enrolled in the community school	47965
during the previous school year when assessments were administered	47966
under section 3301.0711 of the Revised Code but did not take one	47967
or more of the assessments required by that section and was not	47968
excused pursuant to division (C)(1) or (3) of that section, unless	47969
the superintendent of public instruction grants the student a	47970
waiver from the requirement to take the assessment and a parent is	47971
not paying tuition for the student pursuant to section 3314.26 of	47972
the Revised Code. The superintendent may grant a waiver only for	47973
good cause in accordance with rules adopted by the state board of	47974
education.	47975

(4) Any student who has attained the age of twenty-two years,	47976
except for ~~veterans~~the following:	47977

(a) A veteran of the armed services whose attendance was	47978
interrupted before completing the recognized twelve-year course of	47979
the public schools by reason of induction or enlistment in the	47980
armed forces and who ~~apply~~applies for enrollment in a community	47981
school not later than four years after termination of war or ~~their~~	47982
the veteran's honorable discharge. If, however, any such veteran	47983
elects to enroll in special courses organized for veterans for	47984
whom tuition is paid under federal law, or otherwise, the	47985
department shall not subtract from a school district's state aid	47986
account under division (C) of this section and shall not pay to a	47987
community school under division (D) of this section any amount for	47988
that veteran.	47989

(b) An individual enrolled under section 3314.38 of the	47990
Revised Code in a dropout prevention and recovery program operated	47991
by a community school.	47992

Sec. 3314.087. (A) As used in this section:

47993

(1) "Career-technical program" means vocational programs or	47994
classes described in division (A) or (B) of section 3317.014 of	47995
the Revised Code in which a student is enrolled.	47996

(2) "Formula ADM," "category one or two vocational education	47997
ADM," and "FTE basis" have the same meanings as in section 3317.02	47998
of the Revised Code.	47999

(3) "Resident school district" means the city, exempted	48000
village, or local school district in which a student is entitled	48001
to attend school under section 3313.64 or 3313.65 of the Revised	48002
Code.	48003

(B) Notwithstanding anything to the contrary in this chapter	48004
or Chapter ~~3306. or~~ 3317. of the Revised Code, a student enrolled	48005
in a community school may simultaneously enroll in the	48006
career-technical program operated by the student's resident school	48007
district. On an FTE basis, the student's resident school district	48008
shall count the student in the category one or two vocational	48009
education ADM for the proportion of the time the student is	48010
enrolled in the district's career-technical program and,	48011
accordingly, the department of education shall calculate funds	48012
under ~~Chapters 3306. and~~Chapter 3317. for the district	48013
attributable to the student for the proportion of time the student	48014
attends the career-technical program. The community school shall	48015
count the student in its enrollment report under section 3314.08	48016
of the Revised Code and shall report to the department the	48017
proportion of time that the student attends classes at the	48018
community school. The department shall pay the community school	48019
and deduct from the student's resident school district the amount	48020
computed for the student under section 3314.08 of the Revised Code	48021
in proportion to the fraction of the time on an FTE basis that the	48022
student attends classes at the community school. "Full-time	48023
equivalency" for a community school student, as defined in	48024
division (L) of section 3314.08 of the Revised Code, does not	48025
apply to the student.	48026

Sec. 3314.088. ~~(A)~~ For purposes of applying sections 3314.08	48027
and 3314.13 of the Revised Code to fiscal years ~~2010~~2012 and ~~2011~~	48028
2013:	48029

~~(1)~~(A) The base formula amount for community schools for each	48030
of fiscal ~~year 2010 is $5,718 and for fiscal year 2011 is $5,703.~~	48031
~~These respective amounts~~years 2012 and 2013 is $5,653. That	48032
amount shall be applied wherein sections 3314.08 and 3314.13 of	48033
the Revised Code the base formula amount is specified, except for	48034
deducting and paying amounts for special education weighted	48035
funding and vocational education weighted funding.	48036

~~(2)~~(B) The base funding supplements under section 3317.012 of	48037
the Revised Code shall be deemed in each year to be the amounts	48038
specified in that section for fiscal year 2009.	48039

~~(3)~~(C) Special education additional weighted funding shall be	48040
calculated by multiplying the applicable weight specified for	48041
fiscal year 2009 in section 3317.013 of the Revised Code, as it	48042
existed for that fiscal year ~~2009~~, times $5,732.	48043

~~(4)~~(D) Vocational education additional weighted funding shall	48044
be calculated by multiplying the applicable weight specified in	48045
section 3317.014 of the Revised Code for fiscal year 2009 times	48046
$5,732.	48047

~~(5)~~(E) The per pupil amounts paid to a school district under	48048
sections 3317.029 and 3317.0217 of the Revised Code shall be	48049
deemed to be the respective per pupil amounts paid under those	48050
sections to that district for fiscal year 2009.	48051

~~(6)~~(F) A community school may receive all-day kindergarten	48052
payments under section 3314.13 of the Revised Code only for	48053
all-day kindergarten students who are entitled to attend school in	48054
school districts that, for fiscal year 2009, met the eligibility	48055
requirements of division (D) of section 3317.029 of the Revised	48056
Code. For students entitled to attend school in such school	48057
districts that actually received payment for all-day kindergarten	48058
for fiscal year 2009, the payments to community schools under	48059
section 3314.13 of the Revised Code shall be deducted from the	48060
school district's state education aid. For students entitled to	48061
attend school in such school districts that did not receive	48062
payment for all-day kindergarten for fiscal year 2009, the	48063
payments to community schools under section 3314.13 of the Revised	48064
Code shall be paid out of the funds appropriated under	48065
appropriation item 200550, foundation funding~~, as appropriated in~~	48066
~~section 265.10 of Am. Sub. H.B. 1 of the 128th General Assembly~~.	48067
As used in this division, "entitled to attend school" has the same	48068
meaning as in section 3314.08 of the Revised Code.	48069

~~(B) For purposes of applying section 3314.085 of the Revised~~	48070
~~Code to fiscal years 2010 and 2011, the minimum per pupil~~	48071
~~expenditure required for pupil instruction under that section is~~	48072
~~$2,931, which equals the minimum amount required by that section~~	48073
~~for fiscal year 2009.~~	48074

Sec. 3314.091. (A) A school district is not required to	48075
provide transportation for any native student enrolled in a	48076
community school if the district board of education has entered	48077
into an agreement with the community school's governing authority	48078
that designates the community school as responsible for providing	48079
or arranging for the transportation of the district's native	48080
students to and from the community school. For any such agreement	48081
to be effective, it must be certified by the superintendent of	48082
public instruction as having met all of the following	48083
requirements:	48084

(1) It is submitted to the department of education by a	48085
deadline which shall be established by the department.	48086

(2) In accordance with divisions (C)(1) and (2) of this	48087
section, it specifies qualifications, such as residing a minimum	48088
distance from the school, for students to have their	48089
transportation provided or arranged.	48090

(3) The transportation provided by the community school is	48091
subject to all provisions of the Revised Code and all rules	48092
adopted under the Revised Code pertaining to pupil transportation.	48093

(4) The sponsor of the community school also has signed the	48094
agreement.	48095

(B)(1) For the school year that begins on July 1, 2007, a	48096
school district is not required to provide transportation for any	48097
native student enrolled in a community school, if the community	48098
school during the previous school year transported the students	48099
enrolled in the school or arranged for the students'	48100
transportation, even if that arrangement consisted of having	48101
parents transport their children to and from the school, but did	48102
not enter into an agreement to transport or arrange for	48103
transportation for those students under division (A) of this	48104
section, and if the governing authority of the community school by	48105
July 15, 2007, submits written notification to the district board	48106
of education stating that the governing authority is accepting	48107
responsibility for providing or arranging for the transportation	48108
of the district's native students to and from the community	48109
school.	48110

(2) For any school year subsequent to the school year that	48111
begins on July 1, 2007, a school district is not required to	48112
provide transportation for any native student enrolled in a	48113
community school if the governing authority of the community	48114
school, by the thirty-first day of January of the previous school	48115
year, submits written notification to the district board of	48116
education stating that the governing authority is accepting	48117
responsibility for providing or arranging for the transportation	48118
of the district's native students to and from the community	48119
school. If the governing authority of the community school has	48120
previously accepted responsibility for providing or arranging for	48121
the transportation of a district's native students to and from the	48122
community school, under division (B)(1) or (2) of this section,	48123
and has since relinquished that responsibility under division	48124
(B)(3) of this section, the governing authority shall not accept	48125
that responsibility again unless the district board consents to	48126
the governing authority's acceptance of that responsibility.	48127

(3) A governing authority's acceptance of responsibility	48128
under division (B)(1) or (2) of this section shall cover an entire	48129
school year, and shall remain in effect for subsequent school	48130
years unless the governing authority submits written notification	48131
to the district board that the governing authority is	48132
relinquishing the responsibility. However, a governing authority	48133
shall not relinquish responsibility for transportation before the	48134
end of a school year, and shall submit the notice relinquishing	48135
responsibility by the thirty-first day of January, in order to	48136
allow the school district reasonable time to prepare	48137
transportation for its native students enrolled in the school.	48138

(C)(1) A community school governing authority that enters	48139
into an agreement under division (A) of this section, or that	48140
accepts responsibility under division (B) of this section, shall	48141
provide or arrange transportation free of any charge for each of	48142
its enrolled students who is required to be transported under	48143
section 3327.01 of the Revised Code or who would otherwise be	48144
transported by the school district under the district's	48145
transportation policy. The governing authority shall report to the	48146
department of education the number of students transported or for	48147
whom transportation is arranged under this section in accordance	48148
with rules adopted by the state board of education.	48149

(2) The governing authority may provide or arrange	48150
transportation for any other enrolled student who is not eligible	48151
for transportation in accordance with division (C)(1) of this	48152
section and may charge a fee for such service up to the actual	48153
cost of the service.	48154

(3) Notwithstanding anything to the contrary in division	48155
(C)(1) or (2) of this section, a community school governing	48156
authority shall provide or arrange transportation free of any	48157
charge for any disabled student enrolled in the school for whom	48158
the student's individualized education program developed under	48159
Chapter 3323. of the Revised Code specifies transportation.	48160

(D)(1) If a school district board and a community school	48161
governing authority elect to enter into an agreement under	48162
division (A) of this section, the department of education shall	48163
make payments to the community school according to the terms of	48164
the agreement for each student actually transported under division	48165
(C)(1) of this section.	48166

If a community school governing authority accepts	48167
transportation responsibility under division (B) of this section,	48168
the department shall make payments to the community school for	48169
each student actually transported or for whom transportation is	48170
arranged by the community school under division (C)(1) of this	48171
section, calculated as follows:	48172

(a) For any fiscal year which the general assembly has	48173
specified that transportation payments to school districts be	48174
based on an across-the-board percentage of the district's payment	48175
for the previous school year, the per pupil payment to the	48176
community school shall be the following quotient:	48177

(i) The total amount calculated for the school district in	48178
which the child is entitled to attend school for student	48179
transportation other than transportation of children with	48180
disabilities; divided by	48181

(ii) The number of students included in the district's	48182
transportation ADM for the current fiscal year, as reported under	48183
division (B)(13) of section 3317.03 of the Revised Code, plus the	48184
number of students enrolled in the community school not counted in	48185
the district's transportation ADM who are transported under	48186
division (B)(1) or (2) of this section.	48187

(b) For any fiscal year which the general assembly has	48188
specified that the transportation payments to school districts be	48189
calculated in accordance with section ~~3306.12~~3317.0212 of the	48190
Revised Code and any rules of the state board of education	48191
implementing that section, the payment to the community school	48192
shall be the amount so calculated that otherwise would be paid to	48193
the school district in which the student is entitled to attend	48194
school by the method of transportation the district would have	48195
used. The community school, however, is not required to use the	48196
same method to transport that student.	48197

(c) Divisions (D)(1)(a) and (b) of this section do not apply	48198
to fiscal years 2012 and 2013. Rather, for each of those fiscal	48199
years, the per pupil payment to a community school for	48200
transporting a student shall be the total amount paid under former	48201
section 3306.12 of the Revised Code for fiscal year 2011 to the	48202
school district in which the child is entitled to attend school	48203
divided by that district's "qualifying ridership," as defined in	48204
that section for fiscal year 2011.	48205

As used in this division "entitled to attend school" means	48206
entitled to attend school under section 3313.64 or 3313.65 of the	48207
Revised Code.	48208

(2) The department shall deduct the payment under division	48209
(D)(1) of this section from the state education aid, as defined in	48210
section 3314.08 of the Revised Code, and, if necessary, the	48211
payment under sections 321.14 and 323.156 of the Revised Code,	48212
that is otherwise paid to the school district in which the student	48213
enrolled in the community school is entitled to attend school. The	48214
department shall include the number of the district's native	48215
students for whom payment is made to a community school under	48216
division (D)(1) of this section in the calculation of the	48217
district's transportation payment under section ~~3306.12~~3317.0212	48218
of the Revised Code and the operating appropriations act.	48219

(3) A community school shall be paid under division (D)(1) of	48220
this section only for students who are eligible as specified in	48221
section 3327.01 of the Revised Code and division (C)(1) of this	48222
section, and whose transportation to and from school is actually	48223
provided, who actually utilized transportation arranged, or for	48224
whom a payment in lieu of transportation is made by the community	48225
school's governing authority. To qualify for the payments, the	48226
community school shall report to the department, in the form and	48227
manner required by the department, data on the number of students	48228
transported or whose transportation is arranged, the number of	48229
miles traveled, cost to transport, and any other information	48230
requested by the department.	48231

(4) A community school shall use payments received under this	48232
section solely to pay the costs of providing or arranging for the	48233
transportation of students who are eligible as specified in	48234
section 3327.01 of the Revised Code and division (C)(1) of this	48235
section, which may include payments to a parent, guardian, or	48236
other person in charge of a child in lieu of transportation.	48237

(E) Except when arranged through payment to a parent,	48238
guardian, or person in charge of a child, transportation provided	48239
or arranged for by a community school pursuant to an agreement	48240
under this section is subject to all provisions of the Revised	48241
Code, and all rules adopted under the Revised Code, pertaining to	48242
the construction, design, equipment, and operation of school buses	48243
and other vehicles transporting students to and from school. The	48244
drivers and mechanics of the vehicles are subject to all	48245
provisions of the Revised Code, and all rules adopted under the	48246
Revised Code, pertaining to drivers and mechanics of such	48247
vehicles. The community school also shall comply with sections	48248
3313.201, 3327.09, and 3327.10 of the Revised Code, division (B)	48249
of section 3327.16 of the Revised Code and, subject to division	48250
(C)(1) of this section, sections 3327.01 and 3327.02 of the	48251
Revised Code, as if it were a school district.	48252

Sec. 3314.10. (A)~~(1)~~ The governing authority of any	48253
community school established under this chapter, or any operator	48254
of the school, or both, may employ teachers and nonteaching	48255
employees necessary to carry out ~~its~~the school's mission and	48256
fulfill ~~its~~the school's contract.	48257

~~(2)~~ Except as otherwise provided under this division ~~(A)(3)~~	48258
~~of this section~~, employees hired by a community school governing	48259
authority under this section are not subject to Chapter 4117. of	48260
the Revised Code and may not organize ~~and~~or collectively bargain	48261
pursuant to ~~Chapter 4117. of the Revised Code~~that chapter.	48262
~~Notwithstanding division (D)(1) of section 4117.06 of the Revised~~	48263
~~Code, a unit containing teaching and nonteaching employees~~	48264
~~employed under this section shall be considered an appropriate~~	48265
~~unit.~~ As applicable, employment under this section is subject to	48266
either Chapter 3307. or 3309. of the Revised Code.	48267

~~(3) If a school is created by converting all or part of an~~	48268
~~existing public school rather than by establishment of a new~~	48269
~~start-up school, at the time of conversion, the~~The employees of	48270
~~the~~a community school ~~shall remain part of any~~governing	48271
authority who are covered by a collective bargaining ~~unit in~~	48272
~~which they were included immediately prior to the conversion and~~	48273
agreement on the effective date of this amendment shall remain	48274
subject to ~~any~~that collective bargaining agreement ~~for that unit~~	48275
~~in effect on the first day of July of the year in which the~~	48276
~~community school initially begins operation and shall be subject~~	48277
~~to any subsequent~~until the collective bargaining agreement ~~for~~	48278
~~that unit, unless a petition is certified as sufficient under~~	48279
~~division (A)(6) of this section with regard to those employees.~~	48280
~~Any new employees of the community school shall also be included~~	48281
~~in the unit to which they would have been assigned had not the~~	48282
~~conversion taken place and shall be subject to the collective~~	48283
~~bargaining agreement for that unit unless a petition is certified~~	48284
~~as sufficient under division (A)(6) of this section with regard to~~	48285
~~those employees~~expires on its terms. Upon expiration of the	48286
collective bargaining agreement, the employees are not subject to	48287
Chapter 4117. of the Revised Code and may not organize or	48288
collectively bargain pursuant to that chapter.	48289

~~Notwithstanding division (B) of section 4117.01 of the~~	48290
~~Revised Code, the board of education of a school district and not~~	48291
~~the governing authority of a community school shall be regarded,~~	48292
~~for purposes of Chapter 4117. of the Revised Code, as the "public~~	48293
~~employer" of the employees of a conversion community school~~	48294
~~subject to a collective bargaining agreement pursuant to division~~	48295
~~(A)(3) of this section unless a petition is certified under~~	48296
~~division (A)(6) of this section with regard to those employees.~~	48297
~~Only on and after the effective date of a petition certified as~~	48298
~~sufficient under division (A)(6) of this section shall division~~	48299
~~(A)(2) of this section apply to those employees of that community~~	48300
~~school and only on and after the effective date of that petition~~	48301
~~shall Chapter 4117. of the Revised Code apply to the governing~~	48302
~~authority of that community school with regard to those employees.~~	48303

~~(4) Notwithstanding sections 4117.03 to 4117.18 of the~~	48304
~~Revised Code and Section 4 of Amended Substitute Senate Bill No.~~	48305
~~133 of the 115th general assembly, the employees of a conversion~~	48306
~~community school who are subject to a collective bargaining~~	48307
~~agreement pursuant to division (A)(3) of this section shall cease~~	48308
~~to be subject to that agreement and all subsequent agreements~~	48309
~~pursuant to that division and shall cease to be part of the~~	48310
~~collective bargaining unit that is subject to that and all~~	48311
~~subsequent agreements, if a majority of the employees of that~~	48312
~~community school who are subject to that collective bargaining~~	48313
~~agreement sign and submit to the state employment relations board~~	48314
~~a petition requesting all of the following:~~	48315

~~(a) That all the employees of the community school who are~~	48316
~~subject to that agreement be removed from the bargaining unit that~~	48317
~~is subject to that agreement and be designated by the state~~	48318
~~employment relations board as a new and separate bargaining unit~~	48319
~~for purposes of Chapter 4117. of the Revised Code;~~	48320

~~(b) That the employee organization certified as the exclusive~~	48321
~~representative of the employees of the bargaining unit from which~~	48322
~~the employees are to be removed be certified as the exclusive~~	48323
~~representative of the new and separate bargaining unit for~~	48324
~~purposes of Chapter 4117. of the Revised Code;~~	48325

~~(c) That the governing authority of the community school be~~	48326
~~regarded as the "public employer" of these employees for purposes~~	48327
~~of Chapter 4117. of the Revised Code.~~	48328

~~(5) Notwithstanding sections 4117.03 to 4117.18 of the~~	48329
~~Revised Code and Section 4 of Amended Substitute Senate Bill No.~~	48330
~~133 of the 115th general assembly, the employees of a conversion~~	48331
~~community school who are subject to a collective bargaining~~	48332
~~agreement pursuant to division (A)(3) of this section shall cease~~	48333
~~to be subject to that agreement and all subsequent agreements~~	48334
~~pursuant to that division, shall cease to be part of the~~	48335
~~collective bargaining unit that is subject to that and all~~	48336
~~subsequent agreements, and shall cease to be represented by any~~	48337
~~exclusive representative of that collective bargaining unit, if a~~	48338
~~majority of the employees of the community school who are subject~~	48339
~~to that collective bargaining agreement sign and submit to the~~	48340
~~state employment relations board a petition requesting all of the~~	48341
~~following:~~	48342

~~(a) That all the employees of the community school who are~~	48343
~~subject to that agreement be removed from the bargaining unit that~~	48344
~~is subject to that agreement;~~	48345

~~(b) That any employee organization certified as the exclusive~~	48346
~~representative of the employees of that bargaining unit be~~	48347
~~decertified as the exclusive representative of the employees of~~	48348
~~the community school who are subject to that agreement;~~	48349

~~(c) That the governing authority of the community school be~~	48350
~~regarded as the "public employer" of these employees for purposes~~	48351
~~of Chapter 4117. of the Revised Code.~~	48352

~~(6) Upon receipt of a petition under division (A)(4) or (5)~~	48353
~~of this section, the state employment relations board shall check~~	48354
~~the sufficiency of the signatures on the petition. If the~~	48355
~~signatures are found sufficient, the board shall certify the~~	48356
~~sufficiency of the petition and so notify the parties involved,~~	48357
~~including the board of education, the governing authority of the~~	48358
~~community school, and any exclusive representative of the~~	48359
~~bargaining unit. The changes requested in a certified petition~~	48360
~~shall take effect on the first day of the month immediately~~	48361
~~following the date on which the sufficiency of the petition is~~	48362
~~certified under division (A)(6) of this section.~~	48363

(B)(1) The board of education of each city, local, and	48364
exempted village school district sponsoring a community school and	48365
the governing board of each educational service center in which a	48366
community school is located shall adopt a policy that provides a	48367
leave of absence of at least three years to each teacher or	48368
nonteaching employee of the district or service center who is	48369
employed by the government authority of a conversion or new	48370
start-up community school sponsored by the district or located in	48371
the district or center for the period during which the teacher or	48372
employee is continuously employed by the community school. The	48373
policy shall also provide that any teacher or nonteaching employee	48374
may return to employment by the district or service center if the	48375
teacher or employee leaves or is discharged from employment with	48376
the community school for any reason, unless, in the case of a	48377
teacher, the board of the district or service center determines	48378
that the teacher was discharged for a reason for which the board	48379
would have sought to discharge the teacher under section 3319.16	48380
of the Revised Code, in which case the board may proceed to	48381
discharge the teacher utilizing the procedures of that section.	48382
Upon termination of such a leave of absence, any seniority that is	48383
applicable to the person shall be calculated to include all of the	48384
following: all employment by the district or service center prior	48385
to the leave of absence; all employment by the community school	48386
during the leave of absence; and all employment by the district or	48387
service center after the leave of absence. The policy shall also	48388
provide that if any teacher holding valid certification returns to	48389
employment by the district or service center upon termination of	48390
such a leave of absence, the teacher shall be restored to the	48391
previous position and salary or to a position and salary similar	48392
thereto. If, as a result of teachers returning to employment upon	48393
termination of such leaves of absence, a school district or	48394
educational service center reduces the number of teachers it	48395
employs, it shall make such reductions in accordance with section	48396
~~3319.17 or, if applicable,~~ 3319.171 of the Revised Code.	48397

~~Unless a collective bargaining agreement providing otherwise~~	48398
~~is in effect for an employee of a conversion community school~~	48399
~~pursuant to division (A)(3) of this section, an~~An employee on a	48400
leave of absence pursuant to this division shall remain eligible	48401
for any benefits that are in addition to benefits under Chapter	48402
3307. or 3309. of the Revised Code provided by the district or	48403
service center to its employees provided the employee pays the	48404
entire cost associated with such benefits, except that personal	48405
leave and vacation leave cannot be accrued for use as an employee	48406
of a school district or service center while in the employ of a	48407
community school unless the district or service center board	48408
adopts a policy expressly permitting this accrual.	48409

(2) While on a leave of absence pursuant to division (B)(1)	48410
of this section, a conversion community school shall permit a	48411
teacher to use sick leave accrued while in the employ of the	48412
school district from which the leave of absence was taken and	48413
prior to commencing such leave. If a teacher who is on such a	48414
leave of absence uses sick leave so accrued, the cost of any	48415
salary paid by the community school to the teacher for that time	48416
shall be reported to the department of education. The cost of	48417
employing a substitute teacher for that time shall be paid by the	48418
community school. The department of education shall add amounts to	48419
the payments made to a community school under this chapter as	48420
necessary to cover the cost of salary reported by a community	48421
school as paid to a teacher using sick leave so accrued pursuant	48422
to this section. The department shall subtract the amounts of any	48423
payments made to community schools under this division from	48424
payments made to such sponsoring school district under ~~Chapters~~	48425
~~3306. and~~Chapter 3317. of the Revised Code.	48426

A school district providing a leave of absence and employee	48427
benefits to a person pursuant to this division is not liable for	48428
any action of that person while the person is on such leave and	48429
employed by a community school.	48430

Sec. 3314.13. Payments and deductions under this section for	48431
fiscal years ~~2010~~2012 and ~~2011~~2013 shall be made in accordance	48432
with section 3314.088 of the Revised Code.	48433

(A) As used in this section:

48434

(1) "All-day kindergarten" has the same meaning as in section	48435
3317.029 of the Revised Code.	48436

(2) "Formula amount" has the same meaning as in section	48437
3317.02 of the Revised Code.	48438

(B) Except as provided in division (C) of this section, the	48439
department of education annually shall pay each community school	48440
established under this chapter one-half of the formula amount for	48441
each student to whom both of the following apply:	48442

(1) The student is entitled to attend school under section	48443
3313.64 or 3313.65 of the Revised Code in a school district that	48444
is eligible to receive a payment under division (D) of section	48445
3317.029 of the Revised Code if it provides all-day kindergarten;	48446

(2) The student is reported by the community school as	48447
enrolled in all-day kindergarten at the community school.	48448

(C) The department shall make no payments under this section	48449
to any internet- or computer-based community school.	48450

(D) If a student for whom payment is made under division (B)	48451
of this section is entitled to attend school in a district that	48452
receives any payment for all-day kindergarten under division (D)	48453
of section 3317.029 of the Revised Code, the department shall	48454
deduct the payment to the community school under this section from	48455
the amount paid that school district under that division. If that	48456
school district does not receive payment for all-day kindergarten	48457
under that division because it does not provide all-day	48458
kindergarten, the department shall pay the community school from	48459
state funds appropriated generally for poverty-based assistance to	48460
school districts.	48461

(E) The department shall adjust the amounts deducted from	48462
school districts and paid to community schools under this section	48463
to reflect any enrollments of students in all-day kindergarten in	48464
community schools for less than the equivalent of a full school	48465
year.	48466

Sec. 3314.19. The sponsor of each community school annually	48467
shall provide the following assurances in writing to the	48468
department of education not later than ~~ten business~~five days	48469
prior to the opening of the school:	48470

(A) That a current copy of the contract between the sponsor	48471
and the governing authority of the school entered into under	48472
section 3314.03 of the Revised Code has been filed with the state	48473
office of community schools established under section 3314.11 of	48474
the Revised Code and that any subsequent modifications to that	48475
contract will be filed with the office;	48476

(B) That the school has submitted to the sponsor a plan for	48477
providing special education and related services to students with	48478
disabilities and has demonstrated the capacity to provide those	48479
services in accordance with Chapter 3323. of the Revised Code and	48480
federal law, as measured on an instructional-period basis;	48481

(C) That the school has a plan and procedures for	48482
administering the achievement and diagnostic assessments	48483
prescribed by sections 3301.0710, 3301.0712, and 3301.0715 of the	48484
Revised Code;	48485

(D) That school personnel have the necessary training,	48486
knowledge, and resources to properly use and submit information to	48487
all databases maintained by the department for the collection of	48488
education data, including the education management information	48489
system established under section 3301.0714 of the Revised Code in	48490
accordance with methods and timelines established under section	48491
3314.17 of the Revised Code;	48492

(E) That all required information about the school has been	48493
submitted to the Ohio education directory system or any successor	48494
system;	48495

(F) That the school will enroll at least the minimum number	48496
of students required by division (A)(11)(a) of section 3314.03 of	48497
the Revised Code in the school year for which the assurances are	48498
provided;	48499

(G) That all classroom teachers are licensed in accordance	48500
with sections 3319.22 to 3319.31 of the Revised Code, except for	48501
noncertificated persons engaged to teach up to twelve hours per	48502
week pursuant to section 3319.301 of the Revised Code;	48503

(H) That the school's fiscal officer is in compliance with	48504
section 3314.011 of the Revised Code;	48505

(I) That the school has complied with sections 3319.39 and	48506
3319.391 of the Revised Code with respect to all employees and	48507
that the school has conducted a criminal records check of each of	48508
its governing authority members;	48509

(J) That the school holds all of the following:

48510

(1) Proof of property ownership or a lease for the facilities	48511
used by the school;	48512

(2) A certificate of occupancy;

48513

(3) Liability insurance for the school, as required by	48514
division (A)(11)(b) of section 3314.03 of the Revised Code, that	48515
the sponsor considers sufficient to indemnify the school's	48516
facilities, staff, and governing authority against risk;	48517

(4) A satisfactory health and safety inspection;

48518

(5) A satisfactory fire inspection;

48519

(6) A valid food permit, if applicable.

48520

(K) That the sponsor has conducted a pre-opening site visit	48521
to the school for the school year for which the assurances are	48522
provided;	48523

(L) That the school has designated a date it will open for	48524
the school year for which the assurances are provided that is in	48525
compliance with division (A)(25) of section 3314.03 of the Revised	48526
Code;	48527

(M) That the school has met all of the sponsor's requirements	48528
for opening and any other requirements of the sponsor.	48529

Sec. 3314.22. (A)(1) Each household with a child enrolled in	48530
an internet- or computer-based community school is entitled to a	48531
at least one computer supplied by the school~~; however~~. If there	48532
are at least three children enrolled in an internet- or	48533
computer-based community school residing in the same household,	48534
the household shall be entitled to at least one additional	48535
computer supplied by the school. However, the parent of any child	48536
enrolled in the school may waive this entitlement in the manner	48537
specified in division (A)~~(3)~~(2) of this section. In no case shall	48538
an internet- or computer-based community school provide a stipend	48539
or other substitute to the household of an enrolled child ~~or the~~	48540
~~child's parent~~ in lieu of supplying a computer ~~to the child~~or	48541
computers to the household as required by this section. ~~The~~	48542
~~prohibition contained in the preceding sentence is intended to~~	48543
~~clarify the meaning of this division as it existed prior to~~	48544
~~September 29, 2005, and is not intended to change that meaning in~~	48545
~~any way.~~	48546

(2) ~~Notwithstanding division (A)(1) of this section, if more~~	48547
~~than one child living in a single residence is enrolled in an~~	48548
~~internet- or computer-based community school, at the option of the~~	48549
~~parent of those children, the school may supply less than one~~	48550
~~computer per child, as long as at least one computer is supplied~~	48551
~~to the residence. An internet- or computer-based community school~~	48552
~~may supply no computer at all only if the parent has waived the~~	48553
~~entitlement prescribed in division (A)(1) of this section in the~~	48554
~~manner specified in division (A)(3) of this section. The parent~~	48555
~~may amend the decision to accept less than one computer per child~~	48556
~~anytime during the school year, and, in such case, within thirty~~	48557
~~days after the parent notifies the school of such amendment, the~~	48558
~~school shall provide any additiona1 computers requested by the~~	48559
~~parent up to the number necessary to comply with division (A)(1)~~	48560
~~of this section.~~	48561

~~(3)~~ The parent of any child enrolled in an internet- or	48562
computer-based community school may waive the entitlement to ~~one~~	48563
~~computer per child, and have no computer at all supplied by the~~	48564
~~school~~a computer or computers as specified in division (A)(1) of	48565
this section, if the school and parent set forth that waiver in	48566
writing with both parties attesting that there is a computer	48567
available to the child in the child's residence with sufficient	48568
hardware, software, programming, and connectivity so that the	48569
child may fully participate in all of the learning opportunities	48570
offered to the child by the school. The parent may amend the	48571
decision to waive the entitlement at any time during the school	48572
year and, in such case, within thirty days after the parent	48573
notifies the school of that decision, the school shall provide any	48574
additional computers requested by the parent up to the number	48575
necessary to comply with division (A)(1) of this section,	48576
regardless of whether there is any change in the conditions	48577
attested to in the waiver.	48578

~~(4)~~(3) A copy of a waiver executed under division (A)~~(3)~~(2)	48579
of this section shall be retained by the internet- or	48580
computer-based community school and the parent who attested to the	48581
conditions prescribed in that division. The school shall submit a	48582
copy of the waiver to the office of community schools, established	48583
under section 3314.11 of the Revised Code, immediately upon	48584
execution of the waiver.	48585

~~(5)~~(4) The school shall notify the office of community	48586
schools, in the manner specified by the office, ~~of any parent's~~	48587
~~decision under division (A)(2) of this section to accept less than~~	48588
~~one computer per child or the parent's amendment to that decision,~~	48589
~~and~~ of any parent's decision to amend the waiver executed under	48590
division (A)~~(3)~~(2) of this section.	48591

(B) Each internet- or computer-based community school shall	48592
provide to each parent who is considering enrolling the parent's	48593
child in the school and to the parent of each child already	48594
enrolled in the school a written notice of the provisions	48595
prescribed in division (A) of this section.	48596

(C) If a community school that is not an internet- or	48597
computer-based community school provides any of its enrolled	48598
students with nonclassroom-based learning opportunities provided	48599
via an internet- or other computer-based instructional method and	48600
requires such students to participate in any of those learning	48601
opportunities from their residences, the school shall be subject	48602
to this section and division (C)(1) of section 3314.21 of the	48603
Revised Code relative to each such student in the same manner as	48604
an internet- or computer-based community school, unless both of	48605
the following conditions apply to the student:	48606

(1) The nonclassroom-based learning opportunities in which	48607
the student is required to participate from the student's	48608
residence are supplemental in nature or do not constitute a	48609
significant portion of the total classroom-based and	48610
nonclassroom-based learning opportunities provided to the student	48611
by the school;	48612

(2) The student's residence is equipped with a computer	48613
available for the student's use.	48614

Sec. 3314.26. (A) Each internet- or computer-based community	48615
school shall withdraw from the school any student who, for two	48616
consecutive school years, has failed to participate in the spring	48617
administration of any assessment prescribed under section	48618
3301.0710 or 3301.0712 of the Revised Code for the student's grade	48619
level and was not excused from the assessment pursuant to division	48620
(C)(1) or (3) of section 3301.0711 of the Revised Code, regardless	48621
of whether a waiver was granted for the student under division	48622
(P)(3) of section 3314.08 of the Revised Code. The school shall	48623
report any such student's data verification code, as assigned	48624
pursuant to section 3301.0714 of the Revised Code, to the	48625
department of education. The department shall maintain a list of	48626
all data verification codes reported under this division and	48627
section 3313.6410 of the Revised Code and provide that list to	48628
each internet- or computer-based community school and to each	48629
school to which section 3313.6410 of the Revised Code applies.	48630
Each internet- or computer-based school shall withdraw a student	48631
under this section not later than the end of the second	48632
consecutive school year in which the student has failed to	48633
participate in the spring administration of assessments as	48634
specified under this section.	48635

(B) No internet- or computer-based community school shall	48636
receive any state funds under this chapter for any enrolled	48637
student whose data verification code appears on the list	48638
maintained by the department under division (A) of this section.	48639

Notwithstanding any provision of the Revised Code to the	48640
contrary, the parent of any such student shall pay tuition to the	48641
internet- or computer-based community school in an amount equal to	48642
the state funds the school otherwise would receive for that	48643
student, as determined by the department. An internet- or	48644
computer-based community school may withdraw any student for whom	48645
the parent does not pay tuition as required by this division.	48646

Sec. 3314.35. (A)(1) ~~Except as provided in division (A)(3)~~	48647
~~of this section, this section applies to any community school that~~	48648
~~meets one of the following criteria after July 1, 2008, but before~~	48649
~~July 1, 2009:~~	48650

~~(a) The school does not offer a grade level higher than three~~	48651
~~and has been declared to be in a state of academic emergency under~~	48652
~~section 3302.03 of the Revised Code for four consecutive school~~	48653
~~years.~~	48654

~~(b) The school satisfies all of the following conditions:~~

48655

~~(i) The school offers any of grade levels four to eight but~~	48656
~~does not offer a grade level higher than nine.~~	48657

~~(ii) The school has been declared to be in a state of~~	48658
~~academic emergency under section 3302.03 of the Revised Code for~~	48659
~~three consecutive school years.~~	48660

~~(iii) For two of those school years, the school showed less~~	48661
~~than one standard year of academic growth in either reading or~~	48662
~~mathematics, as determined by the department of education in~~	48663
~~accordance with rules adopted under division (A) of section~~	48664
~~3302.021 of the Revised Code.~~	48665

~~(c) The school satisfies all of the following conditions:~~

48666

~~(i) The school offers any of grade levels ten to twelve.~~

48667

~~(ii) The school has been declared to be in a state of~~	48668
~~academic emergency under section 3302.03 of the Revised Code for~~	48669
~~three consecutive school years.~~	48670

~~(iii) For two of those school years, the school showed less~~	48671
~~than two standard years of academic growth in either reading or~~	48672
~~mathematics, as determined by the department in accordance with~~	48673
~~rules adopted under division (A) of section 3302.021 of the~~	48674
~~Revised Code.~~	48675

~~(2)~~ Except as provided in division (A)(3) of this section,	48676
this section applies to any community school that meets one of the	48677
following criteria after July 1, 2009, but before July 1, 2011:	48678

(a) The school does not offer a grade level higher than three	48679
and has been declared to be in a state of academic emergency under	48680
section 3302.03 of the Revised Code for three of the four most	48681
recent school years.	48682

(b) The school satisfies all of the following conditions:

48683

(i) The school offers any of grade levels four to eight but	48684
does not offer a grade level higher than nine.	48685

(ii) The school has been declared to be in a state of	48686
academic emergency under section 3302.03 of the Revised Code for	48687
two of the three most recent school years.	48688

(iii) In at least two of the three most recent school years,	48689
the school showed less than one standard year of academic growth	48690
in either reading or mathematics, as determined by the department	48691
of education in accordance with rules adopted under division (A)	48692
of section 3302.021 of the Revised Code.	48693

(c) The school offers any of grade levels ten to twelve and	48694
has been declared to be in a state of academic emergency under	48695
section 3302.03 of the Revised Code for three of the four most	48696
recent school years.	48697

(2) Except as provided in division (A)(3) of this section,	48698
this section applies to any community school that meets one of the	48699
following criteria after July 1, 2011:	48700

(a) The school does not offer a grade level higher than three	48701
and has been declared to be in a state of academic emergency under	48702
section 3302.03 of the Revised Code for two of the three most	48703
recent school years.	48704

(b) The school satisfies all of the following conditions:

48705

(i) The school offers any of grade levels four to eight but	48706
does not offer a grade level higher than nine.	48707

(ii) The school has been declared to be in a state of	48708
academic emergency under section 3302.03 of the Revised Code for	48709
two of the three most recent school years.	48710

(iii) In at least two of the three most recent school years,	48711
the school showed less than one standard year of academic growth	48712
in either reading or mathematics, as determined by the department	48713
in accordance with rules adopted under division (A) of section	48714
3302.021 of the Revised Code.	48715

(c) The school offers any of grade levels ten to twelve and	48716
has been declared to be in a state of academic emergency under	48717
section 3302.03 of the Revised Code for two of the three most	48718
recent school years.	48719

(3) This section does not apply to either of the following:

48720

(a) Any community school in which a majority of the students	48721
are enrolled in a dropout prevention and recovery program that is	48722
operated by the school and that has been granted a waiver under	48723
section 3314.36 of the Revised Code;	48724

(b) Any community school in which a majority of the enrolled	48725
students are children with disabilities receiving special	48726
education and related services in accordance with Chapter 3323. of	48727
the Revised Code.	48728

(B) Any community school to which this section applies shall	48729
permanently close at the conclusion of the school year in which	48730
the school first becomes subject to this section. The sponsor and	48731
governing authority of the school shall comply with all procedures	48732
for closing a community school adopted by the department under	48733
division (E) of section 3314.015 of the Revised Code. The	48734
governing authority of the school shall not enter into a contract	48735
with any other sponsor under section 3314.03 of the Revised Code	48736
after the school closes.	48737

(C) ~~Not later than July 1, 2008, the department shall~~	48738
~~determine the feasibility of using the value-added progress~~	48739
~~dimension, as defined in section 3302.01 of the Revised Code, as a~~	48740
~~factor in evaluating the academic performance of community schools~~	48741
~~described in division (A)(1)(c)(i) of this section.~~	48742
~~Notwithstanding divisions (A)(1)(c)(ii) and (iii) of this section,~~	48743
~~if the department determines that using the value-added progress~~	48744
~~dimension to evaluate community schools described in division~~	48745
~~(A)(1)(c)(i) of this section is not feasible, a community school~~	48746
~~described in that division shall be required to permanently close~~	48747
~~under this section only if it has been declared to be in a state~~	48748
~~of academic emergency under section 3302.03 of the Revised Code~~	48749
~~for four consecutive school years.~~	48750

~~(D)~~ In accordance with division (B) of section 3314.012 of	48751
the Revised Code, the department shall not consider the	48752
performance ratings assigned to a community school for its first	48753
two years of operation when determining whether the school meets	48754
the criteria prescribed by division (A)(1) or (2) of this section.	48755
~~The department shall reevaluate each community school that the~~	48756
~~department directed to close at the conclusion of the 2009-2010~~	48757
~~school year to determine if the school still meets the criteria~~	48758
~~prescribed by division (A)(2) of this section when the school's~~	48759
~~performance ratings for its first two years of operation are not~~	48760
~~considered and, if the school no longer meets those criteria, the~~	48761
~~department shall not require the school to close at the conclusion~~	48762
~~of that school year.~~	48763

Sec. 3314.36. (A) Section 3314.35 of the Revised Code does	48764
not apply to any community school in which a majority of the	48765
students are enrolled in a dropout prevention and recovery program	48766
that is operated by the school and that has been granted a waiver	48767
by the department of education. The department shall grant a	48768
waiver to a dropout prevention and recovery program, within sixty	48769
days after the program applies for the waiver, if the program	48770
meets all of the following conditions:	48771

(1) The program serves only students not younger than sixteen	48772
years of age and not older than twenty-one years of age.	48773

(2) The program enrolls students who, at the time of their	48774
initial enrollment, either, or both, are at least one grade level	48775
behind their cohort age groups or experience crises that	48776
significantly interfere with their academic progress such that	48777
they are prevented from continuing their traditional programs.	48778

(3) The program requires students to attain at least the	48779
applicable score designated for each of the assessments prescribed	48780
under division (B)(1) of section 3301.0710 of the Revised Code or,	48781
to the extent prescribed by rule of the state board of education	48782
under division ~~(E)~~(D)(6) of section 3301.0712 of the Revised	48783
Code, division (B)(2) of that section.	48784

(4) The program develops an individual career plan for the	48785
student that specifies the student's matriculating to a two-year	48786
degree program, acquiring a business and industry credential, or	48787
entering an apprenticeship.	48788

(5) The program provides counseling and support for the	48789
student related to the plan developed under division (A)(4) of	48790
this section during the remainder of the student's high school	48791
experience.	48792

(6) Prior to receiving the waiver, the program has submitted	48793
to the department an instructional plan that demonstrates how the	48794
academic content standards adopted by the state board of education	48795
under section 3301.079 of the Revised Code will be taught and	48796
assessed.	48797

If the department does not act either to grant the waiver or	48798
to reject the program application for the waiver within sixty days	48799
as required under this section, the waiver shall be considered to	48800
be granted.	48801

(B) Notwithstanding division (A) of this section, the	48802
department shall not grant a waiver to any community school that	48803
did not qualify for a waiver under this section when it initially	48804
began operations, unless the state board of education approves the	48805
waiver.	48806

Sec. 3314.38. An individual who is at least twenty-two but	48807
younger than thirty years of age and who has not been awarded a	48808
high school diploma or a certificate of high school equivalence,	48809
as defined in section 4109.06 of the Revised Code, may enroll in a	48810
dropout prevention and recovery program operated by a community	48811
school that has been granted a waiver under section 3314.36 of the	48812
Revised Code for the same educational program offered to students	48813
who are entitled to attend school in a school district under	48814
section 3313.64 or 3313.65 of the Revised Code for up to two	48815
cumulative school years. The community school shall include that	48816
individual in the school's student enrollment reported under	48817
division (B) of section 3314.08 of the Revised Code. The community	48818
school shall receive the amounts attributable to the individual's	48819
enrollment prescribed by division (D) of section 3314.08 of the	48820
Revised Code paid from funds specifically appropriated for that	48821
purpose.	48822

Sec. 3314.50. If the governing authority of a community	48823
school contracts with an operator, all of the following shall	48824
apply:	48825

(A) The governing authority may delegate any or all of the	48826
rights, duties, and responsibilities of the governing authority to	48827
the operator.	48828

(B) Upon the expiration of the contract, the governing	48829
authority shall offer the operator the opportunity to renew the	48830
contract prior to soliciting services from any other operator.	48831

(C) The operator shall have standing to bring an action or	48832
proceeding in any court concerning the school's operations or the	48833
renewal, nonrenewal, or termination of the governing authority's	48834
contract with the school's sponsor entered into under section	48835
3314.03 of the Revised Code, or to appear in any such action or	48836
proceeding.	48837

Sec. 3315.01. (A) Except as provided in division (B) of this	48838
section and notwithstanding sections 3315.12 and 3315.14 of the	48839
Revised Code, the board of education of any school district may	48840
adopt a resolution requiring the treasurer of the district to	48841
credit the earnings made on the investment of the principal of the	48842
moneys specified in the resolution to the fund from which the	48843
earnings arose or any other fund of the district as the board	48844
specifies in its resolution.	48845

(B) This section does not apply to the earnings made on the	48846
investment of the bond retirement fund, the sinking fund, a	48847
project construction fund established pursuant to sections 3318.01	48848
to 3318.20 of the Revised Code, or the payments received by school	48849
districts pursuant to division ~~(I)~~(E) of section 3317.024 of the	48850
Revised Code.	48851

Sec. 3316.041. (A) Notwithstanding any provision of Chapter	48852
133. or sections 3313.483 to 3313.4811 of the Revised Code, and	48853
subject to the approval of the superintendent of public	48854
instruction, a school district that is in a state of fiscal watch	48855
declared under section 3316.03 of the Revised Code may restructure	48856
or refinance loans obtained or in the process of being obtained	48857
under section 3313.483 of the Revised Code if all of the following	48858
requirements are met:	48859

(1) The operating deficit certified for the school district	48860
for the current or preceding fiscal year under section 3313.483 of	48861
the Revised Code exceeds fifteen per cent of the district's	48862
general revenue fund for the fiscal year preceding the year for	48863
which the certification of the operating deficit is made.	48864

(2) The school district voters have, during the period of the	48865
fiscal watch, approved the levy of a tax under section 718.09,	48866
718.10, 5705.194, 5705.21, or 5748.02 of the Revised Code that is	48867
not a renewal or replacement levy, or a levy under section	48868
5705.199 of the Revised Code, and that will provide new operating	48869
revenue.	48870

(3) The board of education of the school district has adopted	48871
or amended the financial plan required by section 3316.04 of the	48872
Revised Code to reflect the restructured or refinanced loans, and	48873
sets forth the means by which the district will bring projected	48874
operating revenues and expenditures, and projected debt service	48875
obligations, into balance for the life of any such loan.	48876

(B) Subject to the approval of the superintendent of public	48877
instruction, the school district may issue securities to evidence	48878
the restructuring or refinancing authorized by this section. Such	48879
securities may extend the original period for repayment not to	48880
exceed ten years, and may alter the frequency and amount of	48881
repayments, interest or other financing charges, and other terms	48882
or agreements under which the loans were originally contracted,	48883
provided the loans received under sections 3313.483 of the Revised	48884
Code are repaid from funds the district would otherwise receive	48885
under Chapter ~~3306.~~3317. of the Revised Code, as required under	48886
division (E)(3) of section 3313.483 of the Revised Code.	48887
Securities issued for the purpose of restructuring or refinancing	48888
under this section shall be repaid in equal payments and at equal	48889
intervals over the term of the debt and are not eligible to be	48890
included in any subsequent proposal to restructure or refinance.	48891

(C) Unless the district is declared to be in a state of	48892
fiscal emergency under division (D) of section 3316.04 of the	48893
Revised Code, a school district shall remain in a state of fiscal	48894
watch for the duration of the repayment period of any loan	48895
restructured or refinanced under this section.	48896

Sec. 3316.06. (A) Within one hundred twenty days after the	48897
first meeting of a school district financial planning and	48898
supervision commission, the commission shall adopt a financial	48899
recovery plan regarding the school district for which the	48900
commission was created. During the formulation of the plan, the	48901
commission shall seek appropriate input from the school district	48902
board and from the community. This plan shall contain the	48903
following:	48904

(1) Actions to be taken to:

48905

(a) Eliminate all fiscal emergency conditions declared to	48906
exist pursuant to division (B) of section 3316.03 of the Revised	48907
Code;	48908

(b) Satisfy any judgments, past-due accounts payable, and all	48909
past-due and payable payroll and fringe benefits;	48910

(c) Eliminate the deficits in all deficit funds, except that	48911
any prior year deficits in the capital and maintenance fund	48912
established pursuant to section 3315.18 of the Revised Code shall	48913
be forgiven;	48914

(d) Restore to special funds any moneys from such funds that	48915
were used for purposes not within the purposes of such funds, or	48916
borrowed from such funds by the purchase of debt obligations of	48917
the school district with the moneys of such funds, or missing from	48918
the special funds and not accounted for, if any;	48919

(e) Balance the budget, avoid future deficits in any funds,	48920
and maintain on a current basis payments of payroll, fringe	48921
benefits, and all accounts;	48922

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

48923

(g) Restore the ability of the school district to market	48924
long-term general obligation bonds under provisions of law	48925
applicable to school districts generally.	48926

(2) The management structure that will enable the school	48927
district to take the actions enumerated in division (A)(1) of this	48928
section. The plan shall specify the level of fiscal and management	48929
control that the commission will exercise within the school	48930
district during the period of fiscal emergency, and shall	48931
enumerate respectively, the powers and duties of the commission	48932
and the powers and duties of the school board during that period.	48933
The commission may elect to assume any of the powers and duties of	48934
the school board it considers necessary, including all powers	48935
related to personnel, curriculum, and legal issues in order to	48936
successfully implement the actions described in division (A)(1) of	48937
this section.	48938

(3) The target dates for the commencement, progress upon, and	48939
completion of the actions enumerated in division (A)(1) of this	48940
section and a reasonable period of time expected to be required to	48941
implement the plan. The commission shall prepare a reasonable time	48942
schedule for progress toward and achievement of the requirements	48943
for the plan, and the plan shall be consistent with that time	48944
schedule.	48945

(4) The amount and purpose of any issue of debt obligations	48946
that will be issued, together with assurances that any such debt	48947
obligations that will be issued will not exceed debt limits	48948
supported by appropriate certifications by the fiscal officer of	48949
the school district and the county auditor. Debt obligations	48950
issued pursuant to section 133.301 of the Revised Code shall	48951
include assurances that such debt shall be in an amount not to	48952
exceed the amount certified under division (B) of such section. If	48953
the commission considers it necessary in order to maintain or	48954
improve educational opportunities of pupils in the school	48955
district, the plan may include a proposal to restructure or	48956
refinance outstanding debt obligations incurred by the board under	48957
section 3313.483 of the Revised Code contingent upon the approval,	48958
during the period of the fiscal emergency, by district voters of a	48959
tax levied under section 718.09, 718.10, 5705.194, 5705.21,	48960
5748.02, or 5748.08 of the Revised Code that is not a renewal or	48961
replacement levy, or a levy under section 5705.199 of the Revised	48962
Code, and that will provide new operating revenue. Notwithstanding	48963
any provision of Chapter 133. or sections 3313.483 to 3313.4811 of	48964
the Revised Code, following the required approval of the district	48965
voters and with the approval of the commission, the school	48966
district may issue securities to evidence the restructuring or	48967
refinancing. Those securities may extend the original period for	48968
repayment, not to exceed ten years, and may alter the frequency	48969
and amount of repayments, interest or other financing charges, and	48970
other terms of agreements under which the debt originally was	48971
contracted, at the discretion of the commission, provided that any	48972
loans received pursuant to section 3313.483 of the Revised Code	48973
shall be paid from funds the district would otherwise receive	48974
under Chapter ~~3306.~~3317. of the Revised Code, as required under	48975
division (E)(3) of section 3313.483 of the Revised Code. The	48976
securities issued for the purpose of restructuring or refinancing	48977
the debt shall be repaid in equal payments and at equal intervals	48978
over the term of the debt and are not eligible to be included in	48979
any subsequent proposal for the purpose of restructuring or	48980
refinancing debt under this section.	48981

(B) Any financial recovery plan may be amended subsequent to	48982
its adoption. Each financial recovery plan shall be updated	48983
annually.	48984

(C) Each school district financial planning and supervision	48985
commission shall submit the financial recovery plan it adopts or	48986
updates under this section to the state superintendent of public	48987
instruction for approval immediately following its adoption or	48988
updating. The state superintendent shall evaluate the plan and	48989
either approve or disapprove it within thirty calendar days from	48990
the date of its submission. If the plan is disapproved, the state	48991
superintendent shall recommend modifications that will render it	48992
acceptable. No financial planning and supervision commission shall	48993
implement a financial recovery plan that is adopted or updated on	48994
or after April 10, 2001, unless the state superintendent has	48995
approved it.	48996

Sec. 3316.20. (A)(1) The school district solvency assistance	48997
fund is hereby created in the state treasury, to consist of such	48998
amounts designated for the purposes of the fund by the general	48999
assembly. The fund shall be used to provide assistance and grants	49000
to school districts to enable them to remain solvent and to pay	49001
unforeseeable expenses of a temporary or emergency nature that	49002
they are unable to pay from existing resources.	49003

(2) There is hereby created within the fund an account known	49004
as the school district shared resource account, which shall	49005
consist of money appropriated to it by the general assembly. The	49006
money in the account shall be used solely for solvency assistance	49007
to school districts that have been declared under division (B) of	49008
section 3316.03 of the Revised Code to be in a state of fiscal	49009
emergency.	49010

(3) There is hereby created within the fund an account known	49011
as the catastrophic expenditures account, which shall consist of	49012
money appropriated to the account by the general assembly plus all	49013
investment earnings of the fund. Money in the account shall be	49014
used solely for the following:	49015

(a) Solvency assistance to school districts that have been	49016
declared under division (B) of section 3316.03 of the Revised Code	49017
to be in a state of fiscal emergency, in the event that all money	49018
in the shared resource account is utilized for solvency	49019
assistance;	49020

(b) Grants to school districts under division (C) of this	49021
section.	49022

(B) Solvency assistance payments under division (A)(2) or	49023
(3)(a) of this section shall be made from the fund by the	49024
superintendent of public instruction in accordance with rules	49025
adopted by the director of budget and management, after consulting	49026
with the superintendent, specifying approval criteria and	49027
procedures necessary for administering the fund.	49028

The fund shall be reimbursed for any solvency assistance	49029
amounts paid under division (A)(2) or (3)(a) of this section not	49030
later than the end of the second fiscal year following the fiscal	49031
year in which the solvency assistance payment was made. If not	49032
made directly by the school district, such reimbursement shall be	49033
made by the director of budget and management from the amounts the	49034
school district would otherwise receive pursuant to Chapter ~~3306.~~	49035
3317. of the Revised Code, or from any other funds appropriated	49036
for the district by the general assembly. Reimbursements shall be	49037
credited to the respective account from which the solvency	49038
assistance paid to the district was deducted.	49039

(C) The superintendent of public instruction may make	49040
recommendations, and the controlling board may grant money from	49041
the catastrophic expenditures account to any school district that	49042
suffers an unforeseen catastrophic event that severely depletes	49043
the district's financial resources. The superintendent shall make	49044
recommendations for the grants in accordance with rules adopted by	49045
the director of budget and management, after consulting with the	49046
superintendent. A school district shall not be required to repay	49047
any grant awarded to the district under this division, unless the	49048
district receives money from this state or a third party,	49049
including an agency of the government of the United States,	49050
specifically for the purpose of compensating the district for	49051
revenue lost or expenses incurred as a result of the unforeseen	49052
catastrophic event. If a school district receives a grant from the	49053
catastrophic expenditures account on the basis of the same	49054
circumstances for which an adjustment or recomputation is	49055
authorized under section 3317.025, 3317.026, 3317.027, 3317.028,	49056
3317.0210, or 3317.0211 of the Revised Code, the department of	49057
education shall reduce the adjustment or recomputation by an	49058
amount not to exceed the total amount of the grant, and an amount	49059
equal to the reduction shall be transferred, from the funding	49060
source from which the adjustment or recomputation would be paid,	49061
to the catastrophic expenditures account. Any adjustment or	49062
recomputation under such sections that is in excess of the total	49063
amount of the grant shall be paid to the school district.	49064

Sec. 3316.21. (A) If a school district has been declared to	49065
be in a state of fiscal emergency by the auditor of state under	49066
section 3316.03 of the Revised Code, and if the auditor of state	49067
has further determined upon examination of the district's	49068
financial recovery plan that implementing that plan cannot	49069
reasonably be expected to correct and eliminate all of the	49070
district's fiscal emergency conditions within five fiscal years,	49071
the auditor of state shall notify the superintendent of public	49072
instruction of that determination.	49073

(B) Not later than ninety days after the state superintendent	49074
receives the auditor of state's notification under division (A) of	49075
this section, the state superintendent shall develop an operations	49076
plan for the district and submit that plan to the state board of	49077
education for approval. Upon approval of the plan, the state board	49078
shall suspend the charter of the district and shall take over the	49079
operation of the district. The state board shall continue to	49080
operate the school district until such time as the district's	49081
board and its financial planning and supervision commission submit	49082
an acceptable financial recovery plan to the state superintendent	49083
and the auditor of state has determined that the district does	49084
have a plan that can reasonably be expected to correct and	49085
eliminate the district's fiscal emergency conditions within five	49086
fiscal years.	49087

(C) While the state board is operating the district, all of	49088
the following apply:	49089

(1) The state board shall exercise all powers granted to the	49090
school district board under the Revised Code for management and	49091
control of the schools of the district, except for the power to	49092
propose property tax or school district income tax levies under	49093
Title LVII of the Revised Code, and shall carry out such powers in	49094
the place of the district board.	49095

(2) Subject to approval of the state board, the district	49096
board shall continue to propose tax levies necessary to operate	49097
the district and to resolve the district's fiscal emergency	49098
conditions.	49099

(3) Employees and officers of the district shall be deemed	49100
employees of the state board.	49101

(4) The state board may delegate any management and control	49102
functions of the district to the district's financial planning and	49103
supervision commission.	49104

(5) The state board shall not revoke the charter of the	49105
district or transfer its territory to other districts.	49106

Sec. 3317.01. As used in this section ~~and section 3317.011~~	49107
~~of the Revised Code~~, "school district," unless otherwise	49108
specified, means any city, local, exempted village, joint	49109
vocational, or cooperative education school district and any	49110
educational service center.	49111

This chapter shall be administered by the state board of	49112
education. The superintendent of public instruction shall	49113
calculate the amounts payable to each school district and shall	49114
certify the amounts payable to each eligible district to the	49115
treasurer of the district as provided by this chapter. As soon as	49116
possible after such amounts are calculated, the superintendent	49117
shall certify to the treasurer of each school district the	49118
district's adjusted charge-off increase, as defined in section	49119
5705.211 of the Revised Code. No moneys shall be distributed	49120
pursuant to this chapter without the approval of the controlling	49121
board.	49122

The state board of education shall, in accordance with	49123
appropriations made by the general assembly, meet the financial	49124
obligations of this chapter.	49125

Moneys distributed pursuant to this chapter shall be	49126
calculated and paid on a fiscal year basis, beginning with the	49127
first day of July and extending through the thirtieth day of June.	49128
The moneys appropriated for each fiscal year shall be distributed	49129
periodically to each school district unless otherwise provided	49130
for. The state board, in June of each year, shall submit ~~a yearly~~	49131
~~distribution plan~~ to the controlling board ~~at its first meeting in~~	49132
~~July. The state board shall submit any proposed midyear revision~~	49133
~~of the plan to the controlling board in January. Any year-end~~	49134
~~revision of the plan shall be submitted to the controlling board~~	49135
~~in June. If moneys appropriated for each fiscal year are~~	49136
~~distributed other than monthly, such distribution shall be on the~~	49137
~~same basis for each school district~~the state board's year-end	49138
distributions pursuant to this chapter.	49139

Except as otherwise provided, payments under this chapter	49140
shall be made only to those school districts in which:	49141

(A) The school district, except for any educational service	49142
center and any joint vocational or cooperative education school	49143
district, levies for current operating expenses at least twenty	49144
mills. Levies for joint vocational or cooperative education school	49145
districts or county school financing districts, limited to or to	49146
the extent apportioned to current expenses, shall be included in	49147
this qualification requirement. School district income tax levies	49148
under Chapter 5748. of the Revised Code, limited to or to the	49149
extent apportioned to current operating expenses, shall be	49150
included in this qualification requirement to the extent	49151
determined by the tax commissioner under division (D) of section	49152
3317.021 of the Revised Code.	49153

(B) The school year next preceding the fiscal year for which	49154
such payments are authorized meets the requirement of section	49155
3313.48 or 3313.481 of the Revised Code, with regard to the	49156
minimum number of days or hours school must be open for	49157
instruction with pupils in attendance, for individualized	49158
parent-teacher conference and reporting periods, and for	49159
professional meetings of teachers. This requirement shall be	49160
waived by the superintendent of public instruction if it had been	49161
necessary for a school to be closed because of disease epidemic,	49162
hazardous weather conditions, inoperability of school buses or	49163
other equipment necessary to the school's operation, damage to a	49164
school building, or other temporary circumstances due to utility	49165
failure rendering the school building unfit for school use,	49166
provided that for those school districts operating pursuant to	49167
section 3313.48 of the Revised Code the number of days the school	49168
was actually open for instruction with pupils in attendance and	49169
for individualized parent-teacher conference and reporting periods	49170
is not less than one hundred seventy-five, or for those school	49171
districts operating on a trimester plan the number of days the	49172
school was actually open for instruction with pupils in attendance	49173
not less than seventy-nine days in any trimester, for those school	49174
districts operating on a quarterly plan the number of days the	49175
school was actually open for instruction with pupils in attendance	49176
not less than fifty-nine days in any quarter, or for those school	49177
districts operating on a pentamester plan the number of days the	49178
school was actually open for instruction with pupils in attendance	49179
not less than forty-four days in any pentamester.	49180

A school district shall not be considered to have failed to	49181
comply with this division or section 3313.481 of the Revised Code	49182
because schools were open for instruction but either twelfth grade	49183
students were excused from attendance for up to three days or only	49184
a portion of the kindergarten students were in attendance for up	49185
to three days in order to allow for the gradual orientation to	49186
school of such students.	49187

The superintendent of public instruction shall waive the	49188
requirements of this section with reference to the minimum number	49189
of days or hours school must be in session with pupils in	49190
attendance for the school year succeeding the school year in which	49191
a board of education initiates a plan of operation pursuant to	49192
section 3313.481 of the Revised Code. The minimum requirements of	49193
this section shall again be applicable to such a district	49194
beginning with the school year commencing the second July	49195
succeeding the initiation of one such plan, and for each school	49196
year thereafter.	49197

A school district shall not be considered to have failed to	49198
comply with this division or section 3313.48 or 3313.481 of the	49199
Revised Code because schools were open for instruction but the	49200
length of the regularly scheduled school day, for any number of	49201
days during the school year, was reduced by not more than two	49202
hours due to hazardous weather conditions.	49203

~~(C) The school district has on file, and is paying in~~	49204
~~accordance with, a teachers' salary schedule which complies with~~	49205
~~section 3317.13 of the Revised Code.~~	49206

A board of education or governing board of an educational	49207
service center which has not conformed with other law and the	49208
rules pursuant thereto, shall not participate in the distribution	49209
of funds authorized by ~~sections 3317.022 to 3317.0211, 3317.11,~~	49210
~~3317.16, 3317.17, and 3317.19 of the Revised Code~~this chapter,	49211
except for good and sufficient reason established to the	49212
satisfaction of the state board of education and the state	49213
controlling board.	49214

All funds allocated to school districts under this chapter,	49215
except those specifically allocated for other purposes, shall be	49216
used to pay current operating expenses only.	49217

Sec. 3317.013. Except for a preschool child with a	49218
disability for whom a scholarship has been awarded under section	49219
3310.41 of the Revised Code, this section does not apply to	49220
preschool children with disabilities.	49221

Analysis of special education cost data has resulted in a	49222
finding that the average special education additional cost per	49223
pupil, including the costs of related services, can be expressed	49224
as a multiple of the ~~base cost per pupil calculated under section~~	49225
~~3317.012 of the Revised Code~~formula amount. The multiples for the	49226
following categories of special education programs, as these	49227
programs are defined for purposes of Chapter 3323. of the Revised	49228
Code, and adjusted as provided in this section, are as follows:	49229

(A) A multiple of ~~0.2892~~0.2906 for students whose primary or	49230
only identified disability is a speech and language disability, as	49231
this term is defined pursuant to Chapter 3323. of the Revised	49232
Code;	49233

(B) A multiple of ~~0.3691~~0.7374 for students identified as	49234
specific learning disabled or developmentally disabled, as these	49235
terms are defined pursuant to Chapter 3323. of the Revised Code,	49236
or as having an other health impairment-minor;	49237

(C) A multiple of ~~1.7695~~1.7716 for students identified as	49238
hearing disabled~~, vision impaired,~~ or severe behavior disabled, as	49239
these terms are defined pursuant to Chapter 3323. of the Revised	49240
Code;	49241

(D) A multiple of ~~2.3646~~2.3643 for students identified as	49242
~~orthopedically disabled~~vision impaired, as this term is defined	49243
pursuant to Chapter 3323. of the Revised Code, or as having an	49244
other health impairment-major;	49245

(E) A multiple of ~~3.1129~~3.2022 for students identified as	49246
orthopedically disabled or as having multiple disabilities, as	49247
~~this term is~~these terms are defined pursuant to Chapter 3323. of	49248
the Revised Code;	49249

(F) A multiple of ~~4.7342~~4.7205 for students identified as	49250
autistic, having traumatic brain injuries, or as both visually and	49251
hearing impaired, as these terms are defined pursuant to Chapter	49252
3323. of the Revised Code.	49253

In fiscal years 2008, 2009, 2010, ~~and~~ 2011, 2012, and 2013,	49254
the multiples specified in divisions (A) to (F) of this section	49255
shall be adjusted by multiplying them by 0.90.	49256

~~Not later than the thirtieth day of December in 2007, 2008,~~	49257
~~and 2009, the department of education shall submit to the office~~	49258
~~of budget and management a report that specifies for each city,~~	49259
~~local, exempted village, and joint vocational school district the~~	49260
~~fiscal year allocation of the state and local shares of special~~	49261
~~education and related services additional weighted funding and~~	49262
~~federal special education funds passed through to the district.~~	49263

Sec. 3317.014. The ~~average~~ vocational education additional	49264
cost per pupil can be expressed as a multiple of the ~~base cost per~~	49265
~~pupil calculated under section 3317.012 of the Revised Code~~	49266
formula amount. The multiples for the following categories of	49267
vocational education programs are as follows:	49268

(A) A multiple of 0.57 for students enrolled in vocational	49269
education job-training and workforce development programs approved	49270
by the department of education in accordance with rules adopted	49271
under section 3313.90 of the Revised Code.	49272

(B) A multiple of 0.28 for students enrolled in vocational	49273
education classes other than job-training and workforce	49274
development programs.	49275

Vocational education associated services costs can be	49276
expressed as a multiple of 0.05 of the ~~base cost per pupil~~	49277
~~calculated under section 3317.012 of the Revised Code~~formula	49278
amount.	49279

~~By the thirtieth day of each December, the department of~~	49280
~~education shall report to the office of budget and management and~~	49281
~~the general assembly the amount of weighted funding for vocational~~	49282
~~education and associated services that was spent by each city,~~	49283
~~local, exempted village, and joint vocational school district~~	49284
~~specifically for vocational educational and associated services~~	49285
~~during the previous fiscal year.~~	49286

Sec. 3317.018. (A) The department of education shall make no	49287
calculations or payments under ~~Chapter 3317. of the Revised Code~~	49288
this chapter for any fiscal year except as prescribed in this	49289
section. The payments authorized under this section are in	49290
addition to payments computed and paid for fiscal years 2012 and	49291
2013 under the section of H.B. 153 of the 129th general assembly	49292
entitled "FUNDING FOR CITY, EXEMPTED VILLAGE, AND LOCAL SCHOOL	49293
DISTRICTS."	49294

(B) School districts shall report student enrollment data as	49295
prescribed by section 3317.03 of the Revised Code, which data the	49296
department shall use to make payments under ~~Chapters 3306. and~~	49297
~~3317. of the Revised Code.~~this chapter and the section of H.B.	49298
153 of the 129th general assembly entitled "FUNDING FOR CITY,	49299
EXEMPTED VILLAGE, AND LOCAL SCHOOL DISTRICTS."	49300

(C) The tax commissioner shall report data regarding tax	49301
valuation and receipts for school districts as prescribed by	49302
sections 3317.015, 3317.021, 3317.025, 3317.026, 3317.027,	49303
3317.028, 3317.0210, 3317.0211, and 3317.08 and by division ~~(M)~~(K)	49304
of section 3317.02 of the Revised Code, which data the department	49305
shall use to make payments under ~~Chapters 3306. and 3317. of the~~	49306
~~Revised Code.~~this chapter and the section of H.B. 153 of the	49307
129th general assembly entitled "FUNDING FOR CITY, EXEMPTED	49308
VILLAGE, AND LOCAL SCHOOL DISTRICTS."	49309

(D) Unless otherwise specified by another provision of law,	49310
~~in addition to the payments prescribed by Chapter 3306. of the~~	49311
~~Revised Code,~~ the department shall continue to make payments to or	49312
adjustments for school districts in fiscal years after fiscal year	49313
2009 under the following provisions of ~~Chapter 3317. of the~~	49314
~~Revised Code~~this chapter:	49315

(1) The catastrophic cost reimbursement under division (C)(3)	49316
of section 3317.022 of the Revised Code; however, when computing	49317
that payment, the department shall use the disability categories	49318
and multiples specified in section 3317.013 of the Revised Code as	49319
that section existed prior to the effective date of this	49320
amendment. No other payments shall be made under ~~that~~ section	49321
3317.022 of the Revised Code.	49322

(2) All payments or adjustments under section 3317.023 of the	49323
Revised Code~~, except no payments or adjustments shall be made~~	49324
~~under divisions (B), (C), and (D) of that section.~~;	49325

(3) All payments or adjustments under section 3317.024 of the	49326
Revised Code~~, except no payments or adjustments shall be made~~	49327
~~under divisions (F) and (N) of that section for fiscal years after~~	49328
~~fiscal year 2009 or under division (L) of that section for fiscal~~	49329
~~years 2010 and 2011.~~;	49330

(4) All payments and adjustments under sections 3317.025,	49331
3317.026, 3317.027, 3317.028, 3317.0210, and 3317.0211 of the	49332
Revised Code;	49333

(5) ~~Payments under section 3317.04 of the Revised Code;~~

49334

~~(6)~~ Unit payments under sections 3317.05, 3317.051, 3317.052,	49335
and 3317.053 of the Revised Code, except that no units for gifted	49336
funding are authorized ~~for~~after fiscal ~~years 2010 and 2011~~year	49337
2009.	49338

~~(7)~~(6) Payments under sections 3317.06, 3317.063, and	49339
3317.064 of the Revised Code;	49340

~~(8) Payments under section 3317.07 of the Revised Code;~~

49341

~~(9)~~(7) Payments to educational service centers under section	49342
3317.11 of the Revised Code;	49343

~~(10)~~(8) The catastrophic cost reimbursement under division	49344
(E) of section 3317.16 of the Revised Code and excess cost	49345
reimbursements under division (G) of that section; however, when	49346
computing that payment, the department shall use the disability	49347
categories and multiples specified in section 3317.013 of the	49348
Revised Code as that section existed prior to the effective date	49349
of this amendment. No other payments shall be made under ~~that~~	49350
section;3317.16 of the Revised Code.	49351

~~(11) Payments under section 3317.17 of the Revised Code;~~

49352

~~(12)~~(9) Adjustments under section 3317.18 of the Revised	49353
Code;	49354

~~(13)~~(10) Payments to cooperative education school districts	49355
under section 3317.19 of the Revised Code;	49356

~~(14)~~(11) Payments to county ~~MR/DD~~DD boards under section	49357
3317.20 of the Revised Code;	49358

~~(15)~~(12) Payments to state institutions for weighted special	49359
education funding under section 3317.201 of the Revised Code.	49360

(E) ~~Sections 3317.016 and 3317.017 shall not apply to fiscal~~	49361
~~years after fiscal year 2009.~~	49362

~~(F)~~ This section does not affect the provisions of sections	49363
3317.031, 3317.032, 3317.033, 3317.035, 3317.061, 3317.08,	49364
3317.081, 3317.082, 3317.09, 3317.12, 3317.13, 3317.14, 3317.141,	49365
3317.15, 3317.50, and 3317.51~~, 3317.62, 3317.63, and 3317.64~~ of	49366
the Revised Code.	49367

(F) The department shall make no payments for fiscal years	49368
2012 or 2013 under section 3317.0212 of the Revised Code.	49369

Sec. 3317.02. As used in this chapter:

49370

(A) Unless otherwise specified, "school district" means city,	49371
local, and exempted village school districts.	49372

(B) "Formula amount" means ~~$5,732~~$5,653 for fiscal year ~~2010~~	49373
2012 and fiscal year ~~2011~~2013.	49374

(C) "FTE basis" means a count of students based on full-time	49375
equivalency, in accordance with rules adopted by the department of	49376
education pursuant to section 3317.03 of the Revised Code. In	49377
adopting its rules under this division, the department shall	49378
provide for counting any student in category one, two, three,	49379
four, five, or six special education ADM or in category one or two	49380
vocational education ADM in the same proportion the student is	49381
counted in formula ADM.	49382

(D)(1) "Formula ADM" means, for a city, local, or exempted	49383
village school district, ~~"formula ADM" as defined in section~~	49384
~~3306.02 of the Revised Code.~~the average daily membership	49385
described in division (A) of section 3317.03 of the Revised Code,	49386
as verified by the superintendent of public instruction and	49387
adjusted if so ordered under division (K) of that section, and as	49388
further adjusted by the department of education, as follows:	49389

(a) Count only twenty per cent of the number of joint	49390
vocational school district students counted under division (A)(3)	49391
of section 3317.03 of the Revised Code;	49392

(b) Add twenty per cent of the number of students who are	49393
entitled to attend school in the district under section 3313.64 or	49394
3313.65 of the Revised Code and are enrolled in another school	49395
district under a career-technical educational compact.	49396

(2) "Formula ADM" means, for a joint vocational school	49397
district, the final number verified by the superintendent of	49398
public instruction, based on the number reported pursuant to	49399
division (D) of section 3317.03 of the Revised Code, as adjusted,	49400
if so ordered, under division (K) of that section. ~~For purposes~~	49401
~~of the calculation of payments to or adjustments for a city,~~	49402
~~exempted village, local, or joint vocational school district under~~	49403
~~this chapter or under Chapter 3306. of the Revised Code,~~	49404
~~calculations required under Chapter 3318. of the Revised Code, or~~	49405
~~adjustments required under Chapter 3365. of the Revised Code, the~~	49406
~~department of education shall use the district's formula ADM for~~	49407
~~the previous fiscal year, unless the district's average daily~~	49408
~~membership reported and verified for the current fiscal year is at~~	49409
~~least two per cent greater than the formula ADM reported for the~~	49410
~~previous fiscal year, in which case the department shall use the~~	49411
~~district's formula ADM for the current fiscal year.~~	49412

(E) "Three-year average formula ADM" means the average of	49413
formula ADMs for the preceding three fiscal years.	49414

(F)(1) "Category one special education ADM" means the average	49415
daily membership of children with disabilities receiving special	49416
education services for the disability specified in division	49417
~~(D)(1)~~(A) of section ~~3306.02~~3317.013 of the Revised Code and	49418
reported under division (B)(5) or (D)(2)(b) of section 3317.03 of	49419
the Revised Code.	49420

(2) "Category two special education ADM" means the average	49421
daily membership of children with disabilities receiving special	49422
education services for those disabilities specified in division	49423
~~(D)(2)~~(B) of section ~~3306.02~~3317.013 of the Revised Code and	49424
reported under division (B)(6) or (D)(2)(c) of section 3317.03 of	49425
the Revised Code.	49426

(3) "Category three special education ADM" means the average	49427
daily membership of students receiving special education services	49428
for those disabilities specified in division ~~(D)(3)~~(C) of section	49429
~~3306.02~~3317.013 of the Revised Code, and reported under division	49430
(B)(7) or (D)(2)(d) of section 3317.03 of the Revised Code.	49431

(4) "Category four special education ADM" means the average	49432
daily membership of students receiving special education services	49433
for those disabilities specified in division (D)~~(4)~~ of section	49434
~~3306.02~~3317.013 of the Revised Code and reported under division	49435
(B)(8) or (D)(2)(e) of section 3317.03 of the Revised Code.	49436

(5) "Category five special education ADM" means the average	49437
daily membership of students receiving special education services	49438
for the disabilities specified in division ~~(D)(5)~~(E) of section	49439
~~3306.02~~3317.013 of the Revised Code and reported under division	49440
(B)(9) or (D)(2)(f) of section 3317.03 of the Revised Code.	49441

(6) "Category six special education ADM" means the average	49442
daily membership of students receiving special education services	49443
for the disabilities specified in division ~~(D)(6)~~(F) of section	49444
~~3306.02~~3317.013 of the Revised Code and reported under division	49445
(B)(10) or (D)(2)(g) of section 3317.03 of the Revised Code.	49446

(7) "Category one vocational education ADM" means the average	49447
daily membership of students receiving vocational education	49448
services described in division (A) of section 3317.014 of the	49449
Revised Code and reported under division (B)(11) or (D)(2)(h) of	49450
section 3317.03 of the Revised Code.	49451

(8) "Category two vocational education ADM" means the average	49452
daily membership of students receiving vocational education	49453
services described in division (B) of section 3317.014 of the	49454
Revised Code and reported under division (B)(12) or (D)(2)(i) of	49455
section 3317.03 of the Revised Code.	49456

(G) "Preschool child with a disability" means a child with a	49457
disability, as defined in section 3323.01 of the Revised Code, who	49458
is at least age three but is not of compulsory school age, as	49459
defined in section 3321.01 of the Revised Code, and who is not	49460
currently enrolled in kindergarten.	49461

(H) "County DD board" means a county board of developmental	49462
disabilities.	49463

(I) "Recognized valuation" means the amount calculated for a	49464
school district pursuant to section 3317.015 of the Revised Code.	49465

(J) ~~"Transportation ADM" means the number of children~~	49466
~~reported under division (B)(13) of section 3317.03 of the Revised~~	49467
~~Code.~~	49468

~~(K) "Average efficient transportation use cost per student"~~	49469
~~means a statistical representation of transportation costs as~~	49470
~~calculated under division (D)(2) of section 3317.022 of the~~	49471
~~Revised Code.~~	49472

~~(L)~~ "Taxes charged and payable" means the taxes charged and	49473
payable against real and public utility property after making the	49474
reduction required by section 319.301 of the Revised Code, plus	49475
the taxes levied against tangible personal property.	49476

~~(M)~~(K) "Total taxable value" means the sum of the amounts	49477
certified for a city, local, exempted village, or joint vocational	49478
school district under divisions (A)(1) and (2) of section 3317.021	49479
of the Revised Code.	49480

~~(N)~~(L) "Tax exempt value" of a school district means the	49481
amount certified for a school district under division (A)(4) of	49482
section 3317.021 of the Revised Code.	49483

~~(O)~~(M) "Potential value" of a school district means the	49484
recognized valuation of a school district plus the tax exempt	49485
value of the district.	49486

~~(P)~~(N) "District median income" means the median Ohio	49487
adjusted gross income certified for a school district. On or	49488
before the first day of July of each year, the tax commissioner	49489
shall certify to the department of education and the office of	49490
budget and management for each city, exempted village, and local	49491
school district the median Ohio adjusted gross income of the	49492
residents of the school district determined on the basis of tax	49493
returns filed for the second preceding tax year by the residents	49494
of the district.	49495

~~(Q)~~(O) "Statewide median income" means the median district	49496
median income of all city, exempted village, and local school	49497
districts in the state.	49498

~~(R)~~(P) "Income factor" for a city, exempted village, or local	49499
school district means the quotient obtained by dividing that	49500
district's median income by the statewide median income.	49501

~~(S)~~(Q) "Medically fragile child" means a child to whom all of	49502
the following apply:	49503

(1) The child requires the services of a doctor of medicine	49504
or osteopathic medicine at least once a week due to the	49505
instability of the child's medical condition.	49506

(2) The child requires the services of a registered nurse on	49507
a daily basis.	49508

(3) The child is at risk of institutionalization in a	49509
hospital, skilled nursing facility, or intermediate care facility	49510
for the mentally retarded.	49511

~~(T)~~(R) A child may be identified as having an "other health	49512
impairment-major" if the child's condition meets the definition of	49513
"other health impaired" established in rules adopted by the state	49514
board of education prior to July 1, 2001, and if either of the	49515
following apply:	49516

(1) The child is identified as having a medical condition	49517
that is among those listed by the superintendent of public	49518
instruction as conditions where a substantial majority of cases	49519
fall within the definition of "medically fragile child." The	49520
superintendent of public instruction shall issue an initial list	49521
no later than September 1, 2001.	49522

(2) The child is determined by the superintendent of public	49523
instruction to be a medically fragile child. A school district	49524
superintendent may petition the superintendent of public	49525
instruction for a determination that a child is a medically	49526
fragile child.	49527

~~(U)~~(S) A child may be identified as having an "other health	49528
impairment-minor" if the child's condition meets the definition of	49529
"other health impaired" established in rules adopted by the state	49530
board of education prior to July 1, 2001, but the child's	49531
condition does not meet either of the conditions specified in	49532
division ~~(T)~~(R)(1) or (2) of this section.	49533

~~(V)~~(T) "State education aid" has the same meaning as in	49534
section 5751.20 of the Revised Code.	49535

~~(W)~~(U) "Property exemption value" means zero in fiscal year	49536
2006, and in fiscal year 2007 and each fiscal year thereafter, the	49537
amount certified for a school district under divisions (A)(6) and	49538
(7) of section 3317.021 of the Revised Code.	49539

~~(X)~~(V) "Internet- or computer-based community school" has the	49540
same meaning as in section 3314.02 of the Revised Code.	49541

~~(Y)~~(W) "State share percentage~~" has the same meaning as in~~,"	49542
for a city, exempted village, or local school district, for fiscal	49543
years 2012 and 2013, means the district's state share percentage	49544
as computed for fiscal year 2011 under former section 3306.02 of	49545
the Revised Code. "State share percentage," for a joint vocational	49546
school district, for fiscal years 2012 and 2013, means the	49547
district's state share percentage as computed for fiscal year 2009	49548
under section 3317.16 of the Revised Code as that section existed	49549
for that fiscal year.	49550

Sec. 3317.021. ~~The information certified under this section~~	49551
~~shall be used to calculate payments under this chapter and Chapter~~	49552
~~3306. of the Revised Code.~~	49553

(A) On or before the first day of June of each year, the tax	49554
commissioner shall certify to the department of education and the	49555
office of budget and management the information described in	49556
divisions (A)(1) to (7) of this section for each city, exempted	49557
village, and local school district, and the information required	49558
by divisions (A)(1) and (2) of this section for each joint	49559
vocational school district, and it shall be used, along with the	49560
information certified under division (B) of this section, in	49561
making the computations for the district under this chapter ~~and~~	49562
~~Chapter 3306. of the Revised Code~~.	49563

(1) The taxable value of real and public utility real	49564
property in the school district subject to taxation in the	49565
preceding tax year, by class and by county of location.	49566

(2) The taxable value of tangible personal property,	49567
including public utility personal property, subject to taxation by	49568
the district for the preceding tax year.	49569

(3)(a) The total property tax rate and total taxes charged	49570
and payable for the current expenses for the preceding tax year	49571
and the total property tax rate and the total taxes charged and	49572
payable to a joint vocational district for the preceding tax year	49573
that are limited to or to the extent apportioned to current	49574
expenses.	49575

(b) The portion of the amount of taxes charged and payable	49576
reported for each city, local, and exempted village school	49577
district under division (A)(3)(a) of this section attributable to	49578
a joint vocational school district.	49579

(4) The value of all real and public utility real property in	49580
the school district exempted from taxation minus both of the	49581
following:	49582

(a) The value of real and public utility real property in the	49583
district owned by the United States government and used	49584
exclusively for a public purpose;	49585

(b) The value of real and public utility real property in the	49586
district exempted from taxation under Chapter 725. or 1728. or	49587
section 3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632,	49588
5709.73, or 5709.78 of the Revised Code.	49589

(5) The total federal adjusted gross income of the residents	49590
of the school district, based on tax returns filed by the	49591
residents of the district, for the most recent year for which this	49592
information is available.	49593

(6) The sum of the school district compensation value as	49594
indicated on the list of exempted property for the preceding tax	49595
year under section 5713.08 of the Revised Code as if such property	49596
had been assessed for taxation that year and the other	49597
compensation value for the school district, minus the amounts	49598
described in divisions (A)(6)(c) to (i) of this section. The	49599
portion of school district compensation value or other	49600
compensation value attributable to an incentive district exemption	49601
may be subtracted only once even if that incentive district	49602
satisfies more than one of the criteria in divisions (A)(6)(c) to	49603
(i) of this section.	49604

(a) "School district compensation value" means the aggregate	49605
value of real property in the school district exempted from	49606
taxation pursuant to an ordinance or resolution adopted under	49607
division (C) of section 5709.40, division (C) of section 5709.73,	49608
or division (B) of section 5709.78 of the Revised Code to the	49609
extent that the exempted value results in the charging of payments	49610
in lieu of taxes required to be paid to the school district under	49611
division (D)(1) or (2) of section 5709.40, division (D) of section	49612
5709.73, or division (C) of section 5709.78 of the Revised Code.	49613

(b) "Other compensation value" means the quotient that	49614
results from dividing (i) the dollar value of compensation	49615
received by the school district during the preceding tax year	49616
pursuant to division (B), (C), or (D) of section 5709.82 of the	49617
Revised Code and the amounts received pursuant to an agreement as	49618
specified in division (D)(2) of section 5709.40, division (D) of	49619
section 5709.73, or division (C) of section 5709.78 of the Revised	49620
Code to the extent those amounts were not previously reported or	49621
included in division (A)(6)(a) of this section, and so that any	49622
such amount is reported only once under division (A)(6)(b) of this	49623
section, in relation to exemptions from taxation granted pursuant	49624
to an ordinance or resolution adopted under division (C) of	49625
section 5709.40, division (C) of section 5709.73, or division (B)	49626
of section 5709.78 of the Revised Code, by (ii) the real property	49627
tax rate in effect for the preceding tax year for	49628
nonresidential/agricultural real property after making the	49629
reductions required by section 319.301 of the Revised Code.	49630

(c) The portion of school district compensation value or	49631
other compensation value that was exempted from taxation pursuant	49632
to such an ordinance or resolution for the preceding tax year, if	49633
the ordinance or resolution is adopted prior to January 1, 2006,	49634
and the legislative authority or board of township trustees or	49635
county commissioners, prior to January 1, 2006, executes a	49636
contract or agreement with a developer, whether for-profit or	49637
not-for-profit, with respect to the development of a project	49638
undertaken or to be undertaken and identified in the ordinance or	49639
resolution, and upon which parcels such project is being, or will	49640
be, undertaken;	49641

(d) The portion of school district compensation value that	49642
was exempted from taxation for the preceding tax year and for	49643
which payments in lieu of taxes for the preceding tax year were	49644
provided to the school district under division (D)(1) of section	49645
5709.40 of the Revised Code.	49646

(e) The portion of school district compensation value that	49647
was exempted from taxation for the preceding tax year pursuant to	49648
such an ordinance or resolution, if and to the extent that, on or	49649
before April 1, 2006, the fiscal officer of the municipal	49650
corporation that adopted the ordinance, or of the township or	49651
county that adopted the resolution, certifies and provides	49652
appropriate supporting documentation to the tax commissioner and	49653
the director of development that, based on hold-harmless	49654
provisions in any agreement between the school district and the	49655
legislative authority of the municipal corporation, board of	49656
township trustees, or board of county commissioners that was	49657
entered into on or before June 1, 2005, the ability or obligation	49658
of the municipal corporation, township, or county to repay bonds,	49659
notes, or other financial obligations issued or entered into prior	49660
to January 1, 2006, will be impaired, including obligations to or	49661
of any other body corporate and politic with whom the legislative	49662
authority of the municipal corporation or board of township	49663
trustees or county commissioners has entered into an agreement	49664
pertaining to the use of service payments derived from the	49665
improvements exempted;	49666

(f) The portion of school district compensation value that	49667
was exempted from taxation for the preceding tax year pursuant to	49668
such an ordinance or resolution, if the ordinance or resolution is	49669
adopted prior to January 1, 2006, in a municipal corporation with	49670
a population that exceeds one hundred thousand, as shown by the	49671
most recent federal decennial census, that includes a major	49672
employment center and that is adjacent to historically distressed	49673
neighborhoods, if the legislative authority of the municipal	49674
corporation that exempted the property prepares an economic	49675
analysis that demonstrates that all taxes generated within the	49676
incentive district accruing to the state by reason of improvements	49677
constructed within the district during its existence exceed the	49678
amount the state pays the school district under section 3317.022	49679
of the Revised Code attributable to such property exemption from	49680
the school district's recognized valuation. The analysis shall be	49681
submitted to and approved by the department of development prior	49682
to January 1, 2006, and the department shall not unreasonably	49683
withhold approval.	49684

(g) The portion of school district compensation value that	49685
was exempted from taxation for the preceding tax year under such	49686
an ordinance or resolution, if the ordinance or resolution is	49687
adopted prior to January 1, 2006, and if service payments have	49688
been pledged to be used for mixed-use riverfront entertainment	49689
development in any county with a population that exceeds six	49690
hundred thousand, as shown by the most recent federal decennial	49691
census;	49692

(h) The portion of school district compensation value that	49693
was exempted from taxation for the preceding tax year under such	49694
an ordinance or resolution, if, prior to January 1, 2006, the	49695
legislative authority of a municipal corporation, board of	49696
township trustees, or board of county commissioners has pledged	49697
service payments for a designated transportation capacity project	49698
approved by the transportation review advisory council under	49699
Chapter 5512. of the Revised Code;	49700

(i) The portion of school district compensation value that	49701
was exempted from taxation for the preceding tax year under such	49702
an ordinance or resolution if the legislative authority of a	49703
municipal corporation, board of township trustees, or board of	49704
county commissioners have, by January 1, 2006, pledged proceeds	49705
for designated transportation improvement projects that involve	49706
federal funds for which the proceeds are used to meet a local	49707
share match requirement for such funding.	49708

As used in division (A)(6) of this section, "project" has the	49709
same meaning as in section 5709.40 of the Revised Code.	49710

(7) The aggregate value of real property in the school	49711
district for which an exemption from taxation is granted by an	49712
ordinance or resolution adopted on or after January 1, 2006, under	49713
Chapter 725. or 1728., sections 3735.65 to 3735.70, or section	49714
5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the Revised	49715
Code, as indicated on the list of exempted property for the	49716
preceding tax year under section 5713.08 of the Revised Code and	49717
as if such property had been assessed for taxation that year,	49718
minus the product determined by multiplying (a) the aggregate	49719
value of the real property in the school district exempted from	49720
taxation for the preceding tax year under any of the chapters or	49721
sections specified in this division, by (b) a fraction, the	49722
numerator of which is the difference between (i) the amount of	49723
anticipated revenue such school district would have received for	49724
the preceding tax year if the real property exempted from taxation	49725
had not been exempted from taxation and (ii) the aggregate amount	49726
of payments in lieu of taxes on the exempt real property for the	49727
preceding tax year and other compensation received for the	49728
preceding tax year by the school district pursuant to any	49729
agreements entered into on or after January 1, 2006, under section	49730
5709.82 of the Revised Code between the school district and the	49731
legislative authority of a political subdivision that acted under	49732
the authority of a chapter or statute specified in this division,	49733
that were entered into in relation to such exemption, and the	49734
denominator of which is the amount of anticipated revenue such	49735
school district would have received in the preceding fiscal year	49736
if the real property exempted from taxation had not been exempted.	49737

(B) On or before the first day of May each year, the tax	49738
commissioner shall certify to the department of education and the	49739
office of budget and management the total taxable real property	49740
value of railroads and, separately, the total taxable tangible	49741
personal property value of all public utilities for the preceding	49742
tax year, by school district and by county of location.	49743

(C) If a public utility has properly and timely filed a	49744
petition for reassessment under section 5727.47 of the Revised	49745
Code with respect to an assessment issued under section 5727.23 of	49746
the Revised Code affecting taxable property apportioned by the tax	49747
commissioner to a school district, the taxable value of public	49748
utility tangible personal property included in the certification	49749
under divisions (A)(2) and (B) of this section for the school	49750
district shall include only the amount of taxable value on the	49751
basis of which the public utility paid tax for the preceding year	49752
as provided in division (B)(1) or (2) of section 5727.47 of the	49753
Revised Code.	49754

(D) If on the basis of the information certified under	49755
division (A) of this section, the department determines that any	49756
district fails in any year to meet the qualification requirement	49757
specified in ~~division (A)(1) of section 3306.01 and~~ division (A)	49758
of section 3317.01 of the Revised Code, the department shall	49759
immediately request the tax commissioner to determine the extent	49760
to which any school district income tax levied by the district	49761
under Chapter 5748. of the Revised Code shall be included in	49762
meeting that requirement. Within five days of receiving such a	49763
request from the department, the tax commissioner shall make the	49764
determination required by this division and report the quotient	49765
obtained under division (D)(3) of this section to the department	49766
and the office of budget and management. This quotient represents	49767
the number of mills that the department shall include in	49768
determining whether the district meets the qualification	49769
requirement of ~~division (A)(1) of section 3306.01 and~~ division (A)	49770
of section 3317.01 of the Revised Code.	49771

The tax commissioner shall make the determination required by	49772
this division as follows:	49773

(1) Multiply one mill times the total taxable value of the	49774
district as determined in divisions (A)(1) and (2) of this	49775
section;	49776

(2) Estimate the total amount of tax liability for the	49777
current tax year under taxes levied by Chapter 5748. of the	49778
Revised Code that are apportioned to current operating expenses of	49779
the district, excluding any income tax receipts allocated for the	49780
project cost, debt service, or maintenance set-aside associated	49781
with a state-assisted classroom facilities project as authorized	49782
by section 3318.052 of the Revised Code;	49783

(3) Divide the amount estimated under division (D)(2) of this	49784
section by the product obtained under division (D)(1) of this	49785
section.	49786

(E)(1) On or before June 1, 2006, and the first day of April	49787
of each year thereafter, the director of development shall report	49788
to the department of education, the tax commissioner, and the	49789
director of budget and management the total amounts of payments	49790
received by each city, local, exempted village, or joint	49791
vocational school district for the preceding tax year pursuant to	49792
division (D) of section 5709.40, division (D) of section 5709.73,	49793
division (C) of section 5709.78, or division (B)(1), (B)(2), (C),	49794
or (D) of section 5709.82 of the Revised Code in relation to	49795
exemptions from taxation granted pursuant to an ordinance adopted	49796
by the legislative authority of a municipal corporation under	49797
division (C) of section 5709.40 of the Revised Code, or a	49798
resolution adopted by a board of township trustees or board of	49799
county commissioners under division (C) of section 5709.73 or	49800
division (B) of section 5709.78 of the Revised Code, respectively.	49801
On or before April 1, 2006, and the first day of March of each	49802
year thereafter, the treasurer of each city, local, exempted	49803
village, or joint vocational school district that has entered into	49804
such an agreement shall report to the director of development the	49805
total amounts of such payments the district received for the	49806
preceding tax year as provided in this section. The state board of	49807
education, in accordance with sections 3319.31 and 3319.311 of the	49808
Revised Code, may suspend or revoke the license of a treasurer	49809
found to have willfully reported erroneous, inaccurate, or	49810
incomplete data under this division.	49811

(2) On or before April 1, 2007, and the first day of April of	49812
each year thereafter, the director of development shall report to	49813
the department of education, the tax commissioner, and the	49814
director of budget and management the total amounts of payments	49815
received by each city, local, exempted village, or joint	49816
vocational school district for the preceding tax year pursuant to	49817
divisions (B), (C), and (D) of section 5709.82 of the Revised Code	49818
in relation to exemptions from taxation granted pursuant to	49819
ordinances or resolutions adopted on or after January 1, 2006,	49820
under Chapter 725. or 1728., sections 3735.65 to 3735.70, or	49821
section 5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the	49822
Revised Code. On or before March 1, 2007, and the first day of	49823
March of each year thereafter, the treasurer of each city, local,	49824
exempted village, or joint vocational school district that has	49825
entered into such an agreement shall report to the director of	49826
development the total amounts of such payments the district	49827
received for the preceding tax year as provided by this section.	49828
The state board of education, in accordance with sections 3319.31	49829
and 3319.311 of the Revised Code, may suspend or revoke the	49830
license of a treasurer found to have willfully reported erroneous,	49831
inaccurate, or incomplete data under this division.	49832

Sec. 3317.022. (A)(1) The department of education shall	49833
compute and distribute state base cost funding to each eligible	49834
school district for the fiscal year, using the information	49835
obtained under section 3317.021 of the Revised Code in the	49836
calendar year in which the fiscal year begins, according to the	49837
following formula:	49838

{[the formula amount X (formula ADM +	49839

preschool scholarship ADM)] +	49840

the sum of the base funding supplements	49841

prescribed in divisions (C)(1) to (4)	49842

of section 3317.012 of the Revised Code} -	49843

[.023 x (the sum of recognized valuation	49844

and property exemption value)] +	49845

the amounts calculated for the district under	49846

sections 3317.029 and 3317.0217 of the Revised Code	49847

If the difference obtained is a negative number, the	49848
district's computation shall be zero.	49849

(2)(a) For each school district for which the tax exempt	49850
value of the district equals or exceeds twenty-five per cent of	49851
the potential value of the district, the department of education	49852
shall calculate the difference between the district's tax exempt	49853
value and twenty-five per cent of the district's potential value.	49854

(b) For each school district to which division (A)(2)(a) of	49855
this section applies, the department shall adjust the recognized	49856
valuation used in the calculation under division (A)(1) of this	49857
section by subtracting from it the amount calculated under	49858
division (A)(2)(a) of this section.	49859

(B) As used in this section:

49860

(1) The "total special education weight" for a district means	49861
the sum of the following amounts:	49862

(a) The district's category one special education ADM	49863
multiplied by the multiple specified in division (A) of section	49864
3317.013 of the Revised Code;	49865

(b) The district's category two special education ADM	49866
multiplied by the multiple specified in division (B) of section	49867
3317.013 of the Revised Code;	49868

(c) The district's category three special education ADM	49869
multiplied by the multiple specified in division (C) of section	49870
3317.013 of the Revised Code;	49871

(d) The district's category four special education ADM	49872
multiplied by the multiple specified in division (D) of section	49873
3317.013 of the Revised Code;	49874

(e) The district's category five special education ADM	49875
multiplied by the multiple specified in division (E) of section	49876
3317.013 of the Revised Code;	49877

(f) The district's category six special education ADM	49878
multiplied by the multiple specified in division (F) of section	49879
3317.013 of the Revised Code.	49880

(2) "Related services" includes:

49881

(a) Child study, special education supervisors and	49882
coordinators, speech and hearing services, adaptive physical	49883
development services, occupational or physical therapy, teacher	49884
assistants for children with disabilities whose disabilities are	49885
described in division (B) of section 3317.013 or division (F)(3)	49886
of section 3317.02 of the Revised Code, behavioral intervention,	49887
interpreter services, work study, nursing services, and	49888
specialized integrative services as those terms are defined by the	49889
department;	49890

(b) Speech and language services provided to any student with	49891
a disability, including any student whose primary or only	49892
disability is a speech and language disability;	49893

(c) Any related service not specifically covered by other	49894
state funds but specified in federal law, including but not	49895
limited to, audiology and school psychological services;	49896

(d) Any service included in units funded under former	49897
division (O)(1) of section 3317.024 of the Revised Code;	49898

(e) Any other related service needed by children with	49899
disabilities in accordance with their individualized education	49900
programs.	49901

(3) The "total vocational education weight" for a district	49902
means the sum of the following amounts:	49903

(a) The district's category one vocational education ADM	49904
multiplied by the multiple specified in division (A) of section	49905
3317.014 of the Revised Code;	49906

(b) The district's category two vocational education ADM	49907
multiplied by the multiple specified in division (B) of section	49908
3317.014 of the Revised Code.	49909

(4) "Preschool scholarship ADM" means the number of preschool	49910
children with disabilities reported under division (B)(3)(h) of	49911
section 3317.03 of the Revised Code.	49912

(C)(1) The department shall compute and distribute state	49913
special education and related services additional weighted costs	49914
funds to each school district in accordance with the following	49915
formula:	49916

The district's state share percentage X	49917

the formula amount for the year for which	49918

the aid is calculated X the district's	49919

total special education weight	49920

(2) The attributed local share of special education and	49921
related services additional weighted costs equals:	49922

(1 - the district's state share percentage) X the district's	49923

total special education weight X the formula amount	49924

(3)(a) The department shall compute and pay in accordance	49925
with this division additional state aid to school districts for	49926
students in categories two through six special education ADM. If a	49927
district's costs for the fiscal year for a student in its	49928
categories two through six special education ADM exceed the	49929
threshold catastrophic cost for serving the student, the district	49930
may submit to the superintendent of public instruction	49931
documentation, as prescribed by the superintendent, of all its	49932
costs for that student. Upon submission of documentation for a	49933
student of the type and in the manner prescribed, the department	49934
shall pay to the district an amount equal to the sum of the	49935
following:	49936

(i) One-half of the district's costs for the student in	49937
excess of the threshold catastrophic cost;	49938

(ii) The product of one-half of the district's costs for the	49939
student in excess of the threshold catastrophic cost multiplied by	49940
the district's state share percentage.	49941

(b) For purposes of division (C)(3)(a) of this section, the	49942
threshold catastrophic cost for serving a student equals:	49943

(i) For a student in the school district's category two,	49944
three, four, or five special education ADM, twenty-seven thousand	49945
three hundred seventy-five dollars;	49946

(ii) For a student in the district's category six special	49947
education ADM, thirty-two thousand eight hundred fifty dollars.	49948

(c) The district shall only report under division (C)(3)(a)	49949
of this section, and the department shall only pay for, the costs	49950
of educational expenses and the related services provided to the	49951
student in accordance with the student's individualized education	49952
program. Any legal fees, court costs, or other costs associated	49953
with any cause of action relating to the student may not be	49954
included in the amount.	49955

(4)(a) As used in this division, the "personnel allowance"	49956
means thirty thousand dollars in fiscal years 2008 and 2009.	49957

(b) For the provision of speech language pathology services	49958
to students, including students who do not have individualized	49959
education programs prepared for them under Chapter 3323. of the	49960
Revised Code, and for no other purpose, the department of	49961
education shall pay each school district an amount calculated	49962
under the following formula:	49963

(formula ADM divided by 2000) X	49964

the personnel allowance X	49965

the state share percentage	49966

(5) In any fiscal year, a school district shall spend for	49967
purposes that the department designates as approved for special	49968
education and related services expenses at least the amount	49969
calculated as follows:	49970

(formula amount X the sum of categories	49971

one through six special education ADM) +	49972

(total special education weight X formula amount)	49973

The purposes approved by the department for special education	49974
expenses shall include, but shall not be limited to,	49975
identification of children with disabilities, compliance with	49976
state rules governing the education of children with disabilities	49977
and prescribing the continuum of program options for children with	49978
disabilities, provision of speech language pathology services, and	49979
the portion of the school district's overall administrative and	49980
overhead costs that are attributable to the district's special	49981
education student population.	49982

The scholarships deducted from the school district's account	49983
under section 3310.41 of the Revised Code shall be considered to	49984
be an approved special education and related services expense for	49985
the purpose of the school district's compliance with division	49986
(C)(5) of this section.	49987

The department shall require school districts to report data	49988
annually to allow for monitoring compliance with division (C)(5)	49989
of this section. The department shall annually report to the	49990
governor and the general assembly the amount of money spent by	49991
each school district for special education and related services.	49992

(6) In any fiscal year, a school district shall spend for the	49993
provision of speech language pathology services not less than the	49994
sum of the amount calculated under division (C)(1) of this section	49995
for the students in the district's category one special education	49996
ADM and the amount calculated under division (C)(4) of this	49997
section.	49998

(D)(1) ~~As used in this division:~~

49999

~~(a) "Daily bus miles per student" equals the number of bus~~	50000
~~miles traveled per day, divided by transportation base.~~	50001

~~(b) "Transportation base" equals total student count as~~	50002
~~defined in section 3301.011 of the Revised Code, minus the number~~	50003
~~of students enrolled in units for preschool children with~~	50004
~~disabilities, plus the number of nonpublic school students~~	50005
~~included in transportation ADM.~~	50006

~~(c) "Transported student percentage" equals transportation~~	50007
~~ADM divided by transportation base.~~	50008

~~(d) "Transportation cost per student" equals total operating~~	50009
~~costs for board-owned or contractor-operated school buses divided~~	50010
~~by transportation base.~~	50011

~~(2) Analysis of student transportation cost data has resulted~~	50012
~~in a finding that an average efficient transportation use cost per~~	50013
~~student can be calculated by means of a regression formula that~~	50014
~~has as its two independent variables the number of daily bus miles~~	50015
~~per student and the transported student percentage. For fiscal~~	50016
~~year 1998 transportation cost data, the average efficient~~	50017
~~transportation use cost per student is expressed as follows:~~	50018

~~51.79027 + (139.62626 X daily bus miles per student) +~~	50019

~~(116.25573 X transported student percentage)~~	50020

~~The department of education shall annually determine the~~	50021
~~average efficient transportation use cost per student in~~	50022
~~accordance with the principles stated in division (D)(2) of this~~	50023
~~section, updating the intercept and regression coefficients of the~~	50024
~~regression formula modeled in this division, based on an annual~~	50025
~~statewide analysis of each school district's daily bus miles per~~	50026
~~student, transported student percentage, and transportation cost~~	50027
~~per student data. The department shall conduct the annual update~~	50028
~~using data, including daily bus miles per student, transported~~	50029
~~student percentage, and transportation cost per student data, from~~	50030
~~the prior fiscal year. The department shall notify the office of~~	50031
~~budget and management of such update by the fifteenth day of~~	50032
~~February of each year.~~	50033

~~(3) In addition to funds paid under divisions (A), (C), and~~	50034
~~(E) of this section, each district with a transported student~~	50035
~~percentage greater than zero shall receive a payment equal to a~~	50036
~~percentage of the product of the district's transportation base~~	50037
~~from the prior fiscal year times the annually updated average~~	50038
~~efficient transportation use cost per student, times an inflation~~	50039
~~factor of two and eight-tenths per cent to account for the~~	50040
~~one-year difference between the data used in updating the formula~~	50041
~~and calculating the payment and the year in which the payment is~~	50042
~~made. The percentage shall be the following percentage of that~~	50043
~~product specified for the corresponding fiscal year:~~	50044

~~FISCAL YEAR~~	~~PERCENTAGE~~	50045
~~2000~~	~~52.5%~~	50046
~~2001~~	~~55%~~	50047
~~2002~~	~~57.5%~~	50048
~~2003 and thereafter~~	~~The greater of 60% or the district's state share percentage~~	50049

~~The payments made under division (D)(3) of this section each~~	50050
~~year shall be calculated based on all of the same prior year's~~	50051
~~data used to update the formula.~~	50052

~~(4) In addition to funds paid under divisions (D)(2) and (3)~~	50053
~~of this section, a school district shall receive a rough road~~	50054
~~subsidy if both of the following apply:~~	50055

~~(a) Its county rough road percentage is higher than the~~	50056
~~statewide rough road percentage, as those terms are defined in~~	50057
~~division (D)(5) of this section;~~	50058

~~(b) Its district student density is lower than the statewide~~	50059
~~student density, as those terms are defined in that division.~~	50060

~~(5) The rough road subsidy paid to each district meeting the~~	50061
~~qualifications of division (D)(4) of this section shall be~~	50062
~~calculated in accordance with the following formula:~~	50063

~~(per rough mile subsidy X total rough road miles)~~	50064

~~X density multiplier~~	50065

~~where:~~

50066

~~(a) "Per rough mile subsidy" equals the amount calculated in~~	50067
~~accordance with the following formula:~~	50068

~~0.75 - {0.75 X [(maximum rough road percentage -~~	50069

~~county rough road percentage)/(maximum rough road~~	50070

~~percentage - statewide rough road percentage)]}~~	50071

~~(i) "Maximum rough road percentage" means the highest county~~	50072
~~rough road percentage in the state.~~	50073

~~(ii) "County rough road percentage" equals the percentage of~~	50074
~~the mileage of state, municipal, county, and township roads that~~	50075
~~is rated by the department of transportation as type A, B, C, E2,~~	50076
~~or F in the county in which the school district is located or, if~~	50077
~~the district is located in more than one county, the county to~~	50078
~~which it is assigned for purposes of determining its~~	50079
~~cost-of-doing-business factor.~~	50080

~~(iii) "Statewide rough road percentage" means the percentage~~	50081
~~of the statewide total mileage of state, municipal, county, and~~	50082
~~township roads that is rated as type A, B, C, E2, or F by the~~	50083
~~department of transportation.~~	50084

~~(b) "Total rough road miles" means a school district's total~~	50085
~~bus miles traveled in one year times its county rough road~~	50086
~~percentage.~~	50087

~~(c) "Density multiplier" means a figure calculated in~~	50088
~~accordance with the following formula:~~	50089

~~1 - [(minimum student density - district student~~	50090

~~density)/(minimum student density -~~	50091

~~statewide student density)]~~	50092

~~(i) "Minimum student density" means the lowest district~~	50093
~~student density in the state.~~	50094

~~(ii) "District student density" means a school district's~~	50095
~~transportation base divided by the number of square miles in the~~	50096
~~district.~~	50097

~~(iii) "Statewide student density" means the sum of the~~	50098
~~transportation bases for all school districts divided by the sum~~	50099
~~of the square miles in all school districts.~~	50100

~~(6) In addition to funds paid under divisions (D)(2) to (5)~~	50101
~~of this section, each district shall receive in accordance with~~	50102
~~rules adopted by the state board of education a payment for~~	50103
~~students transported by means other than board-owned or~~	50104
~~contractor-operated buses and whose transportation is not funded~~	50105
~~under division (G) of section 3317.024 of the Revised Code. The~~	50106
~~rules shall include provisions for school district reporting of~~	50107
~~such students.~~	50108

~~(E)(1)~~ The department shall compute and distribute state	50109
vocational education additional weighted costs funds to each	50110
school district in accordance with the following formula:	50111

state share percentage X	50112

the formula amount X	50113

total vocational education weight	50114

In any fiscal year, a school district receiving funds under	50115
division ~~(E)~~(D)(1) of this section shall spend those funds only	50116
for the purposes that the department designates as approved for	50117
vocational education expenses. Vocational educational expenses	50118
approved by the department shall include only expenses connected	50119
to the delivery of career-technical programming to	50120
career-technical students. The department shall require the school	50121
district to report data annually so that the department may	50122
monitor the district's compliance with the requirements regarding	50123
the manner in which funding received under division ~~(E)~~(D)(1) of	50124
this section may be spent.	50125

(2) The department shall compute for each school district	50126
state funds for vocational education associated services in	50127
accordance with the following formula:	50128

state share percentage X .05 X the formula amount X	50129

the sum of categories one and two vocational education ADM	50130

In any fiscal year, a school district receiving funds under	50131
division ~~(E)~~(D)(2) of this section, or through a transfer of funds	50132
pursuant to division ~~(L)~~(I) of section 3317.023 of the Revised	50133
Code, shall spend those funds only for the purposes that the	50134
department designates as approved for vocational education	50135
associated services expenses, which may include such purposes as	50136
apprenticeship coordinators, coordinators for other vocational	50137
education services, vocational evaluation, and other purposes	50138
designated by the department. The department may deny payment	50139
under division ~~(E)~~(D)(2) of this section to any district that the	50140
department determines is not operating those services or is using	50141
funds paid under division ~~(E)~~(D)(2) of this section, or through a	50142
transfer of funds pursuant to division ~~(L)~~(I) of section 3317.023	50143
of the Revised Code, for other purposes.	50144

~~(F)~~(E) The actual local share in any fiscal year for the	50145
combination of special education and related services additional	50146
weighted costs funding calculated under division (C)(1) of this	50147
section, transportation ~~funding~~base payment calculated under	50148
divisions ~~(D)(2) and (3)~~division (E) of ~~this~~ section 3317.0212 of	50149
the Revised Code, and vocational education and associated services	50150
additional weighted costs funding calculated under divisions	50151
~~(E)~~(D)(1) and (2) of this section shall not exceed for any school	50152
district the product of three and three-tenths mills times the	50153
district's recognized valuation. The department annually shall pay	50154
each school district as an excess cost supplement any amount by	50155
which the sum of the district's attributed local shares for that	50156
funding exceeds that product. For purposes of calculating the	50157
excess cost supplement:	50158

(1) The attributed local share for special education and	50159
related services additional weighted costs funding is the amount	50160
specified in division (C)(2) of this section.	50161

(2) The attributed local share of the district's	50162
transportation ~~funding~~base payment equals the difference of the	50163
total amount calculated for the district ~~using the formula~~	50164
~~developed~~ under division ~~(D)(2)~~(E) of ~~this~~ section 3317.0212 of	50165
the Revised Code minus the actual amount paid to the district	50166
after applying the percentage specified in division ~~(D)~~(E)(3) of	50167
~~this~~that section.	50168

(3) The attributed local share of vocational education and	50169
associated services additional weighted costs funding is the	50170
amount determined as follows:	50171

(1 - state share percentage) X	50172

[(total vocational education weight X	50173

the formula amount) + the payment under	50174

division ~~(E)~~(D)(2) of this section]	50175

Sec. 3317.023. (A) The amounts required to be paid to a	50176
district under this chapter ~~and Chapter 3306. of the Revised Code~~	50177
shall be adjusted by the amount of the computations made under	50178
divisions (B) to ~~(N)~~(K) of this section. ~~The department of~~	50179
~~education shall not make payments or adjustments under divisions~~	50180
~~(B), (C), and (D) of this section for any fiscal year after fiscal~~	50181
~~year 2009.~~	50182

As used in this section:

50183

(1) ~~"Classroom teacher" means a licensed employee who~~	50184
~~provides direct instruction to pupils, excluding teachers funded~~	50185
~~from money paid to the district from federal sources; educational~~	50186
~~service personnel; and vocational and special education teachers.~~	50187

~~(2) "Educational service personnel" shall not include such~~	50188
~~specialists funded from money paid to the district from federal~~	50189
~~sources or assigned full-time to vocational or special education~~	50190
~~students and classes and may only include those persons employed~~	50191
~~in the eight specialist areas in a pattern approved by the~~	50192
~~department of education under guidelines established by the state~~	50193
~~board of education.~~	50194

~~(3) "Annual salary" means the annual base salary stated in~~	50195
~~the state minimum salary schedule for the performance of the~~	50196
~~teacher's regular teaching duties that the teacher earns for~~	50197
~~services rendered for the first full week of October of the fiscal~~	50198
~~year for which the adjustment is made under division (C) of this~~	50199
~~section. It shall not include any salary payments for supplemental~~	50200
~~teachers contracts.~~	50201

~~(4) "Regular student population" means the formula ADM plus~~	50202
~~the number of students reported as enrolled in the district~~	50203
~~pursuant to division (A)(1) of section 3313.981 of the Revised~~	50204
~~Code; minus the number of students reported under division (A)(2)~~	50205
~~of section 3317.03 of the Revised Code; minus the FTE of students~~	50206
~~reported under division (B)(6), (7), (8), (9), (10), (11), or (12)~~	50207
~~of that section who are enrolled in a vocational education class~~	50208
~~or receiving special education; and minus twenty per cent of the~~	50209
~~students enrolled concurrently in a joint vocational school~~	50210
~~district.~~	50211

~~(5)~~ "VEPD" means a school district or group of school	50212
districts designated by the department of education as being	50213
responsible for the planning for and provision of vocational	50214
education services to students within the district or group.	50215

~~(6)~~(2) "Lead district" means a school district, including a	50216
joint vocational school district, designated by the department as	50217
a VEPD, or designated to provide primary vocational education	50218
leadership within a VEPD composed of a group of districts.	50219

(B) ~~If the district employs less than one full-time~~	50220
~~equivalent classroom teacher for each twenty-five pupils in the~~	50221
~~regular student population in any school district, deduct the sum~~	50222
~~of the amounts obtained from the following computations:~~	50223

~~(1) Divide the number of the district's full-time equivalent~~	50224
~~classroom teachers employed by one twenty-fifth;~~	50225

~~(2) Subtract the quotient in (1) from the district's regular~~	50226
~~student population;~~	50227

~~(3) Multiply the difference in (2) by seven hundred fifty-two~~	50228
~~dollars.~~	50229

~~(C) If a positive amount, add one-half of the amount obtained~~	50230
~~by multiplying the number of full-time equivalent classroom~~	50231
~~teachers by:~~	50232

~~(1) The mean annual salary of all full-time equivalent~~	50233
~~classroom teachers employed by the district at their respective~~	50234
~~training and experience levels minus;~~	50235

~~(2) The mean annual salary of all such teachers at their~~	50236
~~respective levels in all school districts receiving payments under~~	50237
~~this section.~~	50238

~~The number of full-time equivalent classroom teachers used in~~	50239
~~this computation shall not exceed one twenty-fifth of the~~	50240
~~district's regular student population. In calculating the~~	50241
~~district's mean salary under this division, those full-time~~	50242
~~equivalent classroom teachers with the highest training level~~	50243
~~shall be counted first, those with the next highest training level~~	50244
~~second, and so on, in descending order. Within the respective~~	50245
~~training levels, teachers with the highest years of service shall~~	50246
~~be counted first, the next highest years of service second, and so~~	50247
~~on, in descending order.~~	50248

~~(D) This division does not apply to a school district that~~	50249
~~has entered into an agreement under division (A) of section~~	50250
~~3313.42 of the Revised Code. Deduct the amount obtained from the~~	50251
~~following computations if the district employs fewer than five~~	50252
~~full-time equivalent educational service personnel, including~~	50253
~~elementary school art, music, and physical education teachers,~~	50254
~~counselors, librarians, visiting teachers, school social workers,~~	50255
~~and school nurses for each one thousand pupils in the regular~~	50256
~~student population:~~	50257

~~(1) Divide the number of full-time equivalent educational~~	50258
~~service personnel employed by the district by five~~	50259
~~one-thousandths;~~	50260

~~(2) Subtract the quotient in (1) from the district's regular~~	50261
~~student population;~~	50262

~~(3) Multiply the difference in (2) by ninety-four dollars.~~

50263

~~(E)~~ If a local school district, or a city or exempted village	50264
school district to which a governing board of an educational	50265
service center provides services pursuant to section 3313.843 of	50266
the Revised Code, deduct the amount of the payment required for	50267
the reimbursement of the governing board under section 3317.11 of	50268
the Revised Code.	50269

~~(F)~~(C)(1) If the district is required to pay to or entitled	50270
to receive tuition from another school district under division	50271
(C)(2) or (3) of section 3313.64 or section 3313.65 of the Revised	50272
Code, or if the superintendent of public instruction is required	50273
to determine the correct amount of tuition and make a deduction or	50274
credit under section 3317.08 of the Revised Code, deduct and	50275
credit such amounts as provided in division (J) of section 3313.64	50276
or section 3317.08 of the Revised Code.	50277

(2) For each child for whom the district is responsible for	50278
tuition or payment under division (A)(1) of section 3317.082 or	50279
section 3323.091 of the Revised Code, deduct the amount of tuition	50280
or payment for which the district is responsible.	50281

~~(G)~~(D) If the district has been certified by the	50282
superintendent of public instruction under section 3313.90 of the	50283
Revised Code as not in compliance with the requirements of that	50284
section, deduct an amount equal to ten per cent of the amount	50285
computed for the district under ~~Chapter 3306. of the Revised Code~~	50286
this chapter.	50287

~~(H)~~(E) If the district has received a loan from a commercial	50288
lending institution for which payments are made by the	50289
superintendent of public instruction pursuant to division (E)(3)	50290
of section 3313.483 of the Revised Code, deduct an amount equal to	50291
such payments.	50292

~~(I)~~(F)(1) If the district is a party to an agreement entered	50293
into under division (D), (E), or (F) of section 3311.06 or	50294
division (B) of section 3311.24 of the Revised Code and is	50295
obligated to make payments to another district under such an	50296
agreement, deduct an amount equal to such payments if the district	50297
school board notifies the department in writing that it wishes to	50298
have such payments deducted.	50299

(2) If the district is entitled to receive payments from	50300
another district that has notified the department to deduct such	50301
payments under division ~~(I)~~(F)(1) of this section, add the amount	50302
of such payments.	50303

~~(J)~~(G) If the district is required to pay an amount of funds	50304
to a cooperative education district pursuant to a provision	50305
described by division (B)(4) of section 3311.52 or division (B)(8)	50306
of section 3311.521 of the Revised Code, deduct such amounts as	50307
provided under that provision and credit those amounts to the	50308
cooperative education district for payment to the district under	50309
division (B)(1) of section 3317.19 of the Revised Code.	50310

~~(K)~~(H)(1) If a district is educating a student entitled to	50311
attend school in another district pursuant to a shared education	50312
contract, compact, or cooperative education agreement other than	50313
an agreement entered into pursuant to section 3313.842 of the	50314
Revised Code, credit to that educating district on an FTE basis	50315
both of the following:	50316

(a) An amount equal to the formula amount.

50317

(b) An amount equal to ~~the current formula amount~~$5,732	50318
times the state share percentage times any multiple applicable to	50319
the student for fiscal year 2009 pursuant to section ~~3306.11~~	50320
3317.013 or 3317.014 of the Revised Code, as those sections	50321
existed for that fiscal year.	50322

(2) Deduct any amount credited pursuant to division ~~(K)~~(H)(1)	50323
of this section from amounts paid to the school district in which	50324
the student is entitled to attend school pursuant to section	50325
3313.64 or 3313.65 of the Revised Code.	50326

(3) If the district is required by a shared education	50327
contract, compact, or cooperative education agreement to make	50328
payments to an educational service center, deduct the amounts from	50329
payments to the district and add them to the amounts paid to the	50330
service center pursuant to section 3317.11 of the Revised Code.	50331

~~(L)~~(I)(1) If a district, including a joint vocational school	50332
district, is a lead district of a VEPD, credit to that district	50333
the following amounts calculated for all the school districts	50334
within that VEPD ~~pursuant to~~:	50335

(a) In any fiscal year except fiscal year 2012 or 2013, the	50336
amount computed under division ~~(E)~~(D)(2) of section 3317.022 of	50337
the Revised Code.;	50338

(b) In fiscal years 2012 and 2013, an amount equal to the	50339
following:	50340

state share percentage X .05 X $5,732 X	50341

the sum of categories one	50342

and two vocational education ADM	50343

(2) Deduct from each appropriate district that is not a lead	50344
district, the amount attributable to that district that is	50345
credited to a lead district under division ~~(L)~~(I)(1) of this	50346
section.	50347

~~(M)~~(J) If the department pays a joint vocational school	50348
district under division (G)(4) of section 3317.16 of the Revised	50349
Code for excess costs of providing special education and related	50350
services to a student with a disability, as calculated under	50351
division (G)(2) of that section, the department shall deduct the	50352
amount of that payment from the city, local, or exempted village	50353
school district that is responsible as specified in that section	50354
for the excess costs.	50355

~~(N)~~(K)(1) If the district reports an amount of excess cost	50356
for special education services for a child under division (C) of	50357
section 3323.14 of the Revised Code, the department shall pay that	50358
amount to the district.	50359

(2) If the district reports an amount of excess cost for	50360
special education services for a child under division (C) of	50361
section 3323.14 of the Revised Code, the department shall deduct	50362
that amount from the district of residence of that child.	50363

Sec. 3317.024. The following shall be distributed monthly,	50364
quarterly, or annually as may be determined by the state board of	50365
education~~, except that the department of education shall not make~~	50366
~~payments under divisions (F) and (N) of this section for any~~	50367
~~fiscal year after fiscal year 2009 or under division (L) of this~~	50368
~~section for fiscal year 2010 or 2011~~:	50369

(A) An amount for each island school district and each joint	50370
state school district for the operation of each high school and	50371
each elementary school maintained within such district and for	50372
capital improvements for such schools. Such amounts shall be	50373
determined on the basis of standards adopted by the state board of	50374
education. However, for fiscal years 2012 and 2013, an island	50375
district shall receive the lesser of its actual cost of operation,	50376
as certified to the department of education, or ninety-three per	50377
cent of the amount the district received in state operating	50378
funding for fiscal year 2011. If an island district received no	50379
funding for fiscal year 2011, it shall receive no funding for	50380
either of fiscal year 2012 or 2013.	50381

(B) ~~An amount for each school district operating classes for~~	50382
~~children of migrant workers who are unable to be in attendance in~~	50383
~~an Ohio school during the entire regular school year. The amounts~~	50384
~~shall be determined on the basis of standards adopted by the state~~	50385
~~board of education, except that payment shall be made only for~~	50386
~~subjects regularly offered by the school district providing the~~	50387
~~classes.~~	50388

~~(C) An amount for each school district with guidance,~~	50389
~~testing, and counseling programs approved by the state board of~~	50390
~~education. The amount shall be determined on the basis of~~	50391
~~standards adopted by the state board of education.~~	50392

~~(D) An amount for the emergency purchase of school buses as~~	50393
~~provided for in section 3317.07 of the Revised Code;~~	50394

~~(E)~~ An amount for each school district required to pay	50395
tuition for a child in an institution maintained by the department	50396
of youth services pursuant to section 3317.082 of the Revised	50397
Code, provided the child was not included in the calculation of	50398
the district's average daily membership for the preceding school	50399
year.	50400

~~(F) An amount for adult basic literacy education for each~~	50401
~~district participating in programs approved by the state board of~~	50402
~~education. The amount shall be determined on the basis of~~	50403
~~standards adopted by the state board of education.~~	50404

~~(G)~~(C) An amount for the approved cost of transporting	50405
eligible pupils with disabilities attending a special education	50406
program approved by the department of education whom it is	50407
impossible or impractical to transport by regular school bus in	50408
the course of regular route transportation provided by the school	50409
district or educational service center. No district or service	50410
center is eligible to receive a payment under this division for	50411
the cost of transporting any pupil whom it transports by regular	50412
school bus and who is included in the district's transportation	50413
ADM. The state board of education shall establish standards and	50414
guidelines for use by the department of education in determining	50415
the approved cost of such transportation for each district or	50416
service center.	50417

~~(H)~~(D) An amount to each school district, including each	50418
cooperative education school district, pursuant to section 3313.81	50419
of the Revised Code to assist in providing free lunches to needy	50420
children ~~and an amount to assist needy school districts in~~	50421
~~purchasing necessary equipment for food preparation~~. The amounts	50422
shall be determined on the basis of rules adopted by the state	50423
board of education.	50424

~~(I)~~(E) An amount to each school district, for each pupil	50425
attending a chartered nonpublic elementary or high school within	50426
the district. The amount shall equal the amount appropriated for	50427
the implementation of section 3317.06 of the Revised Code divided	50428
by the average daily membership in grades kindergarten through	50429
twelve in nonpublic elementary and high schools within the state	50430
as determined during the first full week in October of each school	50431
year.	50432

~~(J)~~(F) An amount for each county DD board, distributed on the	50433
basis of standards adopted by the state board of education, for	50434
the approved cost of transportation required for children	50435
attending special education programs operated by the county DD	50436
board under section 3323.09 of the Revised Code;	50437

~~(K) An amount for each school district that establishes a~~	50438
~~mentor teacher program that complies with rules of the state board~~	50439
~~of education. No school district shall be required to establish or~~	50440
~~maintain such a program in any year unless sufficient funds are~~	50441
~~appropriated to cover the district's total costs for the program.~~	50442

~~(L) An amount to each school district or educational service~~	50443
~~center for the total number of gifted units approved pursuant to~~	50444
~~section 3317.05 of the Revised Code. The amount for each such unit~~	50445
~~shall be the sum of the minimum salary for the teacher of the~~	50446
~~unit, calculated on the basis of the teacher's training level and~~	50447
~~years of experience pursuant to the salary schedule prescribed in~~	50448
~~the version of section 3317.13 of the Revised Code in effect prior~~	50449
~~to July 1, 2001, plus fifteen per cent of that minimum salary~~	50450
~~amount, plus two thousand six hundred seventy-eight dollars.~~	50451

~~(M)~~(G) An amount to each institution defined under section	50452
3317.082 of the Revised Code providing elementary or secondary	50453
education to children other than children receiving special	50454
education under section 3323.091 of the Revised Code. This amount	50455
for any institution in any fiscal year shall equal the total of	50456
all tuition amounts required to be paid to the institution under	50457
division (A)(1) of section 3317.082 of the Revised Code.	50458

~~(N) A grant to each school district and joint vocational~~	50459
~~school district that operates a "graduation, reality, and~~	50460
~~dual-role skills" (GRADS) program for pregnant and parenting~~	50461
~~students that is approved by the department. The amount of the~~	50462
~~payment shall be the district's state share percentage, as defined~~	50463
~~in section 3317.022 or 3317.16 of the Revised Code, times the~~	50464
~~GRADS personnel allowance times the full-time-equivalent number of~~	50465
~~GRADS teachers approved by the department. The GRADS personnel~~	50466
~~allowance is $47,555 in fiscal years 2008 and 2009. The GRADS~~	50467
~~program shall include instruction on adoption as an option for~~	50468
~~unintended pregnancies.~~	50469

The state board of education or any other board of education	50470
or governing board may provide for any resident of a district or	50471
educational service center territory any educational service for	50472
which funds are made available to the board by the United States	50473
under the authority of public law, whether such funds come	50474
directly or indirectly from the United States or any agency or	50475
department thereof or through the state or any agency, department,	50476
or political subdivision thereof.	50477

Sec. 3317.025. On or before the first day of June of each	50478
year, the tax commissioner shall certify the following information	50479
to the department of education and the office of budget and	50480
management, for each school district in which the value of the	50481
property described under division (A) of this section exceeds one	50482
per cent of the taxable value of all real and tangible personal	50483
property in the district or in which is located tangible personal	50484
property designed for use or used in strip mining operations,	50485
whose taxable value exceeds five million dollars, and the taxes	50486
upon which the district is precluded from collecting by virtue of	50487
legal proceedings to determine the value of such property:	50488

(A) The total taxable value of all property in the district	50489
owned by a public utility or railroad that has filed a petition	50490
for reorganization under the "Bankruptcy Act," 47 Stat. 1474	50491
(1898), 11 U.S.C. 205, as amended, and all tangible personal	50492
property in the district designed for use or used in strip mining	50493
operations whose taxable value exceeds five million dollars upon	50494
which have not been paid in full on or before the first day of	50495
April of that calendar year all real and tangible personal	50496
property taxes levied for the preceding calendar year and which	50497
the district was precluded from collecting by virtue of	50498
proceedings under section 205 of said act or by virtue of legal	50499
proceedings to determine the tax liability of such strip mining	50500
equipment;	50501

(B) The percentage of the total operating taxes charged and	50502
payable for school district purposes levied against such valuation	50503
for the preceding calendar year that have not been paid by such	50504
date;	50505

(C) The product obtained by multiplying the value certified	50506
under division (A) of this section by the percentage certified	50507
under division (B) of this section. If the value certified under	50508
division (A) of this section includes taxable property owned by a	50509
public utility or railroad that has filed a petition for	50510
reorganization under the bankruptcy act, the amount used in making	50511
the calculation under this division shall be reduced by one per	50512
cent of the total value of all real and tangible personal property	50513
in the district or the value of the utility's or railroad's	50514
property, whichever is less.	50515

Upon receipt of the certification, the department shall	50516
recompute the payments required under ~~Chapter 3306. of the~~	50517
~~Revised Code~~this chapter in the manner the payments would have	50518
been computed if:	50519

(1) The amount certified under division (C) of this section	50520
was not subject to taxation by the district and was not included	50521
in the certification made under division (A)(1), (A)(2), or (D) of	50522
section 3317.021 of the Revised Code.	50523

(2) The amount of taxes charged and payable and unpaid and	50524
used to make the computation under division (B) of this section	50525
had not been levied and had not been used in the computation	50526
required by division (B) of section 3317.021 of the Revised Code.	50527
The department shall pay the district that amount in the ensuing	50528
fiscal year in lieu of the amounts computed under ~~Chapter 3306. of~~	50529
~~the Revised Code~~this chapter.	50530

If a school district received a grant from the catastrophic	50531
expenditures account pursuant to division (C) of section 3316.20	50532
of the Revised Code on the basis of the same circumstances for	50533
which a recomputation is made under this section, the amount of	50534
the recomputation shall be reduced and transferred in accordance	50535
with division (C) of section 3316.20 of the Revised Code.	50536

Sec. 3317.0210. (A) As used in this section:

50537

(1) "Bankruptcy Reform Act" means the "Bankruptcy Reform Act	50538
of 1978," 92 Stat. 2558, 11 U.S.C. 301, as amended.	50539

(2) "Chapter 11 corporation" means a corporation, company, or	50540
other business organization that has filed a petition for	50541
reorganization under Chapter 11 of the "Bankruptcy Reform Act," 92	50542
Stat. 2626, 11 U.S.C. 1101, as amended.	50543

(3) "Uncollectable taxes" means property taxes payable in a	50544
calendar year by a Chapter 11 corporation on its property that a	50545
school district is precluded from collecting by virtue of	50546
proceedings under the Bankruptcy Reform Act.	50547

(4) "Basic state aid" means ~~the~~a school district's state	50548
education aid ~~calculated for a school district under Chapter 3306.~~	50549
~~of the Revised Code~~.	50550

(5) "Effective value" means the amount obtained by	50551
multiplying the total taxable value certified in a calendar year	50552
under section 3317.021 of the Revised Code by a fraction, the	50553
numerator of which is the total taxes charged and payable in that	50554
calendar year exclusive of the uncollectable taxes payable in that	50555
year, and the denominator of which is the total taxes charged and	50556
payable in that year.	50557

(6) "Total taxes charged and payable" has the same meaning	50558
given "taxes charged and payable" in section 3317.02 of the	50559
Revised Code.	50560

(B)(1) Between the first day of January and the first day of	50561
February of any year, a school district shall notify the	50562
department of education if it has uncollectable taxes payable in	50563
the preceding calendar year from one Chapter 11 corporation.	50564

(2) The department shall verify whether the district has such	50565
uncollectable taxes from such a corporation, and if the district	50566
does, shall immediately request the tax commissioner to certify	50567
the district's total taxes charged and payable in the preceding	50568
calendar year, and the tax commissioner shall certify that	50569
information to the department within thirty days after receiving	50570
the request. For the purposes of this section, taxes are payable	50571
in the calendar year that includes the day prescribed by law for	50572
their payment, including any lawful extension thereof.	50573

(C) Upon receiving the certification from the tax	50574
commissioner, the department shall determine whether the amount of	50575
uncollectable taxes from the corporation equals at least one per	50576
cent of the total taxes charged and payable as certified by the	50577
tax commissioner. If it does, the department shall compute the	50578
district's effective value and shall recompute the basic state aid	50579
payable to the district for the current fiscal year using the	50580
effective value in lieu of the total taxable value used to compute	50581
the basic state aid for the current fiscal year. The difference	50582
between the basic state aid amount originally computed for the	50583
district for the current fiscal year and the recomputed amount	50584
shall be paid to the district from the lottery profits education	50585
fund before the end of the current fiscal year.	50586

(D) Except as provided in division (E) of this section,	50587
amounts received by a school district under division (C) of this	50588
section shall be repaid to the department of education in any	50589
future year to the extent the district receives payments of	50590
uncollectable taxes in such future year. The district shall notify	50591
the department of any amount owed under this division.	50592

(E) If a school district received a grant from the	50593
catastrophic expenditures account pursuant to division (C) of	50594
section 3316.20 of the Revised Code on the basis of the same	50595
circumstances for which a recomputation is made under this	50596
section, the amount of the recomputation shall be reduced and	50597
transferred in accordance with division (C) of section 3316.20 of	50598
the Revised Code.	50599

Sec. 3317.0211. (A) As used in this section:

50600

(1) "Port authority" means any port authority as defined in	50601
section 4582.01 or 4582.21 of the Revised Code.	50602

(2) "Real property" includes public utility real property and	50603
"personal property" includes public utility personal property.	50604

(3) "Uncollected taxes" means property taxes charged and	50605
payable against the property of a port authority for a tax year	50606
that a school district has not collected.	50607

(4) "Basic state aid" means ~~the~~a school district's state	50608
education aid ~~calculated for a school district under Chapter 3306.~~	50609
~~of the Revised Code~~.	50610

(5) "Effective value" means the sum of the effective	50611
residential/agricultural real property value, the effective	50612
nonresidential/agricultural real property value, and the effective	50613
personal value.	50614

(6) "Effective residential/agricultural real property value"	50615
means, for a tax year, the amount obtained by multiplying the	50616
value for that year of residential/agricultural real property	50617
subject to taxation in the district by a fraction, the numerator	50618
of which is the total taxes charged and payable for that year	50619
against the residential/agricultural real property subject to	50620
taxation in the district, exclusive of the uncollected taxes for	50621
that year on all real property subject to taxation in the	50622
district, and the denominator of which is the total taxes charged	50623
and payable for that year against the residential/agricultural	50624
real property subject to taxation in the district.	50625

(7) "Effective nonresidential/agricultural real property	50626
value" means, for a tax year, the amount obtained by multiplying	50627
the value for that year of nonresidential/agricultural real	50628
property subject to taxation in the district by a fraction, the	50629
numerator of which is the total taxes charged and payable for that	50630
year against the nonresidential/agricultural real property subject	50631
to taxation in the district, exclusive of the uncollected taxes	50632
for that year on all real property subject to taxation in the	50633
district, and the denominator of which is the total taxes charged	50634
and payable for that year against the nonresidential/agricultural	50635
real property subject to taxation in the district.	50636

(8) "Effective personal value" means, for a tax year, the	50637
amount obtained by multiplying the value for that year certified	50638
under division (A)(2) of section 3317.021 of the Revised Code by a	50639
fraction, the numerator of which is the total taxes charged and	50640
payable for that year against personal property subject to	50641
taxation in the district, exclusive of the uncollected taxes for	50642
that year on that property, and the denominator of which is the	50643
total taxes charged and payable for that year against personal	50644
property subject to taxation in the district.	50645

(9) "Nonresidential/agricultural real property value" means,	50646
for a tax year, the sum of the values certified for a school	50647
district for that year under division (B)(2)(a) of this section,	50648
and "residential/agricultural real property value" means, for a	50649
tax year, the sum of the values certified for a school district	50650
under division (B)(2)(b) of this section.	50651

(10) "Taxes charged and payable against real property" means	50652
the taxes charged and payable against that property after making	50653
the reduction required by section 319.301 of the Revised Code.	50654

(11) "Total taxes charged and payable" has the same meaning	50655
given "taxes charged and payable" in section 3317.02 of the	50656
Revised Code.	50657

(B)(1) By the first day of August of any calendar year, a	50658
school district shall notify the department of education if it has	50659
any uncollected taxes from one port authority for the second	50660
preceding tax year whose taxes charged and payable represent at	50661
least one-half of one per cent of the district's total taxes	50662
charged and payable for that tax year.	50663

(2) The department shall verify whether the district has such	50664
uncollected taxes by the first day of September, and if the	50665
district does, shall immediately request the county auditor of	50666
each county in which the school district has territory to certify	50667
the following information concerning the district's property	50668
values and taxes for the second preceding tax year, and each such	50669
auditor shall certify that information to the department within	50670
thirty days of receiving the request:	50671

(a) The value of the property subject to taxation in the	50672
district that was classified as nonresidential/agricultural real	50673
property pursuant to section 5713.041 of the Revised Code, and the	50674
taxes charged and payable on that property; and	50675

(b) The value of the property subject to taxation in the	50676
district that was classified as residential/agricultural real	50677
property under section 5713.041 of the Revised Code.	50678

(C) By the fifteenth day of November, the department shall	50679
compute the district's effective nonresidential/agricultural real	50680
property value, effective residential/agricultural real property	50681
value, effective personal value, and effective value, and shall	50682
determine whether the school district's effective value for the	50683
second preceding tax year is at least one per cent less than its	50684
total value for that year certified under divisions (A)(1) and (2)	50685
of section 3317.021 of the Revised Code. If it is, the department	50686
shall recompute the basic state aid payable to the district for	50687
the immediately preceding fiscal year using the effective value in	50688
lieu of the amounts previously certified under section 3317.021 of	50689
the Revised Code. The difference between the original basic state	50690
aid amount computed for the district for the preceding fiscal year	50691
and the recomputed amount shall be paid to the district from the	50692
lottery profits education fund before the end of the current	50693
fiscal year.	50694

(D) Except as provided in division (E) of this section,	50695
amounts received by a school district under division (C) of this	50696
section shall be repaid to the department of education in any	50697
future year to the extent the district receives payments of	50698
uncollectable taxes in such future year. The department shall	50699
notify a district of any amount owed under this division.	50700

(E) If a school district received a grant from the	50701
catastrophic expenditures account pursuant to division (C) of	50702
section 3316.20 of the Revised Code on the basis of the same	50703
circumstances for which a recomputation is made under this	50704
section, the amount of the recomputation shall be reduced and	50705
transferred in accordance with division (C) of section 3316.20 of	50706
the Revised Code.	50707

~~Sec. 3306.12.~~ Sec. 3317.0212. ~~(A)~~The department of education shall	50708
make no payments under this section for fiscal year 2012 or 2013.	50709

(A) As used in this section:

50710

(1) "Assigned bus" means a school bus used to transport	50711
qualifying riders.	50712

(2) "Nontraditional ridership" means the average number of	50713
qualifying riders who are enrolled in a community school	50714
established under Chapter 3314. of the Revised Code, in a STEM	50715
school established under Chapter 3326. of the Revised Code, or in	50716
a nonpublic school and are provided school bus service by a school	50717
district during the first full week of October.	50718

(3) "Qualifying riders" means resident students enrolled in	50719
regular education in grades kindergarten to twelve who are	50720
provided school bus service by a school district and who live more	50721
than one mile from the school they attend, including students with	50722
dual enrollment in a joint vocational school district or a	50723
cooperative education school district, and students enrolled in a	50724
community school, STEM school, or nonpublic school.	50725

(4) "Qualifying ridership" means the average number of	50726
qualifying riders who are provided school bus service by a school	50727
district during the first full week of October.	50728

(5) "Rider density" means the number of qualifying riders per	50729
square mile of a school district.	50730

(6) "School bus service" means a school district's	50731
transportation of qualifying riders in any of the following types	50732
of vehicles:	50733

(a) School buses owned or leased by the district;

50734

(b) School buses operated by a private contractor hired by	50735
the district;	50736

(c) School buses operated by another school district or	50737
entity with which the district has contracted, either as part of a	50738
consortium for the provision of transportation or otherwise.	50739

(B) Not later than the fifteenth day of October each year,	50740
each city, local, and exempted village school district shall	50741
report to the department of education its qualifying ridership,	50742
nontraditional ridership, number of qualifying riders per assigned	50743
bus, and any other information requested by the department.	50744
Subsequent adjustments to the reported numbers shall be made only	50745
in accordance with rules adopted by the department.	50746

(C) The department shall calculate the statewide	50747
transportation cost per student as follows:	50748

(1) Determine each city, local, and exempted village school	50749
district's transportation cost per student by dividing the	50750
district's total costs for school bus service in the previous	50751
fiscal year by its qualifying ridership in the previous fiscal	50752
year.	50753

(2) After excluding districts that do not provide school bus	50754
service and the ten districts with the highest transportation	50755
costs per student and the ten districts with the lowest	50756
transportation costs per student, divide the aggregate cost for	50757
school bus service for the remaining districts in the previous	50758
fiscal year by the aggregate qualifying ridership of those	50759
districts in the previous fiscal year.	50760

(D) The department shall calculate the statewide	50761
transportation cost per mile as follows:	50762

(1) Determine each city, local, and exempted village school	50763
district's transportation cost per mile by dividing the district's	50764
total costs for school bus service in the previous fiscal year by	50765
its total number of miles driven for school bus service in the	50766
previous fiscal year.	50767

(2) After excluding districts that do not provide school bus	50768
service and the ten districts with the highest transportation	50769
costs per mile and the ten districts with the lowest	50770
transportation costs per mile, divide the aggregate cost for	50771
school bus service for the remaining districts in the previous	50772
fiscal year by the aggregate miles driven for school bus service	50773
in those districts in the previous fiscal year.	50774

(E) The department shall calculate each city, local, and	50775
exempted village school district's transportation base payment as	50776
follows:	50777

(1) Multiply the statewide transportation cost per student by	50778
the district's qualifying ridership for the current fiscal year.	50779

(2) Multiply the statewide transportation cost per mile by	50780
the district's total number of miles driven for school bus service	50781
in the current fiscal year.	50782

(3) Multiply the greater of the amounts calculated under	50783
divisions (E)(1) and (2) of this section by the greater of sixty	50784
per cent or the district's state share percentage, as defined in	50785
section 3317.02 of the Revised Code.	50786

(F) The department shall calculate each city, local, and	50787
exempted village school district's nontraditional ridership	50788
adjustment according to the following formula:	50789

(nontraditional ridership for the current fiscal year /	50790

qualifying ridership for the current fiscal year) X 0.1 X	50791

transportation base payment	50792

(G) If a city, local, ~~and~~or exempted village school district	50793
offers school bus service to all resident students who are	50794
enrolled in regular education in district schools in grades nine	50795
to twelve and who live more than one mile from the school they	50796
attend, the department shall calculate the district's high school	50797
ridership adjustment according to the following formula:	50798

0.025 X transportation base payment	50799

(H) If a city, local, ~~and~~or exempted village school district	50800
offers school bus service to students enrolled in grades	50801
kindergarten to eight who live more than one mile, but two miles	50802
or less, from the school they attend, the department shall	50803
calculate an additional adjustment according to the following	50804
formula:	50805

0.025 X transportation base payment	50806

(I)(1) The department annually shall establish a target	50807
number of qualifying riders per assigned bus for each city, local,	50808
and exempted village school district. The department shall use the	50809
most recently available data in establishing the target number.	50810
The target number shall be based on the statewide median number of	50811
qualifying riders per assigned bus as adjusted to reflect the	50812
district's rider density in comparison to the rider density of all	50813
other districts. The department shall post on the department's web	50814
site each district's target number of qualifying riders per	50815
assigned bus and a description of how the target number was	50816
determined.	50817

(2) The department shall determine each school district's	50818
efficiency index by dividing the district's median number of	50819
qualifying riders per assigned bus by its target number of	50820
qualifying riders per assigned bus.	50821

(3) The department shall determine each city, local, and	50822
exempted village school district's efficiency adjustment as	50823
follows:	50824

(a) If the district's efficiency index is equal to or greater	50825
than 1.5, the efficiency adjustment shall be calculated according	50826
to the following formula:	50827

0.1 X transportation base payment	50828

(b) If the district's efficiency index is less than 1.5 but	50829
equal to or greater than 1.0, the efficiency adjustment shall be	50830
calculated according to the following formula:	50831

[(efficiency index – 1) / 5] X transportation base payment	50832

(c) If the district's efficiency index is less than 1.0, the	50833
efficiency adjustment shall be zero.	50834

(J) The department shall pay each city, local, and exempted	50835
village school district the lesser of the following:	50836

(1) The sum of the amounts calculated under divisions (E) to	50837
(H) and (I)(3) of this section;	50838

(2) The district's total costs for school bus service for the	50839
prior fiscal year.	50840

(K) In addition to funds paid under division (J) of this	50841
section, each city, local, and exempted village district shall	50842
receive in accordance with rules adopted by the state board of	50843
education a payment for students transported by means other than	50844
school bus service and whose transportation is not funded under	50845
division ~~(G)~~(C) of section 3317.024 of the Revised Code. The rules	50846
shall include provisions for school district reporting of such	50847
students.	50848

~~(L)(1) In fiscal years 2010 and 2011, the department shall~~	50849
~~pay each district a pro rata portion of the amounts calculated~~	50850
~~under division (J) of this section and described in division (K)~~	50851
~~of this section, based on state appropriations.~~	50852

~~(2) In addition to the prorated payment under division (L)(1)~~	50853
~~of this section, in fiscal years 2010 and 2011, the department~~	50854
~~shall pay each school district that meets the conditions~~	50855
~~prescribed in division (L)(3) of this section an additional amount~~	50856
~~equal to the following product:~~	50857

~~(a) The difference of (i) the amounts calculated under~~	50858
~~division (J) of this section and prescribed in division (K) of~~	50859
~~this section minus (ii) that prorated payment; times~~	50860

~~(b) 0.30 in fiscal year 2010 and 0.70 in fiscal year 2011.~~

50861

~~(3) Division (L)(2) of this section applies to each school~~	50862
~~district that meets all of the following conditions:~~	50863

~~(a) The district qualifies for the calculation of a payment~~	50864
~~under division (J) of this section because it transports students~~	50865
~~on board-owned or contractor-owned school buses.~~	50866

~~(b) The district's local wealth per pupil, calculated as~~	50867
~~prescribed in section 3317.0217 of the Revised Code, is at or~~	50868
~~below the median local wealth per pupil of all districts that~~	50869
~~qualify for calculation of a payment under division (J) of this~~	50870
~~section.~~	50871

~~(c) The district's rider density is at or below the median~~	50872
~~rider density of all districts that qualify for calculation of a~~	50873
~~payment under division (J) of this section.~~	50874

Sec. 3317.03. ~~The information certified and verified under~~	50875
~~this section shall be used to calculate payments under this~~	50876
~~chapter and Chapter 3306. of the Revised Code.~~	50877

(A) The superintendent of each city, local, and exempted	50878
village school district and of each educational service center	50879
shall, for the schools under the superintendent's supervision,	50880
certify to the state board of education on or before the fifteenth	50881
day of October in each year for the first full school week in	50882
October the average daily membership of students receiving	50883
services from schools under the superintendent's supervision, and	50884
the numbers of other students entitled to attend school in the	50885
district under section 3313.64 or 3313.65 of the Revised Code the	50886
superintendent is required to report under this section, so that	50887
the department of education can calculate the district's formula	50888
ADM. If a school under the superintendent's supervision is closed	50889
for one or more days during that week due to hazardous weather	50890
conditions or other circumstances described in the first paragraph	50891
of division (B) of section 3317.01 of the Revised Code, the	50892
superintendent may apply to the superintendent of public	50893
instruction for a waiver, under which the superintendent of public	50894
instruction may exempt the district superintendent from certifying	50895
the average daily membership for that school for that week and	50896
specify an alternate week for certifying the average daily	50897
membership of that school.	50898

The average daily membership during such week shall consist	50899
of the sum of the following:	50900

(1) On an FTE basis, the number of students in grades	50901
kindergarten through twelve receiving any educational services	50902
from the district, except that the following categories of	50903
students shall not be included in the determination:	50904

(a) Students enrolled in adult education classes;

50905

(b) Adjacent or other district students enrolled in the	50906
district under an open enrollment policy pursuant to section	50907
3313.98 of the Revised Code;	50908

(c) Students receiving services in the district pursuant to a	50909
compact, cooperative education agreement, or a contract, but who	50910
are entitled to attend school in another district pursuant to	50911
section 3313.64 or 3313.65 of the Revised Code;	50912

(d) Students for whom tuition is payable pursuant to sections	50913
3317.081 and 3323.141 of the Revised Code;	50914

(e) Students receiving services in the district through a	50915
scholarship awarded under section 3310.41 of the Revised Code.	50916

(2) On an FTE basis, the number of students entitled to	50917
attend school in the district pursuant to section 3313.64 or	50918
3313.65 of the Revised Code, but receiving educational services in	50919
grades kindergarten through twelve from one or more of the	50920
following entities:	50921

(a) A community school pursuant to Chapter 3314. of the	50922
Revised Code, including any participation in a college pursuant to	50923
Chapter 3365. of the Revised Code while enrolled in such community	50924
school;	50925

(b) An alternative school pursuant to sections 3313.974 to	50926
3313.979 of the Revised Code as described in division (I)(2)(a) or	50927
(b) of this section;	50928

(c) A college pursuant to Chapter 3365. of the Revised Code,	50929
except when the student is enrolled in the college while also	50930
enrolled in a community school pursuant to Chapter 3314. or a	50931
science, technology, engineering, and mathematics school	50932
established under Chapter 3326. of the Revised Code;	50933

(d) An adjacent or other school district under an open	50934
enrollment policy adopted pursuant to section 3313.98 of the	50935
Revised Code;	50936

(e) An educational service center or cooperative education	50937
district;	50938

(f) Another school district under a cooperative education	50939
agreement, compact, or contract;	50940

(g) A chartered nonpublic school with a scholarship paid	50941
under section 3310.08 of the Revised Code;	50942

(h) An alternative public provider or a registered private	50943
provider with a scholarship awarded under section 3310.41 of the	50944
Revised Code.	50945

As used in this section, "alternative public provider" and	50946
"registered private provider" have the same meanings as in section	50947
3310.41 of the Revised Code.	50948

(i) A science, technology, engineering, and mathematics	50949
school established under Chapter 3326. of the Revised Code,	50950
including any participation in a college pursuant to Chapter 3365.	50951
of the Revised Code while enrolled in the school.	50952

(3) The number of students enrolled in a joint vocational	50953
school district or under a vocational education compact, excluding	50954
any students entitled to attend school in the district under	50955
section 3313.64 or 3313.65 of the Revised Code who are enrolled in	50956
another school district through an open enrollment policy as	50957
reported under division (A)(2)(d) of this section and then enroll	50958
in a joint vocational school district or under a vocational	50959
education compact;	50960

(4) The number of children with disabilities, other than	50961
preschool children with disabilities, entitled to attend school in	50962
the district pursuant to section 3313.64 or 3313.65 of the Revised	50963
Code who are placed by the district with a county DD board, minus	50964
the number of such children placed with a county DD board in	50965
fiscal year 1998. If this calculation produces a negative number,	50966
the number reported under division (A)(4) of this section shall be	50967
zero.	50968

(B) To enable the department of education to obtain the data	50969
needed to complete the calculation of payments pursuant to this	50970
chapter ~~and Chapter 3306. of the Revised Code~~, in addition to the	50971
average daily membership, each superintendent shall report	50972
separately the following student counts for the same week for	50973
which average daily membership is certified:	50974

(1) The total average daily membership in regular learning	50975
day classes included in the report under division (A)(1) or (2) of	50976
this section for each of the individual grades kindergarten	50977
through twelve in schools under the superintendent's supervision;	50978

(2) The number of all preschool children with disabilities	50979
enrolled as of the first day of December in classes in the	50980
district that are eligible for approval under division (B) of	50981
section 3317.05 of the Revised Code and the number of those	50982
classes, which shall be reported not later than the fifteenth day	50983
of December, in accordance with rules adopted under that section;	50984

(3) The number of children entitled to attend school in the	50985
district pursuant to section 3313.64 or 3313.65 of the Revised	50986
Code who are:	50987

(a) Participating in a pilot project scholarship program	50988
established under sections 3313.974 to 3313.979 of the Revised	50989
Code as described in division (I)(2)(a) or (b) of this section;	50990

(b) Enrolled in a college under Chapter 3365. of the Revised	50991
Code, except when the student is enrolled in the college while	50992
also enrolled in a community school pursuant to Chapter 3314. or a	50993
science, technology, engineering, and mathematics school	50994
established under Chapter 3326. of the Revised Code;	50995

(c) Enrolled in an adjacent or other school district under	50996
section 3313.98 of the Revised Code;	50997

(d) Enrolled in a community school established under Chapter	50998
3314. of the Revised Code that is not an internet- or	50999
computer-based community school as defined in section 3314.02 of	51000
the Revised Code, including any participation in a college	51001
pursuant to Chapter 3365. of the Revised Code while enrolled in	51002
such community school;	51003

(e) Enrolled in an internet- or computer-based community	51004
school, as defined in section 3314.02 of the Revised Code,	51005
including any participation in a college pursuant to Chapter 3365.	51006
of the Revised Code while enrolled in the school;	51007

(f) Enrolled in a chartered nonpublic school with a	51008
scholarship paid under section 3310.08 of the Revised Code;	51009

(g) Enrolled in kindergarten through grade twelve in an	51010
alternative public provider or a registered private provider with	51011
a scholarship awarded under section 3310.41 of the Revised Code;	51012

(h) Enrolled as a preschool child with a disability in an	51013
alternative public provider or a registered private provider with	51014
a scholarship awarded under section 3310.41 of the Revised Code;	51015

(i) Participating in a program operated by a county DD board	51016
or a state institution;	51017

(j) Enrolled in a science, technology, engineering, and	51018
mathematics school established under Chapter 3326. of the Revised	51019
Code, including any participation in a college pursuant to Chapter	51020
3365. of the Revised Code while enrolled in the school.	51021

(4) The number of pupils enrolled in joint vocational	51022
schools;	51023

(5) The average daily membership of children with	51024
disabilities reported under division (A)(1) or (2) of this section	51025
receiving special education services for the category one	51026
disability described in division ~~(D)(1)~~(A) of section ~~3306.02~~	51027
3317.013 of the Revised Code;	51028

(6) The average daily membership of children with	51029
disabilities reported under division (A)(1) or (2) of this section	51030
receiving special education services for category two disabilities	51031
described in division ~~(D)(2)~~(B) of section ~~3306.02~~3317.013 of the	51032
Revised Code;	51033

(7) The average daily membership of children with	51034
disabilities reported under division (A)(1) or (2) of this section	51035
receiving special education services for category three	51036
disabilities described in division ~~(D)(3)~~(C) of section ~~3306.02~~	51037
3317.013 of the Revised Code;	51038

(8) The average daily membership of children with	51039
disabilities reported under division (A)(1) or (2) of this section	51040
receiving special education services for category four	51041
disabilities described in division (D)~~(4)~~ of section ~~3306.02~~	51042
3317.013 of the Revised Code;	51043

(9) The average daily membership of children with	51044
disabilities reported under division (A)(1) or (2) of this section	51045
receiving special education services for the category five	51046
disabilities described in division ~~(D)(5)~~(E) of section ~~3306.02~~	51047
3317.013 of the Revised Code;	51048

(10) The combined average daily membership of children with	51049
disabilities reported under division (A)(1) or (2) and under	51050
division (B)(3)(h) of this section receiving special education	51051
services for category six disabilities described in division	51052
~~(D)(6)~~(F) of section ~~3306.02~~3317.013 of the Revised Code,	51053
including children attending a special education program operated	51054
by an alternative public provider or a registered private provider	51055
with a scholarship awarded under section 3310.41 of the Revised	51056
Code;	51057

(11) The average daily membership of pupils reported under	51058
division (A)(1) or (2) of this section enrolled in category one	51059
vocational education programs or classes, described in division	51060
(A) of section 3317.014 of the Revised Code, operated by the	51061
school district or by another district, other than a joint	51062
vocational school district, or by an educational service center,	51063
excluding any student reported under division (B)(3)(e) of this	51064
section as enrolled in an internet- or computer-based community	51065
school, notwithstanding division (C) of section 3317.02 of the	51066
Revised Code and division (C)(3) of this section;	51067

(12) The average daily membership of pupils reported under	51068
division (A)(1) or (2) of this section enrolled in category two	51069
vocational education programs or services, described in division	51070
(B) of section 3317.014 of the Revised Code, operated by the	51071
school district or another school district, other than a joint	51072
vocational school district, or by an educational service center,	51073
excluding any student reported under division (B)(3)(e) of this	51074
section as enrolled in an internet- or computer-based community	51075
school, notwithstanding division (C) of section 3317.02 of the	51076
Revised Code and division (C)(3) of this section;	51077

Beginning with fiscal year 2010, vocational education ADM	51078
shall not be used to calculate a district's funding but shall be	51079
reported under divisions (B)(11) and (12) of this section for	51080
statistical purposes.	51081

(13) The average number of children transported by the school	51082
district on board-owned or contractor-owned and -operated buses,	51083
reported in accordance with rules adopted by the department of	51084
education;	51085

(14)(a) The number of children, other than preschool children	51086
with disabilities, the district placed with a county DD board in	51087
fiscal year 1998;	51088

(b) The number of children with disabilities, other than	51089
preschool children with disabilities, placed with a county DD	51090
board in the current fiscal year to receive special education	51091
services for the category one disability described in division	51092
~~(D)(1)~~(A) of section ~~3306.02~~3317.013 of the Revised Code;	51093

(c) The number of children with disabilities, other than	51094
preschool children with disabilities, placed with a county DD	51095
board in the current fiscal year to receive special education	51096
services for category two disabilities described in division	51097
~~(D)(2)~~(B) of section ~~3306.02~~3317.013 of the Revised Code;	51098

(d) The number of children with disabilities, other than	51099
preschool children with disabilities, placed with a county DD	51100
board in the current fiscal year to receive special education	51101
services for category three disabilities described in division	51102
~~(D)(3)~~(C) of section ~~3306.02~~3317.013 of the Revised Code;	51103

(e) The number of children with disabilities, other than	51104
preschool children with disabilities, placed with a county DD	51105
board in the current fiscal year to receive special education	51106
services for category four disabilities described in division	51107
(D)~~(4)~~ of section ~~3306.02~~3317.013 of the Revised Code;	51108

(f) The number of children with disabilities, other than	51109
preschool children with disabilities, placed with a county DD	51110
board in the current fiscal year to receive special education	51111
services for the category five disabilities described in division	51112
~~(D)(5)~~(E) of section ~~3306.02~~3317.013 of the Revised Code;	51113

(g) The number of children with disabilities, other than	51114
preschool children with disabilities, placed with a county DD	51115
board in the current fiscal year to receive special education	51116
services for category six disabilities described in division	51117
~~(D)(6)~~(F) of section ~~3306.02~~3317.013 of the Revised Code.	51118

(C)(1) The average daily membership in divisions (B)(1) to	51119
(12) of this section shall be based upon the number of full-time	51120
equivalent students. The state board of education shall adopt	51121
rules defining full-time equivalent students and for determining	51122
the average daily membership therefrom for the purposes of	51123
divisions (A), (B), and (D) of this section.	51124

(2) A student enrolled in a community school established	51125
under Chapter 3314. or a science, technology, engineering, and	51126
mathematics school established under Chapter 3326. of the Revised	51127
Code shall be counted in the formula ADM and, if applicable, the	51128
category one, two, three, four, five, or six special education ADM	51129
of the school district in which the student is entitled to attend	51130
school under section 3313.64 or 3313.65 of the Revised Code for	51131
the same proportion of the school year that the student is counted	51132
in the enrollment of the community school or the science,	51133
technology, engineering, and mathematics school for purposes of	51134
section 3314.08 or 3326.33 of the Revised Code. Notwithstanding	51135
the number of students reported pursuant to division (B)(3)(d),	51136
(e), or (j) of this section, the department may adjust the formula	51137
ADM of a school district to account for students entitled to	51138
attend school in the district under section 3313.64 or 3313.65 of	51139
the Revised Code who are enrolled in a community school or a	51140
science, technology, engineering, and mathematics school for only	51141
a portion of the school year.	51142

(3) No child shall be counted as more than a total of one	51143
child in the sum of the average daily memberships of a school	51144
district under division (A), divisions (B)(1) to (12), or division	51145
(D) of this section, except as follows:	51146

(a) A child with a disability described in ~~division (D) of~~	51147
section ~~3306.02~~3317.013 of the Revised Code may be counted both	51148
in formula ADM and in category one, two, three, four, five, or six	51149
special education ADM and, if applicable, in category one or two	51150
vocational education ADM. As provided in division (C) of section	51151
3317.02 of the Revised Code, such a child shall be counted in	51152
category one, two, three, four, five, or six special education ADM	51153
in the same proportion that the child is counted in formula ADM.	51154

(b) A child enrolled in vocational education programs or	51155
classes described in section 3317.014 of the Revised Code may be	51156
counted both in formula ADM and category one or two vocational	51157
education ADM and, if applicable, in category one, two, three,	51158
four, five, or six special education ADM. Such a child shall be	51159
counted in category one or two vocational education ADM in the	51160
same proportion as the percentage of time that the child spends in	51161
the vocational education programs or classes.	51162

(4) Based on the information reported under this section, the	51163
department of education shall determine the total student count,	51164
as defined in section 3301.011 of the Revised Code, for each	51165
school district.	51166

(D)(1) The superintendent of each joint vocational school	51167
district shall certify to the superintendent of public instruction	51168
on or before the fifteenth day of October in each year for the	51169
first full school week in October the formula ADM, for purposes of	51170
section 3318.42 of the Revised Code and for any other purpose	51171
prescribed by law for which "formula ADM" of the joint vocational	51172
district is a factor. If a school operated by the joint vocational	51173
school district is closed for one or more days during that week	51174
due to hazardous weather conditions or other circumstances	51175
described in the first paragraph of division (B) of section	51176
3317.01 of the Revised Code, the superintendent may apply to the	51177
superintendent of public instruction for a waiver, under which the	51178
superintendent of public instruction may exempt the district	51179
superintendent from certifying the formula ADM for that school for	51180
that week and specify an alternate week for certifying the formula	51181
ADM of that school.	51182

The formula ADM, except as otherwise provided in this	51183
division, shall consist of the average daily membership during	51184
such week, on an FTE basis, of the number of students receiving	51185
any educational services from the district, including students	51186
enrolled in a community school established under Chapter 3314. or	51187
a science, technology, engineering, and mathematics school	51188
established under Chapter 3326. of the Revised Code who are	51189
attending the joint vocational district under an agreement between	51190
the district board of education and the governing authority of the	51191
community school or the governing body of the science, technology,	51192
engineering, and mathematics school and are entitled to attend	51193
school in a city, local, or exempted village school district whose	51194
territory is part of the territory of the joint vocational	51195
district.	51196

The following categories of students shall not be included in	51197
the determination made under division (D)(1) of this section:	51198

(a) Students enrolled in adult education classes;

51199

(b) Adjacent or other district joint vocational students	51200
enrolled in the district under an open enrollment policy pursuant	51201
to section 3313.98 of the Revised Code;	51202

(c) Students receiving services in the district pursuant to a	51203
compact, cooperative education agreement, or a contract, but who	51204
are entitled to attend school in a city, local, or exempted	51205
village school district whose territory is not part of the	51206
territory of the joint vocational district;	51207

(d) Students for whom tuition is payable pursuant to sections	51208
3317.081 and 3323.141 of the Revised Code.	51209

(2) InTo enable the department of education to obtain the	51210
data needed to complete the calculation of payments pursuant to	51211
this chapter, in addition to the formula ADM, each superintendent	51212
shall report separately the average daily membership included in	51213
the report under division (D)(1) of this section for each of the	51214
following categories of students for the same week for which	51215
formula ADM is certified:	51216

(a) Students enrolled in each individual grade included in	51217
the joint vocational district schools;	51218

(b) Children with disabilities receiving special education	51219
services for the category one disability described in division	51220
~~(D)(1)~~(A) of section ~~3306.02~~3317.013 of the Revised Code;	51221

(c) Children with disabilities receiving special education	51222
services for the category two disabilities described in division	51223
~~(D)(2)~~(B) of section ~~3306.02~~3317.013 of the Revised Code;	51224

(d) Children with disabilities receiving special education	51225
services for category three disabilities described in division	51226
~~(D)(3)~~(C) of section ~~3306.02~~3317.013 of the Revised Code;	51227

(e) Children with disabilities receiving special education	51228
services for category four disabilities described in division	51229
(D)~~(4)~~ of section ~~3306.02~~3317.013 of the Revised Code;	51230

(f) Children with disabilities receiving special education	51231
services for the category five disabilities described in division	51232
~~(D)(5)~~(E) of section ~~3306.02~~3317.013 of the Revised Code;	51233

(g) Children with disabilities receiving special education	51234
services for category six disabilities described in division	51235
~~(D)(6)~~(F) of section ~~3306.02~~3317.013 of the Revised Code;	51236

(h) Students receiving category one vocational education	51237
services, described in division (A) of section 3317.014 of the	51238
Revised Code;	51239

(i) Students receiving category two vocational education	51240
services, described in division (B) of section 3317.014 of the	51241
Revised Code.	51242

The superintendent of each joint vocational school district	51243
shall also indicate the city, local, or exempted village school	51244
district in which each joint vocational district pupil is entitled	51245
to attend school pursuant to section 3313.64 or 3313.65 of the	51246
Revised Code.	51247

(E) In each school of each city, local, exempted village,	51248
joint vocational, and cooperative education school district there	51249
shall be maintained a record of school membership, which record	51250
shall accurately show, for each day the school is in session, the	51251
actual membership enrolled in regular day classes. For the purpose	51252
of determining average daily membership, the membership figure of	51253
any school shall not include any pupils except those pupils	51254
described by division (A) of this section. The record of	51255
membership for each school shall be maintained in such manner that	51256
no pupil shall be counted as in membership prior to the actual	51257
date of entry in the school and also in such manner that where for	51258
any cause a pupil permanently withdraws from the school that pupil	51259
shall not be counted as in membership from and after the date of	51260
such withdrawal. There shall not be included in the membership of	51261
any school any of the following:	51262

(1) Any pupil who has graduated from the twelfth grade of a	51263
public or nonpublic high school;	51264

(2) Any pupil who is not a resident of the state;

51265

(3) Any pupil who was enrolled in the schools of the district	51266
during the previous school year when assessments were administered	51267
under section 3301.0711 of the Revised Code but did not take one	51268
or more of the assessments required by that section and was not	51269
excused pursuant to division (C)(1) or (3) of that section;	51270

(4) Any pupil who has attained the age of twenty-two years,	51271
except for veterans of the armed services whose attendance was	51272
interrupted before completing the recognized twelve-year course of	51273
the public schools by reason of induction or enlistment in the	51274
armed forces and who apply for reenrollment in the public school	51275
system of their residence not later than four years after	51276
termination of war or their honorable discharge.	51277

If, however, any veteran described by division (E)(4) of this	51278
section elects to enroll in special courses organized for veterans	51279
for whom tuition is paid under the provisions of federal laws, or	51280
otherwise, that veteran shall not be included in average daily	51281
membership.	51282

Notwithstanding division (E)(3) of this section, the	51283
membership of any school may include a pupil who did not take an	51284
assessment required by section 3301.0711 of the Revised Code if	51285
the superintendent of public instruction grants a waiver from the	51286
requirement to take the assessment to the specific pupil and a	51287
parent is not paying tuition for the pupil pursuant to section	51288
3313.6410 of the Revised Code. The superintendent may grant such a	51289
waiver only for good cause in accordance with rules adopted by the	51290
state board of education.	51291

Except as provided in divisions (B)(2) and (F) of this	51292
section, the average daily membership figure of any local, city,	51293
exempted village, or joint vocational school district shall be	51294
determined by dividing the figure representing the sum of the	51295
number of pupils enrolled during each day the school of attendance	51296
is actually open for instruction during the week for which the	51297
average daily membership is being certified by the total number of	51298
days the school was actually open for instruction during that	51299
week. For purposes of state funding, "enrolled" persons are only	51300
those pupils who are attending school, those who have attended	51301
school during the current school year and are absent for	51302
authorized reasons, and those children with disabilities currently	51303
receiving home instruction.	51304

The average daily membership figure of any cooperative	51305
education school district shall be determined in accordance with	51306
rules adopted by the state board of education.	51307

(F)(1) If the formula ADM for the first full school week in	51308
February is at least three per cent greater than that certified	51309
for the first full school week in the preceding October, the	51310
superintendent of schools of any city, exempted village, or joint	51311
vocational school district or educational service center shall	51312
certify such increase to the superintendent of public instruction.	51313
Such certification shall be submitted no later than the fifteenth	51314
day of February. For the balance of the fiscal year, beginning	51315
with the February payments, the superintendent of public	51316
instruction shall use the increased formula ADM in calculating or	51317
recalculating the amounts to be allocated in accordance with	51318
section 3317.022 or 3317.16 of the Revised Code. In no event shall	51319
the superintendent use an increased membership certified to the	51320
superintendent after the fifteenth day of February. Division	51321
(F)(1) of this section does not apply after fiscal year 2006.	51322

(2) If on the first school day of April the total number of	51323
classes or units for preschool children with disabilities that are	51324
eligible for approval under division (B) of section 3317.05 of the	51325
Revised Code exceeds the number of units that have been approved	51326
for the year under that division, the superintendent of schools of	51327
any city, exempted village, or cooperative education school	51328
district or educational service center shall make the	51329
certifications required by this section for that day. If the	51330
department determines additional units can be approved for the	51331
fiscal year within any limitations set forth in the acts	51332
appropriating moneys for the funding of such units, the department	51333
shall approve additional units for the fiscal year on the basis of	51334
such average daily membership. For each unit so approved, the	51335
department shall pay an amount computed in the manner prescribed	51336
in section 3317.052 or 3317.19 and section 3317.053 of the Revised	51337
Code.	51338

(3) If a student attending a community school under Chapter	51339
3314. or a science, technology, engineering, and mathematics	51340
school established under Chapter 3326. of the Revised Code is not	51341
included in the formula ADM certified for the school district in	51342
which the student is entitled to attend school under section	51343
3313.64 or 3313.65 of the Revised Code, the department of	51344
education shall adjust the formula ADM of that school district to	51345
include the student in accordance with division (C)(2) of this	51346
section, and shall recalculate the school district's payments	51347
under this chapter ~~and Chapter 3306. of the Revised Code~~ for the	51348
entire fiscal year on the basis of that adjusted formula ADM. This	51349
requirement applies regardless of whether the student was	51350
enrolled, as defined in division (E) of this section, in the	51351
community school or the science, technology, engineering, and	51352
mathematics school during the week for which the formula ADM is	51353
being certified.	51354

(4) If a student awarded an educational choice scholarship is	51355
not included in the formula ADM of the school district from which	51356
the department deducts funds for the scholarship under section	51357
3310.08 of the Revised Code, the department shall adjust the	51358
formula ADM of that school district to include the student to the	51359
extent necessary to account for the deduction, and shall	51360
recalculate the school district's payments under this chapter ~~and~~	51361
~~Chapter 3306. of the Revised Code~~ for the entire fiscal year on	51362
the basis of that adjusted formula ADM. This requirement applies	51363
regardless of whether the student was enrolled, as defined in	51364
division (E) of this section, in the chartered nonpublic school,	51365
the school district, or a community school during the week for	51366
which the formula ADM is being certified.	51367

(G)(1)(a) The superintendent of an institution operating a	51368
special education program pursuant to section 3323.091 of the	51369
Revised Code shall, for the programs under such superintendent's	51370
supervision, certify to the state board of education, in the	51371
manner prescribed by the superintendent of public instruction,	51372
both of the following:	51373

(i) The average daily membership of all children with	51374
disabilities other than preschool children with disabilities	51375
receiving services at the institution for each category of	51376
disability described in divisions ~~(D)(1) to (6)~~(A) to (F) of	51377
section ~~3306.02~~3317.013 of the Revised Code;	51378

(ii) The average daily membership of all preschool children	51379
with disabilities in classes or programs approved annually by the	51380
department of education for unit funding under section 3317.05 of	51381
the Revised Code.	51382

(b) The superintendent of an institution with vocational	51383
education units approved under division (A) of section 3317.05 of	51384
the Revised Code shall, for the units under the superintendent's	51385
supervision, certify to the state board of education the average	51386
daily membership in those units, in the manner prescribed by the	51387
superintendent of public instruction.	51388

(2) The superintendent of each county DD board that maintains	51389
special education classes under section 3317.20 of the Revised	51390
Code or units approved pursuant to section 3317.05 of the Revised	51391
Code shall do both of the following:	51392

(a) Certify to the state board, in the manner prescribed by	51393
the board, the average daily membership in classes under section	51394
3317.20 of the Revised Code for each school district that has	51395
placed children in the classes;	51396

(b) Certify to the state board, in the manner prescribed by	51397
the board, the number of all preschool children with disabilities	51398
enrolled as of the first day of December in classes eligible for	51399
approval under division (B) of section 3317.05 of the Revised	51400
Code, and the number of those classes.	51401

(3)(a) If on the first school day of April the number of	51402
classes or units maintained for preschool children with	51403
disabilities by the county DD board that are eligible for approval	51404
under division (B) of section 3317.05 of the Revised Code is	51405
greater than the number of units approved for the year under that	51406
division, the superintendent shall make the certification required	51407
by this section for that day.	51408

(b) If the department determines that additional classes or	51409
units can be approved for the fiscal year within any limitations	51410
set forth in the acts appropriating moneys for the funding of the	51411
classes and units described in division (G)(3)(a) of this section,	51412
the department shall approve and fund additional units for the	51413
fiscal year on the basis of such average daily membership. For	51414
each unit so approved, the department shall pay an amount computed	51415
in the manner prescribed in sections 3317.052 and 3317.053 of the	51416
Revised Code.	51417

(H) Except as provided in division (I) of this section, when	51418
any city, local, or exempted village school district provides	51419
instruction for a nonresident pupil whose attendance is	51420
unauthorized attendance as defined in section 3327.06 of the	51421
Revised Code, that pupil's membership shall not be included in	51422
that district's membership figure used in the calculation of that	51423
district's formula ADM or included in the determination of any	51424
unit approved for the district under section 3317.05 of the	51425
Revised Code. The reporting official shall report separately the	51426
average daily membership of all pupils whose attendance in the	51427
district is unauthorized attendance, and the membership of each	51428
such pupil shall be credited to the school district in which the	51429
pupil is entitled to attend school under division (B) of section	51430
3313.64 or section 3313.65 of the Revised Code as determined by	51431
the department of education.	51432

(I)(1) A city, local, exempted village, or joint vocational	51433
school district admitting a scholarship student of a pilot project	51434
district pursuant to division (C) of section 3313.976 of the	51435
Revised Code may count such student in its average daily	51436
membership.	51437

(2) In any year for which funds are appropriated for pilot	51438
project scholarship programs, a school district implementing a	51439
state-sponsored pilot project scholarship program that year	51440
pursuant to sections 3313.974 to 3313.979 of the Revised Code may	51441
count in average daily membership:	51442

(a) All children residing in the district and utilizing a	51443
scholarship to attend kindergarten in any alternative school, as	51444
defined in section 3313.974 of the Revised Code;	51445

(b) All children who were enrolled in the district in the	51446
preceding year who are utilizing a scholarship to attend ~~any such~~	51447
an alternative school.	51448

(J) The superintendent of each cooperative education school	51449
district shall certify to the superintendent of public	51450
instruction, in a manner prescribed by the state board of	51451
education, the applicable average daily memberships for all	51452
students in the cooperative education district, also indicating	51453
the city, local, or exempted village district where each pupil is	51454
entitled to attend school under section 3313.64 or 3313.65 of the	51455
Revised Code.	51456

(K) If the superintendent of public instruction determines	51457
that a component of the average daily membership certified or	51458
reported by a district superintendent, or other reporting entity,	51459
is not correct, the superintendent of public instruction may order	51460
that the formula ADM used for the purposes of payments under any	51461
section of Title XXXIII of the Revised Code be adjusted in the	51462
amount of the error.	51463

Sec. 3317.031. A membership record shall be kept by grade	51464
level in each city, local, exempted village, joint vocational, and	51465
cooperative education school district and such a record shall be	51466
kept by grade level in each educational service center that	51467
provides academic instruction to pupils, classes for pupils with	51468
disabilities, or any other direct instructional services to	51469
pupils. Such membership record shall show the following	51470
information for each pupil enrolled: Name, date of birth, name of	51471
parent, date entered school, date withdrawn from school, days	51472
present, days absent, and the number of days school was open for	51473
instruction while the pupil was enrolled. At the end of the school	51474
year this membership record shall show the total days present, the	51475
total days absent, and the total days due for all pupils in each	51476
grade. Such membership record shall show the pupils that are	51477
transported to and from school and it shall also show the pupils	51478
that are transported living within one mile of the school	51479
attended. This membership record shall also show any other	51480
information prescribed by the state board of education.	51481

This membership record shall be kept intact for at least five	51482
years and shall be made available to the state board of education	51483
or its representative in making an audit of the average daily	51484
membership or the transportation of the district or educational	51485
service center. ~~The membership records of local school districts~~	51486
~~shall be filed at the close of each school year in the office of~~	51487
~~the educational service center superintendent.~~	51488

The state board of education may withhold any money due any	51489
school district or educational service center under this chapter	51490
~~and Chapter 3306. of the Revised Code~~ until it has satisfactory	51491
evidence that the board of education or educational service center	51492
governing board has fully complied with all of the provisions of	51493
this section.	51494

Nothing in this section shall require any person to release,	51495
or to permit access to, public school records in violation of	51496
section 3319.321 of the Revised Code.	51497

Sec. 3317.05. (A) For the purpose of calculating payments	51498
under sections 3317.052 and 3317.053 of the Revised Code, the	51499
department of education shall determine for each institution, by	51500
the last day of January of each year and based on information	51501
certified under section 3317.03 of the Revised Code, the number of	51502
vocational education units or fractions of units approved by the	51503
department on the basis of standards and rules adopted by the	51504
state board of education. As used in this division, "institution"	51505
means an institution operated by a department specified in section	51506
3323.091 of the Revised Code and that provides vocational	51507
education programs under the supervision of the division of	51508
vocational education of the department that meet the standards and	51509
rules for these programs, including licensure of professional	51510
staff involved in the programs, as established by the state board.	51511

(B) For the purpose of calculating payments under sections	51512
3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the	51513
department shall determine, based on information certified under	51514
section 3317.03 of the Revised Code, the following by the last day	51515
of January of each year for each educational service center, for	51516
each school district, including each cooperative education school	51517
district, for each institution eligible for payment under section	51518
3323.091 of the Revised Code, and for each county DD board: the	51519
number of classes operated by the school district, service center,	51520
institution, or county DD board for preschool children with	51521
disabilities, or fraction thereof, including in the case of a	51522
district or service center that is a funding agent, classes taught	51523
by a licensed teacher employed by that district or service center	51524
under section 3313.841 of the Revised Code, approved annually by	51525
the department on the basis of standards and rules adopted by the	51526
state board.	51527

(C) For the purpose of calculating payments under sections	51528
3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the	51529
department shall determine, based on information certified under	51530
section 3317.03 of the Revised Code, the following by the last day	51531
of January of each year for each school district, including each	51532
cooperative education school district, for each institution	51533
eligible for payment under section 3323.091 of the Revised Code,	51534
and for each county DD board: the number of units for related	51535
services, as defined in section 3323.01 of the Revised Code, for	51536
preschool children with disabilities approved annually by the	51537
department on the basis of standards and rules adopted by the	51538
state board.	51539

(D) All of the arithmetical calculations made under this	51540
section shall be carried to the second decimal place. The total	51541
number of units for school districts, service centers, and	51542
institutions approved annually under this section shall not exceed	51543
the number of units included in the estimate of cost for these	51544
units and appropriations made for them by the general assembly.	51545

In the case of units for preschool children with disabilities	51546
described in division (B) of this section, the department shall	51547
approve only preschool units for children who are under age six on	51548
the thirtieth day of September of the academic year, or on the	51549
first day of August of the academic year if the school district in	51550
which the child is enrolled has adopted a resolution under	51551
division (A)(3) of section 3321.01 of the Revised Code, but not	51552
less than age three on the first day of December of the academic	51553
year, except that such a unit may include one or more children who	51554
are under age three or are age six or over on the applicable date,	51555
as reported under division (B)(2) or (G)(2)(b) of section 3317.03	51556
of the Revised Code, if such children have been admitted to the	51557
unit pursuant to rules of the state board. The number of units for	51558
county DD boards and institutions eligible for payment under	51559
section 3323.091 of the Revised Code approved under this section	51560
shall not exceed the number that can be funded with appropriations	51561
made for such purposes by the general assembly.	51562

No unit shall be approved under divisions (B) and (C) of this	51563
section unless a plan has been submitted and approved under	51564
Chapter 3323. of the Revised Code.	51565

~~(E) The department shall approve units or fractions thereof~~	51566
~~for gifted children on the basis of standards and rules adopted by~~	51567
~~the state board.~~	51568

Sec. 3317.051. ~~(A)(1) Notwithstanding sections 3317.05 and~~	51569
~~3317.11 of the Revised Code, a unit funded pursuant to division~~	51570
~~(L) of section 3317.024 or division (A)(2) of section 3317.052 of~~	51571
~~the Revised Code shall not be approved for state funding in one~~	51572
~~school district, including any cooperative education school~~	51573
~~district or any educational service center, to the extent that~~	51574
~~such unit provides programs in or services to another district~~	51575
~~which receives payment pursuant to section 3317.04 of the Revised~~	51576
~~Code.~~	51577

~~(2)~~ Any city, local, exempted village, or cooperative	51578
education school district or any educational service center may	51579
combine partial unit eligibility for programs for preschool	51580
children with disabilities pursuant to section 3317.05 of the	51581
Revised Code, and such combined partial units may be approved for	51582
state funding in one school district or service center.	51583

~~(B) After units have been initially approved for any fiscal~~	51584
~~year under section 3317.05 of the Revised Code, no unit shall be~~	51585
~~subsequently transferred from a school district or educational~~	51586
~~service center to another city, exempted village, local, or~~	51587
~~cooperative education school district or educational service~~	51588
~~center or to an institution or county DD board solely for the~~	51589
~~purpose of reducing the financial obligations of the school~~	51590
~~district in a fiscal year it receives payment pursuant to section~~	51591
~~3317.04 of the Revised Code.~~	51592

Sec. 3317.053. (A) As used in this section:

51593

(1) "State share percentage" has the same meaning as in	51594
section 3317.022 of the Revised Code.	51595

(2) "Dollar amount" means the amount shown in the following	51596
table for the corresponding type of unit:	51597

TYPE OF UNIT	DOLLAR AMOUNT	51598
Division (B) of section 3317.05		51599
of the Revised Code	$8,334	51600
Division (C) of that section	$3,234	51601
~~Division (E) of that section~~	~~$5,550~~	51602

(3) "Average unit amount" means the amount shown in the	51603
following table for the corresponding type of unit:	51604

TYPE OF UNIT	AVERAGE UNIT AMOUNT	51605
Division (B) of section 3317.05		51606
of the Revised Code	$7,799	51607
Division (C) of that section	$2,966	51608
~~Division (E) of that section~~	~~$5,251~~	51609

(B) In the case of each unit described in division (B),or	51610
(C)~~, or (E)~~ of section 3317.05 of the Revised Code and allocated	51611
to a city, local, or exempted village school district, the	51612
department of education, in addition to the amounts specified in	51613
~~division (L) of section 3317.024 and~~ sections 3317.052 and 3317.19	51614
of the Revised Code, shall pay a supplemental unit allowance equal	51615
to the sum of the following amounts:	51616

(1) An amount equal to 50% of the average unit amount for the	51617
unit;	51618

(2) An amount equal to the percentage of the dollar amount	51619
for the unit that equals the district's state share percentage.	51620

If, prior to the fifteenth day of May of a fiscal year, a	51621
school district's aid computed under section 3317.022 of the	51622
Revised Code is recomputed pursuant to section 3317.027 or	51623
3317.028 of the Revised Code, the department shall also recompute	51624
the district's entitlement to payment under this section utilizing	51625
a new state share percentage. Such new state share percentage	51626
shall be determined using the district's recomputed basic aid	51627
amount pursuant to section 3317.027 or 3317.028 of the Revised	51628
Code. During the last six months of the fiscal year, the	51629
department shall pay the district a sum equal to one-half of the	51630
recomputed payment in lieu of one-half the payment otherwise	51631
calculated under this section.	51632

(C)(1) In the case of each unit allocated to an institution	51633
pursuant to division (A) of section 3317.05 of the Revised Code,	51634
the department, in addition to the amount specified in section	51635
3317.052 of the Revised Code, shall pay a supplemental unit	51636
allowance of $7,227.	51637

(2) In the case of each unit described in division (B) of	51638
section 3317.05 of the Revised Code that is allocated to any	51639
entity other than a city, exempted village, or local school	51640
district, the department, in addition to the amount specified in	51641
section 3317.052 of the Revised Code, shall pay a supplemental	51642
unit allowance of $7,799.	51643

(3) In the case of each unit described in division (C) of	51644
section 3317.05 of the Revised Code and allocated to any entity	51645
other than a city, exempted village, or local school district, the	51646
department, in addition to the amounts specified in section	51647
3317.052 of the Revised Code, shall pay a supplemental unit	51648
allowance of $2,966.	51649

~~(4) In the case of each unit described in division (E) of~~	51650
~~section 3317.05 of the Revised Code and allocated to an~~	51651
~~educational service center, the department, in addition to the~~	51652
~~amounts specified in division (L) of section 3317.024 of the~~	51653
~~Revised Code, shall pay a supplemental unit allowance of $5,251.~~	51654

Sec. 3317.06. Moneys paid to school districts under division	51655
~~(I)~~(E) of section 3317.024 of the Revised Code shall be used for	51656
the following independent and fully severable purposes:	51657

(A) To purchase such secular textbooks or electronic	51658
textbooks as have been approved by the superintendent of public	51659
instruction for use in public schools in the state and to loan	51660
such textbooks or electronic textbooks to pupils attending	51661
nonpublic schools within the district or to their parents and to	51662
hire clerical personnel to administer such lending program. Such	51663
loans shall be based upon individual requests submitted by such	51664
nonpublic school pupils or parents. Such requests shall be	51665
submitted to the school district in which the nonpublic school is	51666
located. Such individual requests for the loan of textbooks or	51667
electronic textbooks shall, for administrative convenience, be	51668
submitted by the nonpublic school pupil or the pupil's parent to	51669
the nonpublic school, which shall prepare and submit collective	51670
summaries of the individual requests to the school district. As	51671
used in this section:	51672

(1) "Textbook" means any book or book substitute that a pupil	51673
uses as a consumable or nonconsumable text, text substitute, or	51674
text supplement in a particular class or program in the school the	51675
pupil regularly attends.	51676

(2) "Electronic textbook" means ~~computer software,~~	51677
~~interactive videodisc, magnetic media, CD-ROM, computer~~	51678
~~courseware, local and remote computer assisted instruction,~~	51679
~~on-line service, electronic medium, or other means of conveying~~	51680
~~information to the student or otherwise contributing~~any book or	51681
book substitute that a student accesses through the use of a	51682
computer or other electronic medium or that is available through	51683
an internet-based provider of course content, or any other	51684
material that contributes to the learning process through	51685
electronic means.	51686

(B) To provide speech and hearing diagnostic services to	51687
pupils attending nonpublic schools within the district. Such	51688
service shall be provided in the nonpublic school attended by the	51689
pupil receiving the service.	51690

(C) To provide physician, nursing, dental, and optometric	51691
services to pupils attending nonpublic schools within the	51692
district. Such services shall be provided in the school attended	51693
by the nonpublic school pupil receiving the service.	51694

(D) To provide diagnostic psychological services to pupils	51695
attending nonpublic schools within the district. Such services	51696
shall be provided in the school attended by the pupil receiving	51697
the service.	51698

(E) To provide therapeutic psychological and speech and	51699
hearing services to pupils attending nonpublic schools within the	51700
district. Such services shall be provided in the public school, in	51701
nonpublic schools, in public centers, or in mobile units located	51702
on or off of the nonpublic premises. If such services are provided	51703
in the public school or in public centers, transportation to and	51704
from such facilities shall be provided by the school district in	51705
which the nonpublic school is located.	51706

(F) To provide guidance, counseling, and social work services	51707
to pupils attending nonpublic schools within the district. Such	51708
services shall be provided in the public school, in nonpublic	51709
schools, in public centers, or in mobile units located on or off	51710
of the nonpublic premises. If such services are provided in the	51711
public school or in public centers, transportation to and from	51712
such facilities shall be provided by the school district in which	51713
the nonpublic school is located.	51714

(G) To provide remedial services to pupils attending	51715
nonpublic schools within the district. Such services shall be	51716
provided in the public school, in nonpublic schools, in public	51717
centers, or in mobile units located on or off of the nonpublic	51718
premises. If such services are provided in the public school or in	51719
public centers, transportation to and from such facilities shall	51720
be provided by the school district in which the nonpublic school	51721
is located.	51722

(H) To supply for use by pupils attending nonpublic schools	51723
within the district such standardized tests and scoring services	51724
as are in use in the public schools of the state;	51725

(I) To provide programs for children who attend nonpublic	51726
schools within the district and are children with disabilities as	51727
defined in section 3323.01 of the Revised Code or gifted children.	51728
Such programs shall be provided in the public school, in nonpublic	51729
schools, in public centers, or in mobile units located on or off	51730
of the nonpublic premises. If such programs are provided in the	51731
public school or in public centers, transportation to and from	51732
such facilities shall be provided by the school district in which	51733
the nonpublic school is located.	51734

(J) To hire clerical personnel to assist in the	51735
administration of programs pursuant to divisions (B), (C), (D),	51736
(E), (F), (G), and (I) of this section and to hire supervisory	51737
personnel to supervise the providing of services and textbooks	51738
pursuant to this section.	51739

(K) To purchase or lease any secular, neutral, and	51740
nonideological computer application software ~~(including~~designed	51741
to assist students in performing a single task or multiple related	51742
tasks, device management software, learning management software,	51743
site-licensing), ~~prerecorded video laserdiscs,~~ digital video on	51744
demand (DVD), ~~compact discs, and video cassette cartridges,~~ wide	51745
area connectivity and related technology as it relates to internet	51746
access, mathematics or science equipment and materials,	51747
instructional materials, and school library materials that are in	51748
general use in the public schools of the state and loan such items	51749
to pupils attending nonpublic schools within the district or to	51750
their parents, and to hire clerical personnel to administer the	51751
lending program. Only such items that are incapable of diversion	51752
to religious use and that are susceptible of loan to individual	51753
pupils and are furnished for the use of individual pupils shall be	51754
purchased and loaned under this division. As used in this section,	51755
"instructional materials" means prepared learning materials that	51756
are secular, neutral, and nonideological in character and are of	51757
benefit to the instruction of school children, and may include	51758
educational resources and services developed by the eTech Ohio	51759
commission.	51760

(L) To purchase or lease instructional equipment, including	51761
computer hardware and related equipment in general use in the	51762
public schools of the state, for use by pupils attending nonpublic	51763
schools within the district and to loan such items to pupils	51764
attending nonpublic schools within the district or to their	51765
parents, and to hire clerical personnel to administer the lending	51766
program. "Computer hardware and related equipment" includes	51767
desktop computers and workstations; laptop computers, computer	51768
tablets, and other mobile handheld devices; and their operating	51769
systems and accessories.	51770

(M) To purchase mobile units to be used for the provision of	51771
services pursuant to divisions (E), (F), (G), and (I) of this	51772
section and to pay for necessary repairs and operating costs	51773
associated with these units.	51774

(N) To reimburse costs the district incurred to store the	51775
records of a chartered nonpublic school that closes.	51776
Reimbursements under this division shall be made one time only for	51777
each chartered nonpublic school that closes.	51778

Clerical and supervisory personnel hired pursuant to division	51779
(J) of this section shall perform their services in the public	51780
schools, in nonpublic schools, public centers, or mobile units	51781
where the services are provided to the nonpublic school pupil,	51782
except that such personnel may accompany pupils to and from the	51783
service sites when necessary to ensure the safety of the children	51784
receiving the services.	51785

All services provided pursuant to this section may be	51786
provided under contract with educational service centers, the	51787
department of health, city or general health districts, or private	51788
agencies whose personnel are properly licensed by an appropriate	51789
state board or agency.	51790

Transportation of pupils provided pursuant to divisions (E),	51791
(F), (G), and (I) of this section shall be provided by the school	51792
district from its general funds and not from moneys paid to it	51793
under division ~~(I)~~(E) of section 3317.024 of the Revised Code	51794
unless a special transportation request is submitted by the parent	51795
of the child receiving service pursuant to such divisions. If such	51796
an application is presented to the school district, it may pay for	51797
the transportation from moneys paid to it under division ~~(I)~~(E) of	51798
section 3317.024 of the Revised Code.	51799

No school district shall provide health or remedial services	51800
to nonpublic school pupils as authorized by this section unless	51801
such services are available to pupils attending the public schools	51802
within the district.	51803

Materials, equipment, computer hardware or software,	51804
textbooks, electronic textbooks, and health and remedial services	51805
provided for the benefit of nonpublic school pupils pursuant to	51806
this section and the admission of pupils to such nonpublic schools	51807
shall be provided without distinction as to race, creed, color, or	51808
national origin of such pupils or of their teachers.	51809

No school district shall provide services, materials, or	51810
equipment that contain religious content for use in religious	51811
courses, devotional exercises, religious training, or any other	51812
religious activity.	51813

As used in this section, "parent" includes a person standing	51814
in loco parentis to a child.	51815

Notwithstanding section 3317.01 of the Revised Code, payments	51816
shall be made under this section to any city, local, or exempted	51817
village school district within which is located one or more	51818
nonpublic elementary or high schools and any payments made to	51819
school districts under division ~~(I)~~(E) of section 3317.024 of the	51820
Revised Code for purposes of this section may be disbursed without	51821
submission to and approval of the controlling board.	51822

The allocation of payments for materials, equipment,	51823
textbooks, electronic textbooks, health services, and remedial	51824
services to city, local, and exempted village school districts	51825
shall be on the basis of the state board of education's estimated	51826
annual average daily membership in nonpublic elementary and high	51827
schools located in the district.	51828

Payments made to city, local, and exempted village school	51829
districts under this section shall be equal to specific	51830
appropriations made for the purpose. All interest earned by a	51831
school district on such payments shall be used by the district for	51832
the same purposes and in the same manner as the payments may be	51833
used.	51834

The department of education shall adopt guidelines and	51835
procedures under which such programs and services shall be	51836
provided, under which districts shall be reimbursed for	51837
administrative costs incurred in providing such programs and	51838
services, and under which any unexpended balance of the amounts	51839
appropriated by the general assembly to implement this section may	51840
be transferred to the auxiliary services personnel unemployment	51841
compensation fund established pursuant to section 4141.47 of the	51842
Revised Code. The department shall also adopt guidelines and	51843
procedures limiting the purchase and loan of the items described	51844
in division (K) of this section to items that are in general use	51845
in the public schools of the state, that are incapable of	51846
diversion to religious use, and that are susceptible to individual	51847
use rather than classroom use. Within thirty days after the end of	51848
each biennium, each board of education shall remit to the	51849
department all moneys paid to it under division ~~(I)~~(E) of section	51850
3317.024 of the Revised Code and any interest earned on those	51851
moneys that are not required to pay expenses incurred under this	51852
section during the biennium for which the money was appropriated	51853
and during which the interest was earned. If a board of education	51854
subsequently determines that the remittal of moneys leaves the	51855
board with insufficient money to pay all valid expenses incurred	51856
under this section during the biennium for which the remitted	51857
money was appropriated, the board may apply to the department of	51858
education for a refund of money, not to exceed the amount of the	51859
insufficiency. If the department determines the expenses were	51860
lawfully incurred and would have been lawful expenditures of the	51861
refunded money, it shall certify its determination and the amount	51862
of the refund to be made to the director of job and family	51863
services who shall make a refund as provided in section 4141.47 of	51864
the Revised Code.	51865

Each school district shall label materials, equipment,	51866
computer hardware or software, textbooks, and electronic textbooks	51867
purchased or leased for loan to a nonpublic school under this	51868
section, acknowledging that they were purchased or leased with	51869
state funds under this section. However, a district need not label	51870
materials, equipment, computer hardware or software, textbooks, or	51871
electronic textbooks that the district determines are consumable	51872
in nature or have a value of less than two hundred dollars.	51873

Sec. 3317.061. The superintendent of each school district,	51874
including each cooperative education and joint vocational school	51875
district and the superintendent of each educational service	51876
center, shall, on forms prescribed and furnished by the state	51877
board of education, certify to the state board of education, on or	51878
before the fifteenth day of October of each year, the name of each	51879
licensed employee employed, on an annual salary, in each school	51880
under such superintendent's supervision during the first full	51881
school week of said month of October, the number of years of	51882
recognized college training such licensed employee has completed,	51883
the college degrees from a recognized college earned by such	51884
licensed employee, the type of teaching license held by such	51885
licensed employee, the number of months such licensed employee is	51886
employed in the school district, the annual salary of such	51887
licensed employee, and such other information as the state board	51888
of education may request. For the purposes of ~~Chapters 3306. and~~	51889
Chapter 3317. of the Revised Code, a licensed employee is any	51890
employee in a position that requires a license issued pursuant to	51891
sections 3319.22 to 3319.31 of the Revised Code.	51892

Pursuant to standards adopted by the state board of	51893
education, experience of vocational teachers in trade and industry	51894
shall be recognized by such board for the purpose of complying	51895
with the requirements of recognized college training provided by	51896
~~Chapters 3306. and~~Chapter 3317. of the Revised Code.	51897

Sec. 3317.07. ~~The state board of education shall establish~~	51898
~~rules for the purpose of distributing subsidies for the purchase~~	51899
~~of school buses under division (D) of section 3317.024 of the~~	51900
~~Revised Code.~~	51901

~~No school bus subsidy payments shall be paid to any district~~	51902
~~unless such district can demonstrate that pupils residing more~~	51903
~~than one mile from the school could not be transported without~~	51904
~~such additional aid.~~	51905

~~The amount paid to a county DD board for buses purchased for~~	51906
~~transportation of children in special education programs operated~~	51907
~~by the board shall be based on a per pupil allocation for eligible~~	51908
~~students.~~	51909

~~The amount paid to a school district for buses purchased for~~	51910
~~transportation of pupils with disabilities and nonpublic school~~	51911
~~pupils shall be determined by a per pupil allocation based on the~~	51912
~~number of special education and nonpublic school pupils for whom~~	51913
~~transportation is provided.~~	51914

~~The state board of education shall adopt a formula to~~	51915
~~determine the amount of payments that shall be distributed to~~	51916
~~school districts to purchase school buses for pupils other than~~	51917
~~pupils with disabilities or nonpublic school pupils.~~	51918

~~If any district or county DD board obtains bus services for~~	51919
~~pupil transportation pursuant to a contract, such district or~~	51920
~~board may use payments received under this section to defray the~~	51921
~~costs of contracting for bus services in lieu of for purchasing~~	51922
~~buses.~~	51923

If the department of education determines that a county DD	51924
board no longer needs a school bus because the board no longer	51925
transports children to a special education program operated by the	51926
board, or if the department determines that a school district no	51927
longer needs a school bus to transport pupils to a nonpublic	51928
school or special education program, the department may reassign a	51929
bus that was funded with payments provided pursuant to the version	51930
of this section in effect prior to the effective date of this	51931
amendment for the purpose of transporting such pupils. The	51932
department may reassign a bus to a county DD board or school	51933
district that transports children to a special education program	51934
designated in the children's individualized education plans, or to	51935
a school district that transports pupils to a nonpublic school,	51936
and needs an additional school bus.	51937

Sec. 3317.08. A board of education may admit to its schools	51938
a child it is not required by section 3313.64 or 3313.65 of the	51939
Revised Code to admit, if tuition is paid for the child.	51940

Unless otherwise provided by law, tuition shall be computed	51941
in accordance with this section. A district's tuition charge for a	51942
school year shall be one of the following:	51943

(A) For any child, except a preschool child with a disability	51944
described in division (B) of this section, the quotient obtained	51945
by dividing the sum of the amounts described in divisions (A)(1)	51946
and (2) of this section by the district's formula ADM.	51947

(1) The district's total taxes charged and payable for	51948
current expenses for the tax year preceding the tax year in which	51949
the school year begins as certified under division (A)(3) of	51950
section 3317.021 of the Revised Code.	51951

(2) The district's total taxes collected for current expenses	51952
under a school district income tax adopted pursuant to section	51953
5748.03 or 5748.08 of the Revised Code that are disbursed to the	51954
district during the fiscal year, excluding any income tax receipts	51955
allocated for the project cost, debt service, or maintenance	51956
set-aside associated with a state-assisted classroom facilities	51957
project as authorized by section 3318.052 of the Revised Code. On	51958
or before the first day of June of each year, the tax commissioner	51959
shall certify the amount to be used in the calculation under this	51960
division for the next fiscal year to the department of education	51961
and the office of budget and management for each city, local, and	51962
exempted village school district that levies a school district	51963
income tax.	51964

(B) For any preschool child with a disability not included in	51965
a unit approved under division (B) of section 3317.05 of the	51966
Revised Code, an amount computed for the school year as follows:	51967

(1) For each type of special education service provided to	51968
the child for whom tuition is being calculated, determine the	51969
amount of the district's operating expenses in providing that type	51970
of service to all preschool children with disabilities not	51971
included in units approved under division (B) of section 3317.05	51972
of the Revised Code;	51973

(2) For each type of special education service for which	51974
operating expenses are determined under division (B)(1) of this	51975
section, determine the amount of such operating expenses that was	51976
paid from any state funds received under this chapter;	51977

(3) For each type of special education service for which	51978
operating expenses are determined under division (B)(1) of this	51979
section, divide the difference between the amount determined under	51980
division (B)(1) of this section and the amount determined under	51981
division (B)(2) of this section by the total number of preschool	51982
children with disabilities not included in units approved under	51983
division (B) of section 3317.05 of the Revised Code who received	51984
that type of service;	51985

(4) Determine the sum of the quotients obtained under	51986
division (B)(3) of this section for all types of special education	51987
services provided to the child for whom tuition is being	51988
calculated.	51989

The state board of education shall adopt rules defining the	51990
types of special education services and specifying the operating	51991
expenses to be used in the computation under this section.	51992

If any child for whom a tuition charge is computed under this	51993
section for any school year is enrolled in a district for only	51994
part of that school year, the amount of the district's tuition	51995
charge for the child for the school year shall be computed in	51996
proportion to the number of school days the child is enrolled in	51997
the district during the school year.	51998

Except as otherwise provided in division (J) of section	51999
3313.64 of the Revised Code, whenever a district admits a child to	52000
its schools for whom tuition computed in accordance with this	52001
section is an obligation of another school district, the amount of	52002
the tuition shall be certified by the treasurer of the board of	52003
education of the district of attendance, to the board of education	52004
of the district required to pay tuition for its approval and	52005
payment. If agreement as to the amount payable or the district	52006
required to pay the tuition cannot be reached, or the board of	52007
education of the district required to pay the tuition refuses to	52008
pay that amount, the board of education of the district of	52009
attendance shall notify the superintendent of public instruction.	52010
The superintendent shall determine the correct amount and the	52011
district required to pay the tuition and shall deduct that amount,	52012
if any, under division ~~(G)~~(D) of section 3317.023 of the Revised	52013
Code, from the district required to pay the tuition and add that	52014
amount to the amount allocated to the district attended under such	52015
division. The superintendent of public instruction shall send to	52016
the district required to pay the tuition an itemized statement	52017
showing such deductions at the time of such deduction.	52018

When a political subdivision owns and operates an airport,	52019
welfare, or correctional institution or other project or facility	52020
outside its corporate limits, the territory within which the	52021
facility is located is exempt from taxation by the school district	52022
within which such territory is located, and there are school age	52023
children residing within such territory, the political subdivision	52024
owning such tax exempt territory shall pay tuition to the district	52025
in which such children attend school. The tuition for these	52026
children shall be computed as provided for in this section.	52027

Sec. 3317.081. (A) Tuition shall be computed in accordance	52028
with this section if:	52029

(1) The tuition is required by division (C)(3)(b) of section	52030
3313.64 of the Revised Code; or	52031

(2) Neither the child nor the child's parent resides in this	52032
state and tuition is required by section 3327.06 of the Revised	52033
Code.	52034

(B) Tuition computed in accordance with this section shall	52035
equal the attendance district's tuition rate computed under	52036
section 3317.08 of the Revised Code plus the amount in state	52037
education aid that district would have received for the child	52038
~~pursuant to Chapter 3306. and sections 3317.023 and 3317.025 to~~	52039
~~3317.0211~~ of the Revised Code during the school year had the	52040
attendance district been authorized to count the child in its	52041
formula ADM for that school year under section 3317.03 of the	52042
Revised Code.	52043

Sec. 3317.082. As used in this section, "institution" means	52044
a residential facility that receives and cares for children	52045
maintained by the department of youth services and that operates a	52046
school chartered by the state board of education under section	52047
3301.16 of the Revised Code.	52048

(A) On or before the thirty-first day of each January and	52049
July, the superintendent of each institution that during the	52050
six-month period immediately preceding each January or July	52051
provided an elementary or secondary education for any child, other	52052
than a child receiving special education under section 3323.091 of	52053
the Revised Code, shall prepare and submit to the department of	52054
education, a statement for each such child indicating the child's	52055
name, any school district responsible to pay tuition for the child	52056
as determined by the superintendent in accordance with division	52057
(C)(2) or (3) of section 3313.64 of the Revised Code, and the	52058
period of time during that six-month period that the child	52059
received an elementary or secondary education. If any school	52060
district is responsible to pay tuition for any such child, the	52061
department of education, no later than the immediately succeeding	52062
last day of February or August, as applicable, shall calculate the	52063
amount of the tuition of the district under section 3317.08 of the	52064
Revised Code for the period of time indicated on the statement and	52065
do one of the following:	52066

(1) If the tuition amount is equal to or less than the ~~amount~~	52067
~~of state basic aid funds payable to the district under Chapter~~	52068
~~3306. and section 3317.023 of the Revised Code~~district's state	52069
education aid, pay to the institution submitting the statement an	52070
amount equal to the tuition amount, as provided under division	52071
~~(M)~~(G) of section 3317.024 of the Revised Code, and deduct the	52072
tuition amount from the state basic aid funds payable to the	52073
district, as provided under division ~~(F)~~(C)(2) of section 3317.023	52074
of the Revised Code;	52075

(2) If the tuition amount is greater than the ~~amount of state~~	52076
~~basic aid funds payable to the district under Chapter 3306. and~~	52077
~~section 3317.023 of the Revised Code~~district's state education	52078
aid, require the district to pay to the institution submitting the	52079
statement an amount equal to the tuition amount.	52080

(B) In the case of any disagreement about the school district	52081
responsible to pay tuition for a child pursuant to this section,	52082
the superintendent of public instruction shall make the	52083
determination in any such case in accordance with division (C)(2)	52084
or (3) of section 3313.64 of the Revised Code.	52085

Sec. 3317.09. All moneys distributed to a school district,	52086
including any cooperative education or joint vocational school	52087
district and all moneys distributed to any educational service	52088
center, by the state whether from a state or federal source, shall	52089
be accounted for by the division of school finance of the	52090
department of education. All moneys distributed shall be coded as	52091
to county, school district or educational service center, source,	52092
and other pertinent information, and at the end of each month, a	52093
report of such distribution shall be made by such division of	52094
school finance to each school district and educational service	52095
center. If any board of education fails to make the report	52096
required in section 3319.33 of the Revised Code, the	52097
superintendent of public instruction shall be without authority to	52098
distribute funds to that school district or educational service	52099
center ~~pursuant to sections 3317.022 to 3317.0211, 3317.11,~~	52100
~~3317.16, 3317.17, or 3317.19 of the Revised Code~~under this	52101
chapter until such time as the required reports are filed with all	52102
specified officers, boards, or agencies.	52103

Sec. 3317.11. (A) As used in this section:

52104

(1) "Client school district" means a city or exempted village	52105
school district that has entered into an agreement under section	52106
3313.843 of the Revised Code to receive any services from an	52107
educational service center.	52108

(2) "Service center ADM" means the sum of the total student	52109
counts of all local school districts within an educational service	52110
center's territory and all of the service center's client school	52111
districts.	52112

(3) "STEM school" means a science, technology, engineering,	52113
and mathematics school established under Chapter 3326. of the	52114
Revised Code.	52115

(4) "Total student count" has the same meaning as in section	52116
3301.011 of the Revised Code.	52117

(B)(1) The governing board of each educational service center	52118
shall provide supervisory services to each local school district	52119
within the service center's territory. Each city or exempted	52120
village school district that enters into an agreement under	52121
section 3313.843 of the Revised Code for a governing board to	52122
provide any services also is considered to be provided supervisory	52123
services by the governing board. Except as provided in division	52124
(B)(2) of this section, the supervisory services shall not exceed	52125
one supervisory teacher for the first fifty classroom teachers	52126
required to be employed in the districts, as calculated in the	52127
manner prescribed under former division (B) of section 3317.023	52128
of the Revised Code, as that division existed prior to the	52129
effective date of this amendment, and one for each additional one	52130
hundred required classroom teachers, as so calculated.	52131

The supervisory services shall be financed annually through	52132
supervisory units. Except as provided in division (B)(2) of this	52133
section, the number of supervisory units assigned to each district	52134
shall not exceed one unit for the first fifty classroom teachers	52135
required to be employed in the district, as calculated in the	52136
manner prescribed under former division (B) of section 3317.023	52137
of the Revised Code, as that division existed prior to the	52138
effective date of this amendment, and one for each additional one	52139
hundred required classroom teachers, as so calculated. The cost of	52140
each supervisory unit shall be the sum of:	52141

(a) The minimum salary prescribed by section 3317.13 of the	52142
Revised Code for the licensed supervisory employee of the	52143
governing board;	52144

(b) An amount equal to fifteen per cent of ~~the~~that salary	52145
~~prescribed by section 3317.13 of the Revised Code~~;	52146

(c) An allowance for necessary travel expenses, limited to	52147
the lesser of two hundred twenty-three dollars and sixteen cents	52148
per month or two thousand six hundred seventy-eight dollars per	52149
year.	52150

(2) If a majority of the boards of education, or	52151
superintendents acting on behalf of the boards, of the local and	52152
client school districts receiving services from the educational	52153
service center agree to receive additional supervisory services	52154
and to pay the cost of a corresponding number of supervisory units	52155
in excess of the services and units specified in division (B)(1)	52156
of this section, the service center shall provide the additional	52157
services as agreed to by the majority of districts to, and the	52158
department of education shall apportion the cost of the	52159
corresponding number of additional supervisory units pursuant to	52160
division (B)(3) of this section among, all of the service center's	52161
local and client school districts.	52162

(3) The department shall apportion the total cost for all	52163
supervisory units among the service center's local and client	52164
school districts based on each district's total student count. The	52165
department shall deduct each district's apportioned share pursuant	52166
to division ~~(E)~~(B) of section 3317.023 of the Revised Code and pay	52167
the apportioned share to the service center.	52168

(C) The department annually shall deduct from each local and	52169
client school district of each educational service center,	52170
pursuant to division ~~(E)~~(B) of section 3317.023 of the Revised	52171
Code, and pay to the service center an amount equal to six dollars	52172
and fifty cents times the school district's total student count.	52173
The board of education, or the superintendent acting on behalf of	52174
the board, of any local or client school district may agree to pay	52175
an amount in excess of six dollars and fifty cents per student in	52176
total student count. If a majority of the boards of education, or	52177
superintendents acting on behalf of the boards, of the local	52178
school districts within a service center's territory approve an	52179
amount in excess of six dollars and fifty cents per student in	52180
total student count, the department shall deduct the approved	52181
excess per student amount from all of the local school districts	52182
within the service center's territory and pay the excess amount to	52183
the service center.	52184

(D) The department shall pay each educational service center	52185
the amounts due to it from school districts pursuant to contracts,	52186
compacts, or agreements under which the service center furnishes	52187
services to the districts or their students. In order to receive	52188
payment under this division, an educational service center shall	52189
furnish either a copy of the contract, compact, or agreement	52190
clearly indicating the amounts of the payments, or a written	52191
statement that clearly indicates the payments owed and is signed	52192
by the superintendent or treasurer of the responsible school	52193
district. The amounts paid to service centers under this division	52194
shall be deducted from payments to school districts pursuant to	52195
division ~~(K)~~(H)(3) of section 3317.023 of the Revised Code.	52196

(E) Each school district's deduction under this section and	52197
divisions ~~(E)~~(B) and ~~(K)~~(H)(3) of section 3317.023 of the Revised	52198
Code shall be made from the total payment computed for the	52199
district under this chapter, after making any other adjustments in	52200
that payment required by law.	52201

(F)(1) Except as provided in division (F)(2) of this section,	52202
the department annually shall pay the governing board of each	52203
educational service center state funds equal to thirty-seven	52204
dollars times its service center ADM.	52205

(2) The department annually shall pay state funds equal to	52206
forty dollars and fifty-two cents times the service center ADM to	52207
each educational service center comprising territory that was	52208
included in the territory of at least three former service centers	52209
or county school districts, which former centers or districts	52210
engaged in one or more mergers under section 3311.053 of the	52211
Revised Code to form the present center.	52212

(G) Each city, exempted village, local, joint vocational, or	52213
cooperative education school district shall pay to the governing	52214
board of an educational service center any amounts agreed to for	52215
each child enrolled in the district who receives special education	52216
and related services or career-technical education from the	52217
educational service center, unless these educational services are	52218
provided pursuant to a contract, compact, or agreement for which	52219
the department deducts and transfers payments under division (D)	52220
of this section and division ~~(K)~~(H)(3) of section 3317.023 of the	52221
Revised Code.	52222

(H) The department annually shall pay the governing board of	52223
each educational service center that has entered into a contract	52224
with a STEM school for the provision of services described in	52225
division (B) of section 3326.45 of the Revised Code state funds	52226
equal to the per-pupil amount specified in the contract for the	52227
provision of those services times the number of students enrolled	52228
in the STEM school.	52229

(I) An educational service center:

52230

(1) May provide special education and career-technical	52231
education to students in its local or client school districts;	52232

(2) Is eligible for transportation funding under division	52233
~~(G)~~(C) of section 3317.024 of the Revised Code ~~and for state~~	52234
~~subsidies for the purchase of school buses under section 3317.07~~	52235
~~of the Revised Code~~;	52236

(3) May apply for and receive gifted education units and	52237
provide gifted education services to students in its local or	52238
client school districts;	52239

(4) May conduct driver education for high school students in	52240
accordance with Chapter 4508. of the Revised Code.	52241

Sec. 3317.12. Any board of education participating in funds	52242
distributed under ~~Chapters 3306. and~~Chapter 3317. of the Revised	52243
Code shall annually adopt a salary schedule for nonteaching school	52244
employees based upon training, experience, and qualifications with	52245
initial salaries no less than the salaries in effect on October	52246
13, 1967. Each board of education shall prepare and may amend from	52247
time to time, specifications descriptive of duties,	52248
responsibilities, requirements, and desirable qualifications of	52249
the classifications of employees required to perform the duties	52250
specified in the salary schedule. All nonteaching school employees	52251
are to be notified of the position classification to which they	52252
are assigned and the salary for the classification. The	52253
compensation of all employees working for a particular school	52254
board shall be uniform for like positions except as compensation	52255
would be affected by salary increments based upon length of	52256
service.	52257

On the fifteenth day of October each year the salary schedule	52258
and the list of job classifications and salaries in effect on that	52259
date shall be filed by each board of education with the	52260
superintendent of public instruction. If such salary schedule and	52261
classification plan is not filed the superintendent of public	52262
instruction shall order the board to file such schedules	52263
forthwith. If this condition is not corrected within ten days	52264
after receipt of the order from the superintendent of public	52265
instruction, no money shall be distributed to the district under	52266
~~Chapters 3306. and~~Chapter 3317. of the Revised Code until the	52267
superintendent has satisfactory evidence of the board of	52268
education's full compliance with such order.	52269

Sec. 3317.13. ~~(A)~~This section shall not apply after the	52270
2012-2013 school year.	52271

(A) As used in this section and section 3317.14 of the	52272
Revised Code:	52273

(1) "Years of service" includes the following:

52274

(a) All years of teaching service in the same school district	52275
or educational service center, regardless of training level, with	52276
each year consisting of at least one hundred twenty days under a	52277
teacher's contract;	52278

(b) All years of teaching service in a chartered, nonpublic	52279
school located in Ohio as a teacher licensed pursuant to section	52280
3319.22 of the Revised Code or in another public school,	52281
regardless of training level, with each year consisting of at	52282
least one hundred twenty days under a teacher's contract;	52283

(c) All years of teaching service in a chartered school or	52284
institution or a school or institution that subsequently became	52285
chartered or a chartered special education program or a special	52286
education program that subsequently became chartered operated by	52287
the state or by a subdivision or other local governmental unit of	52288
this state as a teacher licensed pursuant to section 3319.22 of	52289
the Revised Code, regardless of training level, with each year	52290
consisting of at least one hundred twenty days; and	52291

(d) All years of active military service in the armed forces	52292
of the United States, as defined in section 3307.75 of the Revised	52293
Code, to a maximum of five years. For purposes of this	52294
calculation, a partial year of active military service of eight	52295
continuous months or more in the armed forces shall be counted as	52296
a full year.	52297

(2) "Teacher" means all teachers employed by the board of	52298
education of any school district, including any cooperative	52299
education or joint vocational school district and all teachers	52300
employed by any educational service center governing board.	52301

(B) No teacher shall be paid a salary less than that provided	52302
in the schedule set forth in division (C) of this section. In	52303
calculating the minimum salary any teacher shall be paid pursuant	52304
to this section, years of service shall include the sum of all	52305
years of the teacher's teaching service included in divisions	52306
(A)(1)(a), (b), (c), and (d) of this section; except that any	52307
school district or educational service center employing a teacher	52308
new to the district or educational service center shall grant such	52309
teacher a total of not more than ten years of service pursuant to	52310
divisions (A)(1)(b), (c), and (d) of this section.	52311

Upon written complaint to the superintendent of public	52312
instruction that the board of education of a district or the	52313
governing board of an educational service center governing board	52314
has failed or refused to annually adopt a salary schedule or to	52315
pay salaries in accordance with the salary schedule set forth in	52316
division (C) of this section, the superintendent of public	52317
instruction shall cause to be made an immediate investigation of	52318
such complaint. If the superintendent finds that the conditions	52319
complained of exist, the superintendent shall order the board to	52320
correct such conditions within ten days from the date of the	52321
finding. No moneys shall be distributed to the district or	52322
educational service center under this chapter until the	52323
superintendent has satisfactory evidence of the board of	52324
education's full compliance with such order.	52325

Each teacher shall be fully credited with placement in the	52326
appropriate academic training level column in the district's or	52327
educational service center's salary schedule with years of service	52328
properly credited pursuant to this section or section 3317.14 of	52329
the Revised Code. No rule shall be adopted or exercised by any	52330
board of education or educational service center governing board	52331
which restricts the placement or the crediting of annual salary	52332
increments for any teacher according to the appropriate academic	52333
training level column.	52334

(C) Minimum salaries exclusive of retirement and sick leave	52335
for teachers shall be as follows:	52336

	Teachers		Teachers with	Teachers	52337
Years	with Less	Teachers with	Five Years of	with	52338
of	than	a Bachelor's	Training, but	a Master's	52339
Service	Bachelor's	Degree	no Master's	Degree or	52340
	Degree		Degree	Higher	52341

	Per	Dollar	Per	Dollar	Per	Dollar	Per	Dollar	52342
	Cent*	Amount	Cent*	Amount	Cent*	Amount	Cent*	Amount	52343
0	86.5	$17,300	100.0	$20,000	103.8	$20,760	109.5	$21,900	52344
1	90.0	18,000	103.8	20,760	108.1	21,620	114.3	22,860	52345
2	93.5	18,700	107.6	21,520	112.4	22,480	119.1	23,820	52346
3	97.0	19,400	111.4	22,280	116.7	23,340	123.9	24,780	52347
4	100.5	20,100	115.2	23,040	121.0	24,200	128.7	25,740	52348
5	104.0	20,800	119.0	23,800	125.3	25,060	133.5	26,700	52349
6	104.0	20,800	122.8	24,560	129.6	25,920	138.3	27,660	52350
7	104.0	20,800	126.6	25,320	133.9	26,780	143.1	28,620	52351
8	104.0	20,800	130.4	26,080	138.2	27,640	147.9	29,580	52352
9	104.0	20,800	134.2	26,840	142.5	28,500	152.7	30,540	52353
10	104.0	20,800	138.0	27,600	146.8	29,360	157.5	31,500	52354
11	104.0	20,800	141.8	28,360	151.1	30,220	162.3	32,460	52355

* Percentages represent the percentage which each salary is	52356
of the base amount.	52357

For purposes of determining the minimum salary at any level	52358
of training and service, the base of one hundred per cent shall be	52359
the base amount. The percentages used in this section show the	52360
relationships between the minimum salaries required by this	52361
section and the base amount and shall not be construed as	52362
requiring any school district or educational service center to	52363
adopt a schedule containing salaries in excess of the amounts set	52364
forth in this section for corresponding levels of training and	52365
experience.	52366

As used in this division:

52367

(1) "Base amount" means twenty thousand dollars.

52368

(2) "Five years of training" means at least one hundred fifty	52369
semester hours, or the equivalent, and a bachelor's degree from a	52370
recognized college or university.	52371

(D) For purposes of this section, all credited training shall	52372
be from a recognized college or university.	52373

Sec. 3317.14. ~~Any~~This section shall not apply after the	52374
2012-2013 school year.	52375

Any school district board of education or educational service	52376
center governing board participating in funds distributed under	52377
Chapter 3317. of the Revised Code shall annually adopt a teachers'	52378
salary schedule with provision for increments based upon training	52379
and years of service. Notwithstanding sections 3317.13 and	52380
3319.088 of the Revised Code, the board may establish its own	52381
service requirements and may grant service credit for such	52382
activities as teaching in public or nonpublic schools in this	52383
state or in another state, for service as an educational assistant	52384
other than as a classroom aide employed in accordance with section	52385
5107.541 of the Revised Code, and for service in the military or	52386
in an appropriate state or federal governmental agency, provided	52387
no teacher receives less than the amount required to be paid	52388
pursuant to section 3317.13 of the Revised Code and provided full	52389
credit for a minimum of five years of actual teaching and military	52390
experience as defined in division (A) of section 3317.13 of the	52391
Revised Code is given to each teacher.	52392

On the fifteenth day of October of each year the salary	52393
schedule in effect on that date in each school district and each	52394
educational service center shall be filed with the superintendent	52395
of public instruction. A copy of such schedule shall also annually	52396
be filed by the board of education of each local school district	52397
with the educational service center superintendent, who thereupon	52398
shall certify to the treasurer of such local district the correct	52399
salary to be paid to each teacher in accordance with the adopted	52400
schedule.	52401

Each teacher who has completed training which would qualify	52402
such teacher for a higher salary bracket pursuant to this section	52403
shall file by the fifteenth day of September with the treasurer of	52404
the board of education or educational service center satisfactory	52405
evidence of the completion of such additional training. The	52406
treasurer shall then immediately place the teacher, pursuant to	52407
this section and section 3317.13 of the Revised Code, in the	52408
proper salary bracket in accordance with training and years of	52409
service before certifying such salary, training, and years of	52410
service to the superintendent of public instruction. No teacher	52411
shall be paid less than the salary to which such teacher is	52412
entitled pursuant to section 3317.13 of the Revised Code.	52413

Sec. 3317.141. (A) Beginning with the school year that	52414
begins July 1, 2013, the board of education of each city, exempted	52415
village, local, or joint vocational school district and the	52416
governing board of each educational service center annually shall	52417
adopt a salary schedule for teachers based upon performance as	52418
described in division (B) of this section.	52419

(B) For purposes of the schedule, a board shall measure a	52420
teacher's performance by considering all of the following:	52421

(1) The level of license issued under section 3319.22 of the	52422
Revised Code that the teacher holds;	52423

(2) Whether the teacher is a highly qualified teacher, as	52424
defined in section 3319.074 of the Revised Code;	52425

(3) The ratings received by the teacher on performance	52426
evaluations conducted under section 3319.111 of the Revised Code.	52427

(C) The schedule shall provide for annual adjustments based	52428
on performance on the evaluations conducted under section 3319.111	52429
of the Revised Code. The annual performance-based adjustment for a	52430
teacher rated as highly effective shall be greater than the annual	52431
performance-based adjustment for a teacher rated as effective. The	52432
annual performance-based adjustment for a teacher rated as	52433
effective shall be at least fifty per cent but not more than	52434
seventy-five per cent of the annual performance-based adjustment	52435
for a teacher rated as highly effective.	52436

(D) The salary schedule adopted under this section may	52437
provide for additional compensation for teachers who agree to	52438
perform duties, not contracted for under a supplemental contract,	52439
that the employing board determines warrant additional	52440
compensation. Those duties may include, but are not limited to,	52441
assignment to a school building eligible for funding under Title I	52442
of the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	52443
6301 et seq.; assignment to a building in "school improvement"	52444
status under the "No Child Left Behind Act of 2001," as defined in	52445
section 3302.01 of the Revised Code; teaching in a grade level or	52446
subject area in which the board has determined there is a shortage	52447
within the district or service center; or assignment to a	52448
hard-to-staff school, as determined by the board.	52449

Sec. 3317.16. (A) As used in this section:

52450

(1) The "total special education weight" for a joint	52451
vocational school district shall be calculated in the same manner	52452
as prescribed in section 3317.022 of the Revised Code.	52453

(2) The "total vocational education weight" for a joint	52454
vocational school district shall be calculated in the same manner	52455
as prescribed in section 3317.022 of the Revised Code.	52456

(3) The "total recognized valuation" of a joint vocational	52457
school district shall be determined by adding the recognized	52458
valuations of all its constituent school districts that were	52459
subject to the joint vocational school district's tax levies for	52460
both the current and preceding tax years.	52461

(4) "Resident district" means the city, local, or exempted	52462
village school district in which a student is entitled to attend	52463
school under section 3313.64 or 3313.65 of the Revised Code.	52464

(5) "Community school" means a community school established	52465
under Chapter 3314. of the Revised Code.	52466

(B) The department of education shall compute and distribute	52467
state base cost funding to each joint vocational school district	52468
for the fiscal year in accordance with the following formula:	52469

(formula amount X formula ADM) -	52470

(.0005 X total recognized valuation)	52471

If the difference obtained under this division is a negative	52472
number, the district's computation shall be zero.	52473

(C)(1) The department shall compute and distribute state	52474
vocational education additional weighted costs funds to each joint	52475
vocational school district in accordance with the following	52476
formula:	52477

state share percentage X formula amount X	52478

total vocational education weight	52479

In each fiscal year, a joint vocational school district	52480
receiving funds under division (C)(1) of this section shall spend	52481
those funds only for the purposes the department designates as	52482
approved for vocational education expenses. Vocational educational	52483
expenses approved by the department shall include only expenses	52484
connected to the delivery of career-technical programming to	52485
career-technical students. The department shall require the joint	52486
vocational school district to report data annually so that the	52487
department may monitor the district's compliance with the	52488
requirements regarding the manner in which funding received under	52489
division (C)(1) of this section may be spent.	52490

(2) The department shall compute for each joint vocational	52491
school district state funds for vocational education associated	52492
services costs in accordance with the following formula:	52493

state share percentage X .05 X	52494

the formula amount X the sum of	52495

categories one and two vocational	52496

education ADM	52497

In any fiscal year, a joint vocational school district	52498
receiving funds under division (C)(2) of this section, or through	52499
a transfer of funds pursuant to division ~~(L)~~(I) of section	52500
3317.023 of the Revised Code, shall spend those funds only for the	52501
purposes that the department designates as approved for vocational	52502
education associated services expenses, which may include such	52503
purposes as apprenticeship coordinators, coordinators for other	52504
vocational education services, vocational evaluation, and other	52505
purposes designated by the department. The department may deny	52506
payment under division (C)(2) of this section to any district that	52507
the department determines is not operating those services or is	52508
using funds paid under division (C)(2) of this section, or through	52509
a transfer of funds pursuant to division ~~(L)~~(I) of section	52510
3317.023 of the Revised Code, for other purposes.	52511

(D)(1) The department shall compute and distribute state	52512
special education and related services additional weighted costs	52513
funds to each joint vocational school district in accordance with	52514
the following formula:	52515

state share percentage X formula amount X	52516

total special education weight	52517

(2)(a) As used in this division, the "personnel allowance"	52518
means thirty thousand dollars in fiscal years 2008 and 2009.	52519

(b) For the provision of speech language pathology services	52520
to students, including students who do not have individualized	52521
education programs prepared for them under Chapter 3323. of the	52522
Revised Code, and for no other purpose, the department shall pay	52523
each joint vocational school district an amount calculated under	52524
the following formula:	52525

(formula ADM divided by 2000) X the personnel	52526

allowance X state share percentage	52527

(3) In any fiscal year, a joint vocational school district	52528
shall spend for purposes that the department designates as	52529
approved for special education and related services expenses at	52530
least the amount calculated as follows:	52531

(formula amount X	52532

the sum of categories one through	52533

six special education ADM) +	52534

(total special education weight X	52535

formula amount)	52536

The purposes approved by the department for special education	52537
expenses shall include, but shall not be limited to, compliance	52538
with state rules governing the education of children with	52539
disabilities, providing services identified in a student's	52540
individualized education program as defined in section 3323.01 of	52541
the Revised Code, provision of speech language pathology services,	52542
and the portion of the district's overall administrative and	52543
overhead costs that are attributable to the district's special	52544
education student population.	52545

The department shall require joint vocational school	52546
districts to report data annually to allow for monitoring	52547
compliance with division (D)(3) of this section. The department	52548
shall annually report to the governor and the general assembly the	52549
amount of money spent by each joint vocational school district for	52550
special education and related services.	52551

(4) In any fiscal year, a joint vocational school district	52552
shall spend for the provision of speech language pathology	52553
services not less than the sum of the amount calculated under	52554
division (D)(1) of this section for the students in the district's	52555
category one special education ADM and the amount calculated under	52556
division (D)(2) of this section.	52557

(E)(1) If a joint vocational school district's costs for a	52558
fiscal year for a student in its categories two through six	52559
special education ADM exceed the threshold catastrophic cost for	52560
serving the student, as specified in division (C)(3)(b) of section	52561
3317.022 of the Revised Code, the district may submit to the	52562
superintendent of public instruction documentation, as prescribed	52563
by the superintendent, of all of its costs for that student. Upon	52564
submission of documentation for a student of the type and in the	52565
manner prescribed, the department shall pay to the district an	52566
amount equal to the sum of the following:	52567

(a) One-half of the district's costs for the student in	52568
excess of the threshold catastrophic cost;	52569

(b) The product of one-half of the district's costs for the	52570
student in excess of the threshold catastrophic cost multiplied by	52571
the district's state share percentage.	52572

(2) The district shall only report under division (E)(1) of	52573
this section, and the department shall only pay for, the costs of	52574
educational expenses and the related services provided to the	52575
student in accordance with the student's individualized education	52576
program. Any legal fees, court costs, or other costs associated	52577
with any cause of action relating to the student may not be	52578
included in the amount.	52579

(F) Each fiscal year, the department shall pay each joint	52580
vocational school district an amount for adult technical and	52581
vocational education and specialized consultants.	52582

(G)(1) A joint vocational school district's local share of	52583
special education and related services additional weighted costs	52584
equals:	52585

(1 - state share percentage) X	52586

Total special education weight X	52587

~~the formula amount~~ $5,732	52588

(2) For each student with a disability receiving special	52589
education and related services under an individualized education	52590
program, as defined in section 3323.01 of the Revised Code, at a	52591
joint vocational district, the resident district or, if the	52592
student is enrolled in a community school, the community school	52593
shall be responsible for the amount of any costs of providing	52594
those special education and related services to that student that	52595
exceed the sum of the amount calculated for those services	52596
attributable to that student under divisions (B), (D), (E), and	52597
(G)(1) of this section.	52598

Those excess costs shall be calculated by subtracting the sum	52599
of the following from the actual cost to provide special education	52600
and related services to the student:	52601

(a) The formula amount;

52602

(b) The product of ~~the formula amount~~$5,732 times the	52603
applicable multiple specified in section ~~3306.11~~3317.013 of the	52604
Revised Code as that section existed prior to the effective date	52605
of this amendment;	52606

(c) Any funds paid under division (E) of this section for the	52607
student;	52608

(d) Any other funds received by the joint vocational school	52609
district under this chapter to provide special education and	52610
related services to the student, not including the amount	52611
calculated under division (G)(2) of this section.	52612

(3) The board of education of the joint vocational school	52613
district may report the excess costs calculated under division	52614
(G)(2) of this section to the department of education.	52615

(4) If the board of education of the joint vocational school	52616
district reports excess costs under division (G)(3) of this	52617
section, the department shall pay the amount of excess cost	52618
calculated under division (G)(2) of this section to the joint	52619
vocational school district and shall deduct that amount as	52620
provided in division (G)(4)(a) or (b) of this section, as	52621
applicable:	52622

(a) If the student is not enrolled in a community school, the	52623
department shall deduct the amount from the account of the	52624
student's resident district pursuant to division ~~(M)~~(J) of section	52625
3317.023 of the Revised Code.	52626

(b) If the student is enrolled in a community school, the	52627
department shall deduct the amount from the account of the	52628
community school pursuant to section 3314.083 of the Revised Code.	52629

Sec. 3317.18. (A) As used in this section, the terms	52630
"Chapter 133. securities," "credit enhancement facilities," "debt	52631
charges," "general obligation," "legislation," "public	52632
obligations," and "securities" have the same meanings as in	52633
section 133.01 of the Revised Code.	52634

(B) The board of education of any school district authorizing	52635
the issuance of securities under section 133.10, 133.301, or	52636
3313.372 of the Revised Code or general obligation Chapter 133.	52637
securities may adopt legislation requesting the state department	52638
of education to approve, and enter into an agreement with the	52639
school district and the primary paying agent or fiscal agent for	52640
such securities providing for, the withholding and deposit of	52641
funds, otherwise due the district under ~~Chapters 3306. and~~Chapter	52642
3317. of the Revised Code, for the payment of debt service charges	52643
on such securities.	52644

The board of education shall deliver to the state department	52645
a copy of such resolution and any additional pertinent information	52646
the state department may require.	52647

The department of education and the office of budget and	52648
management shall evaluate each request received from a school	52649
district under this section and the department, with the advice	52650
and consent of the director of budget and management, shall	52651
approve or deny each request based on all of the following:	52652

(1) Whether approval of the request will enhance the	52653
marketability of the securities for which the request is made;	52654

(2) Any other pertinent factors or limitations established in	52655
rules made under division (I) of this section, including:	52656

(a) Current and projected obligations of funds due to the	52657
requesting school district under ~~Chapters 3306. and~~Chapter 3317.	52658
of the Revised Code including obligations of those funds to public	52659
obligations or relevant credit enhancement facilities under this	52660
section, Chapter 133. and section 3313.483 of the Revised Code,	52661
and under any other similar provisions of law;	52662

(b) Whether the department of education or the office of	52663
budget and management has any reason to believe the requesting	52664
school district will be unable to pay when due the debt charges on	52665
the securities for which the request is made.	52666

The department may require a school district to establish	52667
schedules for the payment of all debt charges that take into	52668
account the amount and timing of anticipated distributions of	52669
funds to the district under Chapter 3317. of the Revised Code.	52670

(C) If the department approves the request of a school	52671
district to withhold and deposit funds pursuant to this section,	52672
the department shall enter into a written agreement with the	52673
district and the primary paying agent or fiscal agent for the	52674
securities which shall provide for the withholding of funds	52675
pursuant to this section for the payment of debt charges on those	52676
securities, and may include both of the following:	52677

(1) Provisions for certification by the district to the	52678
department, at a time prior to any date for the payment of	52679
applicable debt charges, whether the district is able to pay those	52680
debt charges when due;	52681

(2) Requirements that the district deposit amounts for the	52682
payment of debt charges on the securities with the primary paying	52683
agent or fiscal agent for the securities prior to the date on	52684
which those debt charge payments are due to the owners or holders	52685
of the securities.	52686

(D) Whenever a district notifies the department of education	52687
that it will be unable to pay debt charges when they are due,	52688
subject to the withholding provisions of this section, or whenever	52689
the applicable paying agent or fiscal agent notifies the	52690
department that it has not timely received from a school district	52691
the full amount needed for the payment when due of those debt	52692
charges to the holders or owners of such securities, the	52693
department shall immediately contact the school district and the	52694
paying agent or fiscal agent to confirm or determine whether the	52695
district is unable to make the required payment by the date on	52696
which it is due.	52697

Upon demand of the treasurer of state while holding a school	52698
district obligation purchased under division (G)(1) of section	52699
135.143 of the Revised Code, the state department of education,	52700
without a request of the school district, shall withhold and	52701
deposit funds pursuant to this section for payment of debt service	52702
charges on that obligation.	52703

If the department confirms or determines that the district	52704
will be unable to make such payment and payment will not be made	52705
pursuant to a credit enhancement facility, the department shall	52706
promptly pay to the applicable primary paying agent or fiscal	52707
agent the lesser of the amount due for debt charges or the amount	52708
due the district for the remainder of the fiscal year under	52709
Chapter 3317. of the Revised Code. If this amount is insufficient	52710
to pay the total amount then due the agent for the payment of debt	52711
charges, the department shall pay to the agent each fiscal year	52712
thereafter, and until the full amount due the agent for unpaid	52713
debt charges is paid in full, the lesser of the remaining amount	52714
due the agent for debt charges or the amount due the district for	52715
the fiscal year under Chapter 3317. of the Revised Code.	52716

(E) The state department may make any payments under this	52717
division by direct deposit of funds by electronic transfer.	52718

Any amount received by a paying agent or fiscal agent under	52719
this section shall be applied only to the payment of debt charges	52720
on the securities of the school district subject to this section	52721
or to the reimbursement to the provider of a credit enhancement	52722
facility that has paid such debt charges.	52723

(F) To the extent a school district whose securities are	52724
subject to this section is unable to pay applicable debt charges	52725
because of the failure to collect property taxes levied for the	52726
payment of those debt charges, the district may transfer to or	52727
deposit into any fund that would have received payments under	52728
~~3306. or~~Chapter 3317. of the Revised Code that were withheld	52729
under this section any such delinquent property taxes when later	52730
collected, provided that transfer or deposit shall be limited to	52731
the amounts withheld from that fund under this section.	52732

(G) The department may make payments under this section to	52733
paying agents or fiscal agents only from and to the extent that	52734
money is appropriated by the general assembly for Chapter 3317. of	52735
the Revised Code or for the purposes of this section. No	52736
securities of a school district to which this section is made	52737
applicable constitute an obligation or a debt or a pledge of the	52738
faith, credit, or taxing power of the state, and the holders or	52739
owners of such securities have no right to have taxes levied or	52740
appropriations made by the general assembly for the payment of	52741
debt charges on those securities, and those securities, if the	52742
department requires, shall contain a statement to that effect. The	52743
agreement for or the actual withholding and payment of moneys	52744
under this section does not constitute the assumption by the state	52745
of any debt of a school district.	52746

(H) In the case of securities subject to the withholding	52747
provisions of this section, the issuing board of education shall	52748
appoint a paying agent or fiscal agent who is not an officer or	52749
employee of the school district.	52750

(I) The department of education, with the advice of the	52751
office of budget and management, may adopt reasonable rules not	52752
inconsistent with this section for the implementation of this	52753
section and division (B) of section 133.25 of the Revised Code as	52754
it relates to the withholding and depositing of payments under	52755
~~Chapters 3306. and~~Chapter 3317. of the Revised Code to secure	52756
payment of debt charges on school district securities. Those rules	52757
shall include criteria for the evaluation and approval or denial	52758
of school district requests for withholding under this section and	52759
limits on the obligation for the purpose of paying debt charges or	52760
reimbursing credit enhancement facilities of funds otherwise to be	52761
paid to school districts under Chapter 3317. of the Revised Code.	52762

(J) The authority granted by this section is in addition to	52763
and not a limitation on any other authorizations granted by or	52764
pursuant to law for the same or similar purposes.	52765

Sec. 3317.19. (A) As used in this section, "total unit	52766
allowance" means an amount equal to the sum of the following:	52767

(1) The total of the salary allowances for the teachers	52768
employed in the cooperative education school district for all	52769
units approved under division (B) or (C) of section 3317.05 of the	52770
Revised Code. The salary allowance for each unit shall equal the	52771
minimum salary for the teacher of the unit calculated on the basis	52772
of the teacher's training level and years of experience pursuant	52773
to the salary schedule prescribed in the version of section	52774
3317.13 of the Revised Code in effect prior to July 1, 2001.	52775

(2) Fifteen per cent of the total computed under division	52776
(A)(1) of this section;	52777

(3) The total of the unit operating allowances for all	52778
approved units. The amount of each allowance shall equal one of	52779
the following:	52780

(a) Eight thousand twenty-three dollars times the number of	52781
units for preschool children with disabilities or fraction thereof	52782
approved for the year under division (B) of section 3317.05 of the	52783
Revised Code;	52784

(b) Two thousand one hundred thirty-two dollars times the	52785
number of units or fraction thereof approved for the year under	52786
division (C) of section 3317.05 of the Revised Code.	52787

(B) The state board of education shall compute and distribute	52788
to each cooperative education school district for each fiscal year	52789
an amount equal to the sum of the following:	52790

(1) An amount equal to the total of the amounts credited to	52791
the cooperative education school district pursuant to division	52792
~~(K)~~(H) of section 3317.023 of the Revised Code;	52793

(2) The total unit allowance;

52794

(3) An amount for assisting in providing free lunches to	52795
needy children ~~and an amount for assisting needy school districts~~	52796
~~in purchasing necessary equipment for food preparation~~ pursuant to	52797
division ~~(H)~~(D) of section 3317.024 of the Revised Code.	52798

(C) If a cooperative education school district has had	52799
additional special education units approved for the year under	52800
division (F)(2) of section 3317.03 of the Revised Code, the	52801
district shall receive an additional amount during the last half	52802
of the fiscal year. For each unit, the additional amount shall	52803
equal fifty per cent of the amount computed under division (A) of	52804
this section for a unit approved under division (B) of section	52805
3317.05 of the Revised Code.	52806

Sec. 3317.20. This section does not apply to preschool	52807
children with disabilities.	52808

(A) As used in this section:

52809

(1) "Applicable weight" means the multiple specified in	52810
section ~~3306.11~~3317.013 of the Revised Code for a disability	52811
described in that section.	52812

(2) "Child's school district" means the school district in	52813
which a child is entitled to attend school pursuant to section	52814
3313.64 or 3313.65 of the Revised Code.	52815

(3) "State share percentage" means the state share percentage	52816
of the child's school district.	52817

(B) Except as provided in division (C) of this section, the	52818
department shall annually pay each county DD board for each child	52819
with a disability, other than a preschool child with a disability,	52820
for whom the county DD board provides special education and	52821
related services an amount equal to the formula amount + (state	52822
share percentage X formula amount X the applicable weight).	52823

(C) If any school district places with a county DD board more	52824
children with disabilities than it had placed with a county DD	52825
board in fiscal year 1998, the department shall not make a payment	52826
under division (B) of this section for the number of children	52827
exceeding the number placed in fiscal year 1998. The department	52828
instead shall deduct from the district's payments under this	52829
chapter ~~and Chapter 3306. of the Revised Code~~, and pay to the	52830
county DD board, an amount calculated in accordance with the	52831
formula prescribed in division (B) of this section for each child	52832
over the number of children placed in fiscal year 1998.	52833

(D) The department shall calculate for each county DD board	52834
receiving payments under divisions (B) and (C) of this section the	52835
following amounts:	52836

(1) The amount received by the county DD board for approved	52837
special education and related services units, other than units for	52838
preschool children with disabilities, in fiscal year 1998, divided	52839
by the total number of children served in the units that year;	52840

(2) The product of the quotient calculated under division	52841
(D)(1) of this section times the number of children for whom	52842
payments are made under divisions (B) and (C) of this section.	52843

If the amount calculated under division (D)(2) of this	52844
section is greater than the total amount calculated under	52845
divisions (B) and (C) of this section, the department shall pay	52846
the county DD board one hundred per cent of the difference in	52847
addition to the payments under divisions (B) and (C) of this	52848
section.	52849

(E) Each county DD board shall report to the department, in	52850
the manner specified by the department, the name of each child for	52851
whom the county DD board provides special education and related	52852
services and the child's school district.	52853

(F)(1) For the purpose of verifying the accuracy of the	52854
payments under this section, the department may request from	52855
either of the following entities the data verification code	52856
assigned under division (D)(2) of section 3301.0714 of the Revised	52857
Code to any child who is placed with a county DD board:	52858

(a) The child's school district;

52859

(b) The independent contractor engaged to create and maintain	52860
data verification codes.	52861

(2) Upon a request by the department under division (F)(1) of	52862
this section for the data verification code of a child, the	52863
child's school district shall submit that code to the department	52864
in the manner specified by the department. If the child has not	52865
been assigned a code, the district shall assign a code to that	52866
child and submit the code to the department by a date specified by	52867
the department. If the district does not assign a code to the	52868
child by the specified date, the department shall assign a code to	52869
the child.	52870

The department annually shall submit to each school district	52871
the name and data verification code of each child residing in the	52872
district for whom the department has assigned a code under this	52873
division.	52874

(3) The department shall not release any data verification	52875
code that it receives under division (F) of this section to any	52876
person except as provided by law.	52877

(G) Any document relative to special education and related	52878
services provided by a county DD board that the department holds	52879
in its files that contains both a student's name or other	52880
personally identifiable information and the student's data	52881
verification code shall not be a public record under section	52882
149.43 of the Revised Code.	52883

Sec. 3317.201. This section does not apply to preschool	52884
children with disabilities.	52885

(A) As used in this section, the "total special education	52886
weight" for an institution means the sum of the following amounts:	52887

(1) The number of children reported by the institution under	52888
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	52889
receiving services for a disability described in division	52890
~~(D)(1)~~(A) of section ~~3306.02~~3317.013 of the Revised Code	52891
multiplied by the multiple specified in that division;	52892

(2) The number of children reported by the institution under	52893
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	52894
receiving services for a disability described in division	52895
~~(D)(2)~~(B) of section ~~3306.02~~3317.013 of the Revised Code	52896
multiplied by the multiple specified in that division;	52897

(3) The number of children reported by the institution under	52898
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	52899
receiving services for a disability described in division	52900
~~(D)(3)~~(C) of section ~~3306.02~~3317.013 of the Revised Code	52901
multiplied by the multiple specified in that division;	52902

(4) The number of children reported by the institution under	52903
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	52904
receiving services for a disability described in division (D)~~(4)~~	52905
of section ~~3306.02~~3317.013 of the Revised Code multiplied by the	52906
multiple specified in that division;	52907

(5) The number of children reported by the institution under	52908
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	52909
receiving services for a disability described in division	52910
~~(D)(5)~~(E) of section ~~3306.02~~3317.013 of the Revised Code	52911
multiplied by the multiple specified in that division;	52912

(6) The number of children reported by the institution under	52913
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	52914
receiving services for a disability described in division	52915
~~(D)(6)~~(F) of section ~~3306.02~~3317.013 of the Revised Code	52916
multiplied by the multiple specified in that division.	52917

(B) For each fiscal year, the department of education shall	52918
pay each state institution required to provide special education	52919
services under division (A) of section 3323.091 of the Revised	52920
Code an amount equal to the greater of:	52921

(1) The formula amount times the institution's total special	52922
education weight;	52923

(2) The aggregate amount of special education and related	52924
services unit funding the institution received for all children	52925
with disabilities other than preschool children with disabilities	52926
in fiscal year 2005 under sections 3317.052 and 3317.053 of the	52927
Revised Code, as those sections existed prior to June 30, 2005.	52928

Sec. 3318.032. (A) Except as otherwise provided in divisions	52929
(C) and (D) of this section, the portion of the basic project cost	52930
supplied by the school district shall be the greater of:	52931

(1) The required percentage of the basic project costs;

52932

(2)(a) For all districts except a district that opts to	52933
divide its entire classroom facilities needs into segments to be	52934
completed separately as authorized by section 3318.034 of the	52935
Revised Code, an amount necessary to raise the school district's	52936
net bonded indebtedness, as of the date the controlling board	52937
approved the project, to within five thousand dollars of the	52938
required level of indebtedness;	52939

(b) For a district that opts to divide its entire classroom	52940
facilities needs into segments to be completed separately as	52941
authorized by section 3318.034 of the Revised Code, an amount	52942
necessary to raise the school district's net bonded indebtedness,	52943
as of the date the controlling board approved the project, to	52944
within five thousand dollars of the following:	52945

The required level of indebtedness X (the basic	52946

project cost of the segment as approved	52947

by the controlling board / the estimated basic	52948

project cost of the district's entire classroom facilities	52949

needs as determined jointly by the staff of the Ohio	52950

school facilities commission and the district)	52951

(B) The amount of the district's share determined under this	52952
section shall be calculated only as of the date the controlling	52953
board approved the project, and that amount applies throughout the	52954
~~one-year~~thirteen-month period permitted under section 3318.05 of	52955
the Revised Code for the district's electors to approve the	52956
propositions described in that section. If the amount reserved and	52957
encumbered for a project is released because the electors do not	52958
approve those propositions within that ~~year~~period, and the school	52959
district later receives the controlling board's approval for the	52960
project, subject to a new project scope and estimated costs under	52961
section 3318.054 of the Revised Code, the district's portion shall	52962
be recalculated in accordance with this section as of the date of	52963
the controlling board's subsequent approval.	52964

(C) At no time shall a school district's portion of the basic	52965
project cost be greater than ninety-five per cent of the total	52966
basic project cost.	52967

(D) If the controlling board approves a project under	52968
sections 3318.01 to 3318.20 of the Revised Code for a school	52969
district that previously received assistance under those sections	52970
or section 3318.37 of the Revised Code within the twenty-year	52971
period prior to the date on which the controlling board approves	52972
the new project, the district's portion of the basic project cost	52973
for the new project shall be the lesser of the following:	52974

(1) The portion calculated under division (A) of this	52975
section;	52976

(2) The greater of the following:

52977

(a) The required percentage of the basic project costs for	52978
the new project;	52979

(b) The percentage of the basic project cost paid by the	52980
district for the previous project.	52981

Sec. 3318.05. The conditional approval of the Ohio school	52982
facilities commission for a project shall lapse and the amount	52983
reserved and encumbered for such project shall be released unless	52984
the school district board accepts such conditional approval within	52985
one hundred twenty days following the date of certification of the	52986
conditional approval to the school district board and the electors	52987
of the school district vote favorably on both of the propositions	52988
described in divisions (A) and (B) of this section within ~~one year~~	52989
thirteen months of the date of such certification, except that a	52990
school district described in division (C) of this section does not	52991
need to submit the proposition described in division (B) of this	52992
section. The propositions described in divisions (A) and (B) of	52993
this section shall be combined in a single proposal. If the	52994
district board or the district's electors fail to meet such	52995
requirements and the amount reserved and encumbered for the	52996
district's project is released, the district shall be given first	52997
priority for project funding as such funds become available,	52998
subject to section 3318.054 of the Revised Code.	52999

(A) On the question of issuing bonds of the school district	53000
board, for the school district's portion of the basic project	53001
cost, in an amount equal to the school district's portion of the	53002
basic project cost less the amount of the proceeds of any	53003
securities authorized or to be authorized under division (J) of	53004
section 133.06 of the Revised Code and dedicated by the school	53005
district board to payment of the district's portion of the basic	53006
project cost; and	53007

(B) On the question of levying a tax the proceeds of which	53008
shall be used to pay the cost of maintaining the classroom	53009
facilities included in the project. Such tax shall be at the rate	53010
of not less than one-half mill for each dollar of valuation for a	53011
period of twenty-three years, subject to any extension approved	53012
under section 3318.061 of the Revised Code.	53013

(C) If a school district has in place a tax levied under	53014
section 5705.21 of the Revised Code for general permanent	53015
improvements for a continuing period of time and the proceeds of	53016
such tax can be used for maintenance, or if a district agrees to	53017
the transfers described in section 3318.051 of the Revised Code,	53018
the school district need not levy the additional tax required	53019
under division (B) of this section, provided the school district	53020
board includes in the agreement entered into under section 3318.08	53021
of the Revised Code provisions either:	53022

(1) Earmarking an amount from the proceeds of that permanent	53023
improvement tax for maintenance of classroom facilities equivalent	53024
to the amount of the additional tax and for the equivalent number	53025
of years otherwise required under this section;	53026

(2) Requiring the transfer of money in accordance with	53027
section 3318.051 of the Revised Code.	53028

The district board subsequently may rescind the agreement to	53029
make the transfers under section 3318.051 of the Revised Code only	53030
so long as the electors of the district have approved, in	53031
accordance with section 3318.063 of the Revised Code, the levy of	53032
a tax for the maintenance of the classroom facilities acquired	53033
under the district's project and that levy continues to be	53034
collected as approved by the electors.	53035

(D) Proceeds of the tax to be used for maintenance of the	53036
classroom facilities under either division (B) or (C)(1) of this	53037
section, and transfers of money in accordance with section	53038
3318.051 of the Revised Code shall be deposited into a separate	53039
fund established by the school district for such purpose.	53040

Sec. 3318.051. (A) Any city, exempted village, or local	53041
school district that commences a project under sections 3318.01 to	53042
3318.20, 3318.36, 3318.37, or 3318.38 of the Revised Code on or	53043
after September 5, 2006, need not levy the tax otherwise required	53044
under division (B) of section 3318.05 of the Revised Code, if the	53045
district board of education adopts a resolution petitioning the	53046
Ohio school facilities commission to approve the transfer of money	53047
in accordance with this section and the commission approves that	53048
transfer. If so approved, the commission and the district board	53049
shall enter into an agreement under which the board, in each of	53050
twenty-three consecutive years beginning in the year in which the	53051
board and the commission enter into the project agreement under	53052
section 3318.08 of the Revised Code, shall transfer into the	53053
maintenance fund required by division (D) of section 3318.05 of	53054
the Revised Code not less than an amount equal to one-half mill	53055
for each dollar of the district's valuation unless and until the	53056
agreement to make those transfers is rescinded by the district	53057
board pursuant to division (F) of this section.	53058

(B) On the first day of July each year, or on an alternative	53059
date prescribed by the commission, the district treasurer shall	53060
certify to the commission and the auditor of state that the amount	53061
required for the year has been transferred. The auditor of state	53062
shall include verification of the transfer as part of any audit of	53063
the district under section 117.11 of the Revised Code. If the	53064
auditor of state finds that less than the required amount has been	53065
deposited into a district's maintenance fund, the auditor of state	53066
shall notify the district board of education in writing of that	53067
fact and require the board to deposit into the fund, within ninety	53068
days after the date of the notice, the amount by which the fund is	53069
deficient for the year. If the district board fails to demonstrate	53070
to the auditor of state's satisfaction that the board has made the	53071
deposit required in the notice, the auditor of state shall notify	53072
the department of education. At that time, the department shall	53073
withhold an amount equal to ten per cent of the district's funds	53074
calculated for the current fiscal year under ~~Chapters 3306. and~~	53075
Chapter 3317. of the Revised Code until the auditor of state	53076
notifies the department that the auditor of state is satisfied	53077
that the board has made the required transfer.	53078

(C) Money transferred to the maintenance fund shall be used	53079
for the maintenance of the facilities acquired under the	53080
district's project.	53081

(D) The transfers to the maintenance fund under this section	53082
does not affect a district's obligation to establish and maintain	53083
a capital and maintenance fund under section 3315.18 of the	53084
Revised Code.	53085

(E) Any decision by the commission to approve or not approve	53086
the transfer of money under this section is final and not subject	53087
to appeal. The commission shall not be responsible for errors or	53088
miscalculations made in deciding whether to approve a petition to	53089
make transfers under this section.	53090

(F) If the district board determines that it no longer can	53091
continue making the transfers agreed to under this section, the	53092
board may rescind the agreement only so long as the electors of	53093
the district have approved, in accordance with section 3318.063 of	53094
the Revised Code, the levy of a tax for the maintenance of the	53095
classroom facilities acquired under the district's project and	53096
that levy continues to be collected as approved by the electors.	53097
That levy shall be for a number of years that is equal to the	53098
difference between twenty-three years and the number of years that	53099
the district made transfers under this section and shall be at the	53100
rate of not less than one-half mill for each dollar of the	53101
district's valuation. The district board shall continue to make	53102
the transfers agreed to under this section until that levy has	53103
been approved by the electors.	53104

Sec. 3318.054. (A) If conditional approval of a city,	53105
exempted village, or local school district's project lapses as	53106
provided in section 3318.05 of the Revised Code, or if conditional	53107
approval of a joint vocational school district's project lapses as	53108
provided in division (D) of section 3318.41 of the Revised Code,	53109
because the district's electors have not approved the ballot	53110
measures necessary to generate the district's portion of the basic	53111
project cost, and if the district board desires to seek a new	53112
conditional approval of the project, the district board shall	53113
request that the Ohio school facilities commission establish a new	53114
scope, estimated basic project cost, estimated school district	53115
portion of the basic project cost, and rate of taxation necessary	53116
to pay the district's portion of the basic project cost prior to	53117
resubmitting the ballot measures to the electors. To do so, the	53118
commission shall use the district's current tax valuation and the	53119
district's percentile for the prior fiscal year. For a district	53120
that has entered into an agreement under section 3318.36 of the	53121
Revised Code and desires to proceed with a project under sections	53122
3318.01 to 3318.20 of the Revised Code, the district's portion of	53123
the basic project cost shall be the percentage specified in that	53124
agreement. The project scope, estimated costs, and rate of	53125
taxation established under this division shall be valid for one	53126
year from the date the commission approves them.	53127

(B) Upon the commission's approval under division (A) of this	53128
section, the district board may submit the ballot measures to the	53129
district's electors for approval of the project based on the new	53130
project scope, estimated costs, and rate of taxation. Upon	53131
electoral approval of those measures, the district shall be given	53132
first priority for project funding as such funds become available.	53133

(C) When the commission determines that funds are available	53134
for the district's project, the commission shall do all of the	53135
following:	53136

(1) Determine the school district portion of the basic	53137
project cost under section 3318.032 of the Revised Code, in the	53138
case of a city, exempted village, or local school district, or	53139
under section 3318.42 of the Revised Code, in the case of a joint	53140
vocational school district;	53141

(2) Conditionally approve the project and submit it to the	53142
controlling board for approval pursuant to section 3318.04 of the	53143
Revised Code;	53144

(3) Encumber funds for the project under section 3318.11 of	53145
the Revised Code;	53146

(4) Enter into an agreement with the district board under	53147
section 3318.08 of the Revised Code.	53148

Sec. 3318.08. Except in the case of a joint vocational	53149
school district that receives assistance under sections 3318.40 to	53150
3318.45 of the Revised Code, if the requisite favorable vote on	53151
the election is obtained, or if the school district board has	53152
resolved to apply the proceeds of a property tax levy or the	53153
proceeds of an income tax, or a combination of proceeds from such	53154
taxes, as authorized in section 3318.052 of the Revised Code, the	53155
Ohio school facilities commission, upon certification to it of	53156
either the results of the election or the resolution under section	53157
3318.052 of the Revised Code, shall enter into a written agreement	53158
with the school district board for the construction and sale of	53159
the project. In the case of a joint vocational school district	53160
that receives assistance under sections 3318.40 to 3318.45 of the	53161
Revised Code, if the school district board of education and the	53162
school district electors have satisfied the conditions prescribed	53163
in division (D)(1) of section 3318.41 of the Revised Code, the	53164
commission shall enter into an agreement with the school district	53165
board for the construction and sale of the project. In either	53166
case, the agreement shall include, but need not be limited to, the	53167
following provisions:	53168

(A) The sale and issuance of bonds or notes in anticipation	53169
thereof, as soon as practicable after the execution of the	53170
agreement, in an amount equal to the school district's portion of	53171
the basic project cost, including any securities authorized under	53172
division (J) of section 133.06 of the Revised Code and dedicated	53173
by the school district board to payment of the district's portion	53174
of the basic project cost of the project; provided, that if at	53175
that time the county treasurer of each county in which the school	53176
district is located has not commenced the collection of taxes on	53177
the general duplicate of real and public utility property for the	53178
year in which the controlling board approved the project, the	53179
school district board shall authorize the issuance of a first	53180
installment of bond anticipation notes in an amount specified by	53181
the agreement, which amount shall not exceed an amount necessary	53182
to raise the net bonded indebtedness of the school district as of	53183
the date of the controlling board's approval to within five	53184
thousand dollars of the required level of indebtedness for the	53185
preceding year. In the event that a first installment of bond	53186
anticipation notes is issued, the school district board shall, as	53187
soon as practicable after the county treasurer of each county in	53188
which the school district is located has commenced the collection	53189
of taxes on the general duplicate of real and public utility	53190
property for the year in which the controlling board approved the	53191
project, authorize the issuance of a second and final installment	53192
of bond anticipation notes or a first and final issue of bonds.	53193

The combined value of the first and second installment of	53194
bond anticipation notes or the value of the first and final issue	53195
of bonds shall be equal to the school district's portion of the	53196
basic project cost. The proceeds of any such bonds shall be used	53197
first to retire any bond anticipation notes. Otherwise, the	53198
proceeds of such bonds and of any bond anticipation notes, except	53199
the premium and accrued interest thereon, shall be deposited in	53200
the school district's project construction fund. In determining	53201
the amount of net bonded indebtedness for the purpose of fixing	53202
the amount of an issue of either bonds or bond anticipation notes,	53203
gross indebtedness shall be reduced by moneys in the bond	53204
retirement fund only to the extent of the moneys therein on the	53205
first day of the year preceding the year in which the controlling	53206
board approved the project. Should there be a decrease in the tax	53207
valuation of the school district so that the amount of	53208
indebtedness that can be incurred on the tax duplicates for the	53209
year in which the controlling board approved the project is less	53210
than the amount of the first installment of bond anticipation	53211
notes, there shall be paid from the school district's project	53212
construction fund to the school district's bond retirement fund to	53213
be applied against such notes an amount sufficient to cause the	53214
net bonded indebtedness of the school district, as of the first	53215
day of the year following the year in which the controlling board	53216
approved the project, to be within five thousand dollars of the	53217
required level of indebtedness for the year in which the	53218
controlling board approved the project. The maximum amount of	53219
indebtedness to be incurred by any school district board as its	53220
share of the cost of the project is either an amount that will	53221
cause its net bonded indebtedness, as of the first day of the year	53222
following the year in which the controlling board approved the	53223
project, to be within five thousand dollars of the required level	53224
of indebtedness, or an amount equal to the required percentage of	53225
the basic project costs, whichever is greater. All bonds and bond	53226
anticipation notes shall be issued in accordance with Chapter 133.	53227
of the Revised Code, and notes may be renewed as provided in	53228
section 133.22 of the Revised Code.	53229

(B) The transfer of such funds of the school district board	53230
available for the project, together with the proceeds of the sale	53231
of the bonds or notes, except premium, accrued interest, and	53232
interest included in the amount of the issue, to the school	53233
district's project construction fund;	53234

(C) For all school districts except joint vocational school	53235
districts that receive assistance under sections 3318.40 to	53236
3318.45 of the Revised Code, the following provisions as	53237
applicable:	53238

(1) If section 3318.052 of the Revised Code applies, the	53239
earmarking of the proceeds of a tax levied under section 5705.21	53240
of the Revised Code for general permanent improvements or under	53241
section 5705.218 of the Revised Code for the purpose of permanent	53242
improvements, or the proceeds of a school district income tax	53243
levied under Chapter 5748. of the Revised Code, or the proceeds	53244
from a combination of those two taxes, in an amount to pay all or	53245
part of the service charges on bonds issued to pay the school	53246
district portion of the project and an amount equivalent to all or	53247
part of the tax required under division (B) of section 3318.05 of	53248
the Revised Code;	53249

(2) If section 3318.052 of the Revised Code does not apply,	53250
one of the following:	53251

(a) The levy of the tax authorized at the election for the	53252
payment of maintenance costs, as specified in division (B) of	53253
section 3318.05 of the Revised Code;	53254

(b) If the school district electors have approved a	53255
continuing tax for general permanent improvements under section	53256
5705.21 of the Revised Code and that tax can be used for	53257
maintenance, the earmarking of an amount of the proceeds from such	53258
tax for maintenance of classroom facilities as specified in	53259
division (B) of section 3318.05 of the Revised Code;	53260

(c) If, in lieu of the tax otherwise required under division	53261
(B) of section 3318.05 of the Revised Code, the commission has	53262
approved the transfer of money to the maintenance fund in	53263
accordance with section 3318.051 of the Revised Code, a	53264
requirement that the district board comply with the provisions	53265
that section. The district board may rescind the provision	53266
prescribed under division (C)(2)(c) of this section only so long	53267
as the electors of the district have approved, in accordance with	53268
section 3318.063 of the Revised Code, the levy of a tax for the	53269
maintenance of the classroom facilities acquired under the	53270
district's project and that levy continues to be collected as	53271
approved by the electors.	53272

(D) For joint vocational school districts that receive	53273
assistance under sections 3318.40 to 3318.45 of the Revised Code,	53274
provision for deposit of school district moneys dedicated to	53275
maintenance of the classroom facilities acquired under those	53276
sections as prescribed in section 3318.43 of the Revised Code;	53277

(E) Dedication of any local donated contribution as provided	53278
for under section 3318.084 of the Revised Code, including a	53279
schedule for depositing such moneys applied as an offset of the	53280
district's obligation to levy the tax described in division (B) of	53281
section 3318.05 of the Revised Code as required under division	53282
(D)(2) of section 3318.084 of the Revised Code;	53283

(F) Ownership of or interest in the project during the period	53284
of construction, which shall be divided between the commission and	53285
the school district board in proportion to their respective	53286
contributions to the school district's project construction fund;	53287

(G) Maintenance of the state's interest in the project until	53288
any obligations issued for the project under section 3318.26 of	53289
the Revised Code are no longer outstanding;	53290

(H) The insurance of the project by the school district from	53291
the time there is an insurable interest therein and so long as the	53292
state retains any ownership or interest in the project pursuant to	53293
division (F) of this section, in such amounts and against such	53294
risks as the commission shall require; provided, that the cost of	53295
any required insurance until the project is completed shall be a	53296
part of the basic project cost;	53297

(I) The certification by the director of budget and	53298
management that funds are available and have been set aside to	53299
meet the state's share of the basic project cost as approved by	53300
the controlling board pursuant to either section 3318.04 or	53301
division (B)(1) of section 3318.41 of the Revised Code;	53302

(J) Authorization of the school district board to advertise	53303
for and receive construction bids for the project, for and on	53304
behalf of the commission, and to award contracts in the name of	53305
the state subject to approval by the commission;	53306

(K) Provisions for the disbursement of moneys from the school	53307
district's project account upon issuance by the commission or the	53308
commission's designated representative of vouchers for work done	53309
to be certified to the commission by the treasurer of the school	53310
district board;	53311

(L) Disposal of any balance left in the school district's	53312
project construction fund upon completion of the project;	53313

(M) Limitations upon use of the project or any part of it so	53314
long as any obligations issued to finance the project under	53315
section 3318.26 of the Revised Code are outstanding;	53316

(N) Provision for vesting the state's interest in the project	53317
to the school district board when the obligations issued to	53318
finance the project under section 3318.26 of the Revised Code are	53319
outstanding;	53320

(O) Provision for deposit of an executed copy of the	53321
agreement in the office of the commission;	53322

(P) Provision for termination of the contract and release of	53323
the funds encumbered at the time of the conditional approval, if	53324
the proceeds of the sale of the bonds of the school district board	53325
are not paid into the school district's project construction fund	53326
and if bids for the construction of the project have not been	53327
taken within such period after the execution of the agreement as	53328
may be fixed by the commission;	53329

(Q) Provision for the school district to maintain the project	53330
in accordance with a plan approved by the commission;	53331

(R)~~(1) For all school districts except a district undertaking~~	53332
~~a project under section 3318.38 of the Revised Code or a joint~~	53333
~~vocational school district undertaking a project under sections~~	53334
~~3318.40 to 3318.45 of the Revised Code, provision~~Provision that	53335
all state funds reserved and encumbered to pay the state share of	53336
the cost of the project ~~pursuant to section 3318.03 of the Revised~~	53337
~~Code be spent on the construction or acquisition of the project~~	53338
~~prior to the expenditure of any~~and the funds provided by the	53339
school district to pay for its share of the project cost, ~~unless~~	53340
including the respective shares of the cost of a segment if the	53341
project is divided into segments, be spent on the construction and	53342
acquisition of the project or segment simultaneously in proportion	53343
to the state's and the school district's respective shares of that	53344
basic project cost as determined under section 3318.032 of the	53345
Revised Code or, if the district is a joint vocational school	53346
district, under section 3318.42 of the Revised Code. However, if	53347
the school district certifies to the commission that expenditure	53348
by the school district is necessary to maintain the federal tax	53349
status or tax-exempt status of notes or bonds issued by the school	53350
district to pay for its share of the project cost or to comply	53351
with applicable temporary investment periods or spending	53352
exceptions to rebate as provided for under federal law in regard	53353
to those notes or bonds, ~~in which cases,~~ the school district may	53354
commit to spend, or spend, a greater portion of the funds it	53355
provides;	53356

~~(2) For a school district undertaking a project under section~~	53357
~~3318.38 of the Revised Code or a joint vocational school district~~	53358
~~undertaking a project under sections 3318.40 to 3318.45 of the~~	53359
~~Revised Code, provision that the state funds reserved and~~	53360
~~encumbered and the funds provided by the school district to pay~~	53361
~~the basic project cost of any segment of the project, or of the~~	53362
~~entire project if it is not divided into segments, be spent on the~~	53363
~~construction and acquisition of the project simultaneously in~~	53364
~~proportion to the state's and the school district's respective~~	53365
~~shares of that basic project cost as determined under section~~	53366
~~3318.032 of the Revised Code or, if the district is a joint~~	53367
~~vocational school district, under section 3318.42 of the Revised~~	53368
~~Code~~during any specific period than would otherwise be required	53369
under this division.	53370

(S) A provision stipulating that the commission may prohibit	53371
the district from proceeding with any project if the commission	53372
determines that the site is not suitable for construction	53373
purposes. The commission may perform soil tests in its	53374
determination of whether a site is appropriate for construction	53375
purposes.	53376

(T) A provision stipulating that, unless otherwise authorized	53377
by the commission, any contingency reserve portion of the	53378
construction budget prescribed by the commission shall be used	53379
only to pay costs resulting from unforeseen job conditions, to	53380
comply with rulings regarding building and other codes, to pay	53381
costs related to design clarifications or corrections to contract	53382
documents, and to pay the costs of settlements or judgments	53383
related to the project as provided under section 3318.086 of the	53384
Revised Code;	53385

(U) Provision stipulating that for continued release of	53386
project funds the school district board shall comply with section	53387
3313.41 of the Revised Code throughout the project and shall	53388
notify the department of education and the Ohio community school	53389
association when the board plans to dispose of facilities by sale	53390
under that section;	53391

(V) Provision that the commission shall not approve a	53392
contract for demolition of a facility until the school district	53393
board has complied with section 3313.41 of the Revised Code	53394
relative to that facility, unless demolition of that facility is	53395
to clear a site for construction of a replacement facility	53396
included in the district's project.	53397

Sec. 3318.12. (A) The Ohio school facilities commission shall	53398
cause to be transferred to the school district's project	53399
construction fund the necessary amounts from amounts appropriated	53400
by the general assembly and set aside for such purpose, from time	53401
to time as may be necessary to pay obligations chargeable to such	53402
fund when due. All investment earnings of a school district's	53403
project construction fund shall be credited to the fund.	53404

(B)(1) The treasurer of the school district board shall	53405
disburse funds from the school district's project construction	53406
fund, including investment earnings credited to the fund, only	53407
upon the approval of the commission or the commission's designated	53408
representative. The commission or the commission's designated	53409
representative shall issue vouchers against such fund, in such	53410
amounts, and at such times as required by the contracts for	53411
construction of the project.	53412

(2) Notwithstanding anything to the contrary in division	53413
(B)(1) of this section, the school district board may, by a duly	53414
adopted resolution, choose to use all or part of the investment	53415
earnings of the district's project construction fund that are	53416
attributable to the district's contribution to the fund to pay the	53417
cost of classroom facilities or portions or components of	53418
classroom facilities that are not included in the district's basic	53419
project cost but that are related to the district's project. If	53420
the district board adopts a resolution in favor of using those	53421
investment earnings as authorized under division (B)(2) of this	53422
section, the treasurer shall disburse the amount as designated and	53423
directed by the board. However, if the district board chooses to	53424
use any part of the investment earnings for classroom facilities	53425
or portions or components of classroom facilities that are not	53426
included in the basic project cost, as authorized under division	53427
(B)(2) of this section, and, subsequently, the cost of the project	53428
exceeds the amount in the project construction fund, the district	53429
board shall restore to the project construction fund the full	53430
amount of the investment earnings used under division (B)(2) of	53431
this section before any additional state moneys shall be released	53432
for the project.	53433

(C) After ~~the~~a certificate of completion has been issued for	53434
a project ~~has been completed~~under section 3318.48 of the Revised	53435
Code:	53436

(1) At the discretion of the school district board, any	53437
investment earnings remaining in the project construction fund	53438
that are attributable to the school district's contribution to the	53439
fund shall be:	53440

(a) Retained in the project construction fund for future	53441
projects;	53442

(b) Transferred to the district's maintenance fund required	53443
by division (B) of section 3318.05 or section 3318.43 of the	53444
Revised Code, and the money so transferred shall be used solely	53445
for maintaining the classroom facilities included in the project;	53446

53447

(2) Any investment earnings remaining in the project	53448
construction fund that are attributable to the state's	53449
contribution to the fund shall be transferred to the commission	53450
for expenditure pursuant to sections 3318.01 to 3318.20 or	53451
sections 3318.40 to 3318.45 of the Revised Code.	53452

(3) Any other surplus remaining in the school district's	53453
project construction fund ~~after the project has been completed~~	53454
shall be transferred to the commission and the school district	53455
board in proportion to their respective contributions to the fund.	53456
The commission shall use the money transferred to it under this	53457
division for expenditure pursuant to sections 3318.01 to 3318.20	53458
or sections 3318.40 to 3318.45 of the Revised Code.	53459

(D) Pursuant to appropriations of the general assembly, any	53460
moneys transferred to the commission under division (C)(2) or (3)	53461
of this section from a project construction fund for a project	53462
under sections 3318.40 to 3318.45 of the Revised Code may be used	53463
for future expenditures for projects under sections 3318.40 to	53464
3318.45 of the Revised Code, notwithstanding the two per cent	53465
annual limit specified in division (B) of section 3318.40 of the	53466
Revised Code.	53467

Sec. 3318.31. (A) The Ohio school facilities commission may	53468
perform any act and ensure the performance of any function	53469
necessary or appropriate to carry out the purposes of, and	53470
exercise the powers granted under, Chapter 3318. of the Revised	53471
Code, including any of the following:	53472

(1) Adopt, amend, and rescind, pursuant to section 111.15 of	53473
the Revised Code, rules for the administration of programs	53474
authorized under Chapter 3318. of the Revised Code.	53475

(2) Contract with, retain the services of, or designate, and	53476
fix the compensation of, such agents, accountants, consultants,	53477
advisers, and other independent contractors as may be necessary or	53478
desirable to carry out the programs authorized under Chapter 3318.	53479
of the Revised Code, or authorize the executive director to	53480
perform such powers and duties.	53481

(3) Receive and accept any gifts, grants, donations, and	53482
pledges, and receipts therefrom, to be used for the programs	53483
authorized under Chapter 3318. of the Revised Code.	53484

(4) Make and enter into all contracts, commitments, and	53485
agreements, and execute all instruments, necessary or incidental	53486
to the performance of its duties and the execution of its rights	53487
and powers under Chapter 3318. of the Revised Code, or authorize	53488
the executive director to perform such powers and duties.	53489

(5) Request the director of administrative services to debar	53490
a contractor as provided in section 153.02 of the Revised Code.	53491

(B) The commission shall appoint and fix the compensation of	53492
an executive director who shall serve at the pleasure of the	53493
commission. The executive director shall supervise the operations	53494
of the commission and perform such other duties as delegated by	53495
the commission. The executive director also shall employ and fix	53496
the compensation of such employees as will facilitate the	53497
activities and purposes of the commission, who shall serve at the	53498
pleasure of the executive director. The employees of the	53499
commission shall be exempt from Chapter 4117. of the Revised Code	53500
and shall not be public employees as defined in section 4117.01 of	53501
the Revised Code.	53502

(C) The attorney general shall serve as the legal	53503
representative for the commission and may appoint other counsel as	53504
necessary for that purpose in accordance with section 109.07 of	53505
the Revised Code.	53506

Sec. 3318.36. (A)(1) As used in this section:

53507

(a) "Ohio school facilities commission," "classroom	53508
facilities," "school district," "school district board," "net	53509
bonded indebtedness," "required percentage of the basic project	53510
costs," "basic project cost," "valuation," and "percentile" have	53511
the same meanings as in section 3318.01 of the Revised Code.	53512

(b) "Required level of indebtedness" means five per cent of	53513
the school district's valuation for the year preceding the year in	53514
which the commission and school district enter into an agreement	53515
under division (B) of this section, plus [two one-hundredths of	53516
one per cent multiplied by (the percentile in which the district	53517
ranks minus one)].	53518

(c) "Local resources" means any moneys generated in any	53519
manner permitted for a school district board to raise the school	53520
district portion of a project undertaken with assistance under	53521
sections 3318.01 to 3318.20 of the Revised Code.	53522

(d) "Tangible personal property phase-out impacted district"	53523
means a school district for which the taxable value of its	53524
tangible personal property certified under division (A)(2) of	53525
section 3317.021 of the Revised Code for tax year 2005, excluding	53526
the taxable value of public utility personal property, made up	53527
eighteen per cent or more of its total taxable value for tax year	53528
2005 as certified under that section.	53529

(2) For purposes of determining the required level of	53530
indebtedness, the required percentage of the basic project costs	53531
under division (C)(1) of this section, and priority for assistance	53532
under sections 3318.01 to 3318.20 of the Revised Code, the	53533
percentile ranking of a school district with which the commission	53534
has entered into an agreement under this section between the first	53535
day of July and the thirty-first day of August in each fiscal year	53536
is the percentile ranking calculated for that district for the	53537
immediately preceding fiscal year, and the percentile ranking of a	53538
school district with which the commission has entered into such	53539
agreement between the first day of September and the thirtieth day	53540
of June in each fiscal year is the percentile ranking calculated	53541
for that district for the current fiscal year. However, in the	53542
case of a tangible personal property phase-out impacted district,	53543
the district's priority for assistance under sections 3318.01 to	53544
3318.20 of the Revised Code and its portion of the basic project	53545
cost under those sections shall be determined in the manner	53546
prescribed, respectively, in divisions (B)(3)(b) and (E)(1)(b) of	53547
this section.	53548

(B)(1) There is hereby established the school building	53549
assistance expedited local partnership program. Under the program,	53550
the Ohio school facilities commission may enter into an agreement	53551
with the school district board of any school district under which	53552
the school district board may proceed with the new construction or	53553
major repairs of a part of the school district's classroom	53554
facilities needs, as determined under sections 3318.01 to 3318.20	53555
of the Revised Code, through the expenditure of local resources	53556
prior to the school district's eligibility for state assistance	53557
under those sections and may apply that expenditure toward meeting	53558
the school district's portion of the basic project cost of the	53559
total of the school district's classroom facilities needs, as	53560
determined under sections 3318.01 to 3318.20 of the Revised Code	53561
and as recalculated under division (E) of this section, that are	53562
eligible for state assistance under sections 3318.01 to 3318.20 of	53563
the Revised Code when the school district becomes eligible for	53564
that assistance. Any school district that is reasonably expected	53565
to receive assistance under sections 3318.01 to 3318.20 of the	53566
Revised Code within two fiscal years from the date the school	53567
district adopts its resolution under division (B) of this section	53568
shall not be eligible to participate in the program established	53569
under this section.	53570

(2) To participate in the program, a school district board	53571
shall first adopt a resolution certifying to the commission the	53572
board's intent to participate in the program.	53573

The resolution shall specify the approximate date that the	53574
board intends to seek elector approval of any bond or tax measures	53575
or to apply other local resources to use to pay the cost of	53576
classroom facilities to be constructed under this section. The	53577
resolution may specify the application of local resources or	53578
elector-approved bond or tax measures after the resolution is	53579
adopted by the board, and in such case the board may proceed with	53580
a discrete portion of its project under this section as soon as	53581
the commission and the controlling board have approved the basic	53582
project cost of the district's classroom facilities needs as	53583
specified in division (D) of this section. The board shall submit	53584
its resolution to the commission not later than ten days after the	53585
date the resolution is adopted by the board.	53586

The commission shall not consider any resolution that is	53587
submitted pursuant to division (B)(2) of this section, as amended	53588
by this amendment, sooner than September 14, 2000.	53589

(3) For purposes of determining when a district that enters	53590
into an agreement under this section becomes eligible for	53591
assistance under sections 3318.01 to 3318.20 of the Revised Code,	53592
the commission shall use one of the following as applicable:	53593

(a) Except for a tangible personal property phase-out	53594
impacted district, the district's percentile ranking determined at	53595
the time the district entered into the agreement under this	53596
section, as prescribed by division (A)(2) of this section;	53597

(b) For a tangible personal property phase-out impacted	53598
district, the lesser of (i) the district's percentile ranking	53599
determined at the time the district entered into the agreement	53600
under this section, as prescribed by division (A)(2) of this	53601
section, or (ii) the district's current percentile ranking under	53602
section 3318.011 of the Revised Code.	53603

(4) Any project under this section shall comply with section	53604
3318.03 of the Revised Code and with any specifications for plans	53605
and materials for classroom facilities adopted by the commission	53606
under section 3318.04 of the Revised Code.	53607

(5) If a school district that enters into an agreement under	53608
this section has not begun a project applying local resources as	53609
provided for under that agreement at the time the district is	53610
notified by the commission that it is eligible to receive state	53611
assistance under sections 3318.01 to 3318.20 of the Revised Code,	53612
all assessment and agreement documents entered into under this	53613
section are void.	53614

(6) Only construction of or repairs to classroom facilities	53615
that have been approved by the commission and have been therefore	53616
included as part of a district's basic project cost qualify for	53617
application of local resources under this section.	53618

(C) Based on the results of on-site visits and assessment,	53619
the commission shall determine the basic project cost of the	53620
school district's classroom facilities needs. The commission shall	53621
determine the school district's portion of such basic project	53622
cost, which shall be the greater of:	53623

(1) The required percentage of the basic project costs,	53624
determined based on the school district's percentile ranking;	53625

(2) An amount necessary to raise the school district's net	53626
bonded indebtedness, as of the fiscal year the commission and the	53627
school district enter into the agreement under division (B) of	53628
this section, to within five thousand dollars of the required	53629
level of indebtedness.	53630

(D)(1) When the commission determines the basic project cost	53631
of the classroom facilities needs of a school district and the	53632
school district's portion of that basic project cost under	53633
division (C) of this section, the project shall be conditionally	53634
approved. Such conditional approval shall be submitted to the	53635
controlling board for approval thereof. The controlling board	53636
shall forthwith approve or reject the commission's determination,	53637
conditional approval, and the amount of the state's portion of the	53638
basic project cost; however, no state funds shall be encumbered	53639
under this section. Upon approval by the controlling board, the	53640
school district board may identify a discrete part of its	53641
classroom facilities needs, which shall include only new	53642
construction of or additions or major repairs to a particular	53643
building, to address with local resources. Upon identifying a part	53644
of the school district's basic project cost to address with local	53645
resources, the school district board may allocate any available	53646
school district moneys to pay the cost of that identified part,	53647
including the proceeds of an issuance of bonds if approved by the	53648
electors of the school district.	53649

All local resources utilized under this division shall first	53650
be deposited in the project construction account required under	53651
section 3318.08 of the Revised Code.	53652

(2) Unless the school district board exercises its option	53653
under division (D)(3) of this section, for a school district to	53654
qualify for participation in the program authorized under this	53655
section, one of the following conditions shall be satisfied:	53656

(a) The electors of the school district by a majority vote	53657
shall approve the levy of taxes outside the ten-mill limitation	53658
for a period of twenty-three years at the rate of not less than	53659
one-half mill for each dollar of valuation to be used to pay the	53660
cost of maintaining the classroom facilities included in the basic	53661
project cost as determined by the commission. The form of the	53662
ballot to be used to submit the question whether to approve the	53663
tax required under this division to the electors of the school	53664
district shall be the form for an additional levy of taxes	53665
prescribed in section 3318.361 of the Revised Code, which may be	53666
combined in a single ballot question with the questions prescribed	53667
under section 5705.218 of the Revised Code.	53668

(b) As authorized under division (C) of section 3318.05 of	53669
the Revised Code, the school district board shall earmark from the	53670
proceeds of a permanent improvement tax levied under section	53671
5705.21 of the Revised Code, an amount equivalent to the	53672
additional tax otherwise required under division (D)(2)(a) of this	53673
section for the maintenance of the classroom facilities included	53674
in the basic project cost as determined by the commission.	53675

(c) As authorized under section 3318.051 of the Revised Code,	53676
the school district board shall, if approved by the commission,	53677
annually transfer into the maintenance fund required under section	53678
3318.05 of the Revised Code the amount prescribed in section	53679
3318.051 of the Revised Code in lieu of the tax otherwise required	53680
under division (D)(2)(a) of this section for the maintenance of	53681
the classroom facilities included in the basic project cost as	53682
determined by the commission.	53683

(d) If the school district board has rescinded the agreement	53684
to make transfers under section 3318.051 of the Revised Code, as	53685
provided under division (F) of that section, the electors of the	53686
school district, in accordance with section 3318.063 of the	53687
Revised Code, first shall approve the levy of taxes outside the	53688
ten-mill limitation for the period specified in that section at a	53689
rate of not less than one-half mill for each dollar of valuation.	53690

(e) The school district board shall apply the proceeds of a	53691
tax to leverage bonds as authorized under section 3318.052 of the	53692
Revised Code or dedicate a local donated contribution in the	53693
manner described in division (B) of section 3318.084 of the	53694
Revised Code in an amount equivalent to the additional tax	53695
otherwise required under division (D)(2)(a) of this section for	53696
the maintenance of the classroom facilities included in the basic	53697
project cost as determined by the commission.	53698

(3) A school district board may opt to delay taking any of	53699
the actions described in division (D)(2) of this section until the	53700
school district becomes eligible for state assistance under	53701
sections 3318.01 to 3318.20 of the Revised Code. In order to	53702
exercise this option, the board shall certify to the commission a	53703
resolution indicating the board's intent to do so prior to	53704
entering into an agreement under division (B) of this section.	53705

(4) If pursuant to division (D)(3) of this section a district	53706
board opts to delay levying an additional tax until the district	53707
becomes eligible for state assistance, it shall submit the	53708
question of levying that tax to the district electors as follows:	53709

(a) In accordance with section 3318.06 of the Revised Code if	53710
it will also be necessary pursuant to division (E) of this section	53711
to submit a proposal for approval of a bond issue;	53712

(b) In accordance with section 3318.361 of the Revised Code	53713
if it is not necessary to also submit a proposal for approval of a	53714
bond issue pursuant to division (E) of this section.	53715

(5) No state assistance under sections 3318.01 to 3318.20 of	53716
the Revised Code shall be released until a school district board	53717
that adopts and certifies a resolution under division (D) of this	53718
section also demonstrates to the satisfaction of the commission	53719
compliance with the provisions of division (D)(2) of this section.	53720

Any amount required for maintenance under division (D)(2) of	53721
this section shall be deposited into a separate fund as specified	53722
in division (B) of section 3318.05 of the Revised Code.	53723

(E)(1) If the school district becomes eligible for state	53724
assistance under sections 3318.01 to 3318.20 of the Revised Code	53725
based on its percentile ranking under division (B)(3) of this	53726
section, the commission shall conduct a new assessment of the	53727
school district's classroom facilities needs and shall recalculate	53728
the basic project cost based on this new assessment. The basic	53729
project cost recalculated under this division shall include the	53730
amount of expenditures made by the school district board under	53731
division (D)(1) of this section. The commission shall then	53732
recalculate the school district's portion of the new basic project	53733
cost, which shall be one of the following as applicable:	53734

(a) Except for a tangible personal property phase-out	53735
impacted district, the percentage of the original basic project	53736
cost assigned to the school district as its portion under division	53737
(C) of this section;	53738

(b) For a tangible personal property phase-out impacted	53739
district, the lesser of (i) the percentage of the original basic	53740
project cost assigned to the school district as its portion under	53741
division (C) of this section, or (ii) the percentage of the new	53742
basic project cost determined under section 3318.032 of the	53743
Revised Code using the district's current percentile ranking under	53744
section 3318.011 of the Revised Code. ~~The~~	53745

The commission shall deduct the expenditure of school	53746
district moneys made under division (D)(1) of this section from	53747
the school district's portion of the basic project cost as	53748
recalculated under this division. If the amount of school district	53749
resources applied by the school district board to the school	53750
district's portion of the basic project cost under this section is	53751
less than the total amount of such portion as recalculated under	53752
this division, the school district board by a majority vote of all	53753
of its members shall, if it desires to seek state assistance under	53754
sections 3318.01 to 3318.20 of the Revised Code, adopt a	53755
resolution as specified in section 3318.06 of the Revised Code to	53756
submit to the electors of the school district the question of	53757
approval of a bond issue in order to pay any additional amount of	53758
school district portion required for state assistance. Any tax	53759
levy approved under division (D) of this section satisfies the	53760
requirements to levy the additional tax under section 3318.06 of	53761
the Revised Code.	53762

(2) If the amount of school district resources applied by the	53763
school district board to the school district's portion of the	53764
basic project cost under this section is more than the total	53765
amount of such portion as recalculated under ~~this~~ division (E)(1)	53766
of this section, within one year after the school district's	53767
portion is so recalculated ~~under division (E)(1) of this section~~	53768
the commission may grant to the school district the difference	53769
between the two calculated portions, but at no time shall the	53770
commission expend any state funds on a project in an amount	53771
greater than the state's portion of the basic project cost as	53772
recalculated under ~~this~~ division (E)(1) of this section.	53773

Any reimbursement under this division shall be only for local	53774
resources the school district has applied toward construction cost	53775
expenditures for the classroom facilities approved by the	53776
commission, which shall not include any financing costs associated	53777
with that construction.	53778

The school district board shall use any moneys reimbursed to	53779
the district under this division to pay off any debt service the	53780
district owes for classroom facilities constructed under its	53781
project under this section before such moneys are applied to any	53782
other purpose. However, the district board first may deposit	53783
moneys reimbursed under this division into the district's general	53784
fund or a permanent improvement fund to replace local resources	53785
the district withdrew from those funds, as long as, and to the	53786
extent that, those local resources were used by the district for	53787
constructing classroom facilities included in the district's basic	53788
project cost.	53789

(3) A tangible personal property phase-out impacted district	53790
shall receive credit under division (E) of this section for the	53791
expenditure of local resources pursuant to any prior agreement	53792
authorized by this section, notwithstanding any recalculation of	53793
its average taxable value.	53794

Sec. 3318.37. (A)(1) As used in this section:

53795

(a) "Large land area school district" means a school district	53796
with a territory of greater than three hundred square miles in any	53797
percentile as determined under section 3318.011 of the Revised	53798
Code.	53799

(b) "Low wealth school district" means a school district in	53800
the first through seventy-fifth percentiles as determined under	53801
section 3318.011 of the Revised Code.	53802

(c) A "school district with an exceptional need for immediate	53803
classroom facilities assistance" means a low wealth or large land	53804
area school district with an exceptional need for new facilities	53805
in order to protect the health and safety of all or a portion of	53806
its students.	53807

(2) ~~No school district reasonably expected to be eligible for~~	53808
~~state assistance under sections 3318.01 to 3318.20 of the Revised~~	53809
~~Code within three fiscal years after the year of the application~~	53810
~~for assistance under this section shall be eligible for assistance~~	53811
~~under this section, unless the district's entire classroom~~	53812
~~facilities plan consists of only a single building designed to~~	53813
~~house grades kindergarten through twelve and the district~~	53814
~~satisfies the conditions prescribed in divisions (A)(3)(a) and (b)~~	53815
~~of this section.~~	53816

~~(3)~~ No school district that participates in the school	53817
building assistance expedited local partnership program under	53818
section 3318.36 of the Revised Code shall receive assistance under	53819
the program established under this section unless the following	53820
conditions are satisfied:	53821

(a) The district board adopted a resolution certifying its	53822
intent to participate in the school building assistance expedited	53823
local partnership program under section 3318.36 of the Revised	53824
Code prior to September 14, 2000.	53825

(b) The district was selected by the Ohio school facilities	53826
commission for participation in the school building assistance	53827
expedited local partnership program under section 3318.36 of the	53828
Revised Code in the manner prescribed by the commission under that	53829
section as it existed prior to September 14, 2000.	53830

(B)(1) There is hereby established the exceptional needs	53831
school facilities assistance program. Under the program, the Ohio	53832
school facilities commission may set aside from the moneys	53833
annually appropriated to it for classroom facilities assistance	53834
projects up to twenty-five per cent for assistance to school	53835
districts with exceptional needs for immediate classroom	53836
facilities assistance.	53837

(2)(a) After consulting with education and construction	53838
experts, the commission shall adopt guidelines for identifying	53839
school districts with an exceptional need for immediate classroom	53840
facilities assistance.	53841

(b) The guidelines shall include application forms and	53842
instructions for school districts to use in applying for	53843
assistance under this section.	53844

(3) The commission shall evaluate the classroom facilities,	53845
and the need for replacement classroom facilities from the	53846
applications received under this section. The commission,	53847
utilizing the guidelines adopted under division (B)(2)(a) of this	53848
section, shall prioritize the school districts to be assessed.	53849

Notwithstanding section 3318.02 of the Revised Code, the	53850
commission may conduct on-site evaluation of the school districts	53851
prioritized under this section and approve and award funds until	53852
such time as all funds set aside under division (B)(1) of this	53853
section have been encumbered. However, the commission need not	53854
conduct the evaluation of facilities if the commission determines	53855
that a district's assessment conducted under section 3318.36 of	53856
the Revised Code is sufficient for purposes of this section.	53857

(4) Notwithstanding division (A) of section 3318.05 of the	53858
Revised Code, the school district's portion of the basic project	53859
cost under this section shall be the "required percentage of the	53860
basic project costs," as defined in division (K) of section	53861
3318.01 of the Revised Code.	53862

(5) Except as otherwise specified in this section, any	53863
project undertaken with assistance under this section shall comply	53864
with all provisions of sections 3318.01 to 3318.20 of the Revised	53865
Code. A school district may receive assistance under sections	53866
3318.01 to 3318.20 of the Revised Code for the remainder of the	53867
district's classroom facilities needs as assessed under this	53868
section when the district is eligible for such assistance pursuant	53869
to section 3318.02 of the Revised Code, but any classroom facility	53870
constructed with assistance under this section shall not be	53871
included in a district's project at that time unless the	53872
commission determines the district has experienced the increased	53873
enrollment specified in division (B)(1) of section 3318.04 of the	53874
Revised Code.	53875

(C) No school district shall receive assistance under this	53876
section for a classroom facility that has been included in the	53877
discrete part of the district's classroom facilities needs	53878
identified and addressed in the district's project pursuant to an	53879
agreement entered into under section 3318.36 of the Revised Code,	53880
unless the district's entire classroom facilities plan consists of	53881
only a single building designed to house grades kindergarten	53882
through twelve.	53883

Sec. 3318.371. The Ohio school facilities commission may	53884
provide assistance under the exceptional needs school facilities	53885
program established by section 3318.37 of the Revised Code to any	53886
school district for the purpose of the relocation or replacement	53887
of classroom facilities required as a result of any contamination	53888
of air, soil, or water that impacts the occupants of the facility.	53889
Assistance under this section is not limited to school districts	53890
in the first through seventy-fifth percentiles as determined under	53891
section 3318.011 of the Revised Code.	53892

The commission shall make a determination in accordance with	53893
guidelines adopted by the commission regarding eligibility and	53894
funding for projects under this section. The commission may	53895
contract with an independent environmental consultant to conduct a	53896
study to assist the commission in making the determination.	53897

If the federal government or other public or private entity	53898
provides funds for restitution of costs incurred by the state or	53899
school district in the relocation or replacement of the classroom	53900
facilities, the school district shall use such funds in excess of	53901
the school district's share to refund the state for the state's	53902
contribution to the environmental contamination portion of the	53903
project. The school district may apply an amount of such	53904
restitution funds up to an amount equal to the school district's	53905
portion of the project, as defined by the commission, toward	53906
paying its portion of that project to reduce the amount of bonds	53907
the school district otherwise must issue to receive state	53908
assistance under sections 3318.01 to 3318.20 of the Revised Code.	53909

Sec. 3318.38. (A) As used in this section, "big-eight school	53910
district" has the same meaning as in section 3314.02 of the	53911
Revised Code.	53912

(B) There is hereby established the accelerated urban school	53913
building assistance program. Under the program, notwithstanding	53914
section 3318.02 of the Revised Code, any big-eight school district	53915
that has not been approved to receive assistance under sections	53916
3318.01 to 3318.20 of the Revised Code by July 1, 2002, may	53917
beginning on that date apply for approval of and be approved for	53918
such assistance. Except as otherwise provided in this section, any	53919
project approved and undertaken pursuant to this section shall	53920
comply with all provisions of sections 3318.01 to 3318.20 of the	53921
Revised Code.	53922

The Ohio school facilities commission shall provide	53923
assistance to any big-eight school district eligible for	53924
assistance under this section in the following manner:	53925

(1) Notwithstanding section 3318.02 of the Revised Code:

53926

(a) Not later than June 30, 2002, the commission shall	53927
conduct an on-site visit and shall assess the classroom facilities	53928
needs of each big-eight school district eligible for assistance	53929
under this section;	53930

(b) Beginning July 1, 2002, any big-eight school district	53931
eligible for assistance under this section may apply to the	53932
commission for conditional approval of its project as determined	53933
by the assessment conducted under division (B)(1)(a) of this	53934
section. The commission may conditionally approve that project and	53935
submit it to the controlling board for approval pursuant to	53936
section 3318.04 of the Revised Code.	53937

(2) If the controlling board approves the project of a	53938
big-eight school district eligible for assistance under this	53939
section, the commission and the school district shall enter into	53940
an agreement as prescribed in section 3318.08 of the Revised Code.	53941
Any agreement executed pursuant to this division shall include any	53942
applicable segmentation provisions as approved by the commission	53943
under division (B)(3) of this section.	53944

(3) Notwithstanding any provision to the contrary in sections	53945
3318.05, 3318.06, and 3318.08 of the Revised Code, a big-eight	53946
school district eligible for assistance under this section may	53947
with the approval of the commission opt to divide the project as	53948
approved under division (B)(1)(b) of this section into discrete	53949
segments to be completed sequentially. Any project divided into	53950
segments shall comply with all other provisions of sections	53951
3318.05, 3318.06, and 3318.08 of the Revised Code except as	53952
otherwise specified in this division.	53953

If a project is divided into segments under this division:

53954

(a) The school district need raise only the amount equal to	53955
its proportionate share, as determined under section 3318.032 of	53956
the Revised Code, of each segment at any one time and may seek	53957
voter approval of each segment separately;	53958

(b) The state's proportionate share, as determined under	53959
section 3318.032 of the Revised Code, of only the segment which	53960
has been approved by the school district electors or for which the	53961
district has applied a local donated contribution under section	53962
3318.084 of the Revised Code shall be encumbered in accordance	53963
with section 3318.11 of the Revised Code. Encumbrance of	53964
additional amounts to cover the state's proportionate share of	53965
later segments shall be approved separately as they are approved	53966
by the school district electors or as the district applies a local	53967
donated contribution to the segments under section 3318.084 of the	53968
Revised Code.	53969

(c) The school district's maintenance levy requirement, as	53970
defined in section 3318.18 of the Revised Code, shall run for	53971
twenty-three years from the date the first segment is undertaken.	53972

~~(4) For any project under this section~~(C) In accordance with	53973
division (R) of section 3318.08 of the Revised Code, the state	53974
funds reserved and encumbered and the funds provided by the school	53975
district to pay the basic project cost of any segment of the	53976
project under this section, or of the entire project if it is not	53977
divided into segments, shall be spent on the construction and	53978
acquisition of the project simultaneously in proportion to the	53979
state's and the school district's respective shares of that basic	53980
project cost as determined under section 3318.032 of the Revised	53981
Code.	53982

Sec. 3318.41. (A)(1) The Ohio school facilities commission	53983
annually shall assess the classroom facilities needs of the number	53984
of joint vocational school districts that the commission	53985
reasonably expects to be able to provide assistance to in a fiscal	53986
year, based on the amount set aside for that fiscal year under	53987
division (B) of section 3318.40 of the Revised Code and the order	53988
of priority prescribed in division (B) of section 3318.42 of the	53989
Revised Code, except that in fiscal year 2004 the commission shall	53990
conduct at least the five assessments prescribed in division (E)	53991
of section 3318.40 of the Revised Code.	53992

Upon conducting an assessment of the classroom facilities	53993
needs of a school district, the commission shall make a	53994
determination of all of the following:	53995

(a) The number of classroom facilities to be included in a	53996
project and the basic project cost of acquiring the classroom	53997
facilities included in the project. The number of facilities and	53998
basic project cost shall be determined in accordance with the	53999
specifications adopted under section 3318.311 of the Revised Code	54000
except to the extent that compliance with such specifications is	54001
waived by the commission pursuant to the rule of the commission	54002
adopted under division (F) of section 3318.40 of the Revised Code.	54003

(b) The school district's portion of the basic project cost	54004
as determined under division (C) of section 3318.42 of the Revised	54005
Code;	54006

(c) The remaining portion of the basic project cost that	54007
shall be supplied by the state;	54008

(d) The amount of the state's portion of the basic project	54009
cost to be encumbered in accordance with section 3318.11 of the	54010
Revised Code in the current and subsequent fiscal years from funds	54011
set aside under division (B) of section 3318.40 of the Revised	54012
Code.	54013

(2) Divisions (A), (C), and (D) of section 3318.03 of the	54014
Revised Code apply to any project under sections 3318.40 to	54015
3318.45 of the Revised Code.	54016

(B)(1) If the commission makes a determination under division	54017
(A) of this section in favor of the acquisition of classroom	54018
facilities for a project under sections 3318.40 to 3318.45 of the	54019
Revised Code, such project shall be conditionally approved. Such	54020
conditional approval shall be submitted to the controlling board	54021
for approval. The controlling board shall immediately approve or	54022
reject the commission's determination, conditional approval, the	54023
amount of the state's portion of the basic project cost, and the	54024
amount of the state's portion of the basic project cost to be	54025
encumbered in the current fiscal year. In the event of approval by	54026
the controlling board, the commission shall certify the	54027
conditional approval to the joint vocational school district board	54028
of education and shall encumber the approved funds for the current	54029
fiscal year.	54030

(2) No school district that receives assistance under	54031
sections 3318.40 to 3318.45 of the Revised Code shall have another	54032
such project conditionally approved until the expiration of twenty	54033
years after the school district's prior project was conditionally	54034
approved, unless the school district board demonstrates to the	54035
satisfaction of the commission that the school district has	54036
experienced since conditional approval of its prior project an	54037
exceptional increase in enrollment or program requirements	54038
significantly above the school district's design capacity under	54039
that prior project as determined by rule of the commission. Any	54040
rule adopted by the commission to implement this division shall be	54041
tailored to address the classroom facilities needs of joint	54042
vocational school districts.	54043

(C) In addition to generating the amount of the school	54044
district's portion of the basic project cost as determined under	54045
division (C) of section 3318.42 of the Revised Code, in order for	54046
a school district to receive assistance under sections 3318.40 to	54047
3318.45 of the Revised Code, the school district board shall set	54048
aside school district moneys for the maintenance of the classroom	54049
facilities included in the school district's project in the amount	54050
and manner prescribed in section 3318.43 of the Revised Code.	54051

(D)(1) The conditional approval for a project certified under	54052
division (B)(1) of this section shall lapse and the amount	54053
reserved and encumbered for such project shall be released unless	54054
both of the following conditions are satisfied:	54055

(a) Within one hundred twenty days following the date of	54056
certification of the conditional approval to the joint vocational	54057
school district board, the school district board accepts the	54058
conditional approval and certifies to the commission the school	54059
district board's plan to generate the school district's portion of	54060
the basic project cost, as determined under division (C) of	54061
section 3318.42 of the Revised Code, and to set aside moneys for	54062
maintenance of the classroom facilities acquired under the	54063
project, as prescribed in section 3318.43 of the Revised Code.	54064

(b) Within ~~one year~~thirteen months following the date of	54065
certification of the conditional approval to the school district	54066
board, the electors of the school district vote favorably on any	54067
ballot measures proposed by the school district board to generate	54068
the school district's portion of the basic project cost.	54069

(2) If the school district board or electors fail to satisfy	54070
the conditions prescribed in division (D)(1) of this section and	54071
the amount reserved and encumbered for the school district's	54072
project is released, the school district shall be given first	54073
priority over other joint vocational school districts for project	54074
funding under sections 3318.40 to 3318.45 of the Revised Code as	54075
such funds become available, subject to section 3318.054 of the	54076
Revised Code.	54077

(E) If the conditions prescribed in division (D)(1) of this	54078
section are satisfied, the commission and the school district	54079
board shall enter into an agreement as prescribed in section	54080
3318.08 of the Revised Code and shall proceed with the development	54081
of plans, cost estimates, designs, drawings, and specifications as	54082
prescribed in section 3318.091 of the Revised Code.	54083

(F) Costs in excess of those approved by the commission under	54084
section 3318.091 of the Revised Code shall be payable only as	54085
provided in sections 3318.042 and 3318.083 of the Revised Code.	54086

(G) Advertisement for bids and the award of contracts for	54087
construction of any project under sections 3318.40 to 3318.45 of	54088
the Revised Code shall be conducted in accordance with section	54089
3318.10 of the Revised Code.	54090

(H) ~~The~~In accordance with division (R) of section 3318.08 of	54091
the Revised Code, the state funds reserved and encumbered and the	54092
funds provided by the school district to pay the basic project	54093
cost of a project under sections 3318.40 to 3318.45 of the Revised	54094
Code shall be spent simultaneously in proportion to the state's	54095
and the school district's respective portions of that basic	54096
project cost.	54097

(I) Sections 3318.13, 3318.14, and 3318.16 of the Revised	54098
Code apply to projects under sections 3318.40 to 3318.45 of the	54099
Revised Code.	54100

Sec. 3318.48. (A) When all of the following have occurred, a	54101
project undertaken by a school district pursuant to this chapter	54102
shall be considered complete and the Ohio school facilities	54103
commission shall issue a certificate of completion to the district	54104
board of education:	54105

(1) All facilities to be constructed under the project, as	54106
specified in the project agreement entered into under section	54107
3318.08 of the Revised Code, have been completed and the board has	54108
received a permanent certificate of occupancy for each of those	54109
facilities.	54110

(2) The commission has issued certificates of contract	54111
completion on all prime construction contracts entered into by the	54112
board under section 3318.10 of the Revised Code.	54113

(3) The commission has completed a final accounting of the	54114
district's project construction fund and has determined that all	54115
payments from the fund were made in compliance with all policies	54116
of the commission.	54117

(4) Any litigation concerning the project has been finally	54118
resolved with no chance of appeal.	54119

(5) All construction management services typically provided	54120
by the commission to school districts have been delivered and the	54121
commission has canceled any remaining encumbrance of funds for	54122
those services.	54123

(B) The commission may issue a certificate of completion to a	54124
district board prior to all of the conditions described in	54125
division (A) of this section being satisfied, if the commission	54126
determines that the circumstances preventing the conditions from	54127
being satisfied are so minor in nature that the project should be	54128
considered complete. When issuing a certificate of completion	54129
under this division, the commission may specify any of the	54130
following:	54131

(1) Any construction or work that has yet to be completed and	54132
the manner in which the board shall oversee its completion, which	54133
may include procedures for reporting progress to the commission	54134
and for accounting of expenditures;	54135

(2) Terms and conditions for the resolution of any pending	54136
litigation;	54137

(3) Any remaining responsibilities of the construction	54138
manager regarding the project.	54139

(C) The commission may issue a certificate of completion to a	54140
district board that does not voluntarily participate in the	54141
process of closing out the district's project, if the construction	54142
manager for the project verifies that all facilities to be	54143
constructed under the project, as specified in the project	54144
agreement entered into under section 3318.08 of the Revised Code,	54145
have been completed and the commission determines that those	54146
facilities have been occupied for at least one year. In that case,	54147
all funds due to the commission under division (C) of section	54148
3318.12 of the Revised Code shall be returned to the commission	54149
not later than thirty days after receipt of the certificate of	54150
completion. If the funds due to the commission have not been	54151
returned within sixty days after receipt of the certificate of	54152
completion, the auditor of state shall issue a finding for	54153
recovery against the school district and shall request legal	54154
action under section 117.42 of the Revised Code.	54155

(D) Upon issuance of a certificate of completion under this	54156
section, the commission's ownership of and interest in the	54157
project, as specified in division (F) of section 3318.08 of the	54158
Revised Code, shall cease. This cessation shall not alter or	54159
otherwise affect the state's or commission's interest in the	54160
project or any limitations on the use of the project as specified	54161
in the project agreement pursuant to divisions (G), (M), and (N)	54162
of that section or as specified in section 3318.16 of the Revised	54163
Code.	54164

Sec. 3318.60. (A) As used in this section:

54165

(1) "Acquisition of classroom facilities" means constructing,	54166
reconstructing, repairing, or making additions to classroom	54167
facilities.	54168

(2) "Ohio school facilities commission" and "classroom	54169
facilities" have the same meanings as in section 3318.01 of the	54170
Revised Code.	54171

(B) There is hereby established the college-preparatory	54172
boarding school facilities program. Under the program, the Ohio	54173
school facilities commission shall provide assistance to the	54174
boards of trustees of college-preparatory boarding schools	54175
established under Chapter 3328. of the Revised Code for the	54176
acquisition of classroom facilities.	54177

(C) To be eligible for assistance under this program, a board	54178
of trustees shall secure at least twenty million dollars of	54179
private money to satisfy its share of facilities acquisition. A	54180
board of trustees that receives assistance under the program shall	54181
fund the acquisition of residential facilities and any other	54182
facilities other than classroom facilities through private means.	54183

(D) The lease payments made by the boards of trustees of	54184
college-preparatory boarding schools receiving assistance under	54185
the program shall be deposited into the state treasury and	54186
credited to the common schools capital facilities bond service	54187
fund created in section 151.03 of the Revised Code.	54188

(E) The acquisition of classroom facilities with assistance	54189
provided under the program shall not be subject to sections	54190
3318.01 to 3318.20 of the Revised Code.	54191

(F) Within the ninety-day period immediately following the	54192
effective date of this section, the commission shall adopt rules	54193
necessary for the implementation and administration of the	54194
program.	54195

Sec. 3319.02. (A)(1) As used in this section, "other	54196
administrator" means any of the following:	54197

(a) Except as provided in division (A)(2) of this section,	54198
any employee in a position for which a board of education requires	54199
a license designated by rule of the department of education for	54200
being an administrator issued under section 3319.22 of the Revised	54201
Code, including a professional pupil services employee or	54202
administrative specialist or an equivalent of either one who is	54203
not employed as a school counselor and spends less than fifty per	54204
cent of the time employed teaching or working with students;	54205

(b) Any nonlicensed employee whose job duties enable such	54206
employee to be considered as either a "supervisor" or a	54207
"management level employee," as defined in section 4117.01 of the	54208
Revised Code;	54209

(c) A business manager appointed under section 3319.03 of the	54210
Revised Code.	54211

(2) As used in this section, "other administrator" does not	54212
include a superintendent, assistant superintendent, principal, or	54213
assistant principal.	54214

(B) The board of education of each school district and the	54215
governing board of an educational service center may appoint one	54216
or more assistant superintendents and such other administrators as	54217
are necessary. An assistant educational service center	54218
superintendent or service center supervisor employed on a	54219
part-time basis may also be employed by a local board as a	54220
teacher. The board of each city, exempted village, and local	54221
school district shall employ principals for all high schools and	54222
for such other schools as the board designates, and those boards	54223
may appoint assistant principals for any school that they	54224
designate.	54225

(C) In educational service centers and in city, exempted	54226
village, and local school districts, assistant superintendents,	54227
principals, assistant principals, and other administrators shall	54228
only be employed or reemployed in accordance with nominations of	54229
the superintendent, except that a board of education of a school	54230
district or the governing board of a service center, by a	54231
three-fourths vote of its full membership, may reemploy any	54232
assistant superintendent, principal, assistant principal, or other	54233
administrator whom the superintendent refuses to nominate.	54234

The board of education or governing board shall execute a	54235
written contract of employment with each assistant superintendent,	54236
principal, assistant principal, and other administrator it employs	54237
or reemploys. The term of such contract shall not exceed three	54238
years except that in the case of a person who has been employed as	54239
an assistant superintendent, principal, assistant principal, or	54240
other administrator in the district or center for three years or	54241
more, the term of the contract shall be for not more than five	54242
years and, unless the superintendent of the district recommends	54243
otherwise, not less than two years. If the superintendent so	54244
recommends, the term of the contract of a person who has been	54245
employed by the district or service center as an assistant	54246
superintendent, principal, assistant principal, or other	54247
administrator for three years or more may be one year, but all	54248
subsequent contracts granted such person shall be for a term of	54249
not less than two years and not more than five years. When a	54250
teacher with continuing service status becomes an assistant	54251
superintendent, principal, assistant principal, or other	54252
administrator with the district or service center with which the	54253
teacher holds continuing service status, the teacher retains such	54254
status in the teacher's nonadministrative position as provided in	54255
sections 3319.08 and 3319.09 of the Revised Code.	54256

A board of education or governing board may reemploy an	54257
assistant superintendent, principal, assistant principal, or other	54258
administrator at any regular or special meeting held during the	54259
period beginning on the first day of January of the calendar year	54260
immediately preceding the year of expiration of the employment	54261
contract and ending on the last day of March of the year the	54262
employment contract expires.	54263

Except by mutual agreement of the parties thereto, no	54264
assistant superintendent, principal, assistant principal, or other	54265
administrator shall be transferred during the life of a contract	54266
to a position of lesser responsibility. No contract may be	54267
terminated by a board except pursuant to section 3319.16 of the	54268
Revised Code. No contract may be suspended except pursuant to	54269
section 3319.17 or 3319.171 of the Revised Code. The salaries and	54270
compensation prescribed by such contracts shall not be reduced by	54271
a board unless such reduction is a part of a uniform plan	54272
affecting the entire district or center. The contract shall	54273
specify the employee's administrative position and duties as	54274
included in the job description adopted under division (D) of this	54275
section, the salary and other compensation to be paid for	54276
performance of duties, the number of days to be worked, the number	54277
of days of vacation leave, if any, and any paid holidays in the	54278
contractual year.	54279

An assistant superintendent, principal, assistant principal,	54280
or other administrator is, at the expiration of the current term	54281
of employment, deemed reemployed at the same salary plus any	54282
increments that may be authorized by the board, unless such	54283
employee notifies the board in writing to the contrary on or	54284
before the first day of June, or unless such board, on or before	54285
the last day of March of the year in which the contract of	54286
employment expires, either reemploys such employee for a	54287
succeeding term or gives written notice of its intention not to	54288
reemploy the employee. The term of reemployment of a person	54289
reemployed under this paragraph shall be one year, except that if	54290
such person has been employed by the school district or service	54291
center as an assistant superintendent, principal, assistant	54292
principal, or other administrator for three years or more, the	54293
term of reemployment shall be two years.	54294

(D)(1) Each board shall adopt procedures for the evaluation	54295
of all assistant superintendents, principals, assistant	54296
principals, and other administrators and shall evaluate such	54297
employees in accordance with those procedures. The procedures for	54298
the evaluation of principals shall be based on principles	54299
comparable to the teacher evaluation policy adopted by the board	54300
under section 3319.111 of the Revised Code, including the	54301
requirement for at least fifty per cent of each evaluation to be	54302
based on measures of student academic growth, but shall be	54303
tailored to the duties and responsibilities of principals and the	54304
environment in which principals work. An evaluation based upon	54305
~~such~~ procedures adopted under this division shall be considered by	54306
the board in deciding whether to renew the contract of employment	54307
of an assistant superintendent, principal, assistant principal, or	54308
other administrator. In the case of a principal, the evaluation	54309
also shall be considered in making decisions about compensation,	54310
termination, reductions in force, and professional development.	54311

(2) The evaluation shall measure each assistant	54312
superintendent's, principal's, assistant principal's, and other	54313
administrator's effectiveness in performing the duties included in	54314
the job description and the evaluation procedures shall provide	54315
for, but not be limited to, the following:	54316

(a) Each assistant superintendent, principal, assistant	54317
principal, and other administrator shall be evaluated annually	54318
through a written evaluation process.	54319

(b) The evaluation shall be conducted by the superintendent	54320
or designee.	54321

(c) In order to provide time to show progress in correcting	54322
the deficiencies identified in the evaluation process, the	54323
evaluation process shall be completed as follows:	54324

(i) In any school year that the employee's contract of	54325
employment is not due to expire, at least one evaluation shall be	54326
completed in that year. A written copy of the evaluation shall be	54327
provided to the employee no later than the end of the employee's	54328
contract year as defined by the employee's annual salary notice.	54329

(ii) In any school year that the employee's contract of	54330
employment is due to expire, at least a preliminary evaluation and	54331
at least a final evaluation shall be completed in that year. A	54332
written copy of the preliminary evaluation shall be provided to	54333
the employee at least sixty days prior to any action by the board	54334
on the employee's contract of employment. The final evaluation	54335
shall indicate the superintendent's intended recommendation to the	54336
board regarding a contract of employment for the employee. A	54337
written copy of the evaluation shall be provided to the employee	54338
at least five days prior to the board's acting to renew or not	54339
renew the contract.	54340

(3) Termination of an assistant superintendent, principal,	54341
assistant principal, or other administrator's contract shall be	54342
pursuant to section 3319.16 of the Revised Code. Suspension of any	54343
such employee shall be pursuant to section 3319.17 or 3319.171 of	54344
the Revised Code.	54345

(4) Before taking action to renew or nonrenew the contract of	54346
an assistant superintendent, principal, assistant principal, or	54347
other administrator under this section and prior to the last day	54348
of March of the year in which such employee's contract expires,	54349
the board shall notify each such employee of the date that the	54350
contract expires and that the employee may request a meeting with	54351
the board. Upon request by such an employee, the board shall grant	54352
the employee a meeting in executive session. In that meeting, the	54353
board shall discuss its reasons for considering renewal or	54354
nonrenewal of the contract. The employee shall be permitted to	54355
have a representative, chosen by the employee, present at the	54356
meeting.	54357

(5) The establishment of an evaluation procedure shall not	54358
create an expectancy of continued employment. Nothing in division	54359
(D) of this section shall prevent a board from making the final	54360
determination regarding the renewal or nonrenewal of the contract	54361
of any assistant superintendent, principal, assistant principal,	54362
or other administrator. However, if a board fails to provide	54363
evaluations pursuant to division (D)(2)(c)(i) or (ii) of this	54364
section, or if the board fails to provide at the request of the	54365
employee a meeting as prescribed in division (D)(4) of this	54366
section, the employee automatically shall be reemployed at the	54367
same salary plus any increments that may be authorized by the	54368
board for a period of one year, except that if the employee has	54369
been employed by the district or service center as an assistant	54370
superintendent, principal, assistant principal, or other	54371
administrator for three years or more, the period of reemployment	54372
shall be for two years.	54373

(E) On nomination of the superintendent of a service center a	54374
governing board may employ supervisors who shall be employed under	54375
written contracts of employment for terms not to exceed five years	54376
each. Such contracts may be terminated by a governing board	54377
pursuant to section 3319.16 of the Revised Code. Any supervisor	54378
employed pursuant to this division may terminate the contract of	54379
employment at the end of any school year after giving the board at	54380
least thirty days' written notice prior to such termination. On	54381
the recommendation of the superintendent the contract or contracts	54382
of any supervisor employed pursuant to this division may be	54383
suspended for the remainder of the term of any such contract	54384
pursuant to section 3319.17 or 3319.171 of the Revised Code.	54385

(F) A board may establish vacation leave for any individuals	54386
employed under this section. Upon such an individual's separation	54387
from employment, a board that has such leave may compensate such	54388
an individual at the individual's current rate of pay for all	54389
lawfully accrued and unused vacation leave credited at the time of	54390
separation, not to exceed the amount accrued within three years	54391
before the date of separation. In case of the death of an	54392
individual employed under this section, such unused vacation leave	54393
as the board would have paid to the individual upon separation	54394
under this section shall be paid in accordance with section	54395
2113.04 of the Revised Code, or to the estate.	54396

(G) The board of education of any school district may	54397
contract with the governing board of the educational service	54398
center from which it otherwise receives services to conduct	54399
searches and recruitment of candidates for assistant	54400
superintendent, principal, assistant principal, and other	54401
administrator positions authorized under this section.	54402

Sec. 3319.08. (A) The board of education of each city,	54403
exempted village, local, and joint vocational school district and	54404
the governing board of each educational service center shall enter	54405
into written contracts for the employment and reemployment of all	54406
teachers. Contracts for the employment of teachers shall be of two	54407
types, limited contracts and continuing contracts. The board of	54408
each school district or service center that authorizes	54409
compensation in addition to the ~~base~~ salary ~~stated in the~~	54410
~~teachers' salary schedule~~paid under section 3317.14 or 3317.141	54411
of the Revised Code for the performance of duties by a teacher	54412
that are in addition to the teacher's regular teaching duties,	54413
shall enter into a supplemental written contract with each teacher	54414
who is to perform additional duties. Such supplemental written	54415
contracts shall be limited contracts. Such written contracts and	54416
supplemental written contracts shall set forth the teacher's	54417
duties and shall specify the salaries and compensation to be paid	54418
for regular teaching duties and additional teaching duties,	54419
respectively, either or both of which may be increased but not	54420
diminished during the term for which the contract is made, except	54421
as provided in section 3319.12 of the Revised Code.	54422

If a board adopts a motion or resolution to employ a teacher	54423
under a limited or continuing contract and the teacher accepts	54424
such employment, the failure of such parties to execute a written	54425
contract shall not void such employment contract.	54426

(B) Teachers must be paid for all time lost when the schools	54427
in which they are employed are closed due to an epidemic or other	54428
public calamity, and for time lost due to illness or otherwise for	54429
not less than five days annually as authorized by regulations	54430
which each board shall adopt.	54431

54432

(1) For a superintendent, a contract for such term as	54433
authorized by section 3319.01 of the Revised Code;	54434

(2) For an assistant superintendent, principal, assistant	54435
principal, or other administrator, a contract for such term as	54436
authorized by section 3319.02 of the Revised Code;	54437

(3) For a classroom teacher, a contract for a term not to	54438
exceed the following:	54439

(a) Five years, in the case of a contract entered into prior	54440
to the effective date of this amendment;	54441

(b) A term as authorized in division (D) of this section, in	54442
the case of a contract entered into on or after the effective date	54443
of this amendment.	54444

(4) For all other teachers, a contract for a term not to	54445
exceed five years.	54446

(D) The term of an initial limited contract for a classroom	54447
teacher described in division (C)(3)(b) of this section shall not	54448
exceed three years. Any subsequent limited contract entered into	54449
with that classroom teacher shall be for a term of not less than	54450
two years and not more than five years.	54451

(E) A continuing contract is a contract that remains in	54452
effect until the teacher resigns, elects to retire, or is retired	54453
pursuant to former section 3307.37 of the Revised Code, or becomes	54454
subject to division (F) of section 3319.111 of the Revised Code,	54455
or until it is terminated or suspended and shall be granted only	54456
to the following:	54457

(1) Any teacher holding a professional, permanent, or life	54458
teacher's certificate;	54459

(2) Any teacher who ~~meets~~met the following conditions prior	54460
to the effective date of this amendment:	54461

(a) The teacher was initially issued a teacher's certificate	54462
or educator license prior to January 1, 2011.	54463

(b) The teacher ~~holds~~held a professional educator license	54464
issued under section 3319.22 or 3319.222 or former section 3319.22	54465
of the Revised Code or a senior professional educator license or	54466
lead professional educator license issued under section 3319.22 of	54467
the Revised Code.	54468

(c) The teacher ~~has~~had completed the applicable one of the	54469
following:	54470

(i) If the teacher did not hold a master's degree at the time	54471
of initially receiving a teacher's certificate under former law or	54472
an educator license, thirty semester hours of coursework in the	54473
area of licensure or in an area related to the teaching field	54474
since the initial issuance of such certificate or license, as	54475
specified in rules which the state board of education shall adopt;	54476

(ii) If the teacher held a master's degree at the time of	54477
initially receiving a teacher's certificate under former law or an	54478
educator license, six semester hours of graduate coursework in the	54479
area of licensure or in an area related to the teaching field	54480
since the initial issuance of such certificate or license, as	54481
specified in rules which the state board shall adopt.	54482

~~(3) Any teacher who meets the following conditions:~~

54483

~~(a) The teacher never held a teacher's certificate and was~~	54484
~~initially issued an educator license on or after January 1, 2011.~~	54485

~~(b) The teacher holds a professional educator license, senior~~	54486
~~professional educator license, or lead professional educator~~	54487
~~license issued under section 3319.22 of the Revised Code.~~	54488

~~(c) The teacher has held an educator license for at least~~	54489
~~seven years.~~	54490

~~(d) The teacher has completed the applicable one of the~~	54491
~~following:~~	54492

~~(i) If the teacher did not hold a master's degree at the time~~	54493
~~of initially receiving an educator license, thirty semester hours~~	54494
~~of coursework in the area of licensure or in an area related to~~	54495
~~the teaching field since the initial issuance of that license, as~~	54496
~~specified in rules which the state board shall adopt;~~	54497

~~(ii) If the teacher held a master's degree at the time of~~	54498
~~initially receiving an educator license, six semester hours of~~	54499
~~graduate coursework in the area of licensure or in an area related~~	54500
~~to the teaching field since the initial issuance of that license,~~	54501
~~as specified in rules which the state board shall adopt.~~	54502

~~(E)~~(F) Division ~~(D)~~(E) of this section applies only to	54503
continuing contracts entered into on or after ~~the effective date~~	54504
~~of this amendment~~the effective date of the amendment of this	54505
section by H.B. 153 of the 129th general assembly. Nothing in that	54506
division shall be construed to void or otherwise affect a	54507
continuing contract entered into prior to that date.	54508

Notwithstanding any provision to the contrary in Chapter	54509
4117. of the Revised Code~~, the~~:	54510

(1) The requirements of division ~~(D)~~(E)(3) of this section,	54511
as it existed prior to the effective date of this amendment,	54512
prevail over any conflicting provisions of a collective bargaining	54513
agreement entered into ~~on or after the effective date of this~~	54514
~~amendment~~between October 16, 2009, and that effective date.	54515

(2) The requirements of division (E) of this section, as it	54516
exists on and after the effective date of this amendment, prevail	54517
over any conflicting provisions of a collective bargaining	54518
agreement entered into on or after that effective date.	54519

~~(F)~~(G) Wherever the term "educator license" is used in this	54520
section without reference to a specific type of educator license,	54521
the term does not include an educator license for substitute	54522
teaching issued under section 3319.226 of the Revised Code.	54523

Sec. 3319.088. As used in this section, "educational	54524
assistant" means any nonteaching employee in a school district who	54525
directly assists a teacher as defined in section 3319.09 of the	54526
Revised Code, by performing duties for which a license issued	54527
pursuant to sections 3319.22 to 3319.30 of the Revised Code is not	54528
required.	54529

(A) The state board of education shall issue educational aide	54530
permits and educational paraprofessional licenses for educational	54531
assistants and shall adopt rules for the issuance and renewal of	54532
such permits and licenses which shall be consistent with the	54533
provisions of this section. Educational aide permits and	54534
educational paraprofessional licenses may be of several types and	54535
the rules shall prescribe the minimum qualifications of education,	54536
health, and character for the service to be authorized under each	54537
type. The prescribed minimum qualifications may require special	54538
training or educational courses designed to qualify a person to	54539
perform effectively the duties authorized under an educational	54540
aide permit or educational paraprofessional license.	54541

(B)(1) Any application for a permit or license, or a renewal	54542
or duplicate of a permit or license, under this section shall be	54543
accompanied by the payment of a fee in the amount established	54544
under division (A) of section 3319.51 of the Revised Code. Any	54545
fees received under this division shall be paid into the state	54546
treasury to the credit of the state board of education licensure	54547
fund established under division (B) of section 3319.51 of the	54548
Revised Code.	54549

(2) Any person applying for or holding a permit or license	54550
pursuant to this section is subject to sections 3123.41 to 3123.50	54551
of the Revised Code and any applicable rules adopted under section	54552
3123.63 of the Revised Code and sections 3319.31 and 3319.311 of	54553
the Revised Code.	54554

(C) Educational assistants shall at all times while in the	54555
performance of their duties be under the supervision and direction	54556
of a teacher as defined in section 3319.09 of the Revised Code.	54557
Educational assistants may assist a teacher to whom assigned in	54558
the supervision of pupils, in assisting with instructional tasks,	54559
and in the performance of duties which, in the judgment of the	54560
teacher to whom the assistant is assigned, may be performed by a	54561
person not licensed pursuant to sections 3319.22 to 3319.30 of the	54562
Revised Code and for which a teaching license, issued pursuant to	54563
sections 3319.22 to 3319.30 of the Revised Code is not required.	54564
The duties of an educational assistant shall not include the	54565
assignment of grades to pupils. The duties of an educational	54566
assistant need not be performed in the physical presence of the	54567
teacher to whom assigned, but the activity of an educational	54568
assistant shall at all times be under the direction of the teacher	54569
to whom assigned. The assignment of an educational assistant need	54570
not be limited to assisting a single teacher. In the event an	54571
educational assistant is assigned to assist more than one teacher	54572
the assignments shall be clearly delineated and so arranged that	54573
the educational assistant shall never be subject to simultaneous	54574
supervision or direction by more than one teacher.	54575

Educational assistants assigned to supervise children shall,	54576
when the teacher to whom assigned is not physically present,	54577
maintain the degree of control and discipline that would be	54578
maintained by the teacher.	54579

Educational assistants may not be used in place of classroom	54580
teachers or other employees and any payment of compensation by	54581
boards of education to educational assistants for such services is	54582
prohibited. The ratio between the number of licensed teachers and	54583
the pupils in a school district may not be decreased by	54584
utilization of educational assistants and no grouping, or other	54585
organization of pupils, for utilization of educational assistants	54586
shall be established which is inconsistent with sound educational	54587
practices and procedures. A school district may employ up to one	54588
full time equivalent educational assistant for each six full time	54589
equivalent licensed employees of the district. Educational	54590
assistants shall not be counted as licensed employees for purposes	54591
of state support in the school foundation program and no grouping	54592
or regrouping of pupils with educational assistants may be counted	54593
as a class or unit for school foundation program purposes. Neither	54594
special courses required by the regulations of the state board of	54595
education, prescribing minimum qualifications of education for an	54596
educational assistant, nor years of service as an educational	54597
assistant shall be counted in any way toward qualifying for a	54598
teacher license,or for a teacher contract of any type~~, or for~~	54599
~~determining placement on a salary schedule in a school district as~~	54600
~~a teacher~~.	54601

(D) Educational assistants employed by a board of education	54602
shall have all rights, benefits, and legal protection available to	54603
other nonteaching employees in the school district, except that	54604
provisions of Chapter 124. of the Revised Code shall not apply to	54605
any person employed as an educational assistant, and shall be	54606
members of the school employees retirement system. Educational	54607
assistants shall be compensated according to a salary plan adopted	54608
annually by the board.	54609

Except as provided in this section nonteaching employees	54610
shall not serve as educational assistants without first obtaining	54611
an appropriate educational aide permit or educational	54612
paraprofessional license from the state board of education. A	54613
nonteaching employee who is the holder of a valid educational aide	54614
permit or educational paraprofessional license shall neither	54615
render nor be required to render services inconsistent with the	54616
type of services authorized by the permit or license held. No	54617
person shall receive compensation from a board of education for	54618
services rendered as an educational assistant in violation of this	54619
provision.	54620

Nonteaching employees whose functions are solely	54621
secretarial-clerical and who do not perform any other duties as	54622
educational assistants, even though they assist a teacher and work	54623
under the direction of a teacher shall not be required to hold a	54624
permit or license issued pursuant to this section. Students	54625
preparing to become licensed teachers or educational assistants	54626
shall not be required to hold an educational aide permit or	54627
paraprofessional license for such periods of time as such students	54628
are assigned, as part of their training program, to work with a	54629
teacher in a school district. Such students shall not be	54630
compensated for such services.	54631

Following the determination of the assignment and general job	54632
description of an educational assistant and subject to supervision	54633
by the teacher's immediate administrative officer, a teacher to	54634
whom an educational assistant is assigned shall make all final	54635
determinations of the duties to be assigned to such assistant.	54636
Teachers shall not be required to hold a license designated for	54637
being a supervisor or administrator in order to perform the	54638
necessary supervision of educational assistants.	54639

(E) No person who is, or who has been employed as an	54640
educational assistant shall divulge, except to the teacher to whom	54641
assigned, or the administrator of the school in the absence of the	54642
teacher to whom assigned, or when required to testify in a court	54643
or proceedings, any personal information concerning any pupil in	54644
the school district which was obtained or obtainable by the	54645
educational assistant while so employed. Violation of this	54646
provision is grounds for disciplinary action or dismissal, or	54647
both.	54648

Sec. 3319.11. (A) As used in this section:

54649

(1) "Evaluation procedures" means the procedures required by	54650
the policy adopted pursuant to division ~~(B)~~(A) of section 3319.111	54651
of the Revised Code.	54652

(2) "Limited contract" means a limited contract, as described	54653
in section 3319.08 of the Revised Code, that a school district	54654
board of education or governing board of an educational service	54655
center enters into with a teacher who is not eligible for	54656
continuing service status.	54657

(3) "Extended limited contract" means a limited contract, as	54658
described in section 3319.08 of the Revised Code, that a board of	54659
education or governing board enters into with a teacher who is	54660
eligible for continuing service status.	54661

(B) Teachers eligible for continuing service status in any	54662
city, exempted village, local, or joint vocational school district	54663
or educational service center shall be those teachers qualified as	54664
described in division ~~(D)~~(E) of section 3319.08 of the Revised	54665
Code, who within the ~~last~~ five years prior to the effective date	54666
of this amendment have taught for at least three years in the	54667
district or center, and those teachers who, having attained	54668
continuing contract status elsewhere, have served two years in the	54669
district or center, but the board, upon the recommendation of the	54670
superintendent, may at the time of employment or at any time	54671
within such two-year period, declare any of the latter teachers	54672
eligible. Notwithstanding any provision to the contrary in Chapter	54673
4117. of the Revised Code, the requirements of this paragraph	54674
prevail over any conflicting provisions of a collective bargaining	54675
agreement entered into on or after the effective date of this	54676
amendment.	54677

(1) Upon the recommendation of the superintendent that a	54678
teacher eligible for continuing service status be reemployed, a	54679
continuing contract shall be entered into between the board and	54680
the teacher unless the board by a three-fourths vote of its full	54681
membership rejects the recommendation of the superintendent. If	54682
the board rejects by a three-fourths vote of its full membership	54683
the recommendation of the superintendent that a teacher eligible	54684
for continuing service status be reemployed and the superintendent	54685
makes no recommendation to the board pursuant to division (C) of	54686
this section, the board may declare its intention not to reemploy	54687
the teacher by giving the teacher written notice on or before the	54688
thirtieth day of April of its intention not to reemploy the	54689
teacher. If evaluation procedures have not been complied with	54690
pursuant to ~~division (A) of~~ section 3319.111 of the Revised Code	54691
or the board does not give the teacher written notice on or before	54692
the thirtieth day of April of its intention not to reemploy the	54693
teacher, the teacher is deemed reemployed under an extended	54694
limited contract for a term ~~not to exceed one year~~of two years at	54695
the same salary plus any increment provided by the salary	54696
schedule. The teacher is presumed to have accepted employment	54697
under the extended limited contract for a term ~~not to exceed one~~	54698
~~year~~of two years unless such teacher notifies the board in	54699
writing to the contrary on or before the first day of June, and an	54700
extended limited contract for a term ~~not to exceed one year~~of	54701
two years shall be executed accordingly. Upon any subsequent	54702
reemployment of the teacher only a continuing contract may be	54703
entered into.	54704

(2) If the superintendent recommends that a teacher eligible	54705
for continuing service status not be reemployed, the board may	54706
declare its intention not to reemploy the teacher by giving the	54707
teacher written notice on or before the thirtieth day of April of	54708
its intention not to reemploy the teacher. If evaluation	54709
procedures have not been complied with pursuant to ~~division (A) of~~	54710
section 3319.111 of the Revised Code or the board does not give	54711
the teacher written notice on or before the thirtieth day of April	54712
of its intention not to reemploy the teacher, the teacher is	54713
deemed reemployed under an extended limited contract for a term	54714
~~not to exceed one year~~of two years at the same salary plus any	54715
increment provided by the salary schedule. The teacher is presumed	54716
to have accepted employment under the extended limited contract	54717
for a term ~~not to exceed one year~~of two years unless such	54718
teacher notifies the board in writing to the contrary on or before	54719
the first day of June, and an extended limited contract for a term	54720
~~not to exceed one year~~of two years shall be executed accordingly.	54721
Upon any subsequent reemployment of a teacher only a continuing	54722
contract may be entered into.	54723

(3) Any teacher receiving written notice of the intention of	54724
a board not to reemploy such teacher pursuant to this division is	54725
entitled to the hearing provisions of division (G) of this	54726
section.	54727

(C)(1) If a board rejects the recommendation of the	54728
superintendent for reemployment of a teacher pursuant to division	54729
(B)(1) of this section, the superintendent may recommend	54730
reemployment of the teacher, if continuing service status has not	54731
previously been attained elsewhere, under an extended limited	54732
contract for a term ~~not to exceed~~of two years, provided that	54733
written notice of the superintendent's intention to make such	54734
recommendation has been given to the teacher with reasons directed	54735
at the professional improvement of the teacher on or before the	54736
thirtieth day of April. Upon subsequent reemployment of the	54737
teacher only a continuing contract may be entered into.	54738

(2) If a board of education takes affirmative action on a	54739
superintendent's recommendation, made pursuant to division (C)(1)	54740
of this section, of an extended limited contract ~~for a term not to~~	54741
~~exceed two years~~ but the board does not give the teacher written	54742
notice of its affirmative action on the superintendent's	54743
recommendation of an extended limited contract on or before the	54744
thirtieth day of April, the teacher is deemed reemployed under a	54745
continuing contract at the same salary plus any increment provided	54746
by the salary schedule. The teacher is presumed to have accepted	54747
employment under such continuing contract unless such teacher	54748
notifies the board in writing to the contrary on or before the	54749
first day of June, and a continuing contract shall be executed	54750
accordingly.	54751

(3) A board shall not reject a superintendent's	54752
recommendation, made pursuant to division (C)(1) of this section,	54753
of an extended limited contract ~~for a term not to exceed two years~~	54754
except by a three-fourths vote of its full membership. If a board	54755
rejects by a three-fourths vote of its full membership the	54756
recommendation of the superintendent of an extended limited	54757
contract ~~for a term not to exceed two years~~, the board may declare	54758
its intention not to reemploy the teacher by giving the teacher	54759
written notice on or before the thirtieth day of April of its	54760
intention not to reemploy the teacher. If evaluation procedures	54761
have not been complied with pursuant to ~~division (A) of~~ section	54762
3319.111 of the Revised Code or if the board does not give the	54763
teacher written notice on or before the thirtieth day of April of	54764
its intention not to reemploy the teacher, the teacher is deemed	54765
reemployed under an extended limited contract for a term ~~not to~~	54766
~~exceed one year~~of two years at the same salary plus any increment	54767
provided by the salary schedule. The teacher is presumed to have	54768
accepted employment under the extended limited contract for a term	54769
~~not to exceed one year~~of two years unless such teacher notifies	54770
the board in writing to the contrary on or before the first day of	54771
June, and an extended limited contract for a term ~~not to exceed~~	54772
~~one year~~of two years shall be executed accordingly. Upon any	54773
subsequent reemployment of the teacher only a continuing contract	54774
may be entered into.	54775

Any teacher receiving written notice of the intention of a	54776
board not to reemploy such teacher pursuant to this division is	54777
entitled to the hearing provisions of division (G) of this	54778
section.	54779

(D) A teacher eligible for continuing contract status	54780
employed under an extended limited contract pursuant to division	54781
(B) or (C) of this section, is, at the expiration of such extended	54782
limited contract, deemed reemployed under a continuing contract at	54783
the same salary plus any increment granted by the salary schedule,	54784
unless evaluation procedures have been complied with pursuant to	54785
~~division (A) of~~ section 3319.111 of the Revised Code and the	54786
employing board, acting on the superintendent's recommendation	54787
that the teacher not be reemployed, gives the teacher written	54788
notice on or before the thirtieth day of April of its intention	54789
not to reemploy such teacher. A teacher who does not have	54790
evaluation procedures applied in compliance with ~~division (A) of~~	54791
section 3319.111 of the Revised Code or who does not receive	54792
notice on or before the thirtieth day of April of the intention of	54793
the board not to reemploy such teacher is presumed to have	54794
accepted employment under a continuing contract unless such	54795
teacher notifies the board in writing to the contrary on or before	54796
the first day of June, and a continuing contract shall be executed	54797
accordingly.	54798

Any teacher receiving a written notice of the intention of a	54799
board not to reemploy such teacher pursuant to this division is	54800
entitled to the hearing provisions of division (G) of this	54801
section.	54802

(E) AThe board shall enter into a limited contract ~~may be~~	54803
~~entered into by each board with each teacher who has not been in~~	54804
~~the employ of the board for at least three years and shall be~~	54805
~~entered into, regardless of length of previous employment,~~ with	54806
each teacher employed by the board who is not eligible to be	54807
considered for a continuing contract.	54808

Any teacher employed under a limited contract, and not	54809
eligible to be considered for a continuing contract, is, at the	54810
expiration of such limited contract, considered reemployed under	54811
the provisions of this division at the same salary plus any	54812
increment provided by the salary schedule unless evaluation	54813
procedures have been complied with pursuant to ~~division (A) of~~	54814
section 3319.111 of the Revised Code and the employing board,	54815
acting upon the superintendent's written recommendation that the	54816
teacher not be reemployed, gives such teacher written notice of	54817
its intention not to reemploy such teacher on or before the	54818
thirtieth day of April. A teacher who does not have evaluation	54819
procedures applied in compliance with ~~division (A) of~~ section	54820
3319.111 of the Revised Code or who does not receive notice of the	54821
intention of the board not to reemploy such teacher on or before	54822
the thirtieth day of April is presumed to have accepted such	54823
employment unless such teacher notifies the board in writing to	54824
the contrary on or before the first day of June, and a written	54825
contract for the succeeding school year shall be executed	54826
accordingly.	54827

Any teacher receiving a written notice of the intention of a	54828
board not to reemploy such teacher pursuant to this division is	54829
entitled to the hearing provisions of division (G) of this	54830
section.	54831

(F) The failure of a superintendent to make a recommendation	54832
to the board under any of the conditions set forth in divisions	54833
(B) to (E) of this section, or the failure of the board to give	54834
such teacher a written notice pursuant to divisions (C) to (E) of	54835
this section shall not prejudice or prevent a teacher from being	54836
deemed reemployed under either a limited or continuing contract as	54837
the case may be under the provisions of this section. A failure of	54838
the parties to execute a written contract shall not void any	54839
automatic reemployment provisions of this section.	54840

(G)(1) Any teacher receiving written notice of the intention	54841
of a board of education not to reemploy such teacher pursuant to	54842
division (B), (C)(3), (D), or (E) of this section may, within ten	54843
days of the date of receipt of the notice, file with the treasurer	54844
of the board a written demand for a written statement describing	54845
the circumstances that led to the board's intention not to	54846
reemploy the teacher.	54847

(2) The treasurer of a board, on behalf of the board, shall,	54848
within ten days of the date of receipt of a written demand for a	54849
written statement pursuant to division (G)(1) of this section,	54850
provide to the teacher a written statement describing the	54851
circumstances that led to the board's intention not to reemploy	54852
the teacher.	54853

(3) Any teacher receiving a written statement describing the	54854
circumstances that led to the board's intention not to reemploy	54855
the teacher pursuant to division (G)(2) of this section may,	54856
within five days of the date of receipt of the statement, file	54857
with the treasurer of the board a written demand for a hearing	54858
before the board pursuant to divisions (G)(4) to (6) of this	54859
section.	54860

(4) The treasurer of a board, on behalf of the board, shall,	54861
within ten days of the date of receipt of a written demand for a	54862
hearing pursuant to division (G)(3) of this section, provide to	54863
the teacher a written notice setting forth the time, date, and	54864
place of the hearing. The board shall schedule and conclude the	54865
hearing within forty days of the date on which the treasurer of	54866
the board receives a written demand for a hearing pursuant to	54867
division (G)(3) of this section.	54868

(5) Any hearing conducted pursuant to this division shall be	54869
conducted by a majority of the members of the board. The hearing	54870
shall be held in executive session of the board unless the board	54871
and the teacher agree to hold the hearing in public. The	54872
superintendent, assistant superintendent, the teacher, and any	54873
person designated by either party to take a record of the hearing	54874
may be present at the hearing. The board may be represented by	54875
counsel and the teacher may be represented by counsel or a	54876
designee. A record of the hearing may be taken by either party at	54877
the expense of the party taking the record.	54878

(6) Within ten days of the conclusion of a hearing conducted	54879
pursuant to this division, the board shall issue to the teacher a	54880
written decision containing an order affirming the intention of	54881
the board not to reemploy the teacher reported in the notice given	54882
to the teacher pursuant to division (B), (C)(3), (D), or (E) of	54883
this section or an order vacating the intention not to reemploy	54884
and expunging any record of the intention, notice of the	54885
intention, and the hearing conducted pursuant to this division.	54886

(7) A teacher may appeal an order affirming the intention of	54887
the board not to reemploy the teacher to the court of common pleas	54888
of the county in which the largest portion of the territory of the	54889
school district or service center is located, within thirty days	54890
of the date on which the teacher receives the written decision, on	54891
the grounds that the board has not complied with this section or	54892
section 3319.111 of the Revised Code.	54893

Notwithstanding section 2506.04 of the Revised Code, the	54894
court in an appeal under this division is limited to the	54895
determination of procedural errors and to ordering the correction	54896
of procedural errors and shall have no jurisdiction to order a	54897
board to reemploy a teacher, except that the court may order a	54898
board to reemploy a teacher in compliance with the requirements of	54899
division (B), (C)(3), (D), or (E) of this section when the court	54900
determines that evaluation procedures have not been complied with	54901
pursuant to ~~division (A) of~~ section 3319.111 of the Revised Code	54902
or the board has not given the teacher written notice on or before	54903
the thirtieth day of April of its intention not to reemploy the	54904
teacher pursuant to division (B), (C)(3), (D), or (E) of this	54905
section. Otherwise, the determination whether to reemploy or not	54906
reemploy a teacher is solely a board's determination and not a	54907
proper subject of judicial review and, except as provided in this	54908
division, no decision of a board whether to reemploy or not	54909
reemploy a teacher shall be invalidated by the court on any basis,	54910
including that the decision was not warranted by the results of	54911
any evaluation or was not warranted by any statement given	54912
pursuant to division (G)(2) of this section.	54913

No appeal of an order of a board may be made except as	54914
specified in this division.	54915

(H)(1) In giving a teacher any notice required by division	54916
(B), (C), (D), or (E) of this section, the board or the	54917
superintendent shall do either of the following:	54918

(a) Deliver the notice by personal service upon the teacher;

54919

(b) Deliver the notice by certified mail, return receipt	54920
requested, addressed to the teacher at the teacher's place of	54921
employment and deliver a copy of the notice by certified mail,	54922
return receipt requested, addressed to the teacher at the	54923
teacher's place of residence.	54924

(2) In giving a board any notice required by division (B),	54925
(C), (D), or (E) of this section, the teacher shall do either of	54926
the following:	54927

(a) Deliver the notice by personal delivery to the office of	54928
the superintendent during regular business hours;	54929

(b) Deliver the notice by certified mail, return receipt	54930
requested, addressed to the office of the superintendent and	54931
deliver a copy of the notice by certified mail, return receipt	54932
requested, addressed to the president of the board at the	54933
president's place of residence.	54934

(3) When any notice and copy of the notice are mailed	54935
pursuant to division (H)(1)(b) or (2)(b) of this section, the	54936
notice or copy of the notice with the earlier date of receipt	54937
shall constitute the notice for the purposes of division (B), (C),	54938
(D), or (E) of this section.	54939

(I) The provisions of this section shall not apply to any	54940
supplemental written contracts entered into pursuant to section	54941
3319.08 of the Revised Code.	54942

Sec. 3319.111. (A) ~~Any~~Not later than July 1, 2012, the	54943
board of education ~~that~~of each school district, in consultation	54944
with teachers employed by the board, shall adopt a policy for the	54945
evaluation of teachers that complies with this section. The board	54946
shall submit its policy to the superintendent of public	54947
instruction for approval prior to implementing the policy.	54948

The policy shall utilize the framework for evaluation of	54949
teachers developed under section 3319.112 of the Revised Code and	54950
shall specify the relative weight of each factor described in	54951
divisions (A)(1) to (3) of that section in the overall evaluation	54952
and how each of those factors will be assessed. The policy may	54953
require evaluations to include consideration of additional aspects	54954
of teacher performance designated by the board. The policy shall	54955
establish a teacher evaluation system that does the following:	54956

(1) Requires at least fifty per cent of each evaluation to be	54957
based on measures of student academic growth in accordance with	54958
division (B) of this section;	54959

(2) Is evidence-based and uses multiple measures of a	54960
teacher's use of knowledge and skills and of students' academic	54961
progress;	54962

(3) Is aligned with the standards for teachers adopted under	54963
section 3319.61 of the Revised Code;	54964

(4) Provides statements of expectation for professional	54965
performance and establishes specific criteria of expected job	54966
performance in the areas of responsibility assigned to the	54967
teacher;	54968

(5) Requires observation of the teacher being evaluated by	54969
the person conducting the evaluation on at least two occasions for	54970
not less than thirty minutes on each occasion;	54971

(6) Assigns evaluation ratings in accordance with the	54972
standards and criteria established under division (B)(1) of	54973
section 3319.112 of the Revised Code;	54974

(7) Requires that each teacher be provided with a written	54975
report of the results of the teacher's evaluation that includes	54976
specific recommendations for any improvements needed in the	54977
teacher's performance, suggestions for professional development	54978
that will enhance future performance in areas that do not meet	54979
expected performance levels, and information on how to obtain	54980
assistance in making needed improvements.	54981

(B) For the portion of a teacher's evaluation based on	54982
measures of student academic growth, the following shall apply:	54983

(1) When applicable to a teacher, those measures shall	54984
include student performance on the assessments prescribed under	54985
sections 3301.0710 and 3301.0712 of the Revised Code and the	54986
value-added progress dimension prescribed by section 3302.021 of	54987
the Revised Code. For teachers of grade levels and subjects for	54988
which those measures are not applicable, the board shall	54989
administer student assessments that measure mastery of the course	54990
content for the appropriate grade level, which may include	54991
nationally normed standardized assessments, industry certification	54992
examinations, end-of-course examinations developed or selected by	54993
the board, or assessments on the list developed under division	54994
(B)(3) of section 3319.112 of the Revised Code.	54995

(2) The board shall include growth data for students assigned	54996
to the teacher during the three most recent school years. If less	54997
than three years of growth data are available, the board shall use	54998
the growth data for all of the school years for which it is	54999
available and, notwithstanding division (A)(1) of this section and	55000
section 3319.112 of the Revised Code, may elect to reduce the	55001
portion of the teacher's evaluation based on student academic	55002
growth to forty per cent of the total evaluation.	55003

(C)(1) The board shall conduct an evaluation of each teacher	55004
employed by the board at least once each school year, unless	55005
division (C)(2) of this section applies. The evaluation shall be	55006
completed by the first day of April and the teacher shall receive	55007
a written report of the results of the evaluation by the tenth day	55008
of April.	55009

(2) If the board has entered into ~~any~~a limited contract or	55010
extended limited contract with athe teacher pursuant to section	55011
3319.11 of the Revised Code, the board shall evaluate ~~such a~~the	55012
teacher ~~in compliance with the requirements of this section~~at	55013
least twice in any school year in which the board may wish to	55014
declare its intention not to re-employ the teacher pursuant to	55015
division (B), (C)(3), (D), or (E) of that section ~~3319.11 of the~~	55016
~~Revised Code.~~	55017

~~This evaluation shall be conducted at least twice in the~~	55018
~~school year in which the board may wish to declare its intention~~	55019
~~not to re-employ the teacher~~. One evaluation shall be conducted	55020
and completed not later than the fifteenth day of January and the	55021
teacher being evaluated shall receive a written report of the	55022
results of this evaluation not later than the twenty-fifth day of	55023
January. One evaluation shall be conducted and completed between	55024
the tenth day of February and the first day of April and the	55025
teacher being evaluated shall receive a written report of the	55026
results of this evaluation not later than the tenth day of April.	55027

~~Any~~(D) Each evaluation conducted pursuant to this section	55028
shall be conducted by one or more of the following:	55029

(1) A person who is under contract with athe board of	55030
~~education~~ pursuant to section 3319.01 or 3319.02 of the Revised	55031
Code and holds a license designated for being a superintendent,	55032
assistant superintendent, or principal issued under section	55033
3319.22 of the Revised Code;	55034

(2) A person who is under contract with athe board of	55035
~~education~~ pursuant to section 3319.02 of the Revised Code and	55036
holds a license designated for being a vocational director or a	55037
supervisor in any educational area issued under section 3319.22 of	55038
the Revised Code;	55039

(3) A person designated to conduct evaluations under an	55040
agreement providing for peer review entered into by athe board of	55041
~~education~~ and representatives of teachers employed by ~~that~~the	55042
board.	55043

~~(B) Any board of education evaluating a teacher pursuant to~~	55044
~~this section shall adopt evaluation procedures that shall be~~	55045
~~applied each time a teacher is evaluated pursuant to this section.~~	55046
~~These evaluation procedures shall include, but not be limited to:~~	55047

~~(1) Criteria of expected job performance in the areas of~~	55048
~~responsibility assigned to the teacher being evaluated;~~	55049

~~(2) Observation of the teacher being evaluated by the person~~	55050
~~conducting the evaluation on at least two occasions for not less~~	55051
~~than thirty minutes on each occasion;~~	55052

~~(3) A written report of the results of the evaluation that~~	55053
~~includes specific recommendations regarding any improvements~~	55054
~~needed in the performance of the teacher being evaluated and~~	55055
~~regarding the means by which the teacher may obtain assistance in~~	55056
~~making such improvements.~~	55057

~~(C)~~(E) The board shall use the evaluations conducted under	55058
this section to inform decisions about compensation, nonrenewal of	55059
employment contracts, termination, reductions in force, and	55060
professional development.	55061

(F) If a teacher who has been granted a continuing contract	55062
under section 3319.08 of the Revised Code receives an evaluation	55063
rating of unsatisfactory for two consecutive years or for two of	55064
three consecutive years, receives an evaluation rating of needs	55065
improvement for three consecutive years, or receives a combination	55066
of evaluation ratings of needs improvement and unsatisfactory for	55067
three consecutive years, the board shall revoke that contract and	55068
shall only enter into a limited contract with the teacher for any	55069
subsequent school years in which the board employs the teacher.	55070

(G) The board annually shall submit to the department of	55071
education the results of teacher evaluations conducted under this	55072
section and principal evaluations conducted under section 3319.02	55073
of the Revised Code. The results shall be disaggregated by the	55074
evaluation ratings prescribed under division (B)(1) of section	55075
3319.112 of the Revised Code, but shall not identify any teacher	55076
or principal.	55077

(H) The board, its members, and any person conducting an	55078
evaluation on behalf of the board in good faith and in accordance	55079
with this section shall be immune from any civil liability that	55080
otherwise might be incurred or imposed for injury, death, or loss	55081
to person or property as a result of conducting the evaluation.	55082

(I) Notwithstanding any provision to the contrary in Chapter	55083
4117. of the Revised Code, the requirements of this section	55084
prevail over any conflicting provisions of a collective bargaining	55085
agreement entered into on or after the effective date of this	55086
section.	55087

(J) This section does not apply to ~~teachers~~superintendents	55088
and administrators subject to evaluation procedures under sections	55089
3319.01 and 3319.02 of the Revised Code or to any teacher employed	55090
as a substitute for less than one hundred twenty days during a	55091
school year pursuant to section 3319.10 of the Revised Code.	55092

Sec. 3319.112. (A) Not later than December 31, 2011, the	55093
superintendent of public instruction shall develop a framework for	55094
the evaluation of teachers. The framework shall require at least	55095
fifty per cent of each evaluation to be based on measures of	55096
student academic growth.	55097

The framework shall require each evaluation to consider the	55098
following additional factors, but it shall not designate the	55099
weight of any factor or prescribe a specific method of assessing	55100
any factor:	55101

(1) Quality of instructional practice, which may be	55102
determined by announced and unannounced classroom observations and	55103
examinations of samples of work, such as lesson plans or	55104
assessments designed by the teacher;	55105

(2) Communication and professionalism, including how well the	55106
teacher interacts with students, parents, other school employees,	55107
and members of the community;	55108

(3) Parent and student satisfaction, which may be measured by	55109
surveys, questionnaires, or other forms of soliciting feedback.	55110

(B) For purposes of the framework developed under this	55111
section, the superintendent of public instruction also shall do	55112
all of the following:	55113

(1) Develop specific standards and criteria that distinguish	55114
between the following levels of performance for teachers and	55115
principals for the purpose of assigning ratings on the evaluations	55116
conducted under sections 3319.02 and 3319.111 of the Revised Code:	55117

(a) Highly effective;

55118

(b) Effective;

55119

55120

(d) Unsatisfactory.

55121

(2) Designate a standard of student academic growth that a	55122
teacher or principal must meet to be rated at each of the	55123
performance levels prescribed by division (B)(1) of this section;	55124

(3) Develop a list of assessments for optional use by school	55125
districts to measure student academic growth for grade levels and	55126
subjects for which the assessments prescribed under sections	55127
3301.0710 and 3301.0712 of the Revised Code and the value-added	55128
progress dimension prescribed by section 3302.021 of the Revised	55129
Code do not apply.	55130

(C) The superintendent of public instruction shall consult	55131
with experts, teachers and principals employed in public schools,	55132
and representatives of stakeholder groups in developing the	55133
standards and criteria required by division (B)(1) of this	55134
section.	55135

(D) Not later than November 1, 2012, the superintendent of	55136
public instruction shall approve or disapprove each evaluation	55137
policy submitted under section 3319.111 of the Revised Code. If	55138
the superintendent disapproves a policy, the superintendent shall	55139
provide recommendations for policy revisions that will enable the	55140
policy to be approved.	55141

(E) Not later than December 1, 2013, and annually thereafter,	55142
the department of education shall issue a report of the evaluation	55143
results submitted under division (G) of section 3319.111 of the	55144
Revised Code for the previous school year. The report shall	55145
include the percentage of teachers and principals who receive each	55146
evaluation rating specified in division (B)(1) of this section,	55147
disaggregated by school district and by public school. The	55148
department shall post the report on its web site.	55149

(F) To assist school districts in developing evaluation	55150
policies under sections 3319.02 and 3319.111 of the Revised Code,	55151
the department shall do both of the following:	55152

(1) Serve as a clearinghouse of promising evaluation	55153
procedures and evaluation models that districts may use;	55154

(2) Provide technical assistance to districts in creating	55155
evaluation policies.	55156

Sec. 3319.113. (A) This section applies to any teacher	55157
employed by a school district who has received a rating of needs	55158
improvement or unsatisfactory on the teacher's most recent	55159
evaluation conducted under section 3319.111 of the Revised Code.	55160

(B) In assigning teachers to schools under section 3319.01 of	55161
the Revised Code, the superintendent of a school district shall	55162
not assign a teacher to whom this section applies to a school	55163
unless both the teacher and the principal of the school consent to	55164
the assignment.	55165

(C) If the superintendent is unable to assign a teacher to	55166
whom this section applies to a school because the mutual consent	55167
required by division (B) of this section has not been obtained,	55168
the district board of education may place the teacher on unpaid	55169
leave until the superintendent is able to assign the teacher to a	55170
school. If the mutual consent is subsequently obtained and the	55171
teacher is assigned to a school, the board shall pay the teacher	55172
at least the same salary the teacher was paid immediately prior to	55173
the unpaid leave.	55174

(D) If a teacher to whom this section applies has been placed	55175
on unpaid leave under division (C) of this section and has not	55176
been assigned to a school after a period of one year on that	55177
leave, notwithstanding anything in section 3319.16 of the Revised	55178
Code to the contrary, the district board may terminate the	55179
teacher's contract under that section.	55180

Sec. 3319.14. Any teacher who has left, or leaves, a	55181
teaching position, by resignation or otherwise, and within forty	55182
school days thereafter entered, or enters, the uniformed services	55183
and whose service is terminated in a manner other than as	55184
described in section 4304 of Title 38 of the United States Code,	55185
"Uniformed Services Employment and Reemployment Rights Act of	55186
1994," 108 Stat. 3149, 38 U.S.C.A. 4304, shall be reemployed by	55187
the board of education of the district in which the teacher held	55188
such teaching position, under the same type of contract as that	55189
which the teacher last held in such district, if the teacher	55190
applies to the board of education for reemployment in accordance	55191
with the "Uniformed Services Employment and Reemployment Rights	55192
Act of 1994," 108 Stat. 3149, 38 U.S.C.A. 4312. Upon such	55193
application, the teacher shall be reemployed at the first of the	55194
next school semester, if the application is made not less than	55195
thirty days prior to the first of the next school semester, in	55196
which case the teacher shall be reemployed the first of the	55197
following school semester, unless the board of education waives	55198
the requirement for the thirty-day period.	55199

For the purposes of seniority ~~and placement on the salary~~	55200
~~schedule~~, years of absence performing service in the uniformed	55201
services shall be counted as though teaching service had been	55202
performed during such time.	55203

The board of education of the district in which such teacher	55204
was employed and is reemployed under this section may suspend the	55205
contract of the teacher whose services become unnecessary by	55206
reason of the return of a teacher from service in the uniformed	55207
services in accordance with section 3319.17 or 3319.171 of the	55208
Revised Code.	55209

Sec. 3319.141. Each person who is employed by any board of	55210
education in this state, except for substitutes, adult education	55211
instructors who are scheduled to work the full-time equivalent of	55212
less than one hundred twenty days per school year, or persons who	55213
are employed on an as-needed, seasonal, or intermittent basis,	55214
shall be entitled to fifteen days sick leave with pay, for each	55215
year under contract, which shall be credited at the rate of one	55216
and one-fourth days per month. Teachers and regular nonteaching	55217
school employees, upon approval of the responsible administrative	55218
officer of the school district, may use sick leave for absence due	55219
to personal illness, pregnancy, injury, exposure to contagious	55220
disease which could be communicated to others, and for absence due	55221
to illness, injury, or death in the employee's immediate family.	55222
Unused sick leave shall be cumulative up to one hundred twenty	55223
work days, unless more than one hundred twenty days are approved	55224
by the employing board of education. The previously accumulated	55225
sick leave of a person who has been separated from public service,	55226
whether accumulated pursuant to section 124.38 of the Revised Code	55227
or pursuant to this section, shall be placed to ~~his~~the person's	55228
credit upon ~~his~~ re-employment in the public service, provided that	55229
such re-employment takes place within ten years of the date of the	55230
last termination from public service. A teacher or nonteaching	55231
school employee who transfers from one public agency to another	55232
shall be credited with the unused balance of ~~his~~the teacher's or	55233
nonteaching employee's accumulated sick leave up to the maximum of	55234
the sick leave accumulation permitted in the public agency to	55235
which the employee transfers. Teachers and nonteaching school	55236
employees who render regular part-time, ~~seasonal, intermittent,~~	55237
per diem, or hourly service shall be entitled to sick leave for	55238
the time actually worked at the same rate as that granted like	55239
full-time employees, calculated in the same manner as the ratio of	55240
sick leave granted to hours of service established by section	55241
124.38 of the Revised Code. Each board of education may establish	55242
regulations for the entitlement, crediting and use of sick leave	55243
by those substitute teachers employed by such board pursuant to	55244
section 3319.10 of the Revised Code who are not otherwise entitled	55245
to sick leave pursuant to such section. A board of education shall	55246
require a teacher or nonteaching school employee to furnish a	55247
written, signed statement on forms prescribed by such board to	55248
justify the use of sick leave. If medical attention is required,	55249
the employee's statement shall list the name and address of the	55250
attending physician and the dates when hethe physician was	55251
consulted. Nothing in this section shall be construed to waive the	55252
physician-patient privilege provided by section 2317.02 of the	55253
Revised Code. Falsification of a statement is grounds for	55254
suspension or termination of employment under sections 3319.081	55255
and 3319.16 of the Revised Code. No sick leave shall be granted or	55256
credited to a teacher after ~~his~~the teacher's retirement or	55257
termination of employment.	55258

Except to the extent used as sick leave, leave granted under	55259
regulations adopted by a board of education pursuant to section	55260
3319.08 of the Revised Code shall not be charged against sick	55261
leave earned or earnable under this section. Nothing in this	55262
section shall be construed to affect in any other way the granting	55263
of leave pursuant to section 3319.08 of the Revised Code and any	55264
granting of sick leave pursuant to such section shall be charged	55265
against sick leave accumulated pursuant to this section.	55266

This section shall not be construed to interfere with any	55267
unused sick leave credit in any agency of government where	55268
attendance records are maintained and credit has been given for	55269
unused sick leave. Unused sick leave accumulated by teachers and	55270
nonteaching school employees under section 124.38 of the Revised	55271
Code shall continue to be credited toward the maximum accumulation	55272
permitted in accordance with this section. Each newly hired	55273
regular nonteaching and each regular nonteaching employee of any	55274
board of education who has exhausted ~~his~~the employee's	55275
accumulated sick leave shall be entitled to an advancement of not	55276
less than five days of sick leave each year, as authorized by	55277
rules which each board shall adopt, to be charged against the sick	55278
leave hethe employee subsequently accumulates under this section.	55279

This section shall be uniformly administered.

55280

Sec. 3319.16. ~~The~~(A)(1) Except as provided in division (E)	55281
of this section, the contract of any teacher employed by the board	55282
of education of any city, exempted village, local, county, or	55283
joint vocational school district may not be terminated except for	55284
good and just cause. ~~Notwithstanding~~The state board of education	55285
shall adopt rules defining good and just cause, which shall	55286
include, but is not limited to, the following:	55287

(a) Immorality;

55288

(b) A conviction of, a finding of guilt for, or a plea of	55289
guilty to an offense involving moral turpitude or an offense	55290
described in section 2921.41, 2921.42, 2921.43, or 2921.44 of the	55291
Revised Code;	55292

55293

(d) Gross insubordination;

55294

(e) Willful neglect of duty;

55295

(f) An evaluation rating of unsatisfactory under section	55296
3319.111 of the Revised Code for two consecutive years, an	55297
evaluation rating of unsatisfactory under that section for two of	55298
three consecutive years, an evaluation rating of needs improvement	55299
under that section for three consecutive years, or a combination	55300
of evaluation ratings under that section of needs improvement and	55301
unsatisfactory for three consecutive years.	55302

(2) Notwithstanding any provision to the contrary in Chapter	55303
4117. of the Revised Code~~, the~~:	55304

(a) The provisions of this section relating to the grounds	55305
for termination of the contract of a teacher, as they existed	55306
prior to the effective date of this amendment, prevail over any	55307
conflicting provisions of a collective bargaining agreement	55308
entered into ~~after the effective date of this amendment~~between	55309
October 16, 2009, and that effective date.	55310

(b) The provisions of this section relating to the grounds	55311
for termination of the contract of a teacher, as they exist on and	55312
after the effective date of this amendment, prevail over any	55313
conflicting provisions of a collective bargaining agreement	55314
entered into on or after that effective date.	55315

(B) Before terminating any contract, the employing board	55316
shall furnish the teacher a written notice signed by its treasurer	55317
of its intention to consider the termination of the teacher's	55318
contract with full specification of the grounds for such	55319
consideration. The board shall not proceed with formal action to	55320
terminate the contract until after the tenth day after receipt of	55321
the notice by the teacher. Within ten days after receipt of the	55322
notice from the treasurer of the board, the teacher may file with	55323
the treasurer a written demand for a hearing before the board or	55324
~~before a referee~~, and the board shall set a time for the hearing	55325
which shall be within thirty days from the date of receipt of the	55326
written demand, and the treasurer shall give the teacher at least	55327
twenty days' notice in writing of the time and place of the	55328
hearing. ~~If a referee is demanded by either the teacher or board,~~	55329
~~the treasurer also shall give twenty days' notice to the~~	55330
~~superintendent of public instruction. No hearing shall be held~~	55331
~~during the summer vacation without the teacher's consent.~~ The	55332
hearing shall be private unless the teacher requests a public	55333
hearing. The hearing ~~shall be conducted by a referee appointed~~	55334
~~pursuant to section 3319.161 of the Revised Code, if demanded;~~	55335
~~otherwise, it~~ shall be conducted by a majority of the members of	55336
the board and shall be confined to the grounds given for the	55337
termination. The board shall provide for a complete stenographic	55338
record of the proceedings, a copy of the record to be furnished to	55339
the teacher. The board may suspend a teacher pending final action	55340
to terminate the teacher's contract if, in its judgment, the	55341
character of the charges warrants such action.	55342

Both parties may be present at such hearing, be represented	55343
by counsel, require witnesses to be under oath, cross-examine	55344
witnesses, take a record of the proceedings, and require the	55345
presence of witnesses in their behalf upon subpoena to be issued	55346
by the treasurer of the board. In case of the failure of any	55347
person to comply with a subpoena, a judge of the court of common	55348
pleas of the county in which the person resides, upon application	55349
of any interested party, shall compel attendance of the person by	55350
attachment proceedings as for contempt. Any member of the board or	55351
~~the referee~~ may administer oaths to witnesses. ~~After a hearing by~~	55352
~~a referee, the referee shall file a report within ten days after~~	55353
~~the termination of the hearing. After consideration of the~~	55354
~~referee's report, the board, by a majority vote, may accept or~~	55355
~~reject the referee's recommendation on the termination of the~~	55356
~~teacher's contract.~~ After a hearing by the board, the board, by	55357
majority vote, may enter its determination upon its minutes. Any	55358
order of termination of a contract shall state the grounds for	55359
termination. If the decision, after hearing, is against	55360
termination of the contract, the charges and the record of the	55361
hearing shall be physically expunged from the minutes, and, if the	55362
teacher has suffered any loss of salary by reason of being	55363
suspended, the teacher shall be paid the teacher's full salary for	55364
the period of such suspension.	55365

Any teacher affected by an order of termination of contract	55366
may appeal to the court of common pleas of the county in which the	55367
school is located in accordance with division (C) of this section	55368
or request execution of the grievance procedure specified in any	55369
collective bargaining agreement that is applicable to the teacher,	55370
but may not do both. Notwithstanding any provision to the contrary	55371
in Chapter 4117. of the Revised Code, the provisions of this	55372
paragraph prevail over any conflicting provisions of a collective	55373
bargaining agreement entered into on or after the effective date	55374
of this amendment.	55375

(C) An appeal of the board's order of termination to the	55376
court of common pleas shall be filed within thirty days after	55377
receipt of notice of the entry of such order. The appeal shall be	55378
an original action in the court and shall be commenced by the	55379
filing of a complaint against the board, in which complaint the	55380
facts shall be alleged upon which the teacher relies for a	55381
reversal or modification of such order of termination of contract.	55382
Upon service or waiver of summons in that appeal, the board	55383
immediately shall transmit to the clerk of the court for filing a	55384
transcript of the original papers filed with the board, a	55385
certified copy of the minutes of the board into which the	55386
termination finding was entered, and a certified transcript of all	55387
evidence adduced at the hearing or hearings before the board ~~or a~~	55388
~~certified transcript of all evidence adduced at the hearing or~~	55389
~~hearings before the referee~~, whereupon the cause shall be at issue	55390
without further pleading and shall be advanced and heard without	55391
delay. The court shall examine the transcript and record of the	55392
hearing and shall hold such additional hearings as it considers	55393
advisable, at which it may consider other evidence in addition to	55394
the transcript and record.	55395

Upon final hearing, the court shall grant or deny the relief	55396
prayed for in the complaint as may be proper in accordance with	55397
the evidence adduced in the hearing. Such an action is a special	55398
proceeding, and either the teacher or the board may appeal from	55399
the decision of the court of common pleas pursuant to the Rules of	55400
Appellate Procedure and, to the extent not in conflict with those	55401
rules, Chapter 2505. of the Revised Code.	55402

In any court action, the board may utilize the services of	55403
the prosecuting attorney, village solicitor, city director of law,	55404
or other chief legal officer of a municipal corporation as	55405
authorized by section 3313.35 of the Revised Code, or may employ	55406
other legal counsel.	55407

(D) A violation of division (A)(7) of section 2907.03 of the	55408
Revised Code is grounds for termination of a teacher contract	55409
under this section.	55410

(E) A board may terminate the contract of a teacher without	55411
good and just cause at any time in the teacher's first year of	55412
employment with the board, if the board has entered into a	55413
one-year contract with the teacher under section 3319.08 of the	55414
Revised Code. In the case of a termination under this division,	55415
the teacher shall not be entitled to the due process procedures	55416
prescribed by divisions (B) and (C) of this section.	55417

Sec. 3319.17. (A) As used in this section, "interdistrict	55418
contract" means any contract or agreement entered into by an	55419
educational service center governing board and another board or	55420
other public entity pursuant to section 3313.17, 3313.841,	55421
3313.842, 3313.843, 3313.844, 3313.845, 3313.91, or 3323.08 of the	55422
Revised Code, including any such contract or agreement for the	55423
provision of services funded under division ~~(I)~~(E) of section	55424
3317.024 of the Revised Code or provided in any unit approved	55425
under section 3317.05 of the Revised Code.	55426

(B) When, for any of the following reasons that apply to any	55427
city, exempted village, local, or joint vocational school district	55428
or any educational service center, the board decides that it will	55429
be necessary to reduce the number of teachers it employs, it may	55430
make a reasonable reduction:	55431

(1) In the case of any district or service center, return to	55432
duty of regular teachers after leaves of absence including ~~leaves~~	55433
~~provided pursuant to division (B) of section 3314.10 of the~~	55434
~~Revised Code,~~ suspension of schools, territorial changes affecting	55435
the district or center, or financial reasons;	55436

(2) In the case of any city, exempted village, local, or	55437
joint vocational school district, decreased enrollment of pupils	55438
in the district;	55439

(3) In the case of any governing board of a service center	55440
providing any particular service directly to pupils pursuant to	55441
one or more interdistrict contracts requiring such service,	55442
reduction in the total number of pupils the governing board is	55443
required to provide with the service under all interdistrict	55444
contracts as a result of the termination or nonrenewal of one or	55445
more of these interdistrict contracts;	55446

(4) In the case of any governing board providing any	55447
particular service that it does not provide directly to pupils	55448
pursuant to one or more interdistrict contracts requiring such	55449
service, reduction in the total level of the service the governing	55450
board is required to provide under all interdistrict contracts as	55451
a result of the termination or nonrenewal of one or more of these	55452
interdistrict contracts.	55453

(C) In making any such reduction, ~~any city, exempted village,~~	55454
~~local, or joint vocational school~~the district board or service	55455
center governing board shall proceed to suspend contracts in	55456
accordance with the recommendation of the superintendent of	55457
~~schools who shall, within each teaching field affected, give~~	55458
~~preference first to teachers on continuing contracts and then to~~	55459
~~teachers who have greater seniority. In making any such reduction,~~	55460
~~any governing board of a service center shall proceed to suspend~~	55461
~~contracts in accordance with the recommendation of the~~	55462
~~superintendent who shall, within each teaching field or service~~	55463
~~area affected, give preference first to teachers on continuing~~	55464
~~contracts and then to teachers who have greater seniority~~. The	55465
board shall consider evaluations conducted under section 3319.111	55466
of the Revised Code in determining the order of reductions under	55467
this section. Within the teaching field or service area affected,	55468
the board shall suspend teachers with evaluation ratings of	55469
unsatisfactory first, teachers with evaluation ratings of needs	55470
improvement second, teachers with evaluation ratings of effective	55471
third, and teachers with evaluation ratings of highly effective	55472
last, until all necessary reductions have occurred. The board	55473
shall not give preference in retention to any teacher based on	55474
seniority.	55475

On a case-by-case basis, in lieu of suspending a contract in	55476
whole, a board may suspend a contract in part, so that an	55477
individual is required to work a percentage of the time the	55478
employee otherwise is required to work under the contract and	55479
receives a commensurate percentage of the full compensation the	55480
employee otherwise would receive under the contract.	55481

The teachers whose continuing contracts are suspended by any	55482
board pursuant to this section shall have the right of restoration	55483
to continuing service status by that board ~~in the order of~~	55484
~~seniority of service in the district or service center~~ if and when	55485
teaching positions become vacant or are created for which any of	55486
such teachers are or become qualified. No teacher whose continuing	55487
contract has been suspended pursuant to this section shall lose	55488
that right of restoration to continuing service status by reason	55489
of having declined recall to a position that is less than	55490
full-time or, if the teacher was not employed full-time just prior	55491
to suspension of the teacher's continuing contract, to a position	55492
requiring a lesser percentage of full-time employment than the	55493
position the teacher last held while employed in the district or	55494
service center.	55495

(D) Notwithstanding any provision to the contrary in Chapter	55496
4117. of the Revised Code~~, the~~:	55497

(1) The requirements of this section, as it existed prior to	55498
the effective date of this amendment, prevail over any conflicting	55499
provisions of agreements between employee organizations and public	55500
employers entered into ~~after~~between September 29, 2005, and that	55501
effective date;	55502

(2) The requirements of this section, as it exists on and	55503
after the effective date of this amendment, prevail over any	55504
conflicting provisions of agreements between employee	55505
organizations and public employers entered into on or after that	55506
effective date.	55507

Sec. 3319.18. If an entire school district or that part of a	55508
school district which comprises the territory in which a school is	55509
situated is transferred to any other district, or if a new school	55510
district is created, the teachers in such districts or schools	55511
employed on continuing contracts immediately prior to such	55512
transfer, or creation shall, subject to section 3319.17 or	55513
3319.171 of the Revised Code, have continuing service status in	55514
the newly created district, or in the district to which the	55515
territory is transferred.	55516

The limited contracts of the teachers employed in such	55517
districts or schools immediately prior to such transfer, or	55518
creation, shall become the legal obligations of the board of	55519
education in the newly created district, or in the district to	55520
which the territory is transferred, subject to section 3319.17 or	55521
3319.171 of the Revised Code. The teaching experience of such	55522
teachers in such prior districts or schools shall be included in	55523
the three years of service required under section 3319.11 of the	55524
Revised Code for a teacher to become eligible for continuing	55525
service status.	55526

Teachers employed on limited or continuing contracts in an	55527
entire school district or that part of a school district which	55528
comprises the territory in which a school is situated which is	55529
transferred to any other district or which is merged with other	55530
school territory to create a new school district, shall be placed,	55531
on the effective date of such transfer or merger, on the salary	55532
schedule of the district to which the territory is transferred or	55533
the newly created district~~, according to their training and~~	55534
~~experience. Such experience shall be the total sum of the years~~	55535
~~taught in the district whose territory was transferred or merged~~	55536
~~to create a new district, plus the total number of years of~~	55537
~~teaching experience recognized by such previous district upon its~~	55538
~~first employment of such teachers~~.	55539

The placement of the teachers on the salary schedule,	55540
pursuant to this section, shall not result, however, in the salary	55541
of any teacher being less than the teacher's current annual salary	55542
for regular duties, in existence immediately prior to the merger	55543
or transfer.	55544

~~In making any reduction in the number of teachers under~~	55545
~~section 3319.17 of the Revised Code by reason of the transfer or~~	55546
~~consolidation of school territory, the years of teaching service~~	55547
~~of the teachers employed in the district or schools transferred to~~	55548
~~any other district or merged with any school territory to create a~~	55549
~~new district, shall be included as a part of the seniority on~~	55550
~~which the recommendation of the superintendent of schools shall be~~	55551
~~based, under section 3319.17 of the Revised Code. Such service~~	55552
~~shall have been continuous and shall include years of service in~~	55553
~~the previous district as well as the years of continuous service~~	55554
~~in any district which had been previously transferred to or~~	55555
~~consolidated to form such district.~~ When suspending contracts in	55556
accordance with an administrative personnel suspension policy	55557
adopted under section 3319.171 of the Revised Code, a board may	55558
consider years of teaching service in the previous district in its	55559
decision if it is a part of the suspension policy.	55560

Sec. 3319.19. (A) Except as provided in division (D) of this	55561
section or division (A)(2) of section 3313.37 of the Revised Code,	55562
upon request, the board of county commissioners shall provide and	55563
equip offices in the county for the use of the superintendent of	55564
an educational service center, and shall provide heat, light,	55565
water, and janitorial services for such offices. Such offices	55566
shall be the permanent headquarters of the superintendent and	55567
shall be used by the governing board of the service center when it	55568
is in session. Except as provided in division (B) of this section,	55569
such offices shall be located in the county seat or, upon the	55570
approval of the governing board, may be located outside of the	55571
county seat.	55572

(B) In the case of a service center formed under section	55573
3311.053 ~~or 3311.059~~ of the Revised Code, the governing board	55574
shall designate the site of its offices. Except as provided in	55575
division (D) of this section or division (A)(2) of section 3313.37	55576
of the Revised Code, the board of county commissioners of the	55577
county in which the designated site is located shall provide and	55578
equip the offices as under division (A) of this section, but the	55579
costs of such offices and equipment shall be apportioned among the	55580
boards of county commissioners of all counties having any	55581
territory in the area under the control of the governing board,	55582
according to the proportion of local school district pupils under	55583
the supervision of such board residing in the respective counties.	55584
Where there is a dispute as to the amount any board of county	55585
commissioners is required to pay, the probate judge of the county	55586
in which the greatest number of pupils under the supervision of	55587
the governing board reside shall apportion such costs among the	55588
boards of county commissioners and notify each such board of its	55589
share of the costs.	55590

(C) As used in division (C) of this section, in the case of a	55591
building, facility, or office space that a board of county	55592
commissioners leases or rents, "actual cost per square foot" means	55593
all cost on a per square foot basis incurred by the board under	55594
the lease or rental agreement. In the case of a building,	55595
facility, or office space that the board owns in fee simple,	55596
"actual cost per square foot" means the fair rental value on a per	55597
square foot basis of the building, facility, or office space	55598
either as compared to a similarly situated building, facility, or	55599
office space in the general vicinity or as calculated under a	55600
formula that accounts for depreciation, amortization of	55601
improvements, and other reasonable factors, including, but not	55602
limited to, parking space and other amenities.	55603

Not later than the thirty-first day of March of 2002, 2003,	55604
2004, and 2005 a board of county commissioners required to provide	55605
or equip offices pursuant to division (A) or (B) of this section	55606
shall make a written estimate of the total cost it will incur for	55607
the ensuing fiscal year to provide and equip the offices and to	55608
provide heat, light, water, and janitorial services for such	55609
offices. The total estimate of cost shall include:	55610

(1) The total square feet of space to be utilized by the	55611
educational service center;	55612

(2) The total square feet of any common areas that should be	55613
reasonably allocated to the center and the methodology for making	55614
this allocation;	55615

(3) The actual cost per square foot for both the space	55616
utilized by and the common area allocated to the center;	55617

(4) An explanation of the methodology used to determine the	55618
actual cost per square foot;	55619

(5) The estimated cost of providing heat, light, and water,	55620
including an explanation of how these costs were determined;	55621

(6) The estimated cost of providing janitorial services	55622
including an explanation of the methodology used to determine this	55623
cost;	55624

(7) Any other estimated costs that the board anticipates it	55625
will ~~occur~~incur and a detailed explanation of the costs and the	55626
rationale used to determine such costs.	55627

A copy of the total estimate of costs under this division	55628
shall be sent to the superintendent of the educational service	55629
center not later than the fifth day of April. The superintendent	55630
shall review the total estimate and shall notify the board of	55631
county commissioners not later than twenty days after receipt of	55632
the estimate of either agreement with the estimate or any specific	55633
objections to the estimates and the reasons for the objections. If	55634
the superintendent agrees with the estimate, it shall become the	55635
final total estimate of cost. Failure of the superintendent to	55636
make objections to the estimate by the twentieth day after receipt	55637
of it shall be deemed to mean that the superintendent is in	55638
agreement with the estimate.	55639

If the superintendent provides specific objections to the	55640
board of county commissioners, the board shall review the	55641
objections and may modify the original estimate and shall send a	55642
revised total estimate to the superintendent within ten days after	55643
the receipt of the superintendent's objections. The superintendent	55644
shall respond to the revised estimate within ten days after its	55645
receipt. If the superintendent agrees with it, it shall become the	55646
final total estimated cost. If the superintendent fails to respond	55647
within the required time, the superintendent shall be deemed to	55648
have agreed with the revised estimate. If the superintendent	55649
disagrees with the revised estimate, the superintendent shall send	55650
specific objections to the county commissioners.	55651

If a superintendent has sent specific objections to the	55652
revised estimate within the required time, the probate judge of	55653
the county which has the greatest number of resident local school	55654
district pupils under the supervision of the educational service	55655
center shall determine the final estimated cost and certify this	55656
amount to the superintendent and the board of county commissioners	55657
prior to the first day of July.	55658

(D)(1) A board of county commissioners shall be responsible	55659
for the following percentages of the final total estimated cost	55660
established by division (C) of this section:	55661

(a) Eighty per cent for fiscal year 2003;

55662

(b) Sixty per cent for fiscal year 2004;

55663

55664

(d) Twenty per cent for fiscal year 2006.

55665

In fiscal years 2003, 2004, 2005, and 2006 the educational	55666
service center shall be responsible for the remainder of any costs	55667
in excess of the amounts specified in division (D)(1)(a),(b), (c),	55668
or (d) of this section, as applicable, associated with the	55669
provision and equipment of offices for the educational service	55670
center and for provision of heat, light, water, and janitorial	55671
services for such offices, including any unanticipated or	55672
unexpected increases in the costs beyond the final estimated cost	55673
amount.	55674

Beginning in fiscal year 2007, no board of county	55675
commissioners shall have any obligation to provide and equip	55676
offices for an educational service center or to provide heat,	55677
light, water, or janitorial services for such offices.	55678

(2) Nothing in this section shall prohibit the board of	55679
county commissioners and the governing board of an educational	55680
service center from entering into a contract for providing and	55681
equipping offices for the use of an educational service center and	55682
for providing heat, light, water, and janitorial services for such	55683
offices. The term of any such contract shall not exceed a period	55684
of four years and may be renewed for additional periods not to	55685
exceed four years. Any such contract shall supersede the	55686
provisions of division (D)(1) of this section and no educational	55687
service center may be charged, at any time, any additional amount	55688
for the county's provision of an office and equipment, heat,	55689
light, water, and janitorial services beyond the amount specified	55690
in such contract.	55691

(3) No contract entered into under division (D)(2) of this	55692
section in any year prior to fiscal year 2007 between an	55693
educational service center formed under section 3311.053 or	55694
~~3311.059~~ of the Revised Code and the board of county commissioners	55695
required to provide and equip its office pursuant to division (B)	55696
of this section shall take effect unless the boards of county	55697
commissioners of all other counties required to participate in the	55698
funding for such offices pursuant to division (B) of this section	55699
adopt resolutions approving the contract.	55700

Sec. 3319.227. (A) This section applies only to a person who	55701
meets the following conditions:	55702

(1) Holds a minimum of a baccalaureate degree;

55703

(2) Has been licensed and employed as a teacher in another	55704
state for each of the preceding five years;	55705

(3) Was initially licensed as a teacher in any state within	55706
the preceding fifteen years;	55707

(4) Has not had a teacher's license suspended or revoked in	55708
any state.	55709

(B)(1) Not later than July 1, 2012, the superintendent of	55710
public instruction shall develop a list of states that the	55711
superintendent considers to have standards for teacher licensure	55712
that are inadequate to ensure that a person to whom this section	55713
applies and who was most recently licensed to teach in that state	55714
is qualified for a professional educator license issued under	55715
section 3319.22 of the Revised Code.	55716

(2) Following development of the list, the superintendent	55717
shall establish a panel of experts to evaluate the adequacy of the	55718
teacher licensure standards of each state on the list. Each person	55719
selected by the superintendent to be a member of the panel shall	55720
be approved by the state board of education. In evaluating the	55721
superintendent's list, the panel shall provide an opportunity for	55722
representatives of the department of education, or similar	55723
state-level agency, of each state on the list to provide evidence	55724
to refute the state's placement on the list.	55725

Not later than April 1, 2013, the panel shall recommend to	55726
the state board that the list be approved without changes or that	55727
specified states be removed from the list prior to approval. Not	55728
later than July 1, 2013, the state board shall approve a final	55729
list of states with standards for teacher licensure that are	55730
inadequate to ensure that a person to whom this section applies	55731
and who was most recently licensed to teach in that state is	55732
qualified for a professional educator license issued under section	55733
3319.22 of the Revised Code.	55734

(C) Except as otherwise provided in division (E)(1) of this	55735
section, until the date on which the state board approves a final	55736
list of states with inadequate teacher licensure standards under	55737
division (B)(2) of this section, the state board shall issue a	55738
one-year provisional educator license to any applicant to whom	55739
this section applies. On and after that date, neither the state	55740
board nor the department of education shall be party to any	55741
reciprocity agreement with a state on that list that requires the	55742
state board to issue a person to whom this section applies any	55743
type of professional educator license on the basis of the person's	55744
licensure and teaching experience in that state.	55745

(D) Upon the expiration of a provisional license issued to a	55746
person under division (C) of this section, the state board shall	55747
issue the person a professional educator license, if the person	55748
satisfies either of the following conditions:	55749

(1) The person was issued the provisional license prior to	55750
the development of the list by the state superintendent under	55751
division (B)(1) of this section and, prior to issuance of the	55752
provisional license, the person was most recently licensed to	55753
teach by a state not on the superintendent's list or, if the final	55754
list of states with inadequate teacher licensure standards has	55755
been approved by the state board under division (B)(2) of this	55756
section, by a state not on that list.	55757

(2) All of the following apply to the person:

55758

(a) Prior to obtaining the provisional license, the person	55759
was most recently licensed to teach by a state on the	55760
superintendent's list or, if the final list of states with	55761
inadequate teacher licensure standards has been approved by the	55762
state board under division (B)(2) of this section, by a state on	55763
that list.	55764

(b) The person was employed under the provisional license by	55765
a school district; community school established under Chapter	55766
3314. of the Revised Code; science, technology, engineering, and	55767
mathematics school established under Chapter 3326. of the Revised	55768
Code; or an entity contracted by such a district or school to	55769
provide internet- or computer-based instruction or distance	55770
learning programs to students.	55771

(c) The district or school certifies to the state board that	55772
the person's teaching was satisfactory while employed or	55773
contracted by the district or school.	55774

(E)(1) From July 1, 2012, until the date on which the state	55775
board approves a final list of states with inadequate teacher	55776
licensure standards under division (B)(2) of this section, the	55777
state board shall issue a professional educator license to any	55778
applicant to whom this section applies and who was most recently	55779
licensed to teach by a state that is not on the list developed by	55780
the state superintendent under division (B)(1) of this section.	55781

(2) Beginning on the date on which the state board approves a	55782
final list of states with inadequate teacher licensure standards	55783
under division (B)(2) of this section, the state board shall issue	55784
a professional educator license to any applicant to whom this	55785
section applies and who was most recently licensed to teach by a	55786
state that is not on that list.	55787

Sec. 3319.26. (A) The state board of education shall adopt	55788
rules establishing the standards and requirements for obtaining an	55789
alternative resident educator license for teaching in grades four	55790
to twelve, or the equivalent, in a designated subject area.	55791
However, an alternative resident educator license in the area of	55792
intervention specialist, as defined by rule of the state board,	55793
shall be valid for teaching in grades kindergarten to twelve.	55794

(B) ~~The superintendent of public instruction and the~~	55795
~~chancellor of the Ohio board of regents jointly shall develop an~~	55796
~~intensive pedagogical training institute to provide instruction in~~	55797
~~the principles and practices of teaching for individuals seeking~~	55798
~~an alternative resident educator license. The instruction shall~~	55799
~~cover such topics as student development and learning, pupil~~	55800
~~assessment procedures, curriculum development, classroom~~	55801
~~management, and teaching methodology.~~	55802

~~(C)~~ The rules adopted under this section shall require	55803
applicants for the alternative resident educator license to	55804
satisfy the following conditions prior to issuance of the license,	55805
but they shall not require applicants to have completed a major in	55806
the subject area for which application is being made:	55807

(1) Hold a minimum of a baccalaureate degree;

55808

(2) ~~Successfully complete the pedagogical training institute~~	55809
~~described in division (B) of this section;~~	55810

~~(3)~~ Pass an examination in the subject area for which	55811
application is being made.	55812

~~(D)~~(C) An alternative resident educator license shall be	55813
valid for four years, except that the state board, on a	55814
case-by-case basis, may extend the license's duration as necessary	55815
to enable the license holder to complete the Ohio teacher	55816
residency program established under section 3319.223 of the	55817
Revised Code.	55818

~~(E)~~(D) The rules shall require the holder of an alternative	55819
resident educator license, as a condition of continuing to hold	55820
the license, to do all of the following:	55821

(1) Participate in the Ohio teacher residency program;

55822

(2) Show satisfactory progress in taking and successfully	55823
completing atone of the following:	55824

(a) At least twelve additional semester hours, or the	55825
equivalent, of college coursework in the principles and practices	55826
of teaching in such topics as student development and learning,	55827
pupil assessment procedures, curriculum development, classroom	55828
management, and teaching methodology;	55829

(b) Professional development provided to participants of a	55830
teacher preparation program that is operated by a nonprofit	55831
organization and has been approved by the chancellor of the Ohio	55832
board of regents. The chancellor shall approve any such program	55833
that requires participants to hold a bachelor's degree; have a	55834
cumulative undergraduate grade point average of at least 2.5 out	55835
of 4.0, or its equivalent; and successfully complete a summer	55836
training institute.	55837

(3) Take an assessment of professional knowledge in the	55838
second year of teaching under the license.	55839

~~(F)~~(E) The rules shall provide for the granting of a	55840
professional educator license to a holder of an alternative	55841
resident educator license upon successfully completing all of the	55842
following:	55843

(1) Four years of teaching under the alternative license;

55844

(2) The ~~twelve semester hours, or the equivalent, of the~~	55845
additional college coursework or professional development	55846
described in division ~~(E)~~(D)(2) of this section;	55847

(3) The assessment of professional knowledge described in	55848
division ~~(E)~~(D)(3) of this section. The standards for successfully	55849
completing this assessment and the manner of conducting the	55850
assessment shall be the same as for any other individual who is	55851
required to take the assessment pursuant to rules adopted by the	55852
state board under section 3319.22 of the Revised Code.	55853

(4) The Ohio teacher residency program;

55854

(5) All other requirements for a professional educator	55855
license adopted by the state board under section 3319.22 of the	55856
Revised Code.	55857

Sec. 3319.31. (A) As used in this section and sections	55858
3123.41 to 3123.50 and 3319.311 of the Revised Code, "license"	55859
means a certificate, license, or permit described in this chapter	55860
or in division (B) of section 3301.071 or in section 3301.074 of	55861
the Revised Code.	55862

(B) For any of the following reasons, the state board of	55863
education, in accordance with Chapter 119. and section 3319.311 of	55864
the Revised Code, may refuse to issue a license to an applicant;	55865
may limit a license it issues to an applicant; may suspend,	55866
revoke, or limit a license that has been issued to any person; or	55867
may revoke a license that has been issued to any person and has	55868
expired:	55869

(1) Engaging in an immoral act, incompetence, negligence, or	55870
conduct that is unbecoming to the applicant's or person's	55871
position;	55872

(2) A plea of guilty to, a finding of guilt by a jury or	55873
court of, or a conviction of any of the following:	55874

(a) A felony other than a felony listed in division (C) of	55875
this section;	55876

(b) An offense of violence other than an offense of violence	55877
listed in division (C) of this section;	55878

(c) A theft offense, as defined in section 2913.01 of the	55879
Revised Code, other than a theft offense listed in division (C) of	55880
this section;	55881

(d) A drug abuse offense, as defined in section 2925.01 of	55882
the Revised Code, that is not a minor misdemeanor, other than a	55883
drug abuse offense listed in division (C) of this section;	55884

(e) A violation of an ordinance of a municipal corporation	55885
that is substantively comparable to an offense listed in divisions	55886
(B)(2)(a) to (d) of this section.	55887

(3) A judicial finding of eligibility for intervention in	55888
lieu of conviction under section 2951.041 of the Revised Code, or	55889
agreeing to participate in a pre-trial diversion program under	55890
section 2935.36 of the Revised Code, or a similar diversion	55891
program under rules of a court, for any offense listed in division	55892
(B)(2) or (C) of this section;	55893

(4) Failure to comply with section 3314.40, 3319.313,	55894
3326.24, 3328.19, or 5126.253 of the Revised Code.	55895

(C) Upon learning of a plea of guilty to, a finding of guilt	55896
by a jury or court of, or a conviction of any of the offenses	55897
listed in this division by a person who holds a current or expired	55898
license or is an applicant for a license or renewal of a license,	55899
the state board or the superintendent of public instruction, if	55900
the state board has delegated the duty pursuant to division (D) of	55901
this section, shall by a written order revoke the person's license	55902
or deny issuance or renewal of the license to the person. The	55903
state board or the superintendent shall revoke a license that has	55904
been issued to a person to whom this division applies and has	55905
expired in the same manner as a license that has not expired.	55906

Revocation of a license or denial of issuance or renewal of a	55907
license under this division is effective immediately at the time	55908
and date that the board or superintendent issues the written order	55909
and is not subject to appeal in accordance with Chapter 119. of	55910
the Revised Code. Revocation of a license or denial of issuance or	55911
renewal of license under this division remains in force during the	55912
pendency of an appeal by the person of the plea of guilty, finding	55913
of guilt, or conviction that is the basis of the action taken	55914
under this division.	55915

The state board or superintendent shall take the action	55916
required by this division for a violation of division (B)(1), (2),	55917
(3), or (4) of section 2919.22 of the Revised Code; a violation of	55918
section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11,	55919
2903.12, 2903.15, 2905.01, 2905.02, 2905.05, 2905.11, 2907.02,	55920
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.21, 2907.22,	55921
2907.23, 2907.24, 2907.241, 2907.25, 2907.31, 2907.311, 2907.32,	55922
2907.321, 2907.322, 2907.323, 2907.33, 2907.34, 2909.02, 2909.22,	55923
2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2913.44,	55924
2917.01, 2917.02, 2917.03, 2917.31, 2917.33, 2919.12, 2919.121,	55925
2919.13, 2921.02, 2921.03, 2921.04, 2921.05, 2921.11, 2921.34,	55926
2921.41, 2923.122, 2923.123, 2923.161, 2923.17, 2923.21, 2925.02,	55927
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.13, 2925.22,	55928
2925.23, 2925.24, 2925.32, 2925.36, 2925.37, 2927.24, or 3716.11	55929
of the Revised Code; a violation of section 2905.04 of the Revised	55930
Code as it existed prior to July 1, 1996; a violation of section	55931
2919.23 of the Revised Code that would have been a violation of	55932
section 2905.04 of the Revised Code as it existed prior to July 1,	55933
1996, had the violation been committed prior to that date;	55934
felonious sexual penetration in violation of former section	55935
2907.12 of the Revised Code; or a violation of an ordinance of a	55936
municipal corporation that is substantively comparable to an	55937
offense listed in this paragraph.	55938

(D) The state board may delegate to the superintendent of	55939
public instruction the authority to revoke a person's license or	55940
to deny issuance or renewal of a license to a person under	55941
division (C) or (F) of this section.	55942

(E)(1) If the plea of guilty, finding of guilt, or conviction	55943
that is the basis of the action taken under division (B)(2) or (C)	55944
of this section, or under the version of division (F) of section	55945
3319.311 of the Revised Code in effect prior to ~~the effective date~~	55946
~~of this amendment~~September 12, 2008, is overturned on appeal,	55947
upon exhaustion of the criminal appeal, the clerk of the court	55948
that overturned the plea, finding, or conviction or, if	55949
applicable, the clerk of the court that accepted an appeal from	55950
the court that overturned the plea, finding, or conviction, shall	55951
notify the state board that the plea, finding, or conviction has	55952
been overturned. Within thirty days after receiving the	55953
notification, the state board shall initiate proceedings to	55954
reconsider the revocation or denial of the person's license in	55955
accordance with division (E)(2) of this section. In addition, the	55956
person whose license was revoked or denied may file with the state	55957
board a petition for reconsideration of the revocation or denial	55958
along with appropriate court documents.	55959

(2) Upon receipt of a court notification or a petition and	55960
supporting court documents under division (E)(1) of this section,	55961
the state board, after offering the person an opportunity for an	55962
adjudication hearing under Chapter 119. of the Revised Code, shall	55963
determine whether the person committed the act in question in the	55964
prior criminal action against the person that is the basis of the	55965
revocation or denial and may continue the revocation or denial,	55966
may reinstate the person's license, with or without limits, or may	55967
grant the person a new license, with or without limits. The	55968
decision of the board shall be based on grounds for revoking,	55969
denying, suspending, or limiting a license adopted by rule under	55970
division (G) of this section and in accordance with the	55971
evidentiary standards the board employs for all other licensure	55972
hearings. The decision of the board under this division is subject	55973
to appeal under Chapter 119. of the Revised Code.	55974

(3) A person whose license is revoked or denied under	55975
division (C) of this section shall not apply for any license if	55976
the plea of guilty, finding of guilt, or conviction that is the	55977
basis of the revocation or denial, upon completion of the criminal	55978
appeal, either is upheld or is overturned but the state board	55979
continues the revocation or denial under division (E)(2) of this	55980
section and that continuation is upheld on final appeal.	55981

(F) The state board may take action under division (B) of	55982
this section, and the state board or the superintendent shall take	55983
the action required under division (C) of this section, on the	55984
basis of substantially comparable conduct occurring in a	55985
jurisdiction outside this state or occurring before a person	55986
applies for or receives any license.	55987

(G) The state board may adopt rules in accordance with	55988
Chapter 119. of the Revised Code to carry out this section and	55989
section 3319.311 of the Revised Code.	55990

Sec. 3319.311. (A)(1) The state board of education, or the	55991
superintendent of public instruction on behalf of the board, may	55992
investigate any information received about a person that	55993
reasonably appears to be a basis for action under section 3319.31	55994
of the Revised Code, including information received pursuant to	55995
section 3314.40, 3319.291, 3319.313, 3326.24, 3328.19, 5126.253,	55996
or 5153.176 of the Revised Code. Except as provided in division	55997
(A)(2) of this section, the board shall contract with the office	55998
of the Ohio attorney general to conduct any investigation of that	55999
nature. The board shall pay for the costs of the contract only	56000
from moneys in the state board of education licensure fund	56001
established under section 3319.51 of the Revised Code. Except as	56002
provided in division (A)(2) of this section, all information	56003
received pursuant to section 3314.40, 3319.291, 3319.313, 3326.24,	56004
3328.19, 5126.253, or 5153.176 of the Revised Code, and all	56005
information obtained during an investigation is confidential and	56006
is not a public record under section 149.43 of the Revised Code.	56007
If an investigation is conducted under this division regarding	56008
information received about a person and no action is taken against	56009
the person under this section or section 3319.31 of the Revised	56010
Code within two years of the completion of the investigation, all	56011
records of the investigation shall be expunged.	56012

(2) In the case of a person about whom the board has learned	56013
of a plea of guilty to, finding of guilt by a jury or court of, or	56014
a conviction of an offense listed in division (C) of section	56015
3319.31 of the Revised Code, or substantially comparable conduct	56016
occurring in a jurisdiction outside this state, the board or the	56017
superintendent of public instruction need not conduct any further	56018
investigation and shall take the action required by division (C)	56019
or (F) of that section. Except as provided in division (G) of this	56020
section, all information obtained by the board or the	56021
superintendent of public instruction pertaining to the action is a	56022
public record under section 149.43 of the Revised Code.	56023

(B) The superintendent of public instruction shall review the	56024
results of each investigation of a person conducted under division	56025
(A)(1) of this section and shall determine, on behalf of the state	56026
board, whether the results warrant initiating action under	56027
division (B) of section 3319.31 of the Revised Code. The	56028
superintendent shall advise the board of such determination at a	56029
meeting of the board. Within fourteen days of the next meeting of	56030
the board, any member of the board may ask that the question of	56031
initiating action under section 3319.31 of the Revised Code be	56032
placed on the board's agenda for that next meeting. Prior to	56033
initiating that action against any person, the person's name and	56034
any other personally identifiable information shall remain	56035
confidential.	56036

(C) The board shall take no action against a person under	56037
division (B) of section 3319.31 of the Revised Code without	56038
providing the person with written notice of the charges and with	56039
an opportunity for a hearing in accordance with Chapter 119. of	56040
the Revised Code.	56041

(D) For purposes of an investigation under division (A)(1) of	56042
this section or a hearing under division (C) of this section or	56043
under division (E)(2) of section 3319.31 of the Revised Code, the	56044
board, or the superintendent on behalf of the board, may	56045
administer oaths, order the taking of depositions, issue	56046
subpoenas, and compel the attendance of witnesses and the	56047
production of books, accounts, papers, records, documents, and	56048
testimony. The issuance of subpoenas under this division may be by	56049
certified mail or personal delivery to the person.	56050

(E) The superintendent, on behalf of the board, may enter	56051
into a consent agreement with a person against whom action is	56052
being taken under division (B) of section 3319.31 of the Revised	56053
Code. The board may adopt rules governing the superintendent's	56054
action under this division.	56055

(F) No surrender of a license shall be effective until the	56056
board takes action to accept the surrender unless the surrender is	56057
pursuant to a consent agreement entered into under division (E) of	56058
this section.	56059

(G) The name of any person who is not required to report	56060
information under section 3314.40, 3319.313, 3326.24, 3328.19,	56061
5126.253, or 5153.176 of the Revised Code, but who in good faith	56062
provides information to the state board or superintendent of	56063
public instruction about alleged misconduct committed by a person	56064
who holds a license or has applied for issuance or renewal of a	56065
license, shall be confidential and shall not be released. Any such	56066
person shall be immune from any civil liability that otherwise	56067
might be incurred or imposed for injury, death, or loss to person	56068
or property as a result of the provision of that information.	56069

(H)(1) No person shall knowingly make a false report to the	56070
superintendent of public instruction or the state board of	56071
education alleging misconduct by an employee of a public or	56072
chartered nonpublic school or an employee of the operator of a	56073
community school established under Chapter 3314. or a	56074
college-preparatory boarding school established under Chapter	56075
3328. of the Revised Code.	56076

(2)(a) In any civil action brought against a person in which	56077
it is alleged and proved that the person violated division (H)(1)	56078
of this section, the court shall award the prevailing party	56079
reasonable attorney's fees and costs that the prevailing party	56080
incurred in the civil action or as a result of the false report	56081
that was the basis of the violation.	56082

(b) If a person is convicted of or pleads guilty to a	56083
violation of division (H)(1) of this section, if the subject of	56084
the false report that was the basis of the violation was charged	56085
with any violation of a law or ordinance as a result of the false	56086
report, and if the subject of the false report is found not to be	56087
guilty of the charges brought against the subject as a result of	56088
the false report or those charges are dismissed, the court that	56089
sentences the person for the violation of division (H)(1) of this	56090
section, as part of the sentence, shall order the person to pay	56091
restitution to the subject of the false report, in an amount equal	56092
to reasonable attorney's fees and costs that the subject of the	56093
false report incurred as a result of or in relation to the	56094
charges.	56095

Sec. 3319.39. (A)(1) Except as provided in division	56096
(F)(2)(b) of section 109.57 of the Revised Code, the appointing or	56097
hiring officer of the board of education of a school district, the	56098
governing board of an educational service center, or of a	56099
chartered nonpublic school shall request the superintendent of the	56100
bureau of criminal identification and investigation to conduct a	56101
criminal records check with respect to any applicant who has	56102
applied to the school district, educational service center, or	56103
school for employment in any position. The appointing or hiring	56104
officer shall request that the superintendent include information	56105
from the federal bureau of investigation in the criminal records	56106
check, unless all of the following apply to the applicant:	56107

(a) The applicant is applying to be an instructor of adult	56108
education.	56109

(b) The duties of the position for which the applicant is	56110
applying do not involve routine interaction with a child or	56111
regular responsibility for the care, custody, or control of a	56112
child or, if the duties do involve such interaction or	56113
responsibility, during any period of time in which the applicant,	56114
if hired, has such interaction or responsibility, another employee	56115
of the school district, educational service center, or chartered	56116
nonpublic school will be present in the same room with the child	56117
or, if outdoors, will be within a thirty-yard radius of the child	56118
or have visual contact with the child.	56119

(c) The applicant presents proof that the applicant has been	56120
a resident of this state for the five-year period immediately	56121
prior to the date upon which the criminal records check is	56122
requested or provides evidence that within that five-year period	56123
the superintendent has requested information about the applicant	56124
from the federal bureau of investigation in a criminal records	56125
check.	56126

(2) A person required by division (A)(1) of this section to	56127
request a criminal records check shall provide to each applicant a	56128
copy of the form prescribed pursuant to division (C)(1) of section	56129
109.572 of the Revised Code, provide to each applicant a standard	56130
impression sheet to obtain fingerprint impressions prescribed	56131
pursuant to division (C)(2) of section 109.572 of the Revised	56132
Code, obtain the completed form and impression sheet from each	56133
applicant, and forward the completed form and impression sheet to	56134
the superintendent of the bureau of criminal identification and	56135
investigation at the time the person requests a criminal records	56136
check pursuant to division (A)(1) of this section.	56137

(3) An applicant who receives pursuant to division (A)(2) of	56138
this section a copy of the form prescribed pursuant to division	56139
(C)(1) of section 109.572 of the Revised Code and a copy of an	56140
impression sheet prescribed pursuant to division (C)(2) of that	56141
section and who is requested to complete the form and provide a	56142
set of fingerprint impressions shall complete the form or provide	56143
all the information necessary to complete the form and shall	56144
provide the impression sheet with the impressions of the	56145
applicant's fingerprints. If an applicant, upon request, fails to	56146
provide the information necessary to complete the form or fails to	56147
provide impressions of the applicant's fingerprints, the board of	56148
education of a school district, governing board of an educational	56149
service center, or governing authority of a chartered nonpublic	56150
school shall not employ that applicant for any position.	56151

(4) Notwithstanding any provision of this section to the	56152
contrary, an applicant who meets the conditions prescribed in	56153
divisions (A)(1)(a) and (b) of this section and who, within the	56154
two-year period prior to the date of application, was the subject	56155
of a criminal records check under this section prior to being	56156
hired for short-term employment with the school district,	56157
educational service center, or chartered nonpublic school to which	56158
application is being made shall not be required to undergo a	56159
criminal records check prior to the applicant's rehiring by that	56160
district, service center, or school.	56161

(B)(1) Except as provided in rules adopted by the department	56162
of education in accordance with division (E) of this section and	56163
as provided in division (B)(3) of this section, no board of	56164
education of a school district, no governing board of an	56165
educational service center, and no governing authority of a	56166
chartered nonpublic school shall employ a person if the person	56167
previously has been convicted of or pleaded guilty to any of the	56168
following:	56169

(a) A violation of section 2903.01, 2903.02, 2903.03,	56170
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	56171
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	56172
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	56173
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	56174
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	56175
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	56176
2925.06, or 3716.11 of the Revised Code, a violation of section	56177
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	56178
violation of section 2919.23 of the Revised Code that would have	56179
been a violation of section 2905.04 of the Revised Code as it	56180
existed prior to July 1, 1996, had the violation been committed	56181
prior to that date, a violation of section 2925.11 of the Revised	56182
Code that is not a minor drug possession offense, or felonious	56183
sexual penetration in violation of former section 2907.12 of the	56184
Revised Code;	56185

(b) A violation of an existing or former law of this state,	56186
another state, or the United States that is substantially	56187
equivalent to any of the offenses or violations described in	56188
division (B)(1)(a) of this section.	56189

(2) A board, governing board of an educational service	56190
center, or a governing authority of a chartered nonpublic school	56191
may employ an applicant conditionally until the criminal records	56192
check required by this section is completed and the board or	56193
governing authority receives the results of the criminal records	56194
check. If the results of the criminal records check indicate that,	56195
pursuant to division (B)(1) of this section, the applicant does	56196
not qualify for employment, the board or governing authority shall	56197
release the applicant from employment.	56198

(3) No board and no governing authority of a chartered	56199
nonpublic school shall employ a teacher who previously has been	56200
convicted of or pleaded guilty to any of the offenses listed in	56201
section 3319.31 of the Revised Code.	56202

(C)(1) Each board and each governing authority of a chartered	56203
nonpublic school shall pay to the bureau of criminal	56204
identification and investigation the fee prescribed pursuant to	56205
division (C)(3) of section 109.572 of the Revised Code for each	56206
criminal records check conducted in accordance with that section	56207
upon the request pursuant to division (A)(1) of this section of	56208
the appointing or hiring officer of the board or governing	56209
authority.	56210

(2) A board and the governing authority of a chartered	56211
nonpublic school may charge an applicant a fee for the costs it	56212
incurs in obtaining a criminal records check under this section. A	56213
fee charged under this division shall not exceed the amount of	56214
fees the board or governing authority pays under division (C)(1)	56215
of this section. If a fee is charged under this division, the	56216
board or governing authority shall notify the applicant at the	56217
time of the applicant's initial application for employment of the	56218
amount of the fee and that, unless the fee is paid, the board or	56219
governing authority will not consider the applicant for	56220
employment.	56221

(D) The report of any criminal records check conducted by the	56222
bureau of criminal identification and investigation in accordance	56223
with section 109.572 of the Revised Code and pursuant to a request	56224
under division (A)(1) of this section is not a public record for	56225
the purposes of section 149.43 of the Revised Code and shall not	56226
be made available to any person other than the applicant who is	56227
the subject of the criminal records check or the applicant's	56228
representative, the board or governing authority requesting the	56229
criminal records check or its representative, and any court,	56230
hearing officer, or other necessary individual involved in a case	56231
dealing with the denial of employment to the applicant.	56232

(E) The department of education shall adopt rules pursuant to	56233
Chapter 119. of the Revised Code to implement this section,	56234
including rules specifying circumstances under which the board or	56235
governing authority may hire a person who has been convicted of an	56236
offense listed in division (B)(1) or (3) of this section but who	56237
meets standards in regard to rehabilitation set by the department.	56238

The department shall amend rule 3301-83-23 of the Ohio	56239
Administrative Code that took effect August 27, 2009, and that	56240
specifies the offenses that disqualify a person for employment as	56241
a school bus or school van driver and establishes rehabilitation	56242
standards for school bus and school van drivers.	56243

(F) Any person required by division (A)(1) of this section to	56244
request a criminal records check shall inform each person, at the	56245
time of the person's initial application for employment, of the	56246
requirement to provide a set of fingerprint impressions and that a	56247
criminal records check is required to be conducted and	56248
satisfactorily completed in accordance with section 109.572 of the	56249
Revised Code if the person comes under final consideration for	56250
appointment or employment as a precondition to employment for the	56251
school district, educational service center, or school for that	56252
position.	56253

(G) As used in this section:

56254

(1) "Applicant" means a person who is under final	56255
consideration for appointment or employment in a position with a	56256
board of education, governing board of an educational service	56257
center, or a chartered nonpublic school, except that "applicant"	56258
does not include a person already employed by a board or chartered	56259
nonpublic school who is under consideration for a different	56260
position with such board or school.	56261

(2) "Teacher" means a person holding an educator license or	56262
permit issued under section 3319.22 or 3319.301 of the Revised	56263
Code and teachers in a chartered nonpublic school.	56264

(3) "Criminal records check" has the same meaning as in	56265
section 109.572 of the Revised Code.	56266

(4) "Minor drug possession offense" has the same meaning as	56267
in section 2925.01 of the Revised Code.	56268

(H) If the board of education of a local school district	56269
adopts a resolution requesting the assistance of the educational	56270
service center in which the local district has territory in	56271
conducting criminal records checks of substitute teachers and	56272
substitutes for other district employees under this section, the	56273
appointing or hiring officer of such educational service center	56274
shall serve for purposes of this section as the appointing or	56275
hiring officer of the local board in the case of hiring substitute	56276
teachers and other substitute employees for the local district.	56277

Sec. 3319.57. (A) A grant program is hereby established	56278
under which the department of education shall award grants to	56279
assist certain schools in a city, exempted village, local, or	56280
joint vocational school district in implementing one of the	56281
following innovations:	56282

(1) The use of instructional specialists to mentor and	56283
support classroom teachers;	56284

(2) The use of building managers to supervise the	56285
administrative functions of school operation so that a school	56286
principal can focus on supporting instruction, providing	56287
instructional leadership, and engaging teachers as part of the	56288
instructional leadership team;	56289

(3) The reconfiguration of school leadership structure in a	56290
manner that allows teachers to serve in leadership roles so that	56291
teachers may share the responsibility for making and implementing	56292
school decisions;	56293

(4) The adoption of new models for restructuring the school	56294
day or school year, such as including teacher planning and	56295
collaboration time as part of the school day;	56296

(5) The creation of smaller schools or smaller units within	56297
larger schools for the purpose of facilitating teacher	56298
collaboration to improve and advance the professional practice of	56299
teaching;	56300

(6) The implementation of "grow your own" recruitment	56301
strategies that are designed to assist individuals who show a	56302
commitment to education become licensed teachers, to assist	56303
experienced teachers obtain licensure in subject areas for which	56304
there is need, and to assist teachers in becoming principals;	56305

(7) The provision of better conditions for new teachers, such	56306
as reduced teaching load and reduced class size;	56307

(8) The provision of incentives to attract qualified	56308
mathematics, science, or special education teachers;	56309

(9) The development and implementation of a partnership with	56310
teacher preparation programs at colleges and universities to help	56311
attract teachers qualified to teach in shortage areas;	56312

(10) The implementation of a program to increase the cultural	56313
competency of both new and veteran teachers;	56314

(11) The implementation of a program to increase the subject	56315
matter competency of veteran teachers.	56316

(B) To qualify for a grant to implement one of the	56317
innovations described in division (A) of this section, a school	56318
must meet both of the following criteria:	56319

(1) Be hard to staff, as defined by the department.

56320

(2) Use existing school district funds for the implementation	56321
of the innovation in an amount equal to the grant amount	56322
multiplied by (1 - the district's state share percentage for the	56323
fiscal year in which the grant is awarded).	56324

For purposes of division (B)(2) of this section, "state share	56325
percentage" has the same meaning as in section ~~3306.02~~3317.02 of	56326
the Revised Code.	56327

(C) The amount and number of grants awarded under this	56328
section shall be determined by the department based on any	56329
appropriations made by the general assembly for grants under this	56330
section.	56331

(D) The state board of education shall adopt rules for the	56332
administration of this grant program.	56333

Sec. 3319.58. (A) As used in this section:

56334

(1) "Core subject area" has the same meaning as in section	56335
3319.074 of the Revised Code.	56336

(2) "Performance index score" has the same meaning as in	56337
section 3302.01 of the Revised Code.	56338

(B) The department of education annually shall rank order	56339
into percentiles according to performance index score all school	56340
buildings of all city, exempted village, and local school	56341
districts, community schools established under Chapter 3314. of	56342
the Revised Code, and STEM schools established under Chapter 3326.	56343
of the Revised Code. The department shall notify each district	56344
board of education, each community school governing authority, and	56345
each STEM school governing body of the percentile ranking of each	56346
building of the district or school and whether division (C) of	56347
this section applies to the building based on that ranking.	56348

(C) Each year, the board of education of each school	56349
district, governing authority of each community school, and	56350
governing body of each STEM school with a building in the lowest	56351
ten percentiles of performance index score shall require each	56352
classroom teacher teaching in a core subject area in such a	56353
building to register for and take all written examinations	56354
prescribed by the state board of education for licensure to teach	56355
that core subject area and the grade level to which the teacher is	56356
assigned under section 3319.22 of the Revised Code.	56357

(D) Each district board of education, each community school	56358
governing authority, and each STEM school governing body may use	56359
the results of a teacher's examinations required under division	56360
(C) of this section in developing and revising professional	56361
development plans and in deciding whether or not to continue	56362
employing the teacher in accordance with the provisions of this	56363
chapter or Chapter 3314. or 3326. of the Revised Code. However, no	56364
decision to terminate or not to renew a teacher's employment	56365
contract shall be made solely on the basis of the results of a	56366
teacher's examination under this section until and unless the	56367
teacher has not attained a passing score on the same required	56368
examination for at least three consecutive administrations of that	56369
examination.	56370

Sec. 3319.71. (A) The school health services advisory council	56371
shall make recommendations on the following topics:	56372

(1) The content of the course of instruction required to	56373
obtain a school nurse license under section 3319.221 of the	56374
Revised Code;	56375

(2) The content of the course of instruction required to	56376
obtain a school nurse wellness coordinator license under section	56377
3319.221 of the Revised Code;	56378

(3) Best practices for the use of school nurses and school	56379
nurse wellness coordinators in providing health and wellness	56380
programs for students and employees of school districts, community	56381
schools established under Chapter 3314. of the Revised Code, and	56382
STEM schools established under Chapter 3326. of the Revised Code.	56383

(B) The council shall issue its initial recommendations not	56384
later than March 31, 2010, and may issue subsequent	56385
recommendations as it considers necessary. Copies of all	56386
recommendations shall be provided to the state board of education,	56387
the chancellor of the Ohio board of regents, and the board of	56388
nursing~~, and the health care coverage and quality council~~.	56389

Sec. 3323.09. (A) As used in this section:

56390

(1) "Home" has the meaning given in section 3313.64 of the	56391
Revised Code.	56392

(2) "Preschool child" means a child who is at least age three	56393
but under age six on the thirtieth day of September of an academic	56394
year.	56395

(B) Each county DD board shall establish special education	56396
programs for all children with disabilities who in accordance with	56397
section 3323.04 of the Revised Code have been placed in special	56398
education programs operated by the county board and for preschool	56399
children who are developmentally delayed or at risk of being	56400
developmentally delayed. The board annually shall submit to the	56401
department of education a plan for the provision of these programs	56402
and, if applicable, a request for approval of units under section	56403
3317.05 of the Revised Code. The superintendent of public	56404
instruction shall review the plan and approve or modify it in	56405
accordance with rules adopted by the state board of education	56406
under section 3301.07 of the Revised Code. The superintendent of	56407
public instruction shall compile the plans submitted by county	56408
boards and shall submit a comprehensive plan to the state board.	56409

A county DD board may combine transportation for children	56410
enrolled in classes funded under section 3317.20 or units approved	56411
under section 3317.05 with transportation for children and adults	56412
enrolled in programs and services offered by the board under	56413
~~section 5126.12~~Chapter 5126. of the Revised Code.	56414

(C) A county DD board that during the school year provided	56415
special education pursuant to this section for any child with	56416
mental disabilities under twenty-two years of age shall prepare	56417
and submit the following reports and statements:	56418

(1) The board shall prepare a statement for each child who at	56419
the time of receiving such special education was a resident of a	56420
home and was not in the legal or permanent custody of an Ohio	56421
resident or a government agency in this state, and whose natural	56422
or adoptive parents are not known to have been residents of this	56423
state subsequent to the child's birth. The statement shall contain	56424
the child's name, the name of the child's school district of	56425
residence, the name of the county board providing the special	56426
education, and the number of months, including any fraction of a	56427
month, it was provided. Not later than the thirtieth day of June,	56428
the board shall forward a certified copy of such statement to both	56429
the director of developmental disabilities and to the home.	56430

Within thirty days after its receipt of a statement, the home	56431
shall pay tuition to the county board computed in the manner	56432
prescribed by section 3323.141 of the Revised Code.	56433

(2) The board shall prepare a report for each school district	56434
that is the school district of residence of one or more of such	56435
children for whom statements are not required by division (C)(1)	56436
of this section. The report shall contain the name of the county	56437
board providing special education, the name of each child	56438
receiving special education, the number of months, including	56439
fractions of a month, that the child received it, and the name of	56440
the child's school district of residence. Not later than the	56441
thirtieth day of June, the board shall forward certified copies of	56442
each report to the school district named in the report, the	56443
superintendent of public instruction, and the director of	56444
developmental disabilities.	56445

Sec. 3323.091. (A) The department of mental health, the	56446
department of developmental disabilities, the department of youth	56447
services, and the department of rehabilitation and correction	56448
shall establish and maintain special education programs for	56449
children with disabilities in institutions under their	56450
jurisdiction according to standards adopted by the state board of	56451
education.	56452

(B) The superintendent of each state institution required to	56453
provide services under division (A) of this section, and each	56454
county DD board, providing special education for preschool	56455
children with disabilities under this chapter may apply to the	56456
state department of education for unit funding, which shall be	56457
paid in accordance with sections 3317.052 and 3317.053 of the	56458
Revised Code.	56459

The superintendent of each state institution required to	56460
provide services under division (A) of this section may apply to	56461
the department of education for special education and related	56462
services weighted funding for children with disabilities other	56463
than preschool children with disabilities, calculated in	56464
accordance with section 3317.201 of the Revised Code.	56465

Each county DD board providing special education for children	56466
with disabilities other than preschool children with disabilities	56467
may apply to the department of education for base cost and special	56468
education and related services weighted funding calculated in	56469
accordance with section 3317.20 of the Revised Code.	56470

(C) In addition to the authorization to apply for state	56471
funding described in division (B) of this section, each state	56472
institution required to provide services under division (A) of	56473
this section is entitled to tuition payments calculated in the	56474
manner described in division (C) of this section.	56475

On or before the thirtieth day of June of each year, the	56476
superintendent of each institution that during the school year	56477
provided special education pursuant to this section shall prepare	56478
a statement for each child with a disability under twenty-two	56479
years of age who has received special education. The statement	56480
shall contain the child's data verification code assigned pursuant	56481
to division (D)(2) of section 3301.0714 of the Revised Code and	56482
the name of the child's school district of residence. Within sixty	56483
days after receipt of such statement, the department of education	56484
shall perform one of the following:	56485

(1) For any child except a preschool child with a disability	56486
described in division (C)(2) of this section, pay to the	56487
institution submitting the statement an amount equal to the	56488
tuition calculated under division (A) of section 3317.08 of the	56489
Revised Code for the period covered by the statement, and deduct	56490
the same from the amount of state funds, if any, payable under	56491
~~sections 3306.13 and 3317.023~~Chapter 3317. of the Revised Code,	56492
to the child's school district of residence or, if the amount of	56493
such state funds is insufficient, require the child's school	56494
district of residence to pay the institution submitting the	56495
statement an amount equal to the amount determined under this	56496
division.	56497

(2) For any preschool child with a disability not included in	56498
a unit approved under division (B) of section 3317.05 of the	56499
Revised Code, perform the following:	56500

(a) Pay to the institution submitting the statement an amount	56501
equal to the tuition calculated under division (B) of section	56502
3317.08 of the Revised Code for the period covered by the	56503
statement, except that in calculating the tuition under that	56504
section the operating expenses of the institution submitting the	56505
statement under this section shall be used instead of the	56506
operating expenses of the school district of residence;	56507

(b) Deduct from the amount of state funds, if any, payable	56508
under ~~sections 3317.022 or 3306.13 and 3317.023~~Chapter 3317. of	56509
the Revised Code to the child's school district of residence an	56510
amount equal to the amount paid under division (C)(2)(a) of this	56511
section.	56512

Sec. 3323.14. This section does not apply to any preschool	56513
child with a disability except if included in a unit approved	56514
under division (B) of section 3317.05 of the Revised Code.	56515

(A) Where a child who is a school resident of one school	56516
district receives special education from another district and the	56517
per capita cost to the educating district for that child exceeds	56518
the sum of the amount received by the educating district for that	56519
child under division (A) of section 3317.08 of the Revised Code	56520
and the amount received by the district from the state board of	56521
education for that child, then the board of education of the	56522
district of residence shall pay to the board of the school	56523
district that is providing the special education such excess cost	56524
as is determined by using a formula approved by the department of	56525
education and agreed upon in contracts entered into by the boards	56526
of the districts concerned at the time the district providing such	56527
special education accepts the child for enrollment. The department	56528
shall certify the amount of the payments under ~~Chapters 3306. and~~	56529
Chapter 3317. of the Revised Code for such pupils with	56530
disabilities for each school year ending on the thirtieth day of	56531
July.	56532

(B) In the case of a child described in division (A) of this	56533
section who has been placed in a home, as defined in section	56534
3313.64 of the Revised Code, pursuant to the order of a court and	56535
who is not subject to section 3323.141 of the Revised Code, the	56536
district providing the child with special education and related	56537
services may charge to the child's district of residence the	56538
excess cost determined by formula approved by the department,	56539
regardless of whether the district of residence has entered into a	56540
contract with the district providing the services. If the district	56541
providing the services chooses to charge excess costs, the	56542
district may report the amount calculated under this division to	56543
the department.	56544

(C) If a district providing special education for a child	56545
reports an amount for the excess cost of those services, as	56546
authorized and calculated under division (A) or (B) of this	56547
section, the department shall pay that amount of excess cost to	56548
the district providing the services and shall deduct that amount	56549
from the child's district of residence in accordance with division	56550
~~(N)~~(K) of section 3317.023 of the Revised Code.	56551

Sec. 3323.142. This section does not apply to any preschool	56552
child with a disability except if included in a unit approved	56553
under division (B) of section 3317.05 of the Revised Code.	56554

As used in this section, "per pupil amount" for a preschool	56555
child with a disability included in such an approved unit means	56556
the amount determined by dividing the amount received for the	56557
classroom unit in which the child has been placed by the number of	56558
children in the unit. For any other child, "per pupil amount"	56559
means the amount paid for the child under section 3317.20 of the	56560
Revised Code.	56561

When a school district places or has placed a child with a	56562
county DD board for special education, but another district is	56563
responsible for tuition under section 3313.64 or 3313.65 of the	56564
Revised Code and the child is not a resident of the territory	56565
served by the county DD board, the board may charge the district	56566
responsible for tuition with the educational costs in excess of	56567
the per pupil amount received by the board under ~~Chapters 3306.~~	56568
~~and~~Chapter 3317. of the Revised Code. The amount of the excess	56569
cost shall be determined by the formula established by rule of the	56570
department of education under section 3323.14 of the Revised Code,	56571
and the payment for such excess cost shall be made by the school	56572
district directly to the county DD board.	56573

A school district board of education and the county DD board	56574
that serves the school district may negotiate and contract, at or	56575
after the time of placement, for payments by the board of	56576
education to the county DD board for additional services provided	56577
to a child placed with the county DD board and whose	56578
individualized education program established pursuant to section	56579
3323.08 of the Revised Code requires additional services that are	56580
not routinely provided children in the county DD board's program	56581
but are necessary to maintain the child's enrollment and	56582
participation in the program. Additional services may include, but	56583
are not limited to, specialized supplies and equipment for the	56584
benefit of the child and instruction, training, or assistance	56585
provided by staff members other than staff members for which	56586
funding is received under Chapter ~~3306. or~~ 3317. of the Revised	56587
Code.	56588

Sec. 3323.25. (A) This section applies to an individual	56589
enrolled in a dropout prevention and recovery program operated by	56590
a community school for whom all of the following conditions are	56591
met:	56592

(1) The individual is between twenty-two and thirty years of	56593
age.	56594

(2) The individual is enrolled in the school's program under	56595
section 3314.38 of the Revised Code.	56596

(3) The individual has a disability of the types described in	56597
division (A)(1) of section 3323.01 of the Revised Code.	56598

(B) In addition to its other responsibilities under this	56599
chapter, the community school may provide to any individual to	56600
whom this section applies special education and related services	56601
in accordance with rules adopted by the state board of education	56602
under division (C) of this section.	56603

(C) The state board shall adopt rules, in accordance with	56604
Chapter 119. of the Revised Code, prescribing standards and	56605
requirements for the provision of special education and related	56606
services to individuals to whom this section applies that are	56607
comparable to the standards and requirements for services to	56608
children with disabilities. The rules shall include standards and	56609
requirements for the identification of individuals with	56610
disabilities who qualify for services under this section,	56611
development and implementation of service plans for those	56612
services, appropriate procedural safeguards, and any other issues	56613
the state board determines are necessary to implement this	56614
section.	56615

Sec. 3323.31. The Franklin county educational service center	56616
shall establish the Ohio ~~Center~~center for ~~Autism~~autism and ~~Low~~	56617
~~Incidence~~low incidence. The ~~Center~~center shall administer	56618
programs and coordinate services for infants, preschool and	56619
school-age children, and adults with autism and low incidence	56620
disabilities. The ~~Center's~~center's principal focus shall be	56621
programs and services for persons with autism. The ~~Center~~center	56622
shall be under the direction of an executive director, appointed	56623
by the superintendent of the service center in consultation with	56624
the advisory board established under section 3323.33 of the	56625
Revised Code.	56626

In addition to its other duties, the Ohio ~~Center~~center for	56627
~~Autism~~autism and ~~Low Incidence~~low incidence shall participate	56628
as a member of anthe interagency workgroup on autism, as it is	56629
established by the ~~department~~director of developmental	56630
disabilities ~~and~~under section 5123.0419 of the Revised Code. The	56631
center shall provide technical assistance and support to the	56632
department of developmental disabilities in the department's	56633
leadership role to develop and implement the ~~initiatives~~	56634
~~identified by~~projects and activities of the workgroup.	56635

Sec. 3324.05. (A) Each school district shall submit an	56636
annual report to the department of education specifying the number	56637
of students in each of grades kindergarten through ~~twelfth~~twelve	56638
screened, the number assessed, and the number identified as gifted	56639
in each category specified in section 3324.03 of the Revised Code.	56640

(B) The department of education shall audit each school	56641
district's identification numbers at least once every three years	56642
and may select any district at random or upon complaint or	56643
suspicion of noncompliance for a further audit to determine	56644
compliance with sections 3324.03 to 3324.06 of the Revised Code.	56645

(C) The department shall provide technical assistance to any	56646
district found in noncompliance under division (B) of this	56647
section. The department may reduce funds received by the district	56648
under ~~Chapters 3306. and~~Chapter 3317. of the Revised Code by any	56649
amount if the district continues to be noncompliant.	56650

Sec. 3324.08. Any person employed by a school district and	56651
assigned to a school as a principal or any other position may also	56652
serve as the district's gifted education coordinator, if qualified	56653
to do so pursuant to the rules adopted by the state board of	56654
education under this chapter.	56655

Sec. 3325.01. The state school for the deaf and the state	56656
school for the blind shall be under the control and supervision of	56657
the state board of education. On the recommendation of the	56658
superintendent of public instruction, the state board of education	56659
shall appoint a superintendent for the state school for the deaf	56660
and a superintendent for the state school for the blind, each of	56661
whom shall serve at the pleasure of the state board. The state	56662
board may appoint one person to serve as the superintendent for	56663
both the state school for the deaf and the state school for the	56664
blind.	56665

Sec. 3325.08. (A) A diploma shall be granted by the	56666
superintendent of the state school for the blind and the	56667
superintendent of the state school for the deaf to any student	56668
enrolled in one of these state schools to whom all of the	56669
following apply:	56670

(1) The student has successfully completed the individualized	56671
education program developed for the student for the student's high	56672
school education pursuant to section 3323.08 of the Revised Code;	56673

(2) Subject to section 3313.614 of the Revised Code, the	56674
student has met the assessment requirements of division (A)(2)(a)	56675
or (b) of this section, as applicable.	56676

(a) If the student entered the ninth grade prior to the date	56677
prescribed by rule of the state board of education under division	56678
~~(E)~~(D)(2) of section 3301.0712 of the Revised Code, the student	56679
either:	56680

(i) Has attained at least the applicable scores designated	56681
under division (B)(1) of section 3301.0710 of the Revised Code on	56682
all the assessments prescribed by that division unless division	56683
(L) of section 3313.61 of the Revised Code applies to the student;	56684

(ii) Has satisfied the alternative conditions prescribed in	56685
section 3313.615 of the Revised Code.	56686

(b) If the student entered the ninth grade on or after the	56687
date prescribed by rule of the state board under division	56688
~~(E)~~(D)(2) of section 3301.0712 of the Revised Code, the student	56689
has ~~attained on~~met the requirements of the entire assessment	56690
system prescribed under division (B)(2) of section 3301.0710 of	56691
the Revised Code ~~at least the required passing composite score,~~	56692
~~designated under division (C)(1) of section 3301.0712 of the~~	56693
~~Revised Code~~, except to the extent that division (L) of section	56694
3313.61 of the Revised Code applies to the student.	56695

(3) The student is not eligible to receive an honors diploma	56696
granted pursuant to division (B) of this section.	56697

No diploma shall be granted under this division to anyone	56698
except as provided under this division.	56699

(B) In lieu of a diploma granted under division (A) of this	56700
section, the superintendent of the state school for the blind and	56701
the superintendent of the state school for the deaf shall grant an	56702
honors diploma, in the same manner that the boards of education of	56703
school districts grant such diplomas under division (B) of section	56704
3313.61 of the Revised Code, to any student enrolled in one of	56705
these state schools who accomplishes all of the following:	56706

(1) Successfully completes the individualized education	56707
program developed for the student for the student's high school	56708
education pursuant to section 3323.08 of the Revised Code;	56709

(2) Subject to section 3313.614 of the Revised Code, has met	56710
the assessment requirements of division (B)(2)(a) or (b) of this	56711
section, as applicable.	56712

(a) If the student entered the ninth grade prior to the date	56713
prescribed by rule of the state board under division ~~(E)~~(D)(2) of	56714
section 3301.0712 of the Revised Code, the student either:	56715

(i) Has attained at least the applicable scores designated	56716
under division (B)(1) of section 3301.0710 of the Revised Code on	56717
all the assessments prescribed under that division;	56718

(ii) Has satisfied the alternative conditions prescribed in	56719
section 3313.615 of the Revised Code.	56720

(b) If the student entered the ninth grade on or after the	56721
date prescribed by rule of the state board under division	56722
~~(E)~~(D)(2) of section 3301.0712 of the Revised Code, the student	56723
has ~~attained on~~met the requirements of the entire assessment	56724
system prescribed under division (B)(2) of section 3301.0710 of	56725
the Revised Code ~~at least the required passing composite score,~~	56726
~~designated under division (C)(1) of section 3301.0712 of the~~	56727
~~Revised Code~~.	56728

(3) Has met additional criteria for granting an honors	56729
diploma.	56730

These additional criteria shall be the same as those	56731
prescribed by the state board under division (B) of section	56732
3313.61 of the Revised Code for the granting of such diplomas by	56733
school districts. No honors diploma shall be granted to anyone	56734
failing to comply with this division and not more than one honors	56735
diploma shall be granted to any student under this division.	56736

(C) A diploma or honors diploma awarded under this section	56737
shall be signed by the superintendent of public instruction and	56738
the superintendent of the state school for the blind or the	56739
superintendent of the state school for the deaf, as applicable.	56740
Each diploma shall bear the date of its issue and be in such form	56741
as the school superintendent prescribes.	56742

(D) Upon granting a diploma to a student under this section,	56743
the superintendent of the state school in which the student is	56744
enrolled shall provide notice of receipt of the diploma to the	56745
board of education of the school district where the student is	56746
entitled to attend school under section 3313.64 or 3313.65 of the	56747
Revised Code when not residing at the state school for the blind	56748
or the state school for the deaf. The notice shall indicate the	56749
type of diploma granted.	56750

Sec. 3326.11. Each science, technology, engineering, and	56751
mathematics school established under this chapter and its	56752
governing body shall comply with sections 9.90, 9.91, 109.65,	56753
121.22, 149.43, 2151.357, 2151.421, 2313.18, 2921.42, 2921.43,	56754
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18,	56755
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50,	56756
3313.536, 3313.608, 3313.6012, 3313.6013, 3313.6014, 3313.6015,	56757
3313.61, 3313.611, 3313.614, 3313.615, 3313.643, 3313.648,	56758
3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.67,	56759
3313.671, 3313.672, 3313.673, 3313.674, 3313.69, 3313.71,	56760
3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814,	56761
3313.816, 3313.817, 3313.86, 3313.88, 3313.96, 3317.141, 3319.073,	56762
3319.08, 3319.111, 3319.17, 3319.21, 3319.32, 3319.321, 3319.35,	56763
3319.39, 3319.391, 3319.41, 3319.45, 3321.01, 3321.041, 3321.13,	56764
3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17,	56765
4113.52, and 5705.391 and Chapters 102., 117., 1347., 2744.,	56766
3307., 3309., 3365., 3742., 4112., 4123., 4141., and 4167. of the	56767
Revised Code as if it were a school district.	56768

Sec. 3326.33. Payments and deductions under this section for	56769
fiscal years ~~2010~~2012 and ~~2011~~2013 shall be made in accordance	56770
with section 3326.39 of the Revised Code.	56771

For each student enrolled in a science, technology,	56772
engineering, and mathematics school established under this	56773
chapter, the department of education annually shall deduct from	56774
the state education aid of a student's resident school district	56775
and, if necessary, from the payment made to the district under	56776
sections 321.24 and 323.156 of the Revised Code and pay to the	56777
school the sum of the following:	56778

(A) The sum of the formula amount plus the per pupil amount	56779
of the base funding supplements specified in divisions (C)(1) to	56780
(4) of section 3317.012 of the Revised Code.	56781

(B) If the student is receiving special education and related	56782
services pursuant to an IEP, the product of the applicable special	56783
education weight times the formula amount;	56784

(C) If the student is enrolled in vocational education	56785
programs or classes that are described in section 3317.014 of the	56786
Revised Code, are provided by the school, and are comparable as	56787
determined by the superintendent of public instruction to school	56788
district vocational education programs and classes eligible for	56789
state weighted funding under section 3317.014 of the Revised Code,	56790
the product of the applicable vocational education weight times	56791
the formula amount times the percentage of time the student spends	56792
in the vocational education programs or classes;	56793

(D) If the student is included in the poverty student count	56794
of the student's resident district, the per pupil amount of the	56795
district's payment under division (C) of section 3317.029 of the	56796
Revised Code;	56797

(E) If the student is identified as limited English	56798
proficient and the student's resident district receives a payment	56799
for services to limited English proficient students under division	56800
(F) of section 3317.029 of the Revised Code, the per pupil amount	56801
of the district's payment under that division, calculated in the	56802
same manner as per pupil payments are calculated under division	56803
(C)(6) of section 3314.08 of the Revised Code;	56804

(F) If the student's resident district receives a payment	56805
under division (G), (H), or (I) of section 3317.029 of the Revised	56806
Code, the per pupil amount of the district's payments under each	56807
division, calculated in the same manner as per pupil payments are	56808
calculated under divisions (C)(7) and (8) of section 3314.08 of	56809
the Revised Code;	56810

(G) If the student's resident district receives a parity aid	56811
payment under section 3317.0217 of the Revised Code, the per pupil	56812
amount calculated for the district under division (C) or (D) of	56813
that section.	56814

Sec. 3326.39. For purposes of applying sections 3326.31 to	56815
3326.37 of the Revised Code to fiscal years ~~2010~~2012 and ~~2011~~	56816
2013:	56817

(A) The formula amount for STEM schools for each of fiscal	56818
~~year 2010 is $5,718, and for fiscal year 2011 is $5,703. These~~	56819
~~respective amounts~~years 2012 and 2013 is $5,653. That amount	56820
shall be applied wherein sections 3326.31 to 3326.37 of the	56821
Revised Code the formula amount is specified, except for deducting	56822
and paying amounts for special education weighted funding and	56823
vocational education weighted funding.	56824

(B) The base funding supplements under section 3317.012 of	56825
the Revised Code shall be deemed in each year to be the amounts	56826
specified in that section for fiscal year 2009.	56827

(C) Special education additional weighted funding shall be	56828
calculated by multiplying the applicable weight specified for	56829
fiscal year 2009 in section 3317.013 of the Revised Code, as it	56830
existed for that fiscal year ~~2009~~, times $5,732.	56831

(D) Vocational education additional weighted funding shall be	56832
calculated by multiplying the applicable weight specified in	56833
section 3317.014 of the Revised Code for fiscal year 2009 times	56834
$5,732.	56835

(E) The per pupil amounts paid to a school district under	56836
sections 3317.029 and 3317.0217 of the Revised Code shall be	56837
deemed to be the respective per pupil amounts paid under those	56838
sections to that district for fiscal year 2009.	56839

Sec. 3327.02. (A) After considering each of the following	56840
factors, the board of education of a city, exempted village, or	56841
local school district may determine that it is impractical to	56842
transport a pupil who is eligible for transportation to and from a	56843
school under section 3327.01 of the Revised Code:	56844

(1) The time and distance required to provide the	56845
transportation;	56846

(2) The number of pupils to be transported;

56847

(3) The cost of providing transportation in terms of	56848
equipment, maintenance, personnel, and administration;	56849

(4) Whether similar or equivalent service is provided to	56850
other pupils eligible for transportation;	56851

(5) Whether and to what extent the additional service	56852
unavoidably disrupts current transportation schedules;	56853

(6) Whether other reimbursable types of transportation are	56854
available.	56855

(B)(1) Based on its consideration of the factors established	56856
in division (A) of this section, the board may pass a resolution	56857
declaring the impracticality of transportation. The resolution	56858
shall include each pupil's name and the reason for impracticality.	56859

(2) The board shall report its determination to the state	56860
board of education in a manner determined by the state board.	56861

(3) The board of education of a local school district	56862
additionally shall submit the resolution for concurrence to the	56863
educational service center that contains the local district's	56864
territory. If the educational service center governing board	56865
considers transportation by school conveyance practicable, it	56866
shall so inform the local board and transportation shall be	56867
provided by such local board. If the educational service center	56868
board agrees with the view of the local board, the local board may	56869
offer payment in lieu of transportation as provided in this	56870
section.	56871

(C) After passing the resolution declaring the impracticality	56872
of transportation, the district board shall offer to provide	56873
payment in lieu of transportation by doing the following:	56874

(1) In accordance with guidelines established by the	56875
department of education, informing the pupil's parent, guardian,	56876
or other person in charge of the pupil of both of the following:	56877

(a) The board's resolution;

56878

(b) The right of the pupil's parent, guardian, or other	56879
person in charge of the pupil to accept the offer of payment in	56880
lieu of transportation or to reject the offer and instead request	56881
the department to initiate mediation procedures.	56882

(2) Issuing the pupil's parent, guardian, or other person in	56883
charge of the pupil a contract or other form on which the parent,	56884
guardian, or other person in charge of the pupil is given the	56885
option to accept or reject the board's offer of payment in lieu of	56886
transportation.	56887

(D) If the parent, guardian, or other person in charge of the	56888
pupil accepts the offer of payment in lieu of providing	56889
transportation, the board shall pay the parent, guardian, or other	56890
person in charge of the ~~child~~pupil an amount that shall be not	56891
less than the amount determined by the department of education as	56892
the minimum for payment in lieu of transportation, and not more	56893
than the amount determined by the department as the average cost	56894
of pupil transportation for the previous school year. Payment may	56895
be prorated if the time period involved is only a part of the	56896
school year.	56897

(E)(1)(a) Upon the request of a parent, guardian, or other	56898
person in charge of the pupil who rejected the payment in lieu of	56899
transportation, the department shall conduct mediation procedures.	56900

(b) If the mediation does not resolve the dispute, the state	56901
board of education shall conduct a hearing in accordance with	56902
Chapter 119. of the Revised Code. The state board may approve the	56903
payment in lieu of transportation or may order the board of	56904
education to provide transportation. The decision of the state	56905
board is binding in subsequent years and on future parties in	56906
interest provided the facts of the determination remain	56907
comparable.	56908

(2) The school district shall provide transportation for the	56909
pupil from the time the parent, guardian, or other person in	56910
charge of the pupil requests mediation until the matter is	56911
resolved under division (E)(1)(a) or (b) of this section.	56912

(F)(1) If the department determines that a school district	56913
board has failed or is failing to provide transportation as	56914
required by division (E)(2) of this section or as ordered by the	56915
state board under division (E)(1)(b) of this section, the	56916
department shall order the school district board to pay to the	56917
pupil's parent, guardian, or other person in charge of the pupil,	56918
an amount equal to the state average daily cost of transportation	56919
as determined by the state board of education for the previous	56920
year. The school district board shall make payments on a schedule	56921
ordered by the department.	56922

(2) If the department subsequently finds that a school	56923
district board is not in compliance with an order issued under	56924
division (F)(1) of this section and the affected pupils are	56925
enrolled in a nonpublic or community school, the department shall	56926
deduct the amount that the board is required to pay under that	56927
order from any pupil transportation payments the department makes	56928
to the school district board under section ~~3306.12~~3317.0212 of	56929
the Revised Code or other provisions of law. The department shall	56930
use the moneys so deducted to make payments to the nonpublic or	56931
community school attended by the pupil. The department shall	56932
continue to make the deductions and payments required under this	56933
division until the school district board either complies with the	56934
department's order issued under division (F)(1) of this section or	56935
begins providing transportation.	56936

(G) A nonpublic or community school that receives payments	56937
from the department under division (F)(2) of this section shall do	56938
either of the following:	56939

(1) Disburse the entire amount of the payments to the parent,	56940
guardian, or other person in ~~control~~charge of the pupil affected	56941
by the failure of the school district of residence to provide	56942
transportation;	56943

(2) Use the entire amount of the payments to provide	56944
acceptable transportation for the affected pupil.	56945

Sec. 3327.04. (A) The board of education of any city,	56946
exempted village, or local school district may contract with the	56947
board of another district for the admission or transportation, or	56948
both, of pupils into any school in such other district, on terms	56949
agreed upon by such boards.	56950

(B) The boards of two school districts may enter into a	56951
contract under this section to share the provision of	56952
transportation to a child who resides in one school district and	56953
attends school in the other district. Under such an agreement, one	56954
district may claim the total transportation subsidy available for	56955
such child under section ~~3306.12~~3317.0212 of the Revised Code or	56956
other provisions of law and may agree to pay any portion of such	56957
subsidy to the other district sharing the provision of	56958
transportation to that child. The contract shall delineate the	56959
transportation responsibilities of each district.	56960

A school district that enters into a contract under this	56961
section is not liable for any injury, death, or loss to the person	56962
or property of a student that may occur while the student is being	56963
furnished transportation by the other school district that is a	56964
party to the contract.	56965

(C) Whenever a board not maintaining a high school enters	56966
into an agreement with one or more boards maintaining such school	56967
for the schooling of all its high school pupils, the board making	56968
such agreement is exempt from the payment of tuition at other high	56969
schools of pupils living within three miles of the school	56970
designated in the agreement. In case no such agreement is entered	56971
into, the high school to be attended can be selected by the pupil	56972
holding an eighth grade diploma, and the tuition shall be paid by	56973
the board of the district of school residence.	56974

Sec. 3327.05. (A) Except as provided in division (B) of this	56975
section, no board of education of any school district shall	56976
provide transportation for any pupil who is a school resident of	56977
another school district unless the pupil is enrolled pursuant to	56978
section 3313.98 of the Revised Code or the board of the other	56979
district has given its written consent thereto. If the board of	56980
any school district files with the state board of education a	56981
written complaint that transportation for resident pupils is being	56982
provided by the board of another school district contrary to this	56983
division, the state board of education shall make an investigation	56984
of such complaint. If the state board of education finds that	56985
transportation is being provided contrary to this section, it may	56986
withdraw from state funds due the offending district any part of	56987
the amount that has been approved for transportation pursuant to	56988
section ~~3306.12~~3317.0212 of the Revised Code or other provisions	56989
of law.	56990

(B) Notwithstanding division (D) of section 3311.19 and	56991
division (D) of section 3311.52 of the Revised Code, this division	56992
does not apply to any joint vocational or cooperative education	56993
school district.	56994

A board of education may provide transportation to and from	56995
the nonpublic school of attendance if both of the following apply:	56996

(1) The parent, guardian, or other person in charge of the	56997
pupil agrees to pay the board for all costs incurred in providing	56998
the transportation that are not reimbursed pursuant to Chapter	56999
~~3306. or~~ 3317. of the Revised Code;	57000

(2) The pupil's school district of residence does not provide	57001
transportation for public school pupils of the same grade as the	57002
pupil being transported under this division, or that district is	57003
not required under section 3327.01 of the Revised Code to	57004
transport the pupil to and from the nonpublic school because the	57005
direct travel time to the nonpublic school is more than thirty	57006
minutes.	57007

Upon receipt of the request to provide transportation, the	57008
board shall review the request and determine whether the board	57009
will accommodate the request. If the board agrees to transport the	57010
pupil, the board may transport the pupil to and from the nonpublic	57011
school and a collection point in the district, as determined by	57012
the board. If the board transports the pupil, the board may	57013
include the pupil in the district's transportation ADM reported to	57014
the department of education under section 3317.03 of the Revised	57015
Code and, accordingly, may receive a state payment under section	57016
~~3306.12~~3317.0212 of the Revised Code or other provisions of law	57017
for transporting the pupil.	57018

If the board declines to transport the pupil, the board, in a	57019
written communication to the parent, guardian, or other person in	57020
charge of the pupil, shall state the reasons for declining the	57021
request.	57022

Sec. 3328.01. As used in this chapter:

57023

(A) "Child with a disability," "IEP," and "school district of	57024
residence" have the same meanings as in section 3323.01 of the	57025
Revised Code.	57026

(B) "Eligible student" means a student who is entitled to	57027
attend school in a participating school district; is at risk of	57028
academic failure; is from a family whose income is below two	57029
hundred per cent of the federal poverty guidelines, as defined in	57030
section 5101.46 of the Revised Code; meets any additional criteria	57031
prescribed by agreement between the state board of education and	57032
the operator of the college-preparatory boarding school in which	57033
the student seeks enrollment; and meets at least two of the	57034
following additional conditions:	57035

(1) The student has a record of in-school disciplinary	57036
actions, suspensions, expulsions, or truancy.	57037

(2) The student has not attained at least a proficient score	57038
on the state achievement assessments in English language arts,	57039
reading, or mathematics prescribed under section 3301.0710 of the	57040
Revised Code, after those assessments have been administered to	57041
the student at least once, or the student has not attained at	57042
least a score designated by the board of trustees of the	57043
college-preparatory boarding school in which the student seeks	57044
enrollment under this chapter on an end-of-course examination in	57045
English language arts or mathematics prescribed under section	57046
3301.0712 of the Revised Code.	57047

(3) The student is a child with a disability.

57048

(4) The student has been referred for academic intervention	57049
services.	57050

(5) The student's head of household is a single parent. As	57051
used in this division and in division (B)(6) of this section,	57052
"head of household" means a person who occupies the same household	57053
as the student and who is financially responsible for the student.	57054

(6) The student's head of household is not the student's	57055
custodial parent.	57056

(7) A member of the student's family has been imprisoned, as	57057
defined in section 1.05 of the Revised Code.	57058

(C) "Entitled to attend school" means entitled to attend	57059
school in a school district under section 3313.64 or 3313.65 of	57060
the Revised Code.	57061

(D) "Operator" means the operator of a college-preparatory	57062
boarding school selected under section 3328.11 of the Revised	57063
Code.	57064

(E) "Participating school district" means either of the	57065
following:	57066

(1) The school district in which a college-preparatory	57067
boarding school established under this chapter is located;	57068

(2) A school district other than one described in division	57069
(E)(1) of this section that, pursuant to procedures adopted by the	57070
state board of education under section 3328.04 of the Revised	57071
Code, agrees to be a participating school district so that	57072
eligible students entitled to attend school in that district may	57073
enroll in a college-preparatory boarding school established under	57074
this chapter.	57075

Sec. 3328.02. Each college-preparatory boarding school	57076
established under this chapter is a public school and is part of	57077
the state's program of education, subject to a charter granted by	57078
the state board of education under section 3301.16 of the Revised	57079
Code.	57080

Sec. 3328.03. In accordance with Section 22 of Article II,	57081
Ohio Constitution, no agreement or contract entered into under	57082
this chapter shall create an obligation of state funds for a	57083
period longer than two years; however, the general assembly, every	57084
two years, may authorize renewal of any such obligation.	57085

Sec. 3328.04. The city, exempted village, or local school	57086
district in which a college-preparatory boarding school	57087
established under this chapter is located is a participating	57088
school district under this chapter. Any other city, exempted	57089
village, or local school district may agree to be a participating	57090
school district. The state board of education shall adopt	57091
procedures for districts to agree to be participating school	57092
districts.	57093

Sec. 3328.11. (A) In accordance with the procedures	57094
prescribed in division (B) of this section, the state board of	57095
education shall select a private nonprofit corporation that meets	57096
the following qualifications to operate each college-preparatory	57097
boarding school established under this chapter:	57098

(1) The corporation has experience operating a school or	57099
program similar to the schools authorized under this chapter.	57100

(2) The school or program described in division (A)(1) of	57101
this section has demonstrated to the satisfaction of the state	57102
board success in improving the academic performance of students.	57103

(3) The corporation has demonstrated to the satisfaction of	57104
the state board that the corporation has the capacity to secure	57105
private funds for the development of the school authorized under	57106
this chapter.	57107

(B)(1) Not later than sixty days after the effective date of	57108
this section, the state board shall issue a request for proposals	57109
from private nonprofit corporations qualified to operate a	57110
college-preparatory boarding school established under this	57111
chapter. If the state board subsequently determines that the	57112
establishment of one or more additional college-preparatory	57113
boarding schools is advisable, the state board shall issue	57114
requests for proposals from private nonprofit corporations	57115
qualified to operate those additional schools.	57116

In all cases, the state board shall select the school's	57117
operator from among the qualified responders within one hundred	57118
eighty days after the issuance of the request for proposals. If no	57119
qualified responder submits a proposal, the state board may issue	57120
another request for proposals.	57121

(2) Each proposal submitted to the state board shall contain	57122
the following information:	57123

(a) The proposed location of the college-preparatory boarding	57124
school, which may differ from any location recommended by the	57125
state board in the request for proposals;	57126

(b) A plan for offering grade five or six in the school's	57127
initial year of operation and a plan for increasing the grade	57128
levels offered by the school in subsequent years;	57129

(c) Any other information about the proposed educational	57130
program, facilities, or operations of the school considered	57131
necessary by the state board.	57132

Sec. 3328.12. The state board of education shall enter into	57133
a contract with the operator of each college-preparatory boarding	57134
school established under this chapter. The contract shall	57135
stipulate the following:	57136

(A) The school may operate only if and to the extent the	57137
school holds a valid charter granted by the state board under	57138
section 3301.16 of the Revised Code.	57139

(B) The operator shall oversee the acquisition of a facility	57140
for the school.	57141

(C) The operator shall operate the school in accordance with	57142
the terms of the proposal accepted by the state board under	57143
section 3328.11 of the Revised Code, including the plan for	57144
increasing the grade levels offered by the school.	57145

(D) The school shall comply with the provisions of this	57146
chapter.	57147

(E) The school shall comply with any other provisions of law	57148
specified in the contract, the charter granted by the state board,	57149
and the rules adopted by the state board under section 3328.50 of	57150
the Revised Code.	57151

(F) The school shall comply with the bylaws adopted by the	57152
operator under section 3328.13 of the Revised Code.	57153

(G) The school shall meet the academic goals and other	57154
performance standards specified in the contract.	57155

(H) The state board or the operator may terminate the	57156
contract in accordance with the procedures specified in the	57157
contract, which shall include at least a requirement that the	57158
party seeking termination give prior notice of the intent to	57159
terminate the contract and a requirement that the party receiving	57160
such notice be granted an opportunity to redress any grievances	57161
cited in the notice prior to the termination.	57162

(I) If the school closes for any reason, the school's board	57163
of trustees shall execute the closing in the manner specified in	57164
the contract.	57165

Sec. 3328.13. Each operator of a college-preparatory boarding	57166
school established under this chapter shall adopt bylaws for the	57167
oversight and operation of the school that are consistent with the	57168
provisions of this chapter, the rules adopted under section	57169
3328.50 of the Revised Code, the contract between the operator and	57170
the state board of education, and the charter granted to the	57171
school by the state board. The bylaws shall include procedures for	57172
the appointment of members of the school's board of trustees,	57173
whose terms of office shall be as prescribed in section 3328.15 of	57174
the Revised Code. The bylaws also shall include standards for the	57175
admission of students to the school and their dismissal from the	57176
school. The bylaws shall be subject to the approval of the state	57177
board.	57178

Sec. 3328.14. Each operator of a college-preparatory boarding	57179
school established under this chapter shall adopt a program of	57180
outreach to inform every city, local, and exempted village school	57181
district about the school and the procedures for admission to the	57182
school and for becoming a participating school district.	57183

Sec. 3328.15. (A) Each college-preparatory boarding school	57184
established under this chapter shall be governed by a board of	57185
trustees consisting of up to twenty-five members. Five of those	57186
members shall be appointed by the governor, with the advice and	57187
consent of the senate. The governor's appointments may be based on	57188
nonbinding recommendations made by the superintendent of public	57189
instruction. The remaining members shall be appointed pursuant to	57190
the bylaws adopted under section 3328.13 of the Revised Code.	57191

(B) The terms of office of the initial members shall be as	57192
follows:	57193

(1) Two members appointed by the governor shall serve for an	57194
initial term of three years.	57195

(2) Two members appointed by the governor shall serve for an	57196
initial term of two years.	57197

(3) One member appointed by the governor shall serve for an	57198
initial term of one year.	57199

(4) One-third of the members appointed pursuant to the	57200
bylaws, rounded down to the nearest whole number, shall serve for	57201
an initial term of three years.	57202

(5) One-third of the members appointed pursuant to the	57203
bylaws, rounded down to the nearest whole number, shall serve for	57204
an initial term of two years.	57205

(6) One-third of the members appointed pursuant to the	57206
bylaws, rounded down to the nearest whole number, shall serve for	57207
an initial term of one year.	57208

(7) Any remaining members appointed pursuant to the bylaws	57209
shall serve for an initial term of one year.	57210

Thereafter the terms of office of all members shall be for	57211
three years.	57212

The beginning date and ending date of terms of office shall	57213
be as prescribed in the bylaws adopted under section 3328.13 of	57214
the Revised Code.	57215

(C) Vacancies on the board shall be filled in the same manner	57216
as the initial appointments. A member appointed to an unexpired	57217
term shall serve for the remainder of that term and may be	57218
reappointed subject to division (D) of this section.	57219

(D) No member may serve for more than three consecutive	57220
three-year terms.	57221

(E) The officers of the board shall be selected by and from	57222
among the members of the board.	57223

(F) Compensation for the members of the board, if any, shall	57224
be as prescribed in the bylaws adopted under section 3328.13 of	57225
the Revised Code.	57226

Sec. 3328.17. Employees of a college-preparatory boarding	57227
school established under this chapter may organize and	57228
collectively bargain pursuant to Chapter 4117. of the Revised	57229
Code. Notwithstanding division (D)(1) of section 4117.06 of the	57230
Revised Code, a unit containing teaching and nonteaching employees	57231
employed under this section may be considered an appropriate unit.	57232

Sec. 3328.18. (A) As used in this section, "license" has the	57233
same meaning as in section 3319.31 of the Revised Code.	57234

(B) If a person who is employed by a college-preparatory	57235
boarding school established under this chapter or its operator is	57236
arrested, summoned, or indicted for an alleged violation of an	57237
offense listed in division (C) of section 3319.31 of the Revised	57238
Code, if the person holds a license, or an offense listed in	57239
division (B)(1) of section 3319.39 of the Revised Code, if the	57240
person does not hold a license, the chief administrator of the	57241
school in which that person works shall suspend that person from	57242
all duties that require the care, custody, or control of a child	57243
during the pendency of the criminal action against the person. If	57244
the person who is arrested, summoned, or indicted for an alleged	57245
violation of an offense listed in division (C) of section 3319.31	57246
or division (B)(1) of section 3319.39 of the Revised Code is the	57247
chief administrator of the school, the board of trustees of the	57248
school shall suspend the chief administrator from all duties that	57249
require the care, custody, or control of a child.	57250

(C) When a person who holds a license is suspended in	57251
accordance with this section, the chief administrator or board	57252
that imposed the suspension promptly shall report the person's	57253
suspension to the department of education. The report shall	57254
include the offense for which the person was arrested, summoned,	57255
or indicted.	57256

Sec. 3328.19. (A) As used in this section:

57257

(1) "Conduct unbecoming to the teaching profession" shall be	57258
as described in rules adopted by the state board of education.	57259

(2) "Intervention in lieu of conviction" means intervention	57260
in lieu of conviction under section 2951.041 of the Revised Code.	57261

(3) "License" has the same meaning as in section 3319.31 of	57262
the Revised Code.	57263

(4) "Pre-trial diversion program" means a pre-trial diversion	57264
program under section 2935.36 of the Revised Code or a similar	57265
diversion program under rules of a court.	57266

(B) The chief administrator of each college-preparatory	57267
boarding school established under this chapter, or the president	57268
or chairperson of the board of trustees of the school if division	57269
(C) of this section applies, shall promptly submit to the	57270
superintendent of public instruction the information prescribed in	57271
division (D) of this section when any of the following conditions	57272
applies to a person employed to work in the school who holds a	57273
license issued by the state board of education:	57274

(1) The chief administrator, or president or chairperson,	57275
knows that the employee has pleaded guilty to, has been found	57276
guilty by a jury or court of, has been convicted of, has been	57277
found to be eligible for intervention in lieu of conviction for,	57278
or has agreed to participate in a pre-trial diversion program for	57279
an offense described in division (B)(2) or (C) of section 3319.31	57280
or division (B)(1) of section 3319.39 of the Revised Code.	57281

(2) The board of trustees of the school, or the operator, has	57282
initiated termination or nonrenewal proceedings against, has	57283
terminated, or has not renewed the contract of the employee	57284
because the board or operator has reasonably determined that the	57285
employee has committed an act that is unbecoming to the teaching	57286
profession or an offense described in division (B)(2) or (C) of	57287
section 3319.31 or division (B)(1) of section 3319.39 of the	57288
Revised Code.	57289

(3) The employee has resigned under threat of termination or	57290
nonrenewal as described in division (B)(2) of this section.	57291

(4) The employee has resigned because of or in the course of	57292
an investigation by the board or operator regarding whether the	57293
employee has committed an act that is unbecoming to the teaching	57294
profession or an offense described in division (B)(2) or (C) of	57295
section 3319.31 or division (B)(1) of section 3319.39 of the	57296
Revised Code.	57297

(C) If the employee to whom any of the conditions prescribed	57298
in divisions (B)(1) to (4) of this section applies is the chief	57299
administrator of the school, the president or chairperson of the	57300
board of trustees of the school shall make the report required	57301
under this section.	57302

(D) If a report is required under this section, the chief	57303
administrator, or president or chairperson, shall submit to the	57304
superintendent of public instruction the name and social security	57305
number of the employee about whom the information is required and	57306
a factual statement regarding any of the conditions prescribed in	57307
divisions (B)(1) to (4) of this section that apply to the	57308
employee.	57309

(E) A determination made by the board or operator as	57310
described in division (B)(2) of this section or a termination,	57311
nonrenewal, resignation, or other separation described in	57312
divisions (B)(2) to (4) of this section does not create a	57313
presumption of the commission or lack of the commission by the	57314
employee of an act unbecoming to the teaching profession or an	57315
offense described in division (B)(2) or (C) of section 3319.31 or	57316
division (B)(1) of section 3319.39 of the Revised Code.	57317

(F) No individual required to submit a report under division	57318
(B) of this section shall knowingly fail to comply with that	57319
division.	57320

(G) An individual who provides information to the	57321
superintendent of public instruction in accordance with this	57322
section in good faith shall be immune from any civil liability	57323
that otherwise might be incurred or imposed for injury, death, or	57324
loss to person or property as a result of the provision of that	57325
information.	57326

Sec. 3328.191. The board of trustees of each	57327
college-preparatory boarding school established under this chapter	57328
shall require that the reports of any investigation by the board	57329
or by the school's operator of an employee who works in the	57330
school, regarding whether the employee has committed an act or	57331
offense for which the chief administrator of the school or the	57332
president or chairperson of the board is required to make a report	57333
to the superintendent of public instruction under section 3328.19	57334
of the Revised Code, be kept in the employee's personnel file. If,	57335
after an investigation under division (A) of section 3319.311 of	57336
the Revised Code, the superintendent of public instruction	57337
determines that the results of that investigation do not warrant	57338
initiating action under section 3319.31 of the Revised Code, the	57339
board shall require the reports of the investigation to be moved	57340
from the employee's personnel file to a separate public file.	57341

Sec. 3328.192. Notwithstanding any provision to the contrary	57342
in Chapter 4117. of the Revised Code, the provisions of sections	57343
3328.19 and 3328.191 of the Revised Code prevail over any	57344
conflicting provisions of a collective bargaining agreement or	57345
contract for employment entered into on or after the effective	57346
date of this section.	57347

Sec. 3328.193. (A) As used in this section, "license" has	57348
the same meaning as in section 3319.31 of the Revised Code.	57349

(B) No employee of a college-preparatory boarding school	57350
established under this chapter or its operator shall do either of	57351
the following:	57352

(1) Knowingly make a false report to the chief administrator	57353
of the school, or the chief administrator's designee, alleging	57354
misconduct by another employee of the school or its operator;	57355

(2) Knowingly cause the chief administrator, or the chief	57356
administrator's designee, to make a false report of the alleged	57357
misconduct to the superintendent of public instruction or the	57358
state board of education.	57359

(C) Any employee of a college-preparatory boarding school	57360
established under this chapter or its operator who in good faith	57361
reports to the chief administrator of the school, or the chief	57362
administrator's designee, information about alleged misconduct	57363
committed by another employee of the school or operator shall be	57364
immune from any civil liability that otherwise might be incurred	57365
or imposed for injury, death, or loss to person or property as a	57366
result of the reporting of that information.	57367

If the alleged misconduct involves a person who holds a	57368
license but the chief administrator is not required to submit a	57369
report to the superintendent of public instruction under section	57370
3328.19 of the Revised Code and the chief administrator, or the	57371
chief administrator's designee, in good faith reports the alleged	57372
misconduct to the superintendent of public instruction or the	57373
state board, the chief administrator, or the chief administrator's	57374
designee, shall be immune from any civil liability that otherwise	57375
might be incurred or imposed for injury, death, or loss to person	57376
or property as a result of the reporting of that information.	57377

(D)(1) In any civil action brought against a person in which	57378
it is alleged and proved that the person violated division (B) of	57379
this section, the court shall award the prevailing party	57380
reasonable attorney's fees and costs that the prevailing party	57381
incurred in the civil action or as a result of the false report	57382
that was the basis of the violation.	57383

(2) If a person is convicted of or pleads guilty to a	57384
violation of division (B) of this section, if the subject of the	57385
false report that was the basis of the violation was charged with	57386
any violation of a law or ordinance as a result of the false	57387
report, and if the subject of the false report is found not to be	57388
guilty of the charges brought against the subject as a result of	57389
the false report or those charges are dismissed, the court that	57390
sentences the person for the violation of division (B) of this	57391
section, as part of the sentence, shall order the person to pay	57392
restitution to the subject of the false report, in an amount equal	57393
to reasonable attorney's fees and costs that the subject of the	57394
false report incurred as a result of or in relation to the	57395
charges.	57396

Sec. 3328.20. (A) As used in this section:

57397

(1) "Designated official" means the chief administrator of a	57398
college-preparatory boarding school established under this	57399
chapter, or the chief administrator's designee.	57400

(2) "Essential school services" means services provided by a	57401
private company under contract with a college-preparatory boarding	57402
school established under this chapter that the chief administrator	57403
of the school has determined are necessary for the operation of	57404
the school and that would need to be provided by persons employed	57405
by the school or its operator if the services were not provided by	57406
the private company.	57407

(3) "License" has the same meaning as in section 3319.31 of	57408
the Revised Code.	57409

(B) This section applies to any person who is an employee of	57410
a private company under contract with a college-preparatory	57411
boarding school established under this chapter to provide	57412
essential school services and who will work in the school in a	57413
position that does not require a license issued by the state board	57414
of education, is not for the operation of a vehicle for pupil	57415
transportation, and that involves routine interaction with a child	57416
or regular responsibility for the care, custody, or control of a	57417
child.	57418

(C) No college-preparatory boarding school established under	57419
this chapter shall permit a person to whom this section applies to	57420
work in the school, unless one of the following applies to the	57421
person:	57422

(1) The person's employer presents proof of both of the	57423
following to the designated official:	57424

(a) That the person has been the subject of a criminal	57425
records check conducted in accordance with division (D) of this	57426
section within the five-year period immediately prior to the date	57427
on which the person will begin working in the school;	57428

(b) That the criminal records check indicates that the person	57429
has not been convicted of or pleaded guilty to any offense	57430
described in division (B)(1) of section 3319.39 of the Revised	57431
Code.	57432

(2) During any period of time in which the person will have	57433
routine interaction with a child or regular responsibility for the	57434
care, custody, or control of a child, the designated official has	57435
arranged for an employee of the school to be present in the same	57436
room with the child or, if outdoors, to be within a thirty-yard	57437
radius of the child or to have visual contact with the child.	57438

(D) Any private company that has been hired or seeks to be	57439
hired by a college-preparatory boarding school established under	57440
this chapter to provide essential school services may request the	57441
bureau of criminal identification and investigation to conduct a	57442
criminal records check of any of its employees for the purpose of	57443
complying with division (C)(1) of this section. Each request for a	57444
criminal records check under this division shall be made to the	57445
superintendent of the bureau in the manner prescribed in section	57446
3319.39 of the Revised Code. Upon receipt of a request, the bureau	57447
shall conduct the criminal records check in accordance with	57448
section 109.572 of the Revised Code as if the request had been	57449
made under section 3319.39 of the Revised Code.	57450

Notwithstanding division (H) of section 109.57 of the Revised	57451
Code, the private company may share the results of any criminal	57452
records check conducted under this division with the designated	57453
official for the purpose of complying with division (C)(1) of this	57454
section, but in no case shall the designated official release that	57455
information to any other person.	57456

Sec. 3328.21. (A) Any eligible student may apply for	57457
admission to a college-preparatory boarding school established	57458
under this chapter in a grade level offered by the school that is	57459
appropriate for the student and shall be admitted to the school in	57460
that grade level to the extent the student's admission is within	57461
the capacity of the school as established by the school's board of	57462
trustees, subject to division (B) of this section. If more	57463
eligible students apply for admission than the number of students	57464
permitted by the capacity established by the board of trustees,	57465
admission shall be by lot.	57466

(B) In the first year of operation, each school established	57467
under this chapter shall offer only grade five or six and shall	57468
not admit more than eighty students to the school. In each	57469
subsequent year of operation, the school may add additional grade	57470
levels as specified in the contract under section 3328.12 of the	57471
Revised Code, but at no time shall the school's total student	57472
population exceed four hundred students.	57473

Sec. 3328.22. The educational program of a	57474
college-preparatory boarding school established under this chapter	57475
shall include at least all of the following:	57476

(A) A remedial curriculum for students in grades lower than	57477
grade nine;	57478

(B) A college-preparatory curriculum for high school students	57479
that, at a minimum, shall comply with section 3313.603 of the	57480
Revised Code as that section applies to school districts;	57481

(C) Extracurricular activities, including athletic and	57482
cultural activities;	57483

(D) College admission counseling;

57484

(E) Health and mental health services;

57485

(F) Tutoring services;

57486

(G) Community services opportunities;

57487

(H) A residential student life program.

57488

Sec. 3328.23. (A) A college-preparatory boarding school	57489
established under this chapter and the school's operator shall	57490
comply with Chapter 3323. of the Revised Code as if the school	57491
were a school district. For each child with a disability enrolled	57492
in the school for whom an IEP has been developed, the school and	57493
its operator shall verify in the manner prescribed by the	57494
department of education that the school is providing the services	57495
required under the child's IEP.	57496

(B) The school district in which a child with a disability	57497
enrolled in the college-preparatory boarding school is entitled to	57498
attend school and the child's school district of residence, if	57499
different, are not obligated to provide the student with a free	57500
appropriate public education under Chapter 3323. of the Revised	57501
Code for as long as the child is enrolled in the	57502
college-preparatory boarding school.	57503

Sec. 3328.24. A college-preparatory boarding school	57504
established under this chapter, its operator, and its board of	57505
trustees shall comply with sections 3301.0710, 3301.0711,	57506
3301.0712, 3301.0714, 3319.39, and 3319.391 of the Revised Code as	57507
if the school and the operator were a school district and the	57508
school's board of trustees were a district board of education.	57509

Sec. 3328.25. (A) The board of trustees of a	57510
college-preparatory boarding school established under this chapter	57511
shall grant a diploma to any student enrolled in the school to	57512
whom all of the following apply:	57513

(1) The student has successfully completed the school's high	57514
school curriculum or the IEP developed for the student by the	57515
school pursuant to section 3323.08 of the Revised Code or has	57516
qualified under division (D) or (F) of section 3313.603 of the	57517
Revised Code, provided that the school shall not require a student	57518
to remain in school for any specific number of semesters or other	57519
terms if the student completes the required curriculum early.	57520

(2) Subject to section 3313.614 of the Revised Code, the	57521
student has met the assessment requirements of division (A)(2)(a)	57522
or (b) of this section, as applicable.	57523

(a) If the student entered ninth grade prior to the date	57524
prescribed by rule of the state board of education under division	57525
(E)(2) of section 3301.0712 of the Revised Code, the student	57526
either:	57527

(i) Has attained at least the applicable scores designated	57528
under division (B)(1) of section 3301.0710 of the Revised Code on	57529
all the assessments prescribed by that division unless division	57530
(L) of section 3313.61 of the Revised Code applies to the student;	57531

(ii) Has satisfied the alternative conditions prescribed in	57532
section 3313.615 of the Revised Code.	57533

(b) If the person entered ninth grade on or after the date	57534
prescribed by rule of the state board under division (E)(2) of	57535
section 3301.0712 of the Revised Code, the student has attained on	57536
the entire assessment system prescribed under division (B)(2) of	57537
section 3301.0710 of the Revised Code at least the required	57538
passing composite score, designated under division (C)(1) of	57539
section 3301.0712 of the Revised Code, except to the extent that	57540
the student is excused from some portion of that assessment system	57541
pursuant to division (L) of section 3313.61 of the Revised Code.	57542

(3) The student is not eligible to receive an honors diploma	57543
granted under division (B) of this section.	57544

No diploma shall be granted under this division to anyone	57545
except as provided in this division.	57546

(B) In lieu of a diploma granted under division (A) of this	57547
section, the board of trustees shall grant an honors diploma, in	57548
the same manner that boards of education of school districts grant	57549
honors diplomas under division (B) of section 3313.61 of the	57550
Revised Code, to any student enrolled in the school who	57551
accomplishes all of the following:	57552

(1) Successfully completes the school's high school	57553
curriculum or the IEP developed for the student by the school	57554
pursuant to section 3323.08 of the Revised Code;	57555

(2) Subject to section 3313.614 of the Revised Code, has met	57556
the assessment requirements of division (B)(2)(a) or (b) of this	57557
section, as applicable.	57558

(a) If the student entered ninth grade prior to the date	57559
prescribed by rule of the state board under division (E)(2) of	57560
section 3301.0712 of the Revised Code, the student either:	57561

(i) Has attained at least the applicable scores designated	57562
under division (B)(1) of section 3301.0710 of the Revised Code on	57563
all the assessments prescribed under that division;	57564

(ii) Has satisfied the alternative conditions prescribed in	57565
section 3313.615 of the Revised Code.	57566

(b) If the person entered ninth grade on or after the date	57567
prescribed by rule of the state board under division (E)(2) of	57568
section 3301.0712 of the Revised Code, the student has attained on	57569
the entire assessment system prescribed under division (B)(2) of	57570
section 3301.0710 of the Revised Code at least the required	57571
passing composite score, designated under division (C)(1) of	57572
section 3301.0712 of the Revised Code.	57573

(3) Has met the additional criteria for granting an honors	57574
diploma prescribed by the state board under division (B) of	57575
section 3313.61 of the Revised Code for the granting of honors	57576
diplomas by school districts.	57577

An honors diploma shall not be granted to a student who is	57578
subject to the Ohio core curriculum prescribed in division (C) of	57579
section 3313.603 of the Revised Code but elects the option of	57580
division (D) or (F) of that section. No honors diploma shall be	57581
granted to anyone failing to comply with this division, and not	57582
more than one honors diploma shall be granted to any student under	57583
this division.	57584

(C) A diploma or honors diploma awarded under this section	57585
shall be signed by the presiding officer of the board of trustees.	57586
Each diploma shall bear the date of its issue and be in such form	57587
as the board of trustees prescribes.	57588

(D) Upon granting a diploma to a student under this section,	57589
the presiding officer of the board of trustees shall provide	57590
notice of receipt of the diploma to the board of education of the	57591
city, exempted village, or local school district where the student	57592
is entitled to attend school when not residing at the	57593
college-preparatory boarding school. The notice shall indicate the	57594
type of diploma granted.	57595

Sec. 3328.26. (A) The department of education shall issue an	57596
annual report card for each college-preparatory boarding school	57597
established under this chapter that includes all information	57598
applicable to school buildings under section 3302.03 of the	57599
Revised Code.	57600

(B) For each student enrolled in the school, the department	57601
shall combine data regarding the academic performance of that	57602
student with comparable data from the school district in which the	57603
student is entitled to attend school for the purpose of	57604
calculating the performance of the district as a whole on the	57605
report card issued for the district under section 3302.03 of the	57606
Revised Code.	57607

(C) Each college-preparatory boarding school and its operator	57608
shall comply with sections 3302.04 and 3302.041 of the Revised	57609
Code, except that any action required to be taken by a school	57610
district pursuant to those sections shall be taken by the school.	57611

Sec. 3328.41. Each participating school district shall be	57612
responsible for providing transportation on a weekly basis for	57613
each student enrolled in a college-preparatory boarding school	57614
established under this chapter who is entitled to attend school in	57615
the district to and from that college-preparatory boarding school.	57616

Sec. 3328.45. (A) If the state board of education determines	57617
that a college-preparatory boarding school established under this	57618
chapter is not in compliance with any provision of this chapter or	57619
the terms of the contract entered into under section 3328.12 of	57620
the Revised Code, or that the school has failed to meet the	57621
academic goals or performance standards specified in that	57622
contract, the state board may initiate the termination procedures	57623
specified in the contract. No termination shall take effect prior	57624
to the end of a school year. Upon the effective date of a	57625
termination, the school shall close.	57626

(B) If a college-preparatory boarding school is required to	57627
close under division (A) of this section or closes for any other	57628
reason, the school's board of trustees shall execute the closing	57629
as provided in the contract under section 3328.12 of the Revised	57630
Code.	57631

Sec. 3328.50. The state board of education shall adopt rules	57632
in accordance with Chapter 119. of the Revised Code prescribing	57633
procedures necessary for the implementation of this chapter.	57634

Sec. 3328.99. (A) Whoever violates division (F) of section	57635
3328.19 of the Revised Code shall be punished as follows:	57636

(1) Except as otherwise provided in division (A)(2) of this	57637
section, the person is guilty of a misdemeanor of the fourth	57638
degree.	57639

(2) The person is guilty of a misdemeanor of the first degree	57640
if both of the following conditions apply:	57641

(a) The employee who is the subject of the report that the	57642
person fails to submit was required to be reported for the	57643
commission or alleged commission of an act or offense involving	57644
the infliction on a child of any physical or mental wound, injury,	57645
disability, or condition of a nature that constitutes abuse or	57646
neglect of the child.	57647

(b) During the period between the violation of division (F)	57648
of section 3328.19 of the Revised Code and the conviction of or	57649
plea of guilty by the person for that violation, the employee who	57650
is the subject of the report that the person fails to submit	57651
inflicts on any child attending a school district, educational	57652
service center, public or nonpublic school, or county board of	57653
developmental disabilities where the employee works any physical	57654
or mental wound, injury, disability, or condition of a nature that	57655
constitutes abuse or neglect of the child.	57656

(B) Whoever violates division (B) of section 3328.193 of the	57657
Revised Code is guilty of a misdemeanor of the first degree.	57658

Sec. 3329.08. At any regular meeting, the board of education	57659
of each local ~~school district, from lists adopted by the~~	57660
~~educational service center governing board, and the board of~~	57661
~~education of each~~, city, and exempted village school district	57662
shall determine by a majority vote of all members elected or	57663
appointed under division (B) or (F) of section 3311.71 of the	57664
Revised Code which of such textbooks or electronic textbooks so	57665
filed shall be used in the schools under its control.	57666

Sec. 3331.01. (A) As used in this chapter:

57667

(1) "Superintendent" or "superintendent of schools" of a	57668
school district means the person employed as the superintendent or	57669
that person's designee. ~~In the case of a local school district,~~	57670
~~such designee may be the superintendent of the educational service~~	57671
~~center to which the school district belongs.~~	57672

(2) "Chief administrative officer" means the chief	57673
administrative officer of a nonpublic or community school or that	57674
person's designee.	57675

(B)(1) Except as provided in division (B)(2) of this section,	57676
an age and schooling certificate may be issued only by the	57677
superintendent of the city, local, joint vocational, or exempted	57678
village school district in which the child in whose name such	57679
certificate is issued resides or by the chief administrative	57680
officer of the nonpublic or community school the child attends,	57681
and only upon satisfactory proof that the child to whom the	57682
certificate is issued is at least fourteen years of age.	57683

(2) A child who resides in this state shall apply for an age	57684
and schooling certificate to the superintendent of the school	57685
district in which the child resides, or to the chief	57686
administrative officer of the school that the child attends.	57687
Residents of other states who work in Ohio shall apply to the	57688
superintendent of the school district in which the place of	57689
employment is located, as a condition of employment or service.	57690

(C) Any such age and schooling certificate may be issued only	57691
upon satisfactory proof that the employment contemplated by the	57692
child is not prohibited by any law regulating the employment of	57693
such children. Section 4113.08 of the Revised Code does not apply	57694
to such employer in respect to such child while engaged in an	57695
employment legal for a child of the age stated therein.	57696

(D) Age and schooling certificate forms shall be approved by	57697
the state board of education, including forms submitted	57698
electronically. Forms shall not display the social security number	57699
of the child. Except as otherwise provided in this section, every	57700
application for an age and schooling certificate must be signed in	57701
the presence of the officer issuing it by the child in whose name	57702
it is issued.	57703

(E) A child shall furnish the superintendent or chief	57704
administrative officer all information required by this chapter in	57705
support of the issuance of a certificate.	57706

(F) On and after September 1, 2002, each superintendent and	57707
chief administrative officer who issues an age and schooling	57708
certificate shall file electronically the certificate with the	57709
director of commerce in accordance with rules adopted by the	57710
director of administrative services pursuant to section 1306.21 of	57711
the Revised Code. On and after September 1, 2002, only	57712
electronically filed certificates are valid to satisfy the	57713
requirements of Chapter 4109. of the Revised Code.	57714

Sec. 3333.03. (A) The governor, with the advice and consent	57715
of the senate, shall appoint the chancellor of the Ohio board of	57716
regents. ~~The governor may remove the chancellor in accordance with~~	57717
~~section 3.04 of the Revised Code, except that the removal shall~~	57718
~~not require the advice and consent of the senate.~~ The chancellor	57719
shall serve at the pleasure of the governor, and the governor	57720
shall prescribe the chancellor's duties in addition to the	57721
chancellor's duties prescribed by law. ~~In no case shall the~~	57722
~~chancellor assume any duties prescribed by the governor or law~~	57723
~~until the senate has consented to the chancellor's appointment.~~	57724
The governor shall fix the compensation for the chancellor. The	57725
chancellor shall be a member of the governor's cabinet.	57726

(B) ~~The term of office of the chancellor shall be five years.~~	57727
~~Any person appointed chancellor to fill a vacancy occurring prior~~	57728
~~to the expiration of the term for which the predecessor was~~	57729
~~appointed shall hold office for the remainder of that term. Any~~	57730
~~vacancy in the office shall be filled within sixty days after the~~	57731
~~vacancy occurs. Each chancellor shall continue in office~~	57732
~~subsequent to the expiration date of the term for which the~~	57733
~~chancellor was appointed until a successor takes office, or until~~	57734
~~a period of sixty days has elapsed, whichever occurs first. The~~	57735
~~chancellor may be reappointed.~~The term of the chancellor in	57736
office on the effective date of this amendment shall coincide with	57737
the term of that chancellor's appointing governor. Subsequent	57738
appointments to the office of chancellor shall be made pursuant to	57739
division (A) of this section.	57740

(C) The chancellor is responsible for appointing and fixing	57741
the compensation of all professional, administrative, and clerical	57742
employees and staff members necessary to assist in the performance	57743
of the chancellor's duties. All employees and staff shall serve at	57744
the chancellor's pleasure.	57745

(D) The chancellor shall be a person qualified by training	57746
and experience to understand the problems and needs of the state	57747
in the field of higher education and to devise programs, plans,	57748
and methods of solving the problems and meeting the needs.	57749

(E) Neither the chancellor nor any staff member or employee	57750
of the chancellor shall be a trustee, officer, or employee of any	57751
public or private college or university while serving as	57752
chancellor, staff member, or employee.	57753

Sec. 3333.043. (A) As used in this section:

57754

(1) "Institution of higher education" means the state	57755
universities listed in section 3345.011 of the Revised Code,	57756
municipal educational institutions established under Chapter 3349.	57757
of the Revised Code, community colleges established under Chapter	57758
3354. of the Revised Code, university branches established under	57759
Chapter 3355. of the Revised Code, technical colleges established	57760
under Chapter 3357. of the Revised Code, state community colleges	57761
established under Chapter 3358. of the Revised Code, any	57762
institution of higher education with a certificate of registration	57763
from the state board of career colleges and schools, and any	57764
institution for which the chancellor of the Ohio board of regents	57765
receives a notice pursuant to division (C) of this section.	57766

(2) "Community service" has the same meaning as in section	57767
3313.605 of the Revised Code.	57768

(B)(1) The board of trustees or other governing entity of	57769
each institution of higher education shall encourage and promote	57770
participation of students in community service through a program	57771
appropriate to the mission, student population, and environment of	57772
each institution. The program may include, but not be limited to,	57773
providing information about community service opportunities during	57774
student orientation or in student publications; providing awards	57775
for exemplary community service; encouraging faculty members to	57776
incorporate community service into students' academic experiences	57777
wherever appropriate to the curriculum; encouraging recognized	57778
student organizations to undertake community service projects as	57779
part of their purposes; and establishing advisory committees of	57780
students, faculty members, and community and business leaders to	57781
develop cooperative programs that benefit the community and	57782
enhance student experience. The program shall be flexible in	57783
design so as to permit participation by the greatest possible	57784
number of students, including part-time students and students for	57785
whom participation may be difficult due to financial, academic,	57786
personal, or other considerations. The program shall emphasize	57787
community service opportunities that can most effectively use the	57788
skills of students, such as tutoring or literacy programs. The	57789
programs shall encourage students to perform services that will	57790
not supplant the hiring of, result in the displacement of, or	57791
impair any existing employment contracts of any particular	57792
employee of any private or governmental entity for which services	57793
are performed.	57794

(2) The chancellor of the Ohio board of regents shall	57795
encourage all institutions of higher education in the development	57796
of community service programs. With the assistance of the Ohio	57797
~~community~~commission on service ~~council~~and volunteerism created	57798
in section 121.40 of the Revised Code, the chancellor shall make	57799
available information about higher education community service	57800
programs to institutions of higher education and to statewide	57801
organizations involved with or promoting volunteerism, including	57802
information about model community service programs, teacher	57803
training courses, and community service curricula and teaching	57804
materials for possible use by institutions of higher education in	57805
their programs. The chancellor shall encourage institutions of	57806
higher education to jointly coordinate higher education community	57807
service programs through consortia of institutions or other	57808
appropriate means of coordination.	57809

(C) The board of trustees of any nonprofit institution with a	57810
certificate of authorization issued pursuant to Chapter 1713. of	57811
the Revised Code or the governing authority of a private	57812
institution exempt from regulation under Chapter 3332. of the	57813
Revised Code as prescribed in section 3333.046 of the Revised Code	57814
may notify the chancellor that it is making itself subject to	57815
divisions (A) and (B) of this section. Upon receipt of such a	57816
notice, these divisions shall apply to that institution.	57817

Sec. 3333.31. (A) For state subsidy and tuition surcharge	57818
purposes, status as a resident of Ohio shall be defined by the	57819
chancellor of the Ohio board of regents by rule promulgated	57820
pursuant to Chapter 119. of the Revised Code. No adjudication as	57821
to the status of any person under such rule, however, shall be	57822
required to be made pursuant to Chapter 119. of the Revised Code.	57823
The term "resident" for these purposes shall not be equated with	57824
the definition of that term as it is employed elsewhere under the	57825
laws of this state and other states, and shall not carry with it	57826
any of the legal connotations appurtenant thereto. Rather, except	57827
as provided in ~~division~~divisions (B) and (D) of this section, for	57828
such purposes, the rule promulgated under this section shall have	57829
the objective of excluding from treatment as residents those who	57830
are present in the state primarily for the purpose of attending a	57831
state-supported or state-assisted institution of higher education,	57832
and may prescribe presumptive rules, rebuttable or conclusive, as	57833
to such purpose based upon the source or sources of support of the	57834
student, residence prior to first enrollment, evidence of	57835
intention to remain in the state after completion of studies, or	57836
such other factors as the chancellor deems relevant.	57837

(B) The rules of the chancellor for determining student	57838
residency shall grant residency status to a veteran and to the	57839
veteran's spouse and any dependent of the veteran, if both of the	57840
following conditions are met:	57841

(1) The veteran either:

57842

(a) Served one or more years on active military duty and was	57843
honorably discharged or received a medical discharge that was	57844
related to the military service;	57845

(b) Was killed while serving on active military duty or has	57846
been declared to be missing in action or a prisoner of war.	57847

(2) If the veteran seeks residency status for tuition	57848
surcharge purposes, the veteran has established domicile in this	57849
state as of the first day of a term of enrollment in an	57850
institution of higher education. If the spouse or a dependent of	57851
the veteran seeks residency status for tuition surcharge purposes,	57852
the veteran and the spouse or dependent seeking residency status	57853
have established domicile in this state as of the first day of a	57854
term of enrollment in an institution of higher education, except	57855
that if the veteran was killed while serving on active military	57856
duty or has been declared to be missing in action or a prisoner of	57857
war, only the spouse or dependent seeking residency status shall	57858
be required to have established domicile in accordance with this	57859
division.	57860

(C) The rules of the chancellor for determining student	57861
residency shall not deny residency status to a student who is	57862
either a dependent child of a parent, or the spouse of a person	57863
who, as of the first day of a term of enrollment in an institution	57864
of higher education, has accepted full-time employment and	57865
established domicile in this state for reasons other than gaining	57866
the benefit of favorable tuition rates.	57867

Documentation of full-time employment and domicile shall	57868
include both of the following documents:	57869

(1) A sworn statement from the employer or the employer's	57870
representative on the letterhead of the employer or the employer's	57871
representative certifying that the parent or spouse of the student	57872
is employed full-time in Ohio;	57873

(2) A copy of the lease under which the parent or spouse is	57874
the lessee and occupant of rented residential property in the	57875
state, a copy of the closing statement on residential real	57876
property of which the parent or spouse is the owner and occupant	57877
in this state or, if the parent or spouse is not the lessee or	57878
owner of the residence in which the parent or spouse has	57879
established domicile, a letter from the owner of the residence	57880
certifying that the parent or spouse resides at that residence.	57881

Residency officers may also evaluate, in accordance with the	57882
chancellor's rule, requests for immediate residency status from	57883
dependent students whose parents are not living and whose domicile	57884
follows that of a legal guardian who has accepted full-time	57885
employment and established domicile in the state for reasons other	57886
than gaining the benefit of favorable tuition rates.	57887

(D) The rules of the chancellor for determining student	57888
residency shall grant residency status to a person who, while a	57889
resident of this state for state subsidy and tuition surcharge	57890
purposes, graduated from a high school in this state, if the	57891
person enrolls in an institution of higher education and	57892
establishes domicile in this state within ten years after	57893
graduating from high school, regardless of the student's residence	57894
prior to that enrollment.	57895

(E) "Dependent," "domicile," "institution of higher	57896
education," and "residency officer" have the meanings ascribed in	57897
the chancellor's rules adopted under this section.	57898

Sec. 3333.43. (A) The chancellor of the Ohio board of	57899
regents shall require all state institutions of higher education	57900
that offer baccalaureate degrees, as a condition of	57901
reauthorization for certification of each baccalaureate program	57902
offered by the institution, to submit a statement describing how	57903
each major for which the school offers a baccalaureate degree may	57904
be completed within three academic years. The chronology of the	57905
statement shall begin with the fall semester of a student's first	57906
year of the baccalaureate program.	57907

(B) The statement required under this section may include,	57908
but not be limited to, any of the following methods to contribute	57909
to earning a baccalaureate degree in three years:	57910

(1) Advanced placement credit;

57911

(2) International baccalaureate program credit;

57912

(3) A waiver of degree and credit-hour requirements by	57913
completion of courses that are widely available at community	57914
colleges in the state or through online programs offered by state	57915
institutions of higher education or private nonprofit institutions	57916
of higher education holding certificates of authorization under	57917
Chapter 1713. of the Revised Code, and through courses taken by	57918
the student through the post-secondary enrollment options program	57919
under Chapter 3365. of the Revised Code;	57920

(4) Completion of coursework during summer sessions;

57921

(5) A waiver of foreign-language degree requirements based on	57922
a proficiency examination specified by the institution.	57923

(C)(1) Not later than October 15, 2012, each state	57924
institution of higher education shall provide statements required	57925
under this section for ten per cent of all baccalaureate degree	57926
programs offered by the institution.	57927

(2) Not later than June 30, 2014, each state institution of	57928
higher education shall provide statements required under this	57929
section for sixty per cent of all baccalaureate degree programs	57930
offered by the institution.	57931

(D) Each state institution of higher education required to	57932
submit statements under this section shall post its three-year	57933
option on its web site and also provide that information to the	57934
department of education. The department shall distribute that	57935
information to the superintendent, high school principal, and	57936
guidance counselor, or equivalents, of each school district,	57937
community school established under Chapter 3314. of the Revised	57938
Code, and STEM school established under Chapter 3326. of the	57939
Revised Code.	57940

(E) Nothing in this section requires an institution to take	57941
any action that would violate the requirements of any independent	57942
association accrediting baccalaureate degree programs.	57943

Sec. 3333.66. (A)(1) Except as provided in division (A)(2) of	57944
this section, in each academic year, no student who receives a	57945
choose Ohio first scholarship shall receive less than one thousand	57946
five hundred dollars or more than one-half of the highest in-state	57947
undergraduate instructional and general fees charged by all state	57948
universities. For this purpose, if Miami university is	57949
implementing the pilot tuition restructuring plan originally	57950
recognized in Am. Sub. H.B. 95 of the 125th general assembly, that	57951
university's instructional and general fees shall be considered to	57952
be the average full-time in-state undergraduate instructional and	57953
general fee amount after taking into account the Ohio resident and	57954
Ohio leader scholarships and any other credit provided to all Ohio	57955
residents.	57956

(2) The chancellor of the Ohio board of regents may authorize	57957
a state university or college or a nonpublic Ohio institution of	57958
higher education to award a choose Ohio first scholarship in an	57959
amount greater than one-half of the highest in-state undergraduate	57960
instructional and general fees charged by all state universities	57961
to either of the following:	57962

(a) Any undergraduate student who qualifies for a scholarship	57963
and is enrolled in a program leading to a teaching profession in	57964
science, technology, engineering, mathematics, or medicine;	57965

(b) Any graduate student who qualifies for a scholarship, if	57966
any initiatives are selected for award under division (B) of this	57967
section.	57968

(B) The chancellor shall encourage state universities and	57969
colleges, alone or in collaboration with other state institutions	57970
of higher education, nonpublic Ohio universities and colleges, or	57971
other public or private Ohio entities, to submit proposals under	57972
the choose Ohio first scholarship program for initiatives that	57973
recruit either of the following:	57974

(1) Ohio residents who enrolled in colleges and universities	57975
in other states or other countries to return to Ohio and enroll in	57976
state universities or colleges as graduate students in the fields	57977
of science, technology, engineering, mathematics, and medicine, or	57978
in the fields of science, technology, engineering, mathematics, or	57979
medical education. If such proposals are submitted and meet the	57980
chancellor's competitive criteria for awards, the chancellor,	57981
subject to approval by the controlling board, shall give at least	57982
one of the proposals preference for an award.	57983

(2) Graduates, or undergraduates who will graduate in time to	57984
participate in the program described in this division by the	57985
subsequent school year, from an Ohio college or university who	57986
received, or will receive, a degree in science, technology,	57987
engineering, mathematics, or medicine to participate in a	57988
graduate-level teacher education masters program in one of those	57989
fields that requires the student to establish a domicile in the	57990
state and to commit to teach for a minimum of three years in a	57991
hard-to-staff school district in the state upon completion of the	57992
master's degree program. The chancellor may require a college or	57993
university to give priority to qualified candidates who graduated	57994
from a high school in this state.	57995

"Hard-to-staff" shall be as defined by the department of	57996
education.	57997

(C) The general assembly intends that money appropriated for	57998
the choose Ohio first scholarship program in each fiscal year be	57999
used for scholarships in the following academic year.	58000

Sec. 3333.81. As used in sections 3333.81 to 3333.88 of the	58001
Revised Code:	58002

(A) "Clearinghouse" means the clearinghouse established under	58003
section 3333.82 of the Revised Code.	58004

(B) "Community school" means a community school established	58005
under Chapter 3314. of the Revised Code.	58006

(C) "Common statewide platform" means a software program that	58007
facilitates the delivery of courses via computers from multiple	58008
course providers to multiple end users, tracks the progress of the	58009
end user, and includes an integrated searchable database of	58010
standards-based course content.	58011

(D) "Course provider" means a school district, community	58012
school, STEM school, state institution of higher education,	58013
private college or university, or nonprofit or for-profit private	58014
entity that creates or is an agent of the creator of original	58015
course content for a course offered through the clearinghouse.	58016

(E) "Instructor" means an individual who holds a license	58017
issued by the state board of education, as defined in section	58018
3319.31 of the Revised Code, or an individual employed as an	58019
instructor or professor by a state institution of higher education	58020
or a private college or university.	58021

(F) "State institution of higher education" has the same	58022
meaning as in section 3345.011 of the Revised Code.	58023

(G) "STEM school" means a science, technology, engineering,	58024
and mathematics school established under Chapter 3326. of the	58025
Revised Code.	58026

(H) A "student's community school" means the community school	58027
in which the student is enrolled instead of being enrolled in a	58028
school operated by a school district.	58029

(I) A "student's school district" means the school district	58030
operating the school in which the student is lawfully enrolled.	58031

(J) "A student's STEM school" means the STEM school in which	58032
the student is enrolled instead of being enrolled in a school	58033
operated by a school district.	58034

(K) "School district" means a city, exempted village, local,	58035
or joint vocational school district.	58036

Sec. 3333.82. (A) The chancellor of the Ohio board of	58037
regents shall establish a clearinghouse of interactive distance	58038
learning courses and other distance learning courses delivered via	58039
a computer-based method offered by school districts, community	58040
schools, STEM schools, state institutions of higher education,	58041
private colleges and universities, and other nonprofit and	58042
for-profit course providers for sharing with other school	58043
districts, community schools, STEM schools, state institutions of	58044
higher education, private colleges and universities, and	58045
individuals for the fee set pursuant to section 3333.84 of the	58046
Revised Code. The chancellor shall not be responsible for the	58047
content of courses offered through the clearinghouse; however, all	58048
such courses shall be delivered only in accordance with technical	58049
specifications approved by the chancellor and on a common	58050
statewide platform administered by the chancellor.	58051

The clearinghouse's distance learning program for students in	58052
grades kindergarten to twelve shall be based on the following	58053
principles:	58054

(1) All Ohio students shall have access to high quality	58055
distance learning courses at any point in their educational	58056
careers.	58057

(2) All students shall be able to customize their education	58058
using distance learning courses offered through the clearinghouse	58059
and no student shall be denied access to any course in the	58060
clearinghouse in which the student is eligible to enroll.	58061

(3) Students may take distance learning courses for all or	58062
any portion of their curriculum requirements and may utilize a	58063
combination of distance learning courses and courses taught in a	58064
traditional classroom setting.	58065

(4) Students may earn an unlimited number of academic credits	58066
through distance learning courses.	58067

(5) Students may take distance learning courses at any time	58068
of the calendar year.	58069

(6) Student advancement to higher coursework shall be based	58070
on a demonstration of subject area competency instead of	58071
completion of any particular number of hours of instruction.	58072

(B) To offer a course through the clearinghouse, a course	58073
provider shall apply to the chancellor in a form and manner	58074
prescribed by the chancellor. The application for each course	58075
shall describe the course of study in as much detail as required	58076
by the chancellor, whether an instructor is provided, the	58077
qualification and credentials of the instructor, the number of	58078
hours of instruction, and any other information required by the	58079
chancellor. The chancellor may require course providers to include	58080
in their applications information recommended by the state board	58081
of education under former section 3353.30 of the Revised Code.	58082

(C) The chancellor shall review the technical specifications	58083
of each application submitted under division (B) of this section.	58084
In reviewing applications, the chancellor may consult with the	58085
department of education; however, the responsibility to either	58086
approve or not approve a course for the clearinghouse belongs to	58087
the chancellor. The chancellor may request additional information	58088
from a course provider that submits an application under division	58089
(B) of this section, if the chancellor determines that such	58090
information is necessary. The chancellor may negotiate changes in	58091
the proposal to offer a course, if the chancellor determines that	58092
changes are necessary in order to approve the course.	58093

(D) The chancellor shall catalog each course approved for the	58094
clearinghouse, through a print or electronic medium, displaying	58095
the following:	58096

(1) Information necessary for a student and the student's	58097
parent, guardian, or custodian and the student's school district,	58098
community school, STEM school, college, or university to decide	58099
whether to enroll in or subscribe to the course;	58100

(2) Instructions for enrolling in that course, including	58101
deadlines for enrollment.	58102

(E) Any expenses related to the installation of a course into	58103
the common statewide platform shall be borne by the course	58104
provider.	58105

(F) ~~The chancellor may contract with an entity to perform any~~	58106
~~or all of the chancellor's duties under sections 3333.81 to~~	58107
~~3333.88 of the Revised Code.~~The eTech Ohio commission, in	58108
consultation with the chancellor and the state board, shall	58109
distribute information to students and parents describing the	58110
clearinghouse. The information shall be provided in an easily	58111
understandable format.	58112

Sec. 3333.83. (A) ~~A student who is enrolled in a school~~	58113
~~operated by a school district or in a community school or STEM~~	58114
~~school may enroll in a course through the clearinghouse only if~~	58115
~~both of the following conditions are satisfied:~~	58116

~~(1) The student's enrollment in the course is approved by the~~	58117
~~student's school district, community school, or STEM school.~~	58118

~~(2) The student's school district, community school, or STEM~~	58119
~~school agrees to accept for credit the grade assigned by the~~	58120
~~course provider, if that provider is another school district,~~	58121
~~community school, or STEM school~~Each school district, community	58122
school, and STEM school shall encourage students to take advantage	58123
of the distance learning opportunities offered through the	58124
clearinghouse and shall assist any student electing to participate	58125
in the clearinghouse with the selection and scheduling of courses	58126
that satisfy the district's or school's curriculum requirements	58127
and promote the student's post-secondary college or career plans.	58128

(B) For each student enrolled in a school operated by a	58129
school district or in a community school or STEM school who is	58130
enrolling in a course provided through the clearinghouse by	58131
another school district, community school, or STEM school, the	58132
student's school district, community school, or STEM school shall	58133
transmit the student's name to the course provider.	58134

The course provider may request from the student's school	58135
district, community school, or STEM school other information from	58136
the student's school record. The district or school shall provide	58137
the requested information only in accordance with section 3319.321	58138
of the Revised Code.	58139

(C) The student's school district, community school, or STEM	58140
school shall determine the manner in which and facilities at which	58141
the student shall participate in the course consistent with	58142
specifications for technology and connectivity adopted by the	58143
chancellor of the Ohio board of regents.	58144

(D) A student may withdraw from a course prior to the end of	58145
the course only by a date and in a manner prescribed by the	58146
student's school district, community school, or STEM school.	58147

(E) A student who is enrolled in a school operated by a	58148
school district or in a community school or STEM school and who	58149
takes a course through the clearinghouse shall be counted in the	58150
formula ADM of a school district under section 3317.03 of the	58151
Revised Code as if the student were taking the course from the	58152
student's school district, community school, or STEM school.	58153

Sec. 3333.84. (A) The fee charged for any course offered	58154
through the clearinghouse shall be set by the course provider.	58155

(B) The chancellor of the Ohio board of regents shall	58156
prescribe the manner in which the fee for a course shall be	58157
collected or deducted from the school district, school, college or	58158
university, or individual subscribing to the course and in which	58159
manner the fee shall be paid to the course provider.	58160

(C) The chancellor may retain a percentage of the fee charged	58161
for a course to offset the cost of maintaining and operating the	58162
clearinghouse, including the payment of compensation for an entity	58163
or a private entity that is under contract with the chancellor	58164
under division (F) of section 3333.82 of the Revised Code. The	58165
percentage retained shall be determined by the chancellor.	58166

(D) Nothing in this section shall be construed to require the	58167
school district, community school, or STEM school in which a	58168
student is enrolled to pay the fee charged for a course taken by	58169
the student.	58170

Sec. 3333.85. (A) The grade for a student enrolled in a	58171
school operated by a school district or in a community school or	58172
STEM school for a course provided through the clearinghouse by	58173
another school district, community school, or STEM school shall be	58174
assigned by the course provider and shall be transmitted to the	58175
student's school district, community school, or STEM school.	58176

(B) The district or school enrolling the student shall award	58177
the student credit for successful completion of the course. The	58178
credit awarded shall be equivalent to any credit that would be	58179
granted for successful completion of a similar course offered by	58180
the district or school.	58181

(C) No district or school shall prohibit or otherwise limit	58182
any student's access to or participation in courses offered	58183
through the clearinghouse, or refuse to recognize such courses as	58184
fulfilling curriculum requirements, including the requirements for	58185
a high school diploma under section 3313.603 of the Revised Code.	58186

Sec. 3333.87. The chancellor of the Ohio board of regents	58187
and the state board of education jointly, and in consultation with	58188
the director of the governor's office of 21st century education,	58189
shall adopt rules in accordance with Chapter 119. of the Revised	58190
Code prescribing procedures for the implementation of sections	58191
3333.81 to 3333.86 of the Revised Code.	58192

Sec. 3333.90. (A) As used in this section:

58193

(1) "Allocated state share of instruction" means, for any	58194
fiscal year, the amount of the state share of instruction	58195
appropriated to the Ohio board of regents by the general assembly	58196
that is allocated to a community or technical college or community	58197
or technical college district for such fiscal year.	58198

(2) "~~Authority~~Issuing authority" ~~means the Ohio building~~	58199
~~authority~~has the same meaning as in section 154.01 of the Revised	58200
Code.	58201

(3) "Bond service charges" has the same meaning as in section	58202
~~152.09~~154.01 of the Revised Code.	58203

(4) "Chancellor" means the chancellor of the Ohio board of	58204
regents.	58205

(5) "Community or technical college" or "college" means any	58206
of the following state-supported or state-assisted institutions of	58207
higher education:	58208

(a) A community college as defined in section 3354.01 of the	58209
Revised Code;	58210

(b) A technical college as defined in section 3357.01 of the	58211
Revised Code;	58212

(c) A state community college as defined in section 3358.01	58213
of the Revised Code.	58214

(6) "Community or technical college district" or "district"	58215
means any of the following institutions of higher education that	58216
are state-supported or state-assisted:	58217

(a) A community college district as defined in section	58218
3354.01 of the Revised Code;	58219

(b) A technical college district as defined in section	58220
3357.01 of the Revised Code;	58221

(c) A state community college district as defined in section	58222
3358.01 of the Revised Code.	58223

(7) "Credit enhancement facilities" has the same meaning as	58224
in section 133.01 of the Revised Code.	58225

(8) "Obligations" has the meaning as in section ~~152.09~~154.01	58226
or 3345.12 of the Revised Code, as the context requires.	58227

(B) The board of trustees of any community or technical	58228
college district authorizing the issuance of obligations under	58229
section 3354.12, 3354.121, 3357.11, 3357.112, or 3358.10 of the	58230
Revised Code, or for whose benefit and on whose behalf the issuing	58231
authority proposes to issue obligations under ~~division (G) of~~	58232
section ~~152.09~~154.25 of the Revised Code, may adopt a resolution	58233
requesting the chancellor to enter into an agreement with the	58234
community or technical college district and the primary paying	58235
agent or fiscal agent for such obligations, providing for the	58236
withholding and deposit of funds otherwise due the district or the	58237
community or technical college it operates in respect of its	58238
allocated state share of instruction, for the payment of bond	58239
service charges on such obligations.	58240

The board of trustees shall deliver to the chancellor a copy	58241
of the resolution and any additional pertinent information the	58242
chancellor may require.	58243

The chancellor and the office of budget and management, and	58244
the issuing authority in the case of obligations to be issued by	58245
the issuing authority, shall evaluate each request received from a	58246
community or technical college district under this section. The	58247
chancellor, with the advice and consent of the director of budget	58248
and management and the issuing authority in the case of	58249
obligations to be issued by the issuing authority, shall approve	58250
each request if all of the following conditions are met:	58251

(1) Approval of the request will enhance the marketability of	58252
the obligations for which the request is made;	58253

(2) The chancellor and the office of budget and management,	58254
and the issuing authority in the case of obligations to be issued	58255
by the issuing authority, have no reason to believe the requesting	58256
community or technical college district or the community or	58257
technical college it operates will be unable to pay when due the	58258
bond service charges on the obligations for which the request is	58259
made, and bond service charges on those obligations are therefore	58260
not anticipated to be paid pursuant to this section from the	58261
allocated state share of instruction for purposes of Section 17 of	58262
Article VIII, Ohio Constitution.	58263

(3) Any other pertinent conditions established in rules	58264
adopted under division (H) of this section.	58265

(C) If the chancellor approves the request of a community or	58266
technical college district to withhold and deposit funds pursuant	58267
to this section, the chancellor shall enter into a written	58268
agreement with the district and the primary paying agent or fiscal	58269
agent for the obligations, which agreement shall provide for the	58270
withholding of funds pursuant to this section for the payment of	58271
bond service charges on those obligations. The agreement may also	58272
include both of the following:	58273

(1) Provisions for certification by the district to the	58274
chancellor, prior to the deadline for payment of the applicable	58275
bond service charges, whether the district and the community or	58276
technical college it operates are able to pay those bond service	58277
charges when due;	58278

(2) Requirements that the district or the community or	58279
technical college it operates deposits amounts for the payment of	58280
those bond service charges with the primary paying agent or fiscal	58281
agent for the obligations prior to the date on which the bond	58282
service charges are due to the owners or holders of the	58283
obligations.	58284

(D) Whenever a district or the community or technical college	58285
it operates notifies the chancellor that it will not be able to	58286
pay the bond service charges when they are due, subject to the	58287
withholding provisions of this section, or whenever the applicable	58288
paying agent or fiscal agent notifies the chancellor that it has	58289
not timely received from a district or from the college it	58290
operates the full amount needed for payment of the bond service	58291
charges when due to the holders or owners of such obligations, the	58292
chancellor shall immediately contact the district or college and	58293
the paying agent or fiscal agent to confirm that the district and	58294
the college are not able to make the required payment by the date	58295
on which it is due.	58296

If the chancellor confirms that the district and the college	58297
are not able to make the payment and the payment will not be made	58298
pursuant to a credit enhancement facility, the chancellor shall	58299
promptly pay to the applicable primary paying agent or fiscal	58300
agent the lesser of the amount due for bond service charges or the	58301
amount of the next periodic distribution scheduled to be made to	58302
the district or to the college in respect of its allocated state	58303
share of instruction. If this amount is insufficient to pay the	58304
total amount then due the agent for the payment of bond service	58305
charges, the chancellor shall continue to pay to the agent from	58306
each periodic distribution thereafter, and until the full amount	58307
due the agent for unpaid bond service charges is paid in full, the	58308
lesser of the remaining amount due the agent for bond service	58309
charges or the amount of the next periodic distribution scheduled	58310
to be made to the district or college in respect of its allocated	58311
state share of instruction.	58312

(E) The chancellor may make any payments under this section	58313
by direct deposit of funds by electronic transfer.	58314

Any amount received by a paying agent or fiscal agent under	58315
this section shall be applied only to the payment of bond service	58316
charges on the obligations of the community or technical college	58317
district or community or technical college subject to this section	58318
or to the reimbursement of the provider of a credit enhancement	58319
facility that has paid the bond service charges.	58320

(F) The chancellor may make payments under this section to	58321
paying agents or fiscal agents during any fiscal biennium of the	58322
state only from and to the extent that money is appropriated to	58323
the board of regents by the general assembly for distribution	58324
during such biennium for the state share of instruction and only	58325
to the extent that a portion of the state share of instruction has	58326
been allocated to the community or technical college district or	58327
community or technical college. Obligations of the issuing	58328
authority or of a community or technical college district to which	58329
this section is made applicable do not constitute an obligation or	58330
a debt or a pledge of the faith, credit, or taxing power of the	58331
state, and the holders or owners of those obligations have no	58332
right to have excises or taxes levied or appropriations made by	58333
the general assembly for the payment of bond service charges on	58334
the obligations, and the obligations shall contain a statement to	58335
that effect. The agreement for or the actual withholding and	58336
payment of money under this section does not constitute the	58337
assumption by the state of any debt of a community or technical	58338
college district or a community or technical college, and bond	58339
service charges on the related obligations are not anticipated to	58340
be paid from the state general revenue fund for purposes of	58341
Section 17 of Article VIII, Ohio Constitution.	58342

(G) In the case of obligations subject to the withholding	58343
provisions of this section, the issuing community or technical	58344
college district, or the issuing authority in the case of	58345
obligations issued by the issuing authority, shall appoint a	58346
paying agent or fiscal agent who is not an officer or employee of	58347
the district or college.	58348

(H) The chancellor, with the advice and consent of the office	58349
of budget and management, may adopt reasonable rules not	58350
inconsistent with this section for the implementation of this	58351
section to secure payment of bond service charges on obligations	58352
issued by a community or technical college district or by the	58353
issuing authority for the benefit of a community or technical	58354
college district or the community or technical college it	58355
operates. Those rules shall include criteria for the evaluation	58356
and approval or denial of community or technical college district	58357
requests for withholding under this section.	58358

(I) The authority granted by this section is in addition to	58359
and not a limitation on any other authorizations granted by or	58360
pursuant to law for the same or similar purposes.	58361

Sec. 3334.19. (A) The Ohio tuition trust authority shall	58362
adopt an investment plan that sets forth investment policies and	58363
guidelines to be utilized in administering the variable college	58364
savings program and investment options offered by the authority.	58365
The investment options shall include a default option to benefit	58366
contributors who are first-time investors or have low to moderate	58367
incomes. Except as provided in section 3334.20 of the Revised	58368
Code, the authority shall contract with one or more insurance	58369
companies, banks, or other financial institutions to act as its	58370
investment agents and to provide such services as the authority	58371
considers appropriate to the investment plan, including:	58372

(1) Purchase, control, and safekeeping of assets;

58373

(2) Record keeping and accounting for individual accounts and	58374
for the program as a whole;	58375

(3) Provision of consolidated statements of account.

58376

(B) The authority or its investment agents shall maintain a	58377
separate account for the beneficiary of each contract entered into	58378
under the variable college savings program. If a beneficiary has	58379
more than one such account, the authority or its agents shall	58380
track total contributions and earnings and provide a consolidated	58381
system of account distributions to institutions of higher	58382
education.	58383

(C) The authority or its investment agents may place assets	58384
of the program in savings accounts and may purchase fixed or	58385
variable life insurance or annuity contracts, securities, evidence	58386
of indebtedness, or other investment products pursuant to the	58387
investment plan.	58388

(D) Contributors shall not direct the investment of their	58389
contributions under the investment plan. The authority shall	58390
impose other limits on contributors' investment discretion to the	58391
extent required under section 529 of the Internal Revenue Code.	58392

(E) The investment agents with which the authority contracts	58393
shall discharge their duties with respect to program funds with	58394
the care and diligence that a prudent person familiar with such	58395
matters and with the character and aims of the program would use.	58396

(F) The assets of the program shall be preserved, invested,	58397
and expended solely for the purposes of this chapter and shall not	58398
be loaned or otherwise transferred or used by the state for any	58399
other purpose. This section shall not be construed to prohibit the	58400
investment agents of the authority from investing, by purchase or	58401
otherwise, in bonds, notes, or other obligations of the state or	58402
any agency or instrumentality of the state. Unless otherwise	58403
specified by the authority, assets of the program shall be	58404
expended in the following order of priority:	58405

(1) To make payments on behalf of beneficiaries;

58406

(2) To make refunds upon termination of variable college	58407
savings program contracts;	58408

(3) To pay the authority's costs of administering the	58409
program;	58410

(4) To pay or cover any other expenditure or disbursement the	58411
authority determines necessary or appropriate.	58412

(G) Fees, charges, and other costs imposed or collected by	58413
the authority in connection with the variable college savings	58414
program, including any fees or other payments that the authority	58415
requires an investment agent to pay to the authority, shall be	58416
credited to either the variable operating fund or the index	58417
operating fund at the discretion of the authority. These funds are	58418
hereby created in the state treasury. Expenses incurred in the	58419
administration of the variable college savings program, as well as	58420
other expenses, disbursements, or payments the authority considers	58421
appropriate for the benefit of any college savings programs	58422
administered by the authority, the state of Ohio and its citizens,	58423
shall be paid from the variable operating fund or the index	58424
operating fund at the discretion of the authority.	58425

(H) No records of the authority indicating the identity of	58426
purchasers, contributors, and beneficiaries under the program or	58427
amounts contributed to, earned by, or distributed from program	58428
accounts are public records within the meaning of section 149.43	58429
of the Revised Code.	58430

Sec. 3345.023. (A) No state institution of higher education	58431
shall take any action or enforce any policy that would deny a	58432
religious student group any benefit available to any other student	58433
group based on the religious student group's requirement that its	58434
leaders or voting members adhere to its sincerely held religious	58435
beliefs or standards of conduct.	58436

(B) As used in this section:

58437

(1) "Benefits" include, without limitation:

58438

(a) Recognition;

58439

(b) Registration;

58440

(c) The use of facilities of the state institution of higher	58441
education for meetings or speaking purposes, subject to section	58442
3345.021 of the Revised Code;	58443

(d) The use of channels of communication of the state	58444
institution of higher education;	58445

(e) Funding sources that are otherwise available to any other	58446
student group in the state institution of higher education.	58447

(2) "State institution of higher education" has the same	58448
meaning as in section 3345.011 of the Revised Code.	58449

Sec. 3345.061. (A) Ohio's two-year institutions of higher	58450
education are respected points of entry for students embarking on	58451
post-secondary careers and courses completed at those institutions	58452
are transferable to state universities in accordance with	58453
articulation and transfer agreements developed under sections	58454
3333.16, 3333.161, and 3333.162 of the Revised Code.	58455

(B) Beginning with undergraduate students who commence	58456
undergraduate studies in the 2014-2015 academic year, no state	58457
university listed in section 3345.011 of the Revised Code, except	58458
Central state university, Shawnee state university, and Youngstown	58459
state university, shall receive any state operating subsidies for	58460
any academic remedial or developmental courses for undergraduate	58461
students, including courses prescribed in the Ohio core curriculum	58462
for high school graduation under division (C) of section 3313.603	58463
of the Revised Code, offered at its main campus, except as	58464
provided in divisions (B)(1) to (4) of this section.	58465

(1) In the 2014-2015 and 2015-2016 academic years, a state	58466
university may receive state operating subsidies for academic	58467
remedial or developmental courses for not more than three per cent	58468
of the total undergraduate credit hours provided by the university	58469
at its main campus.	58470

(2) In the 2016-2017 academic year, a state university may	58471
receive state operating subsidies for academic remedial or	58472
developmental courses for not more than fifteen per cent of the	58473
first-year students who have graduated from high school within the	58474
previous twelve months and who are enrolled in the university at	58475
its main campus, as calculated on a full-time-equivalent basis.	58476

(3) In the 2017-2018 academic year, a state university may	58477
receive state operating subsidies for academic remedial or	58478
developmental courses for not more than ten per cent of the	58479
first-year students who have graduated from high school within the	58480
previous twelve months and who are enrolled in the university at	58481
its main campus, as calculated on a full-time-equivalent basis.	58482

(4) In the 2018-2019 academic year, a state university may	58483
receive state operating subsidies for academic remedial or	58484
developmental courses for not more than five per cent of the	58485
first-year students who have graduated from high school within the	58486
previous twelve months and who are enrolled in the university at	58487
its main campus, as calculated on a full-time-equivalent basis.	58488

Each state university may continue to offer academic remedial	58489
and developmental courses at its main campus beyond the extent for	58490
which state operating subsidies may be paid under this division	58491
and may continue to offer such courses beyond the 2018-2019	58492
academic year. However, the university shall not receive any state	58493
operating subsidies for such courses above the maximum amounts	58494
permitted in this division.	58495

(C) Except as otherwise provided in division (B) of this	58496
section, beginning with students who commence undergraduate	58497
studies in the 2014-2015 academic year, state operating subsidies	58498
for academic remedial or developmental courses offered by state	58499
institutions of higher education may be paid only to Central state	58500
university, Shawnee state university, Youngstown state university,	58501
any university branch, any community college, any state community	58502
college, or any technical college.	58503

(D) Each state university shall grant credit for academic	58504
remedial or developmental courses successfully completed at an	58505
institution described in division (C) of this section pursuant to	58506
any applicable articulation and transfer agreements the university	58507
has entered into in accordance with policies and procedures	58508
adopted under section 3333.16, 3333.161, or 3333.162 of the	58509
Revised Code.	58510

(E) The chancellor of the Ohio board of regents shall do all	58511
of the following:	58512

(1) Withhold state operating subsidies for academic remedial	58513
or developmental courses provided by a state university as	58514
required in order to conform to divisions (B) and (C) of this	58515
section;	58516

(2) Adopt uniform statewide standards for academic remedial	58517
and developmental courses offered by all state institutions of	58518
higher education~~, as defined in section 3345.011 of the Revised~~	58519
~~Code~~;	58520

(3) Encourage and assist in the design and establishment of	58521
academic remedial and developmental courses by institutions of	58522
higher education;	58523

(4) Define "academic year" for purposes of this section and	58524
section 3345.06 of the Revised Code;	58525

(5) Encourage and assist in the development of articulation	58526
and transfer agreements between state universities and other	58527
institutions of higher education in accordance with policies and	58528
procedures adopted under sections 3333.16, 3333.161, and 3333.162	58529
of the Revised Code.	58530

(F) Not later than December 31, 2012, the presidents, or	58531
equivalent position, of all state institutions of higher	58532
education, or their designees, jointly shall establish uniform	58533
statewide standards in mathematics, science, reading, and writing	58534
each student enrolled in a state institution of higher education	58535
must meet to be considered in remediation-free status. The	58536
presidents also shall establish assessments, if they deem	58537
necessary, to determine if a student meets the standards adopted	58538
under this division. Each institution is responsible for assessing	58539
the needs of its enrolled students in the manner adopted by the	58540
presidents. The board of trustees or managing authority of each	58541
state institution of higher education shall adopt the	58542
remediation-free status standard, and any related assessments,	58543
into the institution's policies.	58544

The chancellor shall assist in coordinating the work of the	58545
presidents under this division.	58546

(G) Each year, not later than a date established by the	58547
chancellor, each state institution of higher education shall	58548
report to the governor, the general assembly, the chancellor, and	58549
the superintendent of public instruction all of the following for	58550
the prior academic year:	58551

(1) The institution's aggregate costs for providing academic	58552
remedial or developmental courses;	58553

(2) The amount of those costs disaggregated according to the	58554
city, local, or exempted village school districts from which the	58555
students taking those courses received their high school diplomas;	58556

(3) Any other information with respect to academic remedial	58557
and developmental courses that the chancellor considers	58558
appropriate.	58559

(H) Not later than December 31, 2011, and the thirty-first	58560
day of each December thereafter, the chancellor and the	58561
superintendent of public instruction shall issue a report	58562
recommending policies and strategies for reducing the need for	58563
academic remediation and developmental courses at state	58564
institutions of higher education.	58565

(I) As used in this section, "state institution of higher	58566
education" has the same meaning as in section 3345.011 of the	58567
Revised Code.	58568

Sec. 3345.14. (A) As used in this section, "state college or	58569
university" means any state university or college defined in	58570
division (A)(1) of section 3345.12 of the Revised Code, and any	58571
other institution of higher education defined in division (A)(2)	58572
of that section.	58573

(B) All rights to and interests in discoveries, inventions,	58574
or patents which result from research or investigation conducted	58575
in any experiment station, bureau, laboratory, research facility,	58576
or other facility of any state college or university, or by	58577
employees of any state college or university acting within the	58578
scope of their employment or with funding, equipment, or	58579
infrastructure provided by or through any state college or	58580
university, shall be the sole property of that college or	58581
university. No person, firm, association, corporation, or	58582
governmental agency which uses the facilities of such college or	58583
university in connection with such research or investigation and	58584
no faculty member, employee, or student of such college or	58585
university participating in or making such discoveries or	58586
inventions, shall have any rights to or interests in such	58587
discoveries or inventions, including income therefrom, except as	58588
may, by determination of the board of trustees of such college or	58589
university, be assigned, licensed, transferred, or paid to such	58590
persons or entities in accordance with division (C) of this	58591
section or in accordance with rules adopted under division (D) of	58592
this section.	58593

(C) As may be determined from time to time by the board of	58594
trustees of any state college or university, the college or	58595
university may retain, assign, license, transfer, sell, or	58596
otherwise dispose of, in whole or in part and upon such terms as	58597
the board of trustees may direct, any and all rights to, interests	58598
in, or income from any such discoveries, inventions, or patents	58599
which the college or university owns or may acquire. Such	58600
dispositions may be to any individual, firm, association,	58601
corporation, or governmental agency, or to any faculty member,	58602
employee, or student of the college or university as the board of	58603
trustees may direct. Any and all income or proceeds derived or	58604
retained from such dispositions shall be applied to the general or	58605
special use of the college or university as determined by the	58606
board of trustees of such college or university.	58607

(D)(1) Notwithstanding any provision of the Revised Code to	58608
the contrary, including but not limited to sections 102.03,	58609
102.04, 2921.42, and 2921.43 of the Revised Code, the board of	58610
trustees of any state college or university may adopt rules in	58611
accordance with section 111.15 of the Revised Code that set forth	58612
circumstances under which an employee of the college or university	58613
may solicit or accept, and under which a person may give or	58614
promise to give to such an employee, a financial interest in any	58615
firm, corporation, or other association to which the board has	58616
assigned, licensed, transferred, or sold the college or	58617
university's interests in its intellectual property, including	58618
discoveries or inventions made or created by that employee or in	58619
patents issued to that employee.	58620

(2) Rules established under division (D)(1) of this section	58621
shall include the following:	58622

(a) A requirement that each college or university employee	58623
disclose to the college or university board of trustees any	58624
financial interest the employee holds in a firm, corporation, or	58625
other association as described in division (D)(1) of this section;	58626

(b) A requirement that all disclosures made under division	58627
(D)(2)(a) of this section are reviewed by officials designated by	58628
the college or university board of trustees. The officials	58629
designated under this division shall determine the information	58630
that shall be disclosed and safeguards that shall be applied in	58631
order to manage, reduce, or eliminate any actual or potential	58632
conflict of interest.	58633

(c) A requirement that in implementing division (D) of this	58634
section all members of the college or university board of trustees	58635
shall be governed by Chapter 102. and sections 2921.42 and 2921.43	58636
of the Revised Code.	58637

(d) Guidelines to ensure that any financial interest held by	58638
any employee of the college or university does not result in	58639
misuse of the students, employees, or resources of the college or	58640
university for the benefit of the firm, corporation, or other	58641
association in which such interest is held or does not otherwise	58642
interfere with the duties and responsibilities of the employee who	58643
holds such an interest.	58644

(3) Rules established under division (D)(1) of this section	58645
may include other provisions at the discretion of the college or	58646
university board of trustees.	58647

(E) Notwithstanding division (D) of this section, the Ohio	58648
ethics commission retains authority to provide assistance to a	58649
college or university board of trustees in the implementation of	58650
division (D)(2) of this section and to address any matter that is	58651
outside the scope of the exception to division (B) of this section	58652
as set forth in division (D) of this section or as set forth in	58653
rules established under division (D) of this section.	58654

Sec. 3345.81. (A) The chancellor of the Ohio board of regents	58655
shall develop a plan for designating public institutions of higher	58656
education as charter universities. In developing the plan, the	58657
chancellor shall:	58658

(1) Study the administrative and financial relationships	58659
between the state and its public institutions of higher education	58660
to determine the extent to which public colleges and universities	58661
can manage their operations more effectively when accorded	58662
flexibility through selected delegation of authority;	58663

(2) Examine legal and other issues related to the feasibility	58664
and practicability of restructuring the administrative and	58665
financial relationships between the state and its public	58666
institutions of higher education;	58667

(3) Consult with the presidents of the institutions of higher	58668
education of the university system of Ohio.	58669

(B) The office of budget and management, the department of	58670
administrative services, and each state institution of higher	58671
education shall provide the chancellor, upon the chancellor's	58672
request, with research assistance, fiscal and policy analysis, and	58673
other services in conducting the study and developing the plan	58674
under this section. Each state agency shall provide the chancellor	58675
with any other assistance requested by the chancellor in	58676
conducting the study and developing the plan.	58677

58678

(1) The manner in which a state institution of higher	58679
education may become eligible for restructured financial and	58680
operational authority, and performance measures and criteria to	58681
determine eligibility. The performance measures and criteria shall	58682
address the institution's ability to manage successfully its	58683
administrative and financial operations without jeopardizing the	58684
financial integrity and stability of the institution.	58685

(2) Specific areas of financial and operational authority	58686
that are subject to increased flexibility;	58687

(3) The nature and term of the management agreement required	58688
between the state and an institution.	58689

(D) Not later than August 15, 2011, the chancellor shall	58690
submit to the general assembly and the governor a report of	58691
findings and recommendations for use in developing policy,	58692
statutory, and administrative rule changes necessary to implement	58693
the plan. No institution shall be designated a charter university	58694
until the general assembly, after considering the chancellor's	58695
plan, has enacted legislation establishing a procedure for making	58696
the designation. The chancellor shall not adopt, amend, or rescind	58697
any rules with respect to designating institutions as charter	58698
universities until that legislation is enacted. The general	58699
assembly intends that the general assembly, governor, and	58700
chancellor will take actions necessary for implementation of the	58701
plan for charter universities to commence July 1, 2012.	58702

Sec. 3349.29. An agreement made pursuant to sections 3349.27	58703
and 3349.28 of the Revised Code is not effective unless it has	58704
been approved by the legislative authority of the municipal	58705
corporation with which the municipal university is identified,	58706
upon such legislative authority's determination that such	58707
agreement will be beneficial to the municipal corporation, and	58708
also approved by the Ohio board of regents, and, if required by	58709
any applicable appropriation measure, by the state controlling	58710
board, and any payment from state tax moneys provided for in the	58711
agreement will be subject to appropriations made by the general	58712
assembly. If provision is to be made under such agreement for the	58713
transfer of, or grant of the right to use, all or a substantial	58714
part of the assets of the municipal university to the state	58715
university and assumption by the state university of educational	58716
functions of the municipal university, such agreement shall not	58717
become effective, under sections 3349.27 to 3349.30 of the Revised	58718
Code until the electors of the municipal corporation have approved	58719
such transfer or grant.	58720

The legislative authority of the municipal corporation shall,	58721
by ordinance, submit the question to the electors at a general,	58722
primary, or a special election to be held on the date specified in	58723
the ordinance. The ordinance shall be certified to the board of	58724
elections not later than the forty-fifth day preceding the date of	58725
the election. Notice of the election shall be published in one or	58726
~~more newspapers~~newspaper of general circulation in the municipal	58727
corporation once a week for two consecutive weeks or as provided	58728
in section 7.16 of the Revised Code, prior to the election ~~and,~~	58729
if. If the board of elections operates and maintains a web site,	58730
notice of the election also shall be posted on that web site for	58731
thirty days prior to the election. The form of the ballot to be	58732
used at the election shall be substantially as follows, with such	58733
variations as may be appropriate to reflect the general nature of	58734
the transfer or grant of use of assets and the transfer of	58735
educational functions contemplated:	58736

"Shall assets of the municipal university known as	58737
.......................... be transferred to (make available for	58738
use by) a state university known as ...........................	58739
and the state university assume educational functions of the	58740
municipal university and provide higher education in (or in close	58741
proximity to) the city of .......................... to the	58742
residents of the city of ........................ and of the state	58743
of Ohio and such others as shall be admitted?"	58744

The favorable vote of a majority of those voting on the	58745
proposition constitutes such approval as is required by this	58746
section.	58747

Sec. 3353.04. (A) The eTech Ohio commission may perform any	58748
act necessary to carry out the functions of this chapter,	58749
including any of the following:	58750

(1) Make grants to institutions and other organizations as	58751
prescribed by the general assembly for the provision of technical	58752
assistance, professional development, and other support services	58753
to enable school districts, community schools established under	58754
Chapter 3314. of the Revised Code, other educational institutions,	58755
and affiliates to utilize educational technology;	58756

(2) Establish a reporting system for school districts,	58757
community schools, other educational institutions, affiliates, and	58758
educational technology organizations that receive financial	58759
assistance from the commission. The system may require the	58760
reporting of information regarding the manner in which the	58761
assistance was expended, the manner in which the equipment or	58762
services purchased with the assistance is being utilized, the	58763
results or outcome of the utilization, the manner in which the	58764
utilization is compatible with the statewide academic standards	58765
adopted by the state board of education pursuant to section	58766
3301.079 of the Revised Code, and any other information determined	58767
by the commission.	58768

(3) Ensure that, where appropriate, products produced by any	58769
entity to which the commission provides financial assistance for	58770
use in elementary and secondary education are aligned with the	58771
statewide academic standards adopted by the state board pursuant	58772
to section 3301.079 of the Revised Code;	58773

(4) Promote accessibility to educational products aligned	58774
with the statewide academic standards, adopted by the state board	58775
pursuant to section 3301.079 of the Revised Code, for school	58776
districts, community schools, and other entities serving grades	58777
kindergarten through twelve;	58778

(5) Own or operate transmission facilities and	58779
interconnection facilities, or contract for transmission	58780
facilities and interconnection facilities, for an educational	58781
television, radio, or radio reading service network;	58782

(6) Establish standards for interconnection facilities used	58783
by the commission in the transmission of educational television,	58784
radio, or radio reading service programming;	58785

(7) Enter into agreements with noncommercial educational	58786
television or radio broadcasting stations or radio reading	58787
services for the operation of the interconnection;	58788

(8) Enter into agreements with noncommercial educational	58789
television or radio broadcasting stations or radio reading	58790
services for the production and use of educational television,	58791
radio, or radio reading service programs to be transmitted by the	58792
educational telecommunications network;	58793

(9) Execute contracts and other agreements necessary and	58794
desirable to carry out the purposes of this chapter and other	58795
duties prescribed to the commission by law or authorize the	58796
executive director of the commission to execute such contracts and	58797
agreements on the commission's behalf;	58798

(10) Act as consultant with educational television and	58799
educational radio stations and radio reading services toward	58800
coordination within the state of the distribution of federal funds	58801
that may become available for equipment for educational	58802
broadcasting or radio reading services;	58803

(11) Make payments to noncommercial Ohio educational	58804
television or radio broadcasting stations or radio reading	58805
services to sustain the operation of such stations or services;	58806

(12) In consultation with participants in programs	58807
administered by the commission, establish guidelines governing	58808
purchasing and procurement that facilitate the timely and	58809
effective implementation of such programs;	58810

(13) In consultation with participants in programs	58811
administered by the commission, consider the efficiency and cost	58812
savings of statewide procurement prior to allocating and releasing	58813
funds for such programs;	58814

(14) In consultation with participants in programs	58815
administered by the commission, establish a systems support	58816
network to facilitate the timely implementation of the programs	58817
and other projects and activities for which the commission	58818
provides assistance.	58819

(B) Chapters 123., 124., 125., and 153. of the Revised Code	58820
and sections 9.331~~, 9.332, and 9.333~~to 9.335 of the Revised Code	58821
do not apply to contracts, programs, projects, or activities of	58822
the commission.	58823

Sec. 3353.15. There is hereby created in the state treasury	58824
the information technology service fund. The fund shall consist of	58825
money received by the eTech Ohio commission pursuant to agreements	58826
with educational entities for the provision of information	58827
technology services to support initiatives to align education from	58828
preschool through college, and any other money deposited into the	58829
fund by the commission. Money in the fund shall be used to provide	58830
the services specified in the agreements, including implementation	58831
and maintenance of an electronic clearinghouse for student	58832
transcript transfers and development of the education data	58833
repository described in section 3301.94 of the Revised Code.	58834
Investment earnings of the fund shall be credited to the fund.	58835

Sec. 3354.12. (A) Upon the request by resolution approved by	58836
the board of trustees of a community college district, and upon	58837
certification to the board of elections not less than ninety days	58838
prior to the election, the boards of elections of the county or	58839
counties comprising such district shall place upon the ballot in	58840
their respective counties the question of levying a tax on all the	58841
taxable property in the community college district outside the	58842
ten-mill limitation, for a specified period of years or for a	58843
continuing period of time, to provide funds for any one or more of	58844
the following purposes: the acquisition of sites, the erection,	58845
furnishing, and equipment of buildings, the acquisition,	58846
construction, or improvement of any property which the board of	58847
trustees of a community college district is authorized to acquire,	58848
construct, or improve and which has an estimated life of	58849
usefulness of five years or more as certified by the fiscal	58850
officer, and the payment of operating costs. Not more than two	58851
special elections shall be held in any one calendar year. Levies	58852
for a continuing period of time adopted under this section may be	58853
reduced in accordance with section 5705.261 of the Revised Code.	58854

If such proposal is to be or include the renewal of an	58855
existing levy at the expiration thereof, the ballot for such	58856
election shall state whether it is a renewal of a tax; a renewal	58857
of a stated number of mills and an increase of a stated number of	58858
mills, or a renewal of a part of an existing levy with a reduction	58859
of a stated number of mills; the year of the tax duplicate on	58860
which such renewal will first be made; and if earlier, the year of	58861
the tax duplicate on which such additional levy will first be	58862
made, which may include the tax duplicate for the current year	58863
unless the election is to be held after the first Tuesday after	58864
the first Monday in November of the current tax year. The ballot	58865
shall also state the period of years for such levy or that it is	58866
for a continuing period of time. If a levy for a continuing period	58867
of time provides for but is not limited to current expenses, the	58868
resolution of the board of trustees providing for the election on	58869
such levy shall apportion the annual rate of the levy between	58870
current expenses and the other purpose or purposes. Such	58871
apportionment need not be the same for each year of the levy, but	58872
the respective portions of the rate actually levied each year for	58873
current expenses and the other purpose or purposes shall be	58874
limited by such apportionment. The portion of the rate apportioned	58875
to the other purpose or purposes shall be reduced as provided in	58876
division (B) of this section.	58877

If a majority of the electors in such district voting on such	58878
question approve thereof, the county auditor or auditors of the	58879
county or counties comprising such district shall annually, for	58880
the applicable years, place such levy on the tax duplicate in such	58881
district, in an amount determined by the board of trustees, but	58882
not to exceed the amount set forth in the proposition approved by	58883
the electors.	58884

The boards of trustees of a community college district shall	58885
establish a special fund for all revenue derived from any tax	58886
levied pursuant to this section.	58887

The boards of elections of the county or counties comprising	58888
the district shall cause to be published in a newspaper of general	58889
circulation in each such county an advertisement of the proposed	58890
tax levy question once a week for two consecutive weeks, or as	58891
provided in section 7.16 of the Revised Code, prior to the	58892
election at which the question is to appear on the ballot~~, and,~~	58893
if. If a board of elections operates and maintains a web site,	58894
that board also shall post ~~a similar~~the advertisement on its web	58895
site for thirty days prior to that election.	58896

After the approval of such levy by vote, the board of	58897
trustees of a community college district may anticipate a fraction	58898
of the proceeds of such levy and from time to time issue	58899
anticipation notes having such maturity or maturities that the	58900
aggregate principal amount of all such notes maturing in any	58901
calendar year shall not exceed seventy-five per cent of the	58902
anticipated proceeds from such levy for such year, and that no	58903
note shall mature later than the thirty-first day of December of	58904
the tenth calendar year following the calendar year in which such	58905
note is issued. Each issue of notes shall be sold as provided in	58906
Chapter 133. of the Revised Code.	58907

The amount of bonds or anticipatory notes authorized pursuant	58908
to Chapter 3354. of the Revised Code, may include sums to repay	58909
moneys previously borrowed, advanced, or granted and expended for	58910
the purposes of such bond or anticipatory note issues, whether	58911
such moneys were advanced from the available funds of the	58912
community college district or by other persons, and the community	58913
college district may restore and repay to such funds or persons	58914
from the proceeds of such issues the moneys so borrowed, advanced	58915
or granted.	58916

All operating costs of such community college may be paid out	58917
of any gift or grant from the state, pursuant to division (K) of	58918
section 3354.09 of the Revised Code; out of student fees and	58919
tuition collected pursuant to division (G) of section 3354.09 of	58920
the Revised Code; or out of unencumbered funds from any other	58921
source of the community college income not prohibited by law.	58922

(B) Prior to the application of section 319.301 of the	58923
Revised Code, the rate of a levy that is limited to, or to the	58924
extent that it is apportioned to, purposes other than current	58925
expenses shall be reduced in the same proportion in which the	58926
district's total valuation increases during the life of the levy	58927
because of additions to such valuation that have resulted from	58928
improvements added to the tax list and duplicate.	58929

Sec. 3354.16. (A) When the board of trustees of a community	58930
college district has by resolution determined to let by contract	58931
the work of improvements pursuant to the official plan of such	58932
district, contracts in amounts exceeding a dollar amount set by	58933
the board, which dollar amount shall not exceed ~~fifty~~two hundred	58934
thousand dollars, shall be advertised after notices calling for	58935
bids have been published once a week for three consecutive weeks	58936
or as provided in section 7.16 of the Revised Code, in ~~at least~~	58937
~~one~~a newspaper of general circulation within the community	58938
college district wherein the work is to be done. Subject to	58939
section 3354.10 of the Revised Code, the board of trustees of the	58940
district may let such contract to the lowest responsive and	58941
responsible bidder, in accordance with section 9.312 of the	58942
Revised Code, who meets the requirements of section 153.54 of the	58943
Revised Code. Such contract shall be in writing and shall be	58944
accompanied by or shall refer to plans and specifications for the	58945
work to be done. Such contract shall be approved by the board of	58946
trustees and signed by the president of the board and by the	58947
contractor.	58948

(B) On the first day of January of every even-numbered year,	58949
the chancellor of the board of regents shall adjust the ~~fifty~~two	58950
hundred thousand dollar contract limit set forth in division (A)	58951
of this section, as adjusted in any previous year pursuant to this	58952
division. The chancellor shall adjust the limit according to the	58953
average increase or decrease for each of the two years immediately	58954
preceding the adjustment as set forth in the United States	58955
department of commerce, bureau of economic analysis implicit price	58956
deflator for gross domestic product, nonresidential structures, or	58957
an alternative if the federal government ceases to publish this	58958
metric, provided that no increase or decrease for any year shall	58959
exceed three per cent of the contract limit in existence at the	58960
time of the adjustment. Notwithstanding division (A) of this	58961
section, the limit adjusted under this division shall be used	58962
thereafter in lieu of the limit in division (A) of this section.	58963

(C) Before entering into an improvement pursuant to division	58964
(A) of this section, and except for contracts made with a	58965
construction manager at risk, a design-build firm, or a general	58966
contracting firm, as those terms are defined in section 153.50 of	58967
the Revised Code, the board of trustees of a community college	58968
district shall require separate and distinct proposals to be made	58969
for furnishing materials or doing work on the improvement, or	58970
both, in the board's discretion, for each separate and distinct	58971
branch or class of work entering into the improvement. The board	58972
of trustees also may require a single, combined proposal for the	58973
entire project for materials or doing work, or both, in the	58974
board's discretion, that includes each separate and distinct	58975
branch or class of work entering into the improvement. ~~The board~~	58976
~~of trustees need not solicit separate proposals for a branch or~~	58977
~~class of work for an improvement if the estimate cost for that~~	58978
~~branch or class of work is less than five thousand dollars.~~	58979

(D) When more than one branch or class of work is required,	58980
no contract for the entire job, or for a greater portion thereof	58981
than is embraced in one such branch or class of work shall be	58982
awarded, unless the separate bids do not cover all the work and	58983
materials required or the bids for the whole or for two or more	58984
kinds of work or materials are lower than the separate bids in the	58985
aggregate. ~~The board of trustees need not award separate contracts~~	58986
~~for a branch or class of work entering into an improvement if the~~	58987
~~estimated cost for that branch or class of work is less than five~~	58988
~~thousand dollars.~~	58989

Sec. 3355.09. Upon receipt of a request from the university	58990
branch district managing authority, the boards of elections of the	58991
county or counties comprising such district shall place upon the	58992
ballot in the district at the next primary or general election	58993
occurring not less than ninety days after submission of such	58994
request by such managing authority, the question of levying a tax	58995
outside the ten-mill limitation, for a specified period of years,	58996
to provide funds for any of the following purposes:	58997

(A) Purchasing a site or enlargement thereof;

58998

(B) The erection and equipment of buildings;

58999

59000

(D) The acquisition, construction, or improvement of any	59001
property which the university branch district managing authority	59002
is authorized to acquire, construct, or improve and which has been	59003
certified by the fiscal officer to have an estimated useful life	59004
of five or more years.	59005

If a majority of the electors in such district voting on such	59006
question approve, the county auditor of the county or counties	59007
comprising such district shall annually place such levy on the tax	59008
duplicate in such district, in the amount set forth in the	59009
proposition approved by the electors.	59010

The managing authority of the university branch district	59011
shall establish a special fund pursuant to section 3355.07 of the	59012
Revised Code for all revenue derived from any tax levied pursuant	59013
to provisions of this section.	59014

The boards of election of the county or counties comprising	59015
the district shall cause to be published in a newspaper of general	59016
circulation in each such county an advertisement of the proposed	59017
tax levy question once a week for two consecutive weeks, or as	59018
provided in section 7.16 of the Revised Code, prior to the	59019
election at which the question is to appear on the ballot~~, and,~~	59020
if. If a board of elections operates and maintains a web site,	59021
that board also shall post ~~a similar~~the advertisement on its web	59022
site for thirty days prior to the election.	59023

After the approval of such levy by vote, the managing	59024
authority of the university branch district may anticipate a	59025
fraction of the proceeds of such levy and from time to time,	59026
during the life of such levy, issue anticipation notes in an	59027
amount not to exceed seventy-five per cent of the estimated	59028
proceeds of such levy to be collected in each year over a period	59029
of five years after the date of the issuance of such notes, less	59030
an amount equal to the proceeds of such levy previously obligated	59031
for such year by the issuance of anticipation notes, provided,	59032
that the total amount maturing in any one year shall not exceed	59033
seventy-five per cent of the anticipated proceeds of such levy for	59034
that year.	59035

Each issue of notes shall be sold as provided in Chapter 133.	59036
of the Revised Code and shall mature serially in substantially	59037
equal amounts, during each remaining year of the levy, not to	59038
exceed five, after their issuance.	59039

Sec. 3357.16. (A) When the board of trustees of a technical	59040
college district has by resolution determined to let by contract	59041
the work of improvements pursuant to the official plan of such	59042
district, contracts in amounts exceeding a dollar amount set by	59043
the board, which dollar amount shall not exceed ~~fifty~~two hundred	59044
thousand dollars, shall be advertised after notice calling for	59045
bids has been published once a week for three consecutive weeks or	59046
as provided in section 7.16 of the Revised Code, in ~~at least one~~a	59047
newspaper of general circulation within the technical college	59048
district where the work is to be done. The board of trustees of	59049
the technical college district may let such contract to the lowest	59050
responsive and responsible bidder, in accordance with section	59051
9.312 of the Revised Code, who meets the requirements of section	59052
153.54 of the Revised Code. Such contract shall be in writing and	59053
shall be accompanied by or shall refer to plans and specifications	59054
for the work to be done. Such contract shall be approved by the	59055
board of trustees and signed by the president of the board and by	59056
the contractor.	59057

(B) On the first day of January of every even-numbered year,	59058
the chancellor of the board of regents shall adjust the ~~fifty~~two	59059
hundred thousand dollar contract limit set forth in division (A)	59060
of this section, as adjusted in any previous year pursuant to this	59061
division. The chancellor shall adjust the limit according to the	59062
average increase or decrease for each of the two years immediately	59063
preceding the adjustment as set forth in the United States	59064
department of commerce, bureau of economic analysis implicit price	59065
deflator for gross domestic product, nonresidential structures, or	59066
an alternative if the federal government ceases to publish this	59067
metric, provided that no increase or decrease for any year shall	59068
exceed three per cent of the contract limit in existence at the	59069
time of the adjustment. Notwithstanding division (A) of this	59070
section, the limit adjusted under this division shall be used	59071
thereafter in lieu of the limit in division (A) of this section.	59072

(C) Before entering into an improvement pursuant to division	59073
(A) of this section, and except for contracts made with a	59074
construction manager at risk, a design-build firm, or a general	59075
contracting firm, as those terms are defined in section 153.50 of	59076
the Revised Code, the board of trustees of a technical college	59077
district shall require separate and distinct proposals to be made	59078
for furnishing materials or doing work on the improvement, or	59079
both, in the board's discretion, for each separate and distinct	59080
branch or class of work entering into the improvement. The board	59081
of trustees also may require a single, combined proposal for the	59082
entire project for materials or doing work, or both, in the	59083
board's discretion, that includes each separate and distinct	59084
branch or class of work entering into the improvement. ~~The board~~	59085
~~of trustees need not solicit separate proposals for a branch or~~	59086
~~class of work for an improvement if the estimate cost for that~~	59087
~~branch or class of work is less than five thousand dollars.~~	59088

(D) When more than one branch or class of work is required,	59089
no contract for the entire job, or for a greater portion thereof	59090
than is embraced in one such branch or class of work shall be	59091
awarded, unless the separate bids do not cover all the work and	59092
materials required or the bids for the whole or for two or more	59093
kinds of work or materials are lower than the separate bids in the	59094
aggregate. ~~The board of trustees need not award separate contracts~~	59095
~~for a branch or class of work entering into an improvement if the~~	59096
~~estimated cost for that branch or class of work is less than five~~	59097
~~thousand dollars.~~	59098

Sec. 3365.01. As used in this chapter:

59099

(A) "College" means any state-assisted college or university	59100
described in section 3333.041 of the Revised Code, any nonprofit	59101
institution holding a certificate of authorization pursuant to	59102
Chapter 1713. of the Revised Code, any private institution exempt	59103
from regulation under Chapter 3332. of the Revised Code as	59104
prescribed in section 3333.046 of the Revised Code, and any	59105
institution holding a certificate of registration from the state	59106
board of career colleges and schools and program authorization for	59107
an associate or bachelor's degree program issued under section	59108
3332.05 of the Revised Code.	59109

(B) "School district," except as specified in division (G) of	59110
this section, means any school district to which a student is	59111
admitted under section 3313.64, 3313.65, 3313.98, or 3317.08 of	59112
the Revised Code and does not include a joint vocational or	59113
cooperative education school district.	59114

(C) "Parent" has the same meaning as in section 3313.64 of	59115
the Revised Code.	59116

(D) "Participant" means a student enrolled in a college under	59117
the post-secondary enrollment options program established by this	59118
chapter.	59119

(E) "Secondary grade" means the ninth through twelfth grades.

59120

(F) "School foundation payments" means the amount required to	59121
be paid to a school district for a fiscal year under ~~Chapters~~	59122
~~3306. and~~Chapter 3317. of the Revised Code.	59123

(G) "Tuition base" means, with respect to a participant's	59124
school district, the sum of the formula amount plus the per pupil	59125
amount of the base funding supplements specified in divisions	59126
(C)(1) to (4) of section 3317.012 of the Revised Code for fiscal	59127
year 2009.	59128

The participant's "school district" in the case of a	59129
participant enrolled in a community school shall be the school	59130
district in which the student is entitled to attend school under	59131
section 3313.64 or 3313.65 of the Revised Code.	59132

(H) "Educational program" means enrollment in one or more	59133
school districts, in a nonpublic school, or in a college under	59134
division (B) of section 3365.04 of the Revised Code.	59135

(I) "Nonpublic school" means a chartered or nonchartered	59136
school for which minimum standards are prescribed by the state	59137
board of education pursuant to division (D) of section 3301.07 of	59138
the Revised Code.	59139

(J) "School year" means the year beginning on the first day	59140
of July and ending on the thirtieth day of June.	59141

(K) "Community school" means any school established pursuant	59142
to Chapter 3314. of the Revised Code that includes secondary	59143
grades.	59144

(L) "STEM school" means a science, technology, engineering,	59145
and mathematics school established under Chapter 3326. of the	59146
Revised Code.	59147

Sec. 3365.08. (A) A college that expects to receive or	59148
receives reimbursement under section 3365.07 of the Revised Code	59149
or through alternative funding agreements entered into under rules	59150
adopted under section 3365.12 of the Revised Code shall furnish to	59151
a participant all textbooks and materials directly related to a	59152
course taken by the participant under division (B) of section	59153
3365.04 of the Revised Code. No college shall charge such	59154
participant for tuition, textbooks, materials, or other fees	59155
directly related to any such course.	59156

(B) No student enrolled under this chapter in a course for	59157
which credit toward high school graduation is awarded shall	59158
receive direct financial aid through any state or federal program.	59159

(C) If a school district provides transportation for resident	59160
school students in grades eleven and twelve under section 3327.01	59161
of the Revised Code, a parent of a pupil enrolled in a course	59162
under division (A)(2) or (B) of section 3365.04 of the Revised	59163
Code may apply to the board of education for full or partial	59164
reimbursement for the necessary costs of transporting the student	59165
between the secondary school the student attends and the college	59166
in which the student is enrolled. Reimbursement may be paid solely	59167
from funds received by the district for pupil transportation under	59168
section ~~3306.12~~3317.0212 of the Revised Code or other provisions	59169
of law. The state board of education shall establish guidelines,	59170
based on financial need, under which a district may provide such	59171
reimbursement.	59172

(D) If a community school provides or arranges transportation	59173
for its pupils in grades nine through twelve under section	59174
3314.091 of the Revised Code, a parent of a pupil of the community	59175
school who is enrolled in a course under division (A)(2) or (B) of	59176
section 3365.04 of the Revised Code may apply to the governing	59177
authority of the community school for full or partial	59178
reimbursement of the necessary costs of transporting the student	59179
between the community school and the college. The governing	59180
authority may pay the reimbursement in accordance with the state	59181
board's rules adopted under division (C) of this section solely	59182
from funds paid to it under section 3314.091 of the Revised Code.	59183

Sec. 3375.41. When a board of library trustees appointed	59184
pursuant to section 3375.06, 3375.10, 3375.12, 3375.15, 3375.22,	59185
or 3375.30 of the Revised Code determines to construct, demolish,	59186
alter, repair, or reconstruct a library or make any improvements	59187
or repairs, the cost of which will exceed twenty-five thousand	59188
dollars, except in cases of urgent necessity or for the security	59189
and protection of library property, it shall proceed as follows:	59190

(A) The board shall advertise for a period of two weeks for	59191
sealed bids in ~~some~~a newspaper of general circulation in the	59192
district~~, and, if there are two such newspapers, the board shall~~	59193
~~advertise in both of them~~or as provided in section 7.16 of the	59194
Revised Code. If no newspaper has a general circulation in the	59195
district, the board shall post the advertisement in three public	59196
places in the district. The advertisement shall be entered in full	59197
by the fiscal officer on the record of proceedings of the board.	59198

(B) The sealed bids shall be filed with the fiscal officer by	59199
twelve noon of the last day stated in the advertisement.	59200

(C) The sealed bids shall be opened at the next meeting of	59201
the board, shall be publicly read by the fiscal officer, and shall	59202
be entered in full on the records of the board; provided that the	59203
board, by resolution, may provide for the public opening and	59204
reading of the bids by the fiscal officer, immediately after the	59205
time for their filing has expired, at the usual place of meeting	59206
of the board, and for the tabulation of the bids and a report of	59207
the tabulation to the board at its next meeting.	59208

(D) Each sealed bid shall contain the name of every person	59209
interested in it and shall meet the requirements of section 153.54	59210
of the Revised Code.	59211

(E) When both labor and materials are embraced in the work	59212
bid for, the board may require that each be separately stated in	59213
the sealed bid, with their price, or may require that bids be	59214
submitted without the separation.	59215

(F) None but the lowest responsible bid shall be accepted.	59216
The board may reject all the bids or accept any bid for both labor	59217
and material for the improvement or repair which is the lowest in	59218
the aggregate.	59219

(G) The contract shall be between the board and the bidders.	59220
The board shall pay the contract price for the work in cash at the	59221
times and in the amounts as provided by sections 153.12, 153.13,	59222
and 153.14 of the Revised Code.	59223

(H) When two or more bids are equal, in whole or in part, and	59224
are lower than any others, either may be accepted, but in no case	59225
shall the work be divided between these bidders.	59226

(I) When there is reason to believe there is collusion or	59227
combination among the bidders, the bids of those concerned in the	59228
collusion or combination shall be rejected.	59229

Sec. 3381.11. The board of trustees of a regional arts and	59230
cultural district or any officer or employee designated by such	59231
board may make any contract for the purchase of supplies or	59232
material or for labor for any work, under the supervision of the	59233
board, the cost of which shall not exceed ten thousand dollars.	59234
When an expenditure, other than for the acquisition of real	59235
estate, the discharge of noncontractual claims, personal services,	59236
or for the product or services of public utilities, exceeds ten	59237
thousand dollars, such expenditure shall be made only after a	59238
notice calling for bids has been published once a week for two	59239
consecutive weeks in ~~at least~~ one newspaper of general circulation	59240
within the territory of the district or as provided in section	59241
7.16 of the Revised Code. The board may then let said contract to	59242
the lowest and best bidder, who shall give a good and approved	59243
bond with ample security conditioned on the carrying out of the	59244
contract. Such contract shall be in writing and shall be	59245
accompanied by or shall refer to plans and specifications for the	59246
work to be done, approved by the board. The plans and	59247
specifications shall at all times be made and considered part of	59248
the contract. The contract shall be approved by the board and	59249
signed on behalf of the district and by the contractor. No sale of	59250
any real or personal property or a lease thereof having a term	59251
thereof in excess of five years shall be made except with the	59252
highest and best bidder after publication of notice for bids in	59253
the manner above provided.	59254

Competitive bidding under this section is not required when:

59255

(A) The board, by a two-thirds affirmative vote of its	59256
members, determines that a real and present emergency exists and	59257
such determination and the reasons therefor are entered in the	59258
proceedings of the board, when:	59259

(1) The estimated cost is less than fifteen thousand dollars;	59260
or	59261

(2) There is actual physical damage to structures or	59262
equipment.	59263

(B) Such purchase consists of supplies or a replacement or	59264
supplemental part or parts for a product or equipment owned or	59265
leased by the district and the only source of supply for such	59266
supplies, part, or parts is limited to a single supplier;	59267

(C) The lease is a renewal of a lease for electronic data	59268
processing equipment, services, or systems;	59269

(D) Services or supplies are available from a qualified	59270
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the	59271
Revised Code;	59272

(E) With respect to any contract, agreement, or lease by a	59273
district with any arts or cultural organization or any	59274
governmental body or agency.	59275

Sec. 3501.03. At least ten days before the time for holding	59276
an election the board of elections shall give public notice by a	59277
proclamation, posted in a conspicuous place in the courthouse and	59278
city hall, or by one insertion in a newspaper ~~published~~of general	59279
circulation in the county~~, but if no newspaper is published in~~	59280
~~such county, then in a newspaper of general circulation therein~~.	59281

The board shall have authority to publicize information	59282
relative to registration or elections.	59283

Sec. 3501.17. (A) The expenses of the board of elections	59284
shall be paid from the county treasury, in pursuance of	59285
appropriations by the board of county commissioners, in the same	59286
manner as other county expenses are paid. If the board of county	59287
commissioners fails to appropriate an amount sufficient to provide	59288
for the necessary and proper expenses of the board of elections	59289
pertaining to the conduct of elections, the board of elections may	59290
apply to the court of common pleas within the county, which shall	59291
fix the amount necessary to be appropriated and the amount shall	59292
be appropriated. Payments shall be made upon vouchers of the board	59293
of elections certified to by its chairperson or acting chairperson	59294
and the director or deputy director, upon warrants of the county	59295
auditor.	59296

The board of elections shall not incur any obligation	59297
involving the expenditure of money unless there are moneys	59298
sufficient in the funds appropriated therefor to meet the	59299
obligation. If the board of elections requests a transfer of funds	59300
from one of its appropriation items to another, the board of	59301
county commissioners shall adopt a resolution providing for the	59302
transfer except as otherwise provided in section 5705.40 of the	59303
Revised Code. The expenses of the board of elections shall be	59304
apportioned among the county and the various subdivisions as	59305
provided in this section, and the amount chargeable to each	59306
subdivision shall be withheld by the county auditor from the	59307
moneys payable thereto at the time of the next tax settlement. At	59308
the time of submitting budget estimates in each year, the board of	59309
elections shall submit to the taxing authority of each	59310
subdivision, upon the request of the subdivision, an estimate of	59311
the amount to be withheld from the subdivision during the next	59312
fiscal year.	59313

A board of township trustees may, by resolution, request that	59314
the county auditor withhold expenses charged to the township from	59315
a specified township fund that is to be credited with revenue at a	59316
tax settlement. The resolution shall specify the tax levy ballot	59317
issue, the date of the election on the levy issue, and the	59318
township fund from which the expenses the board of elections	59319
incurs related to that ballot issue shall be withheld.	59320

(B) Except as otherwise provided in division (F) of this	59321
section, the compensation of the members of the board of elections	59322
and of the director, deputy director, and regular employees in the	59323
board's offices, other than compensation for overtime worked; the	59324
expenditures for the rental, furnishing, and equipping of the	59325
office of the board and for the necessary office supplies for the	59326
use of the board; the expenditures for the acquisition, repair,	59327
care, and custody of the polling places, booths, guardrails, and	59328
other equipment for polling places; the cost of tally sheets,	59329
maps, flags, ballot boxes, and all other permanent records and	59330
equipment; the cost of all elections held in and for the state and	59331
county; and all other expenses of the board which are not	59332
chargeable to a political subdivision in accordance with this	59333
section shall be paid in the same manner as other county expenses	59334
are paid.	59335

(C) The compensation of judges of elections and intermittent	59336
employees in the board's offices; the cost of renting, moving,	59337
heating, and lighting polling places and of placing and removing	59338
ballot boxes and other fixtures and equipment thereof, including	59339
voting machines, marking devices, and automatic tabulating	59340
equipment; the cost of printing and delivering ballots, cards of	59341
instructions, registration lists required under section 3503.23 of	59342
the Revised Code, and other election supplies, including the	59343
supplies required to comply with division (H) of section 3506.01	59344
of the Revised Code; the cost of contractors engaged by the board	59345
to prepare, program, test, and operate voting machines, marking	59346
devices, and automatic tabulating equipment; and all other	59347
expenses of conducting primaries and elections in the odd-numbered	59348
years shall be charged to the subdivisions in and for which such	59349
primaries or elections are held. The charge for each primary or	59350
general election in odd-numbered years for each subdivision shall	59351
be determined in the following manner: first, the total cost of	59352
all chargeable items used in conducting such elections shall be	59353
ascertained; second, the total charge shall be divided by the	59354
number of precincts participating in such election, in order to	59355
fix the cost per precinct; third, the cost per precinct shall be	59356
prorated by the board of elections to the subdivisions conducting	59357
elections for the nomination or election of offices in such	59358
precinct; fourth, the total cost for each subdivision shall be	59359
determined by adding the charges prorated to it in each precinct	59360
within the subdivision.	59361

(D) The entire cost of special elections held on a day other	59362
than the day of a primary or general election, both in	59363
odd-numbered or in even-numbered years, shall be charged to the	59364
subdivision. Where a special election is held on the same day as a	59365
primary or general election in an even-numbered year, the	59366
subdivision submitting the special election shall be charged only	59367
for the cost of ballots and advertising. Where a special election	59368
is held on the same day as a primary or general election in an	59369
odd-numbered year, the subdivision submitting the special election	59370
shall be charged for the cost of ballots and advertising for such	59371
special election, in addition to the charges prorated to such	59372
subdivision for the election or nomination of candidates in each	59373
precinct within the subdivision, as set forth in the preceding	59374
paragraph.	59375

(E) Where a special election is held on the day specified by	59376
division (E) of section 3501.01 of the Revised Code for the	59377
holding of a primary election, for the purpose of submitting to	59378
the voters of the state constitutional amendments proposed by the	59379
general assembly, and a subdivision conducts a special election on	59380
the same day, the entire cost of the special election shall be	59381
divided proportionally between the state and the subdivision based	59382
upon a ratio determined by the number of issues placed on the	59383
ballot by each, except as otherwise provided in division (G) of	59384
this section. Such proportional division of cost shall be made	59385
only to the extent funds are available for such purpose from	59386
amounts appropriated by the general assembly to the secretary of	59387
state. If a primary election is also being conducted in the	59388
subdivision, the costs shall be apportioned as otherwise provided	59389
in this section.	59390

(F) When a precinct is open during a general, primary, or	59391
special election solely for the purpose of submitting to the	59392
voters a statewide ballot issue, the state shall bear the entire	59393
cost of the election in that precinct and shall reimburse the	59394
county for all expenses incurred in opening the precinct.	59395

(G)(1) The state shall bear the entire cost of advertising in	59396
newspapers statewide ballot issues, explanations of those issues,	59397
and arguments for or against those issues, as required by Section	59398
1g of Article II and Section 1 of Article XVI, Ohio Constitution,	59399
and any other section of law. Appropriations made to the	59400
controlling board shall be used to reimburse the secretary of	59401
state for all expenses the secretary of state incurs for such	59402
advertising under division (G) of section 3505.062 of the Revised	59403
Code.	59404

(2) There is hereby created in the state treasury the	59405
statewide ballot advertising fund. The fund shall receive	59406
transfers approved by the controlling board, and shall be used by	59407
the secretary of state to pay the costs of advertising state	59408
ballot issues as required under division (G)(1) of this section.	59409
Any such transfers may be requested from and approved by the	59410
controlling board prior to placing the advertising, in order to	59411
facilitate timely provision of the required advertising.	59412

(H) The cost of renting, heating, and lighting registration	59413
places; the cost of the necessary books, forms, and supplies for	59414
the conduct of registration; and the cost of printing and posting	59415
precinct registration lists shall be charged to the subdivision in	59416
which such registration is held.	59417

(I) At the request of a majority of the members of the board	59418
of elections, the board of county commissioners may, by	59419
resolution, establish an elections revenue fund. Except as	59420
otherwise provided in this division, the purpose of the fund shall	59421
be to accumulate revenue withheld by or paid to the county under	59422
this section for the payment of any expense related to the duties	59423
of the board of elections specified in section 3501.11 of the	59424
Revised Code, upon approval of a majority of the members of the	59425
board of elections. The fund shall not accumulate any revenue	59426
withheld by or paid to the county under this section for the	59427
compensation of the members of the board of elections or of the	59428
director, deputy director, or other regular employees in the	59429
board's offices, other than compensation for overtime worked.	59430

Notwithstanding sections 5705.14, 5705.15, and 5705.16 of the	59431
Revised Code, the board of county commissioners may, by	59432
resolution, transfer money to the elections revenue fund from any	59433
other fund of the political subdivision from which such payments	59434
lawfully may be made. Following an affirmative vote of a majority	59435
of the members of the board of elections, the board of county	59436
commissioners may, by resolution, rescind an elections revenue	59437
fund established under this division. If an elections revenue fund	59438
is rescinded, money that has accumulated in the fund shall be	59439
transferred to the county general fund.	59440

(J) As used in this section:

59441

(1) "Political subdivision" and "subdivision" mean any board	59442
of county commissioners, board of township trustees, legislative	59443
authority of a municipal corporation, board of education, or any	59444
other board, commission, district, or authority that is empowered	59445
to levy taxes or permitted to receive the proceeds of a tax levy,	59446
regardless of whether the entity receives tax settlement moneys as	59447
described in division (A) of this section;	59448

(2) "Statewide ballot issue" means any ballot issue, whether	59449
proposed by the general assembly or by initiative or referendum,	59450
that is submitted to the voters throughout the state.	59451

Sec. 3505.13. A contract for the printing of ballots	59452
involving a cost in excess of ten thousand dollars shall not be	59453
let until after five days' notice published once in a ~~leading~~	59454
newspaper ~~published~~of general circulation in the county or upon	59455
notice given by mail by the board of elections, addressed to the	59456
responsible printing offices within the state. Except as otherwise	59457
provided in this section, each bid for such printing must be	59458
accompanied by a bond with at least two sureties, or a surety	59459
company, satisfactory to the board, in a sum double the amount of	59460
the bid, conditioned upon the faithful performance of the contract	59461
for such printing as is awarded and for the payment as damages by	59462
such bidder to the board of any excess of cost over the bid which	59463
it may be obliged to pay for such work by reason of the failure of	59464
the bidder to complete the contract. No bid unaccompanied by such	59465
bond shall be considered by the board. The board may, however,	59466
waive the requirement that each bid be accompanied by a bond if	59467
the cost of the contract is ten thousand dollars or less. The	59468
contract shall be let to the lowest responsible bidder in the	59469
state. All ballots shall be printed within the state.	59470

Sec. 3506.05. (A) As used in this section, except when used	59471
as part of the phrase "tabulating equipment" or "automatic	59472
tabulating equipment":	59473

(1) "Equipment" means a voting machine, marking device,	59474
automatic tabulating equipment, or software.	59475

(2) "Vendor" means the person that owns, manufactures,	59476
distributes, or has the legal right to control the use of	59477
equipment, or the person's agent.	59478

(B) No voting machine, marking device, automatic tabulating	59479
equipment, or software for the purpose of casting or tabulating	59480
votes or for communications among systems involved in the	59481
tabulation, storage, or casting of votes shall be purchased,	59482
leased, put in use, or continued to be used, except for	59483
experimental use as provided in division (B) of section 3506.04 of	59484
the Revised Code, unless it, a manual of procedures governing its	59485
use, and training materials, service, and other support	59486
arrangements have been certified by the secretary of state and	59487
unless the board of elections of each county where the equipment	59488
will be used has assured that a demonstration of the use of the	59489
equipment has been made available to all interested electors. The	59490
secretary of state shall appoint a board of voting machine	59491
examiners to examine and approve equipment and its related manuals	59492
and support arrangements. The board shall consist of four members,	59493
who shall be appointed as follows:	59494

(1) Two members appointed by the secretary of state.

59495

(2) One member appointed by either the speaker of the house	59496
of representatives or the minority leader of the house of	59497
representatives, whichever is a member of the opposite political	59498
party from the one to which the secretary of state belongs.	59499

(3) One member appointed by either the president of the	59500
senate or the minority leader of the senate, whichever is a member	59501
of the opposite political party from the one to which the	59502
secretary of state belongs.	59503

In all cases of a tie vote or a disagreement in the board, if	59504
no decision can be arrived at, the board shall submit the matter	59505
in controversy to the secretary of state, who shall summarily	59506
decide the question, and the secretary of state's decision shall	59507
be final. Each member of the board shall be a competent and	59508
experienced election officer or a person who is knowledgeable	59509
about the operation of voting equipment and shall serve during the	59510
secretary of state's term. Any vacancy on the board shall be	59511
filled in the same manner as the original appointment. The	59512
secretary of state shall provide staffing assistance to the board,	59513
at the board's request.	59514

For the member's service, each member of the board shall	59515
receive three hundred dollars per day for each combination of	59516
marking device, tabulating equipment, and voting machine examined	59517
and reported, but in no event shall a member receive more than six	59518
hundred dollars to examine and report on any one marking device,	59519
item of tabulating equipment, or voting machine. Each member of	59520
the board shall be reimbursed for expenses the member incurs	59521
during an examination or during the performance of any related	59522
duties that may be required by the secretary of state.	59523
Reimbursement of these expenses shall be made in accordance with,	59524
and shall not exceed, the rates provided for under section 126.31	59525
of the Revised Code.	59526

Neither the secretary of state nor the board, nor any public	59527
officer who participates in the authorization, examination,	59528
testing, or purchase of equipment, shall have any pecuniary	59529
interest in the equipment or any affiliation with the vendor.	59530

(C)(1) A vendor who desires to have the secretary of state	59531
certify equipment shall first submit the equipment, all current	59532
related procedural manuals, and a current description of all	59533
related support arrangements to the board of voting machine	59534
examiners for examination, testing, and approval. The submission	59535
shall be accompanied by a fee of ~~eighteen~~two thousand four	59536
hundred dollars and a detailed explanation of the construction and	59537
method of operation of the equipment, a full statement of its	59538
advantages, and a list of the patents and copyrights used in	59539
operations essential to the processes of vote recording and	59540
tabulating, vote storage, system security, and other crucial	59541
operations of the equipment as may be determined by the board. An	59542
additional fee, in an amount to be set by rules promulgated by the	59543
board, may be imposed to pay for the costs of alternative testing	59544
or testing by persons other than board members, record-keeping,	59545
and other extraordinary costs incurred in the examination process.	59546
Moneys not used shall be returned to the person or entity	59547
submitting the equipment for examination.	59548

(2) Fees collected by the secretary of state under this	59549
section shall be deposited into the state treasury to the credit	59550
of the board of voting machine examiners fund, which is hereby	59551
created. All moneys credited to this fund shall be used solely for	59552
the purpose of paying for the services and expenses of each member	59553
of the board or for other expenses incurred relating to the	59554
examination, testing, reporting, or certification of voting	59555
machine devices, the performance of any related duties as required	59556
by the secretary of state, or the reimbursement of any person	59557
submitting an examination fee as provided in this chapter.	59558

(D) Within sixty days after the submission of the equipment	59559
and payment of the fee, or as soon thereafter as is reasonably	59560
practicable, but in any event within not more than ninety days	59561
after the submission and payment, the board of voting machine	59562
examiners shall examine the equipment and file with the secretary	59563
of state a written report on the equipment with its	59564
recommendations and its determination or condition of approval	59565
regarding whether the equipment, manual, and other related	59566
materials or arrangements meet the criteria set forth in sections	59567
3506.07 and 3506.10 of the Revised Code and can be safely used by	59568
the voters at elections under the conditions prescribed in Title	59569
XXXV of the Revised Code, or a written statement of reasons for	59570
which testing requires a longer period. The board may grant	59571
temporary approval for the purpose of allowing experimental use of	59572
equipment. If the board finds that the equipment meets the	59573
criteria set forth in sections 3506.06, 3506.07, and 3506.10 of	59574
the Revised Code, can be used safely and can be depended upon to	59575
record and count accurately and continuously the votes of	59576
electors, and has the capacity to be warranted, maintained, and	59577
serviced, it shall approve the equipment and recommend that the	59578
secretary of state certify the equipment. The secretary of state	59579
shall notify all boards of elections of any such certification.	59580
Equipment of the same model and make, if it provides for recording	59581
of voter intent, system security, voter privacy, retention of	59582
vote, and communication of voting records in an identical manner,	59583
may then be adopted for use at elections.	59584

(E) The vendor shall notify the secretary of state, who shall	59585
then notify the board of voting machine examiners, of any	59586
enhancement and any significant adjustment to the hardware or	59587
software that could result in a patent or copyright change or that	59588
significantly alters the methods of recording voter intent, system	59589
security, voter privacy, retention of the vote, communication of	59590
voting records, and connections between the system and other	59591
systems. The vendor shall provide the secretary of state with an	59592
updated operations manual for the equipment, and the secretary of	59593
state shall forward the manual to the board. Upon receiving such a	59594
notification and manual, the board may require the vendor to	59595
submit the equipment to an examination and test in order for the	59596
equipment to remain certified. The board or the secretary of state	59597
shall periodically examine, test, and inspect certified equipment	59598
to determine continued compliance with the requirements of this	59599
chapter and the initial certification. Any examination, test, or	59600
inspection conducted for the purpose of continuing certification	59601
of any equipment in which a significant problem has been uncovered	59602
or in which a record of continuing problems exists shall be	59603
performed pursuant to divisions (C) and (D) of this section, in	59604
the same manner as the examination, test, or inspection is	59605
performed for initial approval and certification.	59606

(F) If, at any time after the certification of equipment, the	59607
board of voting machine examiners or the secretary of state is	59608
notified by a board of elections of any significant problem with	59609
the equipment or determines that the equipment fails to meet the	59610
requirements necessary for approval or continued compliance with	59611
the requirements of this chapter, or if the board of voting	59612
machine examiners determines that there are significant	59613
enhancements or adjustments to the hardware or software, or if	59614
notice of such enhancements or adjustments has not been given as	59615
required by division (E) of this section, the secretary of state	59616
shall notify the users and vendors of that equipment that	59617
certification of the equipment may be withdrawn.	59618

(G)(1) The notice given by the secretary of state under	59619
division (F) of this section shall be in writing and shall specify	59620
both of the following:	59621

(a) The reasons why the certification may be withdrawn;

59622

(b) The date on which certification will be withdrawn unless	59623
the vendor takes satisfactory corrective measures or explains why	59624
there are no problems with the equipment or why the enhancements	59625
or adjustments to the equipment are not significant.	59626

(2) A vendor who receives a notice under division (F) of this	59627
section shall, within thirty days after receiving it, submit to	59628
the board of voting machine examiners in writing a description of	59629
the corrective measures taken and the date on which they were	59630
taken, or the explanation required under division (G)(1)(b) of	59631
this section.	59632

(3) Not later than fifteen days after receiving a written	59633
description or explanation under division (G)(2) of this section	59634
from a vendor, the board shall determine whether the corrective	59635
measures taken or the explanation is satisfactory to allow	59636
continued certification of the equipment, and the secretary of	59637
state shall send the vendor a written notice of the board's	59638
determination, specifying the reasons for it. If the board has	59639
determined that the measures taken or the explanation given is	59640
unsatisfactory, the notice shall include the effective date of	59641
withdrawal of the certification. This date may be different from	59642
the date originally specified in division (G)(1)(b) of this	59643
section.	59644

(4) A vendor who receives a notice under division (G)(3) of	59645
this section indicating a decision to withdraw certification may,	59646
within thirty days after receiving it, request in writing that the	59647
board hold a hearing to reconsider its decision. Any interested	59648
party shall be given the opportunity to submit testimony or	59649
documentation in support of or in opposition to the board's	59650
recommendation to withdraw certification. Failure of the vendor to	59651
take appropriate steps as described in division (G)(1)(b) or to	59652
comply with division (G)(2) of this section results in a waiver of	59653
the vendor's rights under division (G)(4) of this section.	59654

(H)(1) The secretary of state, in consultation with the board	59655
of voting machine examiners, shall establish, by rule, guidelines	59656
for the approval, certification, and continued certification of	59657
the voting machines, marking devices, and tabulating equipment to	59658
be used under Title XXXV of the Revised Code. The guidelines shall	59659
establish procedures requiring vendors or computer software	59660
developers to place in escrow with an independent escrow agent	59661
approved by the secretary of state a copy of all source code and	59662
related documentation, together with periodic updates as they	59663
become known or available. The secretary of state shall require	59664
that the documentation include a system configuration and that the	59665
source code include all relevant program statements in low- or	59666
high-level languages. As used in this division, "source code" does	59667
not include variable codes created for specific elections.	59668

(2) Nothing in any rule adopted under division (H) of this	59669
section shall be construed to limit the ability of the secretary	59670
of state to follow or adopt, or to preclude the secretary of state	59671
from following or adopting, any guidelines proposed by the federal	59672
election commission, any entity authorized by the federal election	59673
commission to propose guidelines, the election assistance	59674
commission, or any entity authorized by the election assistance	59675
commission to propose guidelines.	59676

(3)(a) Before the initial certification of any direct	59677
recording electronic voting machine with a voter verified paper	59678
audit trail, and as a condition for the continued certification	59679
and use of those machines, the secretary of state shall establish,	59680
by rule, standards for the certification of those machines. Those	59681
standards shall include, but are not limited to, all of the	59682
following:	59683

(i) A definition of a voter verified paper audit trail as a	59684
paper record of the voter's choices that is verified by the voter	59685
prior to the casting of the voter's ballot and that is securely	59686
retained by the board of elections;	59687

(ii) Requirements that the voter verified paper audit trail	59688
shall not be retained by any voter and shall not contain	59689
individual voter information;	59690

(iii) A prohibition against the production by any direct	59691
recording electronic voting machine of anything that legally could	59692
be removed by the voter from the polling place, such as a receipt	59693
or voter confirmation;	59694

(iv) A requirement that paper used in producing a voter	59695
verified paper audit trail be sturdy, clean, and resistant to	59696
degradation;	59697

(v) A requirement that the voter verified paper audit trail	59698
shall be capable of being optically scanned for the purpose of	59699
conducting a recount or other audit of the voting machine and	59700
shall be readable in a manner that makes the voter's ballot	59701
choices obvious to the voter without the use of computer or	59702
electronic codes;	59703

(vi) A requirement, for office-type ballots, that the voter	59704
verified paper audit trail include the name of each candidate	59705
selected by the voter;	59706

(vii) A requirement, for questions and issues ballots, that	59707
the voter verified paper audit trail include the title of the	59708
question or issue, the name of the entity that placed the question	59709
or issue on the ballot, and the voter's ballot selection on that	59710
question or issue, but not the entire text of the question or	59711
issue.	59712

(b) The secretary of state, by rule adopted under Chapter	59713
119. of the Revised Code, may waive the requirement under division	59714
(H)(3)(a)(v) of this section, if the secretary of state determines	59715
that the requirement is cost prohibitive.	59716

(4)(a) Except as otherwise provided in division (H)(4)(c) of	59717
this section, any voting machine, marking device, or automatic	59718
tabulating equipment initially certified or acquired on or after	59719
December 1, 2008, shall have the most recent federal certification	59720
number issued by the election assistance commission.	59721

(b) Any voting machine, marking device, or automatic	59722
tabulating equipment certified for use in this state on ~~the~~	59723
~~effective date of this amendment~~September 12, 2008, shall meet,	59724
as a condition of continued certification and use, the voting	59725
system standards adopted by the federal election commission in	59726
2002.	59727

(c) A county that acquires additional voting machines,	59728
marking devices, or automatic tabulating equipment on or after	59729
December 1, 2008, shall not be considered to have acquired those	59730
machines, devices, or equipment on or after December 1, 2008, for	59731
the purpose of division (H)(4)(a) of this section if all of the	59732
following apply:	59733

(i) The voting machines, marking devices, or automatic	59734
tabulating equipment acquired are the same as the machines,	59735
devices, or equipment currently used in that county.	59736

(ii) The acquisition of the voting machines, marking devices,	59737
or automatic tabulating equipment does not replace or change the	59738
primary voting system used in that county.	59739

(iii) The acquisition of the voting machines, marking	59740
devices, or automatic tabulating equipment is for the purpose of	59741
replacing inoperable machines, devices, or equipment or for the	59742
purpose providing additional machines, devices, or equipment	59743
required to meet the allocation requirements established pursuant	59744
to division (I) of section 3501.11 of the Revised Code.	59745

Sec. 3521.04. Notwithstanding any provision of section	59746
109.02 of the Revised Code to the contrary, the speaker of the	59747
house of representatives and the president of the senate jointly	59748
may choose to have the general assembly represented by either the	59749
attorney general or by private legal counsel in regard to any	59750
lawsuit challenging the constitutionality or legality of	59751
congressional districts established under this chapter.	59752

Sec. 3701.021. (A) The public health council shall adopt, in	59753
accordance with Chapter 119. of the Revised Code, such rules as	59754
are necessary to carry out sections 3701.021 to 3701.0210 of the	59755
Revised Code, including, but not limited to, rules to establish	59756
the following:	59757

(1) Medical and financial eligibility requirements for the	59758
program for medically handicapped children;	59759

(2) Eligibility requirements for providers of services for	59760
medically handicapped children;	59761

(3) Procedures to be followed by the department of health in	59762
disqualifying providers for violating requirements adopted under	59763
division (A)(2) of this section;	59764

(4) Procedures to be used by the department regarding	59765
application for diagnostic services under division (B) of section	59766
3701.023 of the Revised Code and payment for those services under	59767
division (E) of that section;	59768

(5) Standards for the provision of service coordination by	59769
the department of health and city and general health districts;	59770

(6) Procedures for the department to use to determine the	59771
amount to be paid annually by each county for services for	59772
medically handicapped children and to allow counties to retain	59773
funds under divisions (A)(2) and (3) of section 3701.024 of the	59774
Revised Code;	59775

(7) Financial eligibility requirements for services for Ohio	59776
residents twenty-one years of age or older who have cystic	59777
fibrosis;	59778

(8) Criteria for payment of approved providers who provide	59779
services for medically handicapped children;	59780

(9) Criteria for the department to use in determining whether	59781
the payment of health insurance premiums of participants in the	59782
program for medically handicapped children is cost-effective;	59783

(10) Procedures for appeal of denials of applications under	59784
divisions (A) and (D) of section 3701.023 of the Revised Code,	59785
disqualification of providers, and amounts paid for services;	59786

(11) Terms of appointment for members of the medically	59787
handicapped children's medical advisory council created in section	59788
3701.025 of the Revised Code;	59789

(12) Eligibility requirements for the hemophilia program,	59790
including income and hardship requirements;	59791

(13) If a manufacturer rebate or discount program is	59792
established under division (J) of section 3701.023 of the Revised	59793
Code, procedures for administering the program, including criteria	59794
and other requirements for participation in the program by	59795
manufacturers of drugs and nutritional formulas.	59796

(B) The department of health shall develop a manual of	59797
operational procedures and guidelines for the program for	59798
medically handicapped children to implement sections 3701.021 to	59799
3701.0210 of the Revised Code.	59800

Sec. 3701.023. (A) The department of health shall review	59801
applications for eligibility for the program for medically	59802
handicapped children that are submitted to the department by city	59803
and general health districts and physician providers approved in	59804
accordance with division (C) of this section. The department shall	59805
determine whether the applicants meet the medical and financial	59806
eligibility requirements established by the public health council	59807
pursuant to division (A)(1) of section 3701.021 of the Revised	59808
Code, and by the department in the manual of operational	59809
procedures and guidelines for the program for medically	59810
handicapped children developed pursuant to division (B) of that	59811
section. Referrals of potentially eligible children for the	59812
program may be submitted to the department on behalf of the child	59813
by parents, guardians, public health nurses, or any other	59814
interested person. The department of health may designate other	59815
agencies to refer applicants to the department of health.	59816

(B) In accordance with the procedures established in rules	59817
adopted under division (A)(4) of section 3701.021 of the Revised	59818
Code, the department of health shall authorize a provider or	59819
providers to provide to any Ohio resident under twenty-one years	59820
of age, without charge to the resident or the resident's family	59821
and without restriction as to the economic status of the resident	59822
or the resident's family, diagnostic services necessary to	59823
determine whether the resident has a medically handicapping or	59824
potentially medically handicapping condition.	59825

(C) The department of health shall review the applications of	59826
health professionals, hospitals, medical equipment suppliers, and	59827
other individuals, groups, or agencies that apply to become	59828
providers. The department shall enter into a written agreement	59829
with each applicant who is determined, pursuant to the	59830
requirements set forth in rules adopted under division (A)(2) of	59831
section 3701.021 of the Revised Code, to be eligible to be a	59832
provider in accordance with the provider agreement required by the	59833
medical assistance program established under section 5111.01 of	59834
the Revised Code. No provider shall charge a medically handicapped	59835
child or the child's parent or guardian for services authorized by	59836
the department under division (B) or (D) of this section.	59837

The department, in accordance with rules adopted under	59838
division (A)(3) of section 3701.021 of the Revised Code, may	59839
disqualify any provider from further participation in the program	59840
for violating any requirement set forth in rules adopted under	59841
division (A)(2) of that section. The disqualification shall not	59842
take effect until a written notice, specifying the requirement	59843
violated and describing the nature of the violation, has been	59844
delivered to the provider and the department has afforded the	59845
provider an opportunity to appeal the disqualification under	59846
division (H) of this section.	59847

(D) The department of health shall evaluate applications from	59848
city and general health districts and approved physician providers	59849
for authorization to provide treatment services, service	59850
coordination, and related goods to children determined to be	59851
eligible for the program for medically handicapped children	59852
pursuant to division (A) of this section. The department shall	59853
authorize necessary treatment services, service coordination, and	59854
related goods for each eligible child in accordance with an	59855
individual plan of treatment for the child. As an alternative, the	59856
department may authorize payment of health insurance premiums on	59857
behalf of eligible children when the department determines, in	59858
accordance with criteria set forth in rules adopted under division	59859
(A)(9) of section 3701.021 of the Revised Code, that payment of	59860
the premiums is cost-effective.	59861

(E) The department of health shall pay, from appropriations	59862
to the department, any necessary expenses, including but not	59863
limited to, expenses for diagnosis, treatment, service	59864
coordination, supportive services, transportation, and accessories	59865
and their upkeep, provided to medically handicapped children,	59866
provided that the provision of the goods or services is authorized	59867
by the department under division (B) or (D) of this section. Money	59868
appropriated to the department of health may also be expended for	59869
reasonable administrative costs incurred by the program. The	59870
department of health also may purchase liability insurance	59871
covering the provision of services under the program for medically	59872
handicapped children by physicians and other health care	59873
professionals.	59874

Payments made to providers by the department of health	59875
pursuant to this division for inpatient hospital care, outpatient	59876
care, and all other medical assistance furnished to eligible	59877
recipients shall be made in accordance with rules adopted by the	59878
public health council pursuant to division (A) of section 3701.021	59879
of the Revised Code.	59880

The departments of health and job and family services shall	59881
jointly implement procedures to ensure that duplicate payments are	59882
not made under the program for medically handicapped children and	59883
the medical assistance program established under section 5111.01	59884
of the Revised Code and to identify and recover duplicate	59885
payments.	59886

(F) At the time of applying for participation in the program	59887
for medically handicapped children, a medically handicapped child	59888
or the child's parent or guardian shall disclose the identity of	59889
any third party against whom the child or the child's parent or	59890
guardian has or may have a right of recovery for goods and	59891
services provided under division (B) or (D) of this section. The	59892
department of health shall require a medically handicapped child	59893
who receives services from the program or the child's parent or	59894
guardian to apply for all third-party benefits for which the child	59895
may be eligible and require the child, parent, or guardian to	59896
apply all third-party benefits received to the amount determined	59897
under division (E) of this section as the amount payable for goods	59898
and services authorized under division (B) or (D) of this section.	59899
The department is the payer of last resort and shall pay for	59900
authorized goods or services, up to the amount determined under	59901
division (E) of this section for the authorized goods or services,	59902
only to the extent that payment for the authorized goods or	59903
services is not made through third-party benefits. When a third	59904
party fails to act on an application or claim for benefits by a	59905
medically handicapped child or the child's parent or guardian, the	59906
department shall pay for the goods or services only after ninety	59907
days have elapsed since the date the child, parents, or guardians	59908
made an application or claim for all third-party benefits.	59909
Third-party benefits received shall be applied to the amount	59910
determined under division (E) of this section. Third-party	59911
payments for goods and services not authorized under division (B)	59912
or (D) of this section shall not be applied to payment amounts	59913
determined under division (E) of this section. Payment made by the	59914
department shall be considered payment in full of the amount	59915
determined under division (E) of this section. Medicaid payments	59916
for persons eligible for the medical assistance program	59917
established under section 5111.01 of the Revised Code shall be	59918
considered payment in full of the amount determined under division	59919
(E) of this section.	59920

(G) The department of health shall administer a program to	59921
provide services to Ohio residents who are twenty-one or more	59922
years of age who have cystic fibrosis and who meet the eligibility	59923
requirements established by the rules of the public health council	59924
pursuant to division (A)(7) of section 3701.021 of the Revised	59925
Code, subject to all provisions of this section, but not subject	59926
to section 3701.024 of the Revised Code.	59927

(H) The department of health shall provide for appeals, in	59928
accordance with rules adopted under section 3701.021 of the	59929
Revised Code, of denials of applications for the program for	59930
medically handicapped children under division (A) or (D) of this	59931
section, disqualification of providers, or amounts paid under	59932
division (E) of this section. Appeals under this division are not	59933
subject to Chapter 119. of the Revised Code.	59934

The department may designate ombudspersons to assist	59935
medically handicapped children or their parents or guardians, upon	59936
the request of the children, parents, or guardians, in filing	59937
appeals under this division and to serve as children's, parents',	59938
or guardians' advocates in matters pertaining to the	59939
administration of the program for medically handicapped children	59940
and eligibility for program services. The ombudspersons shall	59941
receive no compensation but shall be reimbursed by the department,	59942
in accordance with rules of the office of budget and management,	59943
for their actual and necessary travel expenses incurred in the	59944
performance of their duties.	59945

(I) The department of health, and city and general health	59946
districts providing service coordination pursuant to division	59947
(A)(2) of section 3701.024 of the Revised Code, shall provide	59948
service coordination in accordance with the standards set forth in	59949
the rules adopted under section 3701.021 of the Revised Code,	59950
without charge, and without restriction as to economic status.	59951

(J) The department of health may establish a manufacturer	59952
rebate or discount program under which it requires a manufacturer	59953
of a drug or nutritional formula to enter into a rebate or	59954
discount agreement with the department as a condition of having	59955
the drug or nutritional formula covered by the programs	59956
administered by the department's bureau for children with medical	59957
handicaps. The program shall be administered in accordance with	59958
rules adopted under section 3701.021 of the Revised Code.	59959

When entering into a rebate or discount agreement under the	59960
program, the manufacturer and the department shall negotiate the	59961
amount of the rebate or discount. A rebate shall consist of a	59962
refund of a portion of the price of a drug or nutritional formula.	59963

Sec. 3701.0211. For each year that federal funds are made	59964
available to states under Title V of the "Social Security Act,"	59965
124 Stat. 352 (2010), 42 U.S.C. 710, as amended, for use in	59966
providing abstinence education, the director of health shall	59967
submit to the United States secretary of health and human services	59968
an application for the allotment of those funds that is available	59969
to this state. The director shall use the funds received in	59970
accordance with any conditions under which the application was	59971
approved.	59972

Sec. 3701.032. The director of health may adopt rules	59973
defining what constitutes a "health home" for the purpose of any	59974
entity that is authorized to provide care coordination services.	59975
The rules shall be adopted in accordance with Chapter 119. of the	59976
Revised Code.	59977

Sec. 3701.07. (A) The public health council shall adopt	59978
rules in accordance with Chapter 119. of the Revised Code defining	59979
and classifying hospitals and dispensaries and providing for the	59980
reporting of information by hospitals and dispensaries. Except as	59981
otherwise provided in the Revised Code, the rules providing for	59982
the reporting of information shall not require inclusion of any	59983
confidential patient data or any information concerning the	59984
financial condition, income, expenses, or net worth of the	59985
facilities other than that financial information already contained	59986
in those portions of the medicare or medicaid cost report that is	59987
necessary for the department of health to certify the per diem	59988
cost under section 3701.62 of the Revised Code. The rules may	59989
require the reporting of information in the following categories:	59990

(1) Information needed to identify and classify the	59991
institution;	59992

(2) Information on facilities and type and volume of services	59993
provided by the institution;	59994

(3) The number of beds listed by category of care provided;

59995

(4) The number of licensed or certified professional	59996
employees by classification;	59997

(5) The number of births that occurred at the institution the	59998
previous calendar year;	59999

(6) Any other information that the council considers relevant	60000
to the safety of patients served by the institution.	60001

Every hospital and dispensary, public or private, annually	60002
shall register with and report to the department of health.	60003
Reports shall be submitted in the manner prescribed in rules	60004
adopted under this division.	60005

(B) Every governmental entity or private nonprofit	60006
corporation or association whose employees or representatives are	60007
defined as residents' rights advocates under divisions (E)(1) and	60008
(2) of section 3721.10 ~~or division (A)(10) of section 3722.01~~ of	60009
the Revised Code shall register with the department of health on	60010
forms furnished by the director of health and shall provide such	60011
reasonable identifying information as the director may prescribe.	60012

The department shall compile a list of the governmental	60013
entities, corporations, or associations registering under this	60014
division and shall update the list annually. Copies of the list	60015
shall be made available to nursing home administrators as defined	60016
in division (C) of section 3721.10 of the Revised Code and to	60017
adult care facility managers as defined in section ~~3722.01~~5119.70	60018
of the Revised Code.	60019

Sec. 3701.61. (A) The department of health shall establish	60020
the help me grow program ~~for the purpose of encouraging~~to	60021
encourage early prenatal and well-baby care and to provide	60022
family-centered parenting education, services, and support that	60023
acknowledge and support the vital role of families in ensuring the	60024
well-being of children and that promote the optimal social,	60025
emotional, cognitive, intellectual, and physical development of	60026
children. The program shall include ~~distributing subsidies to~~	60027
~~counties to provide~~ the following services:	60028

(1) ~~Home-visiting~~Family-centered home visiting services to	60029
~~newborn infants and their~~ families with family incomes below two	60030
hundred per cent of the federal poverty guidelines and with a	60031
pregnant woman or an infant or toddler under two years of age and	60032
other families who meet the eligibility requirements established	60033
in rules adopted under this section;	60034

(2) ~~Services~~Part C early intervention services to infants	60035
and toddlers under three years of age who ~~are at risk for, or who~~	60036
~~have, a developmental delay or disability and their families~~meet	60037
the eligibility requirements established in rules adopted under	60038
this section.	60039

(B) The department shall obtain written consent from a	60040
pregnant woman or a parent of an infant or toddler before	60041
providing any services under the help me grow program.	60042
Participation in home visiting services is voluntary.	60043

(C) The ~~department shall not provide home-visiting services~~	60044
~~under the help me grow program unless requested in writing by a~~	60045
~~parent of the infant or toddler~~director of health may enter into	60046
an interagency agreement with one or more state agencies to	60047
implement the help me grow program and ensure coordination of	60048
early childhood programs.	60049

(D) The director may distribute help me grow program funds	60050
through contracts, grants, or subsidies to entities providing	60051
services under the program.	60052

(E) To the extent funds are available, the department shall	60053
establish a system of payment to providers of home visiting and	60054
part C early intervention services.	60055

~~(C)~~(F) Providers shall deliver home visiting services using	60056
the parents as teachers home visiting model, which is an	60057
evidence-based model that focuses on parent-child interaction,	60058
development-centered parenting, and family well-being. The	60059
director may select other home visiting models to be used by	60060
providers delivering services in addition to the parents as	60061
teachers home visiting model.	60062

(G) As a condition of receiving payments for home visiting	60063
services, providers shall report to the director data on the	60064
program performance indicators that are used to assess progress	60065
toward achieving the goals of the program. The report shall	60066
include data on the performance indicator of birth outcomes,	60067
including risk indicators of low birth weight and pre-term births,	60068
and data on all other performance indicators specified in rules	60069
adopted under this section. The providers shall report the data in	60070
the format and within the time frames specified in the rules.	60071

The director shall prepare an annual report on the data	60072
received from the providers.	60073

(H) Pursuant to Chapter 119. of the Revised Code, the	60074
~~department~~director shall adopt rules that are necessary and	60075
proper to implement this section. The rules shall specify all of	60076
the following:	60077

(1) Eligibility requirements for home visiting services and	60078
part C early intervention services;	60079

(2) Eligibility requirements for providers of part C early	60080
intervention services;	60081

(3) Standards and procedures for the provision of part C	60082
early intervention services, including data collection, program	60083
monitoring, and program evaluation;	60084

(4) Procedures for appealing the denial of an application for	60085
program services or the termination of services;	60086

(5) Procedures for appealing the denial of an application to	60087
become a provider of program services or the termination of the	60088
department's approval of a provider;	60089

(6) Procedures for addressing complaints;

60090

(7) The program performance indicators on which data must be	60091
reported by providers of home visiting services under division (G)	60092
of this section, which, to the extent possible, shall be	60093
consistent with federal reporting requirements for federally	60094
funded home visiting services;	60095

(8) The format in which reports must be submitted under	60096
division (G) of this section and the time frames within which the	60097
reports must be submitted;	60098

(9) Criteria for payment of approved providers of program	60099
services;	60100

(10) Any other rules necessary to implement the program.

60101

(I) A family enrolled in the help me grow at-risk program on	60102
the effective date of this amendment shall be eligible for at-risk	60103
services until December 31, 2013, or until the eligible child	60104
reaches three years of age, whichever occurs first.	60105

Sec. 3701.74. (A) As used in this section and section	60106
3701.741 of the Revised Code:	60107

(1) "Ambulatory care facility" means a facility that provides	60108
medical, diagnostic, or surgical treatment to patients who do not	60109
require hospitalization, including a dialysis center, ambulatory	60110
surgical facility, cardiac catheterization facility, diagnostic	60111
imaging center, extracorporeal shock wave lithotripsy center, home	60112
health agency, inpatient hospice, birthing center, radiation	60113
therapy center, emergency facility, and an urgent care center.	60114
"Ambulatory care facility" does not include the private office of	60115
a physician or dentist, whether the office is for an individual or	60116
group practice.	60117

(2) "Chiropractor" means an individual licensed under Chapter	60118
4734. of the Revised Code to practice chiropractic.	60119

(3) "Emergency facility" means a hospital emergency	60120
department or any other facility that provides emergency medical	60121
services.	60122

(4) "Health care practitioner" means all of the following:

60123

(a) A dentist or dental hygienist licensed under Chapter	60124
4715. of the Revised Code;	60125

(b) A registered or licensed practical nurse licensed under	60126
Chapter 4723. of the Revised Code;	60127

(c) An optometrist licensed under Chapter 4725. of the	60128
Revised Code;	60129

(d) A dispensing optician, spectacle dispensing optician,	60130
contact lens dispensing optician, or spectacle-contact lens	60131
dispensing optician licensed under Chapter 4725. of the Revised	60132
Code;	60133

(e) A pharmacist licensed under Chapter 4729. of the Revised	60134
Code;	60135

(f) A physician;

60136

(g) A physician assistant authorized under Chapter 4730. of	60137
the Revised Code to practice as a physician assistant;	60138

(h) A practitioner of a limited branch of medicine issued a	60139
certificate under Chapter 4731. of the Revised Code;	60140

(i) A psychologist licensed under Chapter 4732. of the	60141
Revised Code;	60142

(j) A chiropractor;

60143

(k) A hearing aid dealer or fitter licensed under Chapter	60144
4747. of the Revised Code;	60145

(l) A speech-language pathologist or audiologist licensed	60146
under Chapter 4753. of the Revised Code;	60147

(m) An occupational therapist or occupational therapy	60148
assistant licensed under Chapter 4755. of the Revised Code;	60149

(n) A physical therapist or physical therapy assistant	60150
licensed under Chapter 4755. of the Revised Code;	60151

(o) A professional clinical counselor, professional	60152
counselor, social worker, or independent social worker licensed,	60153
or a social work assistant registered, under Chapter 4757. of the	60154
Revised Code;	60155

(p) A dietitian licensed under Chapter 4759. of the Revised	60156
Code;	60157

(q) A respiratory care professional licensed under Chapter	60158
4761. of the Revised Code;	60159

(r) An emergency medical technician-basic, emergency medical	60160
technician-intermediate, or emergency medical technician-paramedic	60161
certified under Chapter 4765. of the Revised Code.	60162

(5) "Health care provider" means a hospital, ambulatory care	60163
facility, long-term care facility, pharmacy, emergency facility,	60164
or health care practitioner.	60165

(6) "Hospital" has the same meaning as in section 3727.01 of	60166
the Revised Code.	60167

(7) "Long-term care facility" means a nursing home,	60168
residential care facility, or home for the aging, as those terms	60169
are defined in section 3721.01 of the Revised Code; an adult care	60170
facility, as defined in section ~~3722.01~~5119.70 of the Revised	60171
Code; a nursing facility or intermediate care facility for the	60172
mentally retarded, as those terms are defined in section 5111.20	60173
of the Revised Code; a facility or portion of a facility certified	60174
as a skilled nursing facility under Title XVIII of the "Social	60175
Security Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.	60176

(8) "Medical record" means data in any form that pertains to	60177
a patient's medical history, diagnosis, prognosis, or medical	60178
condition and that is generated and maintained by a health care	60179
provider in the process of the patient's health care treatment.	60180

(9) "Medical records company" means a person who stores,	60181
locates, or copies medical records for a health care provider, or	60182
is compensated for doing so by a health care provider, and charges	60183
a fee for providing medical records to a patient or patient's	60184
representative.	60185

(10) "Patient" means either of the following:

60186

(a) An individual who received health care treatment from a	60187
health care provider;	60188

(b) A guardian, as defined in section 1337.11 of the Revised	60189
Code, of an individual described in division (A)(10)(a) of this	60190
section.	60191

(11) "Patient's personal representative" means a minor	60192
patient's parent or other person acting in loco parentis, a	60193
court-appointed guardian, or a person with durable power of	60194
attorney for health care for a patient, the executor or	60195
administrator of the patient's estate, or the person responsible	60196
for the patient's estate if it is not to be probated. "Patient's	60197
personal representative" does not include an insurer authorized	60198
under Title XXXIX of the Revised Code to do the business of	60199
sickness and accident insurance in this state, a health insuring	60200
corporation holding a certificate of authority under Chapter 1751.	60201
of the Revised Code, or any other person not named in this	60202
division.	60203

(12) "Pharmacy" has the same meaning as in section 4729.01 of	60204
the Revised Code.	60205

(13) "Physician" means a person authorized under Chapter	60206
4731. of the Revised Code to practice medicine and surgery,	60207
osteopathic medicine and surgery, or podiatric medicine and	60208
surgery.	60209

(14) "Authorized person" means a person to whom a patient has	60210
given written authorization to act on the patient's behalf	60211
regarding the patient's medical record.	60212

(B) A patient, a patient's personal representative or an	60213
authorized person who wishes to examine or obtain a copy of part	60214
or all of a medical record shall submit to the health care	60215
provider a written request signed by the patient, personal	60216
representative, or authorized person dated not more than one year	60217
before the date on which it is submitted. The request shall	60218
indicate whether the copy is to be sent to the requestor,	60219
physician or chiropractor, or held for the requestor at the office	60220
of the health care provider. Within a reasonable time after	60221
receiving a request that meets the requirements of this division	60222
and includes sufficient information to identify the record	60223
requested, a health care provider that has the patient's medical	60224
records shall permit the patient to examine the record during	60225
regular business hours without charge or, on request, shall	60226
provide a copy of the record in accordance with section 3701.741	60227
of the Revised Code, except that if a physician or chiropractor	60228
who has treated the patient determines for clearly stated	60229
treatment reasons that disclosure of the requested record is	60230
likely to have an adverse effect on the patient, the health care	60231
provider shall provide the record to a physician or chiropractor	60232
designated by the patient. The health care provider shall take	60233
reasonable steps to establish the identity of the person making	60234
the request to examine or obtain a copy of the patient's record.	60235

(C) If a health care provider fails to furnish a medical	60236
record as required by division (B) of this section, the patient,	60237
personal representative, or authorized person who requested the	60238
record may bring a civil action to enforce the patient's right of	60239
access to the record.	60240

(D)(1) This section does not apply to medical records whose	60241
release is covered by section 173.20 or 3721.13 of the Revised	60242
Code, by Chapter 1347. or 5122. of the Revised Code, by 42 C.F.R.	60243
part 2, "Confidentiality of Alcohol and Drug Abuse Patient	60244
Records," or by 42 C.F.R. 483.10.	60245

(2) Nothing in this section is intended to supersede the	60246
confidentiality provisions of sections 2305.24, 2305.25, 2305.251,	60247
and 2305.252 of the Revised Code.	60248

Sec. 3701.83. (A) There is hereby created in the state	60249
treasury the general operations fund. Moneys in the fund shall be	60250
used for the purposes specified in sections 3701.04, 3701.344,	60251
3702.20, 3710.15, 3711.16, 3717.45, 3718.06, 3721.02, ~~3722.04,~~	60252
3729.07, ~~3733.04,~~ 3733.25, 3733.43, 3748.04, 3748.05, 3748.07,	60253
3748.12, 3748.13, 3749.04, 3749.07, 4747.04, 4751.04, and 4769.09	60254
of the Revised Code.	60255

(B) The alcohol testing program fund is hereby created in the	60256
state treasury. The director of health shall use the fund to	60257
administer and enforce the alcohol testing and permit program	60258
authorized by section 3701.143 of the Revised Code.	60259

The fund shall receive transfers from the liquor control fund	60260
created under section 4301.12 of the Revised Code. All investment	60261
earnings of the alcohol testing program fund shall be credited to	60262
the fund.	60263

Sec. 3701.94. (A) As used in this section and section	60264
3701.941 of the Revised Code:	60265

(1) "Clinical laboratory services" means the microbiological,	60266
serological, chemical, hematological, biophysical, cytological, or	60267
pathological examination of materials derived from the human body	60268
for purposes of obtaining information for the diagnosis,	60269
prevention, treatment, or screening of any disease or impairment	60270
or for the assessment of health. "Clinical laboratory services"	60271
also means the collection or preparation of specimens for testing.	60272

(2) "Clinical laboratory services provider" means any person,	60273
or any employee, employer, agent, representative, or other	60274
fiduciary of such person, who provides clinical laboratory	60275
services.	60276

(3) "Group practice" has the same meaning as in section	60277
4731.65 of the Revised Code.	60278

(4) "Hospital" has the same meaning as in section 3727.01 of	60279
the Revised Code.	60280

(5) "Physician" means an individual authorized under Chapter	60281
4731. of the Revised Code to practice medicine and surgery,	60282
osteopathic medicine and surgery, or podiatric medicine and	60283
surgery.	60284

(B) No clinical laboratory services provider shall, directly	60285
or indirectly, offer, give, pay, or deliver, or agree to offer,	60286
give, pay, or deliver, any remuneration, in cash or in kind,	60287
including any kickback, bribe, or rebate, to any physician or	60288
group practice to induce the physician or group practice to do	60289
either of the following:	60290

(1) Refer patients to the clinical laboratory services	60291
provider;	60292

(2) Enter into an arrangement whereby the clinical laboratory	60293
services provider and the physician or group practice agree to	60294
split fees.	60295

(C)(1) Subject to division (C)(2) of this section, no	60296
clinical laboratory services provider shall give to a physician or	60297
group practice, supply the physician or group practice with, or	60298
place in the physician's or group practice's office any	60299
individual, including an employee, agent, representative, or other	60300
fiduciary of the clinical laboratory services provider, whether	60301
paid or unpaid, for the purpose of having that individual perform	60302
clinical laboratory services for the physician or group practice.	60303

(2) Nothing in division (C)(1) of this section prohibits a	60304
clinical laboratory services provider from entering into a	60305
laboratory management services contract with a hospital, including	60306
a contract that requires the clinical laboratory services provider	60307
to place employees or agents who perform functions directly	60308
related to the provision of clinical laboratory services at the	60309
hospital, as long as the contract specifies that the hospital will	60310
pay fair market value for the laboratory management services	60311
rendered.	60312

Sec. 3701.941. If the director of health determines that a	60313
clinical laboratory services provider has violated division (B) or	60314
(C) of section 3701.94 of the Revised Code, the director shall	60315
impose a civil penalty of not less than one thousand dollars and	60316
not more than ten thousand dollars for each day that the violation	60317
continues.	60318

Sec. 3702.31. (A) The quality monitoring and inspection fund	60319
is hereby created in the state treasury. The director of health	60320
shall use the fund to administer and enforce this section and	60321
sections 3702.11 to 3702.20, 3702.30, 3702.301, ~~and~~ 3702.32, and	60322
3701.94 of the Revised Code and rules adopted pursuant to those	60323
sections. The director shall deposit in the fund any moneys	60324
collected pursuant to this section or section 3702.32 or 3701.941	60325
of the Revised Code. All investment earnings of the fund shall be	60326
credited to the fund.	60327

(B) The director of health shall adopt rules pursuant to	60328
Chapter 119. of the Revised Code establishing fees for both of the	60329
following:	60330

(1) Initial and renewal license applications submitted under	60331
section 3702.30 of the Revised Code. The fees established under	60332
division (B)(1) of this section shall not exceed the actual and	60333
necessary costs of performing the activities described in division	60334
(A) of this section.	60335

(2) Inspections conducted under section 3702.15 or 3702.30 of	60336
the Revised Code. The fees established under division (B)(2) of	60337
this section shall not exceed the actual and necessary costs	60338
incurred during an inspection, including any indirect costs	60339
incurred by the department for staff, salary, or other	60340
administrative costs. The director of health shall provide to each	60341
health care facility or provider inspected pursuant to section	60342
3702.15 or 3702.30 of the Revised Code a written statement of the	60343
fee. The statement shall itemize and total the costs incurred.	60344
Within fifteen days after receiving a statement from the director,	60345
the facility or provider shall forward the total amount of the fee	60346
to the director.	60347

(3) The fees described in divisions (B)(1) and (2) of this	60348
section shall meet both of the following requirements:	60349

(a) For each service described in section 3702.11 of the	60350
Revised Code, the fee shall not exceed one thousand seven hundred	60351
fifty dollars annually, except that the total fees charged to a	60352
health care provider under this section shall not exceed five	60353
thousand dollars annually.	60354

(b) The fee shall exclude any costs reimbursable by the	60355
United States centers for medicare and medicaid services as part	60356
of the certification process for the medicare program established	60357
under Title XVIII of the "Social Security Act," 79 Stat. 286	60358
(1935), 42 U.S.C.A. 1395, as amended, and the medicaid program	60359
established under Title XIX of the "Social Security Act," 79 Stat.	60360
286 (1965), 42 U.S.C. 1396.	60361

(4) The director shall not establish a fee for any service	60362
for which a licensure or inspection fee is paid by the health care	60363
provider to a state agency for the same or similar licensure or	60364
inspection.	60365

Sec. 3702.59. (A) The director of health shall accept for	60366
review certificate of need applications as provided in sections	60367
3702.592, 3702.593, and 3702.594 of the Revised Code.	60368

(B)(1) The director shall not approve an application for a	60369
certificate of need for the addition of long-term care beds to an	60370
existing health care facility or for the development of a new	60371
health care facility if any of the following apply:	60372

(a) The existing health care facility in which the beds are	60373
being placed has one or more waivers for life safety code	60374
deficiencies, one or more state fire code violations, or one or	60375
more state building code violations, and the project identified in	60376
the application does not propose to correct all life safety code	60377
deficiencies for which a waiver has been granted, all state fire	60378
code violations, and all state building code violations at the	60379
existing health care facility in which the beds are being placed;	60380

(b) During the sixty-month period preceding the filing of the	60381
application, a notice of proposed license revocation was issued	60382
under section 3721.03 of the Revised Code for the existing health	60383
care facility in which the beds are being placed or a nursing home	60384
owned or operated by the applicant or a principal participant.	60385

(c) During the period that precedes the filing of the	60386
application and is encompassed by the three most recent standard	60387
surveys of the existing health care facility in which the beds are	60388
being placed, any of the following occurred:	60389

(i) The facility was cited on three or more separate	60390
occasions for final, nonappealable actual harm but not immediate	60391
jeopardy deficiencies.	60392

(ii) The facility was cited on two or more separate occasions	60393
for final, nonappealable immediate jeopardy deficiencies.	60394

(iii) The facility was cited on two separate occasions for	60395
final, nonappealable actual harm but not immediate jeopardy	60396
deficiencies and on one occasion for a final, nonappealable	60397
immediate jeopardy deficiency.	60398

(d) More than two nursing homes owned or operated in this	60399
state by the applicant or a principal participant or, if the	60400
applicant or a principal participant owns or operates more than	60401
twenty nursing homes in this state, more than ten per cent of	60402
those nursing homes, were each cited during the period that	60403
precedes the filing of the application for the certificate of need	60404
and is encompassed by the three most recent standard surveys of	60405
the nursing homes that were so cited in any of the following	60406
manners:	60407

(i) On three or more separate occasions for final,	60408
nonappealable actual harm but not immediate jeopardy deficiencies;	60409

(ii) On two or more separate occasions for final,	60410
nonappealable immediate jeopardy deficiencies;	60411

(iii) On two separate occasions for final, nonappealable	60412
actual harm but not immediate jeopardy deficiencies and on one	60413
occasion for a final, nonappealable immediate jeopardy deficiency.	60414

(2) In applying divisions (B)(1)(a) to (d) of this section,	60415
the director shall not consider deficiencies or violations cited	60416
before the applicant or a principal participant acquired or began	60417
to own or operate the health care facility at which the	60418
deficiencies or violations were cited. The director may disregard	60419
deficiencies and violations cited after the health care facility	60420
was acquired or began to be operated by the applicant or a	60421
principal participant if the deficiencies or violations were	60422
attributable to circumstances that arose under the previous owner	60423
or operator and the applicant or principal participant has	60424
implemented measures to alleviate the circumstances. In the case	60425
of an application proposing development of a new health care	60426
facility by relocation of beds, the director shall not consider	60427
deficiencies or violations that were solely attributable to the	60428
physical plant of the existing health care facility from which the	60429
beds are being relocated.	60430

(C) The director also shall accept for review any application	60431
for the conversion of infirmary beds to long-term care beds if the	60432
infirmary meets all of the following conditions:	60433

(1) Is operated exclusively by a religious order;

60434

(2) Provides care exclusively to members of religious orders	60435
who take vows of celibacy and live by virtue of their vows within	60436
the orders as if related;	60437

(3) Was providing care exclusively to members of such a	60438
religious order on January 1, 1994.	60439

~~At no time shall individuals other than those described in~~	60440
~~division (C)(2) of this section be admitted to a facility to use~~	60441
~~beds for which a certificate of need is approved under this~~	60442
~~division.~~	60443

(D) Notwithstanding division (C)(2) of this section, a	60444
facility that has been granted a certificate of need under	60445
division (C) of this section may provide care to any of the	60446
following family members of the individuals described in division	60447
(C)(2) of this section: mothers, fathers, brothers, sisters,	60448
brothers-in-law, sisters-in-law, or children.	60449

The long-term care beds in a facility that have been granted	60450
a certificate of need under division (C) of this section may not	60451
be relocated pursuant to sections 3702.592 to 3702.594 of the	60452
Revised Code.	60453

Sec. 3704.06. (A) The attorney general, upon the request of	60454
the director of environmental protection, shall prosecute any	60455
person who violates section 3704.05 or 3704.16 of the Revised	60456
Code.	60457

(B) The attorney general, upon request of the director, shall	60458
bring an action for an injunction, a civil penalty, or any other	60459
appropriate proceedings in any court of competent jurisdiction	60460
against any person violating or threatening to violate section	60461
3704.05 or 3704.16 of the Revised Code. The court shall have	60462
jurisdiction to grant prohibitory and mandatory injunctive relief	60463
and to require payment of a civil penalty upon the showing that	60464
~~such~~the person has violated this chapter or rules adopted	60465
thereunder.	60466

(C) A person who violates section 3704.05 or 3704.16 of the	60467
Revised Code shall pay a civil penalty of not more than	60468
twenty-five thousand dollars for each day of each violation. This	60469
division does not apply to any requirement of this chapter	60470
regarding the prevention or abatement of odors.	60471

(D) One-half of the moneys collected as civil penalties under	60472
division (C) of this section shall be credited to the	60473
environmental education fund created in section 3745.22 of the	60474
Revised Code. The remainder of the moneys so collected shall be	60475
credited to the air pollution control administration fund, which	60476
is hereby created in the state treasury. The air pollution control	60477
administration fund shall be administered by the director. Moneys	60478
in the air pollution control administration fund shall be used to	60479
supplement other moneys available for the administration and	60480
enforcement of this chapter and the rules adopted and terms and	60481
conditions of orders and permits issued under it, including,	60482
without limitation, the issuance of permits under it, and shall	60483
not be used to satisfy any state matching fund requirements for	60484
the receipt of any federal grant funds.	60485

The director may expend not more than ~~seven~~one million five	60486
hundred ~~fifty~~ thousand dollars of the moneys credited to the air	60487
pollution control administration fund under this division in any	60488
fiscal year for the purposes specified in this division. The	60489
director may request authority from the controlling board to	60490
expend any moneys credited to that fund in any fiscal year in	60491
excess of that amount.	60492

(E) Upon written complaint by any person, the director shall	60493
conduct such investigations and make such inquiries as are	60494
necessary to secure compliance with this chapter. The director,	60495
upon complaint or upon ~~his~~the director's own initiative, may	60496
investigate or make inquiries into any alleged violation or act of	60497
air pollution.	60498

Sec. 3704.14. (A)(1) If the director of environmental	60499
protection determines that implementation of a motor vehicle	60500
inspection and maintenance program is necessary for the state to	60501
effectively comply with the federal Clean Air Act after June 30,	60502
~~2009~~2011, the director may provide for the implementation of the	60503
program in ~~those counties in this state in which such a program is~~	60504
~~federally mandated~~the seven counties in which the program is	60505
operating on the effective date of this amendment. Upon making	60506
such a determination, the director of environmental protection may	60507
request the director of administrative services to extend the	60508
terms of the contract that was entered into under the authority of	60509
~~Section 7 of~~ Am. Sub. H.B. 241 of the ~~127th~~128th general	60510
assembly. Upon receiving the request, the director of	60511
administrative services shall extend the contract, beginning on	60512
July 1, ~~2009~~2011, in accordance with this section. The contract	60513
shall be extended for a period of up to ~~six~~twelve months with the	60514
contractor who conducted the motor vehicle inspection and	60515
maintenance program under that contract.	60516

(2) Prior to the expiration of the contract extension that is	60517
authorized by division (A)(1) of this section, the director of	60518
environmental protection may request the director of	60519
administrative services to enter into a contract with a vendor to	60520
operate a decentralized motor vehicle inspection and maintenance	60521
program in each county in this state in which such a program is	60522
federally mandated through June 30, ~~2011~~2015, with an option for	60523
the state to renew the contract through June 30, ~~2012~~2017. The	60524
contract shall ensure that the decentralized motor vehicle	60525
inspection and maintenance program achieves ~~at least the same~~	60526
substantially similar ozone precursor reductions as achieved by	60527
the program operated under the authority of the contract that was	60528
extended under division (A)(1) of this section. The director of	60529
administrative services shall select a vendor through a	60530
competitive selection process in compliance with Chapter 125. of	60531
the Revised Code.	60532

(3) Notwithstanding any law to the contrary, the director of	60533
administrative services shall ensure that a competitive selection	60534
process regarding a contract to operate a decentralized motor	60535
vehicle inspection and maintenance program in this state	60536
incorporates the following ~~elements~~, which shall be included in	60537
the contract:	60538

(a) AFor purposes of expanding the number of testing	60539
locations for consumer convenience and increased local business	60540
participation, a requirement that the ~~vendor selected to operate~~	60541
~~the~~ program ~~provide notification of the program's requirements to~~	60542
~~each owner of a motor vehicle that is required to be inspected~~	60543
~~under the program. The contract shall require the notification to~~	60544
~~be provided not later than sixty days prior to the date by which~~	60545
~~the owner of the motor vehicle is required to have the motor~~	60546
~~vehicle inspected. The director of environmental protection and~~	60547
~~the vendor shall jointly agree on the content of the notice.~~	60548
~~However, the notice shall include at a minimum the locations of~~	60549
~~all inspection facilities within a specified distance of the~~	60550
~~address that is listed on the owner's motor vehicle registration~~	60551
utilize established local businesses by authorizing existing auto	60552
repair facilities to operate as licensed inspection and waiver	60553
testing facilities;	60554

(b) A requirement that the tailpipe emissions analyzer	60555
utilized for emissions testing be BAR-97 certified;	60556

(c) A requirement that the contractor supply proven	60557
technology for on-board diagnostic testing equipment to all	60558
inspection facilities.	60559

(4) A decentralized motor vehicle inspection and maintenance	60560
program operated under this section shall comply with division (B)	60561
of this section. The director of environmental protection shall	60562
administer the decentralized motor vehicle inspection and	60563
maintenance program operated under this section.	60564

(B) The decentralized motor vehicle inspection and	60565
maintenance program authorized by this section, at a minimum,	60566
shall do all of the following:	60567

(1) Comply with the federal Clean Air Act;

60568

(2) Provide for the issuance of inspection certificates;

60569

(3) Provide for a new car exemption for motor vehicles four	60570
years old or newer and provide that a new motor vehicle is exempt	60571
for four years regardless of whether legal title to the motor	60572
vehicle is transferred during that period.	60573

(C) A motor vehicle inspection and maintenance program shall	60574
not be implemented in any county in which such a program is not	60575
authorized under division (A) of this section without the approval	60576
of the general assembly through the enactment of legislation.	60577
Further, a motor vehicle inspection and maintenance program shall	60578
not be implemented in any county beyond June 30, ~~2012~~2017,	60579
without the approval of the general assembly through the enactment	60580
of legislation.	60581

(D) The director of environmental protection shall adopt	60582
rules in accordance with Chapter 119. of the Revised Code that the	60583
director determines are necessary to implement this section. The	60584
director may continue to implement and enforce rules pertaining to	60585
the motor vehicle inspection and maintenance program previously	60586
implemented under former section 3704.14 of the Revised Code as	60587
that section existed prior to its repeal and reenactment by Am.	60588
Sub. H.B. 66 of the 126th general assembly, provided that the	60589
rules do not conflict with this section.	60590

(E) There is hereby created in the state treasury the auto	60591
emissions test fund, which shall consist of money received by the	60592
director from any cash transfers, state and local grants, and	60593
other contributions that are received for the purpose of funding	60594
the program established under this section. The director of	60595
environmental protection shall use money in the fund solely for	60596
the implementation, supervision, administration, operation, and	60597
enforcement of the motor vehicle inspection and maintenance	60598
program established under this section. Money in the fund shall	60599
not be used for either of the following:	60600

(1) To pay for the inspection costs incurred by a motor	60601
vehicle dealer so that the dealer may provide inspection	60602
certificates to an individual purchasing a motor vehicle from the	60603
dealer when that individual resides in a county that is subject to	60604
the motor vehicle inspection and maintenance program;	60605

(2) To provide payment for more than one free passing	60606
emissions inspection or a total of three emissions inspections for	60607
a motor vehicle in any three-hundred-sixty-five day period. The	60608
owner or lessee of a motor vehicle is responsible for inspection	60609
fees that are related to emissions inspections beyond one free	60610
passing emissions inspection or three total emissions inspections	60611
in any three-hundred-sixty-five day period. Inspection fees that	60612
are charged by a contractor conducting emissions inspections under	60613
a motor vehicle inspection and maintenance program shall be	60614
approved by the director of environmental protection.	60615

(F) The motor vehicle inspection and maintenance program	60616
established under this section expires upon the termination of all	60617
contracts entered into under this section and shall not be	60618
implemented beyond the final date on which termination occurs.	60619

Sec. 3705.24. (A)(1) The public health council shall, in	60620
accordance with section 111.15 of the Revised Code, adopt rules	60621
prescribing fees for the following items or services provided by	60622
the state office of vital statistics:	60623

(a) Except as provided in division (A)(4) of this section:

60624

(i) A certified copy of a vital record or a certification of	60625
birth;	60626

(ii) A search by the office of vital statistics of its files	60627
and records pursuant to a request for information, regardless of	60628
whether a copy of a record is provided;	60629

(iii) A copy of a record provided pursuant to a request.

60630

(b) Replacement of a birth certificate following an adoption,	60631
legitimation, paternity determination or acknowledgement, or court	60632
order;	60633

60634

(d) Amendment of a vital record that is requested later than	60635
one year after the filing date of the vital record;	60636

(e) Any other documents or services for which the public	60637
health council considers the charging of a fee appropriate.	60638

(2) Fees prescribed under division (A)(1)(a) of this section	60639
shall not be less than twelve dollars.	60640

(3) Fees prescribed under division (A)(1) of this section	60641
shall be collected in addition to any fees required by sections	60642
3109.14 and 3705.242 of the Revised Code.	60643

(4) Fees prescribed under division (A) of this section shall	60644
not apply to certifications issued under division (H) of this	60645
section or copies provided under section 3705.241 of the Revised	60646
Code.	60647

(B) In addition to the fees prescribed under division (A) of	60648
this section or section 3709.09 of the Revised Code, the office of	60649
vital statistics or the board of health of a city or general	60650
health district shall charge a five-dollar fee for each certified	60651
copy of a vital record and each certification of birth. This fee	60652
shall be deposited in the general operations fund created under	60653
section 3701.83 of the Revised Code and be used to support the	60654
operations, the modernization, and the automation of the vital	60655
records program in this state. A board of health shall forward all	60656
fees collected under this division to the department of health not	60657
later than thirty days after the end of each calendar quarter.	60658

(C) Except as otherwise provided in division (H) of this	60659
section, and except as provided in section 3705.241 of the Revised	60660
Code, fees collected by the director of health under sections	60661
3705.01 to 3705.29 of the Revised Code shall be paid into the	60662
state treasury to the credit of the general operations fund	60663
created by section 3701.83 of the Revised Code. Except as provided	60664
in division (B) or (I) of this section, money generated by the	60665
fees shall be used only for administration and enforcement of this	60666
chapter and the rules adopted under it. Amounts submitted to the	60667
department of health for copies of vital records or services in	60668
excess of the fees imposed by this section shall be dealt with as	60669
follows:	60670

(1) An overpayment of two dollars or less shall be retained	60671
by the department and deposited in the state treasury to the	60672
credit of the general operations fund created by section 3701.83	60673
of the Revised Code.	60674

(2) An overpayment in excess of two dollars shall be returned	60675
to the person who made the overpayment.	60676

(D) If a local registrar is a salaried employee of a city or	60677
a general health district, any fees the local registrar receives	60678
pursuant to section 3705.23 of the Revised Code shall be paid into	60679
the general fund of the city or the health fund of the general	60680
health district.	60681

Each local registrar of vital statistics, or each health	60682
district where the local registrar is a salaried employee of the	60683
district, shall be entitled to a fee for each birth, fetal death,	60684
death, or military service certificate properly and completely	60685
made out and registered with the local registrar or district and	60686
correctly copied and forwarded to the office of vital statistics	60687
in accordance with the population of the primary registration	60688
district at the last federal census. The fee for each birth, fetal	60689
death, death, or military service certificate shall be:	60690

(1) In primary registration districts of over two hundred	60691
fifty thousand, twenty cents;	60692

(2) In primary registration districts of over one hundred	60693
twenty-five thousand and less than two hundred fifty thousand,	60694
sixty cents;	60695

(3) In primary registration districts of over fifty thousand	60696
and less than one hundred twenty-five thousand, eighty cents;	60697

(4) In primary registration districts of less than fifty	60698
thousand, one dollar.	60699

(E) The director of health shall annually certify to the	60700
county treasurers of the several counties the number of birth,	60701
fetal death, death, and military service certificates registered	60702
from their respective counties with the names of the local	60703
registrars and the amounts due each registrar and health district	60704
at the rates fixed in this section. Such amounts shall be paid by	60705
the treasurer of the county in which the registration districts	60706
are located. No fees shall be charged or collected by registrars	60707
except as provided by this chapter and section 3109.14 of the	60708
Revised Code.	60709

(F) A probate judge shall be paid a fee of fifteen cents for	60710
each certified abstract of marriage prepared and forwarded by the	60711
probate judge to the department of health pursuant to section	60712
3705.21 of the Revised Code. The fee shall be in addition to the	60713
fee paid for a marriage license and shall be paid by the	60714
applicants for the license.	60715

(G) The clerk of a court of common pleas shall be paid a fee	60716
of one dollar for each certificate of divorce, dissolution, and	60717
annulment of marriage prepared and forwarded by the clerk to the	60718
department pursuant to section 3705.21 of the Revised Code. The	60719
fee for the certified abstract of divorce, dissolution, or	60720
annulment of marriage shall be added to the court costs allowed in	60721
these cases.	60722

(H) The fee for an heirloom certification of birth issued	60723
pursuant to division (B)(2) of section 3705.23 of the Revised Code	60724
shall be an amount prescribed by rule by the director of health	60725
plus any fee required by section 3109.14 of the Revised Code. In	60726
setting the amount of the fee, the director shall establish a	60727
surcharge in addition to an amount necessary to offset the expense	60728
of processing heirloom certifications of birth. The fee prescribed	60729
by the director of health pursuant to this division shall be	60730
deposited into the state treasury to the credit of the heirloom	60731
certification of birth fund which is hereby created. Money	60732
credited to the fund shall be used by the office of vital	60733
statistics to offset the expense of processing heirloom	60734
certifications of birth. However, the money collected for the	60735
surcharge, subject to the approval of the controlling board, shall	60736
be used for the purposes specified by the family and children	60737
first council pursuant to section 121.37 of the Revised Code.	60738

(I) ~~Four~~Three dollars of each fee collected by ~~the director~~	60739
~~of health or~~ the board of health of a city or general health	60740
district for ~~an item or service described in division (A)(1)(a) of~~	60741
~~this section~~a certified copy of a vital record or a certification	60742
of birth shall be transferred to the office of vital statistics	60743
not later than thirty days after the end of each calendar quarter	60744
and shall be used to support public health systems.	60745

Sec. 3709.085. (A) The board of health of a city or general	60746
health district may enter into a contract with any political	60747
subdivision or other governmental agency to obtain or provide all	60748
or part of any services, including, but not limited to,	60749
enforcement services, for the purposes of Chapter 3704. of the	60750
Revised Code, the rules adopted and orders made pursuant thereto,	60751
or any other ordinances or rules for the prevention, control, and	60752
abatement of air pollution.	60753

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

60754

(a) "Semipublic disposal system" means a disposal system that	60755
treats the sanitary sewage discharged from publicly or privately	60756
owned buildings or places of assemblage, entertainment,	60757
recreation, education, correction, hospitalization, housing, or	60758
employment, but does not include a disposal system that treats	60759
sewage in amounts of more than twenty-five thousand gallons per	60760
day; a disposal system for the treatment of sewage that is exempt	60761
from the requirements of section 6111.04 of the Revised Code	60762
pursuant to division (F)(7) of that section; or a disposal system	60763
for the treatment of industrial waste.	60764

(b) Terms defined in section 6111.01 of the Revised Code have	60765
the same meanings as in that section.	60766

(2) The board of health of a city or general health district	60767
may enter into a contract with the environmental protection agency	60768
to conduct on behalf of the agency inspection or enforcement	60769
services, for the purposes of Chapter 6111. of the Revised Code	60770
and rules adopted thereunder, for the disposal or treatment of	60771
sewage from semipublic disposal systems. The board of health of a	60772
city or general health district may charge a fee established	60773
pursuant to section 3709.09 of the Revised Code to be paid by the	60774
owner or operator of a semipublic disposal system for inspections	60775
conducted by the board pursuant to a contract entered into under	60776
division (B)(2) of this section, except that the board shall not	60777
charge a fee for those inspections conducted at any recreational	60778
vehicle park, recreation camp, or combined park-camp that is	60779
licensed under section 3729.05 of the Revised Code or at any	60780
manufactured home park that is licensed under section ~~3733.03~~	60781
4781.26 of the Revised Code.	60782

Sec. 3709.09. (A) The board of health of a city or general	60783
health district may, by rule, establish a uniform system of fees	60784
to pay the costs of any services provided by the board.	60785

The fee for issuance of a certified copy of a vital record or	60786
a certification of birth shall not be less than the fee prescribed	60787
for the same service under division (A)(1) of section 3705.24 of	60788
the Revised Code and shall include the fees required by division	60789
(B) of section 3705.24 and section 3109.14 of the Revised Code.	60790

Fees for services provided by the board for purposes	60791
specified in sections 3701.344, 3711.10, 3718.06, 3729.07,	60792
3730.03, ~~3733.04,~~ 3733.25, and 3749.04 of the Revised Code shall	60793
be established in accordance with rules adopted under division (B)	60794
of this section. The district advisory council, in the case of a	60795
general health district, and the legislative authority of the	60796
city, in the case of a city health district, may disapprove any	60797
fee established by the board of health under this division, and	60798
any such fee, as disapproved, shall not be charged by the board of	60799
health.	60800

(B) The public health council shall adopt rules under section	60801
111.15 of the Revised Code that establish fee categories and a	60802
uniform methodology for use in calculating the costs of services	60803
provided for purposes specified in sections 3701.344, 3711.10,	60804
3718.06, 3729.07, 3730.03, ~~3733.04,~~ 3733.25, and 3749.04 of the	60805
Revised Code. In adopting the rules, the public health council	60806
shall consider recommendations it receives from advisory boards	60807
established either by statute or the director of health for	60808
entities subject to the fees.	60809

(C) Except when a board of health establishes a fee by	60810
adopting a rule as an emergency measure, the board of health shall	60811
hold a public hearing regarding each proposed fee for a service	60812
provided by the board for a purpose specified in section 3701.344,	60813
3711.10, 3718.06, 3729.07, 3730.03, ~~3733.04,~~ 3733.25, or 3749.04	60814
of the Revised Code. If a public hearing is held, at least twenty	60815
days prior to the public hearing the board shall give written	60816
notice of the hearing to each entity affected by the proposed fee.	60817
The notice shall be mailed to the last known address of each	60818
entity and shall specify the date, time, and place of the hearing	60819
and the amount of the proposed fee.	60820

(D) If payment of a fee established under this section is not	60821
received by the day on which payment is due, the board of health	60822
shall assess a penalty. The amount of the penalty shall be equal	60823
to twenty-five per cent of the applicable fee.	60824

(E) All rules adopted by a board of health under this section	60825
shall be adopted, recorded, and certified as are ordinances of	60826
municipal corporations and the record thereof shall be given in	60827
all courts the same effect as is given such ordinances, but the	60828
advertisements of such rules shall be by publication in one	60829
newspaper of general circulation within the health district.	60830
Publication shall be made once a week for two consecutive weeks	60831
or as provided in section 7.16 of the Revised Code, and such rules	60832
shall take effect and be in force ten days from the date of the	60833
first publication.	60834

Sec. 3709.092. (A) A board of health of a city or general	60835
health district shall transmit to the director of health all fees	60836
or additional amounts that the public health council requires to	60837
be collected under sections 3701.344, 3718.06, 3729.07, ~~3733.04,~~	60838
3733.25, and 3749.04 of the Revised Code. The fees and amounts	60839
shall be transmitted according to the following schedule:	60840

(1) For fees and amounts received by the board on or after	60841
the first day of January but not later than the thirty-first day	60842
of March, transmit the fees and amounts not later than the	60843
fifteenth day of May;	60844

(2) For fees and amounts received by the board on or after	60845
the first day of April but not later than the thirtieth day of	60846
June, transmit the fees and amounts not later than the fifteenth	60847
day of August;	60848

(3) For fees and amounts received by the board on or after	60849
the first day of July but not later than the thirtieth day of	60850
September, transmit the fees and amounts not later than the	60851
fifteenth day of November;	60852

(4) For fees and amounts received by the board on or after	60853
the first day of October but not later than the thirty-first day	60854
of December, transmit the fees and amounts not later than the	60855
fifteenth day of February of the following year.	60856

(B) The director shall deposit the fees and amounts received	60857
under this section into the state treasury to the credit of the	60858
general operations fund created in section 3701.83 of the Revised	60859
Code. Each amount shall be used solely for the purpose for which	60860
it was collected.	60861

Sec. 3709.21. The board of health of a general health	60862
district may make such orders and regulations as are necessary for	60863
its own government, for the public health, the prevention or	60864
restriction of disease, and the prevention, abatement, or	60865
suppression of nuisances. Such board may require that no human,	60866
animal, or household wastes from sanitary installations within the	60867
district be discharged into a storm sewer, open ditch, or	60868
watercourse without a permit therefor having been secured from the	60869
board under such terms as the board requires. All orders and	60870
regulations not for the government of the board, but intended for	60871
the general public, shall be adopted, recorded, and certified as	60872
are ordinances of municipal corporations and the record thereof	60873
shall be given in all courts the same effect as is given such	60874
ordinances, but the advertisements of such orders and regulations	60875
shall be by publication in ~~one~~a newspaper ~~published and~~ of	60876
general circulation within the district. Publication shall be made	60877
once a week for two consecutive weeks or as provided in section	60878
7.16 of the Revised Code, and such orders and regulations shall	60879
take effect and be in force ten days from the date of the first	60880
publication. In cases of emergency caused by epidemics of	60881
contagious or infectious diseases, or conditions or events	60882
endangering the public health, the board may declare such orders	60883
and regulations to be emergency measures, and such orders and	60884
regulations shall become effective immediately without such	60885
advertising, recording, and certifying.	60886

Sec. 3709.34. (A) The ~~board of county commissioners or the~~	60887
legislative authority of any city may furnish suitable quarters	60888
for any board of health or health department having jurisdiction	60889
over all or a major part of ~~such county or~~that city.	60890

(B)(1) Subject to division (B)(6) of this section, a board of	60891
county commissioners shall provide office space and utilities	60892
through fiscal year 2011 for the board of health having	60893
jurisdiction over the county's general health district.	60894
Thereafter, subject to division (B)(6) of this section, the board	60895
of county commissioners shall make payments as provided in	60896
division (B)(3) of this section for the office space and utilities	60897
until fiscal year 2016. Starting in fiscal year 2016, the board	60898
has no duty to provide the office space or utilities, or to make	60899
payments for the office space or utilities, for the board of	60900
health of the county's general health district.	60901

(2)(a) Not later than the thirtieth day of September 2011,	60902
2012, 2013, and 2014, the board of county commissioners shall make	60903
a written estimate of the total cost for the ensuing fiscal year	60904
to provide office space and utilities to the board of health of	60905
the county's general health district. The estimate of total cost	60906
shall include all of the following:	60907

(i) The total square feet of space to be used by the board of	60908
health;	60909

(ii) The total square feet of any common areas that should be	60910
reasonably allocated to the board of health and the method for	60911
making this allocation;	60912

(iii) The actual cost per square foot for both the space used	60913
by and the common areas allocated to the board of health;	60914

(iv) An explanation of the method used to determine the	60915
actual cost per square foot;	60916

(v) The estimated cost of providing utilities, including an	60917
explanation of how this cost was determined;	60918

(vi) Any other estimated costs the board of county	60919
commissioners anticipates will be incurred to provide office space	60920
and utilities to the board of health, including a detailed	60921
explanation of those costs and the rationale used to determine	60922
them.	60923

(b) The board of county commissioners shall forward a copy of	60924
the estimate of total cost to the director of the board of health	60925
not later than the fifth day of October 2011, 2012, 2013, and	60926
2014. The director shall review the estimate and, not later than	60927
twenty days after its receipt, notify the board of county	60928
commissioners that the director agrees with the estimate, or	60929
objects to it giving specific reasons for the objections.	60930

(c) If the director agrees with the estimate, it shall become	60931
the final estimate of total cost. Failure of the director to make	60932
objections to the estimate by the twentieth day after its receipt	60933
shall be deemed to mean that the director is in agreement with the	60934
estimate.	60935

(d) If the director timely objects to the estimate and	60936
provides specific objections to the board of county commissioners,	60937
the board shall review the objections and may modify the original	60938
estimate and send a revised estimate of total cost to the director	60939
within ten days after receipt of the objections. The director	60940
shall respond to a revised estimate within ten days after its	60941
receipt. If the director agrees with it, the revised estimate	60942
shall become the final estimate of total cost. If the director	60943
fails to respond within the ten-day period, the director shall be	60944
deemed to have agreed with the revised estimate. If the director	60945
disagrees with the revised estimate, the director shall send	60946
specific objections to the board of county commissioners within	60947
the ten-day period.	60948

(e) If the director timely objected to the original estimate	60949
or sends specific objections to a revised estimate within the	60950
required time, or if there is no revised estimate, the probate	60951
judge of the county shall determine the final estimate of total	60952
cost and certify this amount to the director and the board of	60953
county commissioners before the first day of January 2012, 2013,	60954
2014, or 2015, as applicable.	60955

(3)(a) Subject to division (B)(6) of this section, a board of	60956
county commissioners shall be responsible for the following	60957
percentages of the final estimate of total cost established by	60958
division (B)(2) of this section:	60959

(i) Eighty per cent for fiscal year 2012;

60960

(ii) Sixty per cent for fiscal year 2013;

60961

(iii) Forty per cent for fiscal year 2014;

60962

(iv) Twenty per cent for fiscal year 2015.

60963

(b) In fiscal years 2012, 2013, 2014, and 2015, the board of	60964
health of the county's general health district shall be	60965
responsible for the payment of the remainder of any costs incurred	60966
in excess of the amount payable under division (B)(3)(a)(i), (ii),	60967
(iii), or (iv) of this section, as applicable, for the provision	60968
of office space and utilities for the board of health, including	60969
any unanticipated or unexpected increases in costs beyond the	60970
final estimate of total cost.	60971

(c) Beginning in fiscal year 2016, the board of county	60972
commissioners has no obligation to provide office space or	60973
utilities, or to make payments for office space or utilities, for	60974
the board of health.	60975

(4) After fiscal year 2015, the board of county commissioners	60976
and the board of health of the county's general health district	60977
may enter into a contract for the board of county commissioners to	60978
provide office space for the use of the board of health and to	60979
provide utilities for that office space. The term of the contract	60980
shall not exceed four years and may be renewed for additional	60981
periods not to exceed four years.	60982

(5) Notwithstanding divisions (B)(1) to (4) of this section,	60983
in any fiscal year the board of county commissioners, in its	60984
discretion, may provide office space and utilities for the board	60985
of health of the county's general health district free of charge.	60986

(6) If the board of health of a general health district	60987
rents, leases, lease-purchases, or otherwise acquires office space	60988
to facilitate the performance of its functions, or constructs,	60989
enlarges, renovates, or otherwise modifies buildings or other	60990
structures to provide office space to facilitate the performance	60991
of its functions, the board of county commissioners of the county	60992
served by the general health district has no further obligation	60993
under division (B) of this section to provide office space or	60994
utilities, or to make payments for office space or utilities, for	60995
the board of health, unless the board of county commissioners	60996
enters into a contract with the board of health under division	60997
(B)(4) of this section, or exercises its option under division	60998
(B)(5) of this section.	60999

Sec. 3709.341. The board of county commissioners may donate	61000
or sell property, buildings, and furnishings to any board of	61001
health of a general or combined health district. Upon acceptance	61002
by the board of health of the general or combined district, the	61003
board of county commissioners may convey the property, buildings,	61004
and furnishings to the board of health to be used as quarters by	61005
the board of health. The instrument conveying the property,	61006
buildings, and furnishings shall include a reverter clause that,	61007
in the event the board of health subsequently sells the property,	61008
buildings, and furnishings:	61009

(A) Reverts the property, buildings, and furnishings to the	61010
board of county commissioners if they initially were donated by	61011
the board of county commissioners; or	61012

(B) Specifies how the proceeds of the board of health's	61013
subsequent sale of the property, buildings, and furnishings shall	61014
be distributed, if they initially were sold by the board of county	61015
commissioners.	61016

Sec. 3721.01. (A) As used in sections 3721.01 to 3721.09 and	61017
3721.99 of the Revised Code:	61018

(1)(a) "Home" means an institution, residence, or facility	61019
that provides, for a period of more than twenty-four hours,	61020
whether for a consideration or not, accommodations to three or	61021
more unrelated individuals who are dependent upon the services of	61022
others, including a nursing home, residential care facility, home	61023
for the aging, and a veterans' home operated under Chapter 5907.	61024
of the Revised Code.	61025

(b) "Home" also means both of the following:

61026

(i) Any facility that a person, as defined in section 3702.51	61027
of the Revised Code, proposes for certification as a skilled	61028
nursing facility or nursing facility under Title XVIII or XIX of	61029
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	61030
as amended, and for which a certificate of need, other than a	61031
certificate to recategorize hospital beds as described in section	61032
3702.522 of the Revised Code or division (R)(7)(d) of the version	61033
of section 3702.51 of the Revised Code in effect immediately prior	61034
to April 20, 1995, has been granted to the person under sections	61035
3702.51 to 3702.62 of the Revised Code after August 5, 1989;	61036

(ii) A county home or district home that is or has been	61037
licensed as a residential care facility.	61038

61039

(i) Except as provided in division (A)(1)(b) of this section,	61040
a public hospital or hospital as defined in section 3701.01 or	61041
5122.01 of the Revised Code;	61042

(ii) A residential facility for mentally ill persons as	61043
defined under section 5119.22 of the Revised Code;	61044

(iii) A residential facility as defined in section 5123.19 of	61045
the Revised Code;	61046

(iv) An adult care facility as defined in section ~~3722.01~~	61047
5119.70 of the Revised Code;	61048

(v) An alcohol or drug addiction program as defined in	61049
section 3793.01 of the Revised Code;	61050

(vi) A facility licensed to provide methadone treatment under	61051
section 3793.11 of the Revised Code;	61052

(vii) A facility providing services under contract with the	61053
department of developmental disabilities under section 5123.18 of	61054
the Revised Code unless section 5123.192 of the Revised Code makes	61055
the facility subject to the requirements of this chapter;	61056

(viii) A facility operated by a hospice care program licensed	61057
under section 3712.04 of the Revised Code that is used exclusively	61058
for care of hospice patients;	61059

(ix) A facility, infirmary, or other entity that is operated	61060
by a religious order, provides care exclusively to members of	61061
religious orders who take vows of celibacy and live by virtue of	61062
their vows within the orders as if related, and does not	61063
participate in the medicare program established under Title XVIII	61064
of the "Social Security Act" or the medical assistance program	61065
established under Chapter 5111. of the Revised Code and Title XIX	61066
of the "Social Security Act," if on January 1, 1994, the facility,	61067
infirmary, or entity was providing care exclusively to members of	61068
the religious order;	61069

(x) A county home or district home that has never been	61070
licensed as a residential care facility.	61071

(2) "Unrelated individual" means one who is not related to	61072
the owner or operator of a home or to the spouse of the owner or	61073
operator as a parent, grandparent, child, grandchild, brother,	61074
sister, niece, nephew, aunt, uncle, or as the child of an aunt or	61075
uncle.	61076

(3) "Mental impairment" does not mean mental illness as	61077
defined in section 5122.01 of the Revised Code or mental	61078
retardation as defined in section 5123.01 of the Revised Code.	61079

(4) "Skilled nursing care" means procedures that require	61080
technical skills and knowledge beyond those the untrained person	61081
possesses and that are commonly employed in providing for the	61082
physical, mental, and emotional needs of the ill or otherwise	61083
incapacitated. "Skilled nursing care" includes, but is not limited	61084
to, the following:	61085

(a) Irrigations, catheterizations, application of dressings,	61086
and supervision of special diets;	61087

(b) Objective observation of changes in the patient's	61088
condition as a means of analyzing and determining the nursing care	61089
required and the need for further medical diagnosis and treatment;	61090

61091

(d) Administration of medication by any method ordered by a	61092
physician, such as hypodermically, rectally, or orally, including	61093
observation of the patient after receipt of the medication;	61094

(e) Carrying out other treatments prescribed by the physician	61095
that involve a similar level of complexity and skill in	61096
administration.	61097

(5)(a) "Personal care services" means services including, but	61098
not limited to, the following:	61099

(i) Assisting residents with activities of daily living;

61100

(ii) Assisting residents with self-administration of	61101
medication, in accordance with rules adopted under section 3721.04	61102
of the Revised Code;	61103

(iii) Preparing special diets, other than complex therapeutic	61104
diets, for residents pursuant to the instructions of a physician	61105
or a licensed dietitian, in accordance with rules adopted under	61106
section 3721.04 of the Revised Code.	61107

(b) "Personal care services" does not include "skilled	61108
nursing care" as defined in division (A)(4) of this section. A	61109
facility need not provide more than one of the services listed in	61110
division (A)(5)(a) of this section to be considered to be	61111
providing personal care services.	61112

(6) "Nursing home" means a home used for the reception and	61113
care of individuals who by reason of illness or physical or mental	61114
impairment require skilled nursing care and of individuals who	61115
require personal care services but not skilled nursing care. A	61116
nursing home is licensed to provide personal care services and	61117
skilled nursing care.	61118

(7) "Residential care facility" means a home that provides	61119
either of the following:	61120

(a) Accommodations for seventeen or more unrelated	61121
individuals and supervision and personal care services for three	61122
or more of those individuals who are dependent on the services of	61123
others by reason of age or physical or mental impairment;	61124

(b) Accommodations for three or more unrelated individuals,	61125
supervision and personal care services for at least three of those	61126
individuals who are dependent on the services of others by reason	61127
of age or physical or mental impairment, and, to at least one of	61128
those individuals, any of the skilled nursing care authorized by	61129
section 3721.011 of the Revised Code.	61130

(8) "Home for the aging" means a home that provides services	61131
as a residential care facility and a nursing home, except that the	61132
home provides its services only to individuals who are dependent	61133
on the services of others by reason of both age and physical or	61134
mental impairment.	61135

The part or unit of a home for the aging that provides	61136
services only as a residential care facility is licensed as a	61137
residential care facility. The part or unit that may provide	61138
skilled nursing care beyond the extent authorized by section	61139
3721.011 of the Revised Code is licensed as a nursing home.	61140

(9) "County home" and "district home" mean a county home or	61141
district home operated under Chapter 5155. of the Revised Code.	61142

(B) The public health council may further classify homes. For	61143
the purposes of this chapter, any residence, institution, hotel,	61144
congregate housing project, or similar facility that meets the	61145
definition of a home under this section is such a home regardless	61146
of how the facility holds itself out to the public.	61147

(C) For purposes of this chapter, personal care services or	61148
skilled nursing care shall be considered to be provided by a	61149
facility if they are provided by a person employed by or	61150
associated with the facility or by another person pursuant to an	61151
agreement to which neither the resident who receives the services	61152
nor the resident's sponsor is a party.	61153

(D) Nothing in division (A)(4) of this section shall be	61154
construed to permit skilled nursing care to be imposed on an	61155
individual who does not require skilled nursing care.	61156

Nothing in division (A)(5) of this section shall be construed	61157
to permit personal care services to be imposed on an individual	61158
who is capable of performing the activity in question without	61159
assistance.	61160

(E) Division (A)(1)(c)(ix) of this section does not prohibit	61161
a facility, infirmary, or other entity described in that division	61162
from seeking licensure under sections 3721.01 to 3721.09 of the	61163
Revised Code or certification under Title XVIII or XIX of the	61164
"Social Security Act." However, such a facility, infirmary, or	61165
entity that applies for licensure or certification must meet the	61166
requirements of those sections or titles and the rules adopted	61167
under them and obtain a certificate of need from the director of	61168
health under section 3702.52 of the Revised Code.	61169

(F) Nothing in this chapter, or rules adopted pursuant to it,	61170
shall be construed as authorizing the supervision, regulation, or	61171
control of the spiritual care or treatment of residents or	61172
patients in any home who rely upon treatment by prayer or	61173
spiritual means in accordance with the creed or tenets of any	61174
recognized church or religious denomination.	61175

Sec. 3721.011. (A) In addition to providing accommodations,	61176
supervision, and personal care services to its residents, a	61177
residential care facility may ~~provide~~do the following:	61178

(1) Provide the following skilled nursing care to its	61179
residents ~~as follows~~:	61180

~~(1)~~(a) Supervision of special diets;

61181

~~(2)~~(b) Application of dressings, in accordance with rules	61182
adopted under section 3721.04 of the Revised Code;	61183

~~(3)~~(c) Subject to division (B)(1) of this section,	61184
administration of medication;	61185

~~(4)~~.

61186

(2) Subject to division (C) of this section, provide other	61187
skilled nursing care ~~provided~~ on a part-time, intermittent basis	61188
for not more than a total of one hundred twenty days in a	61189
twelve-month period;	61190

~~(5) Subject to division (D) of this section,~~(3) Provide	61191
skilled nursing care ~~provided~~ for more than one hundred twenty	61192
days in a twelve-month period to a ~~hospice patient, as defined in~~	61193
~~section 3712.01 of the Revised Code~~resident when the requirements	61194
of division (D) of this section are met.	61195

A residential care facility may not admit or retain an	61196
individual requiring skilled nursing care that is not authorized	61197
by this section. A residential care facility may not provide	61198
skilled nursing care beyond the limits established by this	61199
section.	61200

(B)(1) A residential care facility may admit or retain an	61201
individual requiring medication, including biologicals, only if	61202
the individual's personal physician has determined in writing that	61203
the individual is capable of self-administering the medication or	61204
the facility provides for the medication to be administered to the	61205
individual by a home health agency certified under Title XVIII of	61206
the "Social Security Act," 79 Stat. 620 (1965), 42 U.S.C.A. 1395,	61207
as amended; a hospice care program licensed under Chapter 3712. of	61208
the Revised Code; or a member of the staff of the residential care	61209
facility who is qualified to perform medication administration.	61210
Medication may be administered in a residential care facility only	61211
by the following persons authorized by law to administer	61212
medication:	61213

(a) A registered nurse licensed under Chapter 4723. of the	61214
Revised Code;	61215

(b) A licensed practical nurse licensed under Chapter 4723.	61216
of the Revised Code who holds proof of successful completion of a	61217
course in medication administration approved by the board of	61218
nursing and who administers the medication only at the direction	61219
of a registered nurse or a physician authorized under Chapter	61220
4731. of the Revised Code to practice medicine and surgery or	61221
osteopathic medicine and surgery;	61222

(c) A medication aide certified under Chapter 4723. of the	61223
Revised Code;	61224

(d) A physician authorized under Chapter 4731. of the Revised	61225
Code to practice medicine and surgery or osteopathic medicine and	61226
surgery.	61227

(2) In assisting a resident with self-administration of	61228
medication, any member of the staff of a residential care facility	61229
may do the following:	61230

(a) Remind a resident when to take medication and watch to	61231
ensure that the resident follows the directions on the container;	61232

(b) Assist a resident by taking the medication from the	61233
locked area where it is stored, in accordance with rules adopted	61234
pursuant to section 3721.04 of the Revised Code, and handing it to	61235
the resident. If the resident is physically unable to open the	61236
container, a staff member may open the container for the resident.	61237

(c) Assist a physically impaired but mentally alert resident,	61238
such as a resident with arthritis, cerebral palsy, or Parkinson's	61239
disease, in removing oral or topical medication from containers	61240
and in consuming or applying the medication, upon request by or	61241
with the consent of the resident. If a resident is physically	61242
unable to place a dose of medicine to the resident's mouth without	61243
spilling it, a staff member may place the dose in a container and	61244
place the container to the mouth of the resident.	61245

(C) AExcept as provided in division (D) of this section, a	61246
residential care facility may admit or retain individuals who	61247
require skilled nursing care beyond the supervision of special	61248
diets, application of dressings, or administration of medication,	61249
only if the care will be provided on a part-time, intermittent	61250
basis for not more than a total of one hundred twenty days in any	61251
twelve-month period. In accordance with Chapter 119. of the	61252
Revised Code, the public health council shall adopt rules	61253
specifying what constitutes the need for skilled nursing care on a	61254
part-time, intermittent basis. The council shall adopt rules that	61255
are consistent with rules pertaining to home health care adopted	61256
by the director of job and family services for the ~~medical~~	61257
~~assistance~~medicaid program established under Chapter 5111. of the	61258
Revised Code. Skilled nursing care provided pursuant to this	61259
division may be provided by a home health agency certified under	61260
Title XVIII of the "Social Security Act," a hospice care program	61261
licensed under Chapter 3712. of the Revised Code, or a member of	61262
the staff of a residential care facility who is qualified to	61263
perform skilled nursing care.	61264

A residential care facility that provides skilled nursing	61265
care pursuant to this division shall do both of the following:	61266

(1) Evaluate each resident receiving the skilled nursing care	61267
at least once every seven days to determine whether the resident	61268
should be transferred to a nursing home;	61269

(2) Meet the skilled nursing care needs of each resident	61270
receiving the care.	61271

(D)(1) A residential care facility may admit or retain a	61272
~~hospice patient~~an individual who requires skilled nursing care	61273
for more than one hundred twenty days in any twelve-month period	61274
only if the facility has entered into a written agreement with	61275
each of the following:	61276

(a) The individual or individual's sponsor;

61277

(b) The individual's personal physician;

61278

(c) Unless the individual's personal physician oversees the	61279
skilled nursing care, the provider of the skilled nursing care;	61280

(d) If the individual is a hospice patient as defined in	61281
section 3712.01 of the Revised Code, a hospice care program	61282
licensed under Chapter 3712. of the Revised Code. ~~The~~	61283

(2) The agreement ~~between the residential care facility and~~	61284
~~hospice program~~required by division (D)(1) of this section shall	61285
include all of the following provisions:	61286

~~(1)~~(a) That the ~~hospice patient~~individual will be provided	61287
skilled nursing care in the facility only if a determination has	61288
been made that the ~~patient's~~individual's needs can be met at the	61289
facility;	61290

~~(2)~~(b) That the ~~hospice patient~~individual will be retained	61291
in the facility only if periodic redeterminations are made that	61292
the ~~patient's~~individual's needs are being met at the facility;	61293

~~(3)~~(c) That the redeterminations will be made according to a	61294
schedule specified in the agreement;	61295

~~(4) That the~~(d) If the individual is a hospice patient, that	61296
the individual has been given an opportunity to choose the hospice	61297
care program that best meets the ~~patient's~~individual's needs;	61298

(e) Unless the individual is a hospice patient, that the	61299
individual's personal physician has determined that the skilled	61300
nursing care the individual needs is routine.	61301

(E) Notwithstanding any other provision of this chapter, a	61302
residential care facility in which residents receive skilled	61303
nursing care pursuant to this section is not a nursing home.	61304

Sec. 3721.02. (A) The director of health shall license homes	61305
and establish procedures to be followed in inspecting and	61306
licensing homes. The director may inspect a home at any time. Each	61307
home shall be inspected by the director at least once prior to the	61308
issuance of a license and at least once every fifteen months	61309
thereafter. The state fire marshal or a township, municipal, or	61310
other legally constituted fire department approved by the marshal	61311
shall also inspect a home prior to issuance of a license, at least	61312
once every fifteen months thereafter, and at any other time	61313
requested by the director. A home does not have to be inspected	61314
prior to issuance of a license by the director, state fire	61315
marshal, or a fire department if ownership of the home is assigned	61316
or transferred to a different person and the home was licensed	61317
under this chapter immediately prior to the assignment or	61318
transfer. The director may enter at any time, for the purposes of	61319
investigation, any institution, residence, facility, or other	61320
structure that has been reported to the director or that the	61321
director has reasonable cause to believe is operating as a nursing	61322
home, residential care facility, or home for the aging without a	61323
valid license required by section 3721.05 of the Revised Code or,	61324
in the case of a county home or district home, is operating	61325
despite the revocation of its residential care facility license.	61326
The director may delegate the director's authority and duties	61327
under this chapter to any division, bureau, agency, or official of	61328
the department of health.	61329

(B) A single facility may be licensed both as a nursing home	61330
pursuant to this chapter and as an adult care facility pursuant to	61331
Chapter ~~3722.~~5119. of the Revised Code if the director determines	61332
that the part or unit to be licensed as a nursing home can be	61333
maintained separate and discrete from the part or unit to be	61334
licensed as an adult care facility.	61335

(C) In determining the number of residents in a home for the	61336
purpose of licensing, the director shall consider all the	61337
individuals for whom the home provides accommodations as one group	61338
unless one of the following is the case:	61339

(1) The home is a home for the aging, in which case all the	61340
individuals in the part or unit licensed as a nursing home shall	61341
be considered as one group, and all the individuals in the part or	61342
unit licensed as a rest home shall be considered as another group.	61343

(2) The home is both a nursing home and an adult care	61344
facility. In that case, all the individuals in the part or unit	61345
licensed as a nursing home shall be considered as one group, and	61346
all the individuals in the part or unit licensed as an adult care	61347
facility shall be considered as another group.	61348

(3) The home maintains, in addition to a nursing home or	61349
residential care facility, a separate and discrete part or unit	61350
that provides accommodations to individuals who do not require or	61351
receive skilled nursing care and do not receive personal care	61352
services from the home, in which case the individuals in the	61353
separate and discrete part or unit shall not be considered in	61354
determining the number of residents in the home if the separate	61355
and discrete part or unit is in compliance with the Ohio basic	61356
building code established by the board of building standards under	61357
Chapters 3781. and 3791. of the Revised Code and the home permits	61358
the director, on request, to inspect the separate and discrete	61359
part or unit and speak with the individuals residing there, if	61360
they consent, to determine whether the separate and discrete part	61361
or unit meets the requirements of this division.	61362

(D)(1) The director of health shall charge the following	61363
application fee and annual renewal licensing and inspection fee	61364
for each fifty persons or part thereof of a home's licensed	61365
capacity:	61366

(a) For state fiscal year 2010, two hundred twenty dollars;

61367

(b) For state fiscal year 2011, two hundred seventy dollars;

61368

(c) For each state fiscal year thereafter, three hundred	61369
twenty dollars.	61370

(2) All fees collected by the director for the issuance or	61371
renewal of licenses shall be deposited into the state treasury to	61372
the credit of the general operations fund created in section	61373
3701.83 of the Revised Code for use only in administering and	61374
enforcing this chapter and rules adopted under it.	61375

(E)(1) Except as otherwise provided in this section, the	61376
results of an inspection or investigation of a home that is	61377
conducted under this section, including any statement of	61378
deficiencies and all findings and deficiencies cited in the	61379
statement on the basis of the inspection or investigation, shall	61380
be used solely to determine the home's compliance with this	61381
chapter or another chapter of the Revised Code in any action or	61382
proceeding other than an action commenced under division (I) of	61383
section 3721.17 of the Revised Code. Those results of an	61384
inspection or investigation, that statement of deficiencies, and	61385
the findings and deficiencies cited in that statement shall not be	61386
used in any court or in any action or proceeding that is pending	61387
in any court and are not admissible in evidence in any action or	61388
proceeding unless that action or proceeding is an appeal of an	61389
action by the department of health under this chapter or is an	61390
action by any department or agency of the state to enforce this	61391
chapter or another chapter of the Revised Code.	61392

(2) Nothing in division (E)(1) of this section prohibits the	61393
results of an inspection or investigation conducted under this	61394
section from being used in a criminal investigation or	61395
prosecution.	61396

Sec. 3721.04. (A) The public health council shall adopt and	61397
publish rules governing the operation of homes, which shall have	61398
uniform application throughout the state, and shall prescribe	61399
standards for homes with respect to, but not limited to, the	61400
following matters:	61401

(1) The minimum space requirements for occupants and	61402
equipping of the buildings in which homes are housed so as to	61403
ensure healthful, safe, sanitary, and comfortable conditions for	61404
all residents, so long as they are not inconsistent with Chapters	61405
3781. and 3791. of the Revised Code or with any rules adopted by	61406
the board of building standards and by the state fire marshal;	61407

(2) The number and qualifications of personnel, including	61408
management and nursing staff, for each class of home, and the	61409
qualifications of nurse aides, as defined in section 3721.21 of	61410
the Revised Code, used by long-term care facilities, as defined in	61411
that section;	61412

(3) The medical, rehabilitative, and recreational services to	61413
be provided by each class of home;	61414

(4) Dietetic services, including but not limited to	61415
sanitation, nutritional adequacy, and palatability of food;	61416

(5) The personal and social services to be provided by each	61417
class of home;	61418

(6) The business and accounting practices to be followed and	61419
the type of patient and business records to be kept by such homes;	61420

(7) The operation of adult day-care programs provided by and	61421
on the same site as homes licensed under this chapter;	61422

(8) The standards and procedures to be followed by	61423
residential care facilities in admitting and retaining a resident	61424
who requires the application of dressings, including requirements	61425
for charting and evaluating on a weekly basis;	61426

(9) The requirements for conducting weekly evaluations of	61427
residents receiving skilled nursing care in residential care	61428
facilities.	61429

(B) The public health council may adopt whatever additional	61430
rules are necessary to carry out or enforce the provisions of	61431
sections 3721.01 to 3721.09 and 3721.99 of the Revised Code.	61432

(C) The following apply to the public health council when	61433
adopting rules under division (A)(2) of this section regarding the	61434
number and qualifications of personnel in homes:	61435

(1) When adopting rules applicable to residential care	61436
facilities, the public health council shall take into	61437
consideration the effect that the following may have on the number	61438
of personnel needed:	61439

(a) Provision of personal care services;

61440

(b) Provision of part-time, intermittent skilled nursing care	61441
pursuant to division (C) of section 3721.011 of the Revised Code;	61442

(c) Provision of skilled nursing care to ~~hospice patients~~	61443
residents pursuant to division (D) of section 3721.011 of the	61444
Revised Code.	61445

(2) The rules prescribing qualifications of nurse aides used	61446
by long-term care facilities, as those terms are defined in	61447
section 3721.21 of the Revised Code, shall be no less stringent	61448
than the requirements, guidelines, and procedures established by	61449
the United States secretary of health and human services under	61450
sections 1819 and 1919 of the "Social Security Act," 49 Stat. 620	61451
(1935), 42 U.S.C.A. 301, as amended.	61452

Sec. 3721.16. For each resident of a home, notice of a	61453
proposed transfer or discharge shall be in accordance with this	61454
section.	61455

(A)(1) The administrator of a home shall notify a resident in	61456
writing, and the resident's sponsor in writing by certified mail,	61457
return receipt requested, in advance of any proposed transfer or	61458
discharge from the home. The administrator shall send a copy of	61459
the notice to the state department of health. The notice shall be	61460
provided at least thirty days in advance of the proposed transfer	61461
or discharge, unless any of the following applies:	61462

(a) The resident's health has improved sufficiently to allow	61463
a more immediate discharge or transfer to a less skilled level of	61464
care;	61465

(b) The resident has resided in the home less than thirty	61466
days;	61467

(c) An emergency arises in which the safety of individuals in	61468
the home is endangered;	61469

(d) An emergency arises in which the health of individuals in	61470
the home would otherwise be endangered;	61471

(e) An emergency arises in which the resident's urgent	61472
medical needs necessitate a more immediate transfer or discharge.	61473

In any of the circumstances described in divisions (A)(1)(a)	61474
to (e) of this section, the notice shall be provided as many days	61475
in advance of the proposed transfer or discharge as is	61476
practicable.	61477

(2) The notice required under division (A)(1) of this section	61478
shall include all of the following:	61479

(a) The reasons for the proposed transfer or discharge;

61480

(b) The proposed date the resident is to be transferred or	61481
discharged;	61482

(c) The proposed location to which the resident is to be	61483
transferred or discharged;	61484

(d) Notice of the right of the resident and the resident's	61485
sponsor to an impartial hearing at the home on the proposed	61486
transfer or discharge, and of the manner in which and the time	61487
within which the resident or sponsor may request a hearing	61488
pursuant to section 3721.161 of the Revised Code;	61489

(e) A statement that the resident will not be transferred or	61490
discharged before the date specified in the notice unless the home	61491
and the resident or, if the resident is not competent to make a	61492
decision, the home and the resident's sponsor, agree to an earlier	61493
date;	61494

(f) The address of the legal services office of the	61495
department of health;	61496

(g) The name, address, and telephone number of a	61497
representative of the state long-term care ombudsperson program	61498
and, if the resident or patient has a developmental disability or	61499
mental illness, the name, address, and telephone number of the	61500
Ohio ~~legal rights service~~protection and advocacy system.	61501

(B) No home shall transfer or discharge a resident before the	61502
date specified in the notice required by division (A) of this	61503
section unless the home and the resident or, if the resident is	61504
not competent to make a decision, the home and the resident's	61505
sponsor, agree to an earlier date.	61506

(C) Transfer or discharge actions shall be documented in the	61507
resident's medical record by the home if there is a medical basis	61508
for the action.	61509

(D) A resident or resident's sponsor may challenge a transfer	61510
or discharge by requesting an impartial hearing pursuant to	61511
section 3721.161 of the Revised Code, unless the transfer or	61512
discharge is required because of one of the following reasons:	61513

(1) The home's license has been revoked under this chapter;

61514

(2) The home is being closed pursuant to section 3721.08,	61515
sections 5111.35 to 5111.62, or section 5155.31 of the Revised	61516
Code;	61517

(3) The resident is a recipient of medicaid and the home's	61518
participation in the medicaid program has been involuntarily	61519
terminated or denied by the federal government;	61520

(4) The resident is a beneficiary under the medicare program	61521
and the home's certification under the medicare program has been	61522
involuntarily terminated or denied by the federal government.	61523

(E) If a resident is transferred or discharged pursuant to	61524
this section, the home from which the resident is being	61525
transferred or discharged shall provide the resident with adequate	61526
preparation prior to the transfer or discharge to ensure a safe	61527
and orderly transfer or discharge from the home, and the home or	61528
alternative setting to which the resident is to be transferred or	61529
discharged shall have accepted the resident for transfer or	61530
discharge.	61531

(F) At the time of a transfer or discharge of a resident who	61532
is a recipient of medicaid from a home to a hospital or for	61533
therapeutic leave, the home shall provide notice in writing to the	61534
resident and in writing by certified mail, return receipt	61535
requested, to the resident's sponsor, specifying the number of	61536
days, if any, during which the resident will be permitted under	61537
the medicaid program to return and resume residence in the home	61538
and specifying the medicaid program's coverage of the days during	61539
which the resident is absent from the home. An individual who is	61540
absent from a home for more than the number of days specified in	61541
the notice and continues to require the services provided by the	61542
facility shall be given priority for the first available bed in a	61543
semi-private room.	61544

Sec. 3721.50. As used in sections 3721.50 to 3721.58 of the	61545
Revised Code:	61546

(A) "Franchise permit fee rate" means the ~~amount determined~~	61547
~~as follows~~following:	61548

(1) ~~Determine the difference between the following:~~

61549

~~(a) The total net patient revenue, less medicaid per diem~~	61550
~~payments, of all nursing homes and hospital long-term care units~~	61551
~~as shown on cost reports filed under section 5111.26 of the~~	61552
~~Revised Code for the calendar year immediately preceding the~~	61553
~~fiscal year for which the franchise permit fee is assessed under~~	61554
~~section 3721.51 of the Revised Code~~For fiscal year 2012, eleven	61555
dollars and thirty-eight cents;	61556

~~(b) The total net patient revenue, less medicaid per diem~~	61557
~~payments, of all nursing homes and hospital long-term care units~~	61558
~~as shown on cost reports filed under section 5111.26 of the~~	61559
~~Revised Code for the calendar year immediately preceding the~~	61560
~~calendar year that immediately precedes the fiscal year for which~~	61561
~~the franchise permit fee is assessed under section 3721.51 of the~~	61562
~~Revised Code.~~	61563

(2) ~~Multiply the amount determined under division (A)(1) of~~	61564
~~this section by five and five-tenths per cent;~~	61565

~~(3) Divide the amount determined under division (A)(2) of~~	61566
~~this section by the total number of days in the fiscal year for~~	61567
~~which the franchise permit fee is assessed under section 3721.51~~	61568
~~of the Revised Code;~~	61569

~~(4) Subtract eleven dollars and ninety-five cents from the~~	61570
~~amount determined under division (A)(3) of this section;~~	61571

~~(5) Add eleven dollars and ninety-five cents to the amount~~	61572
~~determined under division (A)(4) of this section~~For fiscal year	61573
2013 and each fiscal year thereafter, eleven dollars and sixty	61574
cents.	61575

(B) "Hospital" has the same meaning as in section 3727.01 of	61576
the Revised Code.	61577

(C) "Hospital long-term care unit" means any distinct part of	61578
a hospital in which any of the following beds are located:	61579

(1) Beds registered pursuant to section 3701.07 of the	61580
Revised Code as skilled nursing facility beds or long-term care	61581
beds;	61582

(2) Beds licensed as nursing home beds under section 3721.02	61583
or 3721.09 of the Revised Code.	61584

(D) "Indirect guarantee percentage" means the percentage	61585
specified in section 1903(w)(4)(C)(ii) of the "Social Security	61586
Act," 120 Stat. 2994 (2006), 42 U.S.C. 1396b(w)(4)(C)(ii) that is	61587
to be used in determining whether a class of providers is	61588
indirectly held harmless for any portion of the costs of a	61589
broad-based health-care-related tax. If the indirect guarantee	61590
percentage changes during a fiscal year, the indirect guarantee	61591
percentage is the following:	61592

(1) For the part of the fiscal year before the change takes	61593
effect, the percentage in effect before the change;	61594

(2) For the part of the fiscal year beginning with the date	61595
the indirect guarantee percentage changes, the new percentage.	61596

(E) "Inpatient days" means all days during which a resident	61597
of a nursing facility, regardless of payment source, occupies a	61598
bed in the nursing facility that is included in the facility's	61599
certified capacity under Title XIX. Therapeutic or hospital leave	61600
days for which payment is made under section 5111.26 of the	61601
Revised Code are considered inpatient days proportionate to the	61602
percentage of the facility's per resident per day rate paid for	61603
those days.	61604

~~(E)~~(F) "Medicaid" has the same meaning as in section 5111.01	61605
of the Revised Code.	61606

~~(F)~~(G) "Medicaid day" means all days during which a resident	61607
who is a medicaid recipient occupies a bed in a nursing facility	61608
that is included in the facility's certified capacity under Title	61609
XIX. Therapeutic or hospital leave days for which payment is made	61610
under section 5111.26 of the Revised Code are considered medicaid	61611
days proportionate to the percentage of the nursing facility's per	61612
resident per day rate for those days.	61613

~~(G)~~(H) "Medicare" means the program established by Title	61614
XVIII.	61615

~~(H)~~(I) "Nursing facility" has the same meaning as in section	61616
5111.20 of the Revised Code.	61617

~~(I)~~(J)(1) "Nursing home" means all of the following:

61618

(a) A nursing home licensed under section 3721.02 or 3721.09	61619
of the Revised Code, including any part of a home for the aging	61620
licensed as a nursing home;	61621

(b) A facility or part of a facility, other than a hospital,	61622
that is certified as a skilled nursing facility under Title XVIII;	61623

(c) A nursing facility, other than a portion of a hospital	61624
certified as a nursing facility.	61625

(2) "Nursing home" does not include any of the following:

61626

(a) A county home, county nursing home, or district home	61627
operated pursuant to Chapter 5155. of the Revised Code;	61628

(b) A nursing home maintained and operated by the department	61629
of veterans services under section 5907.01 of the Revised Code;	61630

(c) A nursing home or part of a nursing home licensed under	61631
section 3721.02 or 3721.09 of the Revised Code that is certified	61632
as an intermediate care facility for the mentally retarded under	61633
Title XIX.	61634

~~(J)~~(K) "Title XIX" means Title XIX of the "Social Security	61635
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended.	61636

~~(K)~~(L) "Title XVIII" means Title XVIII of the "Social	61637
Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.	61638

Sec. 3721.51. The department of job and family services	61639
shall do all of the following:	61640

(A) Subject to sections 3721.512 and 3721.513 of the Revised	61641
Code and divisions (C) and (D) of this section and for the	61642
purposes specified in ~~sections~~section 3721.56 ~~and 3721.561~~ of the	61643
Revised Code, determine an annual franchise permit fee on each	61644
nursing home in an amount equal to the franchise permit fee rate	61645
multiplied by the product of the following:	61646

(1) The number of beds licensed as nursing home beds, plus	61647
any other beds certified as skilled nursing facility beds under	61648
Title XVIII or nursing facility beds under Title XIX on the first	61649
day of May of the calendar year in which the fee is determined	61650
pursuant to division (A) of section 3721.53 of the Revised Code;	61651

(2) The number of days in the fiscal year beginning on the	61652
first day of July of the calendar year in which the fee is	61653
determined pursuant to division (A) of section 3721.53 of the	61654
Revised Code.	61655

(B) Subject to sections 3721.512 and 3721.513 of the Revised	61656
Code and divisions (C) and (D) of this section and for the	61657
purposes specified in ~~sections~~section 3721.56 ~~and 3721.561~~ of the	61658
Revised Code, determine an annual franchise permit fee on each	61659
hospital in an amount equal to the franchise permit fee rate	61660
multiplied by the product of the following:	61661

(1) The number of beds registered pursuant to section 3701.07	61662
of the Revised Code as skilled nursing facility beds or long-term	61663
care beds, plus any other beds licensed as nursing home beds under	61664
section 3721.02 or 3721.09 of the Revised Code, on the first day	61665
of May of the calendar year in which the fee is determined	61666
pursuant to division (A) of section 3721.53 of the Revised Code;	61667

(2) The number of days in the fiscal year beginning on the	61668
first day of July of the calendar year in which the fee is	61669
determined pursuant to division (A) of section 3721.53 of the	61670
Revised Code.	61671

(C) If the total amount of the franchise permit fee assessed	61672
under divisions (A) and (B) of this section for a fiscal year	61673
exceeds ~~five and one-half per cent~~the indirect guarantee	61674
percentage of the actual net patient revenue for all nursing homes	61675
and hospital long-term care units for that fiscal year, do both of	61676
the following:	61677

(1) Recalculate the assessments under divisions (A) and (B)	61678
of this section using a per bed per day rate equal to ~~five and~~	61679
~~one-half per cent~~the indirect guarantee percentage of actual net	61680
patient revenue for all nursing homes and hospital long-term care	61681
units for that fiscal year;	61682

(2) Refund the difference between the amount of the franchise	61683
permit fee assessed for that fiscal year under divisions (A) and	61684
(B) of this section and the amount recalculated under division	61685
(C)(1) of this section as a credit against the assessments imposed	61686
under divisions (A) and (B) of this section for the subsequent	61687
fiscal year.	61688

(D) If the United States centers for medicare and medicaid	61689
services determines that the franchise permit fee established by	61690
sections 3721.50 to 3721.58 of the Revised Code is an	61691
impermissible health care-related tax under section 1903(w) of the	61692
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 1396b(w), as	61693
amended, take all necessary actions to cease implementation of	61694
sections 3721.50 to 3721.58 of the Revised Code in accordance with	61695
rules adopted under section 3721.58 of the Revised Code.	61696

~~Sec. 3721.561.~~ Sec. 3721.56. (A) There is hereby created in the	61697
state treasury the nursing ~~facility stabilization~~home franchise	61698
permit fee fund. All payments and penalties paid by nursing homes	61699
and hospitals under sections 3721.53 and 3721.54 of the Revised	61700
Code ~~that are not deposited into the home and community-based~~	61701
~~services for the aged fund~~ shall be deposited into the fund. The	61702
fund shall also consist of money deposited into it pursuant to	61703
sections 3769.08 and 3769.26 of the Revised Code. Subject to	61704
division (B) of section 3769.08 of the Revised Code, the	61705
department of job and family services shall use the money in the	61706
fund to make medicaid payments to providers of nursing ~~facilities~~	61707
facility services and providers of home and community-based	61708
services. Money in the fund may also be used for the residential	61709
state supplement program established under section 5119.69 of the	61710
Revised Code.	61711

(B) Any money remaining in the nursing ~~facility stabilization~~	61712
home franchise permit fee fund after payments specified in	61713
division (A) of this section are made shall be retained in the	61714
fund. Any interest or other investment proceeds earned on money in	61715
the fund shall be credited to the fund and used to make medicaid	61716
payments in accordance with division (A) of this section.	61717

Sec. 3721.58. The director of job and family services shall	61718
adopt rules in accordance with Chapter 119. of the Revised Code to	61719
do ~~all~~both of the following:	61720

(A) Prescribe the actions the department of job and family	61721
services will take to cease implementation of sections 3721.50	61722
through 3721.57 of the Revised Code if the United States centers	61723
for medicare and medicaid services determines that the franchise	61724
permit fee established by those sections is an impermissible	61725
health-care related tax under section 1903(w) of the "Social	61726
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 1396b(w), as	61727
amended;	61728

(B) ~~Establish the method of distributing moneys in the home~~	61729
~~and community-based services for the aged fund created under~~	61730
~~section 3721.56 of the Revised Code;~~	61731

~~(C)~~ Establish any requirements or procedures the director	61732
considers necessary to implement sections 3721.50 to 3721.58 of	61733
the Revised Code.	61734

Sec. 3727.60. (A) As used in this section:

61735

(1) "Discharge planning" means the formal process for	61736
determining, prior to a patient's discharge from a hospital, the	61737
coordination and management of the care that the patient is to	61738
receive following discharge from the hospital.	61739

(2) "Home health agency" has the same meaning as in section	61740
3701.881 of the Revised Code.	61741

(B) If a hospital conducts discharge planning for a medicaid	61742
recipient and determines that the recipient has a need for	61743
rehabilitation on a temporary basis, as opposed to a need for	61744
long-term care services, the hospital shall first attempt to	61745
secure rehabilitation for the recipient through a home health	61746
agency. To facilitate this responsibility, the hospital shall	61747
maintain a resource guide of the home health agencies operating in	61748
the community in which the hospital is located.	61749

Sec. 3729.01. As used in this chapter:

61750

(A) "Camp operator" means the operator of a recreational	61751
vehicle park, recreation camp, combined park-camp, or temporary	61752
park-camp.	61753

(B) "Campsite user" means a person who enters into a campsite	61754
use agreement with a camp operator for the use of a campsite at a	61755
recreational vehicle park, recreation camp, combined park-camp, or	61756
temporary park-camp.	61757

(C) "Combined park-camp" means any tract of land upon which a	61758
combination of five or more self-contained recreational vehicles	61759
or portable camping units are placed and includes any roadway,	61760
building, structure, vehicle, or enclosure used or intended for	61761
use as part of the park facilities. A tract of land that is	61762
subdivided for lease or other contract of the individual lots is a	61763
combined park-camp if a combination of five or more recreational	61764
vehicles or portable camping units are placed on it for	61765
recreation, vacation, or business purposes.	61766

"Combined park-camp" does not include any tract of land used	61767
solely as a temporary park-camp or solely as a manufactured home	61768
park.	61769

(D) "Dependent recreational vehicle" means a recreational	61770
vehicle other than a self-contained recreational vehicle.	61771
"Dependent recreational vehicle" includes a park model.	61772

(E) "Development" means any artificial change to improved or	61773
unimproved real estate, including, without limitation, buildings	61774
or structures, dredging, filling, grading, paving, excavation or	61775
drilling operations, or storage of equipment or materials, and the	61776
construction, expansion, or substantial alteration of a	61777
recreational vehicle park, recreation camp, or combined park-camp,	61778
for which plan review is required under division (A) of section	61779
3729.03 of the Revised Code. "Development" does not include the	61780
building, construction, erection, or manufacture of any building	61781
to which section 3781.06 of the Revised Code is applicable.	61782

(F) "Director of health" means the director of health or the	61783
director's authorized representative.	61784

(G) "Flood" or "flooding" means either of the following:

61785

(1) A general and temporary condition of partial or complete	61786
inundation of normally dry land areas from any of the following:	61787

(a) The overflow of inland or tidal waters;

61788

(b) The unusual and rapid accumulation or runoff of surface	61789
waters from any source;	61790

(c) Mudslides that are proximately caused by flooding as	61791
defined in division (G)(1)(b) of this section and that are akin to	61792
a river of liquid and flowing mud on the surface of normally dry	61793
land areas, as when earth is carried by a current of water and	61794
deposited along the path of the current.	61795

(2) The collapse or subsidence of land along the shore of a	61796
lake or other body of water as a result of erosion or undermining	61797
that is caused by waves or currents of water exceeding anticipated	61798
cyclical levels or that is suddenly caused by an unusually high	61799
water level in a natural body of water, and that is accompanied by	61800
a severe storm, by an unanticipated force of nature, such as a	61801
flash flood, by an abnormal tidal surge, or by some similarly	61802
unusual and unforeseeable event, that results in flooding as	61803
defined in division (G)(1)(a) of this section.	61804

(H) "Flood plain" means the area adjoining any river, stream,	61805
watercourse, or lake that has been or may be covered by flood	61806
water.	61807

(I) "Licensor" means either the board of health of a city or	61808
general health district, or the authority having the duties of a	61809
board of health in any city as authorized by section 3709.05 of	61810
the Revised Code, or the director of health, when required under	61811
division (B) of section 3729.06 of the Revised Code. "Licensor"	61812
also means an authorized representative of any of those entities	61813
or of the director.	61814

(J) "Manufactured home park" has the same meaning as in	61815
section ~~3733.01~~4781.01 of the Revised Code.	61816

(K) "One-hundred-year flood" means a flood having a one per	61817
cent chance of being equaled or exceeded in any given year.	61818

(L) "One-hundred-year flood plain" means that portion of a	61819
flood plain inundated by a one-hundred-year flood.	61820

(M) "Operator" means the person who has responsible charge of	61821
a recreational vehicle park, recreation camp, combined park-camp,	61822
or temporary park-camp and who is licensed under this chapter.	61823

(N) "Park model" means a recreational vehicle that meets the	61824
American national standard institute standard A119.5(1988) for	61825
park trailers, is built on a single chassis, has a gross trailer	61826
area of not more than four hundred square feet when set up, is	61827
designed for seasonal or temporary living quarters, and may be	61828
connected to utilities necessary for operation of installed	61829
features and appliances.	61830

(O) "Person" has the same meaning as in section 1.59 of the	61831
Revised Code and also includes this state, any political	61832
subdivision of this state, and any other state or local body of	61833
this state.	61834

(P) "Portable camping units" means dependent recreational	61835
vehicles, tents, portable sleeping equipment, and similar camping	61836
equipment used for travel, recreation, vacation, or business	61837
purposes.	61838

(Q) "Recreation camp" means any tract of land upon which five	61839
or more portable camping units are placed and includes any	61840
roadway, building, structure, vehicle, or enclosure used or	61841
intended for use as a part of the facilities of the camp. A tract	61842
of land that is subdivided for lease or other contract of the	61843
individual lots is a recreation camp if five or more portable	61844
camping units are placed on it for recreation, vacation, or	61845
business purposes.	61846

"Recreation camp" does not include any tract of land used	61847
solely for the storage or display for sale of dependent	61848
recreational vehicles, solely as a temporary park-camp, or solely	61849
as a manufactured home park.	61850

(R) "Recreational vehicle" has the same meaning as in section	61851
4501.01 of the Revised Code.	61852

(S) "Recreational vehicle park" means any tract of land used	61853
for parking five or more self-contained recreational vehicles and	61854
includes any roadway, building, structure, vehicle, or enclosure	61855
used or intended for use as part of the park facilities and any	61856
tract of land that is subdivided for lease or other contract of	61857
the individual lots for the express or implied purpose of placing	61858
self-contained recreational vehicles for recreation, vacation, or	61859
business purposes.	61860

"Recreational vehicle park" does not include any tract of	61861
land used solely for the storage or display for sale of	61862
self-contained recreational vehicles, solely as a temporary	61863
park-camp, or solely as a manufactured home park.	61864

(T) "Self-contained recreational vehicle" means a	61865
recreational vehicle that can operate independent of connections	61866
to sewer and water and has plumbing fixtures or appliances all of	61867
which are connected to sewage holding tanks located within the	61868
vehicle. "Self-contained recreational vehicle" includes a park	61869
model.	61870

(U) "Substantially alter" means a change in the layout or	61871
design of a recreational vehicle park, recreation camp, combined	61872
park-camp, or temporary park-camp, including, without limitation,	61873
the movement of utilities or changes in established streets, lots,	61874
or sites or in other facilities.	61875

(V) "Temporary park-camp" means any tract of land used for a	61876
period not to exceed a total of twenty-one days per calendar year	61877
for the purpose of parking five or more recreational vehicles,	61878
dependent recreational vehicles, or portable camping units, or any	61879
combination thereof, for one or more periods of time that do not	61880
exceed seven consecutive days or parts thereof.	61881

(W) "Tract" means a contiguous area of land that consists of	61882
one or more parcels, lots, or sites that have been separately	61883
surveyed regardless of whether the individual parcels, lots, or	61884
sites have been recorded and regardless of whether the one or more	61885
parcels, lots, or sites are under common or different ownership.	61886

Sec. 3733.41. As used in sections 3733.41 to 3733.49 of the	61887
Revised Code:	61888

(A) "Agricultural labor camp" means one or more buildings or	61889
structures, trailers, tents, or vehicles, together with any land	61890
appertaining thereto, established, operated, or used as temporary	61891
living quarters for two or more families or five or more persons	61892
intending to engage in or engaged in agriculture or related food	61893
processing, whether occupancy is by rent, lease, or mutual	61894
agreement. "Agricultural labor camp" does not include a hotel or	61895
motel, or a ~~trailer~~manufactured home park ~~as defined and~~	61896
regulated pursuant to sections ~~3733.01~~4781.26 to ~~3733.08~~4781.52	61897
of the Revised Code, and rules adopted thereunder.	61898

(B) "Board of health" means the board of health of a city or	61899
general health district or the authority having the duties of a	61900
board of health in any city as authorized by section 3709.05 of	61901
the Revised Code or an authorized representative of the board of	61902
health.	61903

(C) "Director" means the director of the department of health	61904
or ~~his~~the director's authorized representative.	61905

(D) "Licensor" means the director of health.

61906

(E) "Person" means the state, any political subdivision,	61907
public or private corporation, partnership, association, trust,	61908
individual, or other entity.	61909

(F) "Public health council" means the public health council	61910
as created by section 3701.33 of the Revised Code.	61911

Sec. 3733.99. (A) ~~Whoever violates division (A) of section~~	61912
~~3733.08 of the Revised Code is guilty of a misdemeanor of the~~	61913
~~fourth degree.~~	61914

~~(B)~~ Whoever violates section 3733.30 of the Revised Code is	61915
guilty of a minor misdemeanor. Each day that such violation	61916
continues is a separate offense.	61917

~~(C)~~(B) Whoever violates section 3733.48 of the Revised Code	61918
is guilty of a minor misdemeanor.	61919

Sec. 3734.02. (A) The director of environmental protection,	61920
in accordance with Chapter 119. of the Revised Code, shall adopt	61921
and may amend, suspend, or rescind rules having uniform	61922
application throughout the state governing solid waste facilities	61923
and the inspections of and issuance of permits and licenses for	61924
all solid waste facilities in order to ensure that the facilities	61925
will be located, maintained, and operated, and will undergo	61926
closure and post-closure care, in a sanitary manner so as not to	61927
create a nuisance, cause or contribute to water pollution, create	61928
a health hazard, or violate 40 C.F.R. 257.3-2 or 40 C.F.R.	61929
257.3-8, as amended. The rules may include, without limitation,	61930
financial assurance requirements for closure and post-closure care	61931
and corrective action and requirements for taking corrective	61932
action in the event of the surface or subsurface discharge or	61933
migration of explosive gases or leachate from a solid waste	61934
facility, or of ground water contamination resulting from the	61935
transfer or disposal of solid wastes at a facility, beyond the	61936
boundaries of any area within a facility that is operating or is	61937
undergoing closure or post-closure care where solid wastes were	61938
disposed of or are being disposed of. The rules shall not concern	61939
or relate to personnel policies, salaries, wages, fringe benefits,	61940
or other conditions of employment of employees of persons owning	61941
or operating solid waste facilities. The director, in accordance	61942
with Chapter 119. of the Revised Code, shall adopt and may amend,	61943
suspend, or rescind rules governing the issuance, modification,	61944
revocation, suspension, or denial of variances from the director's	61945
solid waste rules, including, without limitation, rules adopted	61946
under this chapter governing the management of scrap tires.	61947

Variances shall be issued, modified, revoked, suspended, or	61948
rescinded in accordance with this division, rules adopted under	61949
it, and Chapter 3745. of the Revised Code. The director may order	61950
the person to whom a variance is issued to take such action within	61951
such time as the director may determine to be appropriate and	61952
reasonable to prevent the creation of a nuisance or a hazard to	61953
the public health or safety or the environment. Applications for	61954
variances shall contain such detail plans, specifications, and	61955
information regarding objectives, procedures, controls, and other	61956
pertinent data as the director may require. The director shall	61957
grant a variance only if the applicant demonstrates to the	61958
director's satisfaction that construction and operation of the	61959
solid waste facility in the manner allowed by the variance and any	61960
terms or conditions imposed as part of the variance will not	61961
create a nuisance or a hazard to the public health or safety or	61962
the environment. In granting any variance, the director shall	61963
state the specific provision or provisions whose terms are to be	61964
varied and also shall state specific terms or conditions imposed	61965
upon the applicant in place of the provision or provisions. The	61966
director may hold a public hearing on an application for a	61967
variance or renewal of a variance at a location in the county	61968
where the operations that are the subject of the application for	61969
the variance are conducted. The director shall give not less than	61970
twenty days' notice of the hearing to the applicant by certified	61971
mail and shall publish at least one notice of the hearing in a	61972
newspaper with general circulation in the county where the hearing	61973
is to be held. The director shall make available for public	61974
inspection at the principal office of the environmental protection	61975
agency a current list of pending applications for variances and a	61976
current schedule of pending variance hearings. The director shall	61977
make a complete stenographic record of testimony and other	61978
evidence submitted at the hearing. Within ten days after the	61979
hearing, the director shall make a written determination to issue,	61980
renew, or deny the variance and shall enter the determination and	61981
the basis for it into the record of the hearing. The director	61982
shall issue, renew, or deny an application for a variance or	61983
renewal of a variance within six months of the date upon which the	61984
director receives a complete application with all pertinent	61985
information and data required. No variance shall be issued,	61986
revoked, modified, or denied until the director has considered the	61987
relative interests of the applicant, other persons and property	61988
affected by the variance, and the general public. Any variance	61989
granted under this division shall be for a period specified by the	61990
director and may be renewed from time to time on such terms and	61991
for such periods as the director determines to be appropriate. No	61992
application shall be denied and no variance shall be revoked or	61993
modified without a written order stating the findings upon which	61994
the denial, revocation, or modification is based. A copy of the	61995
order shall be sent to the applicant or variance holder by	61996
certified mail.	61997

(B) The director shall prescribe and furnish the forms	61998
necessary to administer and enforce this chapter. The director may	61999
cooperate with and enter into agreements with other state, local,	62000
or federal agencies to carry out the purposes of this chapter. The	62001
director may exercise all incidental powers necessary to carry out	62002
the purposes of this chapter.	62003

The director may use moneys in the infectious waste	62004
management fund created in section 3734.021 of the Revised Code	62005
exclusively for administering and enforcing the provisions of this	62006
chapter governing the management of infectious wastes. Of each	62007
registration and renewal fee collected under rules adopted under	62008
division (A)(2)(a) of section 3734.021 or under section 3734.022	62009
of the Revised Code, the director, within forty-five days of its	62010
receipt, shall remit from the fund one-half of the fee received to	62011
the board of health of the health district in which the registered	62012
premises is located, or, in the instance of an infectious wastes	62013
transporter, to the board of health of the health district in	62014
which the transporter's principal place of business is located.	62015
However, if the board of health having jurisdiction over a	62016
registrant's premises or principal place of business is not on the	62017
approved list under section 3734.08 of the Revised Code, the	62018
director shall not make that payment to the board of health.	62019

(C) Except as provided in this division and divisions (N)(2)	62020
and (3) of this section, no person shall establish a new solid	62021
waste facility or infectious waste treatment facility, or modify	62022
an existing solid waste facility or infectious waste treatment	62023
facility, without submitting an application for a permit with	62024
accompanying detail plans, specifications, and information	62025
regarding the facility and method of operation and receiving a	62026
permit issued by the director, except that no permit shall be	62027
required under this division to install or operate a solid waste	62028
facility for sewage sludge treatment or disposal when the	62029
treatment or disposal is authorized by a current permit issued	62030
under Chapter 3704. or 6111. of the Revised Code.	62031

No person shall continue to operate a solid waste facility	62032
for which the director has denied a permit for which an	62033
application was required under division (A)(3) of section 3734.05	62034
of the Revised Code, or for which the director has disapproved	62035
plans and specifications required to be filed by an order issued	62036
under division (A)(5) of that section, after the date prescribed	62037
for commencement of closure of the facility in the order issued	62038
under division (A)(6) of section 3734.05 of the Revised Code	62039
denying the permit application or approval.	62040

On and after the effective date of the rules adopted under	62041
division (A) of this section and division (D) of section 3734.12	62042
of the Revised Code governing solid waste transfer facilities, no	62043
person shall establish a new, or modify an existing, solid waste	62044
transfer facility without first submitting an application for a	62045
permit with accompanying engineering detail plans, specifications,	62046
and information regarding the facility and its method of operation	62047
to the director and receiving a permit issued by the director.	62048

No person shall establish a new compost facility or continue	62049
to operate an existing compost facility that accepts exclusively	62050
source separated yard wastes without submitting a completed	62051
registration for the facility to the director in accordance with	62052
rules adopted under divisions (A) and (N)(3) of this section.	62053

This division does not apply to an infectious waste treatment	62054
facility that meets any of the following conditions:	62055

(1) Is owned or operated by the generator of the wastes and	62056
exclusively treats, by methods, techniques, and practices	62057
established by rules adopted under division (C)(1) or (3) of	62058
section 3734.021 of the Revised Code, wastes that are generated at	62059
any premises owned or operated by that generator regardless of	62060
whether the wastes are generated on the premises where the	62061
generator's treatment facility is located or, if the generator is	62062
a hospital as defined in section 3727.01 of the Revised Code,	62063
infectious wastes that are described in division (A)(1)(g), (h),	62064
or (i) of section 3734.021 of the Revised Code;	62065

(2) Holds a license or renewal of a license to operate a	62066
crematory facility issued under Chapter 4717. and a permit issued	62067
under Chapter 3704. of the Revised Code;	62068

(3) Treats or disposes of dead animals or parts thereof, or	62069
the blood of animals, and is subject to any of the following:	62070

(a) Inspection under the "Federal Meat Inspection Act," 81	62071
Stat. 584 (1967), 21 U.S.C.A. 603, as amended;	62072

(b) Chapter 918. of the Revised Code;

62073

62074

(D) Neither this chapter nor any rules adopted under it apply	62075
to single-family residential premises; to infectious wastes	62076
generated by individuals for purposes of their own care or	62077
treatment that are disposed of with solid wastes from the	62078
individual's residence; to the temporary storage of solid wastes,	62079
other than scrap tires, prior to their collection for disposal; to	62080
the storage of one hundred or fewer scrap tires unless they are	62081
stored in such a manner that, in the judgment of the director or	62082
the board of health of the health district in which the scrap	62083
tires are stored, the storage causes a nuisance, a hazard to	62084
public health or safety, or a fire hazard; or to the collection of	62085
solid wastes, other than scrap tires, by a political subdivision	62086
or a person holding a franchise or license from a political	62087
subdivision of the state; to composting, as defined in section	62088
1511.01 of the Revised Code, conducted in accordance with section	62089
1511.022 of the Revised Code; or to any person who is licensed to	62090
transport raw rendering material to a compost facility pursuant to	62091
section 953.23 of the Revised Code.	62092

(E)(1) As used in this division:

62093

(a) "On-site facility" means a facility that stores, treats,	62094
or disposes of hazardous waste that is generated on the premises	62095
of the facility.	62096

(b) "Off-site facility" means a facility that stores, treats,	62097
or disposes of hazardous waste that is generated off the premises	62098
of the facility and includes such a facility that is also an	62099
on-site facility.	62100

62101

(i) An on-site facility that also receives hazardous waste	62102
from other premises owned by the same person who generates the	62103
waste on the facility premises;	62104

(ii) An off-site facility operated so that all of the	62105
hazardous waste it receives is generated on one or more premises	62106
owned by the person who owns the facility;	62107

(iii) An on-site facility that also receives hazardous waste	62108
that is transported uninterruptedly and directly to the facility	62109
through a pipeline from a generator who is not the owner of the	62110
facility.	62111

(2) Except as provided in division (E)(3) of this section, no	62112
person shall establish or operate a hazardous waste facility, or	62113
use a solid waste facility for the storage, treatment, or disposal	62114
of any hazardous waste, without a hazardous waste facility	62115
installation and operation permit issued in accordance with	62116
section 3734.05 of the Revised Code and subject to the payment of	62117
an application fee not to exceed one thousand five hundred	62118
dollars, payable upon application for a hazardous waste facility	62119
installation and operation permit and upon application for a	62120
renewal permit issued under division (H) of section 3734.05 of the	62121
Revised Code, to be credited to the hazardous waste facility	62122
management fund created in section 3734.18 of the Revised Code.	62123
The term of a hazardous waste facility installation and operation	62124
permit shall not exceed ten years.	62125

In addition to the application fee, there is hereby levied an	62126
annual permit fee to be paid by the permit holder upon the	62127
anniversaries of the date of issuance of the hazardous waste	62128
facility installation and operation permit and of any subsequent	62129
renewal permits and to be credited to the hazardous waste facility	62130
management fund. Annual permit fees totaling forty thousand	62131
dollars or more for any one facility may be paid on a quarterly	62132
basis with the first quarterly payment each year being due on the	62133
anniversary of the date of issuance of the hazardous waste	62134
facility installation and operation permit and of any subsequent	62135
renewal permits. The annual permit fee shall be determined for	62136
each permit holder by the director in accordance with the	62137
following schedule:	62138

TYPE OF BASIC			62139
MANAGEMENT UNIT	TYPE OF FACILITY	FEE	62140
Storage facility using:			62141
Containers	On-site, off-site, and		62142
	satellite	$ 500	62143
Tanks	On-site, off-site, and		62144
	satellite	500	62145
Waste pile	On-site, off-site, and		62146
	satellite	3,000	62147
Surface impoundment	On-site and satellite	8,000	62148
	Off-site	10,000	62149
Disposal facility using:			62150
Deep well injection	On-site and satellite	15,000	62151
	Off-site	25,000	62152
Landfill	On-site and satellite	25,000	62153
	Off-site	40,000	62154
Land application	On-site and satellite	2,500	62155
	Off-site	5,000	62156
Surface impoundment	On-site and satellite	10,000	62157
	Off-site	20,000	62158
Treatment facility using:			62159
Tanks	On-site, off-site, and		62160
	satellite	700	62161
Surface impoundment	On-site and satellite	8,000	62162
	Off-site	10,000	62163
Incinerator	On-site and satellite	5,000	62164
	Off-site	10,000	62165
Other forms			62166
of treatment	On-site, off-site, and		62167
	satellite	1,000	62168

A hazardous waste disposal facility that disposes of	62169
hazardous waste by deep well injection and that pays the annual	62170
permit fee established in section 6111.046 of the Revised Code is	62171
not subject to the permit fee established in this division for	62172
disposal facilities using deep well injection unless the director	62173
determines that the facility is not in compliance with applicable	62174
requirements established under this chapter and rules adopted	62175
under it.	62176

In determining the annual permit fee required by this	62177
section, the director shall not require additional payments for	62178
multiple units of the same method of storage, treatment, or	62179
disposal or for individual units that are used for both storage	62180
and treatment. A facility using more than one method of storage,	62181
treatment, or disposal shall pay the permit fee indicated by the	62182
schedule for each such method.	62183

The director shall not require the payment of that portion of	62184
an annual permit fee of any permit holder that would apply to a	62185
hazardous waste management unit for which a permit has been	62186
issued, but for which construction has not yet commenced. Once	62187
construction has commenced, the director shall require the payment	62188
of a part of the appropriate fee indicated by the schedule that	62189
bears the same relationship to the total fee that the number of	62190
days remaining until the next anniversary date at which payment of	62191
the annual permit fee is due bears to three hundred sixty-five.	62192

The director, by rules adopted in accordance with Chapters	62193
119. and 3745. of the Revised Code, shall prescribe procedures for	62194
collecting the annual permit fee established by this division and	62195
may prescribe other requirements necessary to carry out this	62196
division.	62197

(3) The prohibition against establishing or operating a	62198
hazardous waste facility without a hazardous waste facility	62199
installation and operation permit does not apply to either of the	62200
following:	62201

(a) A facility that is operating in accordance with a permit	62202
renewal issued under division (H) of section 3734.05 of the	62203
Revised Code, a revision issued under division (I) of that section	62204
as it existed prior to August 20, 1996, or a modification issued	62205
by the director under division (I) of that section on and after	62206
August 20, 1996;	62207

(b) Except as provided in division (J) of section 3734.05 of	62208
the Revised Code, a facility that will operate or is operating in	62209
accordance with a permit by rule, or that is not subject to permit	62210
requirements, under rules adopted by the director. In accordance	62211
with Chapter 119. of the Revised Code, the director shall adopt,	62212
and subsequently may amend, suspend, or rescind, rules for the	62213
purposes of division (E)(3)(b) of this section. Any rules so	62214
adopted shall be consistent with and equivalent to regulations	62215
pertaining to interim status adopted under the "Resource	62216
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A.	62217
6921, as amended, except as otherwise provided in this chapter.	62218

If a modification is requested or proposed for a facility	62219
described in division (E)(3)(a) or (b) of this section, division	62220
(I)(7) of section 3734.05 of the Revised Code applies.	62221

(F) No person shall store, treat, or dispose of hazardous	62222
waste identified or listed under this chapter and rules adopted	62223
under it, regardless of whether generated on or off the premises	62224
where the waste is stored, treated, or disposed of, or transport	62225
or cause to be transported any hazardous waste identified or	62226
listed under this chapter and rules adopted under it to any other	62227
premises, except at or to any of the following:	62228

(1) A hazardous waste facility operating under a permit	62229
issued in accordance with this chapter;	62230

(2) A facility in another state operating under a license or	62231
permit issued in accordance with the "Resource Conservation and	62232
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	62233
amended;	62234

(3) A facility in another nation operating in accordance with	62235
the laws of that nation;	62236

(4) A facility holding a permit issued pursuant to Title I of	62237
the "Marine Protection, Research, and Sanctuaries Act of 1972," 86	62238
Stat. 1052, 33 U.S.C.A. 1401, as amended;	62239

(5) A hazardous waste facility as described in division	62240
(E)(3)(a) or (b) of this section.	62241

(G) The director, by order, may exempt any person generating,	62242
collecting, storing, treating, disposing of, or transporting solid	62243
wastes, infectious wastes, or hazardous waste, or processing solid	62244
wastes that consist of scrap tires, in such quantities or under	62245
such circumstances that, in the determination of the director, are	62246
unlikely to adversely affect the public health or safety or the	62247
environment from any requirement to obtain a registration	62248
certificate, permit, or license or comply with the manifest system	62249
or other requirements of this chapter. Such an exemption shall be	62250
consistent with and equivalent to any regulations adopted by the	62251
administrator of the United States environmental protection agency	62252
under the "Resource Conservation and Recovery Act of 1976," 90	62253
Stat. 2806, 42 U.S.C.A. 6921, as amended, except as otherwise	62254
provided in this chapter.	62255

(H) No person shall engage in filling, grading, excavating,	62256
building, drilling, or mining on land where a hazardous waste	62257
facility, or a solid waste facility, was operated without prior	62258
authorization from the director, who shall establish the procedure	62259
for granting such authorization by rules adopted in accordance	62260
with Chapter 119. of the Revised Code.	62261

A public utility that has main or distribution lines above or	62262
below the land surface located on an easement or right-of-way	62263
across land where a solid waste facility was operated may engage	62264
in any such activity within the easement or right-of-way without	62265
prior authorization from the director for purposes of performing	62266
emergency repair or emergency replacement of its lines; of the	62267
poles, towers, foundations, or other structures supporting or	62268
sustaining any such lines; or of the appurtenances to those	62269
structures, necessary to restore or maintain existing public	62270
utility service. A public utility may enter upon any such easement	62271
or right-of-way without prior authorization from the director for	62272
purposes of performing necessary or routine maintenance of those	62273
portions of its existing lines; of the existing poles, towers,	62274
foundations, or other structures sustaining or supporting its	62275
lines; or of the appurtenances to any such supporting or	62276
sustaining structure, located on or above the land surface on any	62277
such easement or right-of-way. Within twenty-four hours after	62278
commencing any such emergency repair, replacement, or maintenance	62279
work, the public utility shall notify the director or the	62280
director's authorized representative of those activities and shall	62281
provide such information regarding those activities as the	62282
director or the director's representative may request. Upon	62283
completion of the emergency repair, replacement, or maintenance	62284
activities, the public utility shall restore any land of the solid	62285
waste facility disturbed by those activities to the condition	62286
existing prior to the commencement of those activities.	62287

(I) No owner or operator of a hazardous waste facility, in	62288
the operation of the facility, shall cause, permit, or allow the	62289
emission therefrom of any particulate matter, dust, fumes, gas,	62290
mist, smoke, vapor, or odorous substance that, in the opinion of	62291
the director, unreasonably interferes with the comfortable	62292
enjoyment of life or property by persons living or working in the	62293
vicinity of the facility, or that is injurious to public health.	62294
Any such action is hereby declared to be a public nuisance.	62295

(J) Notwithstanding any other provision of this chapter, in	62296
the event the director finds an imminent and substantial danger to	62297
public health or safety or the environment that creates an	62298
emergency situation requiring the immediate treatment, storage, or	62299
disposal of hazardous waste, the director may issue a temporary	62300
emergency permit to allow the treatment, storage, or disposal of	62301
the hazardous waste at a facility that is not otherwise authorized	62302
by a hazardous waste facility installation and operation permit to	62303
treat, store, or dispose of the waste. The emergency permit shall	62304
not exceed ninety days in duration and shall not be renewed. The	62305
director shall adopt, and may amend, suspend, or rescind, rules in	62306
accordance with Chapter 119. of the Revised Code governing the	62307
issuance, modification, revocation, and denial of emergency	62308
permits.	62309

(K) No owner or operator of a sanitary landfill shall	62310
knowingly accept for disposal, or dispose of, any infectious	62311
wastes, other than those subject to division (A)(1)(c) of section	62312
3734.021 of the Revised Code, that have not been treated to render	62313
them noninfectious. For the purposes of this division,	62314
certification by the owner or operator of the treatment facility	62315
where the wastes were treated on the shipping paper required by	62316
rules adopted under division (D)(2) of that section creates a	62317
rebuttable presumption that the wastes have been so treated.	62318

(L) The director, in accordance with Chapter 119. of the	62319
Revised Code, shall adopt, and may amend, suspend, or rescind,	62320
rules having uniform application throughout the state establishing	62321
a training and certification program that shall be required for	62322
employees of boards of health who are responsible for enforcing	62323
the solid waste and infectious waste provisions of this chapter	62324
and rules adopted under them and for persons who are responsible	62325
for the operation of solid waste facilities or infectious waste	62326
treatment facilities. The rules shall provide all of the	62327
following, without limitation:	62328

(1) The program shall be administered by the director and	62329
shall consist of a course on new solid waste and infectious waste	62330
technologies, enforcement procedures, and rules;	62331

(2) The course shall be offered on an annual basis;

62332

(3) Those persons who are required to take the course under	62333
division (L) of this section shall do so triennially;	62334

(4) Persons who successfully complete the course shall be	62335
certified by the director;	62336

(5) Certification shall be required for all employees of	62337
boards of health who are responsible for enforcing the solid waste	62338
or infectious waste provisions of this chapter and rules adopted	62339
under them and for all persons who are responsible for the	62340
operation of solid waste facilities or infectious waste treatment	62341
facilities;	62342

(6)(a) All employees of a board of health who, on the	62343
effective date of the rules adopted under this division, are	62344
responsible for enforcing the solid waste or infectious waste	62345
provisions of this chapter and the rules adopted under them shall	62346
complete the course and be certified by the director not later	62347
than January 1, 1995;	62348

(b) All employees of a board of health who, after the	62349
effective date of the rules adopted under division (L) of this	62350
section, become responsible for enforcing the solid waste or	62351
infectious waste provisions of this chapter and rules adopted	62352
under them and who do not hold a current and valid certification	62353
from the director at that time shall complete the course and be	62354
certified by the director within two years after becoming	62355
responsible for performing those activities.	62356

No person shall fail to obtain the certification required	62357
under this division.	62358

(M) The director shall not issue a permit under section	62359
3734.05 of the Revised Code to establish a solid waste facility,	62360
or to modify a solid waste facility operating on December 21,	62361
1988, in a manner that expands the disposal capacity or geographic	62362
area covered by the facility, that is or is to be located within	62363
the boundaries of a state park established or dedicated under	62364
Chapter 1541. of the Revised Code, a state park purchase area	62365
established under section 1541.02 of the Revised Code, any unit of	62366
the national park system, or any property that lies within the	62367
boundaries of a national park or recreation area, but that has not	62368
been acquired or is not administered by the secretary of the	62369
United States department of the interior, located in this state,	62370
or any candidate area located in this state and identified for	62371
potential inclusion in the national park system in the edition of	62372
the "national park system plan" submitted under paragraph (b) of	62373
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16	62374
U.S.C.A. 1a-5, as amended, current at the time of filing of the	62375
application for the permit, unless the facility or proposed	62376
facility is or is to be used exclusively for the disposal of solid	62377
wastes generated within the park or recreation area and the	62378
director determines that the facility or proposed facility will	62379
not degrade any of the natural or cultural resources of the park	62380
or recreation area. The director shall not issue a variance under	62381
division (A) of this section and rules adopted under it, or issue	62382
an exemption order under division (G) of this section, that would	62383
authorize any such establishment or expansion of a solid waste	62384
facility within the boundaries of any such park or recreation	62385
area, state park purchase area, or candidate area, other than a	62386
solid waste facility exclusively for the disposal of solid wastes	62387
generated within the park or recreation area when the director	62388
determines that the facility will not degrade any of the natural	62389
or cultural resources of the park or recreation area.	62390

(N)(1) The rules adopted under division (A) of this section,	62391
other than those governing variances, do not apply to scrap tire	62392
collection, storage, monocell, monofill, and recovery facilities.	62393
Those facilities are subject to and governed by rules adopted	62394
under sections 3734.70 to 3734.73 of the Revised Code, as	62395
applicable.	62396

(2) Division (C) of this section does not apply to scrap tire	62397
collection, storage, monocell, monofill, and recovery facilities.	62398
The establishment and modification of those facilities are subject	62399
to sections 3734.75 to 3734.78 and section 3734.81 of the Revised	62400
Code, as applicable.	62401

(3) The director may adopt, amend, suspend, or rescind rules	62402
under division (A) of this section creating an alternative system	62403
for authorizing the establishment, operation, or modification of a	62404
solid waste compost facility in lieu of the requirement that a	62405
person seeking to establish, operate, or modify a solid waste	62406
compost facility apply for and receive a permit under division (C)	62407
of this section and section 3734.05 of the Revised Code and a	62408
license under division (A)(1) of that section. The rules may	62409
include requirements governing, without limitation, the	62410
classification of solid waste compost facilities, the submittal of	62411
operating records for solid waste compost facilities, and the	62412
creation of a registration or notification system in lieu of the	62413
issuance of permits and licenses for solid waste compost	62414
facilities. The rules shall specify the applicability of divisions	62415
(A)(1), (2)(a), (3), and (4) of section 3734.05 of the Revised	62416
Code to a solid waste compost facility.	62417

Sec. 3734.05. (A)(1) Except as provided in divisions (A)(4),	62418
(8), and (9) of this section, no person shall operate or maintain	62419
a solid waste facility without a license issued under this	62420
division by the board of health of the health district in which	62421
the facility is located or by the director of environmental	62422
protection when the health district in which the facility is	62423
located is not on the approved list under section 3734.08 of the	62424
Revised Code.	62425

During the month of December, but before the first day of	62426
January of the next year, every person proposing to continue to	62427
operate an existing solid waste facility shall procure a license	62428
under this division to operate the facility for that year from the	62429
board of health of the health district in which the facility is	62430
located or, if the health district is not on the approved list	62431
under section 3734.08 of the Revised Code, from the director. The	62432
application for such a license shall be submitted to the board of	62433
health or to the director, as appropriate, on or before the last	62434
day of September of the year preceding that for which the license	62435
is sought. In addition to the application fee prescribed in	62436
division (A)(2) of this section, a person who submits an	62437
application after that date shall pay an additional ten per cent	62438
of the amount of the application fee for each week that the	62439
application is late. Late payment fees accompanying an application	62440
submitted to the board of health shall be credited to the special	62441
fund of the health district created in division (B) of section	62442
3734.06 of the Revised Code, and late payment fees accompanying an	62443
application submitted to the director shall be credited to the	62444
general revenue fund. A person who has received a license, upon	62445
sale or disposition of a solid waste facility, and upon consent of	62446
the board of health and the director, may have the license	62447
transferred to another person. The board of health or the director	62448
may include such terms and conditions in a license or revision to	62449
a license as are appropriate to ensure compliance with this	62450
chapter and rules adopted under it. The terms and conditions may	62451
establish the authorized maximum daily waste receipts for the	62452
facility. Limitations on maximum daily waste receipts shall be	62453
specified in cubic yards of volume for the purpose of regulating	62454
the design, construction, and operation of solid waste facilities.	62455
Terms and conditions included in a license or revision to a	62456
license by a board of health shall be consistent with, and pertain	62457
only to the subjects addressed in, the rules adopted under	62458
division (A) of section 3734.02 and division (D) of section	62459
3734.12 of the Revised Code.	62460

(2)(a) Except as provided in divisions (A)(2)(b), (8), and	62461
(9) of this section, each person proposing to open a new solid	62462
waste facility or to modify an existing solid waste facility shall	62463
submit an application for a permit with accompanying detail plans	62464
and specifications to the environmental protection agency for	62465
required approval under the rules adopted by the director pursuant	62466
to division (A) of section 3734.02 of the Revised Code and	62467
applicable rules adopted under division (D) of section 3734.12 of	62468
the Revised Code at least two hundred seventy days before proposed	62469
operation of the facility and shall concurrently make application	62470
for the issuance of a license under division (A)(1) of this	62471
section with the board of health of the health district in which	62472
the proposed facility is to be located.	62473

(b) On and after the effective date of the rules adopted	62474
under division (A) of section 3734.02 of the Revised Code and	62475
division (D) of section 3734.12 of the Revised Code governing	62476
solid waste transfer facilities, each person proposing to open a	62477
new solid waste transfer facility or to modify an existing solid	62478
waste transfer facility shall submit an application for a permit	62479
with accompanying engineering detail plans, specifications, and	62480
information regarding the facility and its method of operation to	62481
the environmental protection agency for required approval under	62482
those rules at least two hundred seventy days before commencing	62483
proposed operation of the facility and concurrently shall make	62484
application for the issuance of a license under division (A)(1) of	62485
this section with the board of health of the health district in	62486
which the facility is located or proposed.	62487

(c) Each application for a permit under division (A)(2)(a) or	62488
(b) of this section shall be accompanied by a nonrefundable	62489
application fee of four hundred dollars that shall be credited to	62490
the general revenue fund. Each application for an annual license	62491
under division (A)(1) or (2) of this section shall be accompanied	62492
by a nonrefundable application fee of one hundred dollars. If the	62493
application for an annual license is submitted to a board of	62494
health on the approved list under section 3734.08 of the Revised	62495
Code, the application fee shall be credited to the special fund of	62496
the health district created in division (B) of section 3734.06 of	62497
the Revised Code. If the application for an annual license is	62498
submitted to the director, the application fee shall be credited	62499
to the general revenue fund. If a permit or license is issued, the	62500
amount of the application fee paid shall be deducted from the	62501
amount of the permit fee due under division (Q) of section 3745.11	62502
of the Revised Code or the amount of the license fee due under	62503
division (A)(1), (2), (3), or (4), or (5) of section 3734.06 of	62504
the Revised Code.	62505

(d) As used in divisions (A)(2)(d), (e), and (f) of this	62506
section, "modify" means any of the following:	62507

(i) Any increase of more than ten per cent in the total	62508
capacity of a solid waste facility;	62509

(ii) Any expansion of the limits of solid waste placement at	62510
a solid waste facility;	62511

(iii) Any increase in the depth of excavation at a solid	62512
waste facility;	62513

(iv) Any change in the technique of waste receipt or type of	62514
waste received at a solid waste facility that may endanger human	62515
health, as determined by the director by rules adopted in	62516
accordance with Chapter 119. of the Revised Code.	62517

Not later than ~~thirty-five~~forty-five days after submitting	62518
an application under division (A)(2)(a) or (b) of this section for	62519
a permit to open a new or modify an existing solid waste facility,	62520
the applicant, in conjunction with an officer or employee of the	62521
environmental protection agency, shall hold a public meeting on	62522
the application within the county in which the new or modified	62523
solid waste facility is or is proposed to be located or within a	62524
contiguous county. Not less than thirty days before holding the	62525
public meeting on the application, the applicant shall publish	62526
notice of the meeting in each newspaper of general circulation	62527
that is published in the county in which the facility is or is	62528
proposed to be located. If no newspaper of general circulation is	62529
published in the county, the applicant shall publish the notice in	62530
a newspaper of general circulation in the county. The notice shall	62531
contain the date, time, and location of the public meeting and a	62532
general description of the proposed new or modified facility. Not	62533
later than five days after publishing the notice, the applicant	62534
shall send by certified mail a copy of the notice and the date the	62535
notice was published to the director and the legislative authority	62536
of each municipal corporation, township, and county, and to the	62537
chief executive officer of each municipal corporation, in which	62538
the facility is or is proposed to be located. At the public	62539
meeting, the applicant shall provide information and describe the	62540
application and respond to comments or questions concerning the	62541
application, and the officer or employee of the agency shall	62542
describe the permit application process. At the public meeting,	62543
any person may submit written or oral comments on or objections to	62544
the application. Not more than thirty days after the public	62545
meeting, the applicant shall provide the director with a copy of a	62546
transcript of the full meeting, copies of any exhibits, displays,	62547
or other materials presented by the applicant at the meeting, and	62548
the original copy of any written comments submitted at the	62549
meeting.	62550

(e) Except as provided in division (A)(2)(f) of this section,	62551
prior to taking an action, other than a proposed or final denial,	62552
upon an application submitted under division (A)(2)(a) of this	62553
section for a permit to open a new or modify an existing solid	62554
waste facility, the director shall hold a public information	62555
session and a public hearing on the application within the county	62556
in which the new or modified solid waste facility is or is	62557
proposed to be located or within a contiguous county. If the	62558
application is for a permit to open a new solid waste facility,	62559
the director shall hold the hearing not less than fourteen days	62560
after the information session. If the application is for a permit	62561
to modify an existing solid waste facility, the director may hold	62562
both the information session and the hearing on the same day	62563
unless any individual affected by the application requests in	62564
writing that the information session and the hearing not be held	62565
on the same day, in which case the director shall hold the hearing	62566
not less than fourteen days after the information session. The	62567
director shall publish notice of the public information session or	62568
public hearing not less than thirty days before holding the	62569
information session or hearing, as applicable. The notice shall be	62570
published in each newspaper of general circulation that is	62571
published in the county in which the facility is or is proposed to	62572
be located. If no newspaper of general circulation is published in	62573
the county, the director shall publish the notice in a newspaper	62574
of general circulation in the county. The notice shall contain the	62575
date, time, and location of the information session or hearing, as	62576
applicable, and a general description of the proposed new or	62577
modified facility. At the public information session, an officer	62578
or employee of the environmental protection agency shall describe	62579
the status of the permit application and be available to respond	62580
to comments or questions concerning the application. At the public	62581
hearing, any person may submit written or oral comments on or	62582
objections to the approval of the application. The applicant, or a	62583
representative of the applicant who has knowledge of the location,	62584
construction, and operation of the facility, shall attend the	62585
information session and public hearing to respond to comments or	62586
questions concerning the facility directed to the applicant or	62587
representative by the officer or employee of the environmental	62588
protection agency presiding at the information session and	62589
hearing.	62590

(f) The solid waste management policy committee of a county	62591
or joint solid waste management district may adopt a resolution	62592
requesting expeditious consideration of a specific application	62593
submitted under division (A)(2)(a) of this section for a permit to	62594
modify an existing solid waste facility within the district. The	62595
resolution shall make the finding that expedited consideration of	62596
the application without the public information session and public	62597
hearing under division (A)(2)(e) of this section is in the public	62598
interest and will not endanger human health, as determined by the	62599
director by rules adopted in accordance with Chapter 119. of the	62600
Revised Code. Upon receiving such a resolution, the director, at	62601
the director's discretion, may issue a final action upon the	62602
application without holding a public information session or public	62603
hearing pursuant to division (A)(2)(e) of this section.	62604

(3) Except as provided in division (A)(10) of this section,	62605
and unless the owner or operator of any solid waste facility,	62606
other than a solid waste transfer facility or a compost facility	62607
that accepts exclusively source separated yard wastes, that	62608
commenced operation on or before July 1, 1968, has obtained an	62609
exemption from the requirements of division (A)(3) of this section	62610
in accordance with division (G) of section 3734.02 of the Revised	62611
Code, the owner or operator shall submit to the director an	62612
application for a permit with accompanying engineering detail	62613
plans, specifications, and information regarding the facility and	62614
its method of operation for approval under rules adopted under	62615
division (A) of section 3734.02 of the Revised Code and applicable	62616
rules adopted under division (D) of section 3734.12 of the Revised	62617
Code in accordance with the following schedule:	62618

(a) Not later than September 24, 1988, if the facility is	62619
located in the city of Garfield Heights or Parma in Cuyahoga	62620
county;	62621

(b) Not later than December 24, 1988, if the facility is	62622
located in Delaware, Greene, Guernsey, Hamilton, Madison,	62623
Mahoning, Ottawa, or Vinton county;	62624

(c) Not later than March 24, 1989, if the facility is located	62625
in Champaign, Clinton, Columbiana, Huron, Paulding, Stark, or	62626
Washington county, or is located in the city of Brooklyn or	62627
Cuyahoga Heights in Cuyahoga county;	62628

(d) Not later than June 24, 1989, if the facility is located	62629
in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain, Lucas, or	62630
Summit county or is located in Cuyahoga county outside the cities	62631
of Garfield Heights, Parma, Brooklyn, and Cuyahoga Heights;	62632

(e) Not later than September 24, 1989, if the facility is	62633
located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross	62634
county;	62635

(f) Not later than December 24, 1989, if the facility is	62636
located in a county not listed in divisions (A)(3)(a) to (e) of	62637
this section;	62638

(g) Notwithstanding divisions (A)(3)(a) to (f) of this	62639
section, not later than December 31, 1990, if the facility is a	62640
solid waste facility owned by a generator of solid wastes when the	62641
solid waste facility exclusively disposes of solid wastes	62642
generated at one or more premises owned by the generator	62643
regardless of whether the facility is located on a premises where	62644
the wastes are generated and if the facility disposes of more than	62645
one hundred thousand tons of solid wastes per year, provided that	62646
any such facility shall be subject to division (A)(5) of this	62647
section.	62648

(4) Except as provided in divisions (A)(8), (9), and (10) of	62649
this section, unless the owner or operator of any solid waste	62650
facility for which a permit was issued after July 1, 1968, but	62651
before January 1, 1980, has obtained an exemption from the	62652
requirements of division (A)(4) of this section under division (G)	62653
of section 3734.02 of the Revised Code, the owner or operator	62654
shall submit to the director an application for a permit with	62655
accompanying engineering detail plans, specifications, and	62656
information regarding the facility and its method of operation for	62657
approval under those rules.	62658

(5) The director may issue an order in accordance with	62659
Chapter 3745. of the Revised Code to the owner or operator of a	62660
solid waste facility requiring the person to submit to the	62661
director updated engineering detail plans, specifications, and	62662
information regarding the facility and its method of operation for	62663
approval under rules adopted under division (A) of section 3734.02	62664
of the Revised Code and applicable rules adopted under division	62665
(D) of section 3734.12 of the Revised Code if, in the director's	62666
judgment, conditions at the facility constitute a substantial	62667
threat to public health or safety or are causing or contributing	62668
to or threatening to cause or contribute to air or water pollution	62669
or soil contamination. Any person who receives such an order shall	62670
submit the updated engineering detail plans, specifications, and	62671
information to the director within one hundred eighty days after	62672
the effective date of the order.	62673

(6) The director shall act upon an application submitted	62674
under division (A)(3) or (4) of this section and any updated	62675
engineering plans, specifications, and information submitted under	62676
division (A)(5) of this section within one hundred eighty days	62677
after receiving them. If the director denies any such permit	62678
application, the order denying the application or disapproving the	62679
plans shall include the requirements that the owner or operator	62680
submit a plan for closure and post-closure care of the facility to	62681
the director for approval within six months after issuance of the	62682
order, cease accepting solid wastes for disposal or transfer at	62683
the facility, and commence closure of the facility not later than	62684
one year after issuance of the order. If the director determines	62685
that closure of the facility within that one-year period would	62686
result in the unavailability of sufficient solid waste management	62687
facility capacity within the county or joint solid waste	62688
management district in which the facility is located to dispose of	62689
or transfer the solid waste generated within the district, the	62690
director in the order of denial or disapproval may postpone	62691
commencement of closure of the facility for such period of time as	62692
the director finds necessary for the board of county commissioners	62693
or directors of the district to secure access to or for there to	62694
be constructed within the district sufficient solid waste	62695
management facility capacity to meet the needs of the district,	62696
provided that the director shall certify in the director's order	62697
that postponing the date for commencement of closure will not	62698
endanger ground water or any property surrounding the facility,	62699
allow methane gas migration to occur, or cause or contribute to	62700
any other type of environmental damage.	62701

If an emergency need for disposal capacity that may affect	62702
public health and safety exists as a result of closure of a	62703
facility under division (A)(6) of this section, the director may	62704
issue an order designating another solid waste facility to accept	62705
the wastes that would have been disposed of at the facility to be	62706
closed.	62707

(7) If the director determines that standards more stringent	62708
than those applicable in rules adopted under division (A) of	62709
section 3734.02 of the Revised Code and division (D) of section	62710
3734.12 of the Revised Code, or standards pertaining to subjects	62711
not specifically addressed by those rules, are necessary to ensure	62712
that a solid waste facility constructed at the proposed location	62713
will not cause a nuisance, cause or contribute to water pollution,	62714
or endanger public health or safety, the director may issue a	62715
permit for the facility with such terms and conditions as the	62716
director finds necessary to protect public health and safety and	62717
the environment. If a permit is issued, the director shall state	62718
in the order issuing it the specific findings supporting each such	62719
term or condition.	62720

(8) Divisions (A)(1), (2)(a), (3), and (4) of this section do	62721
not apply to a solid waste compost facility that accepts	62722
exclusively source separated yard wastes and that is registered	62723
under division (C) of section 3734.02 of the Revised Code or,	62724
unless otherwise provided in rules adopted under division (N)(3)	62725
of section 3734.02 of the Revised Code, to a solid waste compost	62726
facility if the director has adopted rules establishing an	62727
alternative system for authorizing the establishment, operation,	62728
or modification of a solid waste compost facility under that	62729
division.	62730

(9) Divisions (A)(1) to (7) of this section do not apply to	62731
scrap tire collection, storage, monocell, monofill, and recovery	62732
facilities. The approval of plans and specifications, as	62733
applicable, and the issuance of registration certificates,	62734
permits, and licenses for those facilities are subject to sections	62735
3734.75 to 3734.78 of the Revised Code, as applicable, and section	62736
3734.81 of the Revised Code.	62737

(10) Divisions (A)(3) and (4) of this section do not apply to	62738
a solid waste incinerator that was placed into operation on or	62739
before October 12, 1994, and that is not authorized to accept and	62740
treat infectious wastes pursuant to division (B) of this section.	62741

(B)(1) Each person who is engaged in the business of treating	62742
infectious wastes for profit at a treatment facility located off	62743
the premises where the wastes are generated that is in operation	62744
on August 10, 1988, and who proposes to continue operating the	62745
facility shall submit to the board of health of the health	62746
district in which the facility is located an application for a	62747
license to operate the facility.	62748

Thereafter, no person shall operate or maintain an infectious	62749
waste treatment facility without a license issued by the board of	62750
health of the health district in which the facility is located or	62751
by the director when the health district in which the facility is	62752
located is not on the approved list under section 3734.08 of the	62753
Revised Code.	62754

(2)(a) During the month of December, but before the first day	62755
of January of the next year, every person proposing to continue to	62756
operate an existing infectious waste treatment facility shall	62757
procure a license to operate the facility for that year from the	62758
board of health of the health district in which the facility is	62759
located or, if the health district is not on the approved list	62760
under section 3734.08 of the Revised Code, from the director. The	62761
application for such a license shall be submitted to the board of	62762
health or to the director, as appropriate, on or before the last	62763
day of September of the year preceding that for which the license	62764
is sought. In addition to the application fee prescribed in	62765
division (B)(2)(c) of this section, a person who submits an	62766
application after that date shall pay an additional ten per cent	62767
of the amount of the application fee for each week that the	62768
application is late. Late payment fees accompanying an application	62769
submitted to the board of health shall be credited to the special	62770
infectious waste fund of the health district created in division	62771
(C) of section 3734.06 of the Revised Code, and late payment fees	62772
accompanying an application submitted to the director shall be	62773
credited to the general revenue fund. A person who has received a	62774
license, upon sale or disposition of an infectious waste treatment	62775
facility and upon consent of the board of health and the director,	62776
may have the license transferred to another person. The board of	62777
health or the director may include such terms and conditions in a	62778
license or revision to a license as are appropriate to ensure	62779
compliance with the infectious waste provisions of this chapter	62780
and rules adopted under them.	62781

(b) Each person proposing to open a new infectious waste	62782
treatment facility or to modify an existing infectious waste	62783
treatment facility shall submit an application for a permit with	62784
accompanying detail plans and specifications to the environmental	62785
protection agency for required approval under the rules adopted by	62786
the director pursuant to section 3734.021 of the Revised Code two	62787
hundred seventy days before proposed operation of the facility and	62788
concurrently shall make application for a license with the board	62789
of health of the health district in which the facility is or is	62790
proposed to be located. Not later than ninety days after receiving	62791
a completed application under division (B)(2)(b) of this section	62792
for a permit to open a new infectious waste treatment facility or	62793
modify an existing infectious waste treatment facility to expand	62794
its treatment capacity, or receiving a completed application under	62795
division (A)(2)(a) of this section for a permit to open a new	62796
solid waste incineration facility, or modify an existing solid	62797
waste incineration facility to also treat infectious wastes or to	62798
increase its infectious waste treatment capacity, that pertains to	62799
a facility for which a notation authorizing infectious waste	62800
treatment is included or proposed to be included in the solid	62801
waste incineration facility's license pursuant to division (B)(3)	62802
of this section, the director shall hold a public hearing on the	62803
application within the county in which the new or modified	62804
infectious waste or solid waste facility is or is proposed to be	62805
located or within a contiguous county. Not less than thirty days	62806
before holding the public hearing on the application, the director	62807
shall publish notice of the hearing in each newspaper that has	62808
general circulation and that is published in the county in which	62809
the facility is or is proposed to be located. If there is no	62810
newspaper that has general circulation and that is published in	62811
the county, the director shall publish the notice in a newspaper	62812
of general circulation in the county. The notice shall contain the	62813
date, time, and location of the public hearing and a general	62814
description of the proposed new or modified facility. At the	62815
public hearing, any person may submit written or oral comments on	62816
or objections to the approval or disapproval of the application.	62817
The applicant, or a representative of the applicant who has	62818
knowledge of the location, construction, and operation of the	62819
facility, shall attend the public hearing to respond to comments	62820
or questions concerning the facility directed to the applicant or	62821
representative by the officer or employee of the environmental	62822
protection agency presiding at the hearing.	62823

(c) Each application for a permit under division (B)(2)(b) of	62824
this section shall be accompanied by a nonrefundable application	62825
fee of four hundred dollars that shall be credited to the general	62826
revenue fund. Each application for an annual license under	62827
division (B)(2)(a) of this section shall be accompanied by a	62828
nonrefundable application fee of one hundred dollars. If the	62829
application for an annual license is submitted to a board of	62830
health on the approved list under section 3734.08 of the Revised	62831
Code, the application fee shall be credited to the special	62832
infectious waste fund of the health district created in division	62833
(C) of section 3734.06 of the Revised Code. If the application for	62834
an annual license is submitted to the director, the application	62835
fee shall be credited to the general revenue fund. If a permit or	62836
license is issued, the amount of the application fee paid shall be	62837
deducted from the amount of the permit fee due under division (Q)	62838
of section 3745.11 of the Revised Code or the amount of the	62839
license fee due under division (C) of section 3734.06 of the	62840
Revised Code.	62841

(d) The owner or operator of any infectious waste treatment	62842
facility that commenced operation on or before July 1, 1968, shall	62843
submit to the director an application for a permit with	62844
accompanying engineering detail plans, specifications, and	62845
information regarding the facility and its method of operation for	62846
approval under rules adopted under section 3734.021 of the Revised	62847
Code in accordance with the following schedule:	62848

(i) Not later than December 24, 1988, if the facility is	62849
located in Delaware, Greene, Guernsey, Hamilton, Madison,	62850
Mahoning, Ottawa, or Vinton county;	62851

(ii) Not later than March 24, 1989, if the facility is	62852
located in Champaign, Clinton, Columbiana, Huron, Paulding, Stark,	62853
or Washington county, or is located in the city of Brooklyn,	62854
Cuyahoga Heights, or Parma in Cuyahoga county;	62855

(iii) Not later than June 24, 1989, if the facility is	62856
located in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain,	62857
Lucas, or Summit county or is located in Cuyahoga county outside	62858
the cities of Brooklyn, Cuyahoga Heights, and Parma;	62859

(iv) Not later than September 24, 1989, if the facility is	62860
located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross	62861
county;	62862

(v) Not later than December 24, 1989, if the facility is	62863
located in a county not listed in divisions (B)(2)(d)(i) to (iv)	62864
of this section.	62865

The owner or operator of an infectious waste treatment	62866
facility required to submit a permit application under division	62867
(B)(2)(d) of this section is not required to pay any permit	62868
application fee under division (B)(2)(c) of this section, or	62869
permit fee under division (Q) of section 3745.11 of the Revised	62870
Code, with respect thereto unless the owner or operator also	62871
proposes to modify the facility.	62872

(e) The director may issue an order in accordance with	62873
Chapter 3745. of the Revised Code to the owner or operator of an	62874
infectious waste treatment facility requiring the person to submit	62875
to the director updated engineering detail plans, specifications,	62876
and information regarding the facility and its method of operation	62877
for approval under rules adopted under section 3734.021 of the	62878
Revised Code if, in the director's judgment, conditions at the	62879
facility constitute a substantial threat to public health or	62880
safety or are causing or contributing to or threatening to cause	62881
or contribute to air or water pollution or soil contamination. Any	62882
person who receives such an order shall submit the updated	62883
engineering detail plans, specifications, and information to the	62884
director within one hundred eighty days after the effective date	62885
of the order.	62886

(f) The director shall act upon an application submitted	62887
under division (B)(2)(d) of this section and any updated	62888
engineering plans, specifications, and information submitted under	62889
division (B)(2)(e) of this section within one hundred eighty days	62890
after receiving them. If the director denies any such permit	62891
application or disapproves any such updated engineering plans,	62892
specifications, and information, the director shall include in the	62893
order denying the application or disapproving the plans the	62894
requirement that the owner or operator cease accepting infectious	62895
wastes for treatment at the facility.	62896

(3) Division (B) of this section does not apply to an	62897
infectious waste treatment facility that meets any of the	62898
following conditions:	62899

(a) Is owned or operated by the generator of the wastes and	62900
exclusively treats, by methods, techniques, and practices	62901
established by rules adopted under division (C)(1) or (3) of	62902
section 3734.021 of the Revised Code, wastes that are generated at	62903
any premises owned or operated by that generator regardless of	62904
whether the wastes are generated on the same premises where the	62905
generator's treatment facility is located or, if the generator is	62906
a hospital as defined in section 3727.01 of the Revised Code,	62907
infectious wastes that are described in division (A)(1)(g), (h),	62908
or (i) of section 3734.021 of the Revised Code;	62909

(b) Holds a license or renewal of a license to operate a	62910
crematory facility issued under Chapter 4717. and a permit issued	62911
under Chapter 3704. of the Revised Code;	62912

(c) Treats or disposes of dead animals or parts thereof, or	62913
the blood of animals, and is subject to any of the following:	62914

(i) Inspection under the "Federal Meat Inspection Act," 81	62915
Stat. 584 (1967), 21 U.S.C.A. 603, as amended;	62916

(ii) Chapter 918. of the Revised Code;

62917

(iii) Chapter 953. of the Revised Code.

62918

Nothing in division (B) of this section requires a facility	62919
that holds a license issued under division (A) of this section as	62920
a solid waste facility and that also treats infectious wastes by	62921
the same method, technique, or process to obtain a license under	62922
division (B) of this section as an infectious waste treatment	62923
facility. However, the solid waste facility license for the	62924
facility shall include the notation that the facility also treats	62925
infectious wastes.	62926

On and after the effective date of the amendments to the	62927
rules adopted under division (C)(2) of section 3734.021 of the	62928
Revised Code that are required by Section 6 of Substitute House	62929
Bill No. 98 of the 120th General Assembly, the director shall not	62930
issue a permit to open a new solid waste incineration facility	62931
unless the proposed facility complies with the requirements for	62932
the location of new infectious waste incineration facilities	62933
established in the required amendments to those rules.	62934

(C) Except for a facility or activity described in division	62935
(E)(3) of section 3734.02 of the Revised Code, a person who	62936
proposes to establish or operate a hazardous waste facility shall	62937
submit a complete application for a hazardous waste facility	62938
installation and operation permit and accompanying detail plans,	62939
specifications, and such information as the director may require	62940
to the environmental protection agency at least one hundred eighty	62941
days before the proposed beginning of operation of the facility.	62942
The applicant shall notify by certified mail the legislative	62943
authority of each municipal corporation, township, and county in	62944
which the facility is proposed to be located of the submission of	62945
the application within ten days after the submission or at such	62946
earlier time as the director may establish by rule. If the	62947
application is for a proposed new hazardous waste disposal or	62948
thermal treatment facility, the applicant also shall give actual	62949
notice of the general design and purpose of the facility to the	62950
legislative authority of each municipal corporation, township, and	62951
county in which the facility is proposed to be located at least	62952
ninety days before the permit application is submitted to the	62953
environmental protection agency.	62954

In accordance with rules adopted under section 3734.12 of the	62955
Revised Code, prior to the submission of a complete application	62956
for a hazardous waste facility installation and operation permit,	62957
the applicant shall hold at least one meeting in the township or	62958
municipal corporation in which the facility is proposed to be	62959
located, whichever is geographically closer to the proposed	62960
location of the facility. The meeting shall be open to the public	62961
and shall be held to inform the community of the proposed	62962
hazardous waste management activities and to solicit questions	62963
from the community concerning the activities.	62964

(D)(1) Except as provided in section 3734.123 of the Revised	62965
Code, upon receipt of a complete application for a hazardous waste	62966
facility installation and operation permit under division (C) of	62967
this section, the director shall consider the application and	62968
accompanying information to determine whether the application	62969
complies with agency rules and the requirements of division (D)(2)	62970
of this section. After making a determination, the director shall	62971
issue either a draft permit or a notice of intent to deny the	62972
permit. The director, in accordance with rules adopted under	62973
section 3734.12 of the Revised Code or with rules adopted to	62974
implement Chapter 3745. of the Revised Code, shall provide public	62975
notice of the application and the draft permit or the notice of	62976
intent to deny the permit, provide an opportunity for public	62977
comments, and, if significant interest is shown, schedule a public	62978
meeting in the county in which the facility is proposed to be	62979
located and give public notice of the date, time, and location of	62980
the public meeting in a newspaper of general circulation in that	62981
county.	62982

(2) The director shall not approve an application for a	62983
hazardous waste facility installation and operation permit or an	62984
application for a modification under division (I)(3) of this	62985
section unless the director finds and determines as follows:	62986

(a) The nature and volume of the waste to be treated, stored,	62987
or disposed of at the facility;	62988

(b) That the facility complies with the director's hazardous	62989
waste standards adopted pursuant to section 3734.12 of the Revised	62990
Code;	62991

(c) That the facility represents the minimum adverse	62992
environmental impact, considering the state of available	62993
technology and the nature and economics of various alternatives,	62994
and other pertinent considerations;	62995

(d) That the facility represents the minimum risk of all of	62996
the following:	62997

(i) Fires or explosions from treatment, storage, or disposal	62998
methods;	62999

(ii) Release of hazardous waste during transportation of	63000
hazardous waste to or from the facility;	63001

(iii) Adverse impact on the public health and safety.

63002

(e) That the facility will comply with this chapter and	63003
Chapters 3704. and 6111. of the Revised Code and all rules and	63004
standards adopted under them;	63005

(f) That if the owner of the facility, the operator of the	63006
facility, or any other person in a position with the facility from	63007
which the person may influence the installation and operation of	63008
the facility has been involved in any prior activity involving	63009
transportation, treatment, storage, or disposal of hazardous	63010
waste, that person has a history of compliance with this chapter	63011
and Chapters 3704. and 6111. of the Revised Code and all rules and	63012
standards adopted under them, the "Resource Conservation and	63013
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	63014
amended, and all regulations adopted under it, and similar laws	63015
and rules of other states if any such prior operation was located	63016
in another state that demonstrates sufficient reliability,	63017
expertise, and competency to operate a hazardous waste facility	63018
under the applicable provisions of this chapter and Chapters 3704.	63019
and 6111. of the Revised Code, the applicable rules and standards	63020
adopted under them, and terms and conditions of a hazardous waste	63021
facility installation and operation permit, given the potential	63022
for harm to the public health and safety and the environment that	63023
could result from the irresponsible operation of the facility. For	63024
off-site facilities, as defined in section 3734.41 of the Revised	63025
Code, the director may use the investigative reports of the	63026
attorney general prepared pursuant to section 3734.42 of the	63027
Revised Code as a basis for making a finding and determination	63028
under division (D)(2)(f) of this section.	63029

(g) That the active areas within a new hazardous waste	63030
facility where acute hazardous waste as listed in 40 C.F.R. 261.33	63031
(e), as amended, or organic waste that is toxic and is listed	63032
under 40 C.F.R. 261, as amended, is being stored, treated, or	63033
disposed of and where the aggregate of the storage design capacity	63034
and the disposal design capacity of all hazardous waste in those	63035
areas is greater than two hundred fifty thousand gallons, are not	63036
located or operated within any of the following:	63037

(i) Two thousand feet of any residence, school, hospital,	63038
jail, or prison;	63039

(ii) Any naturally occurring wetland;

63040

(iii) Any flood hazard area if the applicant cannot show that	63041
the facility will be designed, constructed, operated, and	63042
maintained to prevent washout by a one-hundred-year flood.	63043

Division (D)(2)(g) of this section does not apply to the	63044
facility of any applicant who demonstrates to the director that	63045
the limitations specified in that division are not necessary	63046
because of the nature or volume of the waste and the manner of	63047
management applied, the facility will impose no substantial danger	63048
to the health and safety of persons occupying the structures	63049
listed in division (D)(2)(g)(i) of this section, and the facility	63050
is to be located or operated in an area where the proposed	63051
hazardous waste activities will not be incompatible with existing	63052
land uses in the area.	63053

(h) That the facility will not be located within the	63054
boundaries of a state park established or dedicated under Chapter	63055
1541. of the Revised Code, a state park purchase area established	63056
under section 1541.02 of the Revised Code, any unit of the	63057
national park system, or any property that lies within the	63058
boundaries of a national park or recreation area, but that has not	63059
been acquired or is not administered by the secretary of the	63060
United States department of the interior, located in this state,	63061
or any candidate area located in this state identified for	63062
potential inclusion in the national park system in the edition of	63063
the "national park system plan" submitted under paragraph (b) of	63064
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16	63065
U.S.C.A. 1a-5, as amended, current at the time of filing of the	63066
application for the permit, unless the facility will be used	63067
exclusively for the storage of hazardous waste generated within	63068
the park or recreation area in conjunction with the operation of	63069
the park or recreation area. Division (D)(2)(h) of this section	63070
does not apply to the facility of any applicant for modification	63071
of a permit unless the modification application proposes to	63072
increase the land area included in the facility or to increase the	63073
quantity of hazardous waste that will be treated, stored, or	63074
disposed of at the facility.	63075

(3) Not later than one hundred eighty days after the end of	63076
the public comment period, the director, without prior hearing,	63077
shall issue or deny the permit in accordance with Chapter 3745. of	63078
the Revised Code. If the director approves an application for a	63079
hazardous waste facility installation and operation permit, the	63080
director shall issue the permit, upon such terms and conditions as	63081
the director finds are necessary to ensure the construction and	63082
operation of the hazardous waste facility in accordance with the	63083
standards of this section.	63084

(E) No political subdivision of this state shall require any	63085
additional zoning or other approval, consent, permit, certificate,	63086
or condition for the construction or operation of a hazardous	63087
waste facility authorized by a hazardous waste facility	63088
installation and operation permit issued pursuant to this chapter,	63089
nor shall any political subdivision adopt or enforce any law,	63090
ordinance, or rule that in any way alters, impairs, or limits the	63091
authority granted in the permit.	63092

(F) The director may issue a single hazardous waste facility	63093
installation and operation permit to a person who operates two or	63094
more adjoining facilities where hazardous waste is stored,	63095
treated, or disposed of if the application includes detail plans,	63096
specifications, and information on all facilities. For the	63097
purposes of this section, "adjoining" means sharing a common	63098
boundary, separated only by a public road, or in such proximity	63099
that the director determines that the issuance of a single permit	63100
will not create a hazard to the public health or safety or the	63101
environment.	63102

(G) No person shall falsify or fail to keep or submit any	63103
plans, specifications, data, reports, records, manifests, or other	63104
information required to be kept or submitted to the director by	63105
this chapter or the rules adopted under it.	63106

(H)(1) Each person who holds an installation and operation	63107
permit issued under this section and who wishes to obtain a permit	63108
renewal shall submit a completed application for an installation	63109
and operation permit renewal and any necessary accompanying	63110
general plans, detail plans, specifications, and such information	63111
as the director may require to the director no later than one	63112
hundred eighty days prior to the expiration date of the existing	63113
permit or upon a later date prior to the expiration of the	63114
existing permit if the permittee can demonstrate good cause for	63115
the late submittal. The director shall consider the application	63116
and accompanying information, inspection reports of the facility,	63117
results of performance tests, a report regarding the facility's	63118
compliance or noncompliance with the terms and conditions of its	63119
permit and rules adopted by the director under this chapter, and	63120
such other information as is relevant to the operation of the	63121
facility and shall issue a draft renewal permit or a notice of	63122
intent to deny the renewal permit. The director, in accordance	63123
with rules adopted under this section or with rules adopted to	63124
implement Chapter 3745. of the Revised Code, shall give public	63125
notice of the application and draft renewal permit or notice of	63126
intent to deny the renewal permit, provide for the opportunity for	63127
public comments within a specified time period, schedule a public	63128
meeting in the county in which the facility is located if	63129
significant interest is shown, and give public notice of the	63130
public meeting.	63131

(2) Within sixty days after the public meeting or close of	63132
the public comment period, the director, without prior hearing,	63133
shall issue or deny the renewal permit in accordance with Chapter	63134
3745. of the Revised Code. The director shall not issue a renewal	63135
permit unless the director determines that the facility under the	63136
existing permit has a history of compliance with this chapter,	63137
rules adopted under it, the existing permit, or orders entered to	63138
enforce such requirements that demonstrates sufficient	63139
reliability, expertise, and competency to operate the facility	63140
henceforth under this chapter, rules adopted under it, and the	63141
renewal permit. If the director approves an application for a	63142
renewal permit, the director shall issue the permit subject to the	63143
payment of the annual permit fee required under division (E) of	63144
section 3734.02 of the Revised Code and upon such terms and	63145
conditions as the director finds are reasonable to ensure that	63146
continued operation, maintenance, closure, and post-closure care	63147
of the hazardous waste facility are in accordance with the rules	63148
adopted under section 3734.12 of the Revised Code.	63149

(3) An installation and operation permit renewal application	63150
submitted to the director that also contains or would constitute	63151
an application for a modification shall be acted upon by the	63152
director in accordance with division (I) of this section in the	63153
same manner as an application for a modification. In approving or	63154
disapproving the renewal portion of a permit renewal application	63155
containing an application for a modification, the director shall	63156
apply the criteria established under division (H)(2) of this	63157
section.	63158

(4) An application for renewal or modification of a permit	63159
that does not contain an application for a modification as	63160
described in divisions (I)(3)(a) to (d) of this section shall not	63161
be subject to division (D)(2) of this section.	63162

(I)(1) As used in this section, "modification" means a change	63163
or alteration to a hazardous waste facility or its operations that	63164
is inconsistent with or not authorized by its existing permit or	63165
authorization to operate. Modifications shall be classified as	63166
Class 1, 2, or 3 modifications in accordance with rules adopted	63167
under division (K) of this section. Modifications classified as	63168
Class 3 modifications, in accordance with rules adopted under that	63169
division, shall be further classified by the director as either	63170
Class 3 modifications that are to be approved or disapproved by	63171
the director under divisions (I)(3)(a) to (d) of this section or	63172
as Class 3 modifications that are to be approved or disapproved by	63173
the director under division (I)(5) of this section. Not later than	63174
thirty days after receiving a request for a modification under	63175
division (I)(4) of this section that is not listed in Appendix I	63176
to 40 C.F.R. 270.42 or in rules adopted under division (K) of this	63177
section, the director shall classify the modification and shall	63178
notify the owner or operator of the facility requesting the	63179
modification of the classification. Notwithstanding any other law	63180
to the contrary, a modification that involves the transfer of a	63181
hazardous waste facility installation and operation permit to a	63182
new owner or operator for any off-site facility as defined in	63183
section 3734.41 of the Revised Code shall be classified as a Class	63184
3 modification. The transfer of a hazardous waste facility	63185
installation and operation permit to a new owner or operator for a	63186
facility that is not an off-site facility shall be classified as a	63187
Class 1 modification requiring prior approval of the director.	63188

(2) Except as provided in section 3734.123 of the Revised	63189
Code, a hazardous waste facility installation and operation permit	63190
may be modified at the request of the director or upon the written	63191
request of the permittee only if any of the following applies:	63192

(a) The permittee desires to accomplish alterations,	63193
additions, or deletions to the permitted facility or to undertake	63194
alterations, additions, deletions, or activities that are	63195
inconsistent with or not authorized by the existing permit;	63196

(b) New information or data justify permit conditions in	63197
addition to or different from those in the existing permit;	63198

(c) The standards, criteria, or rules upon which the existing	63199
permit is based have been changed by new, amended, or rescinded	63200
standards, criteria, or rules, or by judicial decision after the	63201
existing permit was issued, and the change justifies permit	63202
conditions in addition to or different from those in the existing	63203
permit;	63204

(d) The permittee proposes to transfer the permit to another	63205
person.	63206

(3) The director shall approve or disapprove an application	63207
for a modification in accordance with division (D)(2) of this	63208
section and rules adopted under division (K) of this section for	63209
all of the following categories of Class 3 modifications:	63210

(a) Authority to conduct treatment, storage, or disposal at a	63211
site, location, or tract of land that has not been authorized for	63212
the proposed category of treatment, storage, or disposal activity	63213
by the facility's permit;	63214

(b) Modification or addition of a hazardous waste management	63215
unit, as defined in rules adopted under section 3734.12 of the	63216
Revised Code, that results in an increase in a facility's storage	63217
capacity of more than twenty-five per cent over the capacity	63218
authorized by the facility's permit, an increase in a facility's	63219
treatment rate of more than twenty-five per cent over the rate so	63220
authorized, or an increase in a facility's disposal capacity over	63221
the capacity so authorized. The authorized disposal capacity for a	63222
facility shall be calculated from the approved design plans for	63223
the disposal units at that facility. In no case during a five-year	63224
period shall a facility's storage capacity or treatment rate be	63225
modified to increase by more than twenty-five per cent in the	63226
aggregate without the director's approval in accordance with	63227
division (D)(2) of this section. Notwithstanding any provision of	63228
division (I) of this section to the contrary, a request for	63229
modification of a facility's annual total waste receipt limit	63230
shall be classified and approved or disapproved by the director	63231
under division (I)(5) of this section.	63232

(c) Authority to add any of the following categories of	63233
regulated activities not previously authorized at a facility by	63234
the facility's permit: storage at a facility not previously	63235
authorized to store hazardous waste, treatment at a facility not	63236
previously authorized to treat hazardous waste, or disposal at a	63237
facility not previously authorized to dispose of hazardous waste;	63238
or authority to add a category of hazardous waste management unit	63239
not previously authorized at the facility by the facility's	63240
permit. Notwithstanding any provision of division (I) of this	63241
section to the contrary, a request for authority to add or to	63242
modify an activity or a hazardous waste management unit for the	63243
purposes of performing a corrective action shall be classified and	63244
approved or disapproved by the director under division (I)(5) of	63245
this section.	63246

(d) Authority to treat, store, or dispose of waste types	63247
listed or characterized as reactive or explosive, in rules adopted	63248
under section 3734.12 of the Revised Code, or any acute hazardous	63249
waste listed in 40 C.F.R. 261.33(e), as amended, at a facility not	63250
previously authorized to treat, store, or dispose of those types	63251
of wastes by the facility's permit unless the requested authority	63252
is limited to wastes that no longer exhibit characteristics	63253
meeting the criteria for listing or characterization as reactive	63254
or explosive wastes, or for listing as acute hazardous waste, but	63255
still are required to carry those waste codes as established in	63256
rules adopted under section 3734.12 of the Revised Code because of	63257
the requirements established in 40 C.F.R. 261(a) and (e), as	63258
amended, that is, the "mixture," "derived-from," or "contained-in"	63259
regulations.	63260

(4) A written request for a modification from the permittee	63261
shall be submitted to the director and shall contain such	63262
information as is necessary to support the request. Requests for	63263
modifications shall be acted upon by the director in accordance	63264
with this section and rules adopted under it.	63265

(5) Class 1 modification applications that require prior	63266
approval of the director, as provided in division (I)(1) of this	63267
section or as determined in accordance with rules adopted under	63268
division (K) of this section, Class 2 modification applications,	63269
and Class 3 modification applications that are not described in	63270
divisions (I)(3)(a) to (d) of this section shall be approved or	63271
disapproved by the director in accordance with rules adopted under	63272
division (K) of this section. The board of county commissioners of	63273
the county, the board of township trustees of the township, and	63274
the city manager or mayor of the municipal corporation in which a	63275
hazardous waste facility is located shall receive notification of	63276
any application for a modification for that facility and shall be	63277
considered as interested persons with respect to the director's	63278
consideration of the application.	63279

As used in division (I) of this section:

63280

(a) "Owner" means the person who owns a majority or	63281
controlling interest in a facility.	63282

(b) "Operator" means the person who is responsible for the	63283
overall operation of a facility.	63284

The director shall approve or disapprove an application for a	63285
Class 1 modification that requires the director's approval within	63286
sixty days after receiving the request for modification. The	63287
director shall approve or disapprove an application for a Class 2	63288
modification within three hundred days after receiving the request	63289
for modification. The director shall approve or disapprove an	63290
application for a Class 3 modification within three hundred	63291
sixty-five days after receiving the request for modification.	63292

(6) The approval or disapproval by the director of a Class 1	63293
modification application is not a final action that is appealable	63294
under Chapter 3745. of the Revised Code. The approval or	63295
disapproval by the director of a Class 2 modification or a Class 3	63296
modification is a final action that is appealable under that	63297
chapter. In approving or disapproving a request for a	63298
modification, the director shall consider all comments pertaining	63299
to the request that are received during the public comment period	63300
and the public meetings. The administrative record for appeal of a	63301
final action by the director in approving or disapproving a	63302
request for a modification shall include all comments received	63303
during the public comment period relating to the request for	63304
modification, written materials submitted at the public meetings	63305
relating to the request, and any other documents related to the	63306
director's action.	63307

(7) Notwithstanding any other provision of law to the	63308
contrary, a change or alteration to a hazardous waste facility	63309
described in division (E)(3)(a) or (b) of section 3734.02 of the	63310
Revised Code, or its operations, is a modification for the	63311
purposes of this section. An application for a modification at	63312
such a facility shall be submitted, classified, and approved or	63313
disapproved in accordance with divisions (I)(1) to (6) of this	63314
section in the same manner as a modification to a hazardous waste	63315
facility installation and operation permit.	63316

(J)(1) Except as provided in division (J)(2) of this section,	63317
an owner or operator of a hazardous waste facility that is	63318
operating in accordance with a permit by rule under rules adopted	63319
by the director under division (E)(3)(b) of section 3734.02 of the	63320
Revised Code shall submit either a hazardous waste facility	63321
installation and operation permit application for the facility or	63322
a modification application, whichever is required under division	63323
(J)(1)(a) or (b) of this section, within one hundred eighty days	63324
after the director has requested the application or upon a later	63325
date if the owner or operator demonstrates to the director good	63326
cause for the late submittal.	63327

(a) If the owner or operator does not have a hazardous waste	63328
facility installation and operation permit for any hazardous waste	63329
treatment, storage, or disposal activities at the facility, the	63330
owner or operator shall submit an application for such a permit to	63331
the director for the activities authorized by the permit by rule.	63332
Notwithstanding any other provision of law to the contrary, the	63333
director shall approve or disapprove the application for the	63334
permit in accordance with the procedures governing the approval or	63335
disapproval of permit renewals under division (H) of this section.	63336

(b) If the owner or operator has a hazardous waste facility	63337
installation and operation permit for hazardous waste treatment,	63338
storage, or disposal activities at the facility other than those	63339
authorized by the permit by rule, the owner or operator shall	63340
submit to the director a request for modification in accordance	63341
with division (I) of this section. Notwithstanding any other	63342
provision of law to the contrary, the director shall approve or	63343
disapprove the modification application in accordance with	63344
division (I)(5) of this section.	63345

(2) The owner or operator of a boiler or industrial furnace	63346
that is conducting thermal treatment activities in accordance with	63347
a permit by rule under rules adopted by the director under	63348
division (E)(3)(b) of section 3734.02 of the Revised Code shall	63349
submit a hazardous waste facility installation and operation	63350
permit application if the owner or operator does not have such a	63351
permit for any hazardous waste treatment, storage, or disposal	63352
activities at the facility or, if the owner or operator has such a	63353
permit for hazardous waste treatment, storage, or disposal	63354
activities at the facility other than thermal treatment activities	63355
authorized by the permit by rule, a modification application to	63356
add those activities authorized by the permit by rule, whichever	63357
is applicable, within one hundred eighty days after the director	63358
has requested the submission of the application or upon a later	63359
date if the owner or operator demonstrates to the director good	63360
cause for the late submittal. The application shall be accompanied	63361
by information necessary to support the request. The director	63362
shall approve or disapprove an application for a hazardous waste	63363
facility installation and operation permit in accordance with	63364
division (D) of this section and approve or disapprove an	63365
application for a modification in accordance with division (I)(3)	63366
of this section, except that the director shall not disapprove an	63367
application for the thermal treatment activities on the basis of	63368
the criteria set forth in division (D)(2)(g) or (h) of this	63369
section.	63370

(3) As used in division (J) of this section:

63371

(a) "Modification application" means a request for a	63372
modification submitted in accordance with division (I) of this	63373
section.	63374

(b) "Thermal treatment," "boiler," and "industrial furnace"	63375
have the same meanings as in rules adopted under section 3734.12	63376
of the Revised Code.	63377

(K) The director shall adopt, and may amend, suspend, or	63378
rescind, rules in accordance with Chapter 119. of the Revised Code	63379
in order to implement divisions (H) and (I) of this section.	63380
Except when in actual conflict with this section, rules governing	63381
the classification of and procedures for the modification of	63382
hazardous waste facility installation and operation permits shall	63383
be substantively and procedurally identical to the regulations	63384
governing hazardous waste facility permitting and permit	63385
modifications adopted under the "Resource Conservation and	63386
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	63387
amended.	63388

Sec. 3734.06. (A)(1) Except as provided in ~~division~~	63389
divisions (A)(2), (3), ~~and~~ (4), and (5) of this section and in	63390
section 3734.82 of the Revised Code, the annual fee for a solid	63391
waste facility license shall be in accordance with the following	63392
schedule:	63393

AUTHORIZED MAXIMUM	ANNUAL	63394
DAILY WASTE	LICENSE	63395
RECEIPT (TONS)	FEE	63396
100 or less	$ 5,000	63397
101 to 200	12,500	63398
201 to 500	30,000	63399
501 or more	60,000	63400

For the purpose of determining the applicable license fee	63401
under divisions (A)(1) ~~and~~, (2), and (3) of this section, the	63402
authorized maximum daily waste receipt shall be the maximum amount	63403
of wastes the facility is authorized to receive daily that is	63404
established in the permit for the facility, and any modifications	63405
to that permit, issued under division (A)(2) or (3) of section	63406
3734.05 of the Revised Code; the annual license for the facility,	63407
and any revisions to that license, issued under division (A)(1) of	63408
section 3734.05 of the Revised Code; the approved operating plan	63409
or operational report for which submission and approval are	63410
required by rules adopted by the director of environmental	63411
protection under section 3734.02 of the Revised Code; an order	63412
issued by the director as authorized by rule; or the updated	63413
engineering plans, specifications, and facility and operation	63414
information approved under division (A)(4) of section 3734.05 of	63415
the Revised Code. If no authorized maximum daily waste receipt is	63416
so established, the annual license fee is sixty thousand dollars	63417
under division (A)(1) of this section and thirty thousand dollars	63418
under ~~division~~divisions (A)(2) and (3) of this section.	63419

The authorized maximum daily waste receipt set forth in any	63420
such document shall be stated in terms of cubic yards of volume	63421
for the purpose of regulating the design, construction, and	63422
operation of a solid waste facility. For the purpose of	63423
determining applicable license fees under this section, the	63424
authorized maximum daily waste receipt so stated shall be	63425
converted from cubic yards to tons as the unit of measurement	63426
based upon a conversion factor of three cubic yards per ton for	63427
compacted wastes generally and one cubic yard per ton for baled	63428
wastes.	63429

(2) The annual license fee for a facility that is an	63430
incinerator facility is one-half the amount shown in division	63431
(A)(1) of this section. When a municipal corporation, county, or	63432
township owns and operates more than one incinerator within its	63433
boundaries, the municipal corporation, county, or township shall	63434
pay one fee for the licenses for all of its incinerators. The fee	63435
shall be determined on the basis of the aggregate maximum daily	63436
waste receipt for all the incinerators owned and operated by the	63437
municipal corporation, county, or township in an amount that is	63438
one-half the amount shown in division (A)(1) of this section.	63439

(3) The annual fee for a solid waste compost facility license	63440
shall be in accordance with the following schedule:	63441

AUTHORIZED MAXIMUM	ANNUAL	63442
DAILY WASTE	LICENSE	63443
RECEIPT (TONS)	FEE	63444
12 or less	$ 300	63445
13 to 25	600	63446
26 to 50	1,200	63447
51 to 75	1,800	63448
76 to 100	2,500	63449
101 to ~~200~~ 150	~~6,250~~ 3,750	63450
151 to 200	5,000	63451
201 to ~~500~~ 250	~~15,000~~ 6,250	63452
251 to 300	7,500	63453
301 to 400	10,000	63454
401 to 500	12,500	63455
501 or more	30,000	63456

~~(3)~~(4) The annual license fee for a solid waste facility,	63457
regardless of its authorized maximum daily waste receipt, is five	63458
thousand dollars for a facility meeting either of the following	63459
qualifications:	63460

(a) The facility is owned by a generator of solid wastes when	63461
the solid waste facility exclusively disposes of solid wastes	63462
generated at one or more premises owned by the generator	63463
regardless of whether the facility is located on a premises where	63464
the wastes are generated;.	63465

(b) The facility exclusively disposes of wastes that are	63466
generated from the combustion of coal, or from the combustion of	63467
primarily coal in combination with scrap tires, that is not	63468
combined in any way with garbage at one or more premises owned by	63469
the generator.	63470

~~(4)~~(5) The annual license fee for a facility that is a	63471
transfer facility is seven hundred fifty dollars.	63472

~~(5)~~(6) The same fees shall apply to private operators and to	63473
the state and its political subdivisions and shall be paid within	63474
thirty days after issuance of a license. The fee includes the cost	63475
of licensing, all inspections, and other costs associated with the	63476
administration of the solid waste provisions of this chapter and	63477
rules adopted under them, excluding the provisions governing scrap	63478
tires. Each such license shall specify that it is conditioned upon	63479
payment of the applicable fee to the board of health or the	63480
director, as appropriate, within thirty days after issuance of the	63481
license.	63482

(B) The board of health shall retain two thousand five	63483
hundred dollars of each license fee collected by the board under	63484
divisions (A)(1), (2), ~~and~~ (3), and (4) of this section or the	63485
entire amount of any such fee that is less than two thousand five	63486
hundred dollars. The moneys retained shall be paid into a special	63487
fund, which is hereby created in each health district, and used	63488
solely to administer and enforce the solid waste provisions of	63489
this chapter and the rules adopted under them, excluding the	63490
provisions governing scrap tires. The remainder of each license	63491
fee collected by the board shall be transmitted to the director	63492
within forty-five days after receipt of the fee. The director	63493
shall transmit these moneys to the treasurer of state to be	63494
credited to the general revenue fund. The board of health shall	63495
retain the entire amount of each fee collected under division	63496
(A)~~(4)~~(5) of this section, which moneys shall be paid into the	63497
special fund of the health district.	63498

(C)(1) Except as provided in divisions (C)(2) and (3) of this	63499
section, the annual fee for an infectious waste treatment facility	63500
license shall be in accordance with the following schedule:	63501

AVERAGE	ANNUAL	63502
DAILY WASTE	LICENSE	63503
RECEIPT (TONS)	FEE	63504
100 or less	$ 5,000	63505
101 to 200	12,500	63506
201 to 500	30,000	63507
501 or more	60,000	63508

For the purpose of determining the applicable license fee	63509
under divisions (C)(1) and (2) of this section, the average daily	63510
waste receipt shall be the average amount of infectious wastes the	63511
facility is authorized to receive daily that is established in the	63512
permit for the facility, and any modifications to that permit,	63513
issued under division (B)(2)(b) or (d) of section 3734.05 of the	63514
Revised Code; or the annual license for the facility, and any	63515
revisions to that license, issued under division (B)(2)(a) of	63516
section 3734.05 of the Revised Code. If no average daily waste	63517
receipt is so established, the annual license fee is sixty	63518
thousand dollars under division (C)(1) of this section and thirty	63519
thousand dollars under division (C)(2) of this section.	63520

(2) The annual license fee for an infectious waste treatment	63521
facility that is an incinerator is one-half the amount shown in	63522
division (C)(1) of this section.	63523

(3) Fees levied under divisions (C)(1) and (2) of this	63524
section shall apply to private operators and to the state and its	63525
political subdivisions and shall be paid within thirty days after	63526
issuance of a license. The fee includes the cost of licensing, all	63527
inspections, and other costs associated with the administration of	63528
the infectious waste provisions of this chapter and rules adopted	63529
under them. Each such license shall specify that it is conditioned	63530
upon payment of the applicable fee to the board of health or the	63531
director, as appropriate, within thirty days after issuance of the	63532
license.	63533

(4) The board of health shall retain two thousand five	63534
hundred dollars of each license fee collected by the board under	63535
divisions (C)(1) and (2) of this section. The moneys retained	63536
shall be paid into a special infectious waste fund, which is	63537
hereby created in each health district, and used solely to	63538
administer and enforce the infectious waste provisions of this	63539
chapter and the rules adopted under them. The remainder of each	63540
license fee collected by the board shall be transmitted to the	63541
director within forty-five days after receipt of the fee. The	63542
director shall transmit these moneys to the treasurer of state to	63543
be credited to the general revenue fund.	63544

Sec. 3734.18. (A) As used in this section:

63545

(1) "On-site facility" means a facility that treats or	63546
disposes of hazardous waste that is generated on the premises of	63547
the facility.	63548

(2) "Off-site facility" means a facility that treats or	63549
disposes of hazardous waste that is generated off the premises of	63550
the facility.	63551

(3) "Satellite facility" means any of the following:

63552

(a) An on-site facility that also receives hazardous waste	63553
from other premises owned by the same person who generates the	63554
waste on the facility premises;	63555

(b) An off-site facility operated so that all of the	63556
hazardous waste it receives is generated on one or more premises	63557
owned by the person who owns the facility;	63558

(c) An on-site facility that also receives hazardous waste	63559
that is transported uninterruptedly and directly to the facility	63560
through a pipeline from a generator who is not the owner of the	63561
facility.	63562

(B) A treatment or disposal facility that is subject to the	63563
fees that are levied under this section may be both an on-site	63564
facility and an off-site facility. The determination of whether an	63565
on-site facility fee or an off-site facility fee is to be paid for	63566
a hazardous waste that is treated or disposed of at the facility	63567
shall be based on whether that hazardous waste was generated on or	63568
off the premises of the facility.	63569

(C) There are hereby levied fees on the disposal of hazardous	63570
waste to be collected according to the following schedule at each	63571
disposal facility to which a hazardous waste facility installation	63572
and operation permit or renewal of a permit has been issued under	63573
this chapter or that is operating in accordance with a permit by	63574
rule under rules adopted by the director of environmental	63575
protection:	63576

(1) For disposal facilities that are off-site facilities,	63577
fees shall be levied at the rate of four dollars and fifty cents	63578
per ton for hazardous waste disposed of by deep well injection and	63579
nine dollars per ton for hazardous waste disposed of by land	63580
application or landfilling. The owner or operator of the facility,	63581
as a trustee for the state, shall collect the fees and forward	63582
them to the director in accordance with rules adopted under this	63583
section.	63584

(2) For disposal facilities that are on-site or satellite	63585
facilities, fees shall be levied at the rate of two dollars per	63586
ton for hazardous waste disposed of by deep well injection and	63587
four dollars per ton for hazardous waste disposed of by land	63588
application or landfilling. The maximum annual disposal fee for an	63589
on-site disposal facility that disposes of one hundred thousand	63590
tons or less of hazardous waste in a year is twenty-five thousand	63591
dollars. The maximum annual disposal fee for an on-site facility	63592
that disposes of more than one hundred thousand tons of hazardous	63593
waste in a year by land application or landfilling is fifty	63594
thousand dollars, and the maximum annual fee for an on-site	63595
facility that disposes of more than one hundred thousand tons of	63596
hazardous waste in a year by deep well injection is one hundred	63597
thousand dollars. The maximum annual disposal fee for a satellite	63598
facility that disposes of one hundred thousand tons or less of	63599
hazardous waste in a year is thirty-seven thousand five hundred	63600
dollars, and the maximum annual disposal fee for a satellite	63601
facility that disposes of more than one hundred thousand tons of	63602
hazardous waste in a year is seventy-five thousand dollars, except	63603
that a satellite facility defined under division (A)(3)(b) of this	63604
section that receives hazardous waste from a single generation	63605
site is subject to the same maximum annual disposal fees as an	63606
on-site disposal facility. The owner or operator shall pay the fee	63607
to the director each year upon the anniversary of the date of	63608
issuance of the owner's or operator's installation and operation	63609
permit during the term of that permit and any renewal permit	63610
issued under division (H) of section 3734.05 of the Revised Code	63611
or on the anniversary of the date of a permit by rule. If payment	63612
is late, the owner or operator shall pay an additional ten per	63613
cent of the amount of the fee for each month that it is late.	63614

(D) There are hereby levied fees at the rate of two dollars	63615
per ton on hazardous waste that is treated at treatment facilities	63616
that are not on-site or satellite facilities to which a hazardous	63617
waste facility installation and operation permit or renewal of a	63618
permit has been issued under this chapter, whose owner or operator	63619
is operating in accordance with a permit by rule under rules	63620
adopted by the director, or that are not subject to the hazardous	63621
waste facility installation and operation permit requirements	63622
under rules adopted by the director.	63623

(E) There are hereby levied additional fees on the treatment	63624
and disposal of hazardous waste at the rate of ten per cent of the	63625
applicable fees prescribed in division (C) or (D) of this section	63626
for the purposes of paying the costs of municipal corporations and	63627
counties for conducting reviews of applications for hazardous	63628
waste facility installation and operation permits for proposed new	63629
or modified hazardous waste landfills within their boundaries,	63630
emergency response actions with respect to releases of hazardous	63631
waste from hazardous waste facilities within their boundaries,	63632
monitoring the operation of such hazardous waste facilities, and	63633
local waste management planning programs. The owner or operator of	63634
a facility located within a municipal corporation, as a trustee	63635
for the municipal corporation, shall collect the fees levied by	63636
this division and forward them to the treasurer of the municipal	63637
corporation or such officer as, by virtue of the charter, has the	63638
duties of the treasurer in accordance with rules adopted under	63639
this section. The owner or operator of a facility located in an	63640
unincorporated area, as a trustee of the county in which the	63641
facility is located, shall collect the fees levied by this	63642
division and forward them to the county treasurer of that county	63643
in accordance with rules adopted under this section. The owner or	63644
operator shall pay the fees levied by this division to the	63645
treasurer or such other officer of the municipal corporation or to	63646
the county treasurer each year upon the anniversary of the date of	63647
issuance of the owner's or operator's installation and operation	63648
permit during the term of that permit and any renewal permit	63649
issued under division (H) of section 3734.05 of the Revised Code	63650
or on the anniversary of the date of a permit by rule or the date	63651
on which the facility became exempt from hazardous waste facility	63652
installation and operation permit requirements under rules adopted	63653
by the director. If payment is late, the owner or operator shall	63654
pay an additional ten per cent of the amount of the fee for each	63655
month that the payment is late.	63656

Moneys received by a municipal corporation under this	63657
division shall be paid into a special fund of the municipal	63658
corporation and used exclusively for the purposes of conducting	63659
reviews of applications for hazardous waste facility installation	63660
and operation permits for new or modified hazardous waste	63661
landfills located or proposed within the municipal corporation,	63662
conducting emergency response actions with respect to releases of	63663
hazardous waste from facilities located within the municipal	63664
corporation, monitoring operation of such hazardous waste	63665
facilities, and conducting waste management planning programs	63666
within the municipal corporation through employees of the	63667
municipal corporation or pursuant to contracts entered into with	63668
persons or political subdivisions. Moneys received by a board of	63669
county commissioners under this division shall be paid into a	63670
special fund of the county and used exclusively for those purposes	63671
within the unincorporated area of the county through employees of	63672
the county or pursuant to contracts entered into with persons or	63673
political subdivisions.	63674

(F) As used in this section, "treatment" or "treated" does	63675
not include any method, technique, or process designed to recover	63676
energy or material resources from the waste or to render the waste	63677
amenable for recovery. The fees levied by division (D) of this	63678
section do not apply to hazardous waste that is treated and	63679
disposed of on the same premises or by the same person.	63680

(G) The director, by rules adopted in accordance with	63681
Chapters 119. and 3745. of the Revised Code, shall prescribe any	63682
dates not specified in this section and procedures for collecting	63683
and forwarding the fees prescribed by this section and may	63684
prescribe other requirements that are necessary to carry out this	63685
section.	63686

The director shall deposit the moneys collected under	63687
divisions (C) and (D) of this section ~~into one or more minority~~	63688
~~banks, as "minority bank" is defined in division (F)(1) of section~~	63689
~~135.04 of the Revised Code,~~ to the credit of the hazardous waste	63690
facility management fund, which is hereby created in the state	63691
treasury, except that the director shall deposit to the credit of	63692
the underground injection control fund created in section 6111.046	63693
of the Revised Code moneys in excess of fifty thousand dollars	63694
that are collected during a fiscal year under division (C)(2) of	63695
this section from the fee levied on the disposal of hazardous	63696
waste by deep well injection at an on-site disposal facility that	63697
disposes of more than one hundred thousand tons of hazardous waste	63698
in a year.	63699

The environmental protection agency may use moneys in the	63700
hazardous waste facility management fund for administration of the	63701
hazardous waste program established under this chapter and, in	63702
accordance with this section, may request approval by the	63703
controlling board on an annual basis for that use ~~on an annual~~	63704
~~basis. In addition, the agency may use and pledge moneys in that~~	63705
~~fund for repayment of and for interest on any loans made by the~~	63706
~~Ohio water development authority to the agency for the hazardous~~	63707
~~waste program established under this chapter without the necessity~~	63708
~~of requesting approval by the controlling board, which use and~~	63709
~~pledge shall have priority over any other use of the moneys in the~~	63710
~~fund~~and for the purposes specified in sections 3734.19 to 3734.27	63711
of the Revised Code.	63712

~~Until September 28, 1996, the director also may use moneys in~~	63713
~~the fund to pay the start-up costs of administering Chapter 3746.~~	63714
~~of the Revised Code.~~	63715

If moneys in the fund that the agency uses in accordance with	63716
this chapter are reimbursed by grants or other moneys from the	63717
United States government, the grants or other moneys shall be	63718
placed in the fund.	63719

Before the agency makes any expenditure from the fund other	63720
than for repayment of and interest on any loan made by the Ohio	63721
water development authority to the agency ~~in accordance with this~~	63722
~~section~~, the controlling board shall approve the expenditure.	63723

Sec. 3734.19. (A) If the legislative or executive authority	63724
of a municipal corporation, county, or township has evidence to	63725
indicate that locations within its boundaries once served as	63726
hazardous waste facilities or that significant quantities of	63727
hazardous waste were disposed of in solid waste facilities within	63728
its boundaries, it may file a formal written request with the	63729
director of environmental protection, accompanied by supporting	63730
evidence, to survey the locations or facilities.	63731

Upon receipt of a request and a review of the evidence	63732
submitted with the request, the director shall conduct an	63733
investigation to determine if hazardous waste was actually	63734
treated, stored, or disposed of at the locations or facilities	63735
and, if so, to determine the nature and approximate quantity and	63736
types of the waste treated, stored, or disposed of at the	63737
particular locations or facilities. In addition, the director	63738
shall determine whether the locations or facilities, because of	63739
their present condition and the nature and quantities of waste	63740
treated, stored, or disposed of therein, result or are likely to	63741
result in air pollution, pollution of the waters of the state, or	63742
soil contamination or constitute a present or imminent and	63743
substantial threat to public health or safety. The director shall	63744
report the findings of ~~his~~the investigation to the municipal	63745
corporation, county, or township requesting the survey.	63746

For the purpose of conducting investigations under this	63747
section, the director or ~~his~~the director's authorized	63748
representative may enter upon any public or private property. The	63749
director or ~~his~~the director's authorized representative may apply	63750
for, and any judge of a court of common pleas shall issue, an	63751
appropriate search warrant necessary to achieve the purposes of	63752
this section within the court's territorial jurisdiction. When	63753
conducting investigations under this section, the director shall	63754
cause no unnecessary damage to any property. The director may	63755
expend moneys from the hazardous waste facility management fund	63756
created in section 3734.18 of the Revised Code, the hazardous	63757
waste clean-up fund created in section 3734.28 of the Revised	63758
Code, or the environmental protection remediation fund created in	63759
section 3734.281 of the Revised Code for conducting	63760
investigations.	63761

(B) As used in this section and in sections 3734.20, 3734.21,	63762
3734.23, 3734.25, and 3734.26 of the Revised Code, "soil	63763
contamination" means the presence in or on the soil of any	63764
hazardous waste or hazardous waste residue resulting from the	63765
discharge, deposit, injection, dumping, spilling, leaking,	63766
emitting, or placing into or on the soil of hazardous waste or	63767
hazardous waste residue, or any material that when discharged,	63768
deposited, injected, dumped, spilled, leaked, emitted, or placed	63769
into or on the soil becomes a hazardous waste, in any quantity or	63770
having any characteristics that are or threaten to be injurious to	63771
public health or safety, plant or animal life, or the environment	63772
or that unreasonably interfere with the comfortable enjoyment of	63773
life or property.	63774

Sec. 3734.20. (A) If the director of environmental	63775
protection has reason to believe that hazardous waste was treated,	63776
stored, or disposed of at any location within the state, the	63777
director may conduct such investigations and make such inquiries,	63778
including obtaining samples and examining and copying records, as	63779
are reasonable or necessary to determine if conditions at a	63780
hazardous waste facility, solid waste facility, or other location	63781
where the director has reason to believe hazardous waste was	63782
treated, stored, or disposed of constitute a substantial threat to	63783
public health or safety or are causing or contributing to or	63784
threatening to cause or contribute to air or water pollution or	63785
soil contamination. The director or the director's authorized	63786
representative may apply for, and any judge of a court of common	63787
pleas shall issue, an appropriate search warrant necessary to	63788
achieve the purposes of this section within the court's	63789
territorial jurisdiction. The director may expend moneys from the	63790
hazardous waste facility management fund created in section	63791
3734.18 of the Revised Code, the hazardous waste clean-up fund	63792
created in section 3734.28 of the Revised Code, or the	63793
environmental protection remediation fund created in section	63794
3734.281 of the Revised Code for conducting investigations under	63795
this section.	63796

(B) If the director determines that conditions at a hazardous	63797
waste facility, solid waste facility, or other location where	63798
hazardous waste was treated, stored, or disposed of constitute a	63799
substantial threat to public health or safety or are causing or	63800
contributing to or threatening to cause or contribute to air or	63801
water pollution or soil contamination, the director shall initiate	63802
appropriate action under this chapter or Chapter 3704. or 6111. of	63803
the Revised Code or seek any other appropriate legal or equitable	63804
remedies to abate the pollution or contamination or to protect	63805
public health or safety.	63806

If an order of the director to abate or prevent air or water	63807
pollution or soil contamination or to remedy a threat to public	63808
health or safety caused by conditions at such a facility issued	63809
pursuant to this chapter or Chapter 3704. or 6111. of the Revised	63810
Code is not wholly complied with within the time prescribed in the	63811
order, the director may, through officers or employees of the	63812
environmental protection agency or through contractors employed	63813
for that purpose in accordance with the bidding procedure	63814
established in division (C) of section 3734.23 of the Revised	63815
Code, enter upon the facility and perform those measures necessary	63816
to abate or prevent air or water pollution or soil contamination	63817
from the facility or to protect public health or safety,	63818
including, but not limited to, measures prescribed in division (B)	63819
of section 3734.23 of the Revised Code. The director shall keep an	63820
itemized record of the cost of the investigation and measures	63821
performed, including costs for labor, materials, and any contract	63822
services required. Upon completion of the investigation or	63823
measures, the director shall record the cost of performing those	63824
measures at the office of the county recorder of the county in	63825
which the facility is located. The cost so recorded constitutes a	63826
lien against the property on which the facility is located until	63827
discharged. Upon written request of the director, the attorney	63828
general shall institute a civil action to recover the cost. Any	63829
moneys so received shall be credited to the hazardous waste	63830
facility management fund, the hazardous waste clean-up fund, or	63831
the environmental protection remediation fund, as applicable.	63832

When entering upon a facility under this division, the	63833
director shall perform or cause to be performed only those	63834
measures necessary to abate or prevent air or water pollution or	63835
soil contamination caused by conditions at the facility or to	63836
abate threats to public health or safety caused by conditions at	63837
the facility. For this purpose the director may expend moneys from	63838
~~either~~the hazardous waste facility management fund, the hazardous	63839
waste clean-up fund, or the environmental protection remediation	63840
fund and may expend moneys from loans from the Ohio water	63841
development authority to the environmental protection agency that	63842
pledge moneys from ~~either~~the hazardous waste facility management	63843
fund, the hazardous waste clean-up fund, or the environmental	63844
protection remediation fund for the repayment of and for the	63845
interest on such loans.	63846

Sec. 3734.21. (A) The director of environmental protection	63847
may expend moneys credited to the hazardous waste facility	63848
management fund created in section 3734.18 of the Revised Code,	63849
the hazardous waste clean-up fund created in section 3734.28 of	63850
the Revised Code, or the environmental protection remediation fund	63851
created in section 3734.281 of the Revised Code for the payment of	63852
the cost of measures necessary for the proper closure of hazardous	63853
waste facilities or any solid waste facilities containing	63854
significant quantities of hazardous waste, for the payment of	63855
costs of the development and construction of suitable hazardous	63856
waste facilities required by division (B) of section 3734.23 of	63857
the Revised Code to the extent the director determines that such	63858
facilities are not available, and for the payment of costs that	63859
are necessary to abate conditions thereon that are causing or	63860
contributing to or threatening to cause or contribute to air or	63861
water pollution or soil contamination or that constitute a	63862
substantial threat to public health or safety. In addition, the	63863
director may expend and pledge moneys credited to ~~either~~the	63864
hazardous waste facility management fund, the hazardous waste	63865
clean-up fund, or the environmental protection remediation fund	63866
for repayment of and for interest on any loan made by the Ohio	63867
water development authority to the environmental protection agency	63868
for the payment of such costs.	63869

(B) Before beginning to clean up any facility under this	63870
section, the director shall develop a plan for the cleanup and an	63871
estimate of the cost thereof. The plan shall include only those	63872
measures necessary to abate conditions thereon that are causing or	63873
contributing to or threatening to cause or contribute to air or	63874
water pollution or soil contamination or that constitute a	63875
substantial threat to public health or safety, including, but not	63876
limited to, establishment and maintenance of an adequate cover of	63877
soil and vegetation on any facility for the burial of hazardous	63878
waste to prevent the infiltration of water into cells where	63879
hazardous waste is buried, the accumulation or runoff of	63880
contaminated surface water, the production of leachate, and air	63881
emissions of hazardous waste; the collection and treatment of	63882
contaminated surface water runoff; the collection and treatment of	63883
leachate; or, if conditions so require, the removal of hazardous	63884
waste from the facility and the treatment or disposal of the waste	63885
at a suitable hazardous waste facility. The plan or any part of	63886
the plan for the cleanup of the facility shall be carried out by	63887
entering into contracts therefor in accordance with the procedures	63888
established in division (C) of section 3734.23 of the Revised	63889
Code.	63890

Sec. 3734.22. Before beginning to clean up any facility	63891
under section 3734.21 of the Revised Code, the director of	63892
environmental protection shall endeavor to enter into an agreement	63893
with the owner of the land on which the facility is located, or	63894
with the owner of the facility, specifying the measures to be	63895
performed and authorizing the director, employees of the agency,	63896
or contractors retained by the director to enter upon the land and	63897
perform the specified measures.	63898

Each agreement may contain provisions for the reimbursement	63899
of the state for the costs of the cleanup.	63900

All reimbursements and payments shall be credited to the	63901
hazardous waste facility management fund created in section	63902
3734.18 of the Revised Code, the hazardous waste clean-up fund	63903
created in section 3734.28 of the Revised Code, or the	63904
environmental protection remediation fund created in section	63905
3734.281 of the Revised Code, as applicable.	63906

The agreement may require the owner to execute an easement	63907
whereby the director, an authorized employee of the agency, or a	63908
contractor employed by the agency in accordance with the bidding	63909
procedure established in division (C) of section 3734.23 of the	63910
Revised Code may enter upon the facility to sample, repair, or	63911
reconstruct air and water quality monitoring equipment constructed	63912
under the agreement. Such easements shall be for a specified	63913
period of years and may be extinguished by agreement between the	63914
owner and the director. When necessary to protect the public	63915
health or safety, the agreement may require the owner to enter	63916
into an environmental covenant with the director in accordance	63917
with sections 5301.80 to 5301.92 of the Revised Code.	63918

Upon a breach of the reimbursement provisions of the	63919
agreement by the owner of the land or facility, or upon	63920
notification to the director by the owner that the owner is unable	63921
to perform the duties under the reimbursement provisions of the	63922
agreement, the director may record the unreimbursed portion of the	63923
costs of cleanup at the office of the county recorder of the	63924
county in which the facility is located. The costs so recorded	63925
constitute a lien against the property on which the facility is	63926
located until discharged. Upon written request of the director,	63927
the attorney general shall institute a civil action to recover the	63928
unreimbursed portion of the costs of cleanup. Any moneys so	63929
recovered shall be credited to the hazardous waste facility	63930
management fund, the hazardous waste clean-up fund, or the	63931
environmental protection remediation fund, as applicable.	63932

Sec. 3734.23. (A) The director of environmental protection	63933
may acquire by purchase, gift, donation, contribution, or	63934
appropriation in accordance with sections 163.01 to 163.21 of the	63935
Revised Code any hazardous waste facility or any solid waste	63936
facility containing significant quantities of hazardous waste	63937
that, because of its condition and the types and quantities of	63938
hazardous waste contained in the facility, constitutes an imminent	63939
and substantial threat to public health or safety or results in	63940
air pollution, pollution of the waters of the state, or soil	63941
contamination. For this purpose and for the purposes of division	63942
(B) of this section, the director may expend moneys from the	63943
hazardous waste facility management fund created in section	63944
3734.18 of the Revised Code, the hazardous waste clean-up fund	63945
created in section 3734.28 of the Revised Code, or the	63946
environmental protection remediation fund created in section	63947
3734.281 of the Revised Code and may expend moneys from loans from	63948
the Ohio water development authority to the environmental	63949
protection agency that pledge moneys from ~~either~~the hazardous	63950
waste facility management fund, the hazardous waste clean-up fund,	63951
or the environmental protection remediation fund for the repayment	63952
of and for the interest on such loans. Any lands or facilities	63953
purchased or acquired under this section shall be deeded to the	63954
state, but no deed shall be accepted or the purchase price paid	63955
until the title has been approved by the attorney general.	63956

(B) The director shall, with respect to any land or facility	63957
acquired under this section or cleaned up under section 3734.20 of	63958
the Revised Code, perform closure or other measures necessary to	63959
abate conditions thereon that are causing or contributing to or	63960
threatening to cause or contribute to air or water pollution or	63961
soil contamination or that constitute a substantial threat to	63962
public health or safety, including, but not limited to,	63963
establishment and maintenance of an adequate cover of soil and	63964
vegetation on any facility for the burial of hazardous waste to	63965
prevent the infiltration of water into cells where hazardous waste	63966
is buried, the accumulation or runoff of contaminated surface	63967
water, the production of leachate, and air emissions of hazardous	63968
waste; the collection and treatment of contaminated surface water	63969
runoff; the collection and treatment of leachate; or, if	63970
conditions so require, the removal of hazardous waste from the	63971
facility and the treatment or disposal of the waste at a suitable	63972
hazardous waste facility. After performing these measures, the	63973
director shall provide for the post-closure care, maintenance, and	63974
monitoring of facilities cleaned up under this section.	63975

(C) Before proceeding to clean up any facility under this	63976
section or section 3734.20 or 3734.21 of the Revised Code, the	63977
director shall develop a plan for the cleanup of the facility and	63978
an estimate of the cost thereof. The director may carry out the	63979
plan or any part of the plan by contracting for the services,	63980
construction, and repair necessary therefor. The director shall	63981
award each such contract to the lowest responsible bidder after	63982
sealed bids therefor are received, opened, and published at the	63983
time fixed by the director and notice of the time and place at	63984
which the sealed bids will be received, opened, and published has	63985
been published by the director in a newspaper of general	63986
circulation in the county in which the facility to be cleaned up	63987
under the contract is located at least once within the ten days	63988
before the opening of the bids. However, if after advertising for	63989
bids for the contract, no bids are received by the director at the	63990
time and place fixed for receiving them, the director may	63991
advertise again for bids, or the director may, if the director	63992
considers the public interest will best be served thereby, enter	63993
into a contract for the cleanup of the facility without further	63994
advertisement for bids. The director may reject any or all bids	63995
received and fix and publish again notice of the time and place at	63996
which bids for the contracts will be received, opened, and	63997
published.	63998

(D) The director shall keep an itemized record of the costs	63999
of any acquisition under division (A) of this section and the	64000
costs of cleanup under division (B) of this section.	64001

Sec. 3734.24. After the cleanup of a solid waste facility or	64002
a hazardous waste facility acquired and cleaned up under section	64003
3734.23 of the Revised Code, the director of environmental	64004
protection may, if the facility is suitable for use by any other	64005
state department, agency, office, or institution and if the	64006
proposed use of the facility is compatible with the condition of	64007
the facility as cleaned up, transfer the facility to that state	64008
department, agency, office, or institution. The director shall	64009
continue to provide for the post-closure care, maintenance, and	64010
monitoring of any such cleaned-up facility as required by section	64011
3734.23 of the Revised Code.	64012

If the director determines that any facility so cleaned up is	64013
suitable, because of its condition as cleaned up, for restricted	64014
or unrestricted use, the director may, with the approval of the	64015
attorney general, sell the facility if the sale is advantageous to	64016
the state. Prior to selling the cleaned-up facility, the director	64017
shall, when necessary to protect public health or safety, enter	64018
into an environmental covenant in accordance with sections 5301.80	64019
to 5301.92 of the Revised Code. When selling any such cleaned-up	64020
facility, the director shall retain the right to enter upon the	64021
facility, in person or by an authorized agent, to provide for the	64022
post-closure care, maintenance, and monitoring of the facility.	64023
The director shall provide for the post-closure care, maintenance,	64024
and monitoring of any such facility sold as required by section	64025
3734.23 of the Revised Code.	64026

With the approval of the attorney general, the director may	64027
grant easements or leases on any such cleaned-up facility if the	64028
director determines that the use of the facility under the	64029
easement or lease is compatible with its condition as cleaned up.	64030

Any moneys derived from the sale of such cleaned-up	64031
facilities or from payments from easements or leases shall be	64032
credited to the hazardous waste facility management fund created	64033
in section 3734.18 of the Revised Code, the hazardous waste	64034
clean-up fund created in section 3734.28 of the Revised Code, or	64035
the environmental protection remediation fund created in section	64036
3734.281 of the Revised Code, as applicable.	64037

Sec. 3734.25. (A) The director of environmental protection	64038
may make grants of moneys from the hazardous waste facility	64039
management fund created in section 3734.18 of the Revised Code or	64040
the hazardous waste clean-up fund created in section 3734.28 of	64041
the Revised Code for payment by the state of up to two-thirds of	64042
the reasonable and necessary expenses incurred by a municipal	64043
corporation, county, or township for the proper closure of or	64044
abatement of air or water pollution or soil contamination from a	64045
solid waste facility in which significant quantities of hazardous	64046
waste were disposed of and that the political subdivision owns and	64047
once operated.	64048

(B) A municipal corporation, county, or township shall submit	64049
an application for a grant on forms provided by the director,	64050
together with detail plans and specifications indicating the	64051
measures to be performed, an itemized estimate of the project's	64052
cost, a description of the project's benefits, and such other	64053
information as the director prescribes. The plan for closure or	64054
abatement of air or water pollution or soil contamination may be	64055
prepared in consultation with the director or the board of health	64056
of the city or general health district in which the facility is	64057
located. The director may award the applicant a grant only if the	64058
director finds that the proposed measures will provide for the	64059
proper closure of the facility and will abate or prevent air or	64060
water pollution or soil contamination, including, but not limited	64061
to, those measures necessary or desirable to:	64062

(1) In the case of a facility at which land burial of	64063
hazardous waste occurred, establish and maintain a suitable cover	64064
of soil and vegetation over the cells in which waste is buried in	64065
order to minimize erosion, the infiltration of surface water into	64066
the cells, the production of leachate, and the accumulation or	64067
runoff of contaminated surface waters and to prevent air emissions	64068
of hazardous waste from the facility;	64069

(2) Collect and treat contaminated surface water runoff from	64070
the facility;	64071

(3) Collect and treat leachate produced at the facility;

64072

(4) Install test wells and other equipment or facilities to	64073
monitor the quality of surface waters receiving runoff from the	64074
facility or to monitor air emissions of hazardous waste from the	64075
facility;	64076

(5) Regularly monitor and analyze surface water runoff from	64077
the facility, the quality of waters receiving the runoff, and	64078
ground water quality in the vicinity of the facility, and	64079
regularly monitor leachate collection and treatment systems	64080
installed under the grant and analyze samples from them;	64081

(6) Remove and dispose of hazardous waste from the facility	64082
at a suitable hazardous waste disposal facility where necessary to	64083
protect public health or safety or to prevent or abate air or	64084
water pollution or soil contamination.	64085

(C) The director shall determine the amount of the grant	64086
based upon the director's determination of what constitutes	64087
reasonable and necessary expenses for the proper closure of the	64088
facility or for the prevention or elimination of air or water	64089
pollution or soil contamination from the facility. In making a	64090
grant, the director shall enter into a contract with the municipal	64091
corporation, county, or township that owns the facility to ensure	64092
that the moneys granted are used for the purposes of this section	64093
and that measures performed are properly done. The final payment	64094
under a grant may not be made until the director inspects and	64095
approves the completed cleanup.	64096

The contract shall require the municipal corporation, county,	64097
or township to execute an easement whereby the director, an	64098
authorized employee of the agency, or a contractor employed by the	64099
director may enter upon the facility to sample, repair, or	64100
reconstruct air and water quality monitoring equipment constructed	64101
under the contract. Such easements shall be for a specified period	64102
of years and may be extinguished by agreement between the	64103
political subdivision and the director.	64104

When necessary to protect public health or safety, the	64105
contract may require the municipal corporation, county, or	64106
township to enter into an environmental covenant with the director	64107
in accordance with sections 5301.80 to 5301.92 of the Revised	64108
Code.	64109

Sec. 3734.26. (A) The director of environmental protection	64110
may make grants of moneys from the hazardous waste facility	64111
management fund created in section 3734.18 of the Revised Code or	64112
the hazardous waste clean-up fund created in section 3734.28 of	64113
the Revised Code to the owner, other than a political subdivision,	64114
of a solid waste facility in which significant quantities of	64115
hazardous waste were disposed of or a hazardous waste facility for	64116
up to fifty per cent of the cost of the reasonable and necessary	64117
expenses incurred for the proper closure of or abatement or	64118
prevention of air or water pollution or soil contamination from	64119
the facility and for developing the land on which it was located	64120
for use in industry, commerce, distribution, or research.	64121

The director shall not make grants to the owner of any land	64122
on which such facilities are located if the owner at any time	64123
owned or operated the facility located thereon for profit or in	64124
conjunction with any profit-making enterprise located in this	64125
state or to any person who at any time owned or operated a	64126
facility concerning which the director has taken action under	64127
section 3734.20, 3734.22, or 3734.23 of the Revised Code. However,	64128
the director may make grants under this section to any subsequent	64129
owner of the land, provided that the person has no affiliation	64130
with any person who owned or operated the facility located on the	64131
land for profit or in conjunction with any profit-making	64132
enterprise located in this state or who owned or operated a	64133
facility concerning which the director has taken action under	64134
section 3734.20, 3734.22, or 3734.23 of the Revised Code.	64135

(B) The owner shall submit an application for a grant on	64136
forms furnished by the director, together with detail plans and	64137
specifications for the measures to be performed to close the	64138
facility properly or to abate or prevent air or water pollution or	64139
soil contamination from the facility, an itemized estimate of the	64140
project's cost, a description of the project's estimated benefits,	64141
and such other information as the director prescribes. The plan	64142
may be prepared in consultation with the director or with the	64143
board of health of the city or general health district in which	64144
the facility is located. The director may award the applicant a	64145
grant only after finding that the proposed measures will provide	64146
for the proper closure of the facility or will abate or prevent	64147
air or water pollution or soil contamination from the facility,	64148
including, but not limited to, those measures necessary or	64149
desirable to:	64150

(1) In the case of a facility for the land burial of	64151
hazardous waste, establish and maintain a suitable cover of soil	64152
and vegetation over the cells in which waste is buried in order to	64153
minimize erosion, the infiltration of surface water into the	64154
cells, the production of leachate, and the accumulation or runoff	64155
of contaminated surface water and to prevent air emissions of	64156
hazardous waste from the facility;	64157

(2) Collect and treat contaminated surface water runoff from	64158
the facility;	64159

(3) Collect and treat leachate produced at the facility;

64160

(4) Install test wells and other equipment or facilities to	64161
monitor the quality of surface waters receiving runoff from the	64162
facility or to monitor air emissions of hazardous waste from the	64163
facility;	64164

(5) Regularly monitor and analyze surface water runoff from	64165
the facility, the quality of waters receiving the runoff, and	64166
ground water quality in the vicinity of the facility, and	64167
regularly monitor leachate collection and treatment systems	64168
installed under the grant and analyze samples from them;	64169

(6) Remove and dispose of hazardous waste from the facility	64170
at a suitable hazardous waste disposal facility where necessary to	64171
protect public health or safety or to abate or prevent air or	64172
water pollution or soil contamination.	64173

(C) The director shall determine the amount of the grant	64174
based upon the director's determination of what constitutes	64175
reasonable and necessary expenses for the proper closure of the	64176
facility or for the abatement or prevention of air or water	64177
pollution or soil contamination from the facility. The amount of	64178
the grant shall not exceed one-half of the total, as determined by	64179
the director, of what constitutes reasonable and necessary	64180
expenses actually incurred for the proper closure of or abatement	64181
or prevention of air or water pollution or soil contamination from	64182
the facility.	64183

In making a grant, the director shall enter into a contract	64184
for funding with each applicant awarded a grant to ensure that the	64185
moneys granted are used for the purpose of this section and that	64186
the measures performed are properly performed. The final payment	64187
under a grant may not be made until the director inspects and	64188
approves the completed cleanup and the plans for developing the	64189
land for use in industry, commerce, distribution, or research.	64190

Each contract for funding shall contain provisions for the	64191
reimbursement of the state of a portion of the costs of the	64192
cleanup that is commensurate with the increase in the market value	64193
of the property attributable to the cleanup thereon, as determined	64194
by appraisals made before and after cleanup in the manner stated	64195
in the contract. For reimbursement of that portion, the contract	64196
may include provisions for:	64197

(1) Payment to the state of the share of the income derived	64198
from the productive use of the land;	64199

(2) Imposition of a lien in the amount of the increase in	64200
fair market value payable upon the transfer or conveyance to a new	64201
owner;	64202

(3) Waiver of all reimbursement if the determination	64203
discloses an increase in value that is insubstantial in comparison	64204
to the benefits to the public from the abatement of threats to	64205
public health or safety or from the abatement or prevention of	64206
pollution or contamination, considering the applicant's share of	64207
the cleanup cost.	64208

All reimbursements and payments shall be credited to the	64209
hazardous waste facility management fund or the hazardous waste	64210
clean-up fund ~~created in section 3734.28 of the Revised Code~~, as	64211
applicable.	64212

(D) The contract shall require the owner to execute an	64213
easement whereby the director, an authorized employee of the	64214
agency, or a contractor employed by the agency may enter upon the	64215
facility to sample, repair, or reconstruct air and water quality	64216
monitoring equipment constructed under the contract. Such	64217
easements shall be for a specified period of years and may be	64218
extinguished by agreement between the owner and the director. When	64219
necessary to protect the public health or safety, the contract may	64220
require the owner to enter into an environmental covenant with the	64221
director in accordance with sections 5301.80 to 5301.92 of the	64222
Revised Code.	64223

(E) As used in this section, "commerce" includes, but is not	64224
limited to, agriculture, forestry, and housing.	64225

Sec. 3734.27. Before making grants from the hazardous waste	64226
facility management fund created in section 3734.18 of the Revised	64227
Code or the hazardous waste clean-up fund created in section	64228
3734.28 of the Revised Code, the director of environmental	64229
protection shall consider each project application submitted by a	64230
political subdivision under section 3734.25 of the Revised Code,	64231
each application submitted by the owner of a facility under	64232
section 3734.26 of the Revised Code, and each facility surveyed	64233
under section 3734.19 of the Revised Code and, based upon the	64234
feasibility, cost, and public benefits of restoring the particular	64235
land and the availability of federal or other financial assistance	64236
for restoration, establish priorities for awarding grants from the	64237
fund.	64238

Sec. 3734.28. Except as otherwise provided in ~~section~~	64239
sections 3734.281 and 3734.282 of the Revised Code, moneys	64240
collected under sections 3734.122, 3734.13, 3734.20, 3734.22,	64241
3734.24, and 3734.26 of the Revised Code and under the	64242
"Comprehensive Environmental Response, Compensation, and Liability	64243
Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as amended,	64244
including moneys recovered under division (B)(1) of this section,	64245
shall be paid into the state treasury to the credit of the	64246
hazardous waste clean-up fund, which is hereby created. In	64247
addition, ~~any moneys~~both of the following shall be credited to	64248
the fund:	64249

(A) Moneys recovered for costs paid from the fund for	64250
activities described in divisions (A)(1) and (2) of section	64251
3745.12 of the Revised Code ~~shall be credited to the fund~~;	64252

(B) Natural resource damage assessment costs recovered under	64253
any of the following:	64254

(1) The "Comprehensive Environmental Response, Compensation,	64255
and Liability Act of 1980," 94 Stat. 2767, 42 U.S.C. 9601, et	64256
seq., as amended;	64257

(2) The "Oil Pollution Act of 1990," 104 Stat. 484, 33 U.S.C.	64258
2701, et seq., as amended;	64259

(3) The Federal Water Pollution Control Act as defined in	64260
section 6111.01 of the Revised Code;	64261

(4) Any other applicable federal or state law. ~~The~~

64262

The environmental protection agency shall use the moneys in	64263
the fund for the purposes set forth in division (D) of section	64264
3734.122, sections 3734.19, 3734.20, 3734.21, 3734.23, 3734.25,	64265
3734.26, and 3734.27, divisions (A)(1) and (2) of section 3745.12,	64266
and Chapter 3746. of the Revised Code, including any related	64267
enforcement expenses. In addition, the agency shall use the moneys	64268
in the fund to pay the state's long-term operation and maintenance	64269
costs or matching share for actions taken under the "Comprehensive	64270
Environmental Response, Compensation, and Liability Act of 1980,"	64271
as amended. If those moneys are reimbursed by grants or other	64272
moneys from the United States or any other person, the moneys	64273
shall be placed in the fund and not in the general revenue fund.	64274

The director of environmental protection may enter into	64275
contracts and grant agreements with federal, state, or local	64276
government agencies, nonprofit organizations, and colleges and	64277
universities for the purpose of carrying out the responsibilities	64278
of the environmental protection agency for which money may be	64279
expended from the fund.	64280

Sec. 3734.282. ~~All~~Except for natural resource damage	64281
assessment costs recovered by the state that are required by	64282
section 3734.28 of the Revised Code to be credited to the	64283
hazardous waste clean-up fund created in that section, all money	64284
collected by the state for natural resources damages under the	64285
"Comprehensive Environmental Response, Compensation, and Liability	64286
Act of 1980," 94 Stat. 2767, 42 U.S.C. 9601 et seq., as amended,	64287
the "Oil Pollution Act of 1990," 104 Stat. 484, 33 U.S.C. 2701 et	64288
seq., as amended, the ~~"Clean~~Federal Water Pollution Control Act,"	64289
~~86 Stat. 862, 33 U.S.C. 1321,~~ as ~~amended~~defined in section	64290
6111.01 of the Revised Code, or any other applicable federal or	64291
state law shall be paid into the state treasury to the credit of	64292
the natural resource damages fund, which is hereby created. The	64293
director of environmental protection shall use money in the fund	64294
only in accordance with the purposes of and the limitations on	64295
natural resources damages set forth in the "Comprehensive	64296
Environmental Response, Compensation, and Liability Act of 1980,"	64297
as amended, the "Oil Pollution Act of 1990," as amended, the	64298
~~"Clean~~Federal Water Pollution Control Act~~," as amended~~, or	64299
another applicable federal or state law. All investment earnings	64300
of the fund shall be credited to the fund.	64301

The director of environmental protection may enter into	64302
contracts and grant agreements with federal, state, or local	64303
government agencies, nonprofit organizations, and colleges and	64304
universities for the purpose of carrying out the director's	64305
responsibilities for which money may be expended from the fund.	64306

Sec. 3734.57. (A) The following fees are hereby levied on	64307
the transfer or disposal of solid wastes in this state:	64308

(1) One dollar per ton ~~on and after July 1, 2003,~~ through	64309
June 30, ~~2012~~2014, one-half of the proceeds of which shall be	64310
deposited in the state treasury to the credit of the hazardous	64311
waste facility management fund created in section 3734.18 of the	64312
Revised Code and one-half of the proceeds of which shall be	64313
deposited in the state treasury to the credit of the hazardous	64314
waste clean-up fund created in section 3734.28 of the Revised	64315
Code;	64316

(2) An additional one dollar per ton ~~on and after July 1,~~	64317
~~2003,~~ through June 30, ~~2012~~2014, the proceeds of which shall be	64318
deposited in the state treasury to the credit of the solid waste	64319
fund, which is hereby created. The environmental protection agency	64320
shall use money in the solid waste fund to pay the costs of	64321
administering and enforcing the laws pertaining to solid wastes,	64322
infectious wastes, and construction and demolition debris,	64323
including, without limitation, ground water evaluations related to	64324
solid wastes, infectious wastes, and construction and demolition	64325
debris, under this chapter and Chapter 3714. of the Revised Code	64326
and any rules adopted under them, providing compliance assistance	64327
to small businesses, and paying a share of the administrative	64328
costs of the environmental protection agency pursuant to section	64329
3745.014 of the Revised Code.	64330

(3) An additional ~~one dollar~~two dollars and fifty cents per	64331
ton ~~on and after July 1, 2005,~~ through June 30, ~~2012~~2014, the	64332
proceeds of which shall be deposited in the state treasury to the	64333
credit of the environmental protection fund created in section	64334
3745.015 of the Revised Code;	64335

(4) ~~An additional one dollar per ton on and after August 1,~~	64336
~~2009, through June 30, 2012, the proceeds of which shall be~~	64337
~~deposited in the state treasury to the credit of the environmental~~	64338
~~protection fund.~~	64339

~~(5)~~ An additional twenty-five cents per ton ~~on and after~~	64340
~~August 1, 2009,~~ through June 30, ~~2012~~2013, the proceeds of which	64341
shall be deposited in the state treasury to the credit of the soil	64342
and water conservation district assistance fund created in section	64343
1515.14 of the Revised Code.	64344

In the case of solid wastes that are taken to a solid waste	64345
transfer facility located in this state prior to being transported	64346
for disposal at a solid waste disposal facility located in this	64347
state or outside of this state, the fees levied under this	64348
division shall be collected by the owner or operator of the	64349
transfer facility as a trustee for the state. The amount of fees	64350
required to be collected under this division at such a transfer	64351
facility shall equal the total tonnage of solid wastes received at	64352
the facility multiplied by the fees levied under this division. In	64353
the case of solid wastes that are not taken to a solid waste	64354
transfer facility located in this state prior to being transported	64355
to a solid waste disposal facility, the fees shall be collected by	64356
the owner or operator of the solid waste disposal facility as a	64357
trustee for the state. The amount of fees required to be collected	64358
under this division at such a disposal facility shall equal the	64359
total tonnage of solid wastes received at the facility that was	64360
not previously taken to a solid waste transfer facility located in	64361
this state multiplied by the fees levied under this division. Fees	64362
levied under this division do not apply to materials separated	64363
from a mixed waste stream for recycling by a generator or	64364
materials removed from the solid waste stream through recycling,	64365
as "recycling" is defined in rules adopted under section 3734.02	64366
of the Revised Code.	64367

The owner or operator of a solid waste transfer facility or	64368
disposal facility, as applicable, shall prepare and file with the	64369
director of environmental protection each month a return	64370
indicating the total tonnage of solid wastes received at the	64371
facility during that month and the total amount of the fees	64372
required to be collected under this division during that month. In	64373
addition, the owner or operator of a solid waste disposal facility	64374
shall indicate on the return the total tonnage of solid wastes	64375
received from transfer facilities located in this state during	64376
that month for which the fees were required to be collected by the	64377
transfer facilities. The monthly returns shall be filed on a form	64378
prescribed by the director. Not later than thirty days after the	64379
last day of the month to which a return applies, the owner or	64380
operator shall mail to the director the return for that month	64381
together with the fees required to be collected under this	64382
division during that month as indicated on the return or may	64383
submit the return and fees electronically in a manner approved by	64384
the director. If the return is filed and the amount of the fees	64385
due is paid in a timely manner as required in this division, the	64386
owner or operator may retain a discount of three-fourths of one	64387
per cent of the total amount of the fees that are required to be	64388
paid as indicated on the return.	64389

The owner or operator may request an extension of not more	64390
than thirty days for filing the return and remitting the fees,	64391
provided that the owner or operator has submitted such a request	64392
in writing to the director together with a detailed description of	64393
why the extension is requested, the director has received the	64394
request not later than the day on which the return is required to	64395
be filed, and the director has approved the request. If the fees	64396
are not remitted within thirty days after the last day of the	64397
month to which the return applies or are not remitted by the last	64398
day of an extension approved by the director, the owner or	64399
operator shall not retain the three-fourths of one per cent	64400
discount and shall pay an additional ten per cent of the amount of	64401
the fees for each month that they are late. For purposes of	64402
calculating the late fee, the first month in which fees are late	64403
begins on the first day after the deadline has passed for timely	64404
submitting the return and fees, and one additional month shall be	64405
counted every thirty days thereafter.	64406

The owner or operator of a solid waste facility may request a	64407
refund or credit of fees levied under this division and remitted	64408
to the director that have not been paid to the owner or operator.	64409
Such a request shall be made only if the fees have not been	64410
collected by the owner or operator, have become a debt that has	64411
become worthless or uncollectable for a period of six months or	64412
more, and may be claimed as a deduction, including a deduction	64413
claimed if the owner or operator keeps accounts on an accrual	64414
basis, under the "Internal Revenue Code of 1954," 68A Stat. 50, 26	64415
U.S.C. 166, as amended, and regulations adopted under it. Prior to	64416
making a request for a refund or credit, an owner or operator	64417
shall make reasonable efforts to collect the applicable fees. A	64418
request for a refund or credit shall not include any costs	64419
resulting from those efforts to collect unpaid fees.	64420

A request for a refund or credit of fees shall be made in	64421
writing, on a form prescribed by the director, and shall be	64422
supported by evidence that may be required in rules adopted by the	64423
director under this chapter. After reviewing the request, and if	64424
the request and evidence submitted with the request indicate that	64425
a refund or credit is warranted, the director shall grant a refund	64426
to the owner or operator or shall permit a credit to be taken by	64427
the owner or operator on a subsequent monthly return submitted by	64428
the owner or operator. The amount of a refund or credit shall not	64429
exceed an amount that is equal to ninety days' worth of fees owed	64430
to an owner or operator by a particular debtor of the owner or	64431
operator. A refund or credit shall not be granted by the director	64432
to an owner or operator more than once in any twelve-month period	64433
for fees owed to the owner or operator by a particular debtor.	64434

If, after receiving a refund or credit from the director, an	64435
owner or operator receives payment of all or part of the fees, the	64436
owner or operator shall remit the fees with the next monthly	64437
return submitted to the director together with a written	64438
explanation of the reason for the submittal.	64439

For purposes of computing the fees levied under this division	64440
or division (B) of this section, any solid waste transfer or	64441
disposal facility that does not use scales as a means of	64442
determining gate receipts shall use a conversion factor of three	64443
cubic yards per ton of solid waste or one cubic yard per ton for	64444
baled waste, as applicable.	64445

The fees levied under this division and divisions (B) and (C)	64446
of this section are in addition to all other applicable fees and	64447
taxes and shall be paid by the customer or a political subdivision	64448
to the owner or operator of a solid waste transfer or disposal	64449
facility. In the alternative, the fees shall be paid by a customer	64450
or political subdivision to a transporter of waste who	64451
subsequently transfers the fees to the owner or operator of such a	64452
facility. The fees shall be paid notwithstanding the existence of	64453
any provision in a contract that the customer or a political	64454
subdivision may have with the owner or operator or with a	64455
transporter of waste to the facility that would not require or	64456
allow such payment regardless of whether the contract was entered	64457
prior to or after the effective date of this amendment. For those	64458
purposes, "customer" means a person who contracts with, or	64459
utilizes the solid waste services of, the owner or operator of a	64460
solid waste transfer or disposal facility or a transporter of	64461
solid waste to such a facility.	64462

(B) For the purposes specified in division (G) of this	64463
section, the solid waste management policy committee of a county	64464
or joint solid waste management district may levy fees upon the	64465
following activities:	64466

(1) The disposal at a solid waste disposal facility located	64467
in the district of solid wastes generated within the district;	64468

(2) The disposal at a solid waste disposal facility within	64469
the district of solid wastes generated outside the boundaries of	64470
the district, but inside this state;	64471

(3) The disposal at a solid waste disposal facility within	64472
the district of solid wastes generated outside the boundaries of	64473
this state.	64474

The solid waste management plan of the county or joint	64475
district approved under section 3734.521 or 3734.55 of the Revised	64476
Code and any amendments to it, or the resolution adopted under	64477
this division, as appropriate, shall establish the rates of the	64478
fees levied under divisions (B)(1), (2), and (3) of this section,	64479
if any, and shall specify whether the fees are levied on the basis	64480
of tons or cubic yards as the unit of measurement. A solid waste	64481
management district that levies fees under this division on the	64482
basis of cubic yards shall do so in accordance with division (A)	64483
of this section.	64484

The fee levied under division (B)(1) of this section shall be	64485
not less than one dollar per ton nor more than two dollars per	64486
ton, the fee levied under division (B)(2) of this section shall be	64487
not less than two dollars per ton nor more than four dollars per	64488
ton, and the fee levied under division (B)(3) of this section	64489
shall be not more than the fee levied under division (B)(1) of	64490
this section.	64491

Prior to the approval of the solid waste management plan of a	64492
district under section 3734.55 of the Revised Code, the solid	64493
waste management policy committee of a district may levy fees	64494
under this division by adopting a resolution establishing the	64495
proposed amount of the fees. Upon adopting the resolution, the	64496
committee shall deliver a copy of the resolution to the board of	64497
county commissioners of each county forming the district and to	64498
the legislative authority of each municipal corporation and	64499
township under the jurisdiction of the district and shall prepare	64500
and publish the resolution and a notice of the time and location	64501
where a public hearing on the fees will be held. Upon adopting the	64502
resolution, the committee shall deliver written notice of the	64503
adoption of the resolution; of the amount of the proposed fees;	64504
and of the date, time, and location of the public hearing to the	64505
director and to the fifty industrial, commercial, or institutional	64506
generators of solid wastes within the district that generate the	64507
largest quantities of solid wastes, as determined by the	64508
committee, and to their local trade associations. The committee	64509
shall make good faith efforts to identify those generators within	64510
the district and their local trade associations, but the	64511
nonprovision of notice under this division to a particular	64512
generator or local trade association does not invalidate the	64513
proceedings under this division. The publication shall occur at	64514
least thirty days before the hearing. After the hearing, the	64515
committee may make such revisions to the proposed fees as it	64516
considers appropriate and thereafter, by resolution, shall adopt	64517
the revised fee schedule. Upon adopting the revised fee schedule,	64518
the committee shall deliver a copy of the resolution doing so to	64519
the board of county commissioners of each county forming the	64520
district and to the legislative authority of each municipal	64521
corporation and township under the jurisdiction of the district.	64522
Within sixty days after the delivery of a copy of the resolution	64523
adopting the proposed revised fees by the policy committee, each	64524
such board and legislative authority, by ordinance or resolution,	64525
shall approve or disapprove the revised fees and deliver a copy of	64526
the ordinance or resolution to the committee. If any such board or	64527
legislative authority fails to adopt and deliver to the policy	64528
committee an ordinance or resolution approving or disapproving the	64529
revised fees within sixty days after the policy committee	64530
delivered its resolution adopting the proposed revised fees, it	64531
shall be conclusively presumed that the board or legislative	64532
authority has approved the proposed revised fees. The committee	64533
shall determine if the resolution has been ratified in the same	64534
manner in which it determines if a draft solid waste management	64535
plan has been ratified under division (B) of section 3734.55 of	64536
the Revised Code.	64537

The committee may amend the schedule of fees levied pursuant	64538
to a resolution adopted and ratified under this division by	64539
adopting a resolution establishing the proposed amount of the	64540
amended fees. The committee may repeal the fees levied pursuant to	64541
such a resolution by adopting a resolution proposing to repeal	64542
them. Upon adopting such a resolution, the committee shall proceed	64543
to obtain ratification of the resolution in accordance with this	64544
division.	64545

Not later than fourteen days after declaring the new fees to	64546
be ratified or the fees to be repealed under this division, the	64547
committee shall notify by certified mail the owner or operator of	64548
each solid waste disposal facility that is required to collect the	64549
fees of the ratification and the amount of the fees or of the	64550
repeal of the fees. Collection of any fees shall commence or	64551
collection of repealed fees shall cease on the first day of the	64552
second month following the month in which notification is sent to	64553
the owner or operator.	64554

Fees levied under this division also may be established,	64555
amended, or repealed by a solid waste management policy committee	64556
through the adoption of a new district solid waste management	64557
plan, the adoption of an amended plan, or the amendment of the	64558
plan or amended plan in accordance with sections 3734.55 and	64559
3734.56 of the Revised Code or the adoption or amendment of a	64560
district plan in connection with a change in district composition	64561
under section 3734.521 of the Revised Code.	64562

Not later than fourteen days after the director issues an	64563
order approving a district's solid waste management plan, amended	64564
plan, or amendment to a plan or amended plan that establishes,	64565
amends, or repeals a schedule of fees levied by the district, the	64566
committee shall notify by certified mail the owner or operator of	64567
each solid waste disposal facility that is required to collect the	64568
fees of the approval of the plan or amended plan, or the amendment	64569
to the plan, as appropriate, and the amount of the fees, if any.	64570
In the case of an initial or amended plan approved under section	64571
3734.521 of the Revised Code in connection with a change in	64572
district composition, other than one involving the withdrawal of a	64573
county from a joint district, the committee, within fourteen days	64574
after the change takes effect pursuant to division (G) of that	64575
section, shall notify by certified mail the owner or operator of	64576
each solid waste disposal facility that is required to collect the	64577
fees that the change has taken effect and of the amount of the	64578
fees, if any. Collection of any fees shall commence or collection	64579
of repealed fees shall cease on the first day of the second month	64580
following the month in which notification is sent to the owner or	64581
operator.	64582

If, in the case of a change in district composition involving	64583
the withdrawal of a county from a joint district, the director	64584
completes the actions required under division (G)(1) or (3) of	64585
section 3734.521 of the Revised Code, as appropriate, forty-five	64586
days or more before the beginning of a calendar year, the policy	64587
committee of each of the districts resulting from the change that	64588
obtained the director's approval of an initial or amended plan in	64589
connection with the change, within fourteen days after the	64590
director's completion of the required actions, shall notify by	64591
certified mail the owner or operator of each solid waste disposal	64592
facility that is required to collect the district's fees that the	64593
change is to take effect on the first day of January immediately	64594
following the issuance of the notice and of the amount of the fees	64595
or amended fees levied under divisions (B)(1) to (3) of this	64596
section pursuant to the district's initial or amended plan as so	64597
approved or, if appropriate, the repeal of the district's fees by	64598
that initial or amended plan. Collection of any fees set forth in	64599
such a plan or amended plan shall commence on the first day of	64600
January immediately following the issuance of the notice. If such	64601
an initial or amended plan repeals a schedule of fees, collection	64602
of the fees shall cease on that first day of January.	64603

If, in the case of a change in district composition involving	64604
the withdrawal of a county from a joint district, the director	64605
completes the actions required under division (G)(1) or (3) of	64606
section 3734.521 of the Revised Code, as appropriate, less than	64607
forty-five days before the beginning of a calendar year, the	64608
director, on behalf of each of the districts resulting from the	64609
change that obtained the director's approval of an initial or	64610
amended plan in connection with the change proceedings, shall	64611
notify by certified mail the owner or operator of each solid waste	64612
disposal facility that is required to collect the district's fees	64613
that the change is to take effect on the first day of January	64614
immediately following the mailing of the notice and of the amount	64615
of the fees or amended fees levied under divisions (B)(1) to (3)	64616
of this section pursuant to the district's initial or amended plan	64617
as so approved or, if appropriate, the repeal of the district's	64618
fees by that initial or amended plan. Collection of any fees set	64619
forth in such a plan or amended plan shall commence on the first	64620
day of the second month following the month in which notification	64621
is sent to the owner or operator. If such an initial or amended	64622
plan repeals a schedule of fees, collection of the fees shall	64623
cease on the first day of the second month following the month in	64624
which notification is sent to the owner or operator.	64625

If the schedule of fees that a solid waste management	64626
district is levying under divisions (B)(1) to (3) of this section	64627
is amended or repealed, the fees in effect immediately prior to	64628
the amendment or repeal shall continue to be collected until	64629
collection of the amended fees commences or collection of the	64630
repealed fees ceases, as applicable, as specified in this	64631
division. In the case of a change in district composition, money	64632
so received from the collection of the fees of the former	64633
districts shall be divided among the resulting districts in	64634
accordance with division (B) of section 343.012 of the Revised	64635
Code and the agreements entered into under division (B) of section	64636
343.01 of the Revised Code to establish the former and resulting	64637
districts and any amendments to those agreements.	64638

For the purposes of the provisions of division (B) of this	64639
section establishing the times when newly established or amended	64640
fees levied by a district are required to commence and the	64641
collection of fees that have been amended or repealed is required	64642
to cease, "fees" or "schedule of fees" includes, in addition to	64643
fees levied under divisions (B)(1) to (3) of this section, those	64644
levied under section 3734.573 or 3734.574 of the Revised Code.	64645

(C) For the purposes of defraying the added costs to a	64646
municipal corporation or township of maintaining roads and other	64647
public facilities and of providing emergency and other public	64648
services, and compensating a municipal corporation or township for	64649
reductions in real property tax revenues due to reductions in real	64650
property valuations resulting from the location and operation of a	64651
solid waste disposal facility within the municipal corporation or	64652
township, a municipal corporation or township in which such a	64653
solid waste disposal facility is located may levy a fee of not	64654
more than twenty-five cents per ton on the disposal of solid	64655
wastes at a solid waste disposal facility located within the	64656
boundaries of the municipal corporation or township regardless of	64657
where the wastes were generated.	64658

The legislative authority of a municipal corporation or	64659
township may levy fees under this division by enacting an	64660
ordinance or adopting a resolution establishing the amount of the	64661
fees. Upon so doing the legislative authority shall mail a	64662
certified copy of the ordinance or resolution to the board of	64663
county commissioners or directors of the county or joint solid	64664
waste management district in which the municipal corporation or	64665
township is located or, if a regional solid waste management	64666
authority has been formed under section 343.011 of the Revised	64667
Code, to the board of trustees of that regional authority, the	64668
owner or operator of each solid waste disposal facility in the	64669
municipal corporation or township that is required to collect the	64670
fee by the ordinance or resolution, and the director of	64671
environmental protection. Although the fees levied under this	64672
division are levied on the basis of tons as the unit of	64673
measurement, the legislative authority, in its ordinance or	64674
resolution levying the fees under this division, may direct that	64675
the fees be levied on the basis of cubic yards as the unit of	64676
measurement based upon a conversion factor of three cubic yards	64677
per ton generally or one cubic yard per ton for baled wastes.	64678

Not later than five days after enacting an ordinance or	64679
adopting a resolution under this division, the legislative	64680
authority shall so notify by certified mail the owner or operator	64681
of each solid waste disposal facility that is required to collect	64682
the fee. Collection of any fee levied on or after March 24, 1992,	64683
shall commence on the first day of the second month following the	64684
month in which notification is sent to the owner or operator.	64685

(D)(1) The fees levied under divisions (A), (B), and (C) of	64686
this section do not apply to the disposal of solid wastes that:	64687

(a) Are disposed of at a facility owned by the generator of	64688
the wastes when the solid waste facility exclusively disposes of	64689
solid wastes generated at one or more premises owned by the	64690
generator regardless of whether the facility is located on a	64691
premises where the wastes are generated;	64692

(b) Are ~~disposed of at facilities that exclusively dispose of~~	64693
~~wastes that are~~ generated from the combustion of coal, or from the	64694
combustion of primarily coal in combination with scrap tires, ~~that~~	64695
~~is not combined in any way with garbage at one or more~~regardless	64696
of whether the disposal facility is located on the premises ~~owned~~	64697
~~by the generator~~where the wastes are generated.	64698

(2) Except as provided in section 3734.571 of the Revised	64699
Code, any fees levied under division (B)(1) of this section apply	64700
to solid wastes originating outside the boundaries of a county or	64701
joint district that are covered by an agreement for the joint use	64702
of solid waste facilities entered into under section 343.02 of the	64703
Revised Code by the board of county commissioners or board of	64704
directors of the county or joint district where the wastes are	64705
generated and disposed of.	64706

(3) When solid wastes, other than solid wastes that consist	64707
of scrap tires, are burned in a disposal facility that is an	64708
incinerator or energy recovery facility, the fees levied under	64709
divisions (A), (B), and (C) of this section shall be levied upon	64710
the disposal of the fly ash and bottom ash remaining after burning	64711
of the solid wastes and shall be collected by the owner or	64712
operator of the sanitary landfill where the ash is disposed of.	64713

(4) When solid wastes are delivered to a solid waste transfer	64714
facility, the fees levied under divisions (B) and (C) of this	64715
section shall be levied upon the disposal of solid wastes	64716
transported off the premises of the transfer facility for disposal	64717
and shall be collected by the owner or operator of the solid waste	64718
disposal facility where the wastes are disposed of.	64719

(5) The fees levied under divisions (A), (B), and (C) of this	64720
section do not apply to sewage sludge that is generated by a waste	64721
water treatment facility holding a national pollutant discharge	64722
elimination system permit and that is disposed of through	64723
incineration, land application, or composting or at another	64724
resource recovery or disposal facility that is not a landfill.	64725

(6) The fees levied under divisions (A), (B), and (C) of this	64726
section do not apply to solid wastes delivered to a solid waste	64727
composting facility for processing. When any unprocessed solid	64728
waste or compost product is transported off the premises of a	64729
composting facility and disposed of at a landfill, the fees levied	64730
under divisions (A), (B), and (C) of this section shall be	64731
collected by the owner or operator of the landfill where the	64732
unprocessed waste or compost product is disposed of.	64733

(7) When solid wastes that consist of scrap tires are	64734
processed at a scrap tire recovery facility, the fees levied under	64735
divisions (A), (B), and (C) of this section shall be levied upon	64736
the disposal of the fly ash and bottom ash or other solid wastes	64737
remaining after the processing of the scrap tires and shall be	64738
collected by the owner or operator of the solid waste disposal	64739
facility where the ash or other solid wastes are disposed of.	64740

(8) The director of environmental protection may issue an	64741
order exempting from the fees levied under this section solid	64742
wastes, including, but not limited to, scrap tires, that are	64743
generated, transferred, or disposed of as a result of a contract	64744
providing for the expenditure of public funds entered into by the	64745
administrator or regional administrator of the United States	64746
environmental protection agency, the director of environmental	64747
protection, or the director of administrative services on behalf	64748
of the director of environmental protection for the purpose of	64749
remediating conditions at a hazardous waste facility, solid waste	64750
facility, or other location at which the administrator or regional	64751
administrator or the director of environmental protection has	64752
reason to believe that there is a substantial threat to public	64753
health or safety or the environment or that the conditions are	64754
causing or contributing to air or water pollution or soil	64755
contamination. An order issued by the director of environmental	64756
protection under division (D)(8) of this section shall include a	64757
determination that the amount of the fees not received by a solid	64758
waste management district as a result of the order will not	64759
adversely impact the implementation and financing of the	64760
district's approved solid waste management plan and any approved	64761
amendments to the plan. Such an order is a final action of the	64762
director of environmental protection.	64763

(E) The fees levied under divisions (B) and (C) of this	64764
section shall be collected by the owner or operator of the solid	64765
waste disposal facility where the wastes are disposed of as a	64766
trustee for the county or joint district and municipal corporation	64767
or township where the wastes are disposed of. Moneys from the fees	64768
levied under division (B) of this section shall be forwarded to	64769
the board of county commissioners or board of directors of the	64770
district in accordance with rules adopted under division (H) of	64771
this section. Moneys from the fees levied under division (C) of	64772
this section shall be forwarded to the treasurer or such other	64773
officer of the municipal corporation as, by virtue of the charter,	64774
has the duties of the treasurer or to the fiscal officer of the	64775
township, as appropriate, in accordance with those rules.	64776

(F) Moneys received by the treasurer or other officer of the	64777
municipal corporation under division (E) of this section shall be	64778
paid into the general fund of the municipal corporation. Moneys	64779
received by the fiscal officer of the township under that division	64780
shall be paid into the general fund of the township. The treasurer	64781
or other officer of the municipal corporation or the township	64782
fiscal officer, as appropriate, shall maintain separate records of	64783
the moneys received from the fees levied under division (C) of	64784
this section.	64785

(G) Moneys received by the board of county commissioners or	64786
board of directors under division (E) of this section or section	64787
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code	64788
shall be paid to the county treasurer, or other official acting in	64789
a similar capacity under a county charter, in a county district or	64790
to the county treasurer or other official designated by the board	64791
of directors in a joint district and kept in a separate and	64792
distinct fund to the credit of the district. If a regional solid	64793
waste management authority has been formed under section 343.011	64794
of the Revised Code, moneys received by the board of trustees of	64795
that regional authority under division (E) of this section shall	64796
be kept by the board in a separate and distinct fund to the credit	64797
of the district. Moneys in the special fund of the county or joint	64798
district arising from the fees levied under division (B) of this	64799
section and the fee levied under division (A) of section 3734.573	64800
of the Revised Code shall be expended by the board of county	64801
commissioners or directors of the district in accordance with the	64802
district's solid waste management plan or amended plan approved	64803
under section 3734.521, 3734.55, or 3734.56 of the Revised Code	64804
exclusively for the following purposes:	64805

(1) Preparation of the solid waste management plan of the	64806
district under section 3734.54 of the Revised Code, monitoring	64807
implementation of the plan, and conducting the periodic review and	64808
amendment of the plan required by section 3734.56 of the Revised	64809
Code by the solid waste management policy committee;	64810

(2) Implementation of the approved solid waste management	64811
plan or amended plan of the district, including, without	64812
limitation, the development and implementation of solid waste	64813
recycling or reduction programs;	64814

(3) Providing financial assistance to boards of health within	64815
the district, if solid waste facilities are located within the	64816
district, for enforcement of this chapter and rules, orders, and	64817
terms and conditions of permits, licenses, and variances adopted	64818
or issued under it, other than the hazardous waste provisions of	64819
this chapter and rules adopted and orders and terms and conditions	64820
of permits issued under those provisions;	64821

(4) Providing financial assistance to each county within the	64822
district to defray the added costs of maintaining roads and other	64823
public facilities and of providing emergency and other public	64824
services resulting from the location and operation of a solid	64825
waste facility within the county under the district's approved	64826
solid waste management plan or amended plan;	64827

(5) Pursuant to contracts entered into with boards of health	64828
within the district, if solid waste facilities contained in the	64829
district's approved plan or amended plan are located within the	64830
district, for paying the costs incurred by those boards of health	64831
for collecting and analyzing samples from public or private water	64832
wells on lands adjacent to those facilities;	64833

(6) Developing and implementing a program for the inspection	64834
of solid wastes generated outside the boundaries of this state	64835
that are disposed of at solid waste facilities included in the	64836
district's approved solid waste management plan or amended plan;	64837

(7) Providing financial assistance to boards of health within	64838
the district for the enforcement of section 3734.03 of the Revised	64839
Code or to local law enforcement agencies having jurisdiction	64840
within the district for enforcing anti-littering laws and	64841
ordinances;	64842

(8) Providing financial assistance to boards of health of	64843
health districts within the district that are on the approved list	64844
under section 3734.08 of the Revised Code to defray the costs to	64845
the health districts for the participation of their employees	64846
responsible for enforcement of the solid waste provisions of this	64847
chapter and rules adopted and orders and terms and conditions of	64848
permits, licenses, and variances issued under those provisions in	64849
the training and certification program as required by rules	64850
adopted under division (L) of section 3734.02 of the Revised Code;	64851

(9) Providing financial assistance to individual municipal	64852
corporations and townships within the district to defray their	64853
added costs of maintaining roads and other public facilities and	64854
of providing emergency and other public services resulting from	64855
the location and operation within their boundaries of a	64856
composting, energy or resource recovery, incineration, or	64857
recycling facility that either is owned by the district or is	64858
furnishing solid waste management facility or recycling services	64859
to the district pursuant to a contract or agreement with the board	64860
of county commissioners or directors of the district;	64861

(10) Payment of any expenses that are agreed to, awarded, or	64862
ordered to be paid under section 3734.35 of the Revised Code and	64863
of any administrative costs incurred pursuant to that section. In	64864
the case of a joint solid waste management district, if the board	64865
of county commissioners of one of the counties in the district is	64866
negotiating on behalf of affected communities, as defined in that	64867
section, in that county, the board shall obtain the approval of	64868
the board of directors of the district in order to expend moneys	64869
for administrative costs incurred.	64870

Prior to the approval of the district's solid waste	64871
management plan under section 3734.55 of the Revised Code, moneys	64872
in the special fund of the district arising from the fees shall be	64873
expended for those purposes in the manner prescribed by the solid	64874
waste management policy committee by resolution.	64875

Notwithstanding division (G)(6) of this section as it existed	64876
prior to October 29, 1993, or any provision in a district's solid	64877
waste management plan prepared in accordance with division	64878
(B)(2)(e) of section 3734.53 of the Revised Code as it existed	64879
prior to that date, any moneys arising from the fees levied under	64880
division (B)(3) of this section prior to January 1, 1994, may be	64881
expended for any of the purposes authorized in divisions (G)(1) to	64882
(10) of this section.	64883

(H) The director shall adopt rules in accordance with Chapter	64884
119. of the Revised Code prescribing procedures for collecting and	64885
forwarding the fees levied under divisions (B) and (C) of this	64886
section to the boards of county commissioners or directors of	64887
county or joint solid waste management districts and to the	64888
treasurers or other officers of municipal corporations and the	64889
fiscal officers of townships. The rules also shall prescribe the	64890
dates for forwarding the fees to the boards and officials and may	64891
prescribe any other requirements the director considers necessary	64892
or appropriate to implement and administer divisions (A), (B), and	64893
(C) of this section.	64894

Sec. 3734.85. (A) On and after the effective date of the	64895
rules adopted under sections 3734.70, 3734.71, 3734.72, and	64896
3734.73 of the Revised Code, the director of environmental	64897
protection may take action under this section to abate	64898
accumulations of scrap tires. If the director determines that an	64899
accumulation of scrap tires constitutes a danger to the public	64900
health or safety or to the environment, the director shall issue	64901
an order under section 3734.13 of the Revised Code to the person	64902
responsible for the accumulation of scrap tires directing that	64903
person, within one hundred twenty days after the issuance of the	64904
order, to remove the accumulation of scrap tires from the premises	64905
on which it is located and transport the tires to a scrap tire	64906
storage, monocell, monofill, or recovery facility licensed under	64907
section 3734.81 of the Revised Code, to such a facility in another	64908
state operating in compliance with the laws of the state in which	64909
it is located, or to any other solid waste disposal facility in	64910
another state that is operating in compliance with the laws of	64911
that state. If the person responsible for causing the accumulation	64912
of scrap tires is a person different from the owner of the land on	64913
which the accumulation is located, the director may issue such an	64914
order to the landowner.	64915

If the director is unable to ascertain immediately the	64916
identity of the person responsible for causing the accumulation of	64917
scrap tires, the director shall examine the records of the	64918
applicable board of health and law enforcement agencies to	64919
ascertain that person's identity. Before initiating any	64920
enforcement or removal actions under this division against the	64921
owner of the land on which the accumulation is located, the	64922
director shall initiate any such actions against the person that	64923
the director has identified as responsible for causing the	64924
accumulation of scrap tires. Failure of the director to make	64925
diligent efforts to ascertain the identity of the person	64926
responsible for causing the accumulation of scrap tires or to	64927
initiate an action against the person responsible for causing the	64928
accumulation shall not constitute an affirmative defense by a	64929
landowner to an enforcement action initiated by the director under	64930
this division requiring immediate removal of any accumulation of	64931
scrap tires.	64932

Upon the written request of the recipient of an order issued	64933
under this division, the director may extend the time for	64934
compliance with the order if the request demonstrates that the	64935
recipient has acted in good faith to comply with the order. If the	64936
recipient of an order issued under this division fails to comply	64937
with the order within one hundred twenty days after the issuance	64938
of the order or, if the time for compliance with the order was so	64939
extended, within that time, the director shall take such actions	64940
as the director considers reasonable and necessary to remove and	64941
properly manage the scrap tires located on the land named in the	64942
order. The director, through employees of the environmental	64943
protection agency or a contractor, may enter upon the land on	64944
which the accumulation of scrap tires is located and remove and	64945
transport them to a scrap tire recovery facility for processing,	64946
to a scrap tire storage facility for storage, or to a scrap tire	64947
monocell or monofill facility for storage or disposal.	64948

The director shall enter into contracts ~~with the owners or~~	64949
~~operators of scrap tire storage, monocell, monofill, or recovery~~	64950
~~facilities~~ for the storage, disposal, or processing of scrap tires	64951
removed through removal operations conducted under this section.	64952
~~In doing so, the director shall give preference to scrap tire~~	64953
~~recovery facilities.~~	64954

If a person to whom a removal order is issued under this	64955
division fails to comply with the order and if the director	64956
performs a removal action under this section, the person to whom	64957
the removal order is issued is liable to the director for the	64958
costs incurred by the director for conducting the removal	64959
operation, storage at a scrap tire storage facility, storage or	64960
disposal at a scrap tire monocell or monofill facility, or	64961
processing of the scrap tires so removed, the transportation of	64962
the scrap tires from the site of the accumulation to the scrap	64963
tire storage, monocell, monofill, or recovery facility where the	64964
scrap tires were stored, disposed of, or processed, and the	64965
administrative and legal expenses incurred by the director in	64966
connection with the removal operation. The director shall keep an	64967
itemized record of those costs. Upon completion of the actions for	64968
which the costs were incurred, the director shall record the costs	64969
at the office of the county recorder of the county in which the	64970
accumulation of scrap tires was located. The costs so recorded	64971
constitute a lien on the property on which the accumulation of	64972
scrap tires was located until discharged. Upon the written request	64973
of the director, the attorney general shall bring a civil action	64974
against the person responsible for the accumulation of the scrap	64975
tires that were the subject of the removal operation to recover	64976
the costs for which the person is liable under this division. Any	64977
money so received or recovered shall be credited to the scrap tire	64978
management fund created in section 3734.82 of the Revised Code.	64979

If, in a civil action brought under this division, an owner	64980
of real property is ordered to pay to the director the costs of a	64981
removal action that removed an accumulation of scrap tires from	64982
the person's land or if a lien is placed on the person's land for	64983
the costs of such a removal action, and, in either case, if the	64984
landowner was not the person responsible for causing the	64985
accumulation of scrap tires so removed, the landowner may bring a	64986
civil action against the person who was responsible for causing	64987
the accumulation to recover the amount of the removal costs that	64988
the court ordered the landowner to pay to the director or the	64989
amount of the removal costs certified to the county recorder as a	64990
lien on the landowner's property, whichever is applicable. If the	64991
landowner prevails in the civil action against the person who was	64992
responsible for causing the accumulation of scrap tires, the	64993
court, as it considers appropriate, may award to the landowner the	64994
reasonable attorney's fees incurred by the landowner for bringing	64995
the action, court costs, and other reasonable expenses incurred by	64996
the landowner in connection with the civil action. A landowner	64997
shall bring such a civil action within two years after making the	64998
final payment of the removal costs to the director pursuant to the	64999
judgment rendered against the landowner in the civil action	65000
brought under this division upon the director's request or within	65001
two years after the director certified the costs of the removal	65002
action to the county recorder, as appropriate. A person who, at	65003
the time that a removal action was conducted under this division,	65004
owned the land on which the removal action was performed may bring	65005
an action under this division to recover the costs of the removal	65006
action from the person responsible for causing the accumulation of	65007
scrap tires so removed regardless of whether the person owns the	65008
land at the time of bringing the action.	65009

Subject to the limitations set forth in division (G) of	65010
section 3734.82 of the Revised Code, the director may use moneys	65011
in the scrap tire management fund for conducting removal actions	65012
under this division. Any moneys recovered under this division	65013
shall be credited to the scrap tire management fund.	65014

(B) The director shall initiate enforcement and removal	65015
actions under division (A) of this section in accordance with the	65016
following descending listing of priorities:	65017

(1) Accumulations of scrap tires that the director finds	65018
constitute a fire hazard or threat to public health;	65019

(2) Accumulations of scrap tires determined by the director	65020
to contain more than one million scrap tires;	65021

(3) Accumulations of scrap tires in densely populated areas;

65022

(4) Other accumulations of scrap tires that the director or	65023
board of health of the health district in which the accumulation	65024
is located determines constitute a public nuisance;	65025

(5) Any other accumulations of scrap tires present on	65026
premises operating without a valid license issued under section	65027
3734.05 or 3734.81 of the Revised Code.	65028

(C) The director shall not take enforcement and removal	65029
actions under division (A) of this section against the owner or	65030
operator of, or the owner of the land on which is located, any of	65031
the following:	65032

(1) A premises where not more than one hundred scrap tires	65033
are present at any time;	65034

(2) The premises of a business engaging in the sale of tires	65035
at retail that meets either of the following criteria:	65036

(a) Not more than one thousand scrap tires are present on the	65037
premises at any time in an unsecured, uncovered outdoor location.	65038

(b) Any number of scrap tires are secured in a building or a	65039
covered, enclosed container, trailer, or installation.	65040

(3) The premises of a tire retreading business, a tire	65041
manufacturing finishing center, or a tire adjustment center on	65042
which is located a single, covered scrap tire storage area where	65043
not more than four thousand scrap tires are stored;	65044

(4) The premises of a business that removes tires from motor	65045
vehicles in the ordinary course of business and on which is	65046
located a single scrap tire storage area that occupies not more	65047
than twenty-five hundred square feet;	65048

(5) A solid waste facility licensed under section 3734.05 of	65049
the Revised Code that stores scrap tires on the surface of the	65050
ground if the total land area on which scrap tires are actually	65051
stored does not exceed ten thousand square feet;	65052

(6) A premises where not more than two hundred fifty scrap	65053
tires are stored or kept for agricultural use;	65054

(7) A construction site where scrap tires are stored for use	65055
or used in road resurfacing or the construction of embankments;	65056

(8) A scrap tire collection, storage, monocell, monofill, or	65057
recovery facility licensed under section 3734.81 of the Revised	65058
Code;	65059

(9) A solid waste incineration or energy recovery facility	65060
that is subject to regulation under this chapter and that burns	65061
scrap tires;	65062

(10) A premises where scrap tires are beneficially used and	65063
for which the notice required by rules adopted under section	65064
3734.84 of the Revised Code has been given;	65065

(11) A transporter registered under section 3734.83 of the	65066
Revised Code that collects and holds scrap tires in a covered	65067
trailer or vehicle for not longer than thirty days prior to	65068
transporting them to their final destination.	65069

(D) Nothing in this section restricts any right any person	65070
may have under statute or common law to enforce or seek	65071
enforcement of any law applicable to the management of scrap	65072
tires, abate a nuisance, or seek any other appropriate relief.	65073

(E) An owner of real property upon which there is located an	65074
accumulation of not more than two thousand scrap tires is not	65075
liable under division (A) of this section for the cost of the	65076
removal of the scrap tires, and no lien shall attach to the	65077
property under this section, if all of the following conditions	65078
are met:	65079

(1) The tires were placed on the property after the owner	65080
acquired title to the property, or the tires were placed on the	65081
property before the owner acquired title to the property and the	65082
owner acquired title to the property by bequest or devise.	65083

(2) The owner of the property did not have knowledge that the	65084
tires were being placed on the property, or the owner posted on	65085
the property signs prohibiting dumping or took other action to	65086
prevent the placing of tires on the property.	65087

(3) The owner of the property did not participate in or	65088
consent to the placing of the tires on the property.	65089

(4) The owner of the property received no financial benefit	65090
from the placing of the tires on the property or otherwise having	65091
the tires on the property.	65092

(5) Title to the property was not transferred to the owner	65093
for the purpose of evading liability under division (A) of this	65094
section.	65095

(6) The person responsible for placing the tires on the	65096
property, in doing so, was not acting as an agent for the owner of	65097
the property.	65098

Sec. 3734.901. (A)(1) For the purpose of providing revenue	65099
to defray the cost of administering and enforcing the scrap tire	65100
provisions of this chapter, rules adopted under those provisions,	65101
and terms and conditions of orders, variances, and licenses issued	65102
under those provisions; to abate accumulations of scrap tires; to	65103
make grants supporting market development activities for scrap	65104
tires and synthetic rubber from tire manufacturing processes and	65105
tire recycling processes and to support scrap tire amnesty and	65106
cleanup events; to make loans to promote the recycling or recovery	65107
of energy from scrap tires; and to defray the costs of	65108
administering and enforcing sections 3734.90 to 3734.9014 of the	65109
Revised Code, a fee of fifty cents per tire is hereby levied on	65110
the sale of tires. The proceeds of the fee shall be deposited in	65111
the state treasury to the credit of the scrap tire management fund	65112
created in section 3734.82 of the Revised Code. The fee is levied	65113
from the first day of the calendar month that begins next after	65114
thirty days from October 29, 1993, through June 30, ~~2011~~2013.	65115

(2) Beginning on ~~September 5, 2001~~July 1, 2011, and ending	65116
on June 30, ~~2011~~2013, there is hereby levied an additional fee	65117
of fifty cents per tire on the sale of tires the proceeds of which	65118
shall be deposited in the state treasury to the credit of the	65119
~~scrap tire management fund and be used exclusively for the~~	65120
~~purposes specified in division (G)(3) of that section until July~~	65121
~~1, 2010, whereupon the proceeds shall be deposited in the state~~	65122
~~treasury to the credit of the~~ soil and water conservation district	65123
assistance fund created in section 1515.14 of the Revised Code.	65124

(B) Only one sale of the same article shall be used in	65125
computing the amount of the fee due.	65126

Sec. 3735.36. When a metropolitan housing authority has	65127
acquired the property necessary for any project, it shall proceed	65128
to make plans and specifications for carrying out such project,	65129
and shall advertise for bids for all work ~~which~~that it desires to	65130
have done by contract, such advertisements to be published as	65131
provided in section 7.16 of the Revised Code or once a week for	65132
two consecutive weeks in a newspaper of general circulation in the	65133
political subdivision in which the project is to be developed. The	65134
contract shall be awarded to the lowest and best bidder.	65135

Sec. 3735.66. The legislative authorities of municipal	65136
corporations and counties may survey the housing within their	65137
jurisdictions and, after the survey, may adopt resolutions	65138
describing the boundaries of community reinvestment areas which	65139
contain the conditions required for the finding under division (B)	65140
of section 3735.65 of the Revised Code. The findings resulting	65141
from the survey shall be incorporated in the resolution describing	65142
the boundaries of an area. The legislative authority may stipulate	65143
in the resolution that only new structures or remodeling	65144
classified as to use as commercial, industrial, or residential, or	65145
some combination thereof, and otherwise satisfying the	65146
requirements of section 3735.67 of the Revised Code are eligible	65147
for exemption from taxation under that section. If the resolution	65148
does not include such a stipulation, all new structures and	65149
remodeling satisfying the requirements of section 3735.67 of the	65150
Revised Code are eligible for exemption from taxation regardless	65151
of classification. Whether or not the resolution includes such a	65152
stipulation, the classification of the structures or remodeling	65153
eligible for exemption in the area shall at all times be	65154
consistent with zoning restrictions applicable to the area. For	65155
the purposes of sections 3735.65 to 3735.70 of the Revised Code,	65156
whether a structure or remodeling composed of multiple units is	65157
classified as commercial or residential shall be determined by	65158
resolution or ordinance of the legislative authority or, in the	65159
absence of such a determination, by the classification of the use	65160
of the structure or remodeling under the applicable zoning	65161
regulations.	65162

If construction or remodeling classified as residential is	65163
eligible for exemption from taxation, the resolution shall specify	65164
a percentage, not to exceed one hundred per cent, of the assessed	65165
valuation of such property to be exempted. The percentage	65166
specified shall apply to all residential construction or	65167
remodeling for which exemption is granted.	65168

The resolution adopted pursuant to this section shall be	65169
published in a newspaper of general circulation in the municipal	65170
corporation, if the resolution is adopted by the legislative	65171
authority of a municipal corporation, or in a newspaper of general	65172
circulation in the county, if the resolution is adopted by the	65173
legislative authority of the county, once a week for two	65174
consecutive weeks or as provided in section 7.16 of the Revised	65175
Code, immediately following its adoption.	65176

Each legislative authority adopting a resolution pursuant to	65177
this section shall designate a housing officer. In addition, each	65178
such legislative authority, not later than fifteen days after the	65179
adoption of the resolution, shall petition the director of	65180
development for the director to confirm the findings described in	65181
the resolution. The petition shall be accompanied by a copy of the	65182
resolution and by a map of the community reinvestment area in	65183
sufficient detail to denote the specific boundaries of the area	65184
and to indicate zoning restrictions applicable to the area. The	65185
director shall determine whether the findings contained in the	65186
resolution are valid, and whether the classification of structures	65187
or remodeling eligible for exemption under the resolution is	65188
consistent with zoning restrictions applicable to the area as	65189
indicated on the map. Within thirty days of receiving the	65190
petition, the director shall forward the director's determination	65191
to the legislative authority. The legislative authority or housing	65192
officer shall not grant any exemption from taxation under section	65193
3735.67 of the Revised Code until the director forwards the	65194
director's determination to the legislative authority. The	65195
director shall assign to each community reinvestment area a unique	65196
designation by which the area shall be identified for purposes of	65197
sections 3735.65 to 3735.70 of the Revised Code.	65198

If zoning restrictions in any part of a community	65199
reinvestment area are changed at any time after the legislative	65200
authority petitions the director under this section, the	65201
legislative authority shall notify the director and shall submit a	65202
map of the area indicating the new zoning restrictions in the	65203
area.	65204

Sec. 3737.83. The fire marshal shall, as part of the state	65205
fire code, adopt rules to:	65206

(A) Establish minimum standards of performance for fire	65207
protection equipment and fire fighting equipment;	65208

(B) Establish minimum standards of training, fix minimum	65209
qualifications, and require certificates for all persons who	65210
engage in the business for profit of installing, testing,	65211
repairing, or maintaining fire protection equipment;	65212

(C) Provide for the issuance of certificates required under	65213
division (B) of this section and establish the fees to be charged	65214
for such certificates. A certificate shall be granted, renewed, or	65215
revoked according to rules the fire marshal shall adopt.	65216

(D) Establish minimum standards of flammability for consumer	65217
goods in any case where the federal government or any department	65218
or agency thereof has established, or may from time to time	65219
establish standards of flammability for consumer goods. The	65220
standards established by the fire marshal shall be identical to	65221
the minimum federal standards.	65222

In any case where the federal government or any department or	65223
agency thereof, establishes standards of flammability for consumer	65224
goods subsequent to the adoption of a flammability standard by the	65225
fire marshal, standards previously adopted by the fire marshal	65226
shall not continue in effect to the extent such standards are not	65227
identical to the minimum federal standards.	65228

With respect to the adoption of minimum standards of	65229
flammability, this division shall supersede any authority granted	65230
a political subdivision by any other section of the Revised Code.	65231

(E) Establish minimum standards pursuant to section 5104.05	65232
of the Revised Code for fire prevention and fire safety in child	65233
day-care centers and in type A family day-care homes, as defined	65234
in section 5104.01 of the Revised Code.	65235

(F) Establish minimum standards for fire prevention and	65236
safety an adult group home seeking licensure as an adult care	65237
facility must meet under section ~~3722.02~~5119.71 of the Revised	65238
Code. The fire marshal shall adopt the rules under this division	65239
in consultation with the directors of mental health and aging and	65240
interested parties designated by the directors of mental health	65241
and aging.	65242

Sec. 3737.841. As used in this section and section 3737.842	65243
of the Revised Code:	65244

(A) "Public occupancy" means all of the following:

65245

(1) Any state correctional institution as defined in section	65246
2967.01 of the Revised Code and any county, multicounty,	65247
municipal, or municipal-county jail or workhouse;	65248

(2) Any hospital as defined in section 3727.01 of the Revised	65249
Code, any hospital licensed by the department of mental health	65250
under section 5119.20 of the Revised Code, and any institution,	65251
hospital, or other place established, controlled, or supervised by	65252
the department of mental health under Chapter 5119. of the Revised	65253
Code;	65254

(3) Any nursing home, residential care facility, or home for	65255
the aging as defined in section 3721.01 of the Revised Code and	65256
any adult care facility as defined in section ~~3722.01~~5119.70 of	65257
the Revised Code;	65258

(4) Any child day-care center and any type A family day-care	65259
home as defined in section 5104.01 of the Revised Code;	65260

(5) Any public auditorium or stadium;

65261

(6) Public assembly areas of hotels and motels containing	65262
more than ten articles of seating furniture.	65263

(B) "Sell" includes sell, offer or expose for sale, barter,	65264
trade, deliver, give away, rent, consign, lease, possess for sale,	65265
or dispose of in any other commercial manner.	65266

(C) Except as provided in division (D) of this section,	65267
"seating furniture" means any article of furniture, including	65268
children's furniture, that can be used as a support for an	65269
individual, or ~~his~~an individual's limbs or feet, when sitting or	65270
resting in an upright or reclining position and that either:	65271

(1) Is made with loose or attached cushions or pillows;

65272

(2) Is stuffed or filled in whole or in part with any filling	65273
material;	65274

(3) Is or can be stuffed or filled in whole or in part with	65275
any substance or material, concealed by fabric or any other	65276
covering.	65277

"Seating furniture" includes the cushions or pillows	65278
belonging to or forming a part of the furniture, the structural	65279
unit, and the filling material and its container or covering.	65280

(D) "Seating furniture" does not include, except if intended	65281
for use by children or in facilities designed for the care or	65282
treatment of humans, any of the following:	65283

(1) Cushions or pads intended solely for outdoor use;

65284

(2) Any article with a smooth surface that contains no more	65285
than one-half inch of filling material, if that article does not	65286
have an upholstered horizontal surface meeting an upholstered	65287
vertical surface;	65288

(3) Any article manufactured solely for recreational use or	65289
physical fitness purposes, including weight-lifting benches,	65290
gymnasium mats or pads, and sidehorses.	65291

(E) "Filling material" means cotton, wool, kapok, feathers,	65292
down, hair, liquid, or any other natural or ~~manmade~~artificial	65293
material or substance that is used or can be used as stuffing in	65294
seating furniture.	65295

Sec. 3737.87. As used in sections 3737.87 to 3737.98 of the	65296
Revised Code:	65297

(A) "Accidental release" means any sudden or nonsudden	65298
release of petroleum that was neither expected nor intended by the	65299
owner or operator of the applicable underground storage tank	65300
system and that results in the need for corrective action or	65301
compensation for bodily injury or property damage.	65302

(B) "Corrective action" means any action necessary to protect	65303
human health and the environment in the event of a release of	65304
petroleum into the environment, including, without limitation, any	65305
action necessary to monitor, assess, and evaluate the release. In	65306
the instance of a suspected release, ~~the term~~"corrective action"	65307
includes, without limitation, an investigation to confirm or	65308
disprove the occurrence of the release. In the instance of a	65309
confirmed release, ~~the term~~"corrective action" includes, without	65310
limitation, the initial corrective action taken under section	65311
3737.88 or 3737.882 of the Revised Code and rules adopted or	65312
orders issued under those sections and any action taken consistent	65313
with a remedial action to clean up contaminated ground water,	65314
surface water, soils, and subsurface material and to address the	65315
residual effects of a release after the initial corrective action	65316
is taken.	65317

(C) "Eligible lending institution" means a financial	65318
institution that is eligible to make commercial loans, is a public	65319
depository of state funds under section 135.03 of the Revised	65320
Code, and agrees to participate in the petroleum underground	65321
storage tank linked deposit program provided for in sections	65322
3737.95 to 3737.98 of the Revised Code.	65323

(D) "Eligible owner" means any person that owns six or fewer	65324
petroleum underground storage tanks comprising a petroleum	65325
underground storage tank or underground storage tank system.	65326

(E) "Installer" means a person who supervises the	65327
installation of, performance of major repairs on site to,	65328
abandonment of, or removal of underground storage tank systems.	65329

(F) "Major repair" means the restoration of a tank or an	65330
underground storage tank system component that has caused a	65331
release of a product from the underground storage tank system, the	65332
upgrading of a tank or an underground storage tank system	65333
component, or the modification of a tank or an underground storage	65334
tank system component. "Major repair" does not include routine	65335
maintenance for normal operational upkeep to prevent an	65336
underground storage tank system from releasing a product.	65337

(G) "Operator" means the person in daily control of, or	65338
having responsibility for the daily operation of, an underground	65339
storage tank system.	65340

(H) "Owner" means:

65341

(1) In the instance of an underground storage tank system in	65342
use on November 8, 1984, or brought into use after that date, the	65343
person who owns the underground storage tank system;	65344

(2) In the instance of an underground storage tank system in	65345
use before November 8, 1984, that was no longer in use on that	65346
date, the person who owned the underground storage tank system	65347
immediately before the discontinuation of its use.	65348

~~The term~~"Owner" includes any person who holds, or, in the	65349
instance of an underground storage tank system in use before	65350
November 8, 1984, but no longer in use on that date, any person	65351
who held immediately before the discontinuation of its use, a	65352
legal, equitable, or possessory interest of any kind in an	65353
underground storage tank system or in the property on which the	65354
underground storage tank system is located, including, without	65355
limitation, a trust, vendor, vendee, lessor, or lessee. ~~The term~~	65356
"Owner" does not include any person who, without participating in	65357
the management of an underground storage tank system and without	65358
otherwise being engaged in petroleum production, refining, or	65359
marketing, holds indicia of ownership in an underground storage	65360
tank system primarily to protect the person's security interest in	65361
it.	65362

(I) "Person," in addition to the meaning in section 3737.01	65363
of the Revised Code, means the United States and any department,	65364
agency, or instrumentality thereof.	65365

(J) "Petroleum" means petroleum, including crude oil or any	65366
fraction thereof, that is a liquid at the temperature of sixty	65367
degrees Fahrenheit and the pressure of fourteen and seven-tenths	65368
pounds per square inch absolute. ~~The term~~"Petroleum" includes,	65369
without limitation, motor fuels, jet fuels, distillate fuel oils,	65370
residual fuel oils, lubricants, petroleum solvents, and used oils.	65371

(K) "Petroleum underground storage tank linked deposit" means	65372
a certificate of deposit placed by the treasurer of state with an	65373
eligible lending institution pursuant to sections 3737.95 to	65374
3737.98 of the Revised Code.	65375

(L) "Regulated substance" means petroleum or any substance	65376
identified or listed as a hazardous substance in rules adopted	65377
under division (D) of section 3737.88 of the Revised Code.	65378

(M) "Release" means any spilling, leaking, emitting,	65379
discharging, escaping, leaching, or disposing of from an	65380
underground storage tank system into ground or surface water or	65381
subsurface soils or otherwise into the environment.	65382

(N) Notwithstanding division (F) of section 3737.01 of the	65383
Revised Code, "responsible person" means the person who is the	65384
owner or operator of an underground storage tank system.	65385

(O) "Tank" means a stationary device designed to contain an	65386
accumulation of regulated substances that is constructed of	65387
~~manmade~~manufactured materials.	65388

(P) "Underground storage tank" means one or any combination	65389
of tanks, including the underground pipes connected thereto, that	65390
are used to contain an accumulation of regulated substances the	65391
volume of which, including the volume of the underground pipes	65392
connected thereto, is ten per cent or more beneath the surface of	65393
the ground.	65394

~~The term~~"Underground storage tank" does not include any of	65395
the following or any pipes connected to any of the following:	65396

(1) Pipeline facilities, including gathering lines, regulated	65397
under the "Natural Gas Pipeline Safety Act of 1968," 82 Stat. 720,	65398
49 U.S.C.A. 1671, as amended, or the "Hazardous Liquid Pipeline	65399
Safety Act of 1979," 93 Stat. 1003, 49 U.S.C.A. 2001, as amended;	65400

(2) Farm or residential tanks of one thousand one hundred	65401
gallons or less capacity used for storing motor fuel for	65402
noncommercial purposes;	65403

(3) Tanks used for storing heating fuel for consumptive use	65404
on the premises where stored;	65405

(4) Surface impoundments, pits, ponds, or lagoons;

65406

(5) Storm or waste water collection systems;

65407

(6) Flow-through process tanks;

65408

(7) Storage tanks located in underground areas, including,	65409
without limitation, basements, cellars, mine workings, drifts,	65410
shafts, or tunnels, when the tanks are located on or above the	65411
surface of the floor;	65412

(8) Septic tanks;

65413

(9) Liquid traps or associated gathering lines directly	65414
related to oil or gas production and gathering operations.	65415

(Q) "Underground storage tank system" means an underground	65416
storage tank and the connected underground piping, underground	65417
ancillary equipment, and containment system, if any.	65418

(R) "Revenues" means all fees, premiums, and charges paid by	65419
owners and operators of petroleum underground storage tanks to the	65420
petroleum underground storage tank release compensation board	65421
created in section 3737.90 of the Revised Code; proceeds received	65422
by the board from any insurance, condemnation, or guaranty; the	65423
proceeds of petroleum underground storage tank revenue bonds; and	65424
the income and profits from the investment of any such revenues.	65425

(S) "Revenue bonds," unless the context indicates a different	65426
meaning or intent, means petroleum underground storage tank	65427
revenue bonds and petroleum underground storage tank revenue	65428
refunding bonds that are issued by the petroleum underground	65429
storage tank release compensation board pursuant to sections	65430
3737.90 to 3737.948 of the Revised Code.	65431

(T) "Class C release" means a release of petroleum occurring	65432
or identified from an underground storage tank system subject to	65433
sections 3737.87 to 3737.89 of the Revised Code for which the	65434
responsible person for the release is specifically determined by	65435
the fire marshal not to be a viable person capable of undertaking	65436
or completing the corrective actions required under those sections	65437
for the release. "Class C release" also includes any release	65438
designated as a "class C release" in accordance with rules adopted	65439
under section 3737.88 of the Revised Code.	65440

Sec. 3737.88. (A)(1) The fire marshal shall have	65441
responsibility for implementation of the underground storage tank	65442
program and corrective action program for releases of petroleum	65443
from underground ~~petroleum~~ storage tanks established by the	65444
"Resource Conservation and Recovery Act of 1976," 90 Stat. 2795,	65445
42 U.S.C.A. 6901, as amended. To implement the ~~program~~programs,	65446
the fire marshal may adopt, amend, and rescind such rules, conduct	65447
such inspections, require annual registration of underground	65448
storage tanks, issue such citations and orders to enforce those	65449
rules, enter into environmental covenants in accordance with	65450
sections 5301.80 to 5301.92 of the Revised Code, and perform such	65451
other duties, as are consistent with those programs. The fire	65452
marshal, by rule, may delegate the authority to conduct	65453
inspections of underground storage tanks to certified fire safety	65454
inspectors.	65455

(2) In the place of any rules regarding release containment	65456
and release detection for underground storage tanks adopted under	65457
division (A)(1) of this section, the fire marshal, by rule, shall	65458
designate areas as being sensitive for the protection of human	65459
health and the environment and adopt alternative rules regarding	65460
release containment and release detection methods for new and	65461
upgraded underground storage tank systems located in those areas.	65462
In designating such areas, the fire marshal shall take into	65463
consideration such factors as soil conditions, hydrogeology, water	65464
use, and the location of public and private water supplies. Not	65465
later than July 11, 1990, the fire marshal shall file the rules	65466
required under this division with the secretary of state, director	65467
of the legislative service commission, and joint committee on	65468
agency rule review in accordance with divisions (B) and (H) of	65469
section 119.03 of the Revised Code.	65470

(3) Notwithstanding sections 3737.87 to 3737.89 of the	65471
Revised Code, a person who is not a responsible person may conduct	65472
a voluntary action in accordance with Chapter 3746. of the Revised	65473
Code and rules adopted under it for a class C release. The	65474
director of environmental protection, pursuant to section 3746.12	65475
of the Revised Code, may issue a covenant not to sue to any person	65476
who properly completes a voluntary action with respect to a class	65477
C release in accordance with Chapter 3746. of the Revised Code and	65478
rules adopted under it.	65479

(B) Before adopting any rule under this section or section	65480
3737.881 or 3737.882 of the Revised Code, the fire marshal shall	65481
file written notice of the proposed rule with the chairperson of	65482
the state fire commission, and, within sixty days after notice is	65483
filed, the commission may file responses to or comments on and may	65484
recommend alternative or supplementary rules to the fire marshal.	65485
At the end of the sixty-day period or upon the filing of	65486
responses, comments, or recommendations by the commission, the	65487
fire marshal may adopt the rule filed with the commission or any	65488
alternative or supplementary rule recommended by the commission.	65489

(C) The fire commission may recommend courses of action to be	65490
taken by the fire marshal in carrying out the fire marshal's	65491
duties under this section. The commission shall file its	65492
recommendations in the office of the fire marshal, and, within	65493
sixty days after the recommendations are filed, the fire marshal	65494
shall file with the chairperson of the commission comments on, and	65495
proposed action in response to, the recommendations.	65496

(D) For the purpose of sections 3737.87 to 3737.89 of the	65497
Revised Code, the fire marshal shall adopt, and may amend and	65498
rescind, rules identifying or listing hazardous substances. The	65499
rules shall be consistent with and equivalent in scope, coverage,	65500
and content to regulations identifying or listing hazardous	65501
substances adopted under the "Comprehensive Environmental	65502
Response, Compensation, and Liability Act of 1980," 94 Stat. 2779,	65503
42 U.S.C.A. 9602, as amended, except that the fire marshal shall	65504
not identify or list as a hazardous substance any hazardous waste	65505
identified or listed in rules adopted under division (A) of	65506
section 3734.12 of the Revised Code.	65507

(E) ~~Notwithstanding any provision of the laws of this state~~	65508
~~to the contrary~~Except as provided in division (A)(3) of this	65509
section, the fire marshal ~~has~~shall have exclusive jurisdiction to	65510
regulate the storage, treatment, and disposal of petroleum	65511
contaminated soil generated from corrective actions undertaken in	65512
response to releases of petroleum from underground storage tank	65513
systems. The fire marshal may adopt, amend, or rescind such rules	65514
as the fire marshal considers to be necessary or appropriate to	65515
regulate the storage, treatment, or disposal of petroleum	65516
contaminated soil so generated.	65517

(F) The fire marshal shall adopt, amend, and rescind rules	65518
under sections 3737.88 to 3737.882 of the Revised Code in	65519
accordance with Chapter 119. of the Revised Code.	65520

Sec. 3745.015. There is hereby created in the state treasury	65521
the environmental protection fund consisting of money credited to	65522
the fund under ~~divisions~~division (A)(3) ~~and (4)~~ of section	65523
3734.57 of the Revised Code. The environmental protection agency	65524
shall use money in the fund to pay the agency's costs associated	65525
with administering and enforcing, or otherwise conducting	65526
activities under, this chapter and Chapters 3704., 3734., 3746.,	65527
3747., 3748., 3750., 3751., 3752., 3753., 5709., 6101., 6103.,	65528
6105., 6109., 6111., 6112., 6113., 6115., 6117., and 6119. and	65529
sections 122.65 and 1521.19 of the Revised Code.	65530

Sec. 3745.016. There is hereby created in the state treasury	65531
the federally supported cleanup and response fund consisting of	65532
money credited to the fund from federal grants, gifts, and	65533
contributions to support the investigation and remediation of	65534
contaminated property. The environmental protection agency shall	65535
use money in the fund to support the investigation and remediation	65536
of contaminated property.	65537

Sec. 3745.05. (A) In hearing the appeal, if an adjudication	65538
hearing was conducted by the director of environmental protection	65539
in accordance with sections 119.09 and 119.10 of the Revised Code	65540
or conducted by a board of health, the environmental review	65541
appeals commission is confined to the record as certified to it by	65542
the director or the board of health, as applicable. The commission	65543
may grant a request for the admission of additional evidence when	65544
satisfied that such additional evidence is newly discovered and	65545
could not with reasonable diligence have been ascertained prior to	65546
the hearing before the director or the board, as applicable. If no	65547
adjudication hearing was conducted in accordance with sections	65548
119.09 and 119.10 of the Revised Code or conducted by a board of	65549
health, the commission shall conduct a hearing de novo on the	65550
appeal.	65551

For the purpose of conducting a de novo hearing, or where the	65552
commission has granted a request for the admission of additional	65553
evidence, the commission may require the attendance of witnesses	65554
and the production of written or printed materials.	65555

When conducting a de novo hearing, or when a request for the	65556
admission of additional evidence has been granted, the commission	65557
may, and at the request of any party it shall, issue subpoenas for	65558
witnesses or for books, papers, correspondence, memoranda,	65559
agreements, or other documents or records relevant or material to	65560
the inquiry directed to the sheriff of the counties where the	65561
witnesses or documents or records are found, which subpoenas shall	65562
be served and returned in the same manner as those allowed by the	65563
court of common pleas in criminal cases.	65564

(B) The fees of sheriffs shall be the same as those allowed	65565
by the court of common pleas in criminal cases. Witnesses shall be	65566
paid the fees and mileage provided for under section 119.094 of	65567
the Revised Code. The fee and mileage expenses incurred at the	65568
request of the appellant shall be paid in advance by the	65569
appellant, and the remainder of the expenses shall be paid out of	65570
funds appropriated for the expenses of the commission.	65571

(C) In case of disobedience or neglect of any subpoena served	65572
on any person, or the refusal of any witness to testify to any	65573
matter regarding which the witness may be lawfully interrogated,	65574
the court of common pleas of the county in which the disobedience,	65575
neglect, or refusal occurs, or any judge thereof, on application	65576
of the commission or any member thereof, may compel obedience by	65577
attachment proceedings for contempt as in the case of disobedience	65578
of the requirements of a subpoena issued from the court or a	65579
refusal to testify therein.	65580

(D) A witness at any hearing shall testify under oath or	65581
affirmation, which any member of the commission may administer. A	65582
witness, if the witness requests, shall be permitted to be	65583
accompanied, represented, and advised by an attorney, whose	65584
participation in the hearing shall be limited to the protection of	65585
the rights of the witness, and who may not examine or	65586
cross-examine witnesses. A witness shall be advised of the right	65587
to counsel before the witness is interrogated.	65588

(E) A stenographic or electronic record of the testimony and	65589
other evidence submitted shall be taken by an official court	65590
~~shorthand~~ reporter. The record shall include all of the testimony	65591
and other evidence and the rulings on the admissibility thereof	65592
presented at the hearing. The commission shall pass upon the	65593
admissibility of evidence, but any party may at the time object to	65594
the admission of any evidence and except to the rulings of the	65595
commission thereon, and if the commission refuses to admit	65596
evidence the party offering same may make a proffer thereof, and	65597
such proffer shall be made a part of the record of such hearing.	65598

Any party may request the stenographic or electronic record	65599
of the hearing. Promptly after receiving such a request, the	65600
commission shall prepare and provide the stenographic or	65601
electronic record of the hearing to the party who requested it.	65602
The commission may charge a fee to the party who requested the	65603
stenographic or electronic record that does not exceed the cost to	65604
the commission for preparing and transcribing or transmitting it.	65605

(F) If, upon completion of the hearing, the commission finds	65606
that the action appealed from was lawful and reasonable, it shall	65607
make a written order affirming the action, or if the commission	65608
finds that the action was unreasonable or unlawful, it shall make	65609
a written order vacating or modifying the action appealed from.	65610

The commission shall issue a written order affirming,	65611
vacating, or modifying an action pursuant to the following	65612
schedule:	65613

(1) For an appeal that was filed with the commission before	65614
April 15, 2008, the commission shall issue a written order not	65615
later than December 15, 2009.	65616

(2) For all other appeals that have been filed with the	65617
commission as of October 15, 2009, the commission shall issue a	65618
written order not later than July 15, 2010.	65619

(3) For an appeal that is filed with the commission after	65620
October 15, 2009, the commission shall issue a written order not	65621
later than twelve months after the filing of the appeal with the	65622
commission.	65623

(G) Every order made by the commission shall contain a	65624
written finding by the commission of the facts upon which the	65625
order is based. Notice of the making of the order shall be given	65626
forthwith to each party to the appeal by mailing a certified copy	65627
thereof to each party by certified mail, with a statement of the	65628
time and method by which an appeal may be perfected.	65629

(H) The order of the commission is final unless vacated or	65630
modified upon judicial review.	65631

Sec. 3745.11. (A) Applicants for and holders of permits,	65632
licenses, variances, plan approvals, and certifications issued by	65633
the director of environmental protection pursuant to Chapters	65634
3704., 3734., 6109., and 6111. of the Revised Code shall pay a fee	65635
to the environmental protection agency for each such issuance and	65636
each application for an issuance as provided by this section. No	65637
fee shall be charged for any issuance for which no application has	65638
been submitted to the director.	65639

(B) Each person who is issued a permit to install prior to	65640
July 1, 2003, pursuant to rules adopted under division (F) of	65641
section 3704.03 of the Revised Code shall pay the fees specified	65642
in the following schedules:	65643

(1) Fuel-burning equipment (boilers)

65644

Input capacity (maximum)					65645
(million British thermal units per hour)		Permit to install			65646

Greater than 0, but less than 10	$ 200	65647
10 or more, but less than 100	400	65648
100 or more, but less than 300	800	65649
300 or more, but less than 500	1500	65650
500 or more, but less than 1000	2500	65651
1000 or more, but less than 5000	4000	65652
5000 or more	6000	65653

Units burning exclusively natural gas, number two fuel oil,	65654
or both shall be assessed a fee that is one-half of the applicable	65655
amount established in division (F)(1) of this section.	65656

(2) Incinerators

65657

Input capacity (pounds per hour)

Permit to install

65658

0 to 100	$ 100	65659
101 to 500	400	65660
501 to 2000	750	65661
2001 to 20,000	1000	65662
more than 20,000	2500	65663

(3)(a) Process

65664

Process weight rate (pounds per hour)

Permit to install

65665

0 to 1000	$ 200	65666
1001 to 5000	400	65667
5001 to 10,000	600	65668
10,001 to 50,000	800	65669
more than 50,000	1000	65670

In any process where process weight rate cannot be	65671
ascertained, the minimum fee shall be assessed.	65672

(b) Notwithstanding division (B)(3)(a) of this section, any	65673
person issued a permit to install pursuant to rules adopted under	65674
division (F) of section 3704.03 of the Revised Code shall pay the	65675
fees established in division (B)(3)(c) of this section for a	65676
process used in any of the following industries, as identified by	65677
the applicable four-digit standard industrial classification code	65678
according to the Standard Industrial Classification Manual	65679
published by the United States office of management and budget in	65680
the executive office of the president, 1972, as revised:	65681

1211 Bituminous coal and lignite mining;

65682

1213 Bituminous coal and lignite mining services;

65683

1411 Dimension stone;

65684

1422 Crushed and broken limestone;

65685

1427 Crushed and broken stone, not elsewhere classified;

65686

1442 Construction sand and gravel;

65687

1446 Industrial sand;

65688

3281 Cut stone and stone products;

65689

3295 Minerals and earth, ground or otherwise treated.

65690

(c) The fees established in the following schedule apply to	65691
the issuance of a permit to install pursuant to rules adopted	65692
under division (F) of section 3704.03 of the Revised Code for a	65693
process listed in division (B)(3)(b) of this section:	65694

Process weight rate (pounds per hour)

Permit to install

65695

0 to 1000	$ 200	65696
10,001 to 50,000	300	65697
50,001 to 100,000	400	65698
100,001 to 200,000	500	65699
200,001 to 400,000	600	65700
400,001 or more	700	65701

(4) Storage tanks

65702

Gallons (maximum useful capacity)

Permit to install

65703

0 to 20,000	$ 100	65704
20,001 to 40,000	150	65705
40,001 to 100,000	200	65706
100,001 to 250,000	250	65707
250,001 to 500,000	350	65708
500,001 to 1,000,000	500	65709
1,000,001 or greater	750	65710

(5) Gasoline/fuel dispensing facilities

65711

For each gasoline/fuel dispensing		Permit to install			65712
facility		$ 100			65713

(6) Dry cleaning facilities

65714

For each dry cleaning facility		Permit to install			65715
(includes all units at the facility)		$ 100			65716

(7) Registration status

65717

For each source covered		Permit to install			65718
by registration status		$ 75			65719

(C)(1) Except as otherwise provided in division (C)(2) of	65720
this section, beginning July 1, 1994, each person who owns or	65721
operates an air contaminant source and who is required to apply	65722
for and obtain a Title V permit under section 3704.036 of the	65723
Revised Code shall pay the fees set forth in division (C)(1) of	65724
this section. For the purposes of that division, total emissions	65725
of air contaminants may be calculated using engineering	65726
calculations, emissions factors, material balance calculations, or	65727
performance testing procedures, as authorized by the director.	65728

The following fees shall be assessed on the total actual	65729
emissions from a source in tons per year of the regulated	65730
pollutants particulate matter, sulfur dioxide, nitrogen oxides,	65731
organic compounds, and lead:	65732

(a) Fifteen dollars per ton on the total actual emissions of	65733
each such regulated pollutant during the period July through	65734
December 1993, to be collected no sooner than July 1, 1994;	65735

(b) Twenty dollars per ton on the total actual emissions of	65736
each such regulated pollutant during calendar year 1994, to be	65737
collected no sooner than April 15, 1995;	65738

(c) Twenty-five dollars per ton on the total actual emissions	65739
of each such regulated pollutant in calendar year 1995, and each	65740
subsequent calendar year, to be collected no sooner than the	65741
fifteenth day of April of the year next succeeding the calendar	65742
year in which the emissions occurred.	65743

The fees levied under division (C)(1) of this section do not	65744
apply to that portion of the emissions of a regulated pollutant at	65745
a facility that exceed four thousand tons during a calendar year.	65746

(2) The fees assessed under division (C)(1) of this section	65747
are for the purpose of providing funding for the Title V permit	65748
program.	65749

(3) The fees assessed under division (C)(1) of this section	65750
do not apply to emissions from any electric generating unit	65751
designated as a Phase I unit under Title IV of the federal Clean	65752
Air Act prior to calendar year 2000. Those fees shall be assessed	65753
on the emissions from such a generating unit commencing in	65754
calendar year 2001 based upon the total actual emissions from the	65755
generating unit during calendar year 2000 and shall continue to be	65756
assessed each subsequent calendar year based on the total actual	65757
emissions from the generating unit during the preceding calendar	65758
year.	65759

(4) The director shall issue invoices to owners or operators	65760
of air contaminant sources who are required to pay a fee assessed	65761
under division (C) or (D) of this section. Any such invoice shall	65762
be issued no sooner than the applicable date when the fee first	65763
may be collected in a year under the applicable division, shall	65764
identify the nature and amount of the fee assessed, and shall	65765
indicate that the fee is required to be paid within thirty days	65766
after the issuance of the invoice.	65767

(D)(1) Except as provided in division (D)(3) of this section,	65768
from January 1, 1994, through December 31, 2003, each person who	65769
owns or operates an air contaminant source; who is required to	65770
apply for a permit to operate pursuant to rules adopted under	65771
division (G), or a variance pursuant to division (H), of section	65772
3704.03 of the Revised Code; and who is not required to apply for	65773
and obtain a Title V permit under section 3704.036 of the Revised	65774
Code shall pay a single fee based upon the sum of the actual	65775
annual emissions from the facility of the regulated pollutants	65776
particulate matter, sulfur dioxide, nitrogen oxides, organic	65777
compounds, and lead in accordance with the following schedule:	65778

Total tons per year		65779
of regulated pollutants	Annual fee	65780
emitted	per facility	65781
More than 0, but less than 50	$ 75	65782
50 or more, but less than 100	300	65783
100 or more	700	65784

(2) Except as provided in division (D)(3) of this section,	65785
beginning January 1, 2004, each person who owns or operates an air	65786
contaminant source; who is required to apply for a permit to	65787
operate pursuant to rules adopted under division (G), or a	65788
variance pursuant to division (H), of section 3704.03 of the	65789
Revised Code; and who is not required to apply for and obtain a	65790
Title V permit under section 3704.03 of the Revised Code shall pay	65791
a single fee based upon the sum of the actual annual emissions	65792
from the facility of the regulated pollutants particulate matter,	65793
sulfur dioxide, nitrogen oxides, organic compounds, and lead in	65794
accordance with the following schedule:	65795

Total tons per year		65796
of regulated pollutants	Annual fee	65797
emitted	per facility	65798
More than 0, but less than 10	$ 100	65799
10 or more, but less than 50	200	65800
50 or more, but less than 100	300	65801
100 or more	700	65802

(3)(a) As used in division (D) of this section, "synthetic	65803
minor facility" means a facility for which one or more permits to	65804
install or permits to operate have been issued for the air	65805
contaminant sources at the facility that include terms and	65806
conditions that lower the facility's potential to emit air	65807
contaminants below the major source thresholds established in	65808
rules adopted under section 3704.036 of the Revised Code.	65809

(b) Beginning January 1, 2000, through June 30, ~~2012~~2014,	65810
each person who owns or operates a synthetic minor facility shall	65811
pay an annual fee based on the sum of the actual annual emissions	65812
from the facility of particulate matter, sulfur dioxide, nitrogen	65813
dioxide, organic compounds, and lead in accordance with the	65814
following schedule:	65815

Combined total tons		65816
per year of all regulated	Annual fee	65817
pollutants emitted	per facility	65818

Less than 10	$ 170	65819
10 or more, but less than 20	340	65820
20 or more, but less than 30	670	65821
30 or more, but less than 40	1,010	65822
40 or more, but less than 50	1,340	65823
50 or more, but less than 60	1,680	65824
60 or more, but less than 70	2,010	65825
70 or more, but less than 80	2,350	65826
80 or more, but less than 90	2,680	65827
90 or more, but less than 100	3,020	65828
100 or more	3,350	65829

(4) The fees assessed under division (D)(1) of this section	65830
shall be collected annually no sooner than the fifteenth day of	65831
April, commencing in 1995. The fees assessed under division (D)(2)	65832
of this section shall be collected annually no sooner than the	65833
fifteenth day of April, commencing in 2005. The fees assessed	65834
under division (D)(3) of this section shall be collected no sooner	65835
than the fifteenth day of April, commencing in 2000. The fees	65836
assessed under division (D) of this section in a calendar year	65837
shall be based upon the sum of the actual emissions of those	65838
regulated pollutants during the preceding calendar year. For the	65839
purpose of division (D) of this section, emissions of air	65840
contaminants may be calculated using engineering calculations,	65841
emission factors, material balance calculations, or performance	65842
testing procedures, as authorized by the director. The director,	65843
by rule, may require persons who are required to pay the fees	65844
assessed under division (D) of this section to pay those fees	65845
biennially rather than annually.	65846

(E)(1) Consistent with the need to cover the reasonable costs	65847
of the Title V permit program, the director annually shall	65848
increase the fees prescribed in division (C)(1) of this section by	65849
the percentage, if any, by which the consumer price index for the	65850
most recent calendar year ending before the beginning of a year	65851
exceeds the consumer price index for calendar year 1989. Upon	65852
calculating an increase in fees authorized by division (E)(1) of	65853
this section, the director shall compile revised fee schedules for	65854
the purposes of division (C)(1) of this section and shall make the	65855
revised schedules available to persons required to pay the fees	65856
assessed under that division and to the public.	65857

(2) For the purposes of division (E)(1) of this section:

65858

(a) The consumer price index for any year is the average of	65859
the consumer price index for all urban consumers published by the	65860
United States department of labor as of the close of the	65861
twelve-month period ending on the thirty-first day of August of	65862
that year.	65863

(b) If the 1989 consumer price index is revised, the director	65864
shall use the revision of the consumer price index that is most	65865
consistent with that for calendar year 1989.	65866

(F) Each person who is issued a permit to install pursuant to	65867
rules adopted under division (F) of section 3704.03 of the Revised	65868
Code on or after July 1, 2003, shall pay the fees specified in the	65869
following schedules:	65870

(1) Fuel-burning equipment (boilers, furnaces, or process	65871
heaters used in the process of burning fuel for the primary	65872
purpose of producing heat or power by indirect heat transfer)	65873

Input capacity (maximum)		65874
(million British thermal units per hour)	Permit to install	65875
Greater than 0, but less than 10	$ 200	65876
10 or more, but less than 100	400	65877
100 or more, but less than 300	1000	65878
300 or more, but less than 500	2250	65879
500 or more, but less than 1000	3750	65880
1000 or more, but less than 5000	6000	65881
5000 or more	9000	65882

Units burning exclusively natural gas, number two fuel oil,	65883
or both shall be assessed a fee that is one-half the applicable	65884
amount shown in division (F)(1) of this section.	65885

(2) Combustion turbines and stationary internal combustion	65886
engines designed to generate electricity	65887

Generating capacity (mega watts)	Permit to install	65888
0 or more, but less than 10	$ 25	65889
10 or more, but less than 25	150	65890
25 or more, but less than 50	300	65891
50 or more, but less than 100	500	65892
100 or more, but less than 250	1000	65893
250 or more	2000	65894

(3) Incinerators

65895

Input capacity (pounds per hour)	Permit to install	65896
0 to 100	$ 100	65897
101 to 500	500	65898
501 to 2000	1000	65899
2001 to 20,000	1500	65900
more than 20,000	3750	65901

(4)(a) Process

65902

Process weight rate (pounds per hour)	Permit to install	65903
0 to 1000	$ 200	65904
1001 to 5000	500	65905
5001 to 10,000	750	65906
10,001 to 50,000	1000	65907
more than 50,000	1250	65908

In any process where process weight rate cannot be	65909
ascertained, the minimum fee shall be assessed. A boiler, furnace,	65910
combustion turbine, stationary internal combustion engine, or	65911
process heater designed to provide direct heat or power to a	65912
process not designed to generate electricity shall be assessed a	65913
fee established in division (F)(4)(a) of this section. A	65914
combustion turbine or stationary internal combustion engine	65915
designed to generate electricity shall be assessed a fee	65916
established in division (F)(2) of this section.	65917

(b) Notwithstanding division (F)(4)(a) of this section, any	65918
person issued a permit to install pursuant to rules adopted under	65919
division (F) of section 3704.03 of the Revised Code shall pay the	65920
fees set forth in division (F)(4)(c) of this section for a process	65921
used in any of the following industries, as identified by the	65922
applicable two-digit, three-digit, or four-digit standard	65923
industrial classification code according to the Standard	65924
Industrial Classification Manual published by the United States	65925
office of management and budget in the executive office of the	65926
president, 1987, as revised:	65927

Major group 10, metal mining;

65928

Major group 12, coal mining;

65929

Major group 14, mining and quarrying of nonmetallic minerals;

65930

Industry group 204, grain mill products;

65931

2873 Nitrogen fertilizers;

65932

2874 Phosphatic fertilizers;

65933

3281 Cut stone and stone products;

65934

3295 Minerals and earth, ground or otherwise treated;

65935

4221 Grain elevators (storage only);

65936

5159 Farm related raw materials;

65937

5261 Retail nurseries and lawn and garden supply stores.

65938

(c) The fees set forth in the following schedule apply to the	65939
issuance of a permit to install pursuant to rules adopted under	65940
division (F) of section 3704.03 of the Revised Code for a process	65941
identified in division (F)(4)(b) of this section:	65942

Process weight rate (pounds per hour)	Permit to install	65943
0 to 10,000	$ 200	65944
10,001 to 50,000	400	65945
50,001 to 100,000	500	65946
100,001 to 200,000	600	65947
200,001 to 400,000	750	65948
400,001 or more	900	65949

(5) Storage tanks

65950

Gallons (maximum useful capacity)	Permit to install	65951
0 to 20,000	$ 100	65952
20,001 to 40,000	150	65953
40,001 to 100,000	250	65954
100,001 to 500,000	400	65955
500,001 or greater	750	65956

(6) Gasoline/fuel dispensing facilities

65957

For each gasoline/fuel		65958
dispensing facility (includes all	Permit to install	65959
units at the facility)	$ 100	65960

(7) Dry cleaning facilities

65961

For each dry cleaning		65962
facility (includes all units	Permit to install	65963
at the facility)	$ 100	65964

(8) Registration status

65965

For each source covered			Permit to install			65966
by registration status			$ 75			65967

(G) An owner or operator who is responsible for an asbestos	65968
demolition or renovation project pursuant to rules adopted under	65969
section 3704.03 of the Revised Code shall pay the fees set forth	65970
in the following schedule:	65971

Action	Fee	65972
Each notification	$75	65973
Asbestos removal	$3/unit	65974
Asbestos cleanup	$4/cubic yard	65975

For purposes of this division, "unit" means any combination of	65976
linear feet or square feet equal to fifty.	65977

(H) A person who is issued an extension of time for a permit	65978
to install an air contaminant source pursuant to rules adopted	65979
under division (F) of section 3704.03 of the Revised Code shall	65980
pay a fee equal to one-half the fee originally assessed for the	65981
permit to install under this section, except that the fee for such	65982
an extension shall not exceed two hundred dollars.	65983

(I) A person who is issued a modification to a permit to	65984
install an air contaminant source pursuant to rules adopted under	65985
section 3704.03 of the Revised Code shall pay a fee equal to	65986
one-half of the fee that would be assessed under this section to	65987
obtain a permit to install the source. The fee assessed by this	65988
division only applies to modifications that are initiated by the	65989
owner or operator of the source and shall not exceed two thousand	65990
dollars.	65991

(J) Notwithstanding division (B) or (F) of this section, a	65992
person who applies for or obtains a permit to install pursuant to	65993
rules adopted under division (F) of section 3704.03 of the Revised	65994
Code after the date actual construction of the source began shall	65995
pay a fee for the permit to install that is equal to twice the fee	65996
that otherwise would be assessed under the applicable division	65997
unless the applicant received authorization to begin construction	65998
under division (W) of section 3704.03 of the Revised Code. This	65999
division only applies to sources for which actual construction of	66000
the source begins on or after July 1, 1993. The imposition or	66001
payment of the fee established in this division does not preclude	66002
the director from taking any administrative or judicial	66003
enforcement action under this chapter, Chapter 3704., 3714.,	66004
3734., or 6111. of the Revised Code, or a rule adopted under any	66005
of them, in connection with a violation of rules adopted under	66006
division (F) of section 3704.03 of the Revised Code.	66007

As used in this division, "actual construction of the source"	66008
means the initiation of physical on-site construction activities	66009
in connection with improvements to the source that are permanent	66010
in nature, including, without limitation, the installation of	66011
building supports and foundations and the laying of underground	66012
pipework.	66013

(K) Fifty cents per ton of each fee assessed under division	66014
(C) of this section on actual emissions from a source and received	66015
by the environmental protection agency pursuant to that division	66016
shall be deposited into the state treasury to the credit of the	66017
small business assistance fund created in section 3706.19 of the	66018
Revised Code. The remainder of the moneys received by the division	66019
pursuant to that division and moneys received by the agency	66020
pursuant to divisions (D), (F), (G), (H), (I), and (J) of this	66021
section shall be deposited in the state treasury to the credit of	66022
the clean air fund created in section 3704.035 of the Revised	66023
Code.	66024

(L)(1)(a) Except as otherwise provided in division (L)(1)(b)	66025
or (c) of this section, a person issued a water discharge permit	66026
or renewal of a water discharge permit pursuant to Chapter 6111.	66027
of the Revised Code shall pay a fee based on each point source to	66028
which the issuance is applicable in accordance with the following	66029
schedule:	66030

Design flow discharge (gallons per day)	Fee	66031
0 to 1000	$ 0	66032
1,001 to 5000	100	66033
5,001 to 50,000	200	66034
50,001 to 100,000	300	66035
100,001 to 300,000	525	66036
over 300,000	750	66037

(b) Notwithstanding the fee schedule specified in division	66038
(L)(1)(a) of this section, the fee for a water discharge permit	66039
that is applicable to coal mining operations regulated under	66040
Chapter 1513. of the Revised Code shall be two hundred fifty	66041
dollars per mine.	66042

(c) Notwithstanding the fee schedule specified in division	66043
(L)(1)(a) of this section, the fee for a water discharge permit	66044
for a public discharger identified by I in the third character of	66045
the permittee's NPDES permit number shall not exceed seven hundred	66046
fifty dollars.	66047

(2) A person applying for a plan approval for a wastewater	66048
treatment works pursuant to section 6111.44, 6111.45, or 6111.46	66049
of the Revised Code shall pay a fee of one hundred dollars plus	66050
sixty-five one-hundredths of one per cent of the estimated project	66051
cost through June 30, ~~2012~~2014, and one hundred dollars plus	66052
two-tenths of one per cent of the estimated project cost on and	66053
after July 1, ~~2012~~2014, except that the total fee shall not	66054
exceed fifteen thousand dollars through June 30, ~~2012~~2014, and	66055
five thousand dollars on and after July 1, ~~2012~~2014. The fee	66056
shall be paid at the time the application is submitted.	66057

(3) A person issued a modification of a water discharge	66058
permit shall pay a fee equal to one-half the fee that otherwise	66059
would be charged for a water discharge permit, except that the fee	66060
for the modification shall not exceed four hundred dollars.	66061

(4) A person who has entered into an agreement with the	66062
director under section 6111.14 of the Revised Code shall pay an	66063
administrative service fee for each plan submitted under that	66064
section for approval that shall not exceed the minimum amount	66065
necessary to pay administrative costs directly attributable to	66066
processing plan approvals. The director annually shall calculate	66067
the fee and shall notify all persons who have entered into	66068
agreements under that section, or who have applied for agreements,	66069
of the amount of the fee.	66070

(5)(a)(i) Not later than January 30, ~~2010~~2012, and January	66071
30, ~~2011~~2013, a person holding an NPDES discharge permit issued	66072
pursuant to Chapter 6111. of the Revised Code with an average	66073
daily discharge flow of five thousand gallons or more shall pay a	66074
nonrefundable annual discharge fee. Any person who fails to pay	66075
the fee at that time shall pay an additional amount that equals	66076
ten per cent of the required annual discharge fee.	66077

(ii) The billing year for the annual discharge fee	66078
established in division (L)(5)(a)(i) of this section shall consist	66079
of a twelve-month period beginning on the first day of January of	66080
the year preceding the date when the annual discharge fee is due.	66081
In the case of an existing source that permanently ceases to	66082
discharge during a billing year, the director shall reduce the	66083
annual discharge fee, including the surcharge applicable to	66084
certain industrial facilities pursuant to division (L)(5)(c) of	66085
this section, by one-twelfth for each full month during the	66086
billing year that the source was not discharging, but only if the	66087
person holding the NPDES discharge permit for the source notifies	66088
the director in writing, not later than the first day of October	66089
of the billing year, of the circumstances causing the cessation of	66090
discharge.	66091

(iii) The annual discharge fee established in division	66092
(L)(5)(a)(i) of this section, except for the surcharge applicable	66093
to certain industrial facilities pursuant to division (L)(5)(c) of	66094
this section, shall be based upon the average daily discharge flow	66095
in gallons per day calculated using first day of May through	66096
thirty-first day of October flow data for the period two years	66097
prior to the date on which the fee is due. In the case of NPDES	66098
discharge permits for new sources, the fee shall be calculated	66099
using the average daily design flow of the facility until actual	66100
average daily discharge flow values are available for the time	66101
period specified in division (L)(5)(a)(iii) of this section. The	66102
annual discharge fee may be prorated for a new source as described	66103
in division (L)(5)(a)(ii) of this section.	66104

(b) An NPDES permit holder that is a public discharger shall	66105
pay the fee specified in the following schedule:	66106

Average daily	Fee due by	66107
discharge flow	January 30,	66108
	~~2010~~ 2012, and	66109
	January 30, ~~2011~~ 2013	66110

5,000 to 49,999	$ 200	66111
50,000 to 100,000	500	66112
100,001 to 250,000	1,050	66113
250,001 to 1,000,000	2,600	66114
1,000,001 to 5,000,000	5,200	66115
5,000,001 to 10,000,000	10,350	66116
10,000,001 to 20,000,000	15,550	66117
20,000,001 to 50,000,000	25,900	66118
50,000,001 to 100,000,000	41,400	66119
100,000,001 or more	62,100	66120

Public dischargers owning or operating two or more publicly	66121
owned treatment works serving the same political subdivision, as	66122
"treatment works" is defined in section 6111.01 of the Revised	66123
Code, and that serve exclusively political subdivisions having a	66124
population of fewer than one hundred thousand shall pay an annual	66125
discharge fee under division (L)(5)(b) of this section that is	66126
based on the combined average daily discharge flow of the	66127
treatment works.	66128

(c) An NPDES permit holder that is an industrial discharger,	66129
other than a coal mining operator identified by P in the third	66130
character of the permittee's NPDES permit number, shall pay the	66131
fee specified in the following schedule:	66132

Average daily	Fee due by	66133
discharge flow	January 30,	66134
	~~2010~~ 2012, and	66135
	January 30, ~~2011~~ 2013	66136

5,000 to 49,999	$ 250	66137
50,000 to 250,000	1,200	66138
250,001 to 1,000,000	2,950	66139
1,000,001 to 5,000,000	5,850	66140
5,000,001 to 10,000,000	8,800	66141
10,000,001 to 20,000,000	11,700	66142
20,000,001 to 100,000,000	14,050	66143
100,000,001 to 250,000,000	16,400	66144
250,000,001 or more	18,700	66145

In addition to the fee specified in the above schedule, an	66146
NPDES permit holder that is an industrial discharger classified as	66147
a major discharger during all or part of the annual discharge fee	66148
billing year specified in division (L)(5)(a)(ii) of this section	66149
shall pay a nonrefundable annual surcharge of seven thousand five	66150
hundred dollars not later than January 30, ~~2010~~2012, and not	66151
later than January 30, ~~2011~~2013. Any person who fails to pay the	66152
surcharge at that time shall pay an additional amount that equals	66153
ten per cent of the amount of the surcharge.	66154

(d) Notwithstanding divisions (L)(5)(b) and (c) of this	66155
section, a public discharger identified by I in the third	66156
character of the permittee's NPDES permit number and an industrial	66157
discharger identified by I, J, L, V, W, X, Y, or Z in the third	66158
character of the permittee's NPDES permit number shall pay a	66159
nonrefundable annual discharge fee of one hundred eighty dollars	66160
not later than January 30, ~~2010~~2012, and not later than January	66161
30, ~~2011~~2013. Any person who fails to pay the fee at that time	66162
shall pay an additional amount that equals ten per cent of the	66163
required fee.	66164

(6) Each person obtaining a national pollutant discharge	66165
elimination system general or individual permit for municipal	66166
storm water discharge shall pay a nonrefundable storm water	66167
discharge fee of one hundred dollars per square mile of area	66168
permitted. The fee shall not exceed ten thousand dollars and shall	66169
be payable on or before January 30, 2004, and the thirtieth day of	66170
January of each year thereafter. Any person who fails to pay the	66171
fee on the date specified in division (L)(6) of this section shall	66172
pay an additional amount per year equal to ten per cent of the	66173
annual fee that is unpaid.	66174

(7) The director shall transmit all moneys collected under	66175
division (L) of this section to the treasurer of state for deposit	66176
into the state treasury to the credit of the surface water	66177
protection fund created in section 6111.038 of the Revised Code.	66178

(8) As used in division (L) of this section:

66179

(a) "NPDES" means the federally approved national pollutant	66180
discharge elimination system program for issuing, modifying,	66181
revoking, reissuing, terminating, monitoring, and enforcing	66182
permits and imposing and enforcing pretreatment requirements under	66183
Chapter 6111. of the Revised Code and rules adopted under it.	66184

(b) "Public discharger" means any holder of an NPDES permit	66185
identified by P in the second character of the NPDES permit number	66186
assigned by the director.	66187

(c) "Industrial discharger" means any holder of an NPDES	66188
permit identified by I in the second character of the NPDES permit	66189
number assigned by the director.	66190

(d) "Major discharger" means any holder of an NPDES permit	66191
classified as major by the regional administrator of the United	66192
States environmental protection agency in conjunction with the	66193
director.	66194

(M) Through June 30, ~~2012~~2014, a person applying for a	66195
license or license renewal to operate a public water system under	66196
section 6109.21 of the Revised Code shall pay the appropriate fee	66197
established under this division at the time of application to the	66198
director. Any person who fails to pay the fee at that time shall	66199
pay an additional amount that equals ten per cent of the required	66200
fee. The director shall transmit all moneys collected under this	66201
division to the treasurer of state for deposit into the drinking	66202
water protection fund created in section 6109.30 of the Revised	66203
Code.	66204

Except as provided in division (M)(4) of this section, fees	66205
required under this division shall be calculated and paid in	66206
accordance with the following schedule:	66207

(1) For the initial license required under division (A)(1) of	66208
section 6109.21 of the Revised Code for any public water system	66209
that is a community water system as defined in section 6109.01 of	66210
the Revised Code, and for each license renewal required for such a	66211
system prior to January 31, ~~2012~~2014, the fee is:	66212

Number of service connections		Fee amount	66213
	Not more than 49	$ 112	66214
	50 to 99	176	66215

Number of service connections		Average cost per connection	66216
	100 to 2,499	$ 1.92	66217
	2,500 to 4,999	1.48	66218
	5,000 to 7,499	1.42	66219
	7,500 to 9,999	1.34	66220
	10,000 to 14,999	1.16	66221
	15,000 to 24,999	1.10	66222
	25,000 to 49,999	1.04	66223
	50,000 to 99,999	.92	66224
	100,000 to 149,999	.86	66225
	150,000 to 199,999	.80	66226
	200,000 or more	.76	66227

A public water system may determine how it will pay the total	66228
amount of the fee calculated under division (M)(1) of this	66229
section, including the assessment of additional user fees that may	66230
be assessed on a volumetric basis.	66231

As used in division (M)(1) of this section, "service	66232
connection" means the number of active or inactive pipes,	66233
goosenecks, pigtails, and any other fittings connecting a water	66234
main to any building outlet.	66235

(2) For the initial license required under division (A)(2) of	66236
section 6109.21 of the Revised Code for any public water system	66237
that is not a community water system and serves a nontransient	66238
population, and for each license renewal required for such a	66239
system prior to January 31, ~~2012~~2014, the fee is:	66240

Population served	Fee amount	66241
Fewer than 150	$ 112	66242
150 to 299	176	66243
300 to 749	384	66244
750 to 1,499	628	66245
1,500 to 2,999	1,268	66246
3,000 to 7,499	2,816	66247
7,500 to 14,999	5,510	66248
15,000 to 22,499	9,048	66249
22,500 to 29,999	12,430	66250
30,000 or more	16,820	66251

As used in division (M)(2) of this section, "population	66252
served" means the total number of individuals ~~receiving water from~~	66253
having access to the water supply during a twenty-four-hour period	66254
for at least sixty days during any calendar year. In the absence	66255
of a specific population count, that number shall be calculated at	66256
the rate of three individuals per service connection.	66257

(3) For the initial license required under division (A)(3) of	66258
section 6109.21 of the Revised Code for any public water system	66259
that is not a community water system and serves a transient	66260
population, and for each license renewal required for such a	66261
system prior to January 31, ~~2012~~2014, the fee is:	66262

Number of wells or sources, other than surface water, supplying system		Fee amount	66263
	1	$112	66264
	2	112	66265
	3	176	66266
	4	278	66267
	5	568	66268
	System designated as using a		66269
	surface water source	792	66270

As used in division (M)(3) of this section, "number of wells	66271
or sources, other than surface water, supplying system" means	66272
those wells or sources that are physically connected to the	66273
plumbing system serving the public water system.	66274

(4) A public water system designated as using a surface water	66275
source shall pay a fee of seven hundred ninety-two dollars or the	66276
amount calculated under division (M)(1) or (2) of this section,	66277
whichever is greater.	66278

(N)(1) A person applying for a plan approval for a public	66279
water supply system under section 6109.07 of the Revised Code	66280
shall pay a fee of one hundred fifty dollars plus thirty-five	66281
hundredths of one per cent of the estimated project cost, except	66282
that the total fee shall not exceed twenty thousand dollars	66283
through June 30, ~~2012~~2014, and fifteen thousand dollars on and	66284
after July 1, ~~2012~~2014. The fee shall be paid at the time the	66285
application is submitted.	66286

(2) A person who has entered into an agreement with the	66287
director under division (A)(2) of section 6109.07 of the Revised	66288
Code shall pay an administrative service fee for each plan	66289
submitted under that section for approval that shall not exceed	66290
the minimum amount necessary to pay administrative costs directly	66291
attributable to processing plan approvals. The director annually	66292
shall calculate the fee and shall notify all persons that have	66293
entered into agreements under that division, or who have applied	66294
for agreements, of the amount of the fee.	66295

(3) Through June 30, ~~2012~~2014, the following fee, on a per	66296
survey basis, shall be charged any person for services rendered by	66297
the state in the evaluation of laboratories and laboratory	66298
personnel for compliance with accepted analytical techniques and	66299
procedures established pursuant to Chapter 6109. of the Revised	66300
Code for determining the qualitative characteristics of water:	66301

microbiological			66302
	MMO-MUG	$2,000	66303
	MF	2,100	66304
	MMO-MUG and MF	2,550	66305
organic chemical		5,400	66306
trace metals		5,400	66307
standard chemistry		2,800	66308
limited chemistry		1,550	66309

On and after July 1, ~~2012~~2014, the following fee, on a per	66310
survey basis, shall be charged any such person:	66311

microbiological	$ 1,650	66312
organic chemicals	3,500	66313
trace metals	3,500	66314
standard chemistry	1,800	66315
limited chemistry	1,000	66316

The fee for those services shall be paid at the time the request	66317
for the survey is made. Through June 30, ~~2012~~ 2014, an individual	66318
laboratory shall not be assessed a fee under this division more	66319
than once in any three-year period unless the person requests the	66320
addition of analytical methods or analysts, in which case the	66321
person shall pay eighteen hundred dollars for each additional	66322
survey requested.	66323

As used in division (N)(3) of this section:

66324

(a) "MF" means microfiltration.

66325

(b) "MMO" means minimal medium ONPG.

66326

66327

(d) "ONPG" means o-nitrophenyl-beta-D-galactopyranoside.

66328

The director shall transmit all moneys collected under this	66329
division to the treasurer of state for deposit into the drinking	66330
water protection fund created in section 6109.30 of the Revised	66331
Code.	66332

(O) Any person applying to the director for examination for	66333
certification as an operator of a water supply system or	66334
wastewater system under Chapter 6109. or 6111. of the Revised	66335
Code, at the time the application is submitted, shall pay an	66336
application fee of forty-five dollars through November 30, ~~2012~~	66337
2014, and twenty-five dollars on and after December 1, ~~2012~~2014.	66338
Upon approval from the director that the applicant is eligible to	66339
take the examination therefor, the applicant shall pay a fee in	66340
accordance with the following schedule through November 30, ~~2012~~	66341
2014:	66342

Class A operator	$35	66343
Class I operator	60	66344
Class II operator	75	66345
Class III operator	85	66346
Class IV operator	100	66347

On and after December 1, ~~2012~~2014, the applicant shall pay a	66348
fee in accordance with the following schedule:	66349

Class A operator	$25	66350
Class I operator	$45	66351
Class II operator	55	66352
Class III operator	65	66353
Class IV operator	75	66354

A person shall pay a biennial certification renewal fee for	66355
each applicable class of certification in accordance with the	66356
following schedule:	66357

Class A operator	$25	66358
Class I operator	35	66359
Class II operator	45	66360
Class III operator	55	66361
Class IV operator	65	66362

If a certification renewal fee is received by the director	66363
more than thirty days, but not more than one year after the	66364
expiration date of the certification, the person shall pay a	66365
certification renewal fee in accordance with the following	66366
schedule:	66367

Class A operator	$45	66368
Class I operator	55	66369
Class II operator	65	66370
Class III operator	75	66371
Class IV operator	85	66372

A person who requests a replacement certificate shall pay a	66373
fee of twenty-five dollars at the time the request is made.	66374

The director shall transmit all moneys collected under this	66375
division to the treasurer of state for deposit into the drinking	66376
water protection fund created in section 6109.30 of the Revised	66377
Code.	66378

(P) Any person submitting an application for an industrial	66379
water pollution control certificate under section 6111.31 of the	66380
Revised Code, as that section existed before its repeal by H.B. 95	66381
of the 125th general assembly, shall pay a nonrefundable fee of	66382
five hundred dollars at the time the application is submitted. The	66383
director shall transmit all moneys collected under this division	66384
to the treasurer of state for deposit into the surface water	66385
protection fund created in section 6111.038 of the Revised Code. A	66386
person paying a certificate fee under this division shall not pay	66387
an application fee under division (S)(1) of this section. On and	66388
after June 26, 2003, persons shall file such applications and pay	66389
the fee as required under sections 5709.20 to 5709.27 of the	66390
Revised Code, and proceeds from the fee shall be credited as	66391
provided in section 5709.212 of the Revised Code.	66392

(Q) Except as otherwise provided in division (R) of this	66393
section, a person issued a permit by the director for a new solid	66394
waste disposal facility other than an incineration or composting	66395
facility, a new infectious waste treatment facility other than an	66396
incineration facility, or a modification of such an existing	66397
facility that includes an increase in the total disposal or	66398
treatment capacity of the facility pursuant to Chapter 3734. of	66399
the Revised Code shall pay a fee of ten dollars per thousand cubic	66400
yards of disposal or treatment capacity, or one thousand dollars,	66401
whichever is greater, except that the total fee for any such	66402
permit shall not exceed eighty thousand dollars. A person issued a	66403
modification of a permit for a solid waste disposal facility or an	66404
infectious waste treatment facility that does not involve an	66405
increase in the total disposal or treatment capacity of the	66406
facility shall pay a fee of one thousand dollars. A person issued	66407
a permit to install a new, or modify an existing, solid waste	66408
transfer facility under that chapter shall pay a fee of two	66409
thousand five hundred dollars. A person issued a permit to install	66410
a new or to modify an existing solid waste incineration or	66411
composting facility, or an existing infectious waste treatment	66412
facility using incineration as its principal method of treatment,	66413
under that chapter shall pay a fee of one thousand dollars. The	66414
increases in the permit fees under this division resulting from	66415
the amendments made by Amended Substitute House Bill 592 of the	66416
117th general assembly do not apply to any person who submitted an	66417
application for a permit to install a new, or modify an existing,	66418
solid waste disposal facility under that chapter prior to	66419
September 1, 1987; any such person shall pay the permit fee	66420
established in this division as it existed prior to June 24, 1988.	66421
In addition to the applicable permit fee under this division, a	66422
person issued a permit to install or modify a solid waste facility	66423
or an infectious waste treatment facility under that chapter who	66424
fails to pay the permit fee to the director in compliance with	66425
division (V) of this section shall pay an additional ten per cent	66426
of the amount of the fee for each week that the permit fee is	66427
late.	66428

Permit and late payment fees paid to the director under this	66429
division shall be credited to the general revenue fund.	66430

(R)(1) A person issued a registration certificate for a scrap	66431
tire collection facility under section 3734.75 of the Revised Code	66432
shall pay a fee of two hundred dollars, except that if the	66433
facility is owned or operated by a motor vehicle salvage dealer	66434
licensed under Chapter 4738. of the Revised Code, the person shall	66435
pay a fee of twenty-five dollars.	66436

(2) A person issued a registration certificate for a new	66437
scrap tire storage facility under section 3734.76 of the Revised	66438
Code shall pay a fee of three hundred dollars, except that if the	66439
facility is owned or operated by a motor vehicle salvage dealer	66440
licensed under Chapter 4738. of the Revised Code, the person shall	66441
pay a fee of twenty-five dollars.	66442

(3) A person issued a permit for a scrap tire storage	66443
facility under section 3734.76 of the Revised Code shall pay a fee	66444
of one thousand dollars, except that if the facility is owned or	66445
operated by a motor vehicle salvage dealer licensed under Chapter	66446
4738. of the Revised Code, the person shall pay a fee of fifty	66447
dollars.	66448

(4) A person issued a permit for a scrap tire monocell or	66449
monofill facility under section 3734.77 of the Revised Code shall	66450
pay a fee of ten dollars per thousand cubic yards of disposal	66451
capacity or one thousand dollars, whichever is greater, except	66452
that the total fee for any such permit shall not exceed eighty	66453
thousand dollars.	66454

(5) A person issued a registration certificate for a scrap	66455
tire recovery facility under section 3734.78 of the Revised Code	66456
shall pay a fee of one hundred dollars.	66457

(6) A person issued a permit for a scrap tire recovery	66458
facility under section 3734.78 of the Revised Code shall pay a fee	66459
of one thousand dollars.	66460

(7) In addition to the applicable registration certificate or	66461
permit fee under divisions (R)(1) to (6) of this section, a person	66462
issued a registration certificate or permit for any such scrap	66463
tire facility who fails to pay the registration certificate or	66464
permit fee to the director in compliance with division (V) of this	66465
section shall pay an additional ten per cent of the amount of the	66466
fee for each week that the fee is late.	66467

(8) The registration certificate, permit, and late payment	66468
fees paid to the director under divisions (R)(1) to (7) of this	66469
section shall be credited to the scrap tire management fund	66470
created in section 3734.82 of the Revised Code.	66471

(S)(1) Except as provided by divisions (L), (M), (N), (O),	66472
(P), and (S)(2) of this section, division (A)(2) of section	66473
3734.05 of the Revised Code, section 3734.79 of the Revised Code,	66474
and rules adopted under division (T)(1) of this section, any	66475
person applying for a registration certificate under section	66476
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit,	66477
variance, or plan approval under Chapter 3734. of the Revised Code	66478
shall pay a nonrefundable fee of fifteen dollars at the time the	66479
application is submitted.	66480

Except as otherwise provided, any person applying for a	66481
permit, variance, or plan approval under Chapter 6109. or 6111. of	66482
the Revised Code shall pay a nonrefundable fee of one hundred	66483
dollars at the time the application is submitted through June 30,	66484
~~2012~~2014, and a nonrefundable fee of fifteen dollars at the time	66485
the application is submitted on and after July 1, ~~2012~~2014.	66486
~~Through~~Except as provided in division (S)(3) of this section,	66487
through June 30, ~~2012~~2014, any person applying for a national	66488
pollutant discharge elimination system permit under Chapter 6111.	66489
of the Revised Code shall pay a nonrefundable fee of two hundred	66490
dollars at the time of application for the permit. On and after	66491
July 1, ~~2012~~2014, such a person shall pay a nonrefundable fee of	66492
fifteen dollars at the time of application.	66493

In addition to the application fee established under division	66494
(S)(1) of this section, any person applying for a national	66495
pollutant discharge elimination system general storm water	66496
construction permit shall pay a nonrefundable fee of twenty	66497
dollars per acre for each acre that is permitted above five acres	66498
at the time the application is submitted. However, the per acreage	66499
fee shall not exceed three hundred dollars. In addition, any	66500
person applying for a national pollutant discharge elimination	66501
system general storm water industrial permit shall pay a	66502
nonrefundable fee of one hundred fifty dollars at the time the	66503
application is submitted.	66504

The director shall transmit all moneys collected under	66505
division (S)(1) of this section pursuant to Chapter 6109. of the	66506
Revised Code to the treasurer of state for deposit into the	66507
drinking water protection fund created in section 6109.30 of the	66508
Revised Code.	66509

The director shall transmit all moneys collected under	66510
division (S)(1) of this section pursuant to Chapter 6111. of the	66511
Revised Code and under division (S)(3) of this section to the	66512
treasurer of state for deposit into the surface water protection	66513
fund created in section 6111.038 of the Revised Code.	66514

If a registration certificate is issued under section	66515
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of	66516
the application fee paid shall be deducted from the amount of the	66517
registration certificate fee due under division (R)(1), (2), or	66518
(5) of this section, as applicable.	66519

If a person submits an electronic application for a	66520
registration certificate, permit, variance, or plan approval for	66521
which an application fee is established under division (S)(1) of	66522
this section, the person shall pay the applicable application fee	66523
as expeditiously as possible after the submission of the	66524
electronic application. An application for a registration	66525
certificate, permit, variance, or plan approval for which an	66526
application fee is established under division (S)(1) of this	66527
section shall not be reviewed or processed until the applicable	66528
application fee, and any other fees established under this	66529
division, are paid.	66530

(2) Division (S)(1) of this section does not apply to an	66531
application for a registration certificate for a scrap tire	66532
collection or storage facility submitted under section 3734.75 or	66533
3734.76 of the Revised Code, as applicable, if the owner or	66534
operator of the facility or proposed facility is a motor vehicle	66535
salvage dealer licensed under Chapter 4738. of the Revised Code.	66536

(3) A person applying for coverage under a national pollutant	66537
discharge elimination system general discharge permit for	66538
household sewage treatment systems shall pay the following fees:	66539

(a) A nonrefundable fee of two hundred dollars at the time of	66540
application for initial permit coverage;	66541

(b) A nonrefundable fee of one hundred dollars at the time of	66542
application for a renewal of permit coverage.	66543

(T) The director may adopt, amend, and rescind rules in	66544
accordance with Chapter 119. of the Revised Code that do all of	66545
the following:	66546

(1) Prescribe fees to be paid by applicants for and holders	66547
of any license, permit, variance, plan approval, or certification	66548
required or authorized by Chapter 3704., 3734., 6109., or 6111. of	66549
the Revised Code that are not specifically established in this	66550
section. The fees shall be designed to defray the cost of	66551
processing, issuing, revoking, modifying, denying, and enforcing	66552
the licenses, permits, variances, plan approvals, and	66553
certifications.	66554

The director shall transmit all moneys collected under rules	66555
adopted under division (T)(1) of this section pursuant to Chapter	66556
6109. of the Revised Code to the treasurer of state for deposit	66557
into the drinking water protection fund created in section 6109.30	66558
of the Revised Code.	66559

The director shall transmit all moneys collected under rules	66560
adopted under division (T)(1) of this section pursuant to Chapter	66561
6111. of the Revised Code to the treasurer of state for deposit	66562
into the surface water protection fund created in section 6111.038	66563
of the Revised Code.	66564

(2) Exempt the state and political subdivisions thereof,	66565
including education facilities or medical facilities owned by the	66566
state or a political subdivision, or any person exempted from	66567
taxation by section 5709.07 or 5709.12 of the Revised Code, from	66568
any fee required by this section;	66569

(3) Provide for the waiver of any fee, or any part thereof,	66570
otherwise required by this section whenever the director	66571
determines that the imposition of the fee would constitute an	66572
unreasonable cost of doing business for any applicant, class of	66573
applicants, or other person subject to the fee;	66574

(4) Prescribe measures that the director considers necessary	66575
to carry out this section.	66576

(U) When the director reasonably demonstrates that the direct	66577
cost to the state associated with the issuance of a permit to	66578
install, license, variance, plan approval, or certification	66579
exceeds the fee for the issuance or review specified by this	66580
section, the director may condition the issuance or review on the	66581
payment by the person receiving the issuance or review of, in	66582
addition to the fee specified by this section, the amount, or any	66583
portion thereof, in excess of the fee specified under this	66584
section. The director shall not so condition issuances for which	66585
fees are prescribed in divisions (B)(7) and (L)(1)(b) of this	66586
section.	66587

(V) Except as provided in divisions (L), (M), and (P) of this	66588
section or unless otherwise prescribed by a rule of the director	66589
adopted pursuant to Chapter 119. of the Revised Code, all fees	66590
required by this section are payable within thirty days after the	66591
issuance of an invoice for the fee by the director or the	66592
effective date of the issuance of the license, permit, variance,	66593
plan approval, or certification. If payment is late, the person	66594
responsible for payment of the fee shall pay an additional ten per	66595
cent of the amount due for each month that it is late.	66596

(W) As used in this section, "fuel-burning equipment,"	66597
"fuel-burning equipment input capacity," "incinerator,"	66598
"incinerator input capacity," "process," "process weight rate,"	66599
"storage tank," "gasoline dispensing facility," "dry cleaning	66600
facility," "design flow discharge," and "new source treatment	66601
works" have the meanings ascribed to those terms by applicable	66602
rules or standards adopted by the director under Chapter 3704. or	66603
6111. of the Revised Code.	66604

(X) As used in divisions (B), (C), (D), (E), (F), (H), (I),	66605
and (J) of this section, and in any other provision of this	66606
section pertaining to fees paid pursuant to Chapter 3704. of the	66607
Revised Code:	66608

(1) "Facility," "federal Clean Air Act," "person," and "Title	66609
V permit" have the same meanings as in section 3704.01 of the	66610
Revised Code.	66611

(2) "Title V permit program" means the following activities	66612
as necessary to meet the requirements of Title V of the federal	66613
Clean Air Act and 40 C.F.R. part 70, including at least:	66614

(a) Preparing and adopting, if applicable, generally	66615
applicable rules or guidance regarding the permit program or its	66616
implementation or enforcement;	66617

(b) Reviewing and acting on any application for a Title V	66618
permit, permit revision, or permit renewal, including the	66619
development of an applicable requirement as part of the processing	66620
of a permit, permit revision, or permit renewal;	66621

(c) Administering the permit program, including the	66622
supporting and tracking of permit applications, compliance	66623
certification, and related data entry;	66624

(d) Determining which sources are subject to the program and	66625
implementing and enforcing the terms of any Title V permit, not	66626
including any court actions or other formal enforcement actions;	66627

(e) Emission and ambient monitoring;

66628

(f) Modeling, analyses, or demonstrations;

66629

(g) Preparing inventories and tracking emissions;

66630

(h) Providing direct and indirect support to small business	66631
stationary sources to determine and meet their obligations under	66632
the federal Clean Air Act pursuant to the small business	66633
stationary source technical and environmental compliance	66634
assistance program required by section 507 of that act and	66635
established in sections 3704.18, 3704.19, and 3706.19 of the	66636
Revised Code.	66637

(Y)(1) Except as provided in divisions (Y)(2), (3), and (4)	66638
of this section, each sewage sludge facility shall pay a	66639
nonrefundable annual sludge fee equal to three dollars and fifty	66640
cents per dry ton of sewage sludge, including the dry tons of	66641
sewage sludge in materials derived from sewage sludge, that the	66642
sewage sludge facility treats or disposes of in this state. The	66643
annual volume of sewage sludge treated or disposed of by a sewage	66644
sludge facility shall be calculated using the first day of January	66645
through the thirty-first day of December of the calendar year	66646
preceding the date on which payment of the fee is due.	66647

(2)(a) Except as provided in division (Y)(2)(d) of this	66648
section, each sewage sludge facility shall pay a minimum annual	66649
sewage sludge fee of one hundred dollars.	66650

(b) The annual sludge fee required to be paid by a sewage	66651
sludge facility that treats or disposes of exceptional quality	66652
sludge in this state shall be thirty-five per cent less per dry	66653
ton of exceptional quality sludge than the fee assessed under	66654
division (Y)(1) of this section, subject to the following	66655
exceptions:	66656

(i) Except as provided in division (Y)(2)(d) of this section,	66657
a sewage sludge facility that treats or disposes of exceptional	66658
quality sludge shall pay a minimum annual sewage sludge fee of one	66659
hundred dollars.	66660

(ii) A sewage sludge facility that treats or disposes of	66661
exceptional quality sludge shall not be required to pay the annual	66662
sludge fee for treatment or disposal in this state of exceptional	66663
quality sludge generated outside of this state and contained in	66664
bags or other containers not greater than one hundred pounds in	66665
capacity.	66666

A thirty-five per cent reduction for exceptional quality	66667
sludge applies to the maximum annual fees established under	66668
division (Y)(3) of this section.	66669

(c) A sewage sludge facility that transfers sewage sludge to	66670
another sewage sludge facility in this state for further treatment	66671
prior to disposal in this state shall not be required to pay the	66672
annual sludge fee for the tons of sewage sludge that have been	66673
transferred. In such a case, the sewage sludge facility that	66674
disposes of the sewage sludge shall pay the annual sludge fee.	66675
However, the facility transferring the sewage sludge shall pay the	66676
one-hundred-dollar minimum fee required under division (Y)(2)(a)	66677
of this section.	66678

In the case of a sewage sludge facility that treats sewage	66679
sludge in this state and transfers it out of this state to another	66680
entity for disposal, the sewage sludge facility in this state	66681
shall be required to pay the annual sludge fee for the tons of	66682
sewage sludge that have been transferred.	66683

(d) A sewage sludge facility that generates sewage sludge	66684
resulting from an average daily discharge flow of less than five	66685
thousand gallons per day is not subject to the fees assessed under	66686
division (Y) of this section.	66687

(3) No sewage sludge facility required to pay the annual	66688
sludge fee shall be required to pay more than the maximum annual	66689
fee for each disposal method that the sewage sludge facility uses.	66690
The maximum annual fee does not include the additional amount that	66691
may be charged under division (Y)(5) of this section for late	66692
payment of the annual sludge fee. The maximum annual fee for the	66693
following methods of disposal of sewage sludge is as follows:	66694

(a) Incineration: five thousand dollars;

66695

(b) Preexisting land reclamation project or disposal in a	66696
landfill: five thousand dollars;	66697

(c) Land application, land reclamation, surface disposal, or	66698
any other disposal method not specified in division (Y)(3)(a) or	66699
(b) of this section: twenty thousand dollars.	66700

(4)(a) In the case of an entity that generates sewage sludge	66701
or a sewage sludge facility that treats sewage sludge and	66702
transfers the sewage sludge to an incineration facility for	66703
disposal, the incineration facility, and not the entity generating	66704
the sewage sludge or the sewage sludge facility treating the	66705
sewage sludge, shall pay the annual sludge fee for the tons of	66706
sewage sludge that are transferred. However, the entity or	66707
facility generating or treating the sewage sludge shall pay the	66708
one-hundred-dollar minimum fee required under division (Y)(2)(a)	66709
of this section.	66710

(b) In the case of an entity that generates sewage sludge and	66711
transfers the sewage sludge to a landfill for disposal or to a	66712
sewage sludge facility for land reclamation or surface disposal,	66713
the entity generating the sewage sludge, and not the landfill or	66714
sewage sludge facility, shall pay the annual sludge fee for the	66715
tons of sewage sludge that are transferred.	66716

(5) Not later than the first day of April of the calendar	66717
year following March 17, 2000, and each first day of April	66718
thereafter, the director shall issue invoices to persons who are	66719
required to pay the annual sludge fee. The invoice shall identify	66720
the nature and amount of the annual sludge fee assessed and state	66721
the first day of May as the deadline for receipt by the director	66722
of objections regarding the amount of the fee and the first day of	66723
July as the deadline for payment of the fee.	66724

Not later than the first day of May following receipt of an	66725
invoice, a person required to pay the annual sludge fee may submit	66726
objections to the director concerning the accuracy of information	66727
regarding the number of dry tons of sewage sludge used to	66728
calculate the amount of the annual sludge fee or regarding whether	66729
the sewage sludge qualifies for the exceptional quality sludge	66730
discount established in division (Y)(2)(b) of this section. The	66731
director may consider the objections and adjust the amount of the	66732
fee to ensure that it is accurate.	66733

If the director does not adjust the amount of the annual	66734
sludge fee in response to a person's objections, the person may	66735
appeal the director's determination in accordance with Chapter	66736
119. of the Revised Code.	66737

Not later than the first day of June, the director shall	66738
notify the objecting person regarding whether the director has	66739
found the objections to be valid and the reasons for the finding.	66740
If the director finds the objections to be valid and adjusts the	66741
amount of the annual sludge fee accordingly, the director shall	66742
issue with the notification a new invoice to the person	66743
identifying the amount of the annual sludge fee assessed and	66744
stating the first day of July as the deadline for payment.	66745

Not later than the first day of July, any person who is	66746
required to do so shall pay the annual sludge fee. Any person who	66747
is required to pay the fee, but who fails to do so on or before	66748
that date shall pay an additional amount that equals ten per cent	66749
of the required annual sludge fee.	66750

(6) The director shall transmit all moneys collected under	66751
division (Y) of this section to the treasurer of state for deposit	66752
into the surface water protection fund created in section 6111.038	66753
of the Revised Code. The moneys shall be used to defray the costs	66754
of administering and enforcing provisions in Chapter 6111. of the	66755
Revised Code and rules adopted under it that govern the use,	66756
storage, treatment, or disposal of sewage sludge.	66757

(7) Beginning in fiscal year 2001, and every two years	66758
thereafter, the director shall review the total amount of moneys	66759
generated by the annual sludge fees to determine if that amount	66760
exceeded six hundred thousand dollars in either of the two	66761
preceding fiscal years. If the total amount of moneys in the fund	66762
exceeded six hundred thousand dollars in either fiscal year, the	66763
director, after review of the fee structure and consultation with	66764
affected persons, shall issue an order reducing the amount of the	66765
fees levied under division (Y) of this section so that the	66766
estimated amount of moneys resulting from the fees will not exceed	66767
six hundred thousand dollars in any fiscal year.	66768

If, upon review of the fees under division (Y)(7) of this	66769
section and after the fees have been reduced, the director	66770
determines that the total amount of moneys collected and	66771
accumulated is less than six hundred thousand dollars, the	66772
director, after review of the fee structure and consultation with	66773
affected persons, may issue an order increasing the amount of the	66774
fees levied under division (Y) of this section so that the	66775
estimated amount of moneys resulting from the fees will be	66776
approximately six hundred thousand dollars. Fees shall never be	66777
increased to an amount exceeding the amount specified in division	66778
(Y)(7) of this section.	66779

Notwithstanding section 119.06 of the Revised Code, the	66780
director may issue an order under division (Y)(7) of this section	66781
without the necessity to hold an adjudicatory hearing in	66782
connection with the order. The issuance of an order under this	66783
division is not an act or action for purposes of section 3745.04	66784
of the Revised Code.	66785

(8) As used in division (Y) of this section:

66786

(a) "Sewage sludge facility" means an entity that performs	66787
treatment on or is responsible for the disposal of sewage sludge.	66788

(b) "Sewage sludge" means a solid, semi-solid, or liquid	66789
residue generated during the treatment of domestic sewage in a	66790
treatment works as defined in section 6111.01 of the Revised Code.	66791
"Sewage sludge" includes, but is not limited to, scum or solids	66792
removed in primary, secondary, or advanced wastewater treatment	66793
processes. "Sewage sludge" does not include ash generated during	66794
the firing of sewage sludge in a sewage sludge incinerator, grit	66795
and screenings generated during preliminary treatment of domestic	66796
sewage in a treatment works, animal manure, residue generated	66797
during treatment of animal manure, or domestic septage.	66798

(c) "Exceptional quality sludge" means sewage sludge that	66799
meets all of the following qualifications:	66800

(i) Satisfies the class A pathogen standards in 40 C.F.R.	66801
503.32(a);	66802

(ii) Satisfies one of the vector attraction reduction	66803
requirements in 40 C.F.R. 503.33(b)(1) to (b)(8);	66804

(iii) Does not exceed the ceiling concentration limitations	66805
for metals listed in table one of 40 C.F.R. 503.13;	66806

(iv) Does not exceed the concentration limitations for metals	66807
listed in table three of 40 C.F.R. 503.13.	66808

(d) "Treatment" means the preparation of sewage sludge for	66809
final use or disposal and includes, but is not limited to,	66810
thickening, stabilization, and dewatering of sewage sludge.	66811

(e) "Disposal" means the final use of sewage sludge,	66812
including, but not limited to, land application, land reclamation,	66813
surface disposal, or disposal in a landfill or an incinerator.	66814

(f) "Land application" means the spraying or spreading of	66815
sewage sludge onto the land surface, the injection of sewage	66816
sludge below the land surface, or the incorporation of sewage	66817
sludge into the soil for the purposes of conditioning the soil or	66818
fertilizing crops or vegetation grown in the soil.	66819

(g) "Land reclamation" means the returning of disturbed land	66820
to productive use.	66821

(h) "Surface disposal" means the placement of sludge on an	66822
area of land for disposal, including, but not limited to,	66823
monofills, surface impoundments, lagoons, waste piles, or	66824
dedicated disposal sites.	66825

(i) "Incinerator" means an entity that disposes of sewage	66826
sludge through the combustion of organic matter and inorganic	66827
matter in sewage sludge by high temperatures in an enclosed	66828
device.	66829

(j) "Incineration facility" includes all incinerators owned	66830
or operated by the same entity and located on a contiguous tract	66831
of land. Areas of land are considered to be contiguous even if	66832
they are separated by a public road or highway.	66833

(k) "Annual sludge fee" means the fee assessed under division	66834
(Y)(1) of this section.	66835

(l) "Landfill" means a sanitary landfill facility, as defined	66836
in rules adopted under section 3734.02 of the Revised Code, that	66837
is licensed under section 3734.05 of the Revised Code.	66838

(m) "Preexisting land reclamation project" means a	66839
property-specific land reclamation project that has been in	66840
continuous operation for not less than five years pursuant to	66841
approval of the activity by the director and includes the	66842
implementation of a community outreach program concerning the	66843
activity.	66844

Sec. 3746.02. (A) Nothing in this chapter applies to any of	66845
the following:	66846

(1) Property for which a voluntary action under this chapter	66847
is precluded by federal law or regulations adopted under federal	66848
law, including, without limitation, any of the following federal	66849
laws or regulations adopted thereunder:	66850

(a) The "Federal Water Pollution Control Act Amendments of	66851
1972," 86 Stat. 886, 33 U.S.C.A. 1251, as amended;	66852

(b) The "Resource Conservation and Recovery Act of 1976," 90	66853
Stat. 2806, 42 U.S.C.A. 6921, as amended;	66854

(c) The "Toxic Substances Control Act," 90 Stat. 2003 (1976),	66855
15 U.S.C.A. 2601, as amended;	66856

(d) The "Comprehensive Environmental Response, Compensation,	66857
and Liability Act of 1980," 94 Stat. 2779, 42 U.S.C.A. 9601, as	66858
amended;	66859

(e) The "Safe Drinking Water Act," 88 Stat. 1661 (1974), 42	66860
U.S.C.A. 300(f), as amended.	66861

(2) Those portions of property where closure of a hazardous	66862
waste facility or solid waste facility is required under Chapter	66863
3734. of the Revised Code or rules adopted under it;	66864

(3) ~~Property or~~Except for a class C release as defined in	66865
section 3737.87 of the Revised Code, properties regardless of	66866
ownership that are subject to remediation rules adopted under the	66867
authority of the division of fire marshal in the department of	66868
commerce, including remediation rules adopted under sections	66869
3737.88, 3737.882, and 3737.889 of the Revised Code;	66870

(4) Property that is subject to Chapter 1509. of the Revised	66871
Code;	66872

(5) Any other property if the director of environmental	66873
protection has issued a letter notifying the owner or operator of	66874
the property that hethe director will issue an enforcement order	66875
under Chapter 3704., 3734., or 6111. of the Revised Code, a	66876
release or threatened release of a hazardous substance or	66877
petroleum from or at the property poses a substantial threat to	66878
public health or safety or the environment, and the person subject	66879
to the order does not present sufficient evidence to the director	66880
that hethe person has entered into the voluntary action program	66881
under this chapter and is proceeding expeditiously to address that	66882
threat. For the purposes of this division, the evidence	66883
constituting sufficient evidence of entry into the voluntary	66884
action program under this chapter shall be defined by the director	66885
by rules adopted under section 3746.04 of the Revised Code. Until	66886
such time as the director has adopted those rules, the director,	66887
at a minimum, shall consider the existence of a contract with a	66888
certified professional to appropriately respond to the threat	66889
named in the director's letter informing the person of ~~his~~the	66890
director's intent to issue an enforcement order and the	66891
availability of financial resources to complete the contract to be	66892
sufficient evidence of entry into the program.	66893

(B) The application of any provision of division (A) of this	66894
section to a portion of property does not preclude participation	66895
in the voluntary action program under this chapter in connection	66896
with other portions of the property where those provisions do not	66897
apply.	66898

(C) As used in this section, "property" means any parcel of	66899
real property, or portion thereof, and any improvements thereto.	66900

Sec. 3750.081. (A) Notwithstanding any provision in this	66901
chapter to the contrary, an owner or operator of a facility that	66902
is regulated under Chapter 1509. of the Revised Code who has filed	66903
a log in accordance with section 1509.10 of the Revised Code and a	66904
production statement in accordance with section 1509.11 of the	66905
Revised Code shall be deemed to have satisfied all of the	66906
inventory, notification, listing, and other submission and filing	66907
requirements established under this chapter, except for the	66908
release reporting requirements established under section 3750.06	66909
of the Revised Code.	66910

(B) The emergency response commission and every local	66911
emergency planning committee and fire department in this state	66912
shall establish a means by which to access, view, and retrieve	66913
information, through the use of the internet or a computer disk,	66914
from the electronic database maintained by the division of ~~mineral~~	66915
oil and gas resources management in the department of natural	66916
resources in accordance with section 1509.23 of the Revised Code.	66917
With respect to facilities regulated under Chapter 1509. of the	66918
Revised Code, the database shall be the means of providing and	66919
receiving the information described in division (A) of this	66920
section.	66921

Sec. 3769.07. Except as otherwise provided in this section,	66922
no permit shall be issued under sections 3769.01 to 3769.14 of the	66923
Revised Code, authorizing the conduct of a live racing program for	66924
thoroughbred horses and quarter horses at any place, track, or	66925
enclosure except between the hours of twelve noon and seven p.m.,	66926
for running horse-racing meetings, except that on special events	66927
days running horse-racing meetings may begin at nine a.m. by	66928
application to the state racing commission and except that the	66929
seven p.m. time may be extended to eight p.m. on a Sunday or	66930
holiday by application to the commission, and no permit shall be	66931
issued under those sections authorizing the conduct of a live	66932
racing program for harness horses at any place, track, or	66933
enclosure except between the hours of twelve noon and twelve	66934
midnight for light harness horse-racing meetings. The seven p.m.	66935
and eight p.m. closing times described in this section shall upon	66936
application to the commission be extended to ~~nine~~eleven p.m. for	66937
any running horse-racing meeting conducted between the fifteenth	66938
day of May and the fifteenth day of September at a track that is	66939
located more than twenty-five miles from a track located in this	66940
state where a light harness horse-racing meeting, other than a	66941
light harness horse-racing meeting at a county fair or independent	66942
fair, is being conducted and that is located less than twenty-five	66943
miles from a track located outside this state. A permit issued for	66944
horse racing at a county fair shall authorize live horse racing to	66945
begin at nine a.m.	66946

No permit shall be granted for the holding or conducting of a	66947
horse-racing meeting after the tenth day of December in any	66948
calendar year, except for racing at winterized tracks. "Winterized	66949
track" means a track with enclosed club house or grandstand,	66950
all-weather racing track, heated facilities for jockeys or	66951
drivers, backstretch facilities that are properly prepared for	66952
winter racing, and adequate snow removal equipment available.	66953

No permit shall be issued for more than an aggregate of	66954
fifty-six racing days in any one calendar year, except that an	66955
additional five days of racing may be approved by the commission	66956
upon application by a permit holder and except that an additional	66957
thirty days of racing may be granted for racing at any time after	66958
the fifteenth day of October and prior to the fifteenth day of	66959
March to a permit holder who has a winterized facility, but no	66960
more than thirty such additional days may be issued at any one	66961
track or enclosure. No more than an aggregate of fifty-six racing	66962
days shall be issued in any one calendar year for any one race	66963
track, place, or enclosure, except for the additional five days of	66964
racing for each permit holder which may be approved by the	66965
commission pursuant to this section, except as provided in	66966
sections 3769.071 and 3769.13 of the Revised Code, except for	66967
racing days granted as a result of a winterized facility, and	66968
except that the commission may issue a second permit for a maximum	66969
of fifty-six racing days for any one track, place, or enclosure,	66970
if the commission determines that the issuance of such second	66971
permit is not against the public interest. No such second permit	66972
shall be issued:	66973

(A) For the operation of racing in any county with a	66974
population of less than seven hundred thousand or for the	66975
operation of racing in any county which has more than one race	66976
track at which a racing meet has been authorized, except as	66977
provided in this division and in sections 3769.071 and 3769.13 of	66978
the Revised Code, in the same year by the commission. A second	66979
permit issued pursuant to this division may be issued at either or	66980
both race tracks in a county that has only two race tracks if a	66981
racing meet has been authorized at both race tracks in the same	66982
year by the commission and one race track has been authorized to	66983
conduct thoroughbred racing meets and the other race track has	66984
been authorized to conduct harness racing meets. When such second	66985
permit is issued pursuant to this division for racing at the one	66986
race track, racing shall not be conducted at that race track on	66987
the same day that racing is conducted at the other race track in	66988
the county except by mutual agreement of the two race tracks.	66989

(B) To any corporation having one or more shareholders owning	66990
an interest in any other permit issued by the commission for the	66991
operation of racing, in the same year, at any other race track,	66992
place, or enclosure in this state;	66993

(C) To any person, association, or trust which owns, or which	66994
has any members owning, an interest in any other permit issued by	66995
the commission for the operation of racing, in the same year, at	66996
any other race track, place, or enclosure in this state.	66997

No permit shall be issued so as to permit live racing	66998
programs on the same hour at more than one track in one county or	66999
on tracks in operation in 1975 within fifty miles of each other,	67000
nor shall any other form of pari-mutuel wagering other than horse	67001
racing be permitted within seventy-five miles of a track where	67002
horse racing is being conducted, except that this provision shall	67003
not apply to a horse-racing meeting held at the state fair or at a	67004
fair conducted by a county agricultural society or at a fair	67005
conducted by an independent agricultural society. Distribution of	67006
days shall not apply to fairs or horse shows not required to	67007
secure a permit under such section. Notwithstanding any other	67008
provision of this chapter, a person, association, trust, or	67009
corporation may own or operate two separate facilities in this	67010
state that are conducting horse-racing meetings.	67011

A permit, granted under sections 3769.01 to 3769.14 of the	67012
Revised Code, shall be conspicuously displayed during the	67013
horse-racing meeting in the principal office at such race track	67014
and at all reasonable times shall be exhibited to any authorized	67015
person requesting to see the same.	67016

Sec. 3769.08. (A) Any person holding a permit to conduct a	67017
horse-racing meeting may provide a place in the race meeting	67018
grounds or enclosure at which the permit holder may conduct and	67019
supervise the pari-mutuel system of wagering by patrons of legal	67020
age on the live racing programs and simulcast racing programs	67021
conducted by the permit holder.	67022

The pari-mutuel method of wagering upon the live racing	67023
programs and simulcast racing programs held at or conducted within	67024
such race track, and at the time of such horse-racing meeting, or	67025
at other times authorized by the state racing commission, shall	67026
not be unlawful. No other place, except that provided and	67027
designated by the permit holder and except as provided in section	67028
3769.26 of the Revised Code, nor any other method or system of	67029
betting or wagering, except the pari-mutuel system, shall be used	67030
or permitted by the permit holder; nor, except as provided in	67031
section 3769.089 or 3769.26 of the Revised Code, shall the	67032
pari-mutuel system of wagering be conducted by the permit holder	67033
on any races except the races at the race track, grounds, or	67034
enclosure for which the person holds a permit. Each permit holder	67035
may retain as a commission an amount not to exceed eighteen per	67036
cent of the total of all moneys wagered.	67037

The pari-mutuel wagering authorized by this section is	67038
subject to sections 3769.25 to 3769.28 of the Revised Code.	67039

(B) At the close of each racing day, each permit holder	67040
authorized to conduct thoroughbred racing, out of the amount	67041
retained on that day by the permit holder, shall pay by check,	67042
draft, or money order to the tax commissioner, as a tax, a sum	67043
equal to the following percentages of the total of all moneys	67044
wagered on live racing programs on that day and shall separately	67045
compute and pay by check, draft, or money order to the tax	67046
commissioner, as a tax, a sum equal to the following percentages	67047
of the total of all money wagered on simulcast racing programs on	67048
that day:	67049

(1) One per cent of the first two hundred thousand dollars	67050
wagered, or any part of that amount;	67051

(2) Two per cent of the next one hundred thousand dollars	67052
wagered, or any part of that amount;	67053

(3) Three per cent of the next one hundred thousand dollars	67054
wagered, or any part of that amount;	67055

(4) Four per cent of all sums over four hundred thousand	67056
dollars wagered.	67057

Except as otherwise provided in section 3769.089 of the	67058
Revised Code, each permit holder authorized to conduct	67059
thoroughbred racing shall use for purse money a sum equal to fifty	67060
per cent of the pari-mutuel revenues retained by the permit holder	67061
as a commission after payment of the state tax. This fifty per	67062
cent payment shall be in addition to the purse distribution from	67063
breakage specified in this section.	67064

Subject to division (M) of this section, from the moneys paid	67065
to the tax commissioner by thoroughbred racing permit holders,	67066
one-half of one per cent of the total of all moneys so wagered on	67067
a racing day shall be paid into the Ohio fairs fund created by	67068
section 3769.082 of the Revised Code, one and one-eighth per cent	67069
of the total of all moneys so wagered on a racing day shall be	67070
paid into the Ohio thoroughbred race fund created by section	67071
3769.083 of the Revised Code, and one-quarter of one per cent of	67072
the total of all moneys wagered on a racing day by each permit	67073
holder shall be paid into the state racing commission operating	67074
fund created by section 3769.03 of the Revised Code. The required	67075
payment to the state racing commission operating fund does not	67076
apply to county and independent fairs and agricultural societies.	67077
The remaining moneys may be retained by the permit holder, except	67078
as provided in this section with respect to the odd cents	67079
redistribution. Amounts paid into the ~~PASSPORT~~nursing home	67080
franchise permit fee fund pursuant to this section and section	67081
3769.26 of the Revised Code shall be used solely for the support	67082
of the PASSPORT program as determined in appropriations made by	67083
the general assembly. If the PASSPORT program is abolished, the	67084
amount that would have been paid to the ~~PASSPORT~~nursing home	67085
franchise permit fee fund under this chapter shall be paid to the	67086
general revenue fund of the state. As used in this chapter,	67087
"PASSPORT program" means the PASSPORT program created under	67088
section 173.40 of the Revised Code.	67089

The total amount paid to the Ohio thoroughbred race fund	67090
under this section and division (A) of section 3769.087 of the	67091
Revised Code shall not exceed by more than six per cent the total	67092
amount paid to this fund under this section and that section	67093
during the immediately preceding calendar year.	67094

Each year, the total amount calculated for payment into the	67095
Ohio fairs fund under this division, division (C) of this section,	67096
and division (A) of section 3769.087 of the Revised Code shall be	67097
an amount calculated using the percentages specified in this	67098
division, division (C) of this section, and division (A) of	67099
section 3769.087 of the Revised Code.	67100

A permit holder may contract with a thoroughbred horsemen's	67101
organization for the organization to act as a representative of	67102
all thoroughbred owners and trainers participating in a	67103
horse-racing meeting conducted by the permit holder. A	67104
"thoroughbred horsemen's organization" is any corporation or	67105
association that represents, through membership or otherwise, more	67106
than one-half of the aggregate of all thoroughbred owners and	67107
trainers who were licensed and actively participated in racing	67108
within this state during the preceding calendar year. Except as	67109
otherwise provided in this paragraph, any moneys received by a	67110
thoroughbred horsemen's organization shall be used exclusively for	67111
the benefit of thoroughbred owners and trainers racing in this	67112
state through the administrative purposes of the organization,	67113
benevolent activities on behalf of the horsemen, promotion of the	67114
horsemen's rights and interests, and promotion of equine research.	67115
A thoroughbred horsemen's organization may expend not more than an	67116
aggregate of five per cent of its annual gross receipts, or a	67117
larger amount as approved by the organization, for dues,	67118
assessments, and other payments to all other local, national, or	67119
international organizations having as their primary purposes the	67120
promotion of thoroughbred horse racing, thoroughbred horsemen's	67121
rights, and equine research.	67122

(C) Except as otherwise provided in division (B) of this	67123
section, at the close of each racing day, each permit holder	67124
authorized to conduct harness or quarter horse racing, out of the	67125
amount retained that day by the permit holder, shall pay by check,	67126
draft, or money order to the tax commissioner, as a tax, a sum	67127
equal to the following percentages of the total of all moneys	67128
wagered on live racing programs and shall separately compute and	67129
pay by check, draft, or money order to the tax commissioner, as a	67130
tax, a sum equal to the following percentages of the total of all	67131
money wagered on simulcast racing programs on that day:	67132

(1) One per cent of the first two hundred thousand dollars	67133
wagered, or any part of that amount;	67134

(2) Two per cent of the next one hundred thousand dollars	67135
wagered, or any part of that amount;	67136

(3) Three per cent of the next one hundred thousand dollars	67137
wagered, or any part of that amount;	67138

(4) Four per cent of all sums over four hundred thousand	67139
dollars wagered.	67140

Except as otherwise provided in division (B) and subject to	67141
division (M) of this section, from the moneys paid to the tax	67142
commissioner by permit holders authorized to conduct harness or	67143
quarter horse racing, one-half of one per cent of all moneys	67144
wagered on that racing day shall be paid into the Ohio fairs fund;	67145
from the moneys paid to the tax commissioner by permit holders	67146
authorized to conduct harness racing, five-eighths of one per cent	67147
of all moneys wagered on that racing day shall be paid into the	67148
Ohio standardbred development fund; and from the moneys paid to	67149
the tax commissioner by permit holders authorized to conduct	67150
quarter horse racing, five-eighths of one per cent of all moneys	67151
wagered on that racing day shall be paid into the Ohio quarter	67152
horse development fund.	67153

(D) In addition, subject to division (M) of this section,	67154
beginning on January 1, 1996, from the money paid to the tax	67155
commissioner as a tax under this section and division (A) of	67156
section 3769.087 of the Revised Code by harness horse permit	67157
holders, one-half of one per cent of the amount wagered on a	67158
racing day shall be paid into the Ohio standardbred development	67159
fund. Beginning January 1, 1998, the payment to the Ohio	67160
standardbred development fund required under this division does	67161
not apply to county agricultural societies or independent	67162
agricultural societies.	67163

The total amount paid to the Ohio standardbred development	67164
fund under this division, division (C) of this section, and	67165
division (A) of section 3769.087 of the Revised Code and the total	67166
amount paid to the Ohio quarter horse development fund under this	67167
division and division (A) of that section shall not exceed by more	67168
than six per cent the total amount paid into the fund under this	67169
division, division (C) of this section, and division (A) of	67170
section 3769.087 of the Revised Code in the immediately preceding	67171
calendar year.	67172

(E) Subject to division (M) of this section, from the money	67173
paid as a tax under this chapter by harness and quarter horse	67174
permit holders, one-quarter of one per cent of the total of all	67175
moneys wagered on a racing day by each permit holder shall be paid	67176
into the state racing commission operating fund created by section	67177
3769.03 of the Revised Code. This division does not apply to	67178
county and independent fairs and agricultural societies.	67179

(F) Except as otherwise provided in section 3769.089 of the	67180
Revised Code, each permit holder authorized to conduct harness	67181
racing shall pay to the harness horsemen's purse pool a sum equal	67182
to fifty per cent of the pari-mutuel revenues retained by the	67183
permit holder as a commission after payment of the state tax. This	67184
fifty per cent payment is to be in addition to the purse	67185
distribution from breakage specified in this section.	67186

(G) In addition, each permit holder authorized to conduct	67187
harness racing shall be allowed to retain the odd cents of all	67188
redistribution to be made on all mutual contributions exceeding a	67189
sum equal to the next lowest multiple of ten.	67190

Forty per cent of that portion of that total sum of such odd	67191
cents shall be used by the permit holder for purse money for Ohio	67192
sired, bred, and owned colts, for purse money for Ohio bred	67193
horses, and for increased purse money for horse races. Upon the	67194
formation of the corporation described in section 3769.21 of the	67195
Revised Code to establish a harness horsemen's health and	67196
retirement fund, twenty-five per cent of that portion of that	67197
total sum of odd cents shall be paid at the close of each racing	67198
day by the permit holder to that corporation to establish and fund	67199
the health and retirement fund. Until that corporation is formed,	67200
that twenty-five per cent shall be paid at the close of each	67201
racing day by the permit holder to the tax commissioner or the tax	67202
commissioner's agent in the county seat of the county in which the	67203
permit holder operates race meetings. The remaining thirty-five	67204
per cent of that portion of that total sum of odd cents shall be	67205
retained by the permit holder.	67206

(H) In addition, each permit holder authorized to conduct	67207
thoroughbred racing shall be allowed to retain the odd cents of	67208
all redistribution to be made on all mutuel contributions	67209
exceeding a sum equal to the next lowest multiple of ten. Twenty	67210
per cent of that portion of that total sum of such odd cents shall	67211
be used by the permit holder for increased purse money for horse	67212
races. Upon the formation of the corporation described in section	67213
3769.21 of the Revised Code to establish a thoroughbred horsemen's	67214
health and retirement fund, forty-five per cent of that portion of	67215
that total sum of odd cents shall be paid at the close of each	67216
racing day by the permit holder to that corporation to establish	67217
and fund the health and retirement fund. Until that corporation is	67218
formed, that forty-five per cent shall be paid by the permit	67219
holder to the tax commissioner or the tax commissioner's agent in	67220
the county seat of the county in which the permit holder operates	67221
race meetings, at the close of each racing day. The remaining	67222
thirty-five per cent of that portion of that total sum of odd	67223
cents shall be retained by the permit holder.	67224

(I) In addition, each permit holder authorized to conduct	67225
quarter horse racing shall be allowed to retain the odd cents of	67226
all redistribution to be made on all mutuel contributions	67227
exceeding a sum equal to the next lowest multiple of ten, subject	67228
to a tax of twenty-five per cent on that portion of the total sum	67229
of such odd cents that is in excess of two thousand dollars during	67230
a calendar year, which tax shall be paid at the close of each	67231
racing day by the permit holder to the tax commissioner or the tax	67232
commissioner's agent in the county seat of the county within which	67233
the permit holder operates race meetings. Forty per cent of that	67234
portion of that total sum of such odd cents shall be used by the	67235
permit holder for increased purse money for horse races. The	67236
remaining thirty-five per cent of that portion of that total sum	67237
of odd cents shall be retained by the permit holder.	67238

(J)(1) To encourage the improvement of racing facilities for	67239
the benefit of the public, breeders, and horse owners, and to	67240
increase the revenue to the state from the increase in pari-mutuel	67241
wagering resulting from those improvements, the taxes paid by a	67242
permit holder to the state as provided for in this chapter shall	67243
be reduced by three-fourths of one per cent of the total amount	67244
wagered for those permit holders who make capital improvements to	67245
existing race tracks or construct new race tracks. The percentage	67246
of the reduction that may be taken each racing day shall equal	67247
seventy-five per cent of the taxes levied under divisions (B) and	67248
(C) of this section and section 3769.087 of the Revised Code, and	67249
division (F)(2) of section 3769.26 of the Revised Code, as	67250
applicable, divided by the calculated amount each fund should	67251
receive under divisions (B) and (C) of this section and section	67252
3769.087 of the Revised Code, and division (F)(2) of section	67253
3769.26 of the Revised Code and the reduction provided for in this	67254
division. If the resulting percentage is less than one, that	67255
percentage shall be multiplied by the amount of the reduction	67256
provided for in this division. Otherwise, the permit holder shall	67257
receive the full reduction provided for in this division. The	67258
amount of the allowable reduction not received shall be carried	67259
forward and applied against future tax liability. After any	67260
reductions expire, any reduction carried forward shall be treated	67261
as a reduction as provided for in this division.	67262

If more than one permit holder is authorized to conduct	67263
racing at the facility that is being built or improved, the cost	67264
of the new race track or capital improvement shall be allocated	67265
between or among all the permit holders in the ratio that the	67266
permit holders' number of racing days bears to the total number of	67267
racing days conducted at the facility.	67268

A reduction for a new race track or a capital improvement	67269
shall start from the day racing is first conducted following the	67270
date actual construction of the new race track or each capital	67271
improvement is completed and the construction cost has been	67272
approved by the racing commission, unless otherwise provided in	67273
this section. A reduction for a new race track or a capital	67274
improvement shall continue for a period of twenty-five years for	67275
new race tracks and for fifteen years for capital improvements if	67276
the construction of the capital improvement or new race track	67277
commenced prior to March 29, 1988, and for a period of ten years	67278
for new race tracks or capital improvements if the construction of	67279
the capital improvement or new race track commenced on or after	67280
March 29, 1988, but before ~~the effective date of this amendment~~	67281
June 6, 2001, or until the total tax reduction reaches seventy per	67282
cent of the approved cost of the new race track or capital	67283
improvement, as allocated to each permit holder, whichever occurs	67284
first. A reduction for a new race track or a capital improvement	67285
approved after ~~the effective date of this amendment~~June 6, 2001,	67286
shall continue until the total tax reduction reaches one hundred	67287
per cent of the approved cost of the new race track or capital	67288
improvement, as allocated to each permit holder.	67289

A reduction granted for a new race track or a capital	67290
improvement, the application for which was approved by the racing	67291
commission after March 29, 1988, but before ~~the effective date of~~	67292
~~this amendment~~June 6, 2001, shall not commence nor shall the	67293
ten-year period begin to run until all prior tax reductions with	67294
respect to the same race track have ended. The total tax reduction	67295
because of capital improvements shall not during any one year	67296
exceed for all permit holders using any one track three-fourths of	67297
one per cent of the total amount wagered, regardless of the number	67298
of capital improvements made. Several capital improvements to a	67299
race track may be consolidated in an application if the racing	67300
commission approved the application prior to March 29, 1988. No	67301
permit holder may receive a tax reduction for a capital	67302
improvement approved by the racing commission on or after March	67303
29, 1988, at a race track until all tax reductions have ended for	67304
all prior capital improvements approved by the racing commission	67305
under this section or section 3769.20 of the Revised Code at that	67306
race track. If there are two or more permit holders operating	67307
meetings at the same track, they may consolidate their	67308
applications. The racing commission shall notify the tax	67309
commissioner when the reduction of tax begins and when it ends.	67310

Each fiscal year the racing commission shall submit a report	67311
to the tax commissioner, the office of budget and management, and	67312
the legislative service commission. The report shall identify each	67313
capital improvement project undertaken under this division and in	67314
progress at each race track, indicate the total cost of each	67315
project, state the tax reduction that resulted from each project	67316
during the immediately preceding fiscal year, estimate the tax	67317
reduction that will result from each project during the current	67318
fiscal year, state the total tax reduction that resulted from all	67319
such projects at all race tracks during the immediately preceding	67320
fiscal year, and estimate the total tax reduction that will result	67321
from all such projects at all race tracks during the current	67322
fiscal year.	67323

(2) In order to qualify for the reduction in tax, a permit	67324
holder shall apply to the racing commission in such form as the	67325
commission may require and shall provide full details of the new	67326
race track or capital improvement, including a schedule for its	67327
construction and completion, and set forth the costs and expenses	67328
incurred in connection with it. The racing commission shall not	67329
approve an application unless the permit holder shows that a	67330
contract for the new race track or capital improvement has been	67331
let under an unrestricted competitive bidding procedure, unless	67332
the contract is exempted by the controlling board because of its	67333
unusual nature. In determining whether to approve an application,	67334
the racing commission shall consider whether the new race track or	67335
capital improvement will promote the safety, convenience, and	67336
comfort of the racing public and horse owners and generally tend	67337
towards the improvement of racing in this state.	67338

(3) If a new race track or capital improvement is approved by	67339
the racing commission and construction has started, the tax	67340
reduction may be authorized by the commission upon presentation of	67341
copies of paid bills in excess of one hundred thousand dollars or	67342
ten per cent of the approved cost, whichever is greater. After the	67343
initial authorization, the permit holder shall present copies of	67344
paid bills. If the permit holder is in substantial compliance with	67345
the schedule for construction and completion of the new race track	67346
or capital improvement, the racing commission may authorize the	67347
continuation of the tax reduction upon the presentation of the	67348
additional paid bills. The total amount of the tax reduction	67349
authorized shall not exceed the percentage of the approved cost of	67350
the new race track or capital improvement specified in division	67351
(J)(1) of this section. The racing commission may terminate any	67352
tax reduction immediately if a permit holder fails to complete the	67353
new race track or capital improvement, or to substantially comply	67354
with the schedule for construction and completion of the new race	67355
track or capital improvement. If a permit holder fails to complete	67356
a new race track or capital improvement, the racing commission	67357
shall order the permit holder to repay to the state the total	67358
amount of tax reduced. The normal tax paid by the permit holder	67359
shall be increased by three-fourths of one per cent of the total	67360
amount wagered until the total amount of the additional tax	67361
collected equals the total amount of tax reduced.	67362

(4) As used in this section:

67363

(a) "Capital improvement" means an addition, replacement, or	67364
remodeling of a structural unit of a race track facility costing	67365
at least one hundred thousand dollars, including, but not limited	67366
to, the construction of barns used exclusively for the race track	67367
facility, backstretch facilities for horsemen, paddock facilities,	67368
new pari-mutuel and totalizator equipment and appurtenances to	67369
that equipment purchased by the track, new access roads, new	67370
parking areas, the complete reconstruction, reshaping, and	67371
leveling of the racing surface and appurtenances, the installation	67372
of permanent new heating or air conditioning, roof replacement or	67373
restoration, installations of a permanent nature forming a part of	67374
the track structure, and construction of buildings that are	67375
located on a permit holder's premises. "Capital improvement" does	67376
not include the cost of replacement of equipment that is not	67377
permanently installed, ordinary repairs, painting, and maintenance	67378
required to keep a race track facility in ordinary operating	67379
condition.	67380

(b) "New race track" includes the reconstruction of a race	67381
track damaged by fire or other cause that has been declared by the	67382
racing commission, as a result of the damage, to be an inadequate	67383
facility for the safe operation of horse racing.	67384

(c) "Approved cost" includes all debt service and interest	67385
costs that are associated with a capital improvement or new race	67386
track and that the racing commission approves for a tax reduction	67387
under division (J) of this section.	67388

(5) The racing commission shall not approve an application	67389
for a tax reduction under this section if it has reasonable cause	67390
to believe that the actions or negligence of the permit holder	67391
substantially contributed to the damage suffered by the track due	67392
to fire or other cause. The racing commission shall obtain any	67393
data or information available from a fire marshal, law enforcement	67394
official, or insurance company concerning any fire or other damage	67395
suffered by a track, prior to approving an application for a tax	67396
reduction.	67397

(6) The approved cost to which a tax reduction applies shall	67398
be determined by generally accepted accounting principles and	67399
verified by an audit of the permit holder's records upon	67400
completion of the project by the racing commission, or by an	67401
independent certified public accountant selected by the permit	67402
holder and approved by the commission.	67403

(K) No other license or excise tax or fee, except as provided	67404
in sections 3769.01 to 3769.14 of the Revised Code, shall be	67405
assessed or collected from such licensee by any county, township,	67406
district, municipal corporation, or other body having power to	67407
assess or collect a tax or fee. That portion of the tax paid under	67408
this section by permit holders for racing conducted at and during	67409
the course of an agricultural exposition or fair, and that portion	67410
of the tax that would have been paid by eligible permit holders	67411
into the ~~PASSPORT~~nursing home franchise permit fee fund as a	67412
result of racing conducted at and during the course of an	67413
agricultural exposition or fair, shall be deposited into the state	67414
treasury to the credit of the horse racing tax fund, which is	67415
hereby created for the use of the agricultural societies of the	67416
several counties in which the taxes originate. The state racing	67417
commission shall determine eligible permit holders for purposes of	67418
the preceding sentence, taking into account the breed of horse,	67419
the racing dates, the geographic proximity to the fair, and the	67420
best interests of Ohio racing. On the first day of any month on	67421
which there is money in the fund, the tax commissioner shall	67422
provide for payment to the treasurer of each agricultural society	67423
the amount of the taxes collected under this section upon racing	67424
conducted at and during the course of any exposition or fair	67425
conducted by the society.	67426

(L) From the tax paid under this section by harness track	67427
permit holders, the tax commissioner shall pay into the Ohio	67428
thoroughbred race fund a sum equal to a percentage of the amount	67429
wagered upon which the tax is paid. The percentage shall be	67430
determined by the tax commissioner and shall be rounded to the	67431
nearest one-hundredth. The percentage shall be such that, when	67432
multiplied by the amount wagered upon which tax was paid by the	67433
harness track permit holders in the most recent year for which	67434
final figures are available, it results in a sum that	67435
substantially equals the same amount of tax paid by the tax	67436
commissioner during that year into the Ohio fairs fund from taxes	67437
paid by thoroughbred permit holders. This division does not apply	67438
to county and independent fairs and agricultural societies.	67439

(M) Twenty-five per cent of the taxes levied on thoroughbred	67440
racing permit holders, harness racing permit holders, and quarter	67441
horse racing permit holders under this section, division (A) of	67442
section 3769.087 of the Revised Code, and division (F)(2) of	67443
section 3769.26 of the Revised Code shall be paid into the	67444
~~PASSPORT~~nursing home franchise permit fee fund. The tax	67445
commissioner shall pay any money remaining, after the payment into	67446
the ~~PASSPORT~~nursing home franchise permit fee fund and the	67447
reductions provided for in division (J) of this section and in	67448
section 3769.20 of the Revised Code, into the Ohio fairs fund,	67449
Ohio thoroughbred race fund, Ohio standardbred development fund,	67450
Ohio quarter horse fund, and state racing commission operating	67451
fund as prescribed in this section and division (A) of section	67452
3769.087 of the Revised Code. The tax commissioner shall	67453
thereafter use and apply the balance of the money paid as a tax by	67454
any permit holder to cover any shortage in the accounts of such	67455
funds resulting from an insufficient payment as a tax by any other	67456
permit holder. The moneys received by the tax commissioner shall	67457
be deposited weekly and paid by the tax commissioner into the	67458
funds to cover the total aggregate amount due from all permit	67459
holders to the funds, as calculated under this section and	67460
division (A) of section 3769.087 of the Revised Code, as	67461
applicable. If, after the payment into the ~~PASSPORT~~nursing home	67462
franchise permit fee fund, sufficient funds are not available from	67463
the tax deposited by the tax commissioner to pay the required	67464
amounts into the Ohio fairs fund, Ohio standardbred development	67465
fund, Ohio thoroughbred race fund, Ohio quarter horse fund, and	67466
the state racing commission operating fund, the tax commissioner	67467
shall prorate on a proportional basis the amount paid to each of	67468
the funds. Any shortage to the funds as a result of a proration	67469
shall be applied against future deposits for the same calendar	67470
year when funds are available. After this application, the tax	67471
commissioner shall pay any remaining money paid as a tax by all	67472
permit holders into the ~~PASSPORT~~nursing home franchise permit fee	67473
fund. This division does not apply to permit holders conducting	67474
racing at the course of an agricultural exposition or fair as	67475
described in division (K) of this section.	67476

Sec. 3769.20. (A) To encourage the renovation of existing	67477
racing facilities for the benefit of the public, breeders, and	67478
horse owners and to increase the revenue to the state from the	67479
increase in pari-mutuel wagering resulting from such improvement,	67480
the taxes paid by a permit holder to the state, in excess of the	67481
amount paid into the ~~PASSPORT~~nursing home franchise permit fee	67482
fund, shall be reduced by one per cent of the total amount wagered	67483
for those permit holders who carry out a major capital improvement	67484
project. The percentage of the reduction that may be taken each	67485
racing day shall equal seventy-five per cent of the amount of the	67486
taxes levied under divisions (B) and (C) of section 3769.08,	67487
section 3769.087, and division (F)(2) of section 3769.26 of the	67488
Revised Code, as applicable, divided by the calculated amount each	67489
fund should receive under divisions (B) and (C) of section	67490
3769.08, section 3769.087, and division (F)(2) of section 3769.26	67491
of the Revised Code and the reduction provided for in this	67492
section. If the resulting percentage is less than one, that	67493
percentage shall be multiplied by the amount of the reduction	67494
provided for in this section. Otherwise, the permit holder shall	67495
receive the full reduction provided for in this section. The	67496
amount of the allowable reduction not received shall be carried	67497
forward and added to any other reduction balance and applied	67498
against future tax liability. After any reductions expire, any	67499
reduction carried forward shall be treated as a reduction as	67500
provided for in this section. If the amount of allowable reduction	67501
exceeds the amount of taxes derived from a permit holder, the	67502
amount of the allowable reduction not used may be carried forward	67503
and applied against future tax liability.	67504

If more than one permit holder is authorized to conduct	67505
racing at the facility that is being improved, the cost of the	67506
major capital improvement project shall be allocated between or	67507
among all the permit holders in the ratio that each permit	67508
holder's number of racing days bears to the total number of racing	67509
days conducted at the facility.	67510

A reduction for a major capital improvement project shall	67511
start from the day racing is first conducted following the date on	67512
which the major capital improvement project is completed and the	67513
construction cost has been approved by the state racing	67514
commission, except as otherwise provided in division (E) of this	67515
section, and shall continue until the total tax reduction equals	67516
the cost of the major capital improvement project plus debt	67517
service applicable to the project. In no event, however, shall any	67518
tax reduction, excluding any reduction balances, be permitted	67519
under this section after December 31, ~~2014~~2017. The total tax	67520
reduction because of the major capital improvement project shall	67521
not during any one year exceed for all permit holders using any	67522
one track one per cent of the total amount wagered. The racing	67523
commission shall notify the tax commissioner when the reduction of	67524
tax begins and when it ends.	67525

(B) Each fiscal year, the racing commission shall submit a	67526
report to the tax commissioner, the office of budget and	67527
management, and the legislative service commission. The report	67528
shall identify each capital improvement project undertaken under	67529
this section and in progress at each race track, indicate the	67530
total cost of each project, state the tax reduction that resulted	67531
from each project during the immediately preceding fiscal year,	67532
estimate the tax reduction that will result from each project	67533
during the current fiscal year, state the total tax reduction that	67534
resulted from all such projects at all race tracks during the	67535
immediately preceding fiscal year, and estimate the total tax	67536
reduction that will result from all such projects at all race	67537
tracks during the current fiscal year.	67538

(C) The tax reduction granted pursuant to this section shall	67539
be in addition to any tax reductions for capital improvements and	67540
new race tracks provided for in section 3769.08 of the Revised	67541
Code and approved by the racing commission.	67542

(D) In order to qualify for the reduction in tax, a permit	67543
holder shall apply to the racing commission in such form as the	67544
commission may require and shall provide full details of the major	67545
capital improvement project, including plans and specifications, a	67546
schedule for the project's construction and completion, and a	67547
breakdown of proposed costs. In addition, the permit holder shall	67548
have commenced construction of the major capital improvement	67549
project or shall have had the application for the project approved	67550
by the racing commission prior to March 29, 1988. The racing	67551
commission shall not approve an application unless the permit	67552
holder shows that a contract for the major capital improvement	67553
project has been let under an unrestricted competitive bidding	67554
procedure, unless the contract is exempted by the controlling	67555
board because of its unusual nature. In determining whether to	67556
approve an application, the racing commission shall consider	67557
whether the major capital improvement project will promote the	67558
safety, convenience, and comfort of the racing public and horse	67559
owners and generally tend toward the improvement of racing in this	67560
state.	67561

(E) If the major capital improvement project is approved by	67562
the racing commission and construction has started, the tax	67563
reduction may be authorized by the commission upon presentation of	67564
copies of paid bills in excess of five hundred thousand dollars.	67565
After the initial authorization, the permit holder shall present	67566
copies of paid bills in the amount of not less than five hundred	67567
thousand dollars. If the permit holder is in substantial	67568
compliance with the schedule for construction and completion of	67569
the major capital improvement project, the racing commission may	67570
authorize the continuance of the tax reduction upon the	67571
presentation of the additional paid bills in increments of five	67572
hundred thousand dollars. The racing commission may terminate the	67573
tax reduction if a permit holder fails to complete the major	67574
capital improvement project or fails to comply substantially with	67575
the schedule for construction and completion of the major capital	67576
improvement project. If the time for completion of the major	67577
capital improvement project is delayed by acts of God, strikes, or	67578
the unavailability of labor or materials, the time for completion	67579
as set forth in the schedule shall be extended by the period of	67580
the delay. If a permit holder fails to complete the major capital	67581
improvement project, the racing commission shall order the permit	67582
holder to repay to the state the total amount of tax reduced,	67583
unless the permit holder has spent at least six million dollars on	67584
the project. The normal tax paid by the permit holder under	67585
section 3769.08 of the Revised Code shall be increased by one per	67586
cent of the total amount wagered until the total amount of the	67587
additional tax collected equals the total amount of tax reduced.	67588
Any action taken by the racing commission pursuant to this section	67589
in terminating the tax adjustment or requiring repayment of the	67590
amount of tax reduced shall be subject to Chapter 119. of the	67591
Revised Code.	67592

(F) As used in this section, "major capital improvement	67593
project" means the renovation, reconstruction, or remodeling,	67594
costing at least six million dollars, of a race track facility,	67595
including, but not limited to, the construction of barns used	67596
exclusively for that race track facility, backstretch facilities	67597
for horsemen, paddock facilities, pari-mutuel and totalizator	67598
equipment and appurtenances to that equipment purchased by the	67599
track, new access roads, new parking areas, the complete	67600
reconstruction, reshaping, and leveling of the racing surface and	67601
appurtenances, grandstand enclosure, installation of permanent new	67602
heating or air conditioning, roof replacement, and installations	67603
of a permanent nature forming a part of the track structure.	67604

(G) The cost and expenses to which the tax reduction granted	67605
under this section applies shall be determined by generally	67606
accepted accounting principles and be verified by an audit of the	67607
permit holder's records, upon completion of the major capital	67608
improvement project, either by the racing commission or by an	67609
independent certified public accountant selected by the permit	67610
holder and approved by the commission.	67611

(H) This section and section 3769.201 of the Revised Code	67612
govern any tax reduction granted to a permit holder for the cost	67613
to the permit holder of any cleanup, repair, or improvement	67614
required as a result of damage caused by the 1997 Ohio river flood	67615
to the place, track, or enclosure for which the permit is issued.	67616

Sec. 3769.26. (A)(1) Except as otherwise provided in	67617
division (B) of this section, each track in existence on September	67618
27, 1994, regardless of the number of permit holders authorized to	67619
conduct race meetings at the track, may establish, with the	67620
approval of the state racing commission and the appropriate local	67621
legislative authority, not more than two satellite facilities at	67622
which it may conduct pari-mutuel wagering on horse races conducted	67623
either inside or outside this state and simulcast by a simulcast	67624
host to the satellite facilities.	67625

(2) Prior to a track's establishing satellite facilities	67626
under this section, the permit holders at that track shall agree	67627
among themselves regarding their respective rights and obligations	67628
with respect to those satellite facilities.	67629

(3)(a) Any track that desires to establish a satellite	67630
facility shall provide written notification of its intent to the	67631
state racing commission and to the appropriate local legislative	67632
authority that is required to approve the satellite facility,	67633
together with detailed plans and specifications for the satellite	67634
facility. The commission shall deliver copies of this notification	67635
to all other tracks in this state, and the commission shall,	67636
within forty-five days after receiving the notification, hold a	67637
hearing on the track's intent to establish a satellite facility.	67638
At this hearing the commission shall consider the evidence	67639
presented and determine whether the request for establishment of a	67640
satellite facility shall be approved.	67641

The commission shall not approve a track's request to	67642
establish a satellite facility if the owner of the premises where	67643
the satellite facility is proposed to be located or if the	67644
proposed operator of the satellite facility has been convicted of	67645
or has pleaded guilty to a gambling offense that is a felony or	67646
any other felony under the laws of this state, any other state, or	67647
the United States that the commission determines to be related to	67648
fitness to be the owner of such a premises or to be the operator	67649
of a satellite facility. As used in division (A)(3)(a) of this	67650
section, "gambling offense" has the same meaning as in section	67651
2915.01 of the Revised Code and "operator" means the individual	67652
who is responsible for the day-to-day operations of a satellite	67653
facility. The commission shall conduct a background investigation	67654
on each person who is the owner of a premises where a satellite	67655
facility is proposed to be located or who is proposed to be the	67656
operator or an employee of a satellite facility. The commission	67657
shall adopt rules in accordance with Chapter 119. of the Revised	67658
Code that specify the specific information the commission shall	67659
collect in conducting such a background investigation.	67660

No track shall knowingly contract with a person as the owner	67661
of the premises where a satellite facility is located, or	67662
knowingly employ a person as the operator or an employee of a	67663
satellite facility, who has been convicted of or pleaded guilty to	67664
a gambling offense that is a felony or any other felony under the	67665
laws of this state, any other state, or the United States that the	67666
commission determines to be related to fitness to be the owner of	67667
such a premises or to be the operator or an employee of a	67668
satellite facility. The commission may impose a fine in an amount	67669
not to exceed ten thousand dollars on any track that violates any	67670
of these prohibitions.	67671

(b) Each track that receives the notification described in	67672
division (A)(3)(a) of this section shall notify the commission and	67673
the track that desires to establish the satellite facility, within	67674
thirty days after receiving the notification from the commission,	67675
indicating whether or not it desires to participate in the joint	67676
ownership of the facility. Ownership shall be distributed equally	67677
among the tracks that choose to participate in the joint ownership	67678
of the facility unless the participating tracks agree to and	67679
contract otherwise. Tracks that fail to respond to the commission	67680
and the track that desires to establish the satellite facility	67681
within this thirty-day period regarding the ownership of the	67682
particular satellite facility are not eligible to participate in	67683
its ownership.	67684

(B) If, within three years after September 27, 1994, a track	67685
in existence on September 27, 1994, does not establish both of the	67686
satellite facilities it is authorized to establish under division	67687
(A) of this section, another track, with the approval of the	67688
racing commission, may establish in accordance with this section a	67689
number of additional satellite facilities that does not exceed the	67690
number of satellite facilities that the first track did not	67691
establish. However, no more than fourteen satellite facilities may	67692
be established in this state.	67693

(C) Except as otherwise provided in this division, each	67694
permit holder in this state shall allow the races that it	67695
conducts, and the races conducted outside this state that it	67696
receives as a simulcast host, to be simulcast to all satellite	67697
facilities operating in this state and shall take all action	67698
necessary to supply its simulcast and wagering information to	67699
these satellite facilities. A permit holder at a track where the	67700
average daily amount wagered for all race meetings during calendar	67701
year 1990 did not exceed two hundred fifty thousand dollars may	67702
elect not to simulcast its races to the satellite facilities. If a	67703
permit holder at such a track chooses to simulcast its races to	67704
satellite facilities, it shall allow its races to be simulcast to	67705
all satellite facilities operating in this state. Except as	67706
otherwise provided in this division, each satellite facility shall	67707
receive simulcasts of and conduct pari-mutuel wagering on all live	67708
racing programs being conducted at any track in this state and on	67709
all agreed simulcast racing programs, as provided in division (D)	67710
of section 3769.089 of the Revised Code, conducted in other states	67711
that are received by simulcast in this state, without regard to	67712
the breed of horse competing in the race or the time of day of the	67713
race.	67714

No satellite facility may receive simulcasts of horse races	67715
during the same hours that a county fair or independent fair	67716
located within the same county as the satellite facility is	67717
conducting pari-mutuel wagering on horse races at that county or	67718
independent fair.	67719

Except as otherwise provided in this division, the commission	67720
shall not approve the establishment of a satellite facility within	67721
a radius of fifty miles of any track. The commission may approve	67722
the establishment of a satellite facility at a location within a	67723
radius of at least thirty-five but not more than fifty miles from	67724
one or more tracks if all of the holders of permits issued for	67725
those tracks consent in writing to the establishment of the	67726
satellite facility. The commission may approve the establishment	67727
of a satellite facility at a location within a radius of	67728
thirty-five miles of more than one race track if all holders of	67729
permits issued for those tracks consent in writing to the	67730
establishment of the satellite facility and, if the tracks are	67731
located completely within one county and the proposed satellite	67732
facility will be located within that county, if both the	67733
legislative authority of the municipal corporation in that county	67734
with the largest population, and the appropriate legislative	67735
authority that is required to approve the satellite facility under	67736
division (A)(1) of this section, approve the establishment of the	67737
new satellite facility. The commission may approve the	67738
establishment of a satellite facility at a location within a	67739
radius of less than twenty miles from an existing satellite	67740
facility if the owner of the existing satellite facility consents	67741
in writing to the establishment of the new satellite facility.	67742

A satellite facility shall not receive simulcasts of horse	67743
races conducted outside this state on any day when no simulcast	67744
host is operating.	67745

(D) Each simulcast host is responsible for paying all costs	67746
associated with the up-link for simulcasts. Each satellite	67747
facility is responsible for paying all costs associated with the	67748
reception of simulcasts and the operation of the satellite	67749
facility.	67750

(E) All money wagered at the simulcast host, and all money	67751
wagered at all satellite facilities on races simulcast from the	67752
simulcast host, shall be included in a common pari-mutuel pool at	67753
the simulcast host. Except as otherwise provided in division	67754
(F)(6) of this section, the payment shall be the same for all	67755
winning tickets whether a wager is placed at a simulcast host or a	67756
satellite facility. Wagers placed at a satellite facility shall	67757
conform in denomination, character, terms, conditions, and in all	67758
other respects to wagers placed at the simulcast host for the same	67759
race.	67760

(F)(1) As used in division (F) of this section, "effective	67761
rate" means the effective gross tax percentage applicable at the	67762
simulcast host, determined in accordance with sections 3769.08 and	67763
3769.087 of the Revised Code, after combining the money wagered at	67764
the simulcast host with the money wagered at satellite facilities	67765
on races simulcast from the host track.	67766

(2) For the purposes of calculating the amount of taxes to be	67767
paid and the amount of commissions to be retained by permit	67768
holders, fifty per cent of the amount wagered at satellite	67769
facilities on a live racing program simulcast from a simulcast	67770
host shall be allocated to the permit holder's live race wagering	67771
at that simulcast host that conducts the live racing program, and	67772
fifty per cent of the amount wagered at satellite facilities on	67773
simulcast racing programs conducted outside this state shall be	67774
allocated to, and apportioned equally among, the permit holders	67775
acting as simulcast hosts for the out-of-state simulcast racing	67776
programs. The remainder of the amount wagered at a satellite	67777
facility on races simulcast from a simulcast host shall be	67778
allocated to the satellite facility. In computing the tax due on	67779
the amount allocated to the satellite facility, if there is more	67780
than one simulcast host for out-of-state simulcast racing	67781
programs, the effective rate applied by the satellite facility	67782
shall be the tax rate applicable to the simulcast host that pays	67783
the highest effective rate under section 3769.08 of the Revised	67784
Code on such simulcast racing programs.	67785

(3) The portion of the amount wagered that is allocated to a	67786
simulcast host under division (F)(2) of this section shall be	67787
treated, for the purposes of calculating the amount of taxes to be	67788
paid and commissions to be retained, as having been wagered at the	67789
simulcast host on a live racing program or on a simulcast racing	67790
program. The permit holder at the simulcast host shall pay, by	67791
check, draft, or money order to the state tax commissioner, as a	67792
tax, the tax specified in sections 3769.08 and 3769.087 of the	67793
Revised Code, as applicable, except that the tax shall be	67794
calculated using the effective rate, and the permit holder may	67795
retain as a commission the percentage of the amount wagered as	67796
specified in those sections. From the tax collected, the tax	67797
commissioner shall make distributions to the respective funds, and	67798
in the proper amounts, as required by sections 3769.08 and	67799
3769.087 of the Revised Code, as applicable.	67800

(4) From the portion of the amount wagered that is allocated	67801
to a satellite facility under division (F)(2) of this section, the	67802
satellite facility may retain as a commission the amount specified	67803
in section 3769.08 or 3769.087 of the Revised Code, as applicable.	67804
The portion of the amount wagered that is allocated to a satellite	67805
facility shall be subject to tax at the effective rate as follows:	67806

(a) One per cent of such amount allocated to the satellite	67807
facility shall be paid as a tax each racing day to the tax	67808
commissioner for deposit into the ~~PASSPORT~~nursing home franchise	67809
permit fee fund.	67810

(b) The remaining balance of the taxes calculated at the	67811
effective rate, after payment of the tax specified in division	67812
(F)(4)(a) of this section, shall be retained by the satellite	67813
facility to pay for those costs associated with the reception of	67814
the simulcasts.	67815

(5) From the commission retained by a satellite facility	67816
after the deduction of the tax paid at the effective rate under	67817
division (F)(4) of this section, the satellite facility shall	67818
retain an amount equal to two and three-eighths per cent of the	67819
amount wagered that day on simulcast racing programs and the	67820
balance shall be divided as follows:	67821

(a) One-half shall be paid to the owner of the satellite	67822
facility;	67823

(b) One-half shall be paid to the state racing commission for	67824
deposit into the Ohio combined simulcast horse racing purse fund.	67825

(6) In addition to the commission retained under this	67826
section, a satellite facility shall retain two and one-half per	67827
cent of the amount that would otherwise be paid on each winning	67828
wager unless the retention of this amount would either cause or	67829
add to a minus pool. As used in division (F)(6) of this section,	67830
"minus pool" means a wagering pool in which a winning wager is	67831
paid off at less than one hundred ten per cent of the amount of	67832
the wager. The amount retained shall be paid each racing day to	67833
the tax commissioner for deposit into the ~~PASSPORT~~nursing home	67834
franchise permit fee fund.	67835

(7) At the close of each day, each satellite facility shall	67836
pay, by check, draft, or money order, or by wire transfer of	67837
funds, out of the money retained on that day to the collection and	67838
settlement agent the required fee to be paid by the simulcast host	67839
to the tracks, racing associations, or state regulatory agencies	67840
located outside this state for simulcasts into this state computed	67841
and based on one-half of the amount wagered at the satellite	67842
facility that day on interstate simulcast racing programs.	67843

(G) No license, fee, or excise tax, other than as specified	67844
in division (F)(6) of this section, shall be assessed upon or	67845
collected from a satellite facility, the owners of a satellite	67846
facility, or the holders of permits issued for a track that has	67847
established a satellite facility by any county, township,	67848
municipal corporation, district, or other body having the	67849
authority to assess or collect a tax or fee.	67850

(H) In no case shall that portion of the commissions	67851
designated for purses from satellite facilities be less than that	67852
portion of those commissions designated for purses at the	67853
simulcast host.	67854

(I) It is the intention of the general assembly in enacting	67855
this section not to adversely affect the amounts paid into the	67856
Ohio thoroughbred race fund created under section 3769.083 of the	67857
Revised Code. Therefore, each track that acts as a simulcast host	67858
under this section shall calculate, on a semi-annual basis during	67859
calendar years 1994, 1995, and 1996, its average daily	67860
contribution to the Ohio thoroughbred race fund created under	67861
section 3769.083 of the Revised Code on those days on which the	67862
track conducted live horse racing. If this average daily	67863
contribution to the fund is less than the average daily	67864
contribution from the same track to the fund during the same	67865
six-month period of calendar year 1992, there shall be contributed	67866
to the fund an amount equal to the average daily shortfall	67867
multiplied by the number of days of live racing conducted during	67868
the six-month period in calendar year 1994, 1995, or 1996, as	67869
applicable. The amount of such contribution shall be allocated	67870
among the simulcast host, the purse program at the simulcast host,	67871
and the satellite facilities for which the track served as the	67872
simulcast host, on a pro rata basis in proportion to the amounts	67873
contributed by them to the fund during such six-month period in	67874
calendar year 1994, 1995, or 1996, as applicable.	67875

Sec. 3770.03. (A) The state lottery commission shall	67876
promulgate rules under which a statewide lottery may be conducted,	67877
which includes, and since the original enactment of this section	67878
has included, the authority for the commission to operate video	67879
lottery terminal games. Any reference in this chapter to tickets	67880
shall not be construed to in any way limit the authority of the	67881
commission to operate video lottery terminal games. Nothing in	67882
this chapter shall restrict the authority of the commission to	67883
promulgate rules related to the operation of games utilizing video	67884
lottery terminals as described in section 3770.21 of the Revised	67885
Code. The rules shall be promulgated pursuant to Chapter 119. of	67886
the Revised Code, except that instant game rules shall be	67887
promulgated pursuant to section 111.15 of the Revised Code but are	67888
not subject to division (D) of that section. Subjects covered in	67889
these rules shall include, but need not be limited to, the	67890
following:	67891

(1) The type of lottery to be conducted;

67892

(2) The prices of tickets in the lottery;

67893

(3) The type of notices that shall appear on lottery tickets,	67894
including one that shall appear if the word "education" is used in	67895
any advertising for a statewide lottery, which must include	67896
information as to the percentage that lottery profits contribute	67897
to all education funding in the state;	67898

(4) The number, nature, and value of prize awards, the manner	67899
and frequency of prize drawings, and the manner in which prizes	67900
shall be awarded to holders of winning tickets.	67901

(B) The commission shall promulgate rules, in addition to	67902
those described in division (A) of this section, pursuant to	67903
Chapter 119. of the Revised Code under which a statewide lottery	67904
and statewide joint lottery games may be conducted. Subjects	67905
covered in these rules shall include, but not be limited to, the	67906
following:	67907

(1) The locations at which lottery tickets may be sold and	67908
the manner in which they are to be sold. These rules may authorize	67909
the sale of lottery tickets by commission personnel or other	67910
licensed individuals from traveling show wagons at the state fair,	67911
and at any other expositions the director of the commission	67912
considers acceptable. These rules shall prohibit commission	67913
personnel or other licensed individuals from soliciting from an	67914
exposition the right to sell lottery tickets at that exposition,	67915
but shall allow commission personnel or other licensed individuals	67916
to sell lottery tickets at an exposition if the exposition	67917
requests commission personnel or licensed individuals to do so.	67918
These rules may also address the accessibility of sales agent	67919
locations to commission products in accordance with the "Americans	67920
with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101	67921
et seq.	67922

(2) The manner in which lottery sales revenues are to be	67923
collected, including authorization for the director to impose	67924
penalties for failure by lottery sales agents to transfer revenues	67925
to the commission in a timely manner;	67926

(3) The amount of compensation to be paid licensed lottery	67927
sales agents;	67928

(4) The substantive criteria for the licensing of lottery	67929
sales agents consistent with section 3770.05 of the Revised Code,	67930
and procedures for revoking or suspending their licenses	67931
consistent with Chapter 119. of the Revised Code. If	67932
circumstances, such as the nonpayment of funds owed by a lottery	67933
sales agent, or other circumstances related to the public safety,	67934
convenience, or trust, require immediate action, the director may	67935
suspend a license without affording an opportunity for a prior	67936
hearing under section 119.07 of the Revised Code.	67937

(5) Special game rules to implement any agreements signed by	67938
the governor that the director enters into with other lottery	67939
jurisdictions under division (J) of section 3770.02 of the Revised	67940
Code to conduct statewide joint lottery games. The rules shall	67941
require that the entire net proceeds of those games that remain,	67942
after associated operating expenses, prize disbursements, lottery	67943
sales agent bonuses, commissions, and reimbursements, and any	67944
other expenses necessary to comply with the agreements or the	67945
rules are deducted from the gross proceeds of those games, be	67946
transferred to the lottery profits education fund under division	67947
(B) of section 3770.06 of the Revised Code.	67948

(6) Any other subjects the commission determines are	67949
necessary for the operation of video lottery terminal games,	67950
including the establishment of any fees, fines, or payment	67951
schedules.	67952

(C) Chapter 2915. of the Revised Code does not apply to,	67953
affect, or prohibit lotteries conducted pursuant to this chapter.	67954

(D) The commission may promulgate rules, in addition to those	67955
described in divisions (A) and (B) of this section, that establish	67956
standards governing the display of advertising and celebrity	67957
images on lottery tickets and on other items that are used in the	67958
conduct of, or to promote, the statewide lottery and statewide	67959
joint lottery games. Any revenue derived from the sale of	67960
advertising displayed on lottery tickets and on those other items	67961
shall be considered, for purposes of section 3770.06 of the	67962
Revised Code, to be related proceeds in connection with the	67963
statewide lottery or gross proceeds from statewide joint lottery	67964
games, as applicable.	67965

(E)(1) The commission shall meet with the director at least	67966
once each month and shall convene other meetings at the request of	67967
the chairperson or any five of the members. No action taken by the	67968
commission shall be binding unless at least five of the members	67969
present vote in favor of the action. A written record shall be	67970
made of the proceedings of each meeting and shall be transmitted	67971
forthwith to the governor, the president of the senate, the senate	67972
minority leader, the speaker of the house of representatives, and	67973
the house minority leader.	67974

(2) The director shall present to the commission a report	67975
each month, showing the total revenues, prize disbursements, and	67976
operating expenses of the state lottery for the preceding month.	67977
As soon as practicable after the end of each fiscal year, the	67978
commission shall prepare and transmit to the governor and the	67979
general assembly a report of lottery revenues, prize	67980
disbursements, and operating expenses for the preceding fiscal	67981
year and any recommendations for legislation considered necessary	67982
by the commission.	67983

Sec. 3770.031. The notice that the state lottery commission	67984
determines shall appear on lottery tickets under division (A)(3)	67985
of section 3770.03 of the Revised Code to provide information as	67986
to what percentage that lottery profits contribute to all	67987
education funding in the state also shall appear on any television	67988
advertising for the Ohio lottery and on the first page of the web	67989
site for the Ohio lottery.	67990

Sec. 3770.05. (A) As used in this section, "person" means	67991
any person, association, corporation, partnership, club, trust,	67992
estate, society, receiver, trustee, person acting in a fiduciary	67993
or representative capacity, instrumentality of the state or any of	67994
its political subdivisions, or any other combination of	67995
individuals meeting the requirements set forth in this section or	67996
established by rule or order of the state lottery commission.	67997

(B) The director of the state lottery commission may license	67998
any person as a lottery sales agent. No license shall be issued to	67999
any person or group of persons to engage in the sale of lottery	68000
tickets as the person's or group's sole occupation or business.	68001

Before issuing any license to a lottery sales agent, the	68002
director shall consider all of the following:	68003

(1) The financial responsibility and security of the	68004
applicant and the applicant's business or activity;	68005

(2) The accessibility of the applicant's place of business or	68006
activity to the public;	68007

(3) The sufficiency of existing licensed agents to serve the	68008
public interest;	68009

(4) The volume of expected sales by the applicant;

68010

(5) Any other factors pertaining to the public interest,	68011
convenience, or trust.	68012

(C) Except as otherwise provided in division (F) of this	68013
section, the director of the state lottery commission shall refuse	68014
to grant, or shall suspend or revoke, a license if the applicant	68015
or licensee:	68016

(1) Has been convicted of a felony or has been convicted of a	68017
crime involving moral turpitude;	68018

(2) Has been convicted of an offense that involves illegal	68019
gambling;	68020

(3) Has been found guilty of fraud or misrepresentation in	68021
any connection;	68022

(4) Has been found to have violated any rule or order of the	68023
commission; or	68024

(5) Has been convicted of illegal trafficking in supplemental	68025
nutrition assistance program benefits.	68026

(D) Except as otherwise provided in division (F) of this	68027
section, the director of the state lottery commission shall refuse	68028
to grant, or shall suspend or revoke, a license if the applicant	68029
or licensee is a corporation and any of the following applies:	68030

(1) Any of the corporation's directors, officers, or	68031
controlling shareholders has been found guilty of any of the	68032
activities specified in divisions (C)(1) to (5) of this section;	68033

(2) It appears to the director of the state lottery	68034
commission that, due to the experience, character, or general	68035
fitness of any director, officer, or controlling shareholder of	68036
the corporation, the granting of a license as a lottery sales	68037
agent would be inconsistent with the public interest, convenience,	68038
or trust;	68039

(3) The corporation is not the owner or lessee of the	68040
business at which it would conduct a lottery sales agency pursuant	68041
to the license applied for;	68042

(4) Any person, firm, association, or corporation other than	68043
the applicant or licensee shares or will share in the profits of	68044
the applicant or licensee, other than receiving dividends or	68045
distributions as a shareholder, or participates or will	68046
participate in the management of the affairs of the applicant or	68047
licensee.	68048

(E)(1) The director of the state lottery commission shall	68049
refuse to grant a license to an applicant for a lottery sales	68050
agent license and shall revoke a lottery sales agent license if	68051
the applicant or licensee is or has been convicted of a violation	68052
of division (A) or (C)(1) of section 2913.46 of the Revised Code.	68053

(2) The director shall refuse to grant a license to an	68054
applicant for a lottery sales agent license that is a corporation	68055
and shall revoke the lottery sales agent license of a corporation	68056
if the corporation is or has been convicted of a violation of	68057
division (A) or (C)(1) of section 2913.46 of the Revised Code.	68058

(F) The director of the state lottery commission shall	68059
request the bureau of criminal identification and investigation,	68060
the department of public safety, or any other state, local, or	68061
federal agency to supply the director with the criminal records of	68062
any applicant for a lottery sales agent license, and may	68063
periodically request the criminal records of any person to whom a	68064
lottery sales agent license has been issued. At or prior to the	68065
time of making such a request, the director shall require an	68066
applicant or licensee to obtain fingerprint impressions on	68067
fingerprint cards prescribed by the superintendent of the bureau	68068
of criminal identification and investigation at a qualified law	68069
enforcement agency, and the director shall cause those fingerprint	68070
cards to be forwarded to the bureau of criminal identification and	68071
investigation, to the federal bureau of investigation, or to both	68072
bureaus. The commission shall assume the cost of obtaining the	68073
fingerprint cards.	68074

The director shall pay to each agency supplying criminal	68075
records for each investigation a reasonable fee, as determined by	68076
the agency.	68077

The commission may adopt uniform rules specifying time	68078
periods after which the persons described in divisions (C)(1) to	68079
(5) and (D)(1) to (4) of this section may be issued a license and	68080
establishing requirements for those persons to seek a court order	68081
to have records sealed in accordance with law.	68082

(G)(1) Each applicant for a lottery sales agent license shall	68083
do both of the following:	68084

(a) Pay fees to the state lottery commission, ~~at the time the~~	68085
~~application is submitted, a fee in an amount that the director of~~	68086
~~the state lottery commission determines~~if required by rule	68087
adopted by the director under Chapter 119. of the Revised Code and	68088
~~that~~ the controlling board approves the fees;	68089

(b) Prior to approval of the application, obtain a surety	68090
bond in an amount the director determines by rule adopted under	68091
Chapter 119. of the Revised Code or, ~~alternatively,~~ with the	68092
director's approval, deposit ~~the same~~an amount into a dedicated	68093
account for the benefit of the state lottery. The director also	68094
may approve the obtaining of a surety bond to cover part of the	68095
amount required, together with a dedicated account deposit to	68096
cover the remainder of the amount required. In addition, the	68097
director, with the approval of the commission, may establish a	68098
program or policy by rule adopted under Chapter 119. of the	68099
Revised Code that is an alternative to obtaining a surety bond or	68100
making a dedicated account deposit under this division. The	68101
alternative program or policy shall ensure that the financial	68102
interests of the state lottery are protected. If an alternative	68103
program or policy is established, an applicant or a lottery sales	68104
agent, with the director's approval, may participate in the	68105
program or proceed under the policy.	68106

A surety bond may be with any company that complies with the	68107
bonding and surety laws of this state and the requirements	68108
established by rules of the commission pursuant to this chapter. A	68109
dedicated account deposit shall be conducted in accordance with	68110
policies and procedures the director establishes. An alternative	68111
program or policy established by the director shall be conducted	68112
in accordance with the rules adopted by the director.	68113

A surety bond, dedicated account, or ~~both~~alternative program	68114
or policy established under this section, or any combination	68115
thereof, as applicable, may be used to pay for the lottery sales	68116
agent's failure to make prompt and accurate payments for lottery	68117
ticket sales, for missing or stolen lottery tickets, or for damage	68118
to equipment or materials issued to the lottery sales agent, or to	68119
pay for expenses the commission incurs in connection with the	68120
lottery sales agent's license.	68121

(2) A lottery sales agent license is effective for one year.

68122

A licensed lottery sales agent, on or before the date	68123
established by the director, shall renew the agent's license and	68124
provide at that time evidence to the director that the surety	68125
bond, dedicated account deposit, or ~~both~~alternative program or	68126
policy as established under this section, required under division	68127
(G)(1)(b) of this section, has been renewed or, is active, or is	68128
being complied with, whichever applies.	68129

Before the commission renews a lottery sales agent license,	68130
the lottery sales agent shall submit a renewal fee to the	68131
commission ~~in an amount that the director determines~~, if one is	68132
required by rule adopted by the director under Chapter 119. of the	68133
Revised Code and ~~that~~ the controlling board approves the renewal	68134
fee. The renewal fee shall not exceed the actual cost of	68135
administering the license renewal and processing changes reflected	68136
in the renewal application. The renewal of the license is	68137
effective for up to one year.	68138

(3) A lottery sales agent license shall be complete,	68139
accurate, and current at all times during the term of the license.	68140
Any changes to an original license application or a renewal	68141
application may subject the applicant or lottery sales agent, as	68142
applicable, to paying an administrative fee that shall be in an	68143
amount that the director determines by rule adopted under Chapter	68144
119. of the Revised Code, that the controlling board approves, and	68145
that shall not exceed the actual cost of administering and	68146
processing the changes to an application.	68147

(4) The relationship between the commission and a lottery	68148
sales agent is one of trust. A lottery sales agent collects funds	68149
on behalf of the commission through the sale of lottery tickets	68150
for which the agent receives a compensation.	68151

(H) Pending a final resolution of any question arising under	68152
this section, the director of the state lottery commission may	68153
issue a temporary lottery sales agent license, subject to the	68154
terms and conditions the director considers appropriate.	68155

(I) If a lottery sales agent's rental payments for the	68156
lottery sales agent's premises are determined, in whole or in	68157
part, by the amount of retail sales the lottery sales agent makes,	68158
and if the rental agreement does not expressly provide that the	68159
amount of those retail sales includes the amounts the lottery	68160
sales agent receives from lottery ticket sales, only the amounts	68161
the lottery sales agent receives as compensation from the state	68162
lottery commission for selling lottery tickets shall be considered	68163
to be amounts the lottery sales agent receives from the retail	68164
sales the lottery sales agent makes, for the purpose of computing	68165
the lottery sales agent's rental payments.	68166

Sec. 3772.062. (A) The executive director of the commission	68167
shall enter into an agreement with the department of alcohol and	68168
drug addiction services under which the department provides a	68169
program of gambling and addiction services on behalf of the	68170
commission.	68171

(B) The executive director of the commission, in conjunction	68172
with the department of alcohol and drug addiction services, shall	68173
establish, operate, and publicize an in-state, toll-free telephone	68174
number Ohio residents may call to obtain basic information about	68175
problem gambling, the gambling addiction services available to	68176
problem gamblers, and how a problem gambler may obtain help. The	68177
telephone number shall be staffed twenty-four hours per day, seven	68178
days a week, to respond to inquiries and provide that information.	68179
The costs of establishing, operating, and publicizing the	68180
telephone number shall be paid for with money in the problem	68181
casino gambling and addictions fund.	68182

Sec. 3781.06. (A)(1) Any building that may be used as a	68183
place of resort, assembly, education, entertainment, lodging,	68184
dwelling, trade, manufacture, repair, storage, traffic, or	68185
occupancy by the public, any residential building, and all other	68186
buildings or parts and appurtenances of those buildings erected	68187
within this state, shall be so constructed, erected, equipped, and	68188
maintained that they shall be safe and sanitary for their intended	68189
use and occupancy.	68190

(2) Nothing in sections 3781.06 to 3781.18 and 3791.04 of the	68191
Revised Code shall be construed to limit the power of the ~~public~~	68192
~~health council~~manufactured homes commission to adopt rules of	68193
~~uniform application~~ governing manufactured home parks pursuant to	68194
section ~~3733.02~~4781.04 of the Revised Code.	68195

(B) Sections 3781.06 to 3781.18 and 3791.04 of the Revised	68196
Code do not apply to either of the following:	68197

(1) Buildings or structures that are incident to the use for	68198
agricultural purposes of the land on which the buildings or	68199
structures are located, provided those buildings or structures are	68200
not used in the business of retail trade. For purposes of this	68201
division, a building or structure is not considered used in the	68202
business of retail trade if fifty per cent or more of the gross	68203
income received from sales of products in the building or	68204
structure by the owner or operator is from sales of products	68205
produced or raised in a normal crop year on farms owned or	68206
operated by the seller.	68207

(2) Existing single-family, two-family, and three-family	68208
detached dwelling houses for which applications have been	68209
submitted to the director of job and family services pursuant to	68210
section 5104.03 of the Revised Code for the purposes of operating	68211
type A family day-care homes as defined in section 5104.01 of the	68212
Revised Code.	68213

(C) As used in sections 3781.06 to 3781.18 and 3791.04 of the	68214
Revised Code:	68215

(1) "Agricultural purposes" include agriculture, farming,	68216
dairying, pasturage, apiculture, horticulture, floriculture,	68217
viticulture, ornamental horticulture, olericulture, pomiculture,	68218
and animal and poultry husbandry.	68219

(2) "Building" means any structure consisting of foundations,	68220
walls, columns, girders, beams, floors, and roof, or a combination	68221
of any number of these parts, with or without other parts or	68222
appurtenances.	68223

(3) "Industrialized unit" means a building unit or assembly	68224
of closed construction fabricated in an off-site facility, that is	68225
substantially self-sufficient as a unit or as part of a greater	68226
structure, and that requires transportation to the site of	68227
intended use. "Industrialized unit" includes units installed on	68228
the site as independent units, as part of a group of units, or	68229
incorporated with standard construction methods to form a	68230
completed structural entity. "Industrialized unit" does not	68231
include a manufactured home as defined by division (C)(4) of this	68232
section or a mobile home as defined by division (O) of section	68233
4501.01 of the Revised Code.	68234

(4) "Manufactured home" means a building unit or assembly of	68235
closed construction that is fabricated in an off-site facility and	68236
constructed in conformance with the federal construction and	68237
safety standards established by the secretary of housing and urban	68238
development pursuant to the "Manufactured Housing Construction and	68239
Safety Standards Act of 1974," 88 Stat. 700, 42 U.S.C.A. 5401,	68240
5403, and that has a permanent label or tag affixed to it, as	68241
specified in 42 U.S.C.A. 5415, certifying compliance with all	68242
applicable federal construction and safety standards.	68243

(5) "Permanent foundation" means permanent masonry, concrete,	68244
or a footing or foundation approved by the manufactured homes	68245
commission pursuant to Chapter 4781. of the Revised Code, to which	68246
a manufactured or mobile home may be affixed.	68247

(6) "Permanently sited manufactured home" means a	68248
manufactured home that meets all of the following criteria:	68249

(a) The structure is affixed to a permanent foundation and is	68250
connected to appropriate facilities;	68251

(b) The structure, excluding any addition, has a width of at	68252
least twenty-two feet at one point, a length of at least	68253
twenty-two feet at one point, and a total living area, excluding	68254
garages, porches, or attachments, of at least nine hundred square	68255
feet;	68256

(c) The structure has a minimum 3:12 residential roof pitch,	68257
conventional residential siding, and a six-inch minimum eave	68258
overhang, including appropriate guttering;	68259

(d) The structure was manufactured after January 1, 1995;

68260

(e) The structure is not located in a manufactured home park	68261
as defined by section ~~3733.01~~4781.01 of the Revised Code.	68262

(7) "Safe," with respect to a building, means it is free from	68263
danger or hazard to the life, safety, health, or welfare of	68264
persons occupying or frequenting it, or of the public and from	68265
danger of settlement, movement, disintegration, or collapse,	68266
whether such danger arises from the methods or materials of its	68267
construction or from equipment installed therein, for the purpose	68268
of lighting, heating, the transmission or utilization of electric	68269
current, or from its location or otherwise.	68270

(8) "Sanitary," with respect to a building, means it is free	68271
from danger or hazard to the health of persons occupying or	68272
frequenting it or to that of the public, if such danger arises	68273
from the method or materials of its construction or from any	68274
equipment installed therein, for the purpose of lighting, heating,	68275
ventilating, or plumbing.	68276

(9) "Residential building" means a one-family, two-family, or	68277
three-family dwelling house, and any accessory structure	68278
incidental to that dwelling house. "Residential building" includes	68279
a one-family, two-family, or three-family dwelling house that is	68280
used as a model to promote the sale of a similar dwelling house.	68281
"Residential building" does not include an industrialized unit as	68282
defined by division (C)(3) of this section, a manufactured home as	68283
defined by division (C)(4) of this section, or a mobile home as	68284
defined by division (O) of section 4501.01 of the Revised Code.	68285

(10) "Nonresidential building" means any building that is not	68286
a residential building or a manufactured or mobile home.	68287

(11) "Accessory structure" means a structure that is attached	68288
to a residential building and serves the principal use of the	68289
residential building. "Accessory structure" includes, but is not	68290
limited to, a garage, porch, or screened-in patio.	68291

Sec. 3781.183. If the board of building standards adopts	68292
rules under sections 3781.06 to 3781.18 of the Revised Code	68293
concerning the requirements an adult group home seeking licensure	68294
as an adult care facility must meet under section ~~3722.02~~5119.71	68295
of the Revised Code, the board shall adopt the rules in	68296
consultation with the directors of mental health and of aging and	68297
any interested party designated by the directors of mental health	68298
and of aging.	68299

Sec. 3791.043. If the board of building standards adopts	68300
rules under section 3791.04 of the Revised Code concerning the	68301
requirements an adult group home seeking licensure as an adult	68302
care facility must meet under section ~~3722.02~~5119.71 of the	68303
Revised Code, the board shall adopt the rules in consultation with	68304
the directors of mental health and aging and any interested party	68305
designated by the directors of mental health and aging.	68306

Sec. 3793.04. The department of alcohol and drug addiction	68307
services shall develop, administer, and revise as necessary a	68308
comprehensive statewide alcohol and drug addiction services plan	68309
for the implementation of this chapter. The plan shall emphasize	68310
abstinence from the use of alcohol and drugs of abuse as the	68311
primary goal of alcohol and drug addiction services. The council	68312
on alcohol and drug addiction services shall advise the department	68313
in the development and implementation of the plan.	68314

The plan shall provide for the allocation and distribution of	68315
~~state and federal~~ funds appropriated to the department by the	68316
general assembly for ~~service~~services furnished by alcohol and	68317
drug addiction programs under contract with boards of alcohol,	68318
drug addiction, and mental health services ~~and for distribution of~~	68319
~~the funds to such boards~~. The ~~plan~~department shall exclude from	68320
the allocation and distribution any funds that are transferred to	68321
the department of job and family services to pay the nonfederal	68322
share of alcohol and drug addiction services covered by the	68323
medicaid program.	68324

The plan shall specify the methodology that the department	68325
will use for determining how the funds will be allocated and	68326
distributed. A portion of the funds shall be allocated on the	68327
basis of the ratio of the population of each alcohol, drug	68328
addiction, and mental health service district to the total	68329
population of the state as determined from the most recent federal	68330
census or the most recent official estimate made by the United	68331
States census bureau.	68332

The plan shall ensure that alcohol and drug addiction	68333
services of a high quality are accessible to, and responsive to	68334
the needs of, all persons, especially those who are members of	68335
underserved groups, including, but not limited to, African	68336
Americans, Hispanics, native Americans, Asians, juvenile and adult	68337
offenders, women, and persons with special services needs due to	68338
age or disability. The plan shall include a program to promote and	68339
protect the rights of those who receive services.	68340

To aid in formulating the plan and in evaluating the	68341
effectiveness and results of alcohol and drug addiction services,	68342
the department, in consultation with the department of mental	68343
health, shall establish and maintain an information system or	68344
systems. The department of alcohol and drug addiction services	68345
shall specify the information that must be provided by boards of	68346
alcohol, drug addiction, and mental health services and by alcohol	68347
and drug addiction programs for inclusion in the system. The	68348
department shall not collect any personal information from the	68349
boards except as required or permitted by state or federal law for	68350
purposes related to payment, health care operations, program and	68351
service evaluation, reporting activities, research, system	68352
administration, and oversight.	68353

In consultation with boards, programs, and persons receiving	68354
services, the department shall establish guidelines for the use of	68355
~~state and federal~~ funds allocated and distributed under this	68356
section and for the boards' development of plans for services	68357
required by sections 340.033 and 3793.05 of the Revised Code.	68358

In any fiscal year, the department shall spend, or allocate	68359
to boards, for methadone maintenance programs or any similar	68360
programs not more than eight per cent of the total amount	68361
appropriated to the department for the fiscal year.	68362

Sec. 3793.06. (A) ~~The department of alcohol and drug~~	68363
~~addiction services shall evaluate and certify all~~Each alcohol and	68364
drug addiction ~~programs in the state. Each~~ program shall apply to	68365
the department of alcohol and drug addiction services for	68366
certification. No program shall be eligible to receive state or	68367
federal funds unless it has been certified by the department.	68368

(B) No person shall represent in any manner that a program is	68369
certified by the department if the program is not certified at the	68370
time the representation is made.	68371

(C) Pursuant to Chapter 119. of the Revised Code and in	68372
consultation with members or representatives of boards of alcohol,	68373
drug addiction, and mental health services, programs, individuals	68374
who receive alcohol and drug addiction services, and the	68375
department of mental health, the department shall adopt rules that	68376
establish all of the following:	68377

(1) Minimum standards for the operation of programs,	68378
including, but not limited to, the following:	68379

(a) Requirements regarding physical facilities of programs;

68380

(b) Requirements with regard to health, safety, adequacy, and	68381
cultural specificity and sensitivity;	68382

(c) Requirements regarding the rights of recipients of	68383
services and procedures to protect these rights.	68384

(2) Standards for evaluating programs;

68385

(3) Standards and procedures for granting full or conditional	68386
certification to a program;	68387

(4) Standards and procedures for revoking the certification	68388
of a program that does not continue to meet the minimum standards	68389
established pursuant to this section.	68390

(D) Rules adopted under division (C) of this section shall	68391
specify the limitations to be placed on a program that is granted	68392
conditional certification.	68393

(E) The department may visit and evaluate any program to	68394
determine whether it meets the minimum standards for certification	68395
~~established pursuant to division (C) of this section~~. In the case	68396
of a program that has a contract with or proposes to contract with	68397
a board of alcohol, drug addiction, and mental health services,	68398
the department shall conduct the visit and evaluation in	68399
cooperation with the board. If	68400

(F)(1) Subject to division (F)(2) of this section, the	68401
department shall determine whether an applicant's program meets	68402
the minimum standards for certification. If the department	68403
determines that the program meets the minimum standards, it shall	68404
certify or recertify the program.	68405

~~(F)~~(2) If an applicant submits to the department evidence of	68406
holding national accreditation from the joint commission, the	68407
council on accreditation of rehabilitation facilities, or the	68408
council on accreditation, the department shall accept that	68409
accreditation as evidence of the applicant's program meeting the	68410
minimum standards for certification of the program. The department	68411
shall certify or recertify the program without any further	68412
evaluation of the program.	68413

(G) If the department determines that a program that has a	68414
contract with a board or proposes to contract with a board does	68415
not meet the minimum standards for certification, it shall	68416
identify the areas in which the program does not meet the	68417
standards, specify what action is necessary to meet the standards,	68418
and offer technical assistance to the board to enable it to assist	68419
the program in meeting the standards. The department shall give	68420
the program a reasonable time within which to demonstrate that the	68421
program meets the minimum standards or to bring the program into	68422
compliance with the standards. If the department concludes that	68423
the program continues to fail to meet minimum standards, it shall	68424
deny certification and may request that the board reallocate the	68425
funds that the board is allocating to that program to another	68426
program that is certified. If the board does not reallocate the	68427
funds within a reasonable time, the department may withhold from	68428
the board the funds that the board is allocating to the program	68429
and allocate the funds directly to a recovery program certified by	68430
the department.	68431

The department shall adopt rules pursuant to Chapter 119. of	68432
the Revised Code to implement this division. The rules shall	68433
specify the notice and hearing procedures to be followed prior to	68434
denial of certification or reallocation of funds.	68435

~~(G)~~(H) The department may withhold from a board all or part	68436
of the state and federal funds allocated for a program certified	68437
under this section in the event of failure of that program to	68438
comply with this chapter, Chapter 340. of the Revised Code, rules	68439
adopted by the department, or other provisions of state or federal	68440
law, including federal regulations.	68441

If the department proposes to withhold funds, it shall	68442
identify the areas of the program's noncompliance and the action	68443
necessary to achieve compliance and shall offer technical	68444
assistance to the board to enable it to assist the program to	68445
achieve compliance. The department shall allow a reasonable time	68446
within which the board or program shall demonstrate that the	68447
program is in compliance or the program shall bring itself into	68448
compliance. Before withholding funds, the department shall hold a	68449
hearing on the question of whether the program is in, or can be	68450
brought into, compliance. If, based on the hearing and other	68451
evidence, the department determines that compliance has not been,	68452
or cannot be, achieved, the department may withhold the funds and	68453
allocate all or part of the withheld funds to a certified program	68454
that is in compliance. That program shall use the funds to provide	68455
the services of the program that is not in compliance, until such	68456
time as it is in compliance.	68457

The department shall establish rules pursuant to Chapter 119.	68458
of the Revised Code to implement this division.	68459

~~(H)~~(I) The department shall maintain a current list of	68460
alcohol and drug addiction programs certified by the department	68461
under division (A) of this section and shall provide a copy of the	68462
current list to a judge of a court of common pleas who requests a	68463
copy for the use of the judge under division (H) of section	68464
2925.03 of the Revised Code. The list of certified alcohol and	68465
drug addiction programs shall identify each certified program by	68466
its name, its address, and the county in which it is located.	68467

Sec. 3793.061. No rule adopted under section 3793.06 of the	68468
Revised Code regarding documentation that alcohol and drug	68469
addiction programs must submit to the department of alcohol and	68470
drug addiction services or a board of alcohol, drug addiction, and	68471
mental health services shall be more stringent than a comparable	68472
documentation submission requirement that applies to alcohol and	68473
drug addiction programs and is established by a federal regulation	68474
promulgated by the United States department of health and human	68475
services.	68476

Sec. 3793.21. (A) As used in this section, "administrative	68477
function" means a function related to one or more of the	68478
following:	68479

(1) Continuous quality improvement;

68480

(2) Utilization review;

68481

(3) Resource development;

68482

(4) Fiscal administration;

68483

(5) General administration;

68484

(6) Any other function related to administration that is	68485
required by Chapter 340. of the Revised Code.	68486

(B) Each board of alcohol, drug addiction, and mental health	68487
services shall submit an annual report to the department of	68488
alcohol and drug addiction services specifying how the board used	68489
~~state and federal~~the funds allocated and distributed to the	68490
board~~, according to the methodology the department specifies~~ under	68491
section 3793.04 of the Revised Code, for administrative functions	68492
in the year preceding the report's submission. The director of	68493
alcohol and drug addiction shall establish the date by which the	68494
report must be submitted each year.	68495

Sec. 3901.3814. Sections 3901.38 and 3901.381 to 3901.3813 of	68496
the Revised Code do not apply to the following:	68497

(A) Policies offering coverage that is regulated under	68498
Chapters 3935. and 3937. of the Revised Code;	68499

(B) An employer's self-insurance plan and any of its	68500
administrators, as defined in section 3959.01 of the Revised Code,	68501
to the extent that federal law supersedes, preempts, prohibits, or	68502
otherwise precludes the application of any provisions of those	68503
sections to the plan and its administrators;	68504

(C) A third-party payer for coverage provided under the	68505
medicare advantage program operated under Title XVIII of the	68506
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	68507
amended;	68508

(D) A third-party payer for coverage provided under the	68509
medicaid program operated under Title XIX of the "Social Security	68510
Act," except that if a federal waiver applied for under section	68511
5111.178 of the Revised Code is granted or the director of job and	68512
family services determines that this provision can be implemented	68513
without a waiver, sections 3901.38 and 3901.381 to 3901.3813 of	68514
the Revised Code apply to claims submitted electronically or	68515
non-electronically that are made with respect to coverage of	68516
medicaid recipients by health insuring corporations licensed under	68517
Chapter 1751. of the Revised Code, instead of the prompt payment	68518
requirements of 42 C.F.R. 447.46;	68519

(E) A third-party payer for coverage provided under the	68520
tricare program offered by the United States department of	68521
defense.	68522

~~(F) A third-party payer for coverage provided under the~~	68523
~~children's buy-in program established under sections 5101.5211 to~~	68524
~~5101.5216 of the Revised Code.~~	68525

Sec. 3903.01. As used in sections 3903.01 to 3903.59 of the	68526
Revised Code:	68527

(A) "Admitted assets" means investment in assets which will	68528
be admitted by the superintendent of insurance pursuant to the law	68529
of this state.	68530

(B) "Affiliate" has the same meaning as "affiliate of" or	68531
"affiliated with," as defined in section 3901.32 of the Revised	68532
Code.	68533

(C) "Assets" means all property, real and personal, of every	68534
nature and kind whatsoever or any interest therein.	68535

~~(C)~~(D) "Ancillary state" means any state other than a	68536
domiciliary state.	68537

~~(D)~~(E) "Commodity contract" means any of the following:

68538

(1) A contract for the purchase or sale of a commodity for	68539
future delivery on, or subject to the rules of, a board of trade	68540
designated as a contract market by the commodity futures trading	68541
commission under the "Commodity Exchange Act," 7 U.S.C. 1 et seq.,	68542
as amended, or a board of trade outside the United States;	68543

(2) An agreement that is subject to regulation under section	68544
19 of the "Commodity Exchange Act," 7 U.S.C. 23, as amended, and	68545
that is commonly known to the commodities trade as a margin	68546
account, margin contract, leverage account, or leverage contract;	68547

(3) An agreement or transaction that is subject to regulation	68548
under section 4c(b) of the "Commodity Exchange Act," 7 U.S.C.	68549
6c(b), as amended, and that is commonly known to the commodities	68550
trade as a commodity option;	68551

(4) Any combination of agreements or transactions described	68552
in division (E) of this section;	68553

(5) Any option to enter into an agreement or transaction	68554
described in division (E) of this section.	68555

(F) "Creditor" means a person having any claim, whether	68556
matured or unmatured, liquidated or unliquidated, secured or	68557
unsecured, absolute, fixed, or contingent.	68558

~~(E)~~(G) "Delinquency proceeding" means any proceeding	68559
commenced against an insurer for the purpose of liquidating,	68560
rehabilitating, reorganizing, or conserving the insurer, and any	68561
summary proceeding under section 3903.09 or 3903.10 of the Revised	68562
Code. "Formal delinquency proceeding" means any liquidation or	68563
rehabilitation proceeding.	68564

~~(F)~~(H) "Doing business" includes any of the following acts,	68565
whether effected by mail or otherwise:	68566

(1) The issuance or delivery of contracts of insurance to	68567
persons resident in this state;	68568

(2) The solicitation of applications for such contracts, or	68569
other negotiations preliminary to the execution of such contracts;	68570

(3) The collection of premiums, membership fees, assessments,	68571
or other consideration for such contracts;	68572

(4) The transaction of matters subsequent to execution of	68573
such contracts and arising out of them;	68574

(5) Operating under a license or certificate of authority, as	68575
an insurer, issued by the department of insurance.	68576

~~(G)~~(I) "Domiciliary state" means the state in which an	68577
insurer is incorporated or organized, or, in the case of an alien	68578
insurer, its state of entry.	68579

~~(H)~~(J) "Fair consideration" is given for property or	68580
obligation when either of the following apply:	68581

(1) When in exchange for such property or obligation, as a	68582
fair equivalent therefor, and in good faith, property is conveyed,	68583
services are rendered, an obligation is incurred, or an antecedent	68584
debt is satisfied;	68585

(2) When such property or obligation is received in good	68586
faith to secure a present advance or antecedent debt in an amount	68587
not disproportionately small as compared to the value of the	68588
property or obligation obtained.	68589

~~(I)~~(K) "Foreign country" means any other jurisdiction not in	68590
any state.	68591

~~(J)~~(L) "Forward contract" has the same meaning as in the	68592
federal "Deposit Insurance Act," 64 Stat. 884, 12 U.S.C.	68593
1821(e)(8)(D), as now and hereafter amended.	68594

(M) "Guaranty association" means the Ohio insurance guaranty	68595
association created by section 3955.06 of the Revised Code and any	68596
other similar entity hereafter created by the general assembly for	68597
the payment of claims of insolvent insurers. "Foreign guaranty	68598
association" means any similar entities now in existence in or	68599
hereafter created by the legislature of any other state.	68600

~~(K)~~(N) "Insolvency" or "insolvent" means:

68601

(1) For an insurer issuing only assessable fire insurance	68602
policies either of the following:	68603

(a) The inability to pay any obligation within thirty days	68604
after it becomes payable;	68605

(b) If an assessment is made within thirty days after such	68606
date, the inability to pay the obligation thirty days following	68607
the date specified in the first assessment notice issued after the	68608
date of loss.	68609

(2) For any other insurer, that it is unable to pay its	68610
obligations when they are due, or when its admitted assets do not	68611
exceed its liabilities plus the greater of either of the	68612
following:	68613

(a) Any capital and surplus required by law for its	68614
organization;	68615

(b) The total par or stated value of its authorized and	68616
issued capital stock.	68617

(3) As to any insurer licensed to do business in this state	68618
as of the effective date of sections 3903.01 to 3903.59 of the	68619
Revised Code that does not meet the standard established under	68620
division ~~(K)~~(N)(2) of this section, the term "insolvency" or	68621
"insolvent" means, for a period not to exceed three years from the	68622
effective date of sections 3903.01 to 3903.59 of the Revised Code,	68623
that it is unable to pay its obligations when they are due or that	68624
its admitted assets do not exceed its liabilities plus any	68625
required capital contribution ordered by the superintendent under	68626
provisions of Title XXXIX of the Revised Code.	68627

(4) For purposes of divisions ~~(K)~~(N)(2) to (4) of this	68628
section, "liabilities" includes, but is not limited to, reserves	68629
required by statute or by rules of the superintendent or specific	68630
requirements imposed by the superintendent upon a subject company	68631
at the time of admission or subsequent thereto.	68632

~~(L)~~(O) "Insurer" means any person who has done, purports to	68633
do, is doing, or is licensed to do an insurance business, and is	68634
or has been subject to the authority of, or to liquidation,	68635
rehabilitation, reorganization, supervision, or conservation by,	68636
any insurance commissioner, superintendent, or equivalent	68637
official. For purposes of sections 3903.01 to 3903.59 of the	68638
Revised Code, any other persons included under section 3903.03 of	68639
the Revised Code are deemed to be insurers.	68640

~~(M)~~(P) "Netting agreement" means:

68641

(1) A contract or agreement, including a master agreement,	68642
and any terms and conditions incorporated by reference in such a	68643
contract or agreement, that provides for the netting, liquidation,	68644
setoff, termination, acceleration, or close out under or in	68645
connection with a qualified financial contract, or any present or	68646
future payment or delivery obligations or entitlements under a	68647
qualified financial contract, including liquidation or close-out	68648
values relating to those obligations or entitlements;	68649

(2) A master agreement, together with all schedules,	68650
confirmations, definitions, and addenda to the agreement and	68651
transactions under the agreement, which shall be treated as one	68652
netting agreement, and any bridge agreement for one or more master	68653
agreements;	68654

(3) Any security agreement or arrangement, credit support	68655
document, or guarantee or reimbursement obligation related to any	68656
contract or agreement described in division (P) of this section.	68657

Any contract or agreement described in division (P) of this	68658
section relating to agreements or transactions that are not	68659
qualified financial contracts shall be deemed to be a netting	68660
agreement only with respect to those agreements or transactions	68661
that are qualified financial contracts.	68662

(Q) "Preferred claim" means any claim with respect to which	68663
the terms of sections 3903.01 to 3903.59 of the Revised Code	68664
accord priority of payment from the assets of the insurer.	68665

~~(N)~~(R) "Qualified financial contract" means any commodity	68666
contract, forward contract, repurchase agreement, securities	68667
contract, swap agreement, and any similar agreement that the	68668
superintendent may determine by rule or order to be a qualified	68669
financial contract for purposes of this chapter.	68670

(S) "Reciprocal state" means any state other than this state	68671
in which in substance and effect division (A) of section 3903.18,	68672
and sections 3903.52, 3903.53, and 3903.55 to 3903.57 of the	68673
Revised Code are in force, in which provisions are in force	68674
requiring that the superintendent or equivalent official be the	68675
receiver, liquidator, rehabilitator, or conservator of a	68676
delinquent insurer, and in which some provision exists for the	68677
avoidance of fraudulent conveyances and preferential transfers.	68678

~~(O)~~(T) "Repurchase agreement" has the same meaning as in the	68679
federal "Deposit Insurance Act," 64 Stat. 884, 12 U.S.C.	68680
1821(e)(8)(D), as now and hereafter amended.	68681

(U) "Secured claim" means any claim secured by mortgage,	68682
trust deed, security agreement, pledge, deposit as security,	68683
escrow, or otherwise, but not including special deposit claims or	68684
claims against assets. The term also includes claims which have	68685
become liens upon specific assets by reason of judicial process.	68686

~~(P)~~(V) "Securities contract" has the same meaning as in the	68687
federal "Deposit Insurance Act," 64 Stat. 884, 12 U.S.C.	68688
1821(e)(8)(D), as now and hereafter amended.	68689

(W) "Special deposit claim" means any claim secured by a	68690
deposit made pursuant to statute for the security or benefit of a	68691
limited class or classes of persons, but not including any claim	68692
secured by assets.	68693

~~(Q)~~(X) "State" has the meaning set forth in division (G) of	68694
section 1.59 of the Revised Code.	68695

~~(R)~~(Y) "Superintendent" or "superintendent of insurance"	68696
means the superintendent of insurance of this state, or, when the	68697
context requires, the superintendent or commissioner of insurance,	68698
or equivalent official, of another state.	68699

~~(S)~~(Z) "Swap agreement" has the same meaning as in the	68700
federal "Deposit Insurance Act," 64 Stat. 884, 12 U.S.C.	68701
1821(e)(8)(D), as now and hereafter amended.	68702

(AA) "Transfer" includes the sale and every other and	68703
different mode, direct or indirect, of disposing of or of parting	68704
with property or with an interest in property, or with the	68705
possession of property or of fixing a lien upon property or upon	68706
an interest in property, absolutely or conditionally, voluntarily,	68707
or by or without judicial proceedings. The retention of a security	68708
title to property delivered to a debtor shall be deemed a transfer	68709
suffered by the debtor.	68710

Sec. 3903.301. (A) Notwithstanding any other provision under	68711
sections 3903.01 to 3903.59 of the Revised Code, no person shall	68712
be stayed or prohibited from exercising any of the following	68713
rights:	68714

(1) A contractual right to cause the termination,	68715
liquidation, acceleration, or close out of obligations under, or	68716
in connection with, a netting agreement or qualified financial	68717
contract with an insurer because of either of the following:	68718

(a) The insolvency, financial condition, or default of the	68719
insurer at any time;	68720

(b) The commencement of a formal delinquency proceeding under	68721
sections 3903.01 to 3903.59 of the Revised Code.	68722

(2) Any right under a pledge, security, collateral,	68723
reimbursement, or guarantee agreement or arrangement or any	68724
similar security arrangement or credit enhancement relating to a	68725
netting agreement or qualified financial contract;	68726

(3) Subject to section 3903.30 of the Revised Code, any right	68727
to set off or net out any termination value, payment amount, or	68728
other transfer obligation arising under or in connection with a	68729
qualified financial contract in which the counterparty or its	68730
guarantor is organized under the laws of the United States, a	68731
state, or a foreign jurisdiction that the securities valuation	68732
office of the national association of insurance commissioners	68733
approves as eligible for netting.	68734

(B) If a counterparty to a netting agreement or qualified	68735
financial contract with an insurer that is subject to a proceeding	68736
under sections 3903.01 to 3903.59 of the Revised Code terminates,	68737
liquidates, accelerates, or closes out the agreement or contract,	68738
damages shall be measured as of the date or dates of the	68739
termination, liquidation, acceleration, or close out. The amount	68740
of a claim for damages shall be actual direct compensatory	68741
damages.	68742

(C) Upon termination of a netting agreement or qualified	68743
financial contract, any net or settlement amount that a	68744
nondefaulting party owes to an insurer against which an	68745
application or petition has been filed under sections 3903.01 to	68746
3903.59 of the Revised Code shall be transferred to, or on the	68747
order of, the receiver for the insurer.	68748

This division applies regardless of whether the insurer is	68749
the defaulting party and applies notwithstanding any walkaway	68750
clause in the netting agreement or qualified financial contract.	68751

For purposes of this division, a limited two-way payment or	68752
first method provision in a netting agreement or qualified	68753
financial contract with a defaulting insurer shall be deemed to be	68754
a full two-way payment or second method provision as against the	68755
defaulting insurer.	68756

Any property or amount transferred under this division shall	68757
be a general asset of the insurer except to the extent it is	68758
subject to a secondary lien or encumbrance, or to rights of	68759
netting or setoff.	68760

(D) In transferring a netting agreement or qualified	68761
financial contract of an insurer that is subject to a proceeding	68762
under sections 3903.01 to 3903.59 of the Revised Code, the	68763
receiver shall do either of the following:	68764

(1) Transfer to one party, other than an insurer subject to a	68765
proceeding under sections 3903.01 to 3903.59 of the Revised Code,	68766
all netting agreements and qualified financial contracts between a	68767
counterparty, or any affiliate of the counterparty, and the	68768
insurer that is the subject of the proceeding. The transfer shall	68769
include all rights and obligations of each party under each	68770
netting agreement and qualified financial contract, and all	68771
property, including any guarantees or other credit enhancement,	68772
securing any claims of the parties under each agreement or	68773
contract.	68774

(2) Transfer none of the netting agreements or qualified	68775
financial contracts, including the rights, obligations, and	68776
property associated with those agreements and contracts as	68777
described in division (D)(1) of this section, with respect to the	68778
counterparty and any affiliate of the counterparty.	68779

(E) If a receiver transfers a netting agreement or qualified	68780
financial contract, the receiver shall use its best efforts to	68781
notify any person who is a party to the transferred agreement or	68782
contract of the transfer by noon, of the receiver's local time, on	68783
the business day following the transfer.	68784

(F)(1) Notwithstanding any other provision of sections	68785
3903.01 to 3903.59 of the Revised Code and except as otherwise	68786
provided in division (F)(2) of this section, a receiver shall not	68787
avoid a transfer of money or other property that is made before	68788
the commencement of a formal delinquency proceeding under sections	68789
3903.01 to 3903.59 of the Revised Code and that arises under or in	68790
connection with either of the following:	68791

(a) A netting agreement or qualified financial contract;

68792

(b) Any pledge, security, collateral, or guarantee agreement	68793
or other similar security arrangement or credit support document	68794
relating to a netting agreement or qualified financial contract.	68795

(2) A receiver may avoid a transfer under sections 3903.26 to	68796
3903.28 of the Revised Code if the transfer was made with actual	68797
intent to hinder, delay, or defraud the insurer, a receiver	68798
appointed for the insurer, or existing or future creditors.	68799

(G)(1) In exercising any right of disaffirmance or	68800
repudiation with respect to a netting agreement or qualified	68801
financial contract to which an insurer is a party, the receiver	68802
for the insurer shall do either of the following:	68803

(a) Disaffirm or repudiate all netting agreements and	68804
qualified financial contracts between the insurer and a	68805
counterparty or any affiliate of the counterparty;	68806

(b) Disaffirm or repudiate none of those netting agreements	68807
or qualified financial contracts with respect to the counterparty	68808
or any affiliate of the counterparty.	68809

(2) Notwithstanding any other provision of sections 3903.01	68810
to 3903.59 of the Revised Code, if a counterparty's claim against	68811
the estate of the insurer arising from the receiver's	68812
disaffirmance or repudiation of a netting agreement or qualified	68813
financial contract has not been previously affirmed in the	68814
liquidation or immediately preceding conservation or	68815
rehabilitation case, that claim shall be considered as if it had	68816
arisen before the filing date of the petition for liquidation. If	68817
a conservation or rehabilitation proceeding is converted to a	68818
liquidation proceeding, that claim shall be considered as if it	68819
had arisen before the filing date of the petition for conservation	68820
or rehabilitation. The amount of the claim shall be the actual	68821
direct compensatory damages determined as of the date of the	68822
disaffirmance or repudiation.	68823

(H) All rights of a counterparty under sections 3903.01 to	68824
3903.59 of the Revised Code shall apply to netting agreements and	68825
qualified financial contracts entered into on behalf of the	68826
general account or separate accounts if the assets of each	68827
separate account are available only to counterparties to netting	68828
agreements and qualified financial contracts entered into on	68829
behalf of that separate account.	68830

(I) This section shall not apply to the affiliates of an	68831
insurer that is the subject of a formal delinquency proceeding	68832
under sections 3903.01 to 3903.59 of the Revised Code.	68833

(J) As used in this section:

68834

(1) "Actual direct compensatory damages" includes normal and	68835
reasonable costs of cover or other reasonable measures of damages	68836
utilized in the derivatives, securities, or other market for the	68837
contract and agreement claims. "Actual direct compensatory	68838
damages" does not include punitive or exemplary damages, damages	68839
for lost profit or lost opportunity, or damages for pain and	68840
suffering.	68841

(2) "Business day" means any day, excluding Saturday, Sunday,	68842
and any day on which the New York stock exchange or the federal	68843
reserve bank of New York is closed.	68844

(3) "Contractual right" includes any of the following:

68845

(a) Any right set forth in a rule or bylaw of a derivatives	68846
clearing organization, as defined in the "Commodity Exchange Act,"	68847
7 U.S.C. 1a(9)(A), as amended; a multilateral clearing	68848
organization; a national securities exchange; a national	68849
securities association; a securities clearing agency; a contract	68850
market designated under the "Commodity Exchange Act," 7 U.S.C. 1	68851
et seq., as amended; a derivatives transaction execution facility,	68852
including a swap execution facility, registered under the	68853
"Commodity Exchange Act," 7 U.S.C. 1 et seq., as amended; a	68854
security-based swap execution facility registered under the	68855
"Securities Exchange Act of 1934," 15 U.S.C. 78a et seq., as	68856
amended; or a board of trade, as defined in the "Commodity	68857
Exchange Act," 7 U.S.C. 1a(2);	68858

(b) Any right set forth in a resolution of the governing	68859
board of any entity listed in division (J)(3)(a) of this section;	68860

(c) Any right, regardless of whether evidenced in writing,	68861
arising under statutory law, common law, or law merchant, or by	68862
reason of normal business practice.	68863

(4) "Receiver" means a receiver, conservator, rehabilitator,	68864
or liquidator, as applicable.	68865

(5) "Walkaway clause" means a provision under which a party	68866
to a netting agreement or qualified financial contract that, after	68867
calculation of a value of a party's position or an amount due to	68868
or from one of the parties in accordance with its terms upon	68869
termination, liquidation, or acceleration of the netting agreement	68870
or qualified financial contract is not obligated to pay or does	68871
not have a payment obligation extinguished under the agreement or	68872
contract, in whole or in part, solely because the party is a	68873
nondefaulting party.	68874

Sec. 3923.28. (A) Every policy of group sickness and	68875
accident insurance providing hospital, surgical, or medical	68876
expense coverage for other than specific diseases or accidents	68877
only, and delivered, issued for delivery, or renewed in this state	68878
on or after January 1, 1979, and that provides coverage for mental	68879
or emotional disorders, shall provide benefits for services on an	68880
outpatient basis for each eligible person under the policy who	68881
resides in this state for mental or emotional disorders, or for	68882
evaluations, that are at least equal to five hundred fifty dollars	68883
in any calendar year or twelve-month period. The services shall be	68884
legally performed by or under the clinical supervision of a	68885
physician authorized under Chapter 4731. of the Revised Code to	68886
practice medicine and surgery or osteopathic medicine and surgery;	68887
a psychologist licensed under Chapter 4732. of the Revised Code; a	68888
professional clinical counselor, professional counselor, or	68889
independent social worker licensed under Chapter 4757. of the	68890
Revised Code; or a clinical nurse specialist licensed under	68891
Chapter 4723. of the Revised Code whose nursing specialty is	68892
mental health, whether performed in an office, in a hospital, or	68893
in a community mental health facility so long as the hospital or	68894
community mental health facility is approved by the joint	68895
commission on accreditation of healthcare organizations, the	68896
council on accreditation for children and family services, or the	68897
rehabilitation accreditation commission~~, or, until two years after~~	68898
~~June 6, 2001, certified by the department of mental health as~~	68899
~~being in compliance with standards established under division (H)~~	68900
~~of section 5119.01 of the Revised Code~~.	68901

(B) Outpatient benefits offered under division (A) of this	68902
section shall be subject to reasonable contract limitations and	68903
may be subject to reasonable deductibles and co-insurance costs.	68904
Persons entitled to such benefit under more than one service or	68905
insurance contract may be limited to a single	68906
five-hundred-fifty-dollar outpatient benefit for services under	68907
all contracts.	68908

(C) In order to qualify for participation under division (A)	68909
of this section, every facility specified in such division shall	68910
have in effect a plan for utilization review and a plan for peer	68911
review and every person specified in such division shall have in	68912
effect a plan for peer review. Such plans shall have the purpose	68913
of ensuring high quality patient care and effective and efficient	68914
utilization of available health facilities and services.	68915

(D) Nothing in this section shall be construed to require an	68916
insurer to pay benefits which are greater than usual, customary,	68917
and reasonable.	68918

(E)(1) Services performed under the clinical supervision of a	68919
health care professional identified in division (A) of this	68920
section, in order to be reimbursable under the coverage required	68921
in division (A) of this section, shall meet both of the following	68922
requirements:	68923

(a) The services shall be performed in accordance with a	68924
treatment plan that describes the expected duration, frequency,	68925
and type of services to be performed;	68926

(b) The plan shall be reviewed and approved by the health	68927
care professional every three months.	68928

(2) Payment of benefits for services reimbursable under	68929
division (E)(1) of this section shall not be restricted to	68930
services described in the treatment plan or conditioned upon	68931
standards of clinical supervision that are more restrictive than	68932
standards of a health care professional described in division (A)	68933
of this section, which at least equal the requirements of division	68934
(E)(1) of this section.	68935

(F) The benefits provided by this section for mental and	68936
emotional disorders shall not be reduced by the cost of benefits	68937
provided pursuant to section 3923.281 of the Revised Code for	68938
diagnostic and treatment services for biologically based mental	68939
illnesses. This section does not apply to benefits for diagnostic	68940
and treatment services for biologically based mental illnesses.	68941

Sec. 3923.281. (A) As used in this section:

68942

(1) "Biologically based mental illness" means schizophrenia,	68943
schizoaffective disorder, major depressive disorder, bipolar	68944
disorder, paranoia and other psychotic disorders,	68945
obsessive-compulsive disorder, and panic disorder, as these terms	68946
are defined in the most recent edition of the diagnostic and	68947
statistical manual of mental disorders published by the American	68948
psychiatric association.	68949

(2) "Policy of sickness and accident insurance" has the same	68950
meaning as in section 3923.01 of the Revised Code, but excludes	68951
any hospital indemnity, medicare supplement, long-term care,	68952
disability income, one-time-limited-duration policy of not longer	68953
than six months, supplemental benefit, or other policy that	68954
provides coverage for specific diseases or accidents only; any	68955
policy that provides coverage for workers' compensation claims	68956
compensable pursuant to Chapters 4121. and 4123. of the Revised	68957
Code; and any policy that provides coverage to beneficiaries	68958
enrolled in Title XIX of the "Social Security Act," 49 Stat. 620	68959
(1935), 42 U.S.C.A. 301, as amended, known as the medical	68960
assistance program or medicaid, as provided by the Ohio department	68961
of job and family services under Chapter 5111. of the Revised	68962
Code~~; and any policy that provides coverage to beneficiaries~~	68963
~~enrolled in the children's buy-in program established under~~	68964
~~sections 5101.5211 to 5101.5216 of the Revised Code~~.	68965

(B) Notwithstanding section 3901.71 of the Revised Code, and	68966
subject to division (E) of this section, every policy of sickness	68967
and accident insurance shall provide benefits for the diagnosis	68968
and treatment of biologically based mental illnesses on the same	68969
terms and conditions as, and shall provide benefits no less	68970
extensive than, those provided under the policy of sickness and	68971
accident insurance for the treatment and diagnosis of all other	68972
physical diseases and disorders, if both of the following apply:	68973

(1) The biologically based mental illness is clinically	68974
diagnosed by a physician authorized under Chapter 4731. of the	68975
Revised Code to practice medicine and surgery or osteopathic	68976
medicine and surgery; a psychologist licensed under Chapter 4732.	68977
of the Revised Code; a professional clinical counselor,	68978
professional counselor, or independent social worker licensed	68979
under Chapter 4757. of the Revised Code; or a clinical nurse	68980
specialist licensed under Chapter 4723. of the Revised Code whose	68981
nursing specialty is mental health.	68982

(2) The prescribed treatment is not experimental or	68983
investigational, having proven its clinical effectiveness in	68984
accordance with generally accepted medical standards.	68985

(C) Division (B) of this section applies to all coverages and	68986
terms and conditions of the policy of sickness and accident	68987
insurance, including, but not limited to, coverage of inpatient	68988
hospital services, outpatient services, and medication; maximum	68989
lifetime benefits; copayments; and individual and family	68990
deductibles.	68991

(D) Nothing in this section shall be construed as prohibiting	68992
a sickness and accident insurance company from taking any of the	68993
following actions:	68994

(1) Negotiating separately with mental health care providers	68995
with regard to reimbursement rates and the delivery of health care	68996
services;	68997

(2) Offering policies that provide benefits solely for the	68998
diagnosis and treatment of biologically based mental illnesses;	68999

(3) Managing the provision of benefits for the diagnosis or	69000
treatment of biologically based mental illnesses through the use	69001
of pre-admission screening, by requiring beneficiaries to obtain	69002
authorization prior to treatment, or through the use of any other	69003
mechanism designed to limit coverage to that treatment determined	69004
to be necessary;	69005

(4) Enforcing the terms and conditions of a policy of	69006
sickness and accident insurance.	69007

(E) An insurer that offers any policy of sickness and	69008
accident insurance is not required to provide benefits for the	69009
diagnosis and treatment of biologically based mental illnesses	69010
pursuant to division (B) of this section if all of the following	69011
apply:	69012

(1) The insurer submits documentation certified by an	69013
independent member of the American academy of actuaries to the	69014
superintendent of insurance showing that incurred claims for	69015
diagnostic and treatment services for biologically based mental	69016
illnesses for a period of at least six months independently caused	69017
the insurer's costs for claims and administrative expenses for the	69018
coverage of all other physical diseases and disorders to increase	69019
by more than one per cent per year.	69020

(2) The insurer submits a signed letter from an independent	69021
member of the American academy of actuaries to the superintendent	69022
of insurance opining that the increase described in division	69023
(E)(1) of this section could reasonably justify an increase of	69024
more than one per cent in the annual premiums or rates charged by	69025
the insurer for the coverage of all other physical diseases and	69026
disorders.	69027

(3) The superintendent of insurance makes the following	69028
determinations from the documentation and opinion submitted	69029
pursuant to divisions (E)(1) and (2) of this section:	69030

(a) Incurred claims for diagnostic and treatment services for	69031
biologically based mental illnesses for a period of at least six	69032
months independently caused the insurer's costs for claims and	69033
administrative expenses for the coverage of all other physical	69034
diseases and disorders to increase by more than one per cent per	69035
year.	69036

(b) The increase in costs reasonably justifies an increase of	69037
more than one per cent in the annual premiums or rates charged by	69038
the insurer for the coverage of all other physical diseases and	69039
disorders.	69040

Any determination made by the superintendent under this	69041
division is subject to Chapter 119. of the Revised Code.	69042

Sec. 3923.30. Every person, the state and any of its	69043
instrumentalities, any county, township, school district, or other	69044
political subdivisions and any of its instrumentalities, and any	69045
municipal corporation and any of its instrumentalities, which	69046
provides payment for health care benefits for any of its employees	69047
resident in this state, which benefits are not provided by	69048
contract with an insurer qualified to provide sickness and	69049
accident insurance, or a health insuring corporation, shall	69050
include the following benefits in its plan of health care benefits	69051
commencing on or after January 1, 1979:	69052

(A) If such plan of health care benefits provides payment for	69053
the treatment of mental or nervous disorders, then such plan shall	69054
provide benefits for services on an outpatient basis for each	69055
eligible employee and dependent for mental or emotional disorders,	69056
or for evaluations, that are at least equal to the following:	69057

(1) Payments not less than five hundred fifty dollars in a	69058
twelve-month period, for services legally performed by or under	69059
the clinical supervision of a physician authorized under Chapter	69060
4731. of the Revised Code to practice medicine and surgery or	69061
osteopathic medicine and surgery; a psychologist licensed under	69062
Chapter 4732. of the Revised Code; a professional clinical	69063
counselor, professional counselor, or independent social worker	69064
licensed under Chapter 4757. of the Revised Code; or a clinical	69065
nurse specialist licensed under Chapter 4723. of the Revised Code	69066
whose nursing specialty is mental health, whether performed in an	69067
office, in a hospital, or in a community mental health facility so	69068
long as the hospital or community mental health facility is	69069
approved by the joint commission on accreditation of healthcare	69070
organizations, the council on accreditation for children and	69071
family services, or the rehabilitation accreditation commission,	69072
~~or, until two years after June 6, 2001, certified by the~~	69073
~~department of mental health as being in compliance with standards~~	69074
~~established under division (H) of section 5119.01 of the Revised~~	69075
~~Code~~;	69076

(2) Such benefit shall be subject to reasonable limitations,	69077
and may be subject to reasonable deductibles and co-insurance	69078
costs.	69079

(3) In order to qualify for participation under this	69080
division, every facility specified in this division shall have in	69081
effect a plan for utilization review and a plan for peer review	69082
and every person specified in this division shall have in effect a	69083
plan for peer review. Such plans shall have the purpose of	69084
ensuring high quality patient care and effective and efficient	69085
utilization of available health facilities and services.	69086

(4) Such payment for benefits shall not be greater than	69087
usual, customary, and reasonable.	69088

(5)(a) Services performed by or under the clinical	69089
supervision of a health care professional identified in division	69090
(A)(1) of this section, in order to be reimbursable under the	69091
coverage required in division (A) of this section, shall meet both	69092
of the following requirements:	69093

(i) The services shall be performed in accordance with a	69094
treatment plan that describes the expected duration, frequency,	69095
and type of services to be performed;	69096

(ii) The plan shall be reviewed and approved by the health	69097
care professional every three months.	69098

(b) Payment of benefits for services reimbursable under	69099
division (A)(5)(a) of the section shall not be restricted to	69100
services described in the treatment plan or conditioned upon	69101
standards of a licensed physician or licensed psychologist, which	69102
at least equal the requirements of division (A)(5)(a) of this	69103
section.	69104

(B) Payment for benefits for alcoholism treatment for	69105
outpatient, inpatient, and intermediate primary care for each	69106
eligible employee and dependent that are at least equal to the	69107
following:	69108

(1) Payments not less than five hundred fifty dollars in a	69109
twelve-month period for services legally performed by or under the	69110
clinical supervision of a health care professional identified in	69111
division (A)(1) of this section, whether performed in an office,	69112
or in a hospital or a community mental health facility or	69113
alcoholism treatment facility so long as the hospital, community	69114
mental health facility, or alcoholism treatment facility is	69115
approved by the joint commission on accreditation of hospitals or	69116
certified by the department of health;	69117

(2) The benefits provided under this division shall be	69118
subject to reasonable limitations and may be subject to reasonable	69119
deductibles and co-insurance costs.	69120

(3) A health care professional shall every three months	69121
certify a patient's need for continued services performed by such	69122
facilities.	69123

(4) In order to qualify for participation under this	69124
division, every facility specified in this division shall have in	69125
effect a plan for utilization review and a plan for peer review	69126
and every person specified in this division shall have in effect a	69127
plan for peer review. Such plans shall have the purpose of	69128
ensuring high quality patient care and efficient utilization of	69129
available health facilities and services. Such person or	69130
facilities shall also have in effect a program of rehabilitation	69131
or a program of rehabilitation and detoxification.	69132

(5) Nothing in this section shall be construed to require	69133
reimbursement for benefits which is greater than usual, customary,	69134
and reasonable.	69135

(C) The benefits provided by division (A) of this section for	69136
mental and emotional disorders shall not be reduced by the cost of	69137
benefits provided pursuant to section 3923.282 of the Revised Code	69138
for diagnostic and treatment services for biologically based	69139
mental illness. This section does not apply to benefits for	69140
diagnostic and treatment services for biologically based mental	69141
illnesses.	69142

Sec. 3924.10. (A) The board of directors of the Ohio health	69143
reinsurance program may make recommendations to the superintendent	69144
of insurance, and the superintendent may adopt or amend by rule	69145
adopted in accordance with Chapter 119. of the Revised Code, the	69146
OHC basic, standard, and carrier reimbursement plans which, when	69147
offered by a carrier, are eligible for reinsurance under the	69148
program. The superintendent shall establish the form and level of	69149
coverage to be made available by carriers in their OHC plans. The	69150
plans shall include benefit levels, deductibles, coinsurance	69151
factors, exclusions, and limitations for the plans. The forms and	69152
levels of coverage shall specify which components of health	69153
benefit plans offered by a carrier may be reinsured. The OHC plans	69154
are subject to division (C) of section 3924.02 of the Revised Code	69155
and to the provisions in Chapters 1751., 1753., 3923., and any	69156
other chapter of the Revised Code that require coverage or the	69157
offer of coverage of a health care service or benefit.	69158

(B) Prior to adopting any rule that makes changes to the OHC	69159
basic or standard plan, the superintendent shall conduct an	69160
actuarial analysis of the cost impact of the proposed rule. ~~The~~	69161
~~superintendent may consider recommendations of the Ohio health~~	69162
~~care coverage and quality council established under section~~	69163
~~3923.90 of the Revised Code.~~ The plans may include cost	69164
containment features including any of the following:	69165

(1) Utilization review of health care services, including	69166
review of the medical necessity of hospital and physician	69167
services;	69168

(2) Case management benefit alternatives;

69169

(3) Selective contracting with hospitals, physicians, and	69170
other health care providers;	69171

(4) Reasonable benefit differentials applicable to	69172
participating and nonparticipating providers;	69173

(5) Employee assistance program options that provide	69174
preventive and early intervention mental health and substance	69175
abuse services;	69176

(6) Other provisions for the cost-effective management of the	69177
plans.	69178

(C) OHC plans established for use by health insuring	69179
corporations shall be consistent with the basic method of	69180
operation of such corporations.	69181

(D) Each carrier shall certify to the superintendent of	69182
insurance, in the form and manner prescribed by the	69183
superintendent, that the OHC plans filed by the carrier are in	69184
substantial compliance with the provisions of the OHC plans	69185
designed or adopted under this section. Upon receipt by the	69186
superintendent of the certification, the carrier may use the	69187
certified plans.	69188

(E) Each carrier shall, on and after sixty days after the	69189
date that the program becomes operational and as a condition of	69190
transacting business in this state, renew coverage provided to any	69191
individual or group under its OHC plans.	69192

(F) The OHC plans in effect as of June 1, 2009, shall remain	69193
in effect until those plans are amended or new plans are adopted	69194
in accordance with this section.	69195

Sec. 3963.01. As used in this chapter:

69196

(A) "Affiliate" means any person or entity that has ownership	69197
or control of a contracting entity, is owned or controlled by a	69198
contracting entity, or is under common ownership or control with a	69199
contracting entity.	69200

(B) "Basic health care services" has the same meaning as in	69201
division (A) of section 1751.01 of the Revised Code, except that	69202
it does not include any services listed in that division that are	69203
provided by a pharmacist or nursing home.	69204

(C) "Contracting entity" means any person that has a primary	69205
business purpose of contracting with participating providers for	69206
the delivery of health care services.	69207

(D) "Credentialing" means the process of assessing and	69208
validating the qualifications of a provider applying to be	69209
approved by a contracting entity to provide basic health care	69210
services, specialty health care services, or supplemental health	69211
care services to enrollees.	69212

(E) "Edit" means adjusting one or more procedure codes billed	69213
by a participating provider on a claim for payment or a practice	69214
that results in any of the following:	69215

(1) Payment for some, but not all of the procedure codes	69216
originally billed by a participating provider;	69217

(2) Payment for a different procedure code than the procedure	69218
code originally billed by a participating provider;	69219

(3) A reduced payment as a result of services provided to an	69220
enrollee that are claimed under more than one procedure code on	69221
the same service date.	69222

(F) "Electronic claims transport" means to accept and	69223
digitize claims or to accept claims already digitized, to place	69224
those claims into a format that complies with the electronic	69225
transaction standards issued by the United States department of	69226
health and human services pursuant to the "Health Insurance	69227
Portability and Accountability Act of 1996," 110 Stat. 1955, 42	69228
U.S.C. 1320d, et seq., as those electronic standards are	69229
applicable to the parties and as those electronic standards are	69230
updated from time to time, and to electronically transmit those	69231
claims to the appropriate contracting entity, payer, or	69232
third-party administrator.	69233

(G) "Enrollee" means any person eligible for health care	69234
benefits under a health benefit plan, including an eligible	69235
recipient of medicaid under Chapter 5111. of the Revised Code, and	69236
includes all of the following terms:	69237

(1) "Enrollee" and "subscriber" as defined by section 1751.01	69238
of the Revised Code;	69239

(2) "Member" as defined by section 1739.01 of the Revised	69240
Code;	69241

(3) "Insured" and "plan member" pursuant to Chapter 3923. of	69242
the Revised Code;	69243

(4) "Beneficiary" as defined by section 3901.38 of the	69244
Revised Code.	69245

(H) "Health care contract" means a contract entered into,	69246
materially amended, or renewed between a contracting entity and a	69247
participating provider for the delivery of basic health care	69248
services, specialty health care services, or supplemental health	69249
care services to enrollees.	69250

(I) "Health care services" means basic health care services,	69251
specialty health care services, and supplemental health care	69252
services.	69253

(J) "Material amendment" means an amendment to a health care	69254
contract that decreases the participating provider's payment or	69255
compensation, changes the administrative procedures in a way that	69256
may reasonably be expected to significantly increase the	69257
provider's administrative expenses, or adds a new product. A	69258
material amendment does not include any of the following:	69259

(1) A decrease in payment or compensation resulting solely	69260
from a change in a published fee schedule upon which the payment	69261
or compensation is based and the date of applicability is clearly	69262
identified in the contract;	69263

(2) A decrease in payment or compensation that was	69264
anticipated under the terms of the contract, if the amount and	69265
date of applicability of the decrease is clearly identified in the	69266
contract;	69267

(3) An administrative change that may significantly increase	69268
the provider's administrative expense, the specific applicability	69269
of which is clearly identified in the contract;	69270

(4) Changes to an existing prior authorization,	69271
precertification, notification, or referral program that do not	69272
substantially increase the provider's administrative expense;	69273

(5) Changes to an edit program or to specific edits if the	69274
participating provider is provided notice of the changes pursuant	69275
to division (A)(1) of section 3963.04 of the Revised Code and the	69276
notice includes information sufficient for the provider to	69277
determine the effect of the change;	69278

(6) Changes to a health care contract described in division	69279
(B) of section 3963.04 of the Revised Code.	69280

(K) "Participating provider" means a provider that has a	69281
health care contract with a contracting entity and is entitled to	69282
reimbursement for health care services rendered to an enrollee	69283
under the health care contract.	69284

(L) "Payer" means any person that assumes the financial risk	69285
for the payment of claims under a health care contract or the	69286
reimbursement for health care services provided to enrollees by	69287
participating providers pursuant to a health care contract.	69288

(M) "Primary enrollee" means a person who is responsible for	69289
making payments for participation in a health care plan or an	69290
enrollee whose employment or other status is the basis of	69291
eligibility for enrollment in a health care plan.	69292

(N) "Procedure codes" includes the American medical	69293
association's current procedural terminology code, the American	69294
dental association's current dental terminology, and the centers	69295
for medicare and medicaid services health care common procedure	69296
coding system.	69297

(O) "Product" means one of the following types of categories	69298
of coverage for which a participating provider may be obligated to	69299
provide health care services pursuant to a health care contract:	69300

(1) A health maintenance organization or other product	69301
provided by a health insuring corporation;	69302

(2) A preferred provider organization;

69303

(3) Medicare;

69304

(4) Medicaid ~~or the children's buy-in program established~~	69305
~~under section 5101.5211 to 5101.5216 of the Revised Code~~;	69306

(5) Workers' compensation.

69307

(P) "Provider" means a physician, podiatrist, dentist,	69308
chiropractor, optometrist, psychologist, physician assistant,	69309
advanced practice nurse, occupational therapist, massage	69310
therapist, physical therapist, professional counselor,	69311
professional clinical counselor, hearing aid dealer, orthotist,	69312
prosthetist, home health agency, hospice care program, or	69313
hospital, or a provider organization or physician-hospital	69314
organization that is acting exclusively as an administrator on	69315
behalf of a provider to facilitate the provider's participation in	69316
health care contracts. "Provider" does not mean a pharmacist,	69317
pharmacy, nursing home, or a provider organization or	69318
physician-hospital organization that leases the provider	69319
organization's or physician-hospital organization's network to a	69320
third party or contracts directly with employers or health and	69321
welfare funds.	69322

(Q) "Specialty health care services" has the same meaning as	69323
in section 1751.01 of the Revised Code, except that it does not	69324
include any services listed in division (B) of section 1751.01 of	69325
the Revised Code that are provided by a pharmacist or a nursing	69326
home.	69327

(R) "Supplemental health care services" has the same meaning	69328
as in division (B) of section 1751.01 of the Revised Code, except	69329
that it does not include any services listed in that division that	69330
are provided by a pharmacist or nursing home.	69331

Sec. 3963.11. (A) No contracting entity shall do any of the	69332
following:	69333

(1) Offer to a provider ~~other than a hospital~~ a health care	69334
contract that includes a most favored nation clause;	69335

(2) Enter into a health care contract with a provider ~~other~~	69336
~~than a hospital~~ that includes a most favored nation clause;	69337

(3) Amend or renew an existing health care contract	69338
previously entered into with a provider ~~other than a hospital~~so	69339
that the contract as amended or renewed adds or continues to	69340
include a most favored nation clause.	69341

~~(B) This section shall not go into effect until three years~~	69342
~~after the effective date of this section.~~	69343

~~(C)~~(B) As used in this section:

69344

(1) "Contracting entity," "health care contract," "health	69345
care services," "participating provider," and "provider" have the	69346
same meanings as in section 3963.01 of the Revised Code.	69347

(2) "Most favored nation clause" means a provision in a	69348
health care contract that does any of the following:	69349

(a) Prohibits, or grants a contracting entity an option to	69350
prohibit, the participating provider from contracting with another	69351
contracting entity to provide health care services at a lower	69352
price than the payment specified in the contract;	69353

(b) Requires, or grants a contracting entity an option to	69354
require, the participating provider to accept a lower payment in	69355
the event the participating provider agrees to provide health care	69356
services to any other contracting entity at a lower price;	69357

(c) Requires, or grants a contracting entity an option to	69358
require, termination or renegotiation of the existing health care	69359
contract in the event the participating provider agrees to provide	69360
health care services to any other contracting entity at a lower	69361
price;	69362

(d) Requires the participating provider to disclose the	69363
participating provider's contractual reimbursement rates with	69364
other contracting entities.	69365

Sec. 4113.11. (A) As specified in division (B) of this	69366
section and except as provided in divisions (C) and ~~(F)~~(E) of this	69367
section, all employers that employ ten or more employees shall	69368
adopt and maintain a cafeteria plan that allows the employer's	69369
employees to pay for health insurance coverage by a salary	69370
reduction arrangement as permitted under section 125 of the	69371
Internal Revenue Code.	69372

(B) Employers shall comply with the requirements of division	69373
(A) of this section as follows:	69374

(1) For employers that employ more than five hundred	69375
employees, by not later than January 1, 2011, or six months after	69376
the superintendent of insurance adopts rules as required by	69377
division ~~(E)~~(D) of this section, whichever is later;	69378

(2) For employers that employ one hundred fifty to five	69379
hundred employees, by not later than July 1, 2011, or twelve	69380
months after the superintendent adopts rules as required by	69381
division ~~(E)~~(D) of this section, whichever is later;	69382

(3) For employers that employ ten to one hundred forty-nine	69383
employees, by not later than January 1, 2012, or eighteen months	69384
after the superintendent adopts rules as required by division	69385
~~(E)~~(D) of this section, whichever is later.	69386

(C) This section shall not apply to employers that, through	69387
other means than provided under this section, offer health	69388
insurance coverage, reimburse for health insurance coverage, or	69389
provide employees with opportunities to pay for health insurance	69390
with pre-tax dollars through other salary reduction arrangements.	69391

(D) ~~The health care coverage and quality council created~~	69392
~~under section 3923.90 of the Revised Code shall make~~	69393
~~recommendations to the superintendent for both of the following:~~	69394

~~(1) Development of strategies to educate, assist, and conduct~~	69395
~~outreach to employers to simplify administrative processes with~~	69396
~~respect to creating and maintaining cafeteria plans, including,~~	69397
~~but not limited to, providing employers with model cafeteria plan~~	69398
~~documents and technical assistance on creating and maintaining~~	69399
~~cafeteria plans that conform with state and federal law;~~	69400

~~(2) Development of strategies to educate, assist, and conduct~~	69401
~~outreach to employees with respect to finding, selecting, and~~	69402
~~purchasing a health insurance plan to be paid for through their~~	69403
~~employer's cafeteria plan under this section.~~	69404

~~(E)~~(1) The superintendent shall adopt rules in accordance	69405
with Chapter 119. of the Revised Code to implement and enforce	69406
this section~~, including the strategies recommended by the council~~	69407
~~pursuant to division (D) of this section~~.	69408

(2) Prior to adopting rules under this division, the	69409
superintendent shall consult any federal agency that has oversight	69410
of cafeteria plans and employee welfare benefit plans, including	69411
the internal revenue service and the United States department of	69412
labor, and receive written confirmation that the rules adopted	69413
will permit employers to establish cafeteria plans in accordance	69414
with federal law. The written confirmation shall include a	69415
determination that individual policies purchased pursuant to this	69416
section do not need to comply with the group market rules	69417
established by the "Health Insurance Portability and	69418
Accountability Act of 1996."	69419

~~(F)~~(E) The requirement provided in division (A) of this	69420
section does not apply if the superintendent does not receive	69421
written confirmation pursuant to division ~~(E)~~(D)(2) of this	69422
section that individual policies purchased pursuant to this	69423
section do not need to comply with the group market rules	69424
established by the "Health Insurance Portability and	69425
Accountability Act of 1996."	69426

~~(G)~~(F) Nothing in this section shall be construed as	69427
requiring an employer to establish a cafeteria plan in a manner	69428
that would violate federal law, including the "Employee Retirement	69429
Income Security Act of 1974," the "Consolidated Omnibus Budget	69430
Reconciliation Act of 1985," or the "Health Insurance Portability	69431
and Accountability Act of 1996."	69432

~~(H)~~(G) As used in this section:

69433

(1) "Cafeteria plan" has the same meaning as in section 125	69434
of the Internal Revenue Code.	69435

(2) "Employer" has the same meaning as in section 4113.51 of	69436
the Revised Code.	69437

(3) "Employee" means an individual employed for consideration	69438
who works twenty-five or more hours per week or who renders any	69439
other standard of service generally accepted by custom or	69440
specified by contract as full-time employment, except for a public	69441
employee employed by a township or municipal corporation. In that	69442
case, "employee" means an individual hired with the expectation	69443
that the employee will work more than one thousand five hundred	69444
hours in any year unless full-time employment is defined	69445
differently in an applicable collective bargaining agreement.	69446

Sec. 4113.61. (A)(1) If a subcontractor or material supplier	69447
submits an application or request for payment or an invoice for	69448
materials to a contractor in sufficient time to allow the	69449
contractor to include the application, request, or invoice in the	69450
contractor's own pay request submitted to an owner, the	69451
contractor, within ten calendar days after receipt of payment from	69452
the owner for improvements to property, shall pay to the:	69453

(a) Subcontractor, an amount that is equal to the percentage	69454
of completion of the subcontractor's contract allowed by the owner	69455
for the amount of labor or work performed;	69456

(b) Material supplier, an amount that is equal to all or that	69457
portion of the invoice for materials which represents the	69458
materials furnished by the material supplier.	69459

The contractor may reduce the amount paid by any retainage	69460
provision contained in the contract, invoice, or purchase order	69461
between the contractor and the subcontractor or material supplier,	69462
and may withhold amounts that may be necessary to resolve disputed	69463
liens or claims involving the work or labor performed or material	69464
furnished by the subcontractor or material supplier.	69465

If the contractor fails to comply with division (A)(1) of	69466
this section, the contractor shall pay the subcontractor or	69467
material supplier, in addition to the payment due, interest in the	69468
amount of eighteen per cent per annum of the payment due,	69469
beginning on the eleventh day following the receipt of payment	69470
from the owner and ending on the date of full payment of the	69471
payment due plus interest to the subcontractor or material	69472
supplier.	69473

(2) If a lower tier subcontractor or lower tier material	69474
supplier submits an application or request for payment or an	69475
invoice for materials to a subcontractor, material supplier, or	69476
other lower tier subcontractor or lower tier material supplier in	69477
sufficient time to allow the subcontractor, material supplier, or	69478
other lower tier subcontractor or lower tier material supplier to	69479
include the application, request, or invoice in the	69480
subcontractor's, material supplier's, or other lower tier	69481
subcontractor's or lower tier material supplier's own pay request	69482
submitted to a contractor, other subcontractor, material supplier,	69483
lower tier subcontractor, or lower tier material supplier, the	69484
subcontractor, material supplier, or other lower tier	69485
subcontractor or lower tier material supplier, within ten calendar	69486
days after receipt of payment from the contractor, other	69487
subcontractor, material supplier, lower tier subcontractor, or	69488
lower tier material supplier for improvements to property, shall	69489
pay to the:	69490

(a) Lower tier subcontractor, an amount that is equal to the	69491
percentage of completion of the lower tier subcontractor's	69492
contract allowed by the owner for the amount of labor or work	69493
performed;	69494

(b) Lower tier material supplier, an amount that is equal to	69495
all or that portion of the invoice for materials which represents	69496
the materials furnished by the lower tier material supplier.	69497

The subcontractor, material supplier, lower tier	69498
subcontractor, or lower tier material supplier may reduce the	69499
amount paid by any retainage provision contained in the contract,	69500
invoice, or purchase order between the subcontractor, material	69501
supplier, lower tier subcontractor, or lower tier material	69502
supplier and the lower tier subcontractor or lower tier material	69503
supplier, and may withhold amounts that may be necessary to	69504
resolve disputed liens or claims involving the work or labor	69505
performed or material furnished by the lower tier subcontractor or	69506
lower tier material supplier.	69507

If the subcontractor, material supplier, lower tier	69508
subcontractor, or lower tier material supplier fails to comply	69509
with division (A)(2) of this section, the subcontractor, material	69510
supplier, lower tier subcontractor, or lower tier material	69511
supplier shall pay the lower tier subcontractor or lower tier	69512
material supplier, in addition to the payment due, interest in the	69513
amount of eighteen per cent per annum of the payment due,	69514
beginning on the eleventh day following the receipt of payment	69515
from the contractor, other subcontractor, material supplier, lower	69516
tier subcontractor, or lower tier material supplier and ending on	69517
the date of full payment of the payment due plus interest to the	69518
lower tier subcontractor or lower tier material supplier.	69519

(3) If a contractor receives any final retainage from the	69520
owner for improvements to property, the contractor shall pay from	69521
that retainage each subcontractor and material supplier the	69522
subcontractor's or material supplier's proportion of the	69523
retainage, within ten calendar days after receipt of the retainage	69524
from the owner, or within the time period provided in a contract,	69525
invoice, or purchase order between the contractor and the	69526
subcontractor or material supplier, whichever time period is	69527
shorter, provided that the contractor has determined that the	69528
subcontractor's or material supplier's work, labor, and materials	69529
have been satisfactorily performed or furnished and that the owner	69530
has approved the subcontractor's or material supplier's work,	69531
labor, and materials.	69532

If the contractor fails to pay a subcontractor or material	69533
supplier within the appropriate time period, the contractor shall	69534
pay the subcontractor or material supplier, in addition to the	69535
retainage due, interest in the amount of eighteen per cent per	69536
annum of the retainage due, beginning on the eleventh day	69537
following the receipt of the retainage from the owner and ending	69538
on the date of full payment of the retainage due plus interest to	69539
the subcontractor or material supplier.	69540

(4) If a subcontractor, material supplier, lower tier	69541
subcontractor, or lower tier material supplier receives any final	69542
retainage from the contractor or other subcontractor, lower tier	69543
subcontractor, or lower tier material supplier for improvements to	69544
property, the subcontractor, material supplier, lower tier	69545
subcontractor, or lower tier material supplier shall pay from that	69546
retainage each lower tier subcontractor or lower tier the lower	69547
tier subcontractor's or lower tier material supplier's proportion	69548
of the retainage, within ten calendar days after receipt of	69549
payment from the contractor or other subcontractor, lower tier	69550
subcontractor, or lower tier material supplier, or within the time	69551
period provided in a contract, invoice, or purchase order between	69552
the subcontractor, material supplier, lower tier subcontractor, or	69553
lower tier material supplier and the lower tier subcontractor or	69554
lower tier material supplier, whichever time period is shorter,	69555
provided that the subcontractor, material supplier, lower tier	69556
subcontractor, or lower tier material supplier has determined that	69557
the lower tier subcontractor's or lower tier material supplier's	69558
work, labor, and materials have been satisfactorily performed or	69559
furnished and that the owner has approved the lower tier	69560
subcontractor's or lower tier material supplier's work, labor, and	69561
materials.	69562

If the subcontractor, material supplier, lower tier	69563
subcontractor, or lower tier material supplier fails to pay the	69564
lower tier subcontractor or lower tier material supplier within	69565
the appropriate time period, the subcontractor, material supplier,	69566
lower tier subcontractor, or lower tier material supplier shall	69567
pay the lower tier subcontractor or lower tier material supplier,	69568
in addition to the retainage due, interest in the amount of	69569
eighteen per cent per annum of the retainage due, beginning on the	69570
eleventh day following the receipt of the retainage from the	69571
contractor or other subcontractor, lower tier subcontractor, or	69572
lower tier material supplier and ending on the date of full	69573
payment of the retainage due plus interest to the lower tier	69574
subcontractor or lower tier material supplier.	69575

(5) A contractor, subcontractor, or lower tier subcontractor	69576
shall pay a laborer wages due within ten days of payment of any	69577
application or request for payment or the receipt of any retainage	69578
from an owner, contractor, subcontractor, or lower tier	69579
subcontractor.	69580

If the contractor, subcontractor, or lower tier subcontractor	69581
fails to pay the laborer wages due within the appropriate time	69582
period, the contractor, subcontractor, or lower tier subcontractor	69583
shall pay the laborer, in addition to the wages due, interest in	69584
the amount of eighteen per cent per annum of the wages due,	69585
beginning on the eleventh day following the receipt of payment	69586
from the owner, contractor, subcontractor, or lower tier	69587
subcontractor and ending on the date of full payment of the wages	69588
due plus interest to the laborer.	69589

(B)(1) If a contractor, subcontractor, material supplier,	69590
lower tier subcontractor, or lower tier material supplier has not	69591
made payment in compliance with division (A)(1), (2), (3), (4), or	69592
(5) of this section within thirty days after payment is due, a	69593
subcontractor, material supplier, lower tier subcontractor, lower	69594
tier material supplier, or laborer may file a civil action to	69595
recover the amount due plus the interest provided in those	69596
divisions. If the court finds in the civil action that a	69597
contractor, subcontractor, material supplier, lower tier	69598
subcontractor, or lower tier material supplier has not made	69599
payment in compliance with those divisions, the court shall award	69600
the interest specified in those divisions, in addition to the	69601
amount due. Except as provided in division (B)(3) of this section,	69602
the court shall award the prevailing party reasonable attorney	69603
fees and court costs.	69604

(2) In making a determination to award attorney fees under	69605
division (B)(1) of this section, the court shall consider all	69606
relevant factors, including but not limited to the following:	69607

(a) The presence or absence of good faith allegations or	69608
defenses asserted by the parties;	69609

(b) The proportion of the amount of recovery as it relates to	69610
the amount demanded;	69611

(c) The nature of the services rendered and the time expended	69612
in rendering the services.	69613

(3) The court shall not award attorney fees under division	69614
(B)(1) of this section if the court determines, following a	69615
hearing on the payment of attorney fees, that the payment of	69616
attorney fees to the prevailing party would be inequitable.	69617

(C) This section does not apply to any construction or	69618
improvement of any single-, two-, or three-family detached	69619
dwelling houses.	69620

(D)(1) No provision of this section regarding entitlement to	69621
interest, attorney fees, or court costs may be waived by agreement	69622
and any such term in any contract or agreement is void and	69623
unenforceable as against public policy.	69624

(2) This section shall not be construed as impairing or	69625
affecting, in any way, the terms and conditions of any contract,	69626
invoice, purchase order, or any other agreement between a	69627
contractor and a subcontractor or a material supplier or between a	69628
subcontractor and another subcontractor, a material supplier, a	69629
lower tier subcontractor, or a lower tier material supplier,	69630
except that if such terms and conditions contain time periods	69631
which are longer than any of the time periods specified in	69632
divisions (A)(1), (2), (3), (4), and (5) of this section or	69633
interest at a percentage less than the interest stated in those	69634
divisions, then the provisions of this section shall prevail over	69635
such terms and conditions.	69636

(E) Notwithstanding the definition of lower tier material	69637
supplier in this section, a person is not a lower tier material	69638
supplier unless the materials supplied by the person are:	69639

(1) Furnished with the intent, as evidenced by the contract	69640
of sale, the delivery order, delivery to the site, or by other	69641
evidence that the materials are to be used on a particular	69642
structure or improvement;	69643

(2) Incorporated in the improvement or consumed as normal	69644
wastage in the course of the improvement; or	69645

(3) Specifically fabricated for incorporation in the	69646
improvement and not readily resalable in the ordinary course of	69647
the fabricator's business even if not actually incorporated in the	69648
improvement.	69649

(F) As used in this section:

69650

(1) "Contractor" means any person who undertakes to	69651
construct, alter, erect, improve, repair, demolish, remove, dig,	69652
or drill any part of a structure or improvement under a contract	69653
with an owner, or a "construction manager" or "construction	69654
manager at risk" as ~~that term is~~those terms are defined in	69655
section 9.33 of the Revised Code, or a "design-build firm" as that	69656
term is defined in section 153.65 of the Revised Code.	69657

(2) "Laborer," "material supplier," "subcontractor," and	69658
"wages" have the same meanings as in section 1311.01 of the	69659
Revised Code.	69660

(3) "Lower tier subcontractor" means a subcontractor who is	69661
not in privity of contract with a contractor but is in privity of	69662
contract with another subcontractor.	69663

(4) "Lower tier material supplier" means a material supplier	69664
who is not in privity of contract with a contractor but is in	69665
privity of contract with another subcontractor or a material	69666
supplier.	69667

(5) "Wages due" means the wages due to a laborer as of the	69668
date a contractor or subcontractor receives payment for any	69669
application or request for payment or retainage from any owner,	69670
contractor, or subcontractor.	69671

(6) "Owner" includes the state, and a county, township,	69672
municipal corporation, school district, or other political	69673
subdivision of the state, and any public agency, authority, board,	69674
commission, instrumentality, or special district of or in the	69675
state or a county, township, municipal corporation, school	69676
district, or other political subdivision of the state, and any	69677
officer or agent thereof and relates to all the interests either	69678
legal or equitable, which a person may have in the real estate	69679
upon which improvements are made, including interests held by any	69680
person under contracts of purchase, whether in writing or	69681
otherwise.	69682

Sec. 4115.03. As used in sections 4115.03 to 4115.16 of the	69683
Revised Code:	69684

(A) "Public authority" means any officer, board, or	69685
commission of the state, or any political subdivision of the	69686
state, authorized to enter into a contract for the construction of	69687
a public improvement or to construct the same by the direct	69688
employment of labor, or any institution supported in whole or in	69689
part by public funds and said sections apply to expenditures of	69690
such institutions made in whole or in part from public funds.	69691

(B) "Construction" means ~~either~~any of the following:

69692

(1) ~~Any~~Except as provided in division (B)(3) of this	69693
section, any new construction of ~~any~~a public improvement, the	69694
total overall project cost of which is fairly estimated to be more	69695
than ~~fifty thousand~~five million dollars adjusted biennially by	69696
the director of commerce pursuant to section 4115.034 of the	69697
Revised Code and performed by other than full-time employees who	69698
have completed their probationary periods in the classified	69699
service of a public authority;	69700

(2) ~~Any~~Except as provided in division (B)(4) of this	69701
section, any reconstruction, enlargement, alteration, repair,	69702
remodeling, renovation, or painting of ~~any~~a public improvement,	69703
the total overall project cost of which is fairly estimated to be	69704
more than ~~fifteen thousand~~five million dollars adjusted	69705
biennially by the ~~administrator~~director pursuant to section	69706
4115.034 of the Revised Code and performed by other than full-time	69707
employees who have completed their probationary period in the	69708
classified civil service of a public authority;	69709

(3) Any new construction of a public improvement that	69710
involves roads, streets, alleys, sewers, ditches, and other works	69711
connected to road or bridge construction, the total overall	69712
project cost of which is fairly estimated to be more than	69713
seventy-eight thousand two hundred fifty-eight dollars adjusted	69714
biennially by the director of commerce pursuant to section	69715
4115.034 of the Revised Code and performed by other than full-time	69716
employees who have completed their probationary periods in the	69717
classified service of a public authority;	69718

(4) Any reconstruction, enlargement, alteration, repair,	69719
remodeling, renovation, or painting of a public improvement that	69720
involves roads, streets, alleys, sewers, ditches, and other works	69721
connected to road or bridge construction, the total overall	69722
project cost of which is fairly estimated to be more than	69723
twenty-three thousand four hundred forty-seven dollars adjusted	69724
biennially by the director of commerce pursuant to section	69725
4115.034 of the Revised code and performed by other than full-time	69726
employees who have completed their probationary periods in the	69727
classified service of a public authority.	69728

(C) "Public improvement" includes all buildings, roads,	69729
streets, alleys, sewers, ditches, sewage disposal plants, water	69730
works, and all other structures or works constructed by a public	69731
authority of the state or any political subdivision thereof or by	69732
any person who, pursuant to a contract with a public authority,	69733
constructs any structure for a public authority of the state or a	69734
political subdivision thereof. When a public authority rents or	69735
leases a newly constructed structure within six months after	69736
completion of such construction, all work performed on such	69737
structure to suit it for occupancy by a public authority is a	69738
"public improvement." "Public improvement" does not include an	69739
improvement authorized by section 1515.08 of the Revised Code that	69740
is constructed pursuant to a contract with a soil and water	69741
conservation district, as defined in section 1515.01 of the	69742
Revised Code, or performed as a result of a petition filed	69743
pursuant to Chapter 6131., 6133., or 6135. of the Revised Code,	69744
wherein no less than seventy-five per cent of the project is	69745
located on private land and no less than seventy-five per cent of	69746
the cost of the improvement is paid for by private property owners	69747
pursuant to Chapter 1515., 6131., 6133., or 6135. of the Revised	69748
Code. "Public improvement" does not include an improvement that is	69749
neither constructed by a public authority nor constructed for the	69750
benefit of a public authority, even if the improvement uses or	69751
receives financing, grants, or in-kind support from a public	69752
authority.	69753

(D) "Locality" means the county wherein the physical work	69754
upon any public improvement is being performed.	69755

(E) "Prevailing wages" means the sum of the following:

69756

(1) The basic hourly rate of pay;

69757

(2) The rate of contribution irrevocably made by a contractor	69758
or subcontractor to a trustee or to a third person pursuant to a	69759
fund, plan, or program;	69760

(3) The rate of costs to the contractor or subcontractor	69761
which may be reasonably anticipated in providing the following	69762
fringe benefits to laborers and mechanics pursuant to an	69763
enforceable commitment to carry out a financially responsible plan	69764
or program which was communicated in writing to the laborers and	69765
mechanics affected:	69766

(a) Medical or hospital care or insurance to provide such;

69767

(b) Pensions on retirement or death or insurance to provide	69768
such;	69769

(c) Compensation for injuries or illnesses resulting from	69770
occupational activities if it is in addition to that coverage	69771
required by Chapters 4121. and 4123. of the Revised Code;	69772

(d) Supplemental unemployment benefits that are in addition	69773
to those required by Chapter 4141. of the Revised Code;	69774

(e) Life insurance;

69775

(f) Disability and sickness insurance;

69776

(g) Accident insurance;

69777

(h) Vacation and holiday pay;

69778

(i) Defraying of costs for apprenticeship or other similar	69779
training programs which are beneficial only to the laborers and	69780
mechanics affected;	69781

(j) Other bona fide fringe benefits.

69782

None of the benefits enumerated in division (E)(3) of this	69783
section may be considered in the determination of prevailing wages	69784
if federal, state, or local law requires contractors or	69785
subcontractors to provide any of such benefits.	69786

(F) "Interested party," with respect to a particular public	69787
improvement, means:	69788

(1) Any person who submits a bid for the purpose of securing	69789
the award of a contract for construction of the public	69790
improvement;	69791

(2) Any person acting as a subcontractor of a person	69792
mentioned in division (F)(1) of this section;	69793

(3) Any bona fide organization of labor which has as members	69794
or is authorized to represent employees of a person mentioned in	69795
division (F)(1) or (2) of this section and which exists, in whole	69796
or in part, for the purpose of negotiating with employers	69797
concerning the wages, hours, or terms and conditions of employment	69798
of employees;	69799

(4) Any association having as members any of the persons	69800
mentioned in division (F)(1) or (2) of this section.	69801

(G) Except as used in division (A) of this section, "officer"	69802
means an individual who has an ownership interest or holds an	69803
office of trust, command, or authority in a corporation, business	69804
trust, partnership, or association.	69805

Sec. 4115.033. No public authority shall subdivide a public	69806
improvement project into component parts or projects, the cost of	69807
which is fairly estimated to be less than the threshold levels set	69808
forth in ~~divisions~~division (B)~~(1) and (2)~~ of section 4115.03 of	69809
the Revised Code, unless the projects are conceptually separate	69810
and unrelated to each other, or encompass independent and	69811
unrelated needs of the public authority.	69812

Sec. 4115.034. On January 1, 1996, and the first day of	69813
January of every even-numbered year thereafter, the director of	69814
commerce shall adjust the threshold levels for which public	69815
improvement projects are subject to sections 4115.03 to 4115.16 of	69816
the Revised Code as set forth in ~~divisions~~division (B)~~(1) and (2)~~	69817
of section 4115.03 of the Revised Code. The director shall adjust	69818
those amounts according to the average increase or decrease for	69819
each of the two years immediately preceding the adjustment as set	69820
forth in the United States department of commerce, bureau of the	69821
census implicit price deflator for construction, provided that no	69822
increase or decrease for any year shall exceed three per cent of	69823
the threshold level in existence at the time of the adjustment.	69824

Sec. 4115.04. (A)(1) Every public authority authorized to	69825
contract for or construct with its own forces a public	69826
improvement, before advertising for bids or undertaking such	69827
construction with its own forces, shall have the director of	69828
commerce determine the prevailing rates of wages of mechanics and	69829
laborers in accordance with section 4115.05 of the Revised Code	69830
for the class of work called for by the public improvement, in the	69831
locality where the work is to be performed. Except as provided in	69832
division (A)(2) of this section, that schedule of wages shall be	69833
attached to and made part of the specifications for the work, and	69834
shall be printed on the bidding blanks where the work is done by	69835
contract. A copy of the bidding blank shall be filed with the	69836
director before the contract is awarded. A minimum rate of wages	69837
for common laborers, on work coming under the jurisdiction of the	69838
department of transportation, shall be fixed in each county of the	69839
state by the department of transportation, in accordance with	69840
section 4115.05 of the Revised Code.	69841

(2) In the case of contracts that are administered by the	69842
department of natural resources, the director of natural resources	69843
or the director's designee shall include language in the contracts	69844
requiring wage rate determinations and updates to be obtained	69845
directly from the department of commerce through electronic or	69846
other means as appropriate. Contracts that include this	69847
requirement are exempt from the requirements established in	69848
division (A)(1) of this section that involve attaching the	69849
schedule of wages to the specifications for the work, making the	69850
schedule part of those specifications, and printing the schedule	69851
on the bidding blanks where the work is done by contract.	69852

(B) Sections 4115.03 to 4115.16 of the Revised Code do not	69853
apply to:	69854

(1) Public improvements in any case where the federal	69855
government or any of its agencies furnishes by loan or grant all	69856
or any part of the funds used in constructing such improvements,	69857
provided that the federal government or any of its agencies	69858
prescribes predetermined minimum wages to be paid to mechanics and	69859
laborers employed in the construction of such improvements;	69860

(2) A participant in a work activity, developmental activity,	69861
or an alternative work activity under sections 5107.40 to 5107.69	69862
of the Revised Code when a public authority directly uses the	69863
labor of the participant to construct a public improvement if the	69864
participant is not engaged in paid employment or subsidized	69865
employment pursuant to the activity;	69866

(3) Public improvements undertaken by, or under contract for,	69867
the board of education of any school district or the governing	69868
board of any educational service center;	69869

(4) Public improvements undertaken by, or under contract for,	69870
a county hospital operated pursuant to Chapter 339. of the Revised	69871
Code or a municipal hospital operated pursuant to Chapter 749. of	69872
the Revised Code if none of the funds used in constructing the	69873
improvements are the proceeds of bonds or other obligations that	69874
are secured by the full faith and credit of the state, a county, a	69875
township, or a municipal corporation and none of the funds used in	69876
constructing the improvements, including funds used to repay any	69877
amounts borrowed to construct the improvements, are funds that	69878
have been appropriated for that purpose by the state, a board of	69879
county commissioners, a township, or a municipal corporation from	69880
funds generated by the levy of a tax, provided that a county	69881
hospital or municipal hospital may elect to apply sections 4115.03	69882
to 4115.16 of the Revised Code to a public improvement undertaken	69883
by, or under contract for, the hospital;	69884

(5) Any project described in divisions (D)(1)(a) to (D)(1)(e)	69885
of section 176.05 of the Revised Code;	69886

(6) Public improvements undertaken by, or under contract for,	69887
a state institution of higher education as defined in section	69888
3345.12 of the Revised Code;	69889

(7) Public improvements undertaken by, or under contract for,	69890
a port authority as defined in section 4582.01 or 4582.21 of the	69891
Revised Code.	69892

(C) Under no circumstances shall a public authority apply the	69893
prevailing wage requirements of this chapter to a public	69894
improvement that is exempt under division (B)(3) or (6) of this	69895
section.	69896

Sec. 4115.10. (A) No person, firm, corporation, or public	69897
authority that constructs a public improvement with its own	69898
forces, the total overall project cost of which is fairly	69899
estimated to be more than the amounts set forth in division (B)~~(1)~~	69900
~~or (2)~~ of section 4115.03 of the Revised Code, adjusted biennially	69901
by the director of commerce pursuant to section 4115.034 of the	69902
Revised Code, shall violate the wage provisions of sections	69903
4115.03 to 4115.16 of the Revised Code, or suffer, permit, or	69904
require any employee to work for less than the rate of wages so	69905
fixed, or violate the provisions of section 4115.07 of the Revised	69906
Code. Any employee upon any public improvement, except an employee	69907
to whom or on behalf of whom restitution is made pursuant to	69908
division (C) of section 4115.13 of the Revised Code, who is paid	69909
less than the fixed rate of wages applicable thereto may recover	69910
from such person, firm, corporation, or public authority that	69911
constructs a public improvement with its own forces the difference	69912
between the fixed rate of wages and the amount paid to the	69913
employee and in addition thereto a sum equal to twenty-five per	69914
cent of that difference. The person, firm, corporation, or public	69915
authority who fails to pay the rate of wages so fixed also shall	69916
pay a penalty to the director of seventy-five per cent of the	69917
difference between the fixed rate of wages and the amount paid to	69918
the employees on the public improvement. The director shall	69919
deposit all moneys received from penalties paid to the director	69920
pursuant to this section into the ~~penalty enforcement~~labor	69921
operating fund~~, which is hereby created in the state treasury~~. The	69922
director shall use the fund for the enforcement of sections	69923
4115.03 to 4115.16 of the Revised Code. The employee may file suit	69924
for recovery within ninety days of the director's determination of	69925
a violation of sections 4115.03 to 4115.16 of the Revised Code or	69926
is barred from further action under this division. Where the	69927
employee prevails in a suit, the employer shall pay the costs and	69928
reasonable attorney's fees allowed by the court.	69929

(B) Any employee upon any public improvement who is paid less	69930
than the prevailing rate of wages applicable thereto may file a	69931
complaint in writing with the director upon a form furnished by	69932
the director. The complaint shall include documented evidence to	69933
demonstrate that the employee was paid less than the prevailing	69934
wage in violation of this chapter. Upon receipt of a properly	69935
completed written complaint of any employee paid less than the	69936
prevailing rate of wages applicable, the director shall take an	69937
assignment of a claim in trust for the assigning employee and	69938
bring any legal action necessary to collect the claim. The	69939
employer shall pay the costs and reasonable attorney's fees	69940
allowed by the court if the employer is found in violation of	69941
sections 4115.03 to 4115.16 of the Revised Code.	69942

(C) If after investigation pursuant to section 4115.13 of the	69943
Revised Code, the director determines there is a violation of	69944
sections 4115.03 to 4115.16 of the Revised Code and a period of	69945
sixty days has elapsed from the date of the determination, and if:	69946

(1) No employee has brought suit pursuant to division (A) of	69947
this section;	69948

(2) No employee has requested that the director take an	69949
assignment of a wage claim pursuant to division (B) of this	69950
section;.	69951

The director shall bring any legal action necessary to	69952
collect any amounts owed to employees and the director. The	69953
director shall pay over to the affected employees the amounts	69954
collected to which the affected employees are entitled under	69955
division (A) of this section. In any action in which the director	69956
prevails, the employer shall pay the costs and reasonable	69957
attorney's fees allowed by the court.	69958

(D) Where persons are employed and their rate of wages has	69959
been determined as provided in section 4115.04 of the Revised	69960
Code, no person, either for self or any other person, shall	69961
request, demand, or receive, either before or after the person is	69962
engaged, that the person so engaged pay back, return, donate,	69963
contribute, or give any part or all of the person's wages, salary,	69964
or thing of value, to any person, upon the statement,	69965
representation, or understanding that failure to comply with such	69966
request or demand will prevent the procuring or retaining of	69967
employment, and no person shall, directly or indirectly, aid,	69968
request, or authorize any other person to violate this section.	69969
This division does not apply to any agent or representative of a	69970
duly constituted labor organization acting in the collection of	69971
dues or assessments of such organization.	69972

(E) The director shall enforce sections 4115.03 to 4115.16 of	69973
the Revised Code.	69974

(F) For the purpose of supplementing existing resources and	69975
to assist in enforcing division (E) of this section, the director	69976
may contract with a person registered as a public accountant under	69977
Chapter 4701. of the Revised Code to conduct an audit of a person,	69978
firm, corporation, or public authority.	69979

Sec. 4115.101. There is hereby created the prevailing wage	69980
custodial fund, which shall be in the custody of the treasurer of	69981
state but shall not be part of the state treasury. The director of	69982
commerce shall deposit to the fund all money paid by employers to	69983
the director that are held in trust for employees to whom	69984
prevailing wages are due and owing. The director shall make	69985
disbursements from the fund in accordance with this chapter to	69986
employees affected by violations of this chapter. If the director	69987
determines that any funds in the prevailing wage custodial fund	69988
are not returnable to employees as required under this section,	69989
then the director shall certify to the treasurer of state the	69990
amount of the funds that are not returnable. Upon the receipt of a	69991
certification from the director in accordance with this section,	69992
the treasurer of state shall transfer the certified amount of the	69993
funds from the prevailing wage custodial fund to the labor	69994
operating fund.	69995

Sec. 4115.16. (A) An interested party may file a complaint	69996
with the director of commerce alleging a violation of sections	69997
4115.03 to 4115.16 of the Revised Code. The director, upon receipt	69998
of a complaint, shall investigate pursuant to section 4115.13 of	69999
the Revised Code. If the director determines that no violation has	70000
occurred or that the violation was not intentional, the interested	70001
party may appeal the decision to the court of common pleas of the	70002
county where the violation is alleged to have occurred.	70003

(B) ~~If the director has not ruled on the merits of the~~	70004
~~complaint within sixty days after its filing, the interested party~~	70005
~~may file a complaint in the court of common pleas of the county in~~	70006
~~which the violation is alleged to have occurred. The complaint may~~	70007
~~make the contracting public authority a party to the action, but~~	70008
~~not the director. Contemporaneous with service of the complaint,~~	70009
~~the interested party shall deliver a copy of the complaint to the~~	70010
~~director. Upon receipt thereof, the director shall cease~~	70011
~~investigating or otherwise acting upon the complaint filed~~	70012
~~pursuant to division (A) of this section. The court in which the~~	70013
~~complaint is filed pursuant to this division shall hear and decide~~	70014
~~the case, and upon finding that a violation has occurred, shall~~	70015
~~make such orders as will prevent further violation and afford to~~	70016
~~injured persons the relief specified under sections 4115.03 to~~	70017
~~4115.16 of the Revised Code. The court's finding that a violation~~	70018
~~has occurred shall have the same consequences as a like~~	70019
~~determination by the director. The court may order the director to~~	70020
~~take such action as will prevent further violation and afford to~~	70021
~~injured persons the remedies specified under sections 4115.03 to~~	70022
~~4115.16 of the Revised Code. Upon receipt of any order of the~~	70023
~~court pursuant to this section, the director shall undertake~~	70024
~~enforcement action without further investigation or hearings.~~	70025

~~(C)~~ The director shall make available to the parties to any	70026
appeal ~~or action pursuant to~~under this section all files,	70027
documents, affidavits, or other information in the director's	70028
possession that pertain to the matter. ~~The rules generally~~	70029
~~applicable to civil actions in the courts of this state shall~~	70030
~~govern all appeals or actions under this section. Any~~	70031
~~determination of a court under this section is subject to~~	70032
~~appellate review.~~	70033

~~(D) Where, pursuant to this section, a court finds a~~	70034
~~violation of sections 4115.03 to 4115.16 of the Revised Code, the~~	70035
~~court shall award attorney fees and court costs to the prevailing~~	70036
~~party. In the event the court finds that no violation has~~	70037
~~occurred, the court may award court costs and~~ ~~attorney~~ fees to the	70038
prevailing party, other than to the director or the public	70039
authority, where the court finds the action brought was	70040
unreasonable or without foundation, even though not brought in	70041
subjective bad faith.	70042

Sec. 4116.01. As used in sections 4116.01 to 4116.04 of the	70043
Revised Code:	70044

(A) "Public authority" means any officer, board, or	70045
commission of the state, or any political subdivision of the	70046
state, or any institution supported in whole or in part by public	70047
funds, authorized to enter into a contract for the construction of	70048
a public improvement or to construct a public improvement by the	70049
direct employment of labor. "Public authority" shall not mean any	70050
municipal corporation that has adopted a charter under sections	70051
three and seven of article XVIII of the Ohio ~~constitution~~	70052
Constitution, unless the specific contract for a public	70053
improvement includes state funds appropriated for the purposes of	70054
that public improvement.	70055

(B) "Construction" means all of the following:

70056

(1) Any new construction of any public improvement performed	70057
by other than full-time employees who have completed their	70058
probationary periods in the classified service of a public	70059
authority;	70060

(2) Any reconstruction, enlargement, alteration, repair,	70061
remodeling, renovation, or painting of any public improvement	70062
performed by other than full-time employees who have completed	70063
their probationary period in the classified civil service of a	70064
public authority;	70065

(3) Construction on any project, facility, or project	70066
facility to which section ~~122.452,~~ 122.80, ~~165.031,~~ 166.02,	70067
~~1551.13,~~or 1728.07~~, or 3706.042~~ of the Revised Code applies;	70068

(4) Construction on any project as defined in section 122.39	70069
of the Revised Code, any project as defined in section 165.01 of	70070
the Revised Code, any energy resource development facility as	70071
defined in section 1551.01 of the Revised Code, or any project as	70072
defined in section 3706.01 of the Revised Code.	70073

(C) "Public improvement" means all buildings, roads, streets,	70074
alleys, sewers, ditches, sewage disposal plants, water works, and	70075
other structures or works constructed by a public authority or by	70076
any person who, pursuant to a contract with a public authority,	70077
constructs any structure or work for a public authority. When a	70078
public authority rents or leases a newly constructed structure	70079
within six months after completion of its construction, all work	70080
performed on that structure to suit it for occupancy by a public	70081
authority is a "public improvement."	70082

(D) "Interested party," with respect to a particular public	70083
improvement, means all of the following:	70084

(1) Any person who submits a bid for the purpose of securing	70085
the award of a contract for the public improvement;	70086

(2) Any person acting as a subcontractor of a person	70087
mentioned in division (D)(1) of this section;	70088

(3) Any association having as members any of the persons	70089
mentioned in division (D)(1) or (2) of this section;	70090

(4) Any employee of a person mentioned in division (D)(1),	70091
(2), or (3) of this section;	70092

(5) Any individual who is a resident of the jurisdiction of	70093
the public authority for whom products or services for a public	70094
improvement are being procured or for whom work on a public	70095
improvement is being performed.	70096

Sec. 4117.01. As used in this chapter:

70097

(A) "Person," in addition to those included in division (C)	70098
of section 1.59 of the Revised Code, includes employee	70099
organizations, public employees, and public employers.	70100

(B) "Public employer" means the state or any political	70101
subdivision of the state located entirely within the state,	70102
including, without limitation, any municipal corporation with a	70103
population of at least five thousand according to the most recent	70104
federal decennial census; county; township with a population of at	70105
least five thousand in the unincorporated area of the township	70106
according to the most recent federal decennial census; school	70107
district; ~~governing authority of a community school established~~	70108
~~under Chapter 3314. of the Revised Code;~~college preparatory	70109
boarding school established under Chapter 3328. of the Revised	70110
Code or its operator; state institution of higher learning; public	70111
or special district; state agency, authority, commission, or	70112
board; or other branch of public employment. "Public employer"	70113
does not include the nonprofit corporation formed under section	70114
187.01 of the Revised Code or the governing authority of a	70115
community school established under Chapter 3314. of the Revised	70116
Code.	70117

(C) "Public employee" means any person holding a position by	70118
appointment or employment in the service of a public employer,	70119
including any person working pursuant to a contract between a	70120
public employer and a private employer and over whom the national	70121
labor relations board has declined jurisdiction on the basis that	70122
the involved employees are employees of a public employer, except:	70123

(1) Persons holding elective office;

70124

(2) Employees of the general assembly and employees of any	70125
other legislative body of the public employer whose principal	70126
duties are directly related to the legislative functions of the	70127
body;	70128

(3) Employees on the staff of the governor or the chief	70129
executive of the public employer whose principal duties are	70130
directly related to the performance of the executive functions of	70131
the governor or the chief executive;	70132

(4) Persons who are members of the Ohio organized militia,	70133
while training or performing duty under section 5919.29 or 5923.12	70134
of the Revised Code;	70135

(5) Employees of the state employment relations board,	70136
including those employees of the state employment relations board	70137
utilized by the state personnel board of review in the exercise of	70138
the powers and the performance of the duties and functions of the	70139
state personnel board of review;	70140

(6) Confidential employees;

70141

(7) Management level employees;

70142

(8) Employees and officers of the courts, assistants to the	70143
attorney general, assistant prosecuting attorneys, and employees	70144
of the clerks of courts who perform a judicial function;	70145

(9) Employees of a public official who act in a fiduciary	70146
capacity, appointed pursuant to section 124.11 of the Revised	70147
Code;	70148

(10) Supervisors;

70149

(11) Students whose primary purpose is educational training,	70150
including graduate assistants or associates, residents, interns,	70151
or other students working as part-time public employees less than	70152
fifty per cent of the normal year in the employee's bargaining	70153
unit;	70154

(12) Employees of county boards of election;

70155

(13) Seasonal and casual employees as determined by the state	70156
employment relations board;	70157

(14) Part-time faculty members of an institution of higher	70158
education;	70159

(15) Participants in a work activity, developmental activity,	70160
or alternative work activity under sections 5107.40 to 5107.69 of	70161
the Revised Code who perform a service for a public employer that	70162
the public employer needs but is not performed by an employee of	70163
the public employer if the participant is not engaged in paid	70164
employment or subsidized employment pursuant to the activity;	70165

(16) Employees included in the career professional service of	70166
the department of transportation under section 5501.20 of the	70167
Revised Code;	70168

(17) Employees of community-based correctional facilities and	70169
district community-based correctional facilities created under	70170
sections 2301.51 to 2301.58 of the Revised Code ~~who are not~~	70171
~~subject to a collective bargaining agreement on June 1, 2005~~.	70172

(D) "Employee organization" means any labor or bona fide	70173
organization in which public employees participate and that exists	70174
for the purpose, in whole or in part, of dealing with public	70175
employers concerning grievances, labor disputes, wages, hours,	70176
terms, and other conditions of employment.	70177

(E) "Exclusive representative" means the employee	70178
organization certified or recognized as an exclusive	70179
representative under section 4117.05 of the Revised Code.	70180

(F) "Supervisor" means any individual who has authority, in	70181
the interest of the public employer, to hire, transfer, suspend,	70182
lay off, recall, promote, discharge, assign, reward, or discipline	70183
other public employees; to responsibly direct them; to adjust	70184
their grievances; or to effectively recommend such action, if the	70185
exercise of that authority is not of a merely routine or clerical	70186
nature, but requires the use of independent judgment, provided	70187
that:	70188

(1) Employees of school districts who are department	70189
chairpersons or consulting teachers shall not be deemed	70190
supervisors;	70191

(2) With respect to members of a police or fire department,	70192
no person shall be deemed a supervisor except the chief of the	70193
department or those individuals who, in the absence of the chief,	70194
are authorized to exercise the authority and perform the duties of	70195
the chief of the department. Where prior to June 1, 1982, a public	70196
employer pursuant to a judicial decision, rendered in litigation	70197
to which the public employer was a party, has declined to engage	70198
in collective bargaining with members of a police or fire	70199
department on the basis that those members are supervisors, those	70200
members of a police or fire department do not have the rights	70201
specified in this chapter for the purposes of future collective	70202
bargaining. The state employment relations board shall decide all	70203
disputes concerning the application of division (F)(2) of this	70204
section.	70205

(3) With respect to faculty members of a state institution of	70206
higher education, heads of departments or divisions are	70207
supervisors; however, no other faculty member or group of faculty	70208
members is a supervisor solely because the faculty member or group	70209
of faculty members participate in decisions with respect to	70210
courses, curriculum, personnel, or other matters of academic	70211
policy;	70212

(4) No teacher as defined in section 3319.09 of the Revised	70213
Code shall be designated as a supervisor or a management level	70214
employee unless the teacher is employed under a contract governed	70215
by section 3319.01, 3319.011, or 3319.02 of the Revised Code and	70216
is assigned to a position for which a license deemed to be for	70217
administrators under state board rules is required pursuant to	70218
section 3319.22 of the Revised Code.	70219

(G) "To bargain collectively" means to perform the mutual	70220
obligation of the public employer, by its representatives, and the	70221
representatives of its employees to negotiate in good faith at	70222
reasonable times and places with respect to wages, hours, terms,	70223
and other conditions of employment and the continuation,	70224
modification, or deletion of an existing provision of a collective	70225
bargaining agreement, with the intention of reaching an agreement,	70226
or to resolve questions arising under the agreement. "To bargain	70227
collectively" includes executing a written contract incorporating	70228
the terms of any agreement reached. The obligation to bargain	70229
collectively does not mean that either party is compelled to agree	70230
to a proposal nor does it require the making of a concession.	70231

(H) "Strike" means continuous concerted action in failing to	70232
report to duty; willful absence from one's position; or stoppage	70233
of work in whole from the full, faithful, and proper performance	70234
of the duties of employment, for the purpose of inducing,	70235
influencing, or coercing a change in wages, hours, terms, and	70236
other conditions of employment. "Strike" does not include a	70237
stoppage of work by employees in good faith because of dangerous	70238
or unhealthful working conditions at the place of employment that	70239
are abnormal to the place of employment.	70240

(I) "Unauthorized strike" includes, but is not limited to,	70241
concerted action during the term or extended term of a collective	70242
bargaining agreement or during the pendency of the settlement	70243
procedures set forth in section 4117.14 of the Revised Code in	70244
failing to report to duty; willful absence from one's position;	70245
stoppage of work; slowdown, or abstinence in whole or in part from	70246
the full, faithful, and proper performance of the duties of	70247
employment for the purpose of inducing, influencing, or coercing a	70248
change in wages, hours, terms, and other conditions of employment.	70249
"Unauthorized strike" includes any such action, absence, stoppage,	70250
slowdown, or abstinence when done partially or intermittently,	70251
whether during or after the expiration of the term or extended	70252
term of a collective bargaining agreement or during or after the	70253
pendency of the settlement procedures set forth in section 4117.14	70254
of the Revised Code.	70255

(J) "Professional employee" means any employee engaged in	70256
work that is predominantly intellectual, involving the consistent	70257
exercise of discretion and judgment in its performance and	70258
requiring knowledge of an advanced type in a field of science or	70259
learning customarily acquired by a prolonged course in an	70260
institution of higher learning or a hospital, as distinguished	70261
from a general academic education or from an apprenticeship; or an	70262
employee who has completed the courses of specialized intellectual	70263
instruction and is performing related work under the supervision	70264
of a professional person to become qualified as a professional	70265
employee.	70266

(K) "Confidential employee" means any employee who works in	70267
the personnel offices of a public employer and deals with	70268
information to be used by the public employer in collective	70269
bargaining; or any employee who works in a close continuing	70270
relationship with public officers or representatives directly	70271
participating in collective bargaining on behalf of the employer.	70272

(L) "Management level employee" means an individual who	70273
formulates policy on behalf of the public employer, who	70274
responsibly directs the implementation of policy, or who may	70275
reasonably be required on behalf of the public employer to assist	70276
in the preparation for the conduct of collective negotiations,	70277
administer collectively negotiated agreements, or have a major	70278
role in personnel administration. Assistant superintendents,	70279
principals, and assistant principals whose employment is governed	70280
by section 3319.02 of the Revised Code are management level	70281
employees. With respect to members of a faculty of a state	70282
institution of higher education, no person is a management level	70283
employee because of the person's involvement in the formulation or	70284
implementation of academic or institution policy.	70285

(M) "Wages" means hourly rates of pay, salaries, or other	70286
forms of compensation for services rendered.	70287

(N) "Member of a police department" means a person who is in	70288
the employ of a police department of a municipal corporation as a	70289
full-time regular police officer as the result of an appointment	70290
from a duly established civil service eligibility list or under	70291
section 737.15 or 737.16 of the Revised Code, a full-time deputy	70292
sheriff appointed under section 311.04 of the Revised Code, a	70293
township constable appointed under section 509.01 of the Revised	70294
Code, or a member of a township police district police department	70295
appointed under section 505.49 of the Revised Code.	70296

(O) "Members of the state highway patrol" means highway	70297
patrol troopers and radio operators appointed under section	70298
5503.01 of the Revised Code.	70299

(P) "Member of a fire department" means a person who is in	70300
the employ of a fire department of a municipal corporation or a	70301
township as a fire cadet, full-time regular firefighter, or	70302
promoted rank as the result of an appointment from a duly	70303
established civil service eligibility list or under section	70304
505.38, 709.012, or 737.22 of the Revised Code.	70305

(Q) "Day" means calendar day.

70306

Sec. 4117.03. (A) Public employees have the right to:

70307

(1) Form, join, assist, or participate in, or refrain from	70308
forming, joining, assisting, or participating in, except as	70309
otherwise provided in Chapter 4117. of the Revised Code, any	70310
employee organization of their own choosing;	70311

(2) Engage in other concerted activities for the purpose of	70312
collective bargaining or other mutual aid and protection;	70313

(3) Representation by an employee organization;

70314

(4) Bargain collectively with their public employers to	70315
determine wages, hours, terms and other conditions of employment	70316
and the continuation, modification, or deletion of an existing	70317
provision of a collective bargaining agreement, and enter into	70318
collective bargaining agreements;	70319

(5) Present grievances and have them adjusted, without the	70320
intervention of the bargaining representative, as long as the	70321
adjustment is not inconsistent with the terms of the collective	70322
bargaining agreement then in effect and as long as the bargaining	70323
representatives have the opportunity to be present at the	70324
adjustment.	70325

(B) Persons on active duty or acting in any capacity as	70326
members of the organized militia do not have collective bargaining	70327
rights. Employees of a community school established under Chapter	70328
3314. of the Revised Code do not have collective bargaining	70329
rights. A community school established under Chapter 3314. of the	70330
Revised Code shall not bargain collectively with its employees,	70331
except as provided in section 3314.10 of the Revised Code.	70332

(C) Except as provided in division (D) of this section,	70333
nothing in Chapter 4117. of the Revised Code prohibits public	70334
employers from electing to engage in collective bargaining, to	70335
meet and confer, to hold discussions, or to engage in any other	70336
form of collective negotiations with public employees who are not	70337
subject to Chapter 4117. of the Revised Code pursuant to division	70338
(C) of section 4117.01 of the Revised Code.	70339

(D) A public employer shall not engage in collective	70340
bargaining or other forms of collective negotiations with the	70341
employees of county boards of elections referred to in division	70342
(C)(12) of section 4117.01 of the Revised Code.	70343

(E) Employees of public schools may bargain collectively for	70344
health care benefits~~; however, all health care benefits shall~~	70345
~~include best practices prescribed by the school employees health~~	70346
~~care board, in accordance with section 9.901 of the Revised Code~~.	70347

Sec. 4117.06. (A) The state employment relations board shall	70348
decide in each case the unit appropriate for the purposes of	70349
collective bargaining. The determination is final and conclusive	70350
and not appealable to the court.	70351

(B) The board shall determine the appropriateness of each	70352
bargaining unit and shall consider among other relevant factors:	70353
the desires of the employees; the community of interest; wages,	70354
hours, and other working conditions of the public employees; the	70355
effect of over-fragmentation; the efficiency of operations of the	70356
public employer; the administrative structure of the public	70357
employer; and the history of collective bargaining.	70358

(C) The board may determine a unit to be the appropriate unit	70359
in a particular case, even though some other unit might also be	70360
appropriate.	70361

(D) In addition, in determining the appropriate unit, the	70362
board shall not:	70363

(1) Decide that any unit is appropriate if the unit includes	70364
both professional and nonprofessional employees, unless a majority	70365
of the professional employees and a majority of the	70366
nonprofessional employees first vote for inclusion in the unit;	70367

(2) Include guards or correction officers at correctional or	70368
mental institutions, special police officers appointed in	70369
accordance with sections 5119.14 and 5123.13 of the Revised Code,	70370
psychiatric attendants employed at mental health forensic	70371
facilities, youth leaders employed at juvenile correction	70372
facilities, or any public employee employed as a guard to enforce	70373
against other employees rules to protect property of the employer	70374
or to protect the safety of persons on the employer's premises in	70375
a unit with other employees;	70376

(3) Include members of a police or fire department or members	70377
of the state highway patrol in a unit with other classifications	70378
of public employees of the department;	70379

(4) Designate as appropriate a bargaining unit that contains	70380
more than one institution of higher education; nor shall it within	70381
any such institution of higher education designate as appropriate	70382
a unit where such designation would be inconsistent with the	70383
accreditation standards or interpretations of such standards,	70384
governing such institution of higher education or any department,	70385
school, or college thereof. For the purposes of this division, any	70386
branch or regional campus of a public institution of higher	70387
education is part of that institution of higher education.	70388

(5) Designate as appropriate a bargaining unit that contains	70389
employees within the jurisdiction of more than one elected county	70390
office holder, unless the county-elected office holder and the	70391
board of county commissioners agree to such other designation;	70392

(6) With respect to members of a police department, designate	70393
as appropriate a unit that includes rank and file members of the	70394
department with members who are of the rank of sergeant or above;	70395

(7) Except as otherwise provided by division ~~(A)(3) of~~	70396
~~section 3314.10 or division~~ (B) of section 3326.18 of the Revised	70397
Code, designate as appropriate a bargaining unit that contains	70398
employees from multiple ~~community schools established under~~	70399
~~Chapter 3314. or multiple~~ science, technology, engineering, and	70400
mathematics schools established under Chapter 3326. of the Revised	70401
Code. For purposes of this division, more than one unit may be	70402
designated within a single ~~community school or~~ science,	70403
technology, engineering, and mathematics school.	70404

This section shall not be deemed to prohibit multiunit	70405
bargaining.	70406

Sec. 4123.27. Information contained in the annual statement	70407
provided for in section 4123.26 of the Revised Code, and such	70408
other information as may be furnished to the bureau of workers'	70409
compensation by employers in pursuance of that section, is for the	70410
exclusive use and information of the bureau in the discharge of	70411
its official duties, and shall not be open to the public nor be	70412
used in any court in any action or proceeding pending therein	70413
unless the bureau is a party to the action or proceeding; but the	70414
information contained in the statement may be tabulated and	70415
published by the bureau in statistical form for the use and	70416
information of other state departments and the public. No person	70417
in the employ of the bureau, except those who are authorized by	70418
the administrator of workers' compensation, shall divulge any	70419
information secured by the person while in the employ of the	70420
bureau in respect to the transactions, property, claim files,	70421
records, or papers of the bureau or in respect to the business or	70422
mechanical, chemical, or other industrial process of any company,	70423
firm, corporation, person, association, partnership, or public	70424
utility to any person other than the administrator or to the	70425
superior of such employee of the bureau.	70426

Notwithstanding the restrictions imposed by this section, the	70427
governor, select or standing committees of the general assembly,	70428
the auditor of state, the attorney general, or their designees,	70429
pursuant to the authority granted in this chapter and Chapter	70430
4121. of the Revised Code, may examine any records, claim files,	70431
or papers in possession of the industrial commission or the	70432
bureau. They also are bound by the privilege that attaches to	70433
these papers.	70434

The administrator shall report to the director of job and	70435
family services or to the county director of job and family	70436
services the name, address, and social security number or other	70437
identification number of any person receiving workers'	70438
compensation whose name or social security number or other	70439
identification number is the same as that of a person required by	70440
a court or child support enforcement agency to provide support	70441
payments to a recipient or participant of public assistance, as	70442
that term is defined in section 5101.181 of the Revised Code, and	70443
whose name is submitted to the administrator by the director under	70444
section 5101.36 of the Revised Code. The administrator also shall	70445
inform the director of the amount of workers' compensation paid to	70446
the person during such period as the director specifies.	70447

Within fourteen days after receiving from the director of job	70448
and family services a list of the names and social security	70449
numbers of recipients or participants of public assistance	70450
pursuant to section 5101.181 of the Revised Code, the	70451
administrator shall inform the auditor of state of the name,	70452
current or most recent address, and social security number of each	70453
person receiving workers' compensation pursuant to this chapter	70454
whose name and social security number are the same as that of a	70455
person whose name or social security number was submitted by the	70456
director. The administrator also shall inform the auditor of state	70457
of the amount of workers' compensation paid to the person during	70458
such period as the director specifies.	70459

The bureau and its employees, except for purposes of	70460
furnishing the auditor of state with information required by this	70461
section, shall preserve the confidentiality of recipients or	70462
participants of public assistance in compliance with ~~division (A)~~	70463
of section 5101.181 of the Revised Code.	70464

~~For the purposes of this section, "public assistance" means~~	70465
~~medical assistance provided through the medical assistance program~~	70466
~~established under section 5111.01 of the Revised Code, Ohio works~~	70467
~~first provided under Chapter 5107. of the Revised Code,~~	70468
~~prevention, retention, and contingency benefits and services~~	70469
~~provided under Chapter 5108. of the Revised Code, or disability~~	70470
~~financial assistance provided under Chapter 5115. of the Revised~~	70471
~~Code.~~	70472

Sec. 4131.03. (A) For the relief of persons who are entitled	70473
to receive benefits by virtue of the federal act, there is hereby	70474
established a coal-workers pneumoconiosis fund, which shall be	70475
separate from the funds established and administered pursuant to	70476
Chapter 4123. of the Revised Code. The fund shall consist of	70477
premiums and other payments thereto by subscribers who elect to	70478
subscribe to the fund to insure the payment of benefits required	70479
by the federal act.	70480

(B)(1) The coal-workers pneumoconiosis fund shall be in the	70481
custody of the treasurer of state. The bureau of workers'	70482
compensation shall make disbursements from the fund to those	70483
persons entitled to payment therefrom and in the amounts required	70484
pursuant to sections 4131.01 to 4131.06 of the Revised Code. All	70485
investment earnings of the fund shall be credited to the fund.	70486

(2) ~~The~~Beginning July 1, 2011, and ending June 30, 2013, the	70487
director of natural resources annually may request the	70488
administrator of workers' compensation to transfer a portion of	70489
the investment earnings credited to the coal-workers	70490
pneumoconiosis fund as provided in this division. If the	70491
administrator receives a request from the director, the	70492
administrator ~~of workers' compensation may~~, on the first day of	70493
July, or as soon as possible after that date, shall transfer a	70494
~~portion of~~from the investment earnings credited to the	70495
coal-workers pneumoconiosis fund an amount not to exceed three	70496
million dollars to the mine safety fund created in section 1561.24	70497
of the Revised Code for the purposes specified in that section and	70498
an amount not to exceed one million five hundred thousand dollars	70499
to the coal mining administration and reclamation reserve fund	70500
created in section 1513.181 of the Revised Code for the purposes	70501
specified in that section. The administrator, with the advice and	70502
consent of the bureau of workers' compensation board of directors,	70503
shall adopt rules governing the transfer in order to ensure the	70504
solvency of the coal-workers pneumoconiosis fund. For that	70505
purpose, the rules may establish tests based on measures of net	70506
assets, liabilities, expenses, interest, dividend income, or other	70507
factors that the administrator determines appropriate that may be	70508
applied prior to a transfer.	70509

(C) The administrator shall have the same powers to invest	70510
any of the surplus or reserve belonging to the coal-workers	70511
pneumoconiosis fund as are delegated to the administrator under	70512
section 4123.44 of the Revised Code with respect to the state	70513
insurance fund.	70514

(D) If the administrator determines that reinsurance of the	70515
risks of the coal-workers pneumoconiosis fund is necessary to	70516
assure solvency of the fund, the administrator may:	70517

(1) Enter into contracts for the purchase of reinsurance	70518
coverage of the risks of the fund with any company or agency	70519
authorized by law to issue contracts of reinsurance;	70520

(2) Pay the cost of reinsurance from the fund;

70521

(3) Include the costs of reinsurance as a liability and	70522
estimated liability of the fund.	70523

Sec. 4141.08. (A) There is hereby created an unemployment	70524
compensation advisory council appointed as follows:	70525

(1) Three members who on account of their vocation,	70526
employment, or affiliations can be classed as representative of	70527
employers and three members who on account of their vocation,	70528
employment, or affiliation can be classed as representatives of	70529
employees appointed by the governor with the advice and consent of	70530
the senate. All appointees shall be persons whose training and	70531
experience qualify them to deal with the difficult problems of	70532
unemployment compensation, particularly with respect to the legal,	70533
accounting, actuarial, economic, and social aspects of	70534
unemployment compensation;	70535

(2) The chairpersons of the standing committees of the senate	70536
and the house of representatives to which legislation pertaining	70537
to Chapter 4141. of the Revised Code is customarily referred;	70538

(3) Two members of the senate appointed by the president of	70539
the senate; and	70540

(4) Two members of the house of representatives appointed by	70541
the speaker of the house of representatives.	70542

The speaker and the president shall arrange that of the six	70543
legislative members appointed to the council, not more than three	70544
are members of the same political party.	70545

(B) Members appointed by the governor shall serve for a term	70546
of four years, each term ending on the same day as the date of	70547
their original appointment. Legislative members shall serve during	70548
the session of the general assembly to which they are elected and	70549
for as long as they are members of the general assembly. Vacancies	70550
shall be filled in the same manner as the original appointment but	70551
only for the unexpired part of a term.	70552

(C) Members of the council shall serve without salary but,	70553
notwithstanding section 101.26 of the Revised Code, shall be paid	70554
a meeting stipend of fifty dollars per day each and their actual	70555
and necessary expenses while engaged in the performance of their	70556
duties as members of the council which shall be paid from funds	70557
allocated to pay the expenses of the council pursuant to this	70558
section.	70559

(D) The council shall organize itself and select a	70560
chairperson or co-chairpersons and other officers and committees	70561
as it considers necessary. Seven members constitute a quorum and	70562
the council may act only upon the affirmative vote of seven	70563
members. The council shall meet at least once each calendar	70564
quarter but it may meet more often as the council considers	70565
necessary or at the request of the chairperson.	70566

(E) The council may employ professional and clerical	70567
assistance as it considers necessary and may request of the	70568
director of job and family services assistance as it considers	70569
necessary. The director shall furnish the council with office and	70570
meeting space as requested by the council.	70571

(F) The director shall pay the operating expenses of the	70572
council ~~as determined by the council~~ from moneys in the	70573
unemployment compensation special administrative fund established	70574
in section 4141.11 of the Revised Code.	70575

(G) The council shall have access to only the records of the	70576
department of job and family services that are necessary for the	70577
administration of this chapter and to the reasonable services of	70578
the employees of the department. It may request the director, or	70579
any of the employees appointed by the director, or any employer or	70580
employee subject to this chapter, to appear before it and to	70581
testify relative to the functioning of this chapter and to other	70582
relevant matters. The council may conduct research of its own,	70583
make and publish reports, and recommend to the director, the	70584
unemployment compensation review commission, the governor, or the	70585
general assembly needed changes in this chapter, or in the rules	70586
of the department as it considers necessary.	70587

Sec. 4141.11. There is hereby created in the state treasury	70588
the unemployment compensation special administrative fund. The	70589
fund shall consist of all interest collected on delinquent	70590
contributions pursuant to this chapter, all fines and forfeitures	70591
collected under this chapter, and all court costs and interest	70592
paid or collected in connection with the repayment of fraudulently	70593
obtained benefits pursuant to section 4141.35 of the Revised Code.	70594
All interest earned on the money in the fund shall be retained in	70595
the fund and shall not be credited or transferred to any other	70596
fund or account, except as provided in division (B) of this	70597
section. All moneys which are deposited or paid into this fund may	70598
be used by:	70599

(A) The director of job and family services ~~with the approval~~	70600
~~of the unemployment compensation advisory council~~ whenever it	70601
appears that such use is necessary for:	70602

(1) The proper administration of this chapter and no federal	70603
funds are available for the specific purpose for which the	70604
expenditure is to be made, provided the moneys are not substituted	70605
for appropriations from federal funds, which in the absence of	70606
such moneys would be available;	70607

(2) The proper administration of this chapter for which	70608
purpose appropriations from federal funds have been requested and	70609
approved but not received, provided the fund would be reimbursed	70610
upon receipt of the federal appropriation;	70611

(3) To the extent possible, the repayment to the unemployment	70612
compensation administration fund of moneys found by the proper	70613
agency of the United States to have been lost or expended for	70614
purposes other than, or an amount in excess of, those found	70615
necessary by the proper agency of the United States for the	70616
administration of this chapter.	70617

(B) The director or the director's deputy whenever it appears	70618
that such use is necessary for the payment of refunds or	70619
adjustments of interest, fines, forfeitures, or court costs	70620
erroneously collected and paid into this fund pursuant to this	70621
chapter.	70622

(C) The director, to pay state disaster unemployment benefits	70623
pursuant to section 4141.292 of the Revised Code. ~~The director~~	70624
~~need not have prior approval from the council to make these~~	70625
~~payments.~~	70626

(D) The director, to pay any costs attributable to the	70627
director that are associated with the sale of real property under	70628
section 4141.131 of the Revised Code. ~~The director need not have~~	70629
~~prior approval from the council to make these payments.~~	70630

Whenever the balance in the unemployment compensation special	70631
administrative fund is considered to be excessive by the ~~council~~	70632
director, the director shall request the director of budget and	70633
management to transfer to the unemployment compensation fund the	70634
amount considered to be excessive. Any balance in the unemployment	70635
compensation special administrative fund shall not lapse at any	70636
time, but shall be continuously available to the director of ~~jobs~~	70637
job and family services ~~or to the council~~ for expenditures	70638
consistent with this chapter.	70639

Sec. 4141.33. (A) "Seasonal employment" means employment of	70640
individuals hired primarily to perform services in an industry	70641
which because of climatic conditions or because of the seasonal	70642
nature of such industry it is customary to operate only during	70643
regularly recurring periods of forty weeks or less in any	70644
consecutive fifty-two weeks. "Seasonal employer" means an employer	70645
determined by the director of job and family services to be an	70646
employer whose operations and business, with the exception of	70647
certain administrative and maintenance operations, are	70648
substantially all in a seasonal industry. Any employer who claims	70649
to have seasonal employment in a seasonal industry may file with	70650
the director a written application for classification of such	70651
employment as seasonal. Whenever in any industry it is customary	70652
to operate because of climatic conditions or because of the	70653
seasonal nature of such industry only during regularly recurring	70654
periods of forty weeks or less duration, benefits shall be payable	70655
only during the longest seasonal periods which the best practice	70656
of such industry will reasonably permit. The director shall	70657
determine, after investigation, hearing, and due notice, whether	70658
the industry is seasonal and, if seasonal, establish seasonal	70659
periods for such seasonal employer. Until such determination by	70660
the director, no industry or employment shall be deemed seasonal.	70661

(B) When the director has determined such seasonal periods,	70662
the director shall also establish the proportionate number of	70663
weeks of employment and earnings required to qualify for seasonal	70664
benefit rights in place of the weeks of employment and earnings	70665
requirement stipulated in division (R) of section 4141.01 and	70666
section 4141.30 of the Revised Code, and the proportionate number	70667
of weeks for which seasonal benefits may be paid. An individual	70668
whose base period employment consists of only seasonal employment	70669
for a single seasonal employer and who meets the employment and	70670
earnings requirements determined by the director pursuant to this	70671
division will have benefit rights determined in accordance with	70672
this division. Benefit charges for such seasonal employment shall	70673
be computed and charged in accordance with division (D) of section	70674
4141.24 of the Revised Code. The director may adopt rules for	70675
implementation of this section.	70676

(C) An individual ~~whose base period employment consists of~~	70677
~~either seasonal employment with two or more seasonal employers or~~	70678
~~both seasonal employment and nonseasonal employment with employers~~	70679
~~subject to this chapter, will have benefit rights determined in~~	70680
~~accordance with division (R) of section 4141.01 and section~~	70681
~~4141.30 of the Revised Code. Benefit charges for both seasonal and~~	70682
~~nonseasonal employment shall be computed and charged in accordance~~	70683
~~with division (D) of section 4141.24 of the Revised Code. The~~	70684
~~total seasonal and nonseasonal benefits during a benefit year~~	70685
~~cannot exceed twenty-six times the weekly benefit amount~~who	70686
performs services that substantially consist of services performed	70687
in seasonal employment shall not be paid benefits for those	70688
services for any week in the period between two successive	70689
seasonal periods if the individual performed those services in the	70690
first of the seasonal periods and there is reasonable assurance	70691
that the individual will perform those services in the later of	70692
the seasonal periods. The director shall adopt rules for the	70693
implementation of this division.	70694

(D) Benefits shall not be paid to any individual on the basis	70695
of any services, substantially all of which consist of	70696
participating in sports or athletic events or training or	70697
preparing to so participate, for any week which commences during	70698
the period between two successive sport seasons, or similar	70699
periods, if the individual performed services in the first of the	70700
seasons, or similar periods, and there is a reasonable assurance	70701
that the individual will perform services in the later of the	70702
seasons, or similar periods.	70703

~~(1)~~(E) The term "reasonable assurance" as used in this	70704
~~division~~section means a written, verbal, or implied agreement	70705
that the individual will perform services in the same or similar	70706
capacity during the ensuing sports season or seasonal period.	70707

~~(2)~~(F) The director shall adopt rules concerning the	70708
eligibility for benefits of individuals under divisions (C) and	70709
(D) of this ~~division~~section.	70710

Sec. 4301.12. The division of liquor control shall provide	70711
for the custody, safekeeping, and deposit of all moneys, checks,	70712
and drafts received by it or any of its employees or agents prior	70713
to paying them to the treasurer of state as provided by section	70714
113.08 of the Revised Code.	70715

A sum equal to three dollars and thirty-eight cents for each	70716
gallon of spirituous liquor sold by the division, JobsOhio, or a	70717
designee of JobsOhio during the period covered by the payment	70718
shall be paid into the state treasury to the credit of the general	70719
revenue fund. All moneys received from permit fees, except B-2a	70720
and S permit fees from B-2a and S permit holders who do not also	70721
hold A-2 permits, shall be paid to the credit of the undivided	70722
liquor permit fund established by section 4301.30 of the Revised	70723
Code.	70724

Except as otherwise provided by law, all moneys collected	70725
under Chapters 4301. and 4303. of the Revised Code shall be paid	70726
by the division into the state treasury to the credit of the	70727
liquor control fund, which is hereby created. In addition, revenue	70728
resulting from any contracts with the department of commerce	70729
pertaining to the responsibilities and operations described in	70730
this chapter may be credited to the fund. Amounts in the liquor	70731
control fund may be used to pay the operating expenses of the	70732
liquor control commission.	70733

Whenever, in the judgment of the director of budget and	70734
management, the amount in the liquor control fund is in excess of	70735
that needed to meet the maturing obligations of the division, as	70736
working capital for its further operations, to pay the operating	70737
expenses of the commission, and for the alcohol testing program	70738
under section 3701.143 of the Revised Code, the director shall	70739
transfer the excess to the credit of the general revenue fund. If	70740
the director determines that the amount in the liquor control fund	70741
is insufficient, the director may transfer money from the general	70742
revenue fund to the liquor control fund.	70743

Sec. 4301.43. (A) As used in sections 4301.43 to 4301.50 of	70744
the Revised Code:	70745

(1) "Gallon" or "wine gallon" means one hundred twenty-eight	70746
fluid ounces.	70747

(2) "Sale" or "sell" includes exchange, barter, gift,	70748
distribution, and, except with respect to A-4 permit holders,	70749
offer for sale.	70750

(B) For the purposes of providing revenues for the support of	70751
the state and encouraging the grape industries in the state, a tax	70752
is hereby levied on the sale or distribution of wine in Ohio,	70753
except for known sacramental purposes, at the rate of thirty cents	70754
per wine gallon for wine containing not less than four per cent of	70755
alcohol by volume and not more than fourteen per cent of alcohol	70756
by volume, ninety-eight cents per wine gallon for wine containing	70757
more than fourteen per cent but not more than twenty-one per cent	70758
of alcohol by volume, one dollar and eight cents per wine gallon	70759
for vermouth, and one dollar and forty-eight cents per wine gallon	70760
for sparkling and carbonated wine and champagne, the tax to be	70761
paid by the holders of A-2 and B-5 permits or by any other person	70762
selling or distributing wine upon which no tax has been paid. From	70763
the tax paid under this section on wine, vermouth, and sparkling	70764
and carbonated wine and champagne, the treasurer of state shall	70765
credit to the Ohio grape industries fund created under section	70766
924.54 of the Revised Code a sum equal to one cent per gallon for	70767
each gallon upon which the tax is paid.	70768

(C) For the purpose of providing revenues for the support of	70769
the state, there is hereby levied a tax on prepared and bottled	70770
highballs, cocktails, cordials, and other mixed beverages at the	70771
rate of one dollar and twenty cents per wine gallon to be paid by	70772
holders of A-4 permits or by any other person selling or	70773
distributing those products upon which no tax has been paid. Only	70774
one sale of the same article shall be used in computing the amount	70775
of tax due. The tax on mixed beverages to be paid by holders of	70776
A-4 permits under this section shall not attach until the	70777
ownership of the mixed beverage is transferred for valuable	70778
consideration to a wholesaler or retailer, and no payment of the	70779
tax shall be required prior to that time.	70780

(D) During the period of July 1, ~~2009~~2011, through June 30,	70781
~~2011~~2013, from the tax paid under this section on wine, vermouth,	70782
and sparkling and carbonated wine and champagne, the treasurer of	70783
state shall credit to the Ohio grape industries fund created under	70784
section 924.54 of the Revised Code a sum equal to two cents per	70785
gallon upon which the tax is paid. The amount credited under this	70786
division is in addition to the amount credited to the Ohio grape	70787
industries fund under division (B) of this section.	70788

(E) For the purpose of providing revenues for the support of	70789
the state, there is hereby levied a tax on cider at the rate of	70790
twenty-four cents per wine gallon to be paid by the holders of A-2	70791
and B-5 permits or by any other person selling or distributing	70792
cider upon which no tax has been paid. Only one sale of the same	70793
article shall be used in computing the amount of the tax due.	70794

Sec. 4301.62. (A) As used in this section:

70795

(1) "Chauffeured limousine" means a vehicle registered under	70796
section 4503.24 of the Revised Code.	70797

(2) "Street," "highway," and "motor vehicle" have the same	70798
meanings as in section 4511.01 of the Revised Code.	70799

(B) No person shall have in the person's possession an opened	70800
container of beer or intoxicating liquor in any of the following	70801
circumstances:	70802

(1) In a state liquor store;

70803

(2) Except as provided in division (C) of this section, on	70804
the premises of the holder of any permit issued by the division of	70805
liquor control;	70806

(3) In any other public place;

70807

(4) Except as provided in division (D) or (E) of this	70808
section, while operating or being a passenger in or on a motor	70809
vehicle on any street, highway, or other public or private	70810
property open to the public for purposes of vehicular travel or	70811
parking;	70812

(5) Except as provided in division (D) or (E) of this	70813
section, while being in or on a stationary motor vehicle on any	70814
street, highway, or other public or private property open to the	70815
public for purposes of vehicular travel or parking.	70816

(C)(1) A person may have in the person's possession an opened	70817
container of any of the following:	70818

(a) Beer or intoxicating liquor that has been lawfully	70819
purchased for consumption on the premises where bought from the	70820
holder of an A-1-A, A-2, A-3a, D-1, D-2, D-3, D-3a, D-4, D-4a,	70821
D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j,	70822
D-5k, D-5l, D-5m, D-5n, D-5o, D-7, D-8, E, F, F-2, F-5, F-7, or	70823
F-8 permit;	70824

(b) Beer, wine, or mixed beverages served for consumption on	70825
the premises by the holder of an F-3 permit or wine served for	70826
consumption on the premises by the holder of an F-4 or F-6 permit;	70827

(c) Beer or intoxicating liquor consumed on the premises of a	70828
convention facility as provided in section 4303.201 of the Revised	70829
Code;	70830

(d) Beer or intoxicating liquor to be consumed during	70831
tastings and samplings approved by rule of the liquor control	70832
commission.	70833

(2) A person may have in the person's possession on an F	70834
liquor permit premises an opened container of beer or intoxicating	70835
liquor that was not purchased from the holder of the F permit if	70836
the premises for which the F permit is issued is a music festival	70837
and the holder of the F permit grants permission for that	70838
possession on the premises during the period for which the F	70839
permit is issued. As used in this division, "music festival" means	70840
a series of outdoor live musical performances, extending for a	70841
period of at least three consecutive days and located on an area	70842
of land of at least forty acres.	70843

(3)(a) A person may have in the person's possession on a D-2	70844
liquor permit premises an opened or unopened container of wine	70845
that was not purchased from the holder of the D-2 permit if the	70846
premises for which the D-2 permit is issued is an outdoor	70847
performing arts center, the person is attending an orchestral	70848
performance, and the holder of the D-2 permit grants permission	70849
for the possession and consumption of wine in certain	70850
predesignated areas of the premises during the period for which	70851
the D-2 permit is issued.	70852

(b) As used in division (C)(3)(a) of this section:

70853

(i) "Orchestral performance" means a concert comprised of a	70854
group of not fewer than forty musicians playing various musical	70855
instruments.	70856

(ii) "Outdoor performing arts center" means an outdoor	70857
performing arts center that is located on not less than one	70858
hundred fifty acres of land and that is open for performances from	70859
the first day of April to the last day of October of each year.	70860

(4) A person may have in the person's possession an opened or	70861
unopened container of beer or intoxicating liquor at an outdoor	70862
location at which the person is attending an orchestral	70863
performance as defined in division (C)(3)(b)(i) of this section if	70864
the person with supervision and control over the performance	70865
grants permission for the possession and consumption of beer or	70866
intoxicating liquor in certain predesignated areas of that outdoor	70867
location.	70868

(5) A person may have in the person's possession on an F-9	70869
liquor permit premises an opened or unopened container of beer or	70870
intoxicating liquor that was not purchased from the holder of the	70871
F-9 permit if the person is attending an orchestral performance	70872
and the holder of the F-9 permit grants permission for the	70873
possession and consumption of beer or intoxicating liquor in	70874
certain predesignated areas of the premises during the period for	70875
which the F-9 permit is issued.	70876

As used in division (C)(5) of this section, "orchestral	70877
performance" has the same meaning as in division (C)(3)(b) of this	70878
section.	70879

(D) This section does not apply to a person who pays all or a	70880
portion of the fee imposed for the use of a chauffeured limousine	70881
pursuant to a prearranged contract, or the guest of the person,	70882
when all of the following apply:	70883

(1) The person or guest is a passenger in the limousine.

70884

(2) The person or guest is located in the limousine, but is	70885
not occupying a seat in the front compartment of the limousine	70886
where the operator of the limousine is located.	70887

(3) The limousine is located on any street, highway, or other	70888
public or private property open to the public for purposes of	70889
vehicular travel or parking.	70890

(E) An opened bottle of wine that was purchased from the	70891
holder of a permit that authorizes the sale of wine for	70892
consumption on the premises where sold is not an opened container	70893
for the purposes of this section if both of the following apply:	70894

(1) The opened bottle of wine is securely resealed by the	70895
permit holder or an employee of the permit holder before the	70896
bottle is removed from the premises. The bottle shall be secured	70897
in such a manner that it is visibly apparent if the bottle has	70898
been subsequently opened or tampered with.	70899

(2) The opened bottle of wine that is resealed in accordance	70900
with division (E)(1) of this section is stored in the trunk of a	70901
motor vehicle or, if the motor vehicle does not have a trunk,	70902
behind the last upright seat or in an area not normally occupied	70903
by the driver or passengers and not easily accessible by the	70904
driver.	70905

Sec. 4301.80. (A) As used in this section, "community	70906
entertainment district" means a bounded area that includes or will	70907
include a combination of entertainment, retail, educational,	70908
sporting, social, cultural, or arts establishments within close	70909
proximity to some or all of the following types of establishments	70910
within the district, or other types of establishments similar to	70911
these:	70912

(1) Hotels;

70913

(2) Restaurants;

70914

(3) Retail sales establishments;

70915

(4) Enclosed shopping centers;

70916

(5) Museums;

70917

(6) Performing arts theaters;

70918

(7) Motion picture theaters;

70919

(8) Night clubs;

70920

(9) Convention facilities;

70921

(10) Sports facilities;

70922

(11) Entertainment facilities or complexes;

70923

(12) Any combination of the establishments described in	70924
division (A)(1) to (11) of this section that provide similar	70925
services to the community.	70926

(B) Any owner of property located in a municipal corporation	70927
seeking to have that property, or that property and other	70928
surrounding property, designated as a community entertainment	70929
district shall file an application seeking this designation with	70930
the mayor of the municipal corporation in which that property is	70931
located. Any owner of property located in the unincorporated area	70932
of a township seeking to have that property, or that property and	70933
other surrounding property, designated as a community	70934
entertainment district shall file an application seeking this	70935
designation with the board of township trustees of the township in	70936
whose unincorporated area that property is located. An application	70937
to designate an area as a community entertainment district shall	70938
contain all of the following:	70939

(1) The applicant's name and address;

70940

(2) A map or survey of the proposed community entertainment	70941
district in sufficient detail to identify the boundaries of the	70942
district and the property owned by the applicant;	70943

(3) A general statement of the nature and types of	70944
establishments described in division (A) of this section that are	70945
or will be located within the proposed community improvement	70946
district and any other establishments located in the proposed	70947
community entertainment district that are not described in	70948
division (A) of this section;	70949

(4) If some or all of the establishments within the proposed	70950
community entertainment district have not yet been developed, the	70951
proposed time frame for completing the development of these	70952
establishments;	70953

(5) Evidence that the uses of land within the proposed	70954
community entertainment district are in accord with the municipal	70955
corporation's or township's master zoning plan or map;	70956

(6) A certificate from a surveyor or engineer licensed under	70957
Chapter 4733. of the Revised Code indicating that the area	70958
encompassed by the proposed community entertainment district	70959
contains no less than twenty contiguous acres;	70960

(7) A handling and processing fee to accompany the	70961
application, payable to the applicable municipal corporation or	70962
township, in an amount determined by that municipal corporation or	70963
township.	70964

(C) An application described in division (B) of this section	70965
relating to an area located in a municipal corporation shall be	70966
addressed and submitted to the mayor of the municipal corporation	70967
in which the area described in the application is located. The	70968
mayor, within thirty days after receiving the application, shall	70969
submit the application with the mayor's recommendation to the	70970
legislative authority of the municipal corporation. An application	70971
described in division (B) of this section relating to an area	70972
located in the unincorporated area of a township shall be	70973
addressed and submitted to the board of township trustees of the	70974
township in whose unincorporated area the area described in the	70975
application is located. The application is a public record for	70976
purposes of section 149.43 of the Revised Code upon its receipt by	70977
the mayor or board of township trustees.	70978

Within thirty days after it receives the application and the	70979
mayor's recommendations relating to the application, the	70980
legislative authority of the municipal corporation, by notice	70981
published once a week for two consecutive weeks in ~~at least~~ one	70982
newspaper of general circulation in the municipal corporation or	70983
as provided in section 7.16 of the Revised Code, shall notify the	70984
public that the application is on file in the office of the clerk	70985
of the municipal corporation and is available for inspection by	70986
the public during regular business hours. Within thirty days after	70987
it receives the application, the board of township trustees, by	70988
notice published once a week for two consecutive weeks in ~~at least~~	70989
one newspaper of general circulation in the township or as	70990
provided in section 7.16 of the Revised Code, shall notify the	70991
public that the application is on file in the office of the	70992
township fiscal officer and is available for inspection by the	70993
public during regular business hours. The notice shall also	70994
indicate the date and time of any public hearing by the	70995
legislative authority or board of township trustees on the	70996
application.	70997

Within seventy-five days after the date the application is	70998
filed with the mayor of a municipal corporation, the legislative	70999
authority of the municipal corporation by ordinance or resolution	71000
shall approve or disapprove the application based on whether the	71001
proposed community entertainment district does or will	71002
substantially contribute to entertainment, retail, educational,	71003
sporting, social, cultural, or arts opportunities for the	71004
community. The community considered shall at a minimum include the	71005
municipal corporation in which the community is located. Any	71006
approval of an application shall be by an affirmative majority	71007
vote of the legislative authority.	71008

Within seventy-five days after the date the application is	71009
filed with a board of township trustees, the board by resolution	71010
shall approve or disapprove the application based on whether the	71011
proposed community entertainment district does or will	71012
substantially contribute to entertainment, retail, educational,	71013
sporting, social, cultural, or arts opportunities for the	71014
community. The community considered shall at a minimum include the	71015
township in which the community is located. Any approval of an	71016
application shall be by an affirmative majority vote of the board	71017
of township trustees.	71018

If the legislative authority or board of township trustees	71019
disapproves the application, the applicant may make changes in the	71020
application to secure its approval by the legislative authority or	71021
board of township trustees. Any area approved by the legislative	71022
authority or board of township trustees constitutes a community	71023
entertainment district, and a local option election may be	71024
conducted in the district, as a type of community facility, under	71025
section 4301.356 of the Revised Code.	71026

(D) All or part of an area designated as a community	71027
entertainment district may lose this designation as provided in	71028
this division. The legislative authority of a municipal	71029
corporation in which a community entertainment district is	71030
located, or the board of township trustees of the township in	71031
whose unincorporated area a community entertainment district is	71032
located, after giving notice of its proposed action by publication	71033
once a week for two consecutive weeks in ~~at least~~ one newspaper of	71034
general circulation in the municipal corporation or township or as	71035
provided in section 7.16 of the Revised Code, may determine by	71036
ordinance or resolution in the case of the legislative authority	71037
of a municipal corporation, or by resolution in the case of a	71038
board of township trustees of a township, that all or part of the	71039
area fails to meet the standards described in this section for	71040
designation of an area as a community entertainment district. If	71041
the legislative authority or board so determines, the area	71042
designated in the ordinance or resolution no longer constitutes a	71043
community entertainment district.	71044

Sec. 4301.81. (A) As used in this section:

71045

(1) "Revitalization district" means a bounded area that	71046
includes or will include a combination of entertainment, retail,	71047
educational, sporting, social, cultural, or arts establishments	71048
within close proximity to some or all of the following types of	71049
establishments within the district, or other types of	71050
establishments similar to these:	71051

(a) Hotels;

71052

(b) Restaurants;

71053

71054

(d) Enclosed shopping centers;

71055

(e) Museums;

71056

(f) Performing arts theaters;

71057

(g) Motion picture theaters;

71058

(h) Night clubs;

71059

(i) Convention facilities;

71060

(j) Sports facilities;

71061

(k) Entertainment facilities or complexes;

71062

(l) Any combination of the establishments described in	71063
divisions (A)(1)(a) to (k) of this section that provide similar	71064
services to the community.	71065

(2) "Municipal corporation" means a municipal corporation	71066
with a population of less than one hundred thousand.	71067

(3) "Township" means a township with a population in its	71068
unincorporated area of less than one hundred thousand.	71069

(B) Any owner of property located in a municipal corporation	71070
seeking to have that property, or that property and other	71071
surrounding property, designated as a revitalization district	71072
shall file an application seeking this designation with the mayor	71073
of the municipal corporation in which that property is located.	71074
Any owner of property located in the unincorporated area of a	71075
township seeking to have that property, or that property and other	71076
surrounding property, designated as a revitalization district	71077
shall file an application seeking this designation with the board	71078
of township trustees of the township in whose unincorporated area	71079
that property is located. An application to designate an area as a	71080
revitalization district shall contain all of the following:	71081

(1) The applicant's name and address;

71082

(2) A map or survey of the proposed revitalization district	71083
in sufficient detail to identify the boundaries of the district	71084
and the property owned by the applicant;	71085

(3) A general statement of the nature and types of	71086
establishments described in division (A) of this section that are	71087
or will be located within the proposed revitalization district and	71088
any other establishments located in the proposed revitalization	71089
district that are not described in division (A) of this section;	71090

(4) If some or all of the establishments within the proposed	71091
revitalization district have not yet been developed, the proposed	71092
time frame for completing the development of these establishments;	71093

(5) Evidence that the uses of land within the proposed	71094
revitalization district are in accord with the municipal	71095
corporation's or township's master zoning plan or map; and	71096

(6) A handling and processing fee to accompany the	71097
application, payable to the applicable municipal corporation or	71098
township, in an amount determined by that municipal corporation or	71099
township.	71100

(C) An application relating to an area located in a municipal	71101
corporation shall be addressed and submitted to the mayor of the	71102
municipal corporation in which the area described in the	71103
application is located. The mayor, within thirty days after	71104
receiving the application, shall submit the application with the	71105
mayor's recommendation to the legislative authority of the	71106
municipal corporation. An application relating to an area located	71107
in the unincorporated area of a township shall be addressed and	71108
submitted to the board of township trustees of the township in	71109
whose unincorporated area the area described in the application is	71110
located. The application is a public record for purposes of	71111
section 149.43 of the Revised Code upon its receipt by the mayor	71112
or board of township trustees.	71113

Within thirty days after it receives the application and the	71114
mayor's recommendations relating to the application, the	71115
legislative authority of the municipal corporation, by notice	71116
published once a week for two consecutive weeks in ~~at least~~ one	71117
newspaper of general circulation in the municipal corporation or	71118
as provided in section 7.16 of the Revised Code, shall notify the	71119
public that the application is on file in the office of the clerk	71120
of the municipal corporation and is available for inspection by	71121
the public during regular business hours. Within thirty days after	71122
it receives the application, the board of township trustees, by	71123
notice published once a week for two consecutive weeks in ~~at least~~	71124
one newspaper of general circulation in the township or as	71125
provided in section 7.16 of the Revised Code, shall notify the	71126
public that the application is on file in the office of the	71127
township fiscal officer and is available for inspection by the	71128
public during regular business hours. The notice shall also	71129
indicate the date and time of any public hearing by the municipal	71130
legislative authority or board of township trustees on the	71131
application.	71132

Within seventy-five days after the date the application is	71133
filed with the mayor of a municipal corporation, the legislative	71134
authority of the municipal corporation by ordinance or resolution	71135
shall approve or disapprove the application based on whether the	71136
proposed revitalization district does or will substantially	71137
contribute to entertainment, retail, educational, sporting,	71138
social, cultural, or arts opportunities for the community. The	71139
community considered shall at a minimum include the municipal	71140
corporation in which the community is located. Any approval of an	71141
application shall be by an affirmative majority vote of the	71142
legislative authority. Not more than one revitalization district	71143
shall be designated within the municipal corporation.	71144

Within seventy-five days after the date the application is	71145
filed with a board of township trustees, the board by resolution	71146
shall approve or disapprove the application based on whether the	71147
proposed revitalization district does or will substantially	71148
contribute to entertainment, retail, educational, sporting,	71149
social, cultural, or arts opportunities for the community. The	71150
community considered shall at a minimum include the township in	71151
which the community is located. Any approval of an application	71152
shall be by an affirmative majority vote of the board of township	71153
trustees. Not more than one revitalization district shall be	71154
designated within the unincorporated area of the township.	71155

If the municipal legislative authority or board of township	71156
trustees disapproves the application, the applicant may make	71157
changes in the application to secure its approval by the	71158
legislative authority or board of township trustees. Any area	71159
approved by the legislative authority or board of township	71160
trustees constitutes a revitalization district, and a local option	71161
election may be conducted in the district, as a type of community	71162
facility, under section 4301.356 of the Revised Code.	71163

(D) All or part of an area designated as a revitalization	71164
district may lose this designation as provided in this division.	71165
The legislative authority of a municipal corporation in which a	71166
revitalization district is located, or the board of township	71167
trustees of the township in whose unincorporated area a	71168
revitalization district is located, after giving notice of its	71169
proposed action by publication once a week for two consecutive	71170
weeks in ~~at least~~ one newspaper of general circulation in the	71171
municipal corporation or township or as provided in section 7.16	71172
of the Revised Code, may determine by ordinance or resolution in	71173
the case of the legislative authority of a municipal corporation,	71174
or by resolution in the case of a board of township trustees of a	71175
township, that all or part of the area fails to meet the standards	71176
described in this section for designation of an area as a	71177
revitalization district. If the legislative authority or board so	71178
determines, the area designated in the ordinance or resolution no	71179
longer constitutes a revitalization district.	71180

Sec. 4303.02. Permit A-1 may be issued to a manufacturer to	71181
manufacture beer and sell beer products in bottles or containers	71182
for home use and to retail and wholesale permit holders under	71183
rules ~~promulgated~~adopted by the division of liquor control. In	71184
addition, an A-1 permit holder may sell beer and beer products at	71185
retail, by individual drink in a glass or from a container, for	71186
consumption on the premises where sold. The fee for this permit is	71187
three thousand nine hundred six dollars for each plant during the	71188
year covered by the permit.	71189

Sec. 4303.209. (A)(1) The division of liquor control may	71190
issue an F-9 permit to a nonprofit corporation that operates a	71191
park on property leased from a municipal corporation or a	71192
nonprofit corporation that provides or manages entertainment	71193
programming pursuant to an agreement with a nonprofit corporation	71194
that operates a park on property leased from a municipal	71195
corporation to sell beer or intoxicating liquor by the individual	71196
drink at specific events conducted within the park property and	71197
appurtenant streets, but only if, and only at times at which, the	71198
sale of beer and intoxicating liquor on the premises is otherwise	71199
permitted by law. Additionally, an F-9 permit may be issued only	71200
if the park property is located in a county that has a population	71201
of between one million one hundred thousand and one million two	71202
hundred thousand on the effective date of this section.	71203

(2) The division may issue separate F-9 permits to a	71204
nonprofit corporation that operates a park on property leased from	71205
a municipal corporation and a nonprofit corporation that provides	71206
or manages entertainment programming pursuant to an agreement with	71207
a nonprofit corporation that operates a park on property leased	71208
from a municipal corporation to be effective during the same time	71209
period. However, the permit privileges may be exercised by only	71210
one of the holders of an F-9 permit at specific events. The other	71211
holder of an F-9 permit shall certify to the division that it will	71212
not exercise its permit privileges during that specific event.	71213

(3) The premises on which an F-9 permit will be used shall be	71214
clearly defined and sufficiently restricted to allow proper	71215
supervision of the permit's use by state and local law enforcement	71216
officers. Sales under an F-9 permit shall be confined to the same	71217
hours permitted to the holder of a D-3 permit.	71218

(4) The fee for an F-9 permit is one thousand seven hundred	71219
dollars. An F-9 permit is effective for a period not to exceed	71220
nine months as specified in the permit. An F-9 permit is not	71221
transferable or renewable. However, the holder of an F-9 permit	71222
may apply for a new F-9 permit at any time. The holder of an F-9	71223
permit shall make sales only at those specific events about which	71224
the permit holder has notified in advance the division of liquor	71225
control, the department of public safety, and the chief, sheriff,	71226
or other principal peace officer of the local law enforcement	71227
agencies having jurisdiction over the premises.	71228

(B)(1) An application for the issuance of an F-9 permit is	71229
subject to the notice and hearing requirements established in	71230
division (A) of section 4303.26 of the Revised Code.	71231

(2) The liquor control commission shall adopt rules under	71232
Chapter 119. of the Revised Code necessary to administer this	71233
section.	71234

(C) No F-9 permit holder shall sell beer or intoxicating	71235
liquor beyond the hours of sale allowed by the permit. This	71236
division imposes strict liability on the holder of an F-9 permit	71237
and on any officer, agent, or employee of that permit holder.	71238

Sec. 4313.01. As used in this chapter:

71239

(A) "Enterprise acquisition project" means, as applicable,	71240
all or any portion of the capital or other assets of the	71241
spirituous liquor distribution and merchandising operations of the	71242
division of liquor control, including, without limitation,	71243
inventory, real property rights, equipment, furnishings, the	71244
spirituous liquor distribution system including transportation,	71245
the monetary management system, warehouses, contract rights,	71246
rights to take assignment of contracts and related receipts and	71247
revenues, accounts receivable, the exclusive right to manage and	71248
control spirituous liquor distribution and merchandising and to	71249
sell spirituous liquor in the state subject to the control of the	71250
division of liquor control pursuant to the terms of the transfer	71251
agreement, and all necessary appurtenances thereto, or leasehold	71252
interests therein, and the assets and liabilities of the	71253
facilities establishment fund.	71254

(B) "JobsOhio" means the nonprofit corporation formed under	71255
section 187.01 of the Revised Code and includes any subsidiary of	71256
that corporation unless otherwise specified or clearly implied	71257
from the context, together with any successor or assignee of that	71258
corporation or any such subsidiary if and to the extent permitted	71259
by the transfer agreement or Chapter 187. of the Revised Code.	71260

(C) "Spirituous liquor profits" means all receipts	71261
representing the gross profit on the sale of spirituous liquor, as	71262
referred to in division (B)(4) of section 4301.10 of the Revised	71263
Code, less the costs, expenses, and working capital provided for	71264
therein, but excluding the sum required by the second paragraph of	71265
section 4301.12 of the Revised Code, as in effect on May 2, 1980,	71266
to be paid into the state treasury, provided that from and after	71267
the initial transfer of the enterprise acquisition project to	71268
JobsOhio and until the transfer back to the state under division	71269
(D) of section 4313.02 of the Revised Code, the reference in	71270
division (B)(4) of section 4301.10 of the Revised Code to all	71271
costs and expenses of the division and also an adequate working	71272
capital reserve for the division shall be to all costs and	71273
expenses of JobsOhio and providing an adequate working capital	71274
reserve for JobsOhio.	71275

(D) "Transfer" means an assignment and sale, conveyance,	71276
granting of a franchise, lease, or transfer of all or an interest.	71277

(E) "Transfer agreement" means the agreement entered into	71278
between the state and JobsOhio providing for the transfer of the	71279
enterprise acquisition project pursuant to section 4313.02 of the	71280
Revised Code and any amendments or supplements thereto.	71281

Sec. 4313.02. (A) The state may transfer to JobsOhio, and	71282
JobsOhio may accept the transfer of, all or a portion of the	71283
enterprise acquisition project for a transfer price payable by	71284
JobsOhio to the state. Any such transfer shall be treated as an	71285
absolute conveyance and true sale of the interest in the	71286
enterprise acquisition project purported to be conveyed for all	71287
purposes, and not as a pledge or other security interest. The	71288
characterization of any such transfer as a true sale and absolute	71289
conveyance shall not be negated or adversely affected by the	71290
acquisition or retention by the state of a residual interest in	71291
the enterprise acquisition project, the participation of any state	71292
officer or employee as a member or officer of, or provision of	71293
staff support to, JobsOhio, any responsibility an officer or	71294
employee of the state may have to collect amounts to be received	71295
by JobsOhio from the enterprise acquisition project, or the	71296
retention of the state of any legal title to or interest in any	71297
portion of the enterprise acquisition project for the purpose of	71298
these collection activities, or any characterization of JobsOhio	71299
or obligations of JobsOhio under accounting, taxation, or	71300
securities regulations, or any other reason whatsoever. An	71301
absolute conveyance and true sale or lease shall exist under this	71302
section regardless of whether JobsOhio has any recourse against	71303
the state or the treatment or characterization of the transfer as	71304
a financing for any purpose. Upon and following the transfer, the	71305
state shall not have any right, title, or interest in the	71306
enterprise acquisition project so transferred other than any	71307
residual interest that may be described in the transfer agreement	71308
pursuant to the following paragraph and division (D) of this	71309
section. Any determination of the fair market value of the	71310
enterprise acquisition project reflected in the transfer agreement	71311
shall be conclusive and binding on the state and JobsOhio.	71312

Any transfer of the enterprise acquisition project that is a	71313
lease or grant of a franchise shall be for a term not to exceed	71314
twenty-five years. Any transfer of the enterprise acquisition	71315
project that is an assignment and sale, conveyance, or other	71316
transfer shall contain a provision that the state shall have the	71317
option to have conveyed or transferred back to it, at no cost, the	71318
enterprise acquisition project, as it then exists, no later than	71319
twenty-five years after the original transfer authorized in the	71320
transfer agreement on such other terms as shall be provided in the	71321
transfer agreement.	71322

The exercise of the powers granted by this section will be	71323
for the benefit of the people of the state. As the services	71324
performed by JobsOhio will constitute the performance of essential	71325
government functions, all or any portion of the enterprise	71326
acquisition project transferred pursuant to the transfer agreement	71327
that would be exempt from real property taxes or assessments or	71328
real property taxes or assessments in the absence of such transfer	71329
shall, as it may from time to time exist thereafter, remain exempt	71330
from real property taxes or assessments levied by the state and	71331
its subdivisions to the same extent as if not transferred. The	71332
gross receipts and income of JobsOhio derived from the enterprise	71333
acquisition project shall be exempt from taxation levied by the	71334
state and its subdivisions, including, but not limited to, the	71335
taxes levied pursuant to Chapters 718., 5739., 5741., 5747., and	71336
5751. of the Revised Code. Any transfer from the state to JobsOhio	71337
of the enterprise acquisition project, or item included or to be	71338
included in the project, shall be exempt from the taxes levied	71339
pursuant to Chapters 5739. and 5741. of the Revised Code.	71340

(B) The proceeds of any transfer under division (A) of this	71341
section may be expended as provided in the transfer agreement for	71342
any one or more of the following purposes:	71343

(1) Funding, payment, or defeasance of outstanding bonds	71344
issued pursuant to Chapters 151. and 166. of the Revised Code and	71345
secured by pledged liquor profits as defined in section 151.40 of	71346
the Revised Code;	71347

(2) Deposit into the general revenue fund;

71348

(3) Deposit into the clean Ohio revitalization fund created	71349
pursuant to section 122.658 of the Revised Code, the innovation	71350
Ohio loan fund created pursuant to section 166.16 of the Revised	71351
Code, the research and development loan fund created pursuant to	71352
section 166.20 of the Revised Code, the logistics and distribution	71353
infrastructure fund created pursuant to section 166.26 of the	71354
Revised Code, the advanced energy research and development fund	71355
created pursuant to section 3706.27 of the Revised Code, and the	71356
advanced energy research and development taxable fund created	71357
pursuant to section 3706.27 of the Revised Code;	71358

(4) Conveyance to JobsOhio for the purposes for which it was	71359
created.	71360

(C)(1) The state may covenant, pledge, and agree in the	71361
transfer agreement, with and for the benefit of JobsOhio, that it	71362
shall maintain statutory authority for the enterprise acquisition	71363
project and the revenues of the enterprise acquisition project and	71364
not otherwise materially impair any obligations supported by a	71365
pledge of revenues of the enterprise acquisition project. The	71366
transfer agreement may provide or authorize the manner for	71367
determining material impairment of the security for any such	71368
outstanding obligations, including by assessing and evaluating the	71369
revenues of the enterprise acquisition project.	71370

(2) The governor, director of development, director of	71371
commerce, and director of budget and management may, without need	71372
for any other approval take any action and execute any documents,	71373
including any transfer agreements, necessary to effect the	71374
transfer and the acceptance of the transfer of the enterprise	71375
acquisition project. The director of budget and management,	71376
director of commerce, and director of development may also,	71377
without need for any other approval, retain or contract for the	71378
services of commercial appraisers, underwriters, investment	71379
bankers, and financial advisers, as are necessary in their	71380
judgment to effect the transfer agreement. Any transfer agreement	71381
may contain terms and conditions established by the state to carry	71382
out and effectuate the purposes of this section, including,	71383
without limitation, covenants binding the state in favor of	71384
JobsOhio. Any such transfer agreement shall be sufficient to	71385
effectuate the transfer without regard to any other laws governing	71386
other property sales or financial transactions by the state. The	71387
director of budget and management may create any funds or	71388
accounts, within or without the state treasury, as are needed for	71389
the transactions and activities authorized by this section.	71390

(3) The transfer agreement may authorize JobsOhio to sell,	71391
lease, release, or otherwise dispose of real and personal property	71392
or interests therein, or a combination thereof, acquired by	71393
JobsOhio under this section and no longer needed for the purposes	71394
of this chapter, the enterprise acquisition project, or JobsOhio,	71395
and to grant such easements and other interests and rights in,	71396
over, under, or across all or a portion of the enterprise	71397
acquisition project as will not interfere with its use of such	71398
property. Such sale, lease, release, disposition, or grant may be	71399
made without competitive bidding and in such manner and for such	71400
consideration as JobsOhio in its judgment deems appropriate.	71401
Subject to the provisions of the first sentence of this paragraph,	71402
ownership of the interest in the enterprise acquisition project	71403
that is transferred to JobsOhio under this section and the	71404
transfer agreement shall be maintained in JobsOhio or a nonprofit	71405
entity the sole member of which is JobsOhio until the enterprise	71406
acquisition project is transferred back to the state pursuant to	71407
the second paragraph of division (A) and division (D) of this	71408
section.	71409

(D) The transfer agreement may authorize JobsOhio to fix,	71410
alter, and collect rentals and other charges for the use and	71411
occupancy of all or any portion of the enterprise acquisition	71412
project and to lease any portion of the enterprise acquisition	71413
project to others, and shall include a contract with, or the	71414
granting of an option to, the state to have the enterprise	71415
acquisition project, as it then exists, transferred back to it	71416
without charge in accordance with the terms of the transfer	71417
agreement after retirement or redemption, or provision therefor,	71418
of all obligations supported by a pledge of spirituous liquor	71419
profits.	71420

(E) JobsOhio, the director of budget and management, the	71421
director of commerce, and the director of development may also,	71422
without need for any other approval, enter into a contract, which	71423
may be part of the transfer agreement, for the continuing	71424
operation by the division of liquor control of spirituous liquor	71425
distribution and merchandising subject to standards for	71426
performance provided in that contract that may relate to or	71427
support division (C)(1) of this section. The contract may	71428
establish other terms and conditions for the assignment of duties	71429
to, and the provision of advice, services, and other assistance	71430
by, the division of liquor control, including providing for the	71431
necessary staffing and payment by JobsOhio of appropriate	71432
compensation to the division for the performance of such duties	71433
and the provision of such advice, services, and other assistance.	71434
The provisions of, and activities under, any such contract are	71435
subject to the requirements of, and limitations established under,	71436
divisions (A)(1), (3), and (5) and (B)(4) of section 4301.10 and	71437
section 4301.17 of the Revised Code.	71438

(F) The transfer agreement shall require JobsOhio to pay for	71439
the operations of the division of liquor control with regard to	71440
the spirituous liquor merchandising operations of the division.	71441
The payments from JobsOhio shall be deposited into the state	71442
treasury to the credit of the liquor control fund created in	71443
section 4301.12 of the Revised Code.	71444

Sec. 4503.06. (A) The owner of each manufactured or mobile	71445
home that has acquired situs in this state shall pay either a real	71446
property tax pursuant to Title LVII of the Revised Code or a	71447
manufactured home tax pursuant to division (C) of this section.	71448

(B) The owner of a manufactured or mobile home shall pay real	71449
property taxes if either of the following applies:	71450

(1) The manufactured or mobile home acquired situs in the	71451
state or ownership in the home was transferred on or after January	71452
1, 2000, and all of the following apply:	71453

(a) The home is affixed to a permanent foundation as defined	71454
in division (C)(5) of section 3781.06 of the Revised Code.	71455

(b) The home is located on land that is owned by the owner of	71456
the home.	71457

(c) The certificate of title has been inactivated by the	71458
clerk of the court of common pleas that issued it, pursuant to	71459
division (H) of section 4505.11 of the Revised Code.	71460

(2) The manufactured or mobile home acquired situs in the	71461
state or ownership in the home was transferred before January 1,	71462
2000, and all of the following apply:	71463

(a) The home is affixed to a permanent foundation as defined	71464
in division (C)(5) of section 3781.06 of the Revised Code.	71465

(b) The home is located on land that is owned by the owner of	71466
the home.	71467

(c) The owner of the home has elected to have the home taxed	71468
as real property and, pursuant to section 4505.11 of the Revised	71469
Code, has surrendered the certificate of title to the auditor of	71470
the county containing the taxing district in which the home has	71471
its situs, together with proof that all taxes have been paid.	71472

(d) The county auditor has placed the home on the real	71473
property tax list and delivered the certificate of title to the	71474
clerk of the court of common pleas that issued it and the clerk	71475
has inactivated the certificate.	71476

(C)(1) Any mobile or manufactured home that is not taxed as	71477
real property as provided in division (B) of this section is	71478
subject to an annual manufactured home tax, payable by the owner,	71479
for locating the home in this state. The tax as levied in this	71480
section is for the purpose of supplementing the general revenue	71481
funds of the local subdivisions in which the home has its situs	71482
pursuant to this section.	71483

(2) The year for which the manufactured home tax is levied	71484
commences on the first day of January and ends on the following	71485
thirty-first day of December. The state shall have the first lien	71486
on any manufactured or mobile home on the list for the amount of	71487
taxes, penalties, and interest charged against the owner of the	71488
home under this section. The lien of the state for the tax for a	71489
year shall attach on the first day of January to a home that has	71490
acquired situs on that date. The lien for a home that has not	71491
acquired situs on the first day of January, but that acquires	71492
situs during the year, shall attach on the next first day of	71493
January. The lien shall continue until the tax, including any	71494
penalty or interest, is paid.	71495

(3)(a) The situs of a manufactured or mobile home located in	71496
this state on the first day of January is the local taxing	71497
district in which the home is located on that date.	71498

(b) The situs of a manufactured or mobile home not located in	71499
this state on the first day of January, but located in this state	71500
subsequent to that date, is the local taxing district in which the	71501
home is located thirty days after it is acquired or first enters	71502
this state.	71503

(4) The tax is collected by and paid to the county treasurer	71504
of the county containing the taxing district in which the home has	71505
its situs.	71506

(D) The manufactured home tax shall be computed and assessed	71507
by the county auditor of the county containing the taxing district	71508
in which the home has its situs as follows:	71509

(1) On a home that acquired situs in this state prior to	71510
January 1, 2000:	71511

(a) By multiplying the assessable value of the home by the	71512
tax rate of the taxing district in which the home has its situs,	71513
and deducting from the product thus obtained any reduction	71514
authorized under section 4503.065 of the Revised Code. The tax	71515
levied under this formula shall not be less than thirty-six	71516
dollars, unless the home qualifies for a reduction in assessable	71517
value under section 4503.065 of the Revised Code, in which case	71518
there shall be no minimum tax and the tax shall be the amount	71519
calculated under this division.	71520

(b) The assessable value of the home shall be forty per cent	71521
of the amount arrived at by the following computation:	71522

(i) If the cost to the owner, or market value at time of	71523
purchase, whichever is greater, of the home includes the	71524
furnishings and equipment, such cost or market value shall be	71525
multiplied according to the following schedule:	71526

For the first calendar year			71527
in which the			71528
home is owned by the			71529
current owner	x	80%	71530
2nd calendar year	x	75%	71531
3rd "	x	70%	71532
4th "	x	65%	71533
5th "	x	60%	71534
6th "	x	55%	71535
7th "	x	50%	71536
8th "	x	45%	71537
9th "	x	40%	71538
10th and each year thereafter	x	35%	71539

The first calendar year means any period between the first	71540
day of January and the thirty-first day of December of the first	71541
year.	71542

(ii) If the cost to the owner, or market value at the time of	71543
purchase, whichever is greater, of the home does not include the	71544
furnishings and equipment, such cost or market value shall be	71545
multiplied according to the following schedule:	71546

For the first calendar year			71547
in which the			71548
home is owned by the			71549
current owner	x	95%	71550
2nd calendar year	x	90%	71551
3rd "	x	85%	71552
4th "	x	80%	71553
5th "	x	75%	71554
6th "	x	70%	71555
7th "	x	65%	71556
8th "	x	60%	71557
9th "	x	55%	71558
10th and each year thereafter	x	50%	71559

The first calendar year means any period between the first	71560
day of January and the thirty-first day of December of the first	71561
year.	71562

(2) On a home in which ownership was transferred or that	71563
first acquired situs in this state on or after January 1, 2000:	71564

(a) By multiplying the assessable value of the home by the	71565
effective tax rate, as defined in section 323.08 of the Revised	71566
Code, for residential real property of the taxing district in	71567
which the home has its situs, and deducting from the product thus	71568
obtained the reductions required or authorized under section	71569
319.302, division (B) of section 323.152, or section 4503.065 of	71570
the Revised Code.	71571

(b) The assessable value of the home shall be thirty-five per	71572
cent of its true value as determined under division (L) of this	71573
section.	71574

(3) On or before the fifteenth day of January each year, the	71575
county auditor shall record the assessable value and the amount of	71576
tax on the manufactured or mobile home on the tax list and deliver	71577
a duplicate of the list to the county treasurer. In the case of an	71578
emergency as defined in section 323.17 of the Revised Code, the	71579
tax commissioner, by journal entry, may extend the times for	71580
delivery of the duplicate for an additional fifteen days upon	71581
receiving a written application from the county auditor regarding	71582
an extension for the delivery of the duplicate, or from the county	71583
treasurer regarding an extension of the time for the billing and	71584
collection of taxes. The application shall contain a statement	71585
describing the emergency that will cause the unavoidable delay and	71586
must be received by the tax commissioner on or before the last day	71587
of the month preceding the day delivery of the duplicate is	71588
otherwise required. When an extension is granted for delivery of	71589
the duplicate, the time period for payment of taxes shall be	71590
extended for a like period of time. When a delay in the closing of	71591
a tax collection period becomes unavoidable, the tax commissioner,	71592
upon application by the county auditor and county treasurer, may	71593
order the time for payment of taxes to be extended if the tax	71594
commissioner determines that penalties have accrued or would	71595
otherwise accrue for reasons beyond the control of the taxpayers	71596
of the county. The order shall prescribe the final extended date	71597
for payment of taxes for that collection period.	71598

(4) After January 1, 1999, the owner of a manufactured or	71599
mobile home taxed pursuant to division (D)(1) of this section may	71600
elect to have the home taxed pursuant to division (D)(2) of this	71601
section by filing a written request with the county auditor of the	71602
taxing district in which the home is located on or before the	71603
first day of December of any year. Upon the filing of the request,	71604
the county auditor shall determine whether all taxes levied under	71605
division (D)(1) of this section have been paid, and if those taxes	71606
have been paid, the county auditor shall tax the manufactured or	71607
mobile home pursuant to division (D)(2) of this section commencing	71608
in the next tax year.	71609

(5) A manufactured or mobile home that acquired situs in this	71610
state prior to January 1, 2000, shall be taxed pursuant to	71611
division (D)(2) of this section if no manufactured home tax had	71612
been paid for the home and the home was not exempted from taxation	71613
pursuant to division (E) of this section for the year for which	71614
the taxes were not paid.	71615

(6)(a) Immediately upon receipt of any manufactured home tax	71616
duplicate from the county auditor, but not less than twenty days	71617
prior to the last date on which the first one-half taxes may be	71618
paid without penalty as prescribed in division (F) of this	71619
section, the county treasurer shall cause to be prepared and	71620
mailed or delivered to each person charged on that duplicate with	71621
taxes, or to an agent designated by such person, the tax bill	71622
prescribed by the tax commissioner under division (D)(7) of this	71623
section. When taxes are paid by installments, the county treasurer	71624
shall mail or deliver to each person charged on such duplicate or	71625
the agent designated by that person a second tax bill showing the	71626
amount due at the time of the second tax collection. The second	71627
half tax bill shall be mailed or delivered at least twenty days	71628
prior to the close of the second half tax collection period. A	71629
change in the mailing address of any tax bill shall be made in	71630
writing to the county treasurer. Failure to receive a bill	71631
required by this section does not excuse failure or delay to pay	71632
any taxes shown on the bill or, except as provided in division	71633
(B)(1) of section 5715.39 of the Revised Code, avoid any penalty,	71634
interest, or charge for such delay.	71635

(b) After delivery of the copy of the delinquent manufactured	71636
home tax list under division (H) of this section, the county	71637
treasurer may prepare and mail to each person in whose name a home	71638
is listed an additional tax bill showing the total amount of	71639
delinquent taxes charged against the home as shown on the list.	71640
The tax bill shall include a notice that the interest charge	71641
prescribed by division (G) of this section has begun to accrue.	71642

(7) Each tax bill prepared and mailed or delivered under	71643
division (D)(6) of this section shall be in the form and contain	71644
the information required by the tax commissioner. The commissioner	71645
may prescribe different forms for each county and may authorize	71646
the county auditor to make up tax bills and tax receipts to be	71647
used by the county treasurer. The tax bill shall not contain or be	71648
mailed or delivered with any information or material that is not	71649
required by this section or that is not authorized by section	71650
321.45 of the Revised Code or by the tax commissioner. In addition	71651
to the information required by the commissioner, each tax bill	71652
shall contain the following information:	71653

(a) The taxes levied and the taxes charged and payable	71654
against the manufactured or mobile home;	71655

(b) The following notice: "Notice: If the taxes are not paid	71656
within sixty days after the county auditor delivers the delinquent	71657
manufactured home tax list to the county treasurer, you and your	71658
home may be subject to collection proceedings for tax	71659
delinquency." Failure to provide such notice has no effect upon	71660
the validity of any tax judgment to which a home may be subjected.	71661

(c) In the case of manufactured or mobile homes taxed under	71662
division (D)(2) of this section, the following additional	71663
information:	71664

(i) The effective tax rate. The words "effective tax rate"	71665
shall appear in boldface type.	71666

(ii) The following notice: "Notice: If the taxes charged	71667
against this home have been reduced by the 2-1/2 per cent tax	71668
reduction for residences occupied by the owner but the home is not	71669
a residence occupied by the owner, the owner must notify the	71670
county auditor's office not later than March 31 of the year for	71671
which the taxes are due. Failure to do so may result in the owner	71672
being convicted of a fourth degree misdemeanor, which is	71673
punishable by imprisonment up to 30 days, a fine up to $250, or	71674
both, and in the owner having to repay the amount by which the	71675
taxes were erroneously or illegally reduced, plus any interest	71676
that may apply.	71677

If the taxes charged against this home have not been reduced	71678
by the 2-1/2 per cent tax reduction and the home is a residence	71679
occupied by the owner, the home may qualify for the tax reduction.	71680
To obtain an application for the tax reduction or further	71681
information, the owner may contact the county auditor's office at	71682
.......... (insert the address and telephone number of the county	71683
auditor's office)."	71684

(E)(1) A manufactured or mobile home is not subject to this	71685
section when any of the following applies:	71686

(a) It is taxable as personal property pursuant to section	71687
5709.01 of the Revised Code. Any manufactured or mobile home that	71688
is used as a residence shall be subject to this section and shall	71689
not be taxable as personal property pursuant to section 5709.01 of	71690
the Revised Code.	71691

(b) It bears a license plate issued by any state other than	71692
this state unless the home is in this state in excess of an	71693
accumulative period of thirty days in any calendar year.	71694

(c) The annual tax has been paid on the home in this state	71695
for the current year.	71696

(d) The tax commissioner has determined, pursuant to section	71697
5715.27 of the Revised Code, that the property is exempt from	71698
taxation, or would be exempt from taxation under Chapter 5709. of	71699
the Revised Code if it were classified as real property.	71700

(2) A travel trailer or park trailer, as these terms are	71701
defined in section 4501.01 of the Revised Code, is not subject to	71702
this section if it is unused or unoccupied and stored at the	71703
owner's normal place of residence or at a recognized storage	71704
facility.	71705

(3) A travel trailer or park trailer, as these terms are	71706
defined in section 4501.01 of the Revised Code, is subject to this	71707
section and shall be taxed as a manufactured or mobile home if it	71708
has a situs longer than thirty days in one location and is	71709
connected to existing utilities, unless either of the following	71710
applies:	71711

(a) The situs is in a state facility or a camping or park	71712
area as defined in division (C), (Q), (S), or (V) of section	71713
3729.01 of the Revised Code.	71714

(b) The situs is in a camping or park area that is a tract of	71715
land that has been limited to recreational use by deed or zoning	71716
restrictions and subdivided for sale of five or more individual	71717
lots for the express or implied purpose of occupancy by either	71718
self-contained recreational vehicles as defined in division (T) of	71719
section 3729.01 of the Revised Code or by dependent recreational	71720
vehicles as defined in division (D) of section 3729.01 of the	71721
Revised Code.	71722

(F) Except as provided in division (D)(3) of this section,	71723
the manufactured home tax is due and payable as follows:	71724

(1) When a manufactured or mobile home has a situs in this	71725
state, as provided in this section, on the first day of January,	71726
one-half of the amount of the tax is due and payable on or before	71727
the first day of March and the balance is due and payable on or	71728
before the thirty-first day of July. At the option of the owner of	71729
the home, the tax for the entire year may be paid in full on the	71730
first day of March.	71731

(2) When a manufactured or mobile home first acquires a situs	71732
in this state after the first day of January, no tax is due and	71733
payable for that year.	71734

(G)(1)(a) Except as otherwise provided in division (G)(1)(b)	71735
of this section, if one-half of the current taxes charged under	71736
this section against a manufactured or mobile home, together with	71737
the full amount of any delinquent taxes, are not paid on or before	71738
the first day of March in that year, or on or before the last day	71739
for such payment as extended pursuant to section 4503.063 of the	71740
Revised Code, a penalty of ten per cent shall be charged against	71741
the unpaid balance of such half of the current taxes. If the total	71742
amount of all such taxes is not paid on or before the thirty-first	71743
day of July, next thereafter, or on or before the last day for	71744
payment as extended pursuant to section 4503.063 of the Revised	71745
Code, a like penalty shall be charged on the balance of the total	71746
amount of the unpaid current taxes.	71747

(b) After a valid delinquent tax contract that includes	71748
unpaid current taxes from a first-half collection period described	71749
in division (F) of this section has been entered into under	71750
section 323.31 of the Revised Code, no ten per cent penalty shall	71751
be charged against such taxes after the second-half collection	71752
period while the delinquent tax contract remains in effect. On the	71753
day a delinquent tax contract becomes void, the ten per cent	71754
penalty shall be charged against such taxes and shall equal the	71755
amount of penalty that would have been charged against unpaid	71756
current taxes outstanding on the date on which the second-half	71757
penalty would have been charged thereon under division (G)(1)(a)	71758
of this section if the contract had not been in effect.	71759

(2)(a) On the first day of the month following the last day	71760
the second installment of taxes may be paid without penalty	71761
beginning in 2000, interest shall be charged against and computed	71762
on all delinquent taxes other than the current taxes that became	71763
delinquent taxes at the close of the last day such second	71764
installment could be paid without penalty. The charge shall be for	71765
interest that accrued during the period that began on the	71766
preceding first day of December and ended on the last day of the	71767
month that included the last date such second installment could be	71768
paid without penalty. The interest shall be computed at the rate	71769
per annum prescribed by section 5703.47 of the Revised Code and	71770
shall be entered as a separate item on the delinquent manufactured	71771
home tax list compiled under division (H) of this section.	71772

(b) On the first day of December beginning in 2000, the	71773
interest shall be charged against and computed on all delinquent	71774
taxes. The charge shall be for interest that accrued during the	71775
period that began on the first day of the month following the last	71776
date prescribed for the payment of the second installment of taxes	71777
in the current year and ended on the immediately preceding last	71778
day of November. The interest shall be computed at the rate per	71779
annum prescribed by section 5703.47 of the Revised Code and shall	71780
be entered as a separate item on the delinquent manufactured home	71781
tax list.	71782

(c) After a valid undertaking has been entered into for the	71783
payment of any delinquent taxes, no interest shall be charged	71784
against such delinquent taxes while the undertaking remains in	71785
effect in compliance with section 323.31 of the Revised Code. If a	71786
valid undertaking becomes void, interest shall be charged against	71787
the delinquent taxes for the periods that interest was not	71788
permitted to be charged while the undertaking was in effect. The	71789
interest shall be charged on the day the undertaking becomes void	71790
and shall equal the amount of interest that would have been	71791
charged against the unpaid delinquent taxes outstanding on the	71792
dates on which interest would have been charged thereon under	71793
divisions (G)(1) and (2) of this section had the undertaking not	71794
been in effect.	71795

(3) If the full amount of the taxes due at either of the	71796
times prescribed by division (F) of this section is paid within	71797
ten days after such time, the county treasurer shall waive the	71798
collection of and the county auditor shall remit one-half of the	71799
penalty provided for in this division for failure to make that	71800
payment by the prescribed time.	71801

(4) The treasurer shall compile and deliver to the county	71802
auditor a list of all tax payments the treasurer has received as	71803
provided in division (G)(3) of this section. The list shall	71804
include any information required by the auditor for the remission	71805
of the penalties waived by the treasurer. The taxes so collected	71806
shall be included in the settlement next succeeding the settlement	71807
then in process.	71808

(H)(1) ~~Beginning in 2000, the~~The county auditor shall	71809
compile annually a "delinquent manufactured home tax list"	71810
consisting of homes the county treasurer's records indicate have	71811
taxes that were not paid within the time prescribed by divisions	71812
(D)(3) and (F) of this section, have taxes that remain unpaid from	71813
prior years, or have unpaid tax penalties or interest that have	71814
been assessed.	71815

(2) Within thirty days after the settlement under division	71816
(H)(2) of section 321.24 of the Revised Code ~~beginning in 2000~~,	71817
the county auditor shall deliver a copy of the delinquent	71818
manufactured home tax list to the county treasurer. The auditor	71819
shall update and publish the delinquent manufactured home tax list	71820
annually in the same manner as delinquent real property tax lists	71821
are published. The county auditor ~~shall~~may apportion the cost of	71822
publishing the list among taxing districts in proportion to the	71823
amount of delinquent manufactured home taxes so published that	71824
each taxing district is entitled to receive upon collection of	71825
those taxes, or the county auditor may charge the owner of a home	71826
on the list a flat fee established under section 319.54 of the	71827
Revised Code for the cost of publishing the list and, if the fee	71828
is not paid, may place the fee upon the delinquent manufactured	71829
home tax list as a lien on the listed home, to be collected as	71830
other manufactured home taxes.	71831

(3) When taxes, penalties, or interest are charged against a	71832
person on the delinquent manufactured home tax list and are not	71833
paid within sixty days after the list is delivered to the county	71834
treasurer, the county treasurer shall, in addition to any other	71835
remedy provided by law for the collection of taxes, penalties, and	71836
interest, enforce collection of such taxes, penalties, and	71837
interest by civil action in the name of the treasurer against the	71838
owner for the recovery of the unpaid taxes following the	71839
procedures for the recovery of delinquent real property taxes in	71840
sections 323.25 to 323.28 of the Revised Code. The action may be	71841
brought in municipal or county court, provided the amount charged	71842
does not exceed the monetary limitations for original jurisdiction	71843
for civil actions in those courts.	71844

It is sufficient, having made proper parties to the suit, for	71845
the county treasurer to allege in the treasurer's bill of	71846
particulars or petition that the taxes stand chargeable on the	71847
books of the county treasurer against such person, that they are	71848
due and unpaid, and that such person is indebted in the amount of	71849
taxes appearing to be due the county. The treasurer need not set	71850
forth any other matter relating thereto. If it is found on the	71851
trial of the action that the person is indebted to the state,	71852
judgment shall be rendered in favor of the county treasurer	71853
prosecuting the action. The judgment debtor is not entitled to the	71854
benefit of any law for stay of execution or exemption of property	71855
from levy or sale on execution in the enforcement of the judgment.	71856

Upon the filing of an entry of confirmation of sale or an	71857
order of forfeiture in a proceeding brought under this division,	71858
title to the manufactured or mobile home shall be in the	71859
purchaser. The clerk of courts shall issue a certificate of title	71860
to the purchaser upon presentation of proof of filing of the entry	71861
of confirmation or order and, in the case of a forfeiture,	71862
presentation of the county auditor's certificate of sale.	71863

(I) The total amount of taxes collected shall be distributed	71864
in the following manner: four per cent shall be allowed as	71865
compensation to the county auditor for the county auditor's	71866
service in assessing the taxes; two per cent shall be allowed as	71867
compensation to the county treasurer for the services the county	71868
treasurer renders as a result of the tax levied by this section.	71869
Such amounts shall be paid into the county treasury, to the credit	71870
of the county general revenue fund, on the warrant of the county	71871
auditor. Fees to be paid to the credit of the real estate	71872
assessment fund shall be collected pursuant to division (C) of	71873
section 319.54 of the Revised Code and paid into the county	71874
treasury, on the warrant of the county auditor. The balance of the	71875
taxes collected shall be distributed among the taxing subdivisions	71876
of the county in which the taxes are collected and paid in the	71877
same ratio as those taxes were collected for the benefit of the	71878
taxing subdivision. The taxes levied and revenues collected under	71879
this section shall be in lieu of any general property tax and any	71880
tax levied with respect to the privilege of using or occupying a	71881
manufactured or mobile home in this state except as provided in	71882
sections 4503.04 and 5741.02 of the Revised Code.	71883

(J) An agreement to purchase or a bill of sale for a	71884
manufactured home shall show whether or not the furnishings and	71885
equipment are included in the purchase price.	71886

(K) If the county treasurer and the county prosecuting	71887
attorney agree that an item charged on the delinquent manufactured	71888
home tax list is uncollectible, they shall certify that	71889
determination and the reasons to the county board of revision. If	71890
the board determines the amount is uncollectible, it shall certify	71891
its determination to the county auditor, who shall strike the item	71892
from the list.	71893

(L)(1) The county auditor shall appraise at its true value	71894
any manufactured or mobile home in which ownership is transferred	71895
or which first acquires situs in this state on or after January 1,	71896
2000, and any manufactured or mobile home the owner of which has	71897
elected, under division (D)(4) of this section, to have the home	71898
taxed under division (D)(2) of this section. The true value shall	71899
include the value of the home, any additions, and any fixtures,	71900
but not any furnishings in the home. In determining the true value	71901
of a manufactured or mobile home, the auditor shall consider all	71902
facts and circumstances relating to the value of the home,	71903
including its age, its capacity to function as a residence, any	71904
obsolete characteristics, and other factors that may tend to prove	71905
its true value.	71906

(2)(a) If a manufactured or mobile home has been the subject	71907
of an arm's length sale between a willing seller and a willing	71908
buyer within a reasonable length of time prior to the	71909
determination of true value, the county auditor shall consider the	71910
sale price of the home to be the true value for taxation purposes.	71911

(b) The sale price in an arm's length transaction between a	71912
willing seller and a willing buyer shall not be considered the	71913
true value of the home if either of the following occurred after	71914
the sale:	71915

(i) The home has lost value due to a casualty.

71916

(ii) An addition or fixture has been added to the home.

71917

(3) The county auditor shall have each home viewed and	71918
appraised at least once in each six-year period in the same year	71919
in which real property in the county is appraised pursuant to	71920
Chapter 5713. of the Revised Code, and shall update the appraised	71921
values in the third calendar year following the appraisal. The	71922
person viewing or appraising a home may enter the home to	71923
determine by actual view any additions or fixtures that have been	71924
added since the last appraisal. In conducting the appraisals and	71925
establishing the true value, the auditor shall follow the	71926
procedures set forth for appraising real property in sections	71927
5713.01 and 5713.03 of the Revised Code.	71928

(4) The county auditor shall place the true value of each	71929
home on the manufactured home tax list upon completion of an	71930
appraisal.	71931

(5)(a) If the county auditor changes the true value of a	71932
home, the auditor shall notify the owner of the home in writing,	71933
delivered by mail or in person. The notice shall be given at least	71934
thirty days prior to the issuance of any tax bill that reflects	71935
the change. Failure to receive the notice does not invalidate any	71936
proceeding under this section.	71937

(b) Any owner of a home or any other person or party listed	71938
in division (A)(1) of section 5715.19 of the Revised Code may file	71939
a complaint against the true value of the home as appraised under	71940
this section. The complaint shall be filed with the county auditor	71941
on or before the thirty-first day of March of the current tax year	71942
or the date of closing of the collection for the first half of	71943
manufactured home taxes for the current tax year, whichever is	71944
later. The auditor shall present to the county board of revision	71945
all complaints filed with the auditor under this section. The	71946
board shall hear and investigate the complaint and may take action	71947
on it as provided under sections 5715.11 to 5715.19 of the Revised	71948
Code.	71949

(c) If the county board of revision determines, pursuant to a	71950
complaint against the valuation of a manufactured or mobile home	71951
filed under this section, that the amount of taxes, assessments,	71952
or other charges paid was in excess of the amount due based on the	71953
valuation as finally determined, then the overpayment shall be	71954
refunded in the manner prescribed in section 5715.22 of the	71955
Revised Code.	71956

(d) Payment of all or part of a tax under this section for	71957
any year for which a complaint is pending before the county board	71958
of revision does not abate the complaint or in any way affect the	71959
hearing and determination thereof.	71960

(M) If the county auditor determines that any tax or other	71961
charge or any part thereof has been erroneously charged as a	71962
result of a clerical error as defined in section 319.35 of the	71963
Revised Code, the county auditor shall call the attention of the	71964
county board of revision to the erroneous charges. If the board	71965
finds that the taxes or other charges have been erroneously	71966
charged or collected, it shall certify the finding to the auditor.	71967
Upon receipt of the certification, the auditor shall remove the	71968
erroneous charges on the manufactured home tax list or delinquent	71969
manufactured home tax list in the same manner as is prescribed in	71970
section 319.35 of the Revised Code for erroneous charges against	71971
real property, and refund any erroneous charges that have been	71972
collected, with interest, in the same manner as is prescribed in	71973
section 319.36 of the Revised Code for erroneous charges against	71974
real property.	71975

(N) As used in this section and section 4503.061 of the	71976
Revised Code:	71977

(1) "Manufactured home taxes" includes taxes, penalties, and	71978
interest charged under division (C) or (G) of this section and any	71979
penalties charged under division (G) or (H)(5) of section 4503.061	71980
of the Revised Code.	71981

(2) "Current taxes" means all manufactured home taxes charged	71982
against a manufactured or mobile home that have not appeared on	71983
the manufactured home tax list for any prior year. Current taxes	71984
become delinquent taxes if they remain unpaid after the last day	71985
prescribed for payment of the second installment of current taxes	71986
without penalty, whether or not they have been certified	71987
delinquent.	71988

(3) "Delinquent taxes" means:

71989

(a) Any manufactured home taxes that were charged against a	71990
manufactured or mobile home for a prior year, including any	71991
penalties or interest charged for a prior year and the costs of	71992
publication under division (H)(2) of this section, and that remain	71993
unpaid;	71994

(b) Any current manufactured home taxes charged against a	71995
manufactured or mobile home that remain unpaid after the last day	71996
prescribed for payment of the second installment of current taxes	71997
without penalty, whether or not they have been certified	71998
delinquent, including any penalties or interest and the costs of	71999
publication under division (H)(2) of this section.	72000

Sec. 4503.061. (A) All manufactured and mobile homes shall	72001
be listed on either the real property tax list or the manufactured	72002
home tax list of the county in which the home has situs. Each	72003
owner shall follow the procedures in this section to identify the	72004
home to the county auditor of the county containing the taxing	72005
district in which the home has situs so that the auditor may place	72006
the home on the appropriate tax list.	72007

(B) When a manufactured or mobile home first acquires situs	72008
in this state and is subject to real property taxation pursuant to	72009
division (B)(1) or (2) of section 4503.06 of the Revised Code, the	72010
owner shall present to the auditor of the county containing the	72011
taxing district in which the home has its situs the certificate of	72012
title for the home, together with proof that all taxes due have	72013
been paid and proof that a relocation notice was obtained for the	72014
home if required under this section. Upon receiving the	72015
certificate of title and the required proofs, the auditor shall	72016
place the home on the real property tax list and proceed to treat	72017
the home as other properties on that list. After the auditor has	72018
placed the home on the tax list of real and public utility	72019
property, the auditor shall deliver the certificate of title to	72020
the clerk of the court of common pleas that issued it pursuant to	72021
section 4505.11 of the Revised Code, and the clerk shall	72022
inactivate the certificate of title.	72023

(C)(1) When a manufactured or mobile home subject to a	72024
manufactured home tax is relocated to or first acquires situs in	72025
any county that has adopted a permanent manufactured home	72026
registration system, as provided in division (F) of this section,	72027
the owner, within thirty days after the home is relocated or first	72028
acquires situs under section 4503.06 of the Revised Code, shall	72029
register the home with the county auditor of the county containing	72030
the taxing district in which the home has its situs. For the first	72031
registration in each county of situs, the owner or vendee in	72032
possession shall present to the county auditor an Ohio certificate	72033
of title, certified copy of the certificate of title, or	72034
memorandum certificate of title as such are required by law, and	72035
proof, as required by the county auditor, that the home, if it has	72036
previously been occupied and is being relocated, has been	72037
previously registered, that all taxes due and required to be paid	72038
under division (H)(1) of this section before a relocation notice	72039
may be issued have been paid, and that a relocation notice was	72040
obtained for the home if required by division (H) of this section.	72041
If the owner or vendee does not possess the Ohio certificate of	72042
title, certified copy of the certificate of title, or memorandum	72043
certificate of title at the time the owner or vendee first	72044
registers the home in a county, the county auditor shall register	72045
the home without presentation of the document, but the owner or	72046
vendee shall present the certificate of title, certified copy of	72047
the certificate of title, or memorandum certificate of title to	72048
the county auditor within fourteen days after the owner or vendee	72049
obtains possession of the document.	72050

(2) When a manufactured or mobile home is registered for the	72051
first time in a county and when the total tax due has been paid as	72052
required by division (F) of section 4503.06 of the Revised Code or	72053
divisions (E) and (H) of this section, the county treasurer shall	72054
note by writing or by a stamp on the certificate of title,	72055
certified copy of certificate of title, or memorandum certificate	72056
of title that the home has been registered and that the taxes due,	72057
if any, have been paid for the preceding five years and for the	72058
current year. The treasurer shall then issue a certificate	72059
evidencing registration and a decal to be displayed on the street	72060
side of the home. The certificate is valid in any county in this	72061
state during the year for which it is issued.	72062

(3) For each year thereafter, the county treasurer shall	72063
issue a tax bill stating the amount of tax due under section	72064
4503.06 of the Revised Code, as provided in division (D)(6) of	72065
that section. When the total tax due has been paid as required by	72066
division (F) of that section, the county treasurer shall issue a	72067
certificate evidencing registration that shall be valid in any	72068
county in this state during the year for which the certificate is	72069
issued.	72070

(4) The permanent decal issued under this division is valid	72071
during the period of ownership, except that when a manufactured	72072
home is relocated in another county the owner shall apply for a	72073
new registration as required by this section and section 4503.06	72074
of the Revised Code.	72075

(D)(1) All owners of manufactured or mobile homes subject to	72076
the manufactured home tax being relocated to or having situs in a	72077
county that has not adopted a permanent registration system, as	72078
provided in division (F) of this section, shall register the home	72079
within thirty days after the home is relocated or first acquires	72080
situs under section 4503.06 of the Revised Code and thereafter	72081
shall annually register the home with the county auditor of the	72082
county containing the taxing district in which the home has its	72083
situs.	72084

(2) Upon the annual registration, the county treasurer shall	72085
issue a tax bill stating the amount of annual manufactured home	72086
tax due under section 4503.06 of the Revised Code, as provided in	72087
division (D)(6) of that section. When a manufactured or mobile	72088
home is registered and when the tax for the current one-half year	72089
has been paid as required by division (F) of that section, the	72090
county treasurer shall issue a certificate evidencing registration	72091
and a decal. The certificate and decal are valid in any county in	72092
this state during the year for which they are issued. The decal	72093
shall be displayed on the street side of the home.	72094

(3) For the first annual registration in each county of	72095
situs, the county auditor shall require the owner or vendee to	72096
present an Ohio certificate of title, certified copy of the	72097
certificate of title, or memorandum certificate of title as such	72098
are required by law, and proof, as required by the county auditor,	72099
that the manufactured or mobile home has been previously	72100
registered, if such registration was required, that all taxes due	72101
and required to be paid under division (H)(1) of this section	72102
before a relocation notice may be issued have been paid, and that	72103
a relocation notice was obtained for the home if required by	72104
division (H) of this section. If the owner or vendee does not	72105
possess the Ohio certificate of title, certified copy of the	72106
certificate of title, or memorandum certificate of title at the	72107
time the owner or vendee first registers the home in a county, the	72108
county auditor shall register the home without presentation of the	72109
document, but the owner or vendee shall present the certificate of	72110
title, certified copy of the certificate of title, or memorandum	72111
certificate of title to the county auditor within fourteen days	72112
after the owner or vendee obtains possession of the document. When	72113
the county treasurer receives the tax payment, the county	72114
treasurer shall note by writing or by a stamp on the certificate	72115
of title, certified copy of the certificate of title, or	72116
memorandum certificate of title that the home has been registered	72117
for the current year and that the manufactured home taxes due, if	72118
any, have been paid for the preceding five years and for the	72119
current year.	72120

(4) For subsequent annual registrations, the auditor may	72121
require the owner or vendee in possession to present an Ohio	72122
certificate of title, certified copy of the certificate of title,	72123
or memorandum certificate of title to the county treasurer upon	72124
payment of the manufactured home tax that is due.	72125

(E)(1) Upon the application to transfer ownership of a	72126
manufactured or mobile home for which manufactured home taxes are	72127
paid pursuant to division (C) of section 4503.06 of the Revised	72128
Code the clerk of the court of common pleas shall not issue any	72129
certificate of title that does not contain or have attached both	72130
of the following:	72131

(a) An endorsement of the county treasurer stating that the	72132
home has been registered for each year of ownership and that all	72133
manufactured home taxes imposed pursuant to section 4503.06 of the	72134
Revised Code have been paid or that no tax is due;	72135

(b) An endorsement of the county auditor that the	72136
manufactured home transfer tax imposed pursuant to section 322.06	72137
of the Revised Code and any fees imposed under division (G) of	72138
section 319.54 of the Revised Code have been paid.	72139

(2) If all the taxes have not been paid, the clerk shall	72140
notify the vendee to contact the county treasurer of the county	72141
containing the taxing district in which the home has its situs at	72142
the time of the proposed transfer. The county treasurer shall then	72143
collect all the taxes that are due for the year of the transfer	72144
and all previous years not exceeding a total of five years. The	72145
county treasurer shall distribute that part of the collection owed	72146
to the county treasurer of other counties if the home had its	72147
situs in another county during a particular year when the unpaid	72148
tax became due and payable. The burden to prove the situs of the	72149
home in the years that the taxes were not paid is on the	72150
transferor of the home. Upon payment of the taxes, the county	72151
auditor shall remove all remaining taxes from the manufactured	72152
home tax list and the delinquent manufactured home tax list, and	72153
the county treasurer shall release all liens for such taxes. The	72154
clerk of courts shall issue a certificate of title, free and clear	72155
of all liens for manufactured home taxes, to the transferee of the	72156
home.	72157

(3) Once the transfer is complete and the certificate of	72158
title has been issued, the transferee shall register the	72159
manufactured or mobile home pursuant to division (C) or (D) of	72160
this section with the county auditor of the county containing the	72161
taxing district in which the home remains after the transfer or,	72162
if the home is relocated to another county, with the county	72163
auditor of the county to which the home is relocated. The	72164
transferee need not pay the annual tax for the year of acquisition	72165
if the original owner has already paid the annual tax for that	72166
year.	72167

(F) The county auditor may adopt a permanent registration	72168
system and issue a permanent decal with the first registration as	72169
prescribed by the tax commissioner.	72170

(G) When any manufactured or mobile home required to be	72171
registered by this section is not registered, the county auditor	72172
shall impose a penalty of one hundred dollars upon the owner and	72173
deposit the amount to the credit of the county real estate	72174
assessment fund to be used to pay the costs of administering this	72175
section and section 4503.06 of the Revised Code. If unpaid, the	72176
penalty shall constitute a lien on the home and shall be added by	72177
the county auditor to the manufactured home tax list for	72178
collection.	72179

(H)(1) Except as otherwise provided in this division, before	72180
moving a manufactured or mobile home on public roads from one	72181
address within this state to another address within or outside	72182
this state, the owner of the home shall obtain a relocation	72183
notice, as provided by this section, from the auditor of the	72184
county in which the home is located if the home is currently	72185
subject to taxation pursuant to section 4503.06 of the Revised	72186
Code. The auditor shall charge five dollars for the notice, and	72187
deposit the amount to the credit of the county real estate	72188
assessment fund to be used to pay the costs of administering this	72189
section and section 4503.06 of the Revised Code. The auditor shall	72190
not issue a relocation notice unless all taxes owed on the home	72191
under section 4503.06 of the Revised Code that were first charged	72192
to the home during the period of ownership of the owner seeking	72193
the relocation notice have been paid. If the home is being moved	72194
by a new owner of the home or by a party taking repossession of	72195
the home, the auditor shall not issue a relocation notice unless	72196
all of the taxes due for the preceding five years and for the	72197
current year have been paid. A relocation notice issued by a	72198
county auditor is valid until the last day of December of the year	72199
in which it was issued.	72200

If the home is being moved by a sheriff, police officer,	72201
constable, bailiff, or manufactured home park operator, as defined	72202
in section ~~3733.01~~4781.01 of the Revised Code, or any agent of	72203
any of these persons, for purposes of removal from a manufactured	72204
home park and storage, sale, or destruction under section 1923.14	72205
of the Revised Code, the auditor shall issue a relocation notice	72206
without requiring payment of any taxes owed on the home under	72207
section 4503.06 of the Revised Code.	72208

(2) If a manufactured or mobile home is not yet subject to	72209
taxation under section 4503.06 of the Revised Code, the owner of	72210
the home shall obtain a relocation notice from the dealer of the	72211
home. Within thirty days after the manufactured or mobile home is	72212
purchased, the dealer of the home shall provide the auditor of the	72213
county in which the home is to be located written notice of the	72214
name of the purchaser of the home, the registration number or	72215
vehicle identification number of the home, and the address or	72216
location to which the home is to be moved. The county auditor	72217
shall provide to each manufactured and mobile home dealer, without	72218
charge, a supply of relocation notices to be distributed to	72219
purchasers pursuant to this section.	72220

(3) The notice shall be in the form of a one-foot square	72221
yellow sign with the words "manufactured home relocation notice"	72222
printed prominently on it. The name of the owner of the home, the	72223
home's registration number or vehicle identification number, the	72224
county and the address or location to which the home is being	72225
moved, and the county in which the notice is issued shall also be	72226
entered on the notice.	72227

(4) The relocation notice must be attached to the rear of the	72228
home when the home is being moved on a public road. Except as	72229
provided in divisions (H)(1) and (5) of this section, no person	72230
shall drive a motor vehicle moving a manufactured or mobile home	72231
on a public road from one address to another address within this	72232
state unless a relocation notice is attached to the rear of the	72233
home.	72234

(5) If the county auditor determines that a manufactured or	72235
mobile home has been moved without a relocation notice as required	72236
under this division, the auditor shall impose a penalty of one	72237
hundred dollars upon the owner of the home and upon the person who	72238
moved the home and deposit the amount to the credit of the county	72239
real estate assessment fund to pay the costs of administering this	72240
section and section 4503.06 of the Revised Code. If the home was	72241
relocated from one county in this state to another county in this	72242
state and the county auditor of the county to which the home was	72243
relocated imposes the penalty, that county auditor, upon	72244
collection of the penalty, shall cause an amount equal to the	72245
penalty to be transmitted from the county real estate assessment	72246
fund to the county auditor of the county from which the home was	72247
relocated, who shall deposit the amount to the credit of the	72248
county real estate assessment fund. If the penalty on the owner is	72249
unpaid, the penalty shall constitute a lien on the home and the	72250
auditor shall add the penalty to the manufactured home tax list	72251
for collection. If the county auditor determines that a dealer	72252
that has sold a manufactured or mobile home has failed to timely	72253
provide the information required under this division, the auditor	72254
shall impose a penalty upon the dealer in the amount of one	72255
hundred dollars. The penalty shall be credited to the county real	72256
estate assessment fund and used to pay the costs of administering	72257
this section and section 4503.06 of the Revised Code.	72258

(I) Whoever violates division (H)(4) of this section is	72259
guilty of a minor misdemeanor.	72260

Sec. 4503.062. (A) Every operator of a manufactured home	72261
court, or manufactured home park, as defined in section ~~3733.01~~	72262
4781.01 of the Revised Code, or when there is no operator, every	72263
owner of property used for such purposes on which three or more	72264
manufactured or mobile homes are located, shall keep a register of	72265
all manufactured and mobile homes that make use of the court,	72266
park, or property. The register shall contain all of the	72267
following:	72268

(1) The name of the owner and all inhabitants of each home;

72269

(2) The ages of all inhabitants of each home;

72270

(3) The permanent and temporary post office addresses of all	72271
inhabitants of each home;	72272

(4) The license number of each home;

72273

(5) The state issuing each such license;

72274

(6) The date of arrival and of departure of each home;

72275

(7) The make and model of each home, if known and if either	72276
of the following applies:	72277

(a) The home enters the court, park, or property on or after	72278
January 1, 2003.	72279

(b) Ownership of the home in the court or park, or on the	72280
property, is transferred on or after January 1, 2003.	72281

(B) The register shall be open to inspection by the county	72282
auditor, the county treasurer, agents of the auditor or treasurer,	72283
and all law enforcement agencies at all times.	72284

(C) Any person who fails to comply with this section shall be	72285
fined not less than twenty-five nor more than one hundred dollars.	72286

Sec. 4503.235. (A) If division (G) of section 4511.19 or	72287
division ~~(B)~~(C) of section 4511.193 of the Revised Code requires a	72288
court, as part of the sentence of an offender who is convicted of	72289
or pleads guilty to a violation of division (A) of section 4511.19	72290
of the Revised Code or as a sanction for an offender who is	72291
convicted of or pleaded guilty to a violation of a municipal OVI	72292
ordinance, to order the immobilization of a vehicle for a	72293
specified period of time, notwithstanding the requirement, the	72294
court in its discretion may determine not to order the	72295
immobilization of the vehicle if both of the following apply:	72296

(1) Prior to the issuance of the order of immobilization, a	72297
family or household member of the offender files a motion with the	72298
court identifying the vehicle and requesting that the	72299
immobilization order not be issued on the ground that the family	72300
or household member is completely dependent on the vehicle for the	72301
necessities of life and that the immobilization of the vehicle	72302
would be an undue hardship to the family or household member.	72303

(2) The court determines that the family or household member	72304
who files the motion is completely dependent on the vehicle for	72305
the necessities of life and that the immobilization of the vehicle	72306
would be an undue hardship to the family or household member.	72307

(B) If a court pursuant to division (A) of this section	72308
determines not to order the immobilization of a vehicle that	72309
otherwise would be required pursuant to division (G) of section	72310
4511.19 or division ~~(B)~~(C) of section 4511.193 of the Revised	72311
Code, the court shall issue an order that waives the	72312
immobilization that otherwise would be required pursuant to either	72313
of those divisions. The immobilization waiver order shall be in	72314
effect for the period of time for which the immobilization of the	72315
vehicle otherwise would have been required under division (G) of	72316
section 4511.19 or division ~~(B)~~(C) of section 4511.193 of the	72317
Revised Code if the immobilization waiver order had not been	72318
issued, subject to division (D) of this section. The	72319
immobilization waiver order shall specify the period of time for	72320
which it is in effect. The court shall provide a copy of an	72321
immobilization waiver order to the offender and to the family or	72322
household member of the offender who filed the motion requesting	72323
that the immobilization order not be issued and shall place a copy	72324
of the immobilization waiver order in the record in the case. The	72325
court shall impose an immobilization waiver fee in the amount of	72326
fifty dollars. The court shall determine whether the fee is to be	72327
paid by the offender or by the family or household member. The	72328
clerk of the court shall deposit all of the fees collected during	72329
a month on or before the twenty-third day of the following month	72330
into the county or municipal indigent drivers alcohol treatment	72331
fund under the control of that court, as created by the county or	72332
municipal corporation under division (F) of section 4511.191 of	72333
the Revised Code.	72334

(C) If a court pursuant to division (B) of this section	72335
issues an immobilization waiver order, the order shall identify	72336
the family or household member who requested the order and the	72337
vehicle to which the order applies, shall identify the family or	72338
household members who are permitted to operate the vehicle, and	72339
shall identify the offender and specify that the offender is not	72340
permitted to operate the vehicle. The immobilization waiver order	72341
shall require that the family or household member display on the	72342
vehicle to which the order applies restricted license plates that	72343
are issued under section 4503.231 of the Revised Code for the	72344
entire period for which the immobilization of the vehicle	72345
otherwise would have been required under division (G) of section	72346
4511.19 or division ~~(B)~~(C) of section 4511.193 of the Revised Code	72347
if the immobilization waiver order had not been issued.	72348

(D) A family or household member who is permitted to operate	72349
a vehicle under an immobilization waiver order issued under this	72350
section shall not permit the offender to operate the vehicle. If a	72351
family or household member who is permitted to operate a vehicle	72352
under an immobilization waiver order issued under this section	72353
permits the offender to operate the vehicle, both of the following	72354
apply:	72355

(1) The court that issued the immobilization waiver order	72356
shall terminate that order and shall issue an immobilization order	72357
in accordance with section 4503.233 of the Revised Code that	72358
applies to the vehicle, and the immobilization order shall be in	72359
effect for the remaining period of time for which the	72360
immobilization of the vehicle otherwise would have been required	72361
under division (G) of section 4511.19 or division ~~(B)~~(C) of	72362
section 4511.193 of the Revised Code if the immobilization waiver	72363
order had not been issued.	72364

(2) The conduct of the family or household member in	72365
permitting the offender to operate the vehicle is a violation of	72366
section 4511.203 of the Revised Code.	72367

(E) No offender shall operate a motor vehicle subject to an	72368
immobilization waiver order. Whoever violates this division is	72369
guilty of operating a motor vehicle in violation of an	72370
immobilization waiver, a misdemeanor of the first degree.	72371

(F) "Family or household member" has the same meaning as in	72372
section 2919.25 of the Revised Code, except that the person must	72373
be currently residing with the offender.	72374

Sec. 4503.70. The owner or lessee of any passenger car,	72375
noncommercial motor vehicle, recreational vehicle, or other	72376
vehicle of a class approved by the registrar of motor vehicles who	72377
is a member in good standing of the grand lodge of free and	72378
accepted masons of Ohio may apply to the registrar for the	72379
registration of the vehicle and issuance of freemason license	72380
plates. The application for freemason license plates may be	72381
combined with a request for a special reserved license plate under	72382
section 4503.40 or 4503.42 of the Revised Code. Upon receipt of	72383
the completed application, presentation by the applicant of	72384
satisfactory evidence showing that the applicant is a member in	72385
good standing of the grand lodge of free and accepted masons of	72386
Ohio, and compliance by the applicant with this section, the	72387
registrar shall issue to the applicant the appropriate vehicle	72388
registration and a set of freemason license plates with a	72389
validation sticker or a validation sticker alone when required by	72390
section 4503.191 of the Revised Code.	72391

In addition to the letters and numbers ordinarily inscribed	72392
thereon, freemason license plates shall be inscribed with	72393
identifying words and a symbol or logo designed by the grand lodge	72394
of free and accepted masons of Ohio and approved by the registrar.	72395
Freemason license plates shall bear county identification stickers	72396
that identify the county of registration by name or number.	72397

Freemason license plates and validation stickers shall be	72398
issued upon payment of the regular license fee required by section	72399
4503.04 of the Revised Code, payment of any local motor vehicle	72400
license tax levied under Chapter 4504. of the Revised Code,	72401
payment of an additional fee of ten dollars, and compliance with	72402
all other applicable laws relating to the registration of motor	72403
vehicles. If the application for freemason license plates is	72404
combined with a request for a special reserved license plate under	72405
section 4503.40 or 4503.42 of the Revised Code, the license plates	72406
and validation sticker shall be issued upon payment of the fees	72407
and taxes contained in this section and the additional fee	72408
prescribed under section 4503.40 or 4503.42 of the Revised Code.	72409
The additional fee of ten dollars shall be for the purpose of	72410
compensating the bureau of motor vehicles for additional services	72411
required in the issuing of freemason license plates, and shall be	72412
transmitted by the registrar to the treasurer of state for deposit	72413
into the state treasury to the credit of the state bureau of motor	72414
vehicles fund created by section 4501.25 of the Revised Code.	72415

Sec. 4503.93. (A) The owner or lessee of any passenger car,	72416
noncommercial motor vehicle, recreational vehicle, or other	72417
vehicle of a class approved by the registrar of motor vehicles may	72418
apply to the registrar for the registration of the vehicle and	72419
issuance of Ohio "volunteer" license plates. The application for	72420
Ohio "volunteer" license plates may be combined with a request for	72421
a special reserved license plate under section 4503.40 or 4503.42	72422
of the Revised Code. Upon receipt of the completed application and	72423
compliance with divisions (B) and (C) of this section, the	72424
registrar shall issue to the applicant the appropriate vehicle	72425
registration and a set of Ohio "volunteer" license plates with a	72426
validation sticker or a validation sticker alone when required by	72427
section 4503.191 of the Revised Code.	72428

In addition to the letters and numbers ordinarily inscribed	72429
on license plates, Ohio "volunteer" license plates shall be	72430
inscribed with words and markings designed by the Ohio ~~community~~	72431
commission on service ~~council~~and volunteerism created by section	72432
121.40 of the Revised Code and approved by the registrar. Ohio	72433
"volunteer" license plates shall bear county identification	72434
stickers that identify the county of registration by name or	72435
number.	72436

(B) Ohio "volunteer" license plates and a validation sticker,	72437
or a validation sticker alone, shall be issued upon receipt of a	72438
contribution as provided in division (C) of this section and upon	72439
payment of the regular license tax prescribed in section 4503.04	72440
of the Revised Code, any applicable motor vehicle tax levied under	72441
Chapter 4504. of the Revised Code, any applicable additional fee	72442
prescribed by section 4503.40 or 4503.42 of the Revised Code, a	72443
bureau of motor vehicles fee of ten dollars, and compliance with	72444
all other applicable laws relating to the registration of motor	72445
vehicles.	72446

(C)(1) For each application for registration and registration	72447
renewal received under this section, the registrar shall collect a	72448
contribution of fifteen dollars. The registrar shall transmit this	72449
contribution to the treasurer of state for deposit in the Ohio	72450
~~community~~commission on service ~~council~~and volunteerism gifts and	72451
donations fund created by section 121.403 of the Revised Code. The	72452
~~council~~commission shall use all such contributions for the	72453
purposes described in divisions (B)(2) and (3) of that section.	72454

(2) The registrar shall deposit the bureau of motor vehicles	72455
fee of ten dollars specified in division (B) of this section,	72456
which is for the purpose of compensating the bureau for the	72457
additional services required in issuing Ohio "volunteer" license	72458
plates, in the state bureau of motor vehicles fund created in	72459
section 4501.25 of the Revised Code.	72460

Sec. 4504.02. For the purpose of paying the costs of	72461
enforcing and administering the tax provided for in this section;	72462
and for planning, constructing, improving, maintaining, and	72463
repairing public roads, highways, and streets; maintaining and	72464
repairing bridges and viaducts; paying the county's portion of the	72465
costs and expenses of cooperating with the department of	72466
transportation in the planning, improvement, and construction of	72467
state highways; paying the county's portion of the compensation,	72468
damages, cost, and expenses of planning, constructing,	72469
reconstructing, improving, maintaining, and repairing roads;	72470
paying any costs apportioned to the county under section 4907.47	72471
of the Revised Code; paying debt service charges on notes or bonds	72472
of the county issued for such purposes; paying all or part of the	72473
costs and expenses of municipal corporations in planning,	72474
constructing, reconstructing, improving, maintaining, and	72475
repairing highways, roads, and streets designated as necessary or	72476
conducive to the orderly and efficient flow of traffic within and	72477
through the county pursuant to section 4504.03 of the Revised	72478
Code; purchasing, erecting, and maintaining street and traffic	72479
signs and markers; purchasing, erecting, and maintaining traffic	72480
lights and signals; and to supplement revenue already available	72481
for such purposes, any county by resolution adopted by its board	72482
of county commissioners may levy an annual license tax, in	72483
addition to the tax levied by sections 4503.02, 4503.07, and	72484
4503.18 of the Revised Code, upon the operation of motor vehicles	72485
on the public roads or highways. Such tax shall be at the rate of	72486
five dollars per motor vehicle on all motor vehicles the district	72487
of registration of which, as defined in section 4503.10 of the	72488
Revised Code, is located in the county levying the tax and shall	72489
be in addition to the taxes at the rates specified in sections	72490
4503.04 and 4503.16 of the Revised Code, subject to reductions in	72491
the manner provided in section 4503.11 of the Revised Code and the	72492
exemptions provided in sections 4503.16, 4503.17, 4503.171,	72493
4503.173, 4503.41, 4503.43, and 4503.46 of the Revised Code.	72494

Prior to the adoption of any resolution under this section,	72495
the board of county commissioners shall conduct two public	72496
hearings thereon, the second hearing to be not less than three nor	72497
more than ten days after the first. Notice of the date, time, and	72498
place of such hearings shall be given by publication in a	72499
newspaper of general circulation in the county or as provided in	72500
section 7.16 of the Revised Code, once a week on the same day of	72501
the week for two consecutive weeks, the second publication being	72502
not less than ten nor more than thirty days prior to the first	72503
hearing.	72504

No resolution under this section shall become effective	72505
sooner than thirty days following its adoption, and such	72506
resolution is subject to a referendum as provided in sections	72507
305.31 to 305.41 of the Revised Code, unless such resolution is	72508
adopted as an emergency measure necessary for the immediate	72509
preservation of the public peace, health, or safety, in which case	72510
it shall go into immediate effect. Such emergency measure must	72511
receive an affirmative vote of all of the members of the board of	72512
county commissioners, and shall state the reasons for such	72513
necessity. A resolution may direct the board of elections to	72514
submit the question of levying the tax to the electors of the	72515
county at the next primary or general election in the county	72516
occurring not less than seventy-five days after such resolution is	72517
certified to the board; no such resolution shall go into effect	72518
unless approved by a majority of those voting upon it.	72519

Sec. 4504.021. The question of repeal of a county permissive	72520
tax adopted as an emergency measure pursuant to section 4504.02,	72521
4504.15, or 4504.16 of the Revised Code may be initiated by filing	72522
with the board of elections of the county not less than ninety	72523
days before the general election in any year a petition requesting	72524
that an election be held on such question. Such petition shall be	72525
signed by qualified electors residing in the county equal in	72526
number to ten per cent of those voting for governor at the most	72527
recent gubernatorial election.	72528

After determination by it that such petition is valid, the	72529
board of elections shall submit the question to the electors of	72530
the county at the next general election. The election shall be	72531
conducted, canvassed, and certified in the same manner as regular	72532
elections for county offices in the county. Notice of the election	72533
shall be published in a newspaper of general circulation in the	72534
district, or as provided in section 7.16 of the Revised Code, once	72535
a week for two consecutive weeks prior to the election ~~and, if~~. If	72536
the board of elections operates and maintains a web site, notice	72537
of the election also shall be posted on that web site for thirty	72538
days prior to the election. The notice shall state the purpose,	72539
time, and place of the election. The form of the ballot cast at	72540
such election shall be prescribed by the secretary of state. The	72541
question covered by such petition shall be submitted as a separate	72542
proposition, but it may be printed on the same ballot with any	72543
other proposition submitted at the same election other than the	72544
election of officers. If a majority of the qualified electors	72545
voting on the question of repeal approve the repeal, the result of	72546
the election shall be certified immediately after the canvass by	72547
the board of elections to the county commissioners, who shall	72548
thereupon, after the current year, cease to levy the tax.	72549

Sec. 4504.15. For the purpose of paying the costs of	72550
enforcing and administering the tax provided for in this section;	72551
for the various purposes stated in section 4504.02 of the Revised	72552
Code; and to supplement revenue already available for those	72553
purposes, any county may, by resolution adopted by its board of	72554
county commissioners, levy an annual license tax, that shall be in	72555
addition to the tax levied by sections 4503.02, 4503.07, and	72556
4503.18 of the Revised Code, upon the operation of motor vehicles	72557
upon the public roads and highways. The tax shall be at the rate	72558
of five dollars per motor vehicle on all motor vehicles the	72559
district of registration of which, as defined in section 4503.10	72560
of the Revised Code, is located in the county levying the tax but	72561
is not located within any municipal corporation levying the tax	72562
authorized by section 4504.17 of the Revised Code, and shall be in	72563
addition to the taxes at the rates specified in sections 4503.04	72564
and 4503.16 of the Revised Code, subject to reductions in the	72565
manner provided in section 4503.11 of the Revised Code and the	72566
exemptions provided in sections 4503.16, 4503.17, 4503.171,	72567
4503.41, and 4503.43 of the Revised Code.	72568

Prior to the adoption of any resolution under this section,	72569
the board of county commissioners shall conduct two public	72570
hearings thereon, the second hearing to be not less than three nor	72571
more than ten days after the first. Notice of the date, time, and	72572
place of such hearings shall be given by publication in a	72573
newspaper of general circulation in the county, or as provided in	72574
section 7.16 of the Revised Code, once a week for two consecutive	72575
weeks~~, the~~. The second publication ~~being~~shall be not less than	72576
ten nor more than thirty days prior to the first hearing.	72577

No resolution under this section shall become effective	72578
sooner than thirty days following its adoption, and such	72579
resolution is subject to a referendum as provided in sections	72580
305.31 to 305.41 of the Revised Code, unless the resolution is	72581
adopted as an emergency measure necessary for the immediate	72582
preservation of the public peace, health, or safety, in which case	72583
it shall go into immediate effect. The emergency measure must	72584
receive an affirmative vote of all of the members of the board of	72585
county commissioners, and shall state the reasons for the	72586
necessity. A resolution may direct the board of elections to	72587
submit the question of levying the tax to the electors of the	72588
county at the next primary or general election occurring not less	72589
than ninety days after the resolution is certified to the board;	72590
no such resolution shall go into effect unless approved by a	72591
majority of those voting upon it. A county is not required to	72592
enact the tax authorized by section 4504.02 of the Revised Code in	72593
order to levy the tax authorized by this section, but no county	72594
may have in effect the tax authorized by this section if it	72595
repeals the tax authorized by section 4504.02 of the Revised Code	72596
after April 1, 1987.	72597

Sec. 4504.16. For the purpose of paying the costs of	72598
enforcing and administering the tax provided for in this section;	72599
for the various purposes stated in section 4504.02 of the Revised	72600
Code; and to supplement revenue already available for those	72601
purposes, any county that currently levies the tax authorized by	72602
section 4504.15 of the Revised Code may, by resolution adopted by	72603
its board of county commissioners, levy an annual license tax,	72604
that shall be in addition to the tax levied by that section and by	72605
sections 4503.02, 4503.07, and 4503.18 of the Revised Code, upon	72606
the operation of motor vehicles upon the public roads and	72607
highways. The tax shall be at the rate of five dollars per motor	72608
vehicle on all motor vehicles the district of registration of	72609
which, as defined in section 4503.10 of the Revised Code, is	72610
located in the county levying the tax but is not located within	72611
any municipal corporation levying the tax authorized by section	72612
4504.171 of the Revised Code, and shall be in addition to the	72613
taxes at the rates specified in sections 4503.04 and 4503.16 of	72614
the Revised Code, subject to reductions in the manner provided in	72615
section 4503.11 of the Revised Code and the exemptions provided in	72616
sections 4503.16, 4503.17, 4503.171, 4503.41, and 4503.43 of the	72617
Revised Code.	72618

Prior to the adoption of any resolution under this section,	72619
the board of county commissioners shall conduct two public	72620
hearings thereon, the second hearing to be not less than three nor	72621
more than ten days after the first. Notice of the date, time, and	72622
place of such hearings shall be given by publication in a	72623
newspaper of general circulation in the county, or as provided in	72624
section 7.16 of the Revised Code, once a week for two consecutive	72625
weeks~~, the~~. The second publication ~~being~~shall be not less than	72626
ten nor more than thirty days prior to the first hearing.	72627

No resolution under this section shall become effective	72628
sooner than thirty days following its adoption, and such	72629
resolution is subject to a referendum as provided in sections	72630
305.31 to 305.41 of the Revised Code, unless the resolution is	72631
adopted as an emergency measure necessary for the immediate	72632
preservation of the public peace, health, or safety, in which case	72633
it shall go into immediate effect. The emergency measure must	72634
receive an affirmative vote of all of the members of the board of	72635
county commissioners, and shall state the reasons for the	72636
necessity. A resolution may direct the board of elections to	72637
submit the question of levying the tax to the electors of the	72638
county at the next primary or general election occurring not less	72639
than ninety days after the resolution is certified to the board;	72640
no such resolution shall go into effect unless approved by a	72641
majority of those voting upon it.	72642

Nothing in this section or in section 4504.15 of the Revised	72643
Code shall be interpreted as preventing a county from levying the	72644
county motor vehicle license taxes authorized by such sections in	72645
a single resolution.	72646

Sec. 4504.18. For the purpose of paying the costs and	72647
expenses of enforcing and administering the tax provided for in	72648
this section; for the construction, reconstruction, improvement,	72649
maintenance, and repair of township roads, bridges, and culverts;	72650
for purchasing, erecting, and maintaining traffic signs, markers,	72651
lights, and signals; for purchasing road machinery and equipment,	72652
and planning, constructing, and maintaining suitable buildings to	72653
house such equipment; for paying any costs apportioned to the	72654
township under section 4907.47 of the Revised Code; and to	72655
supplement revenue already available for such purposes, the board	72656
of township trustees may levy an annual license tax, in addition	72657
to the tax levied by sections 4503.02, 4503.07, and 4503.18 of the	72658
Revised Code, upon the operation of motor vehicles on the public	72659
roads and highways in the unincorporated territory of the	72660
township. The tax shall be at the rate of five dollars per motor	72661
vehicle on all motor vehicles the owners of which reside in the	72662
unincorporated area of the township and shall be in addition to	72663
the taxes at the rates specified in sections 4503.04 and 4503.16	72664
of the Revised Code, subject to reductions in the manner provided	72665
in section 4503.11 of the Revised Code and the exemptions provided	72666
in sections 4503.16, 4503.17, 4503.171, 4503.41, and 4503.43 of	72667
the Revised Code.	72668

Prior to the adoption of any resolution under this section,	72669
the board of township trustees shall conduct two public hearings	72670
thereon, the second hearing to be not less than three nor more	72671
than ten days after the first. Notice of the date, time, and place	72672
of such hearings shall be given by publication in a newspaper of	72673
general circulation in the township or as provided in section 7.16	72674
of the Revised Code, once a week on the same day of the week for	72675
two consecutive weeks, the second publication being not less than	72676
ten nor more than thirty days prior to the first hearing.	72677

No resolution under this section shall become effective	72678
sooner than thirty days following its adoption, and such	72679
resolution is subject to a referendum in the same manner, except	72680
as to the form of the petition, as provided in division (H) of	72681
section 519.12 of the Revised Code for a proposed amendment to a	72682
township zoning resolution. In addition, a petition under this	72683
section shall be governed by the rules specified in section	72684
3501.38 of the Revised Code. No resolution levying a tax under	72685
this section for which a referendum vote has been requested shall	72686
go into effect unless approved by a majority of those voting upon	72687
it.	72688

A township license tax levied under this section shall	72689
continue in effect until repealed.	72690

Sec. 4506.071. On receipt of a notice pursuant to section	72691
3123.54 of the Revised Code, the registrar of motor vehicles shall	72692
comply with sections ~~3123.52~~3123.53 to ~~3123.614~~3123.60 of the	72693
Revised Code and any applicable rules adopted under section	72694
3123.63 of the Revised Code with respect to a commercial driver's	72695
license or commercial driver's temporary instruction permit issued	72696
pursuant to this chapter.	72697

Sec. 4507.111. On receipt of a notice pursuant to section	72698
3123.54 of the Revised Code, the registrar of motor vehicles shall	72699
comply with sections ~~3123.52~~3123.53 to ~~3123.614~~3123.60 of the	72700
Revised Code and any applicable rules adopted under section	72701
3123.63 of the Revised Code with respect to any driver's or	72702
commercial license or permit, motorcycle operator's license or	72703
endorsement, or temporary instruction permit or commercial	72704
driver's temporary instruction permit issued by this state that is	72705
the subject of the notice.	72706

Sec. 4507.164. (A) Except as provided in divisions (C) to	72707
(E) of this section, when the license of any person is suspended	72708
pursuant to any provision of the Revised Code other than division	72709
(G) of section 4511.19 of the Revised Code and other than section	72710
4510.07 of the Revised Code for a violation of a municipal OVI	72711
ordinance, the trial judge may impound the identification license	72712
plates of any motor vehicle registered in the name of the person.	72713

(B)(1) When the license of any person is suspended pursuant	72714
to division (G)(1)(a) of section 4511.19 of the Revised Code, or	72715
pursuant to section 4510.07 of the Revised Code for a municipal	72716
OVI offense when the suspension is equivalent in length to the	72717
suspension under division (G) of section 4511.19 of the Revised	72718
Code that is specified in this division, the trial judge of the	72719
court of record or the mayor of the mayor's court that suspended	72720
the license may impound the identification license plates of any	72721
motor vehicle registered in the name of the person.	72722

(2) When the license of any person is suspended pursuant to	72723
division (G)(1)(b) of section 4511.19 of the Revised Code, or	72724
pursuant to section 4510.07 of the Revised Code for a municipal	72725
OVI offense when the suspension is equivalent in length to the	72726
suspension under division (G) of section 4511.19 of the Revised	72727
Code that is specified in this division, the trial judge of the	72728
court of record that suspended the license shall order the	72729
impoundment of the identification license plates of the motor	72730
vehicle the offender was operating at the time of the offense and	72731
the immobilization of that vehicle in accordance with section	72732
4503.233 and division (G)(1)(b) of section 4511.19 or division	72733
~~(B)~~(C)(2)(a) of section 4511.193 of the Revised Code and may	72734
impound the identification license plates of any other motor	72735
vehicle registered in the name of the person whose license is	72736
suspended.	72737

(3) When the license of any person is suspended pursuant to	72738
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised	72739
Code, or pursuant to section 4510.07 of the Revised Code for a	72740
municipal OVI offense when the suspension is equivalent in length	72741
to the suspension under division (G) of section 4511.19 of the	72742
Revised Code that is specified in this division, the trial judge	72743
of the court of record that suspended the license shall order the	72744
criminal forfeiture to the state of the motor vehicle the offender	72745
was operating at the time of the offense in accordance with	72746
section 4503.234 and division (G)(1)(c), (d), or (e) of section	72747
4511.19 or division ~~(B)~~(C)(2)(b) of section 4511.193 of the	72748
Revised Code and may impound the identification license plates of	72749
any other motor vehicle registered in the name of the person whose	72750
license is suspended.	72751

(C)(1) When a person is convicted of or pleads guilty to a	72752
violation of section 4510.14 of the Revised Code or a	72753
substantially equivalent municipal ordinance and division (B)(1)	72754
or (2) of section 4510.14 or division (C)(1) or (2) of section	72755
4510.161 of the Revised Code applies, the trial judge of the court	72756
of record or the mayor of the mayor's court that imposes sentence	72757
shall order the immobilization of the vehicle the person was	72758
operating at the time of the offense and the impoundment of its	72759
identification license plates in accordance with section 4503.233	72760
and division (B)(1) or (2) of section 4510.14 or division (C)(1)	72761
or (2) of section 4510.161 of the Revised Code and may impound the	72762
identification license plates of any other vehicle registered in	72763
the name of that person.	72764

(2) When a person is convicted of or pleads guilty to a	72765
violation of section 4510.14 of the Revised Code or a	72766
substantially equivalent municipal ordinance and division (B)(3)	72767
of section 4510.14 or division (C)(3) of section 4510.161 of the	72768
Revised Code applies, the trial judge of the court of record that	72769
imposes sentence shall order the criminal forfeiture to the state	72770
of the vehicle the person was operating at the time of the offense	72771
in accordance with section 4503.234 and division (B)(3) of section	72772
4510.14 or division (C)(3) of section 4510.161 of the Revised Code	72773
and may impound the identification license plates of any other	72774
vehicle registered in the name of that person.	72775

(D)~~(1)~~ When a person is convicted of or pleads guilty to a	72776
violation of division (A) of section 4510.16 of the Revised Code	72777
or a substantially equivalent municipal ordinance, division (B) of	72778
section 4510.16 or division (B) of section 4510.161 of the Revised	72779
Code applies in determining whether the immobilization of the	72780
vehicle the person was operating at the time of the offense and	72781
the impoundment of its identification license plates or the	72782
criminal forfeiture to the state of the vehicle the person was	72783
operating at the time of the offense is authorized or required.	72784
The trial judge of the court of record or the mayor of the mayor's	72785
court that imposes sentence may impound the identification license	72786
plates of any other vehicle registered in the name of that person.	72787

(E)(1) When a person is convicted of or pleads guilty to a	72788
violation of section 4511.203 of the Revised Code and the person	72789
is sentenced pursuant to division (C)(1) or (2) of section	72790
4511.203 of the Revised Code, the trial judge of the court of	72791
record or the mayor of the mayor's court that imposes sentence	72792
shall order the immobilization of the vehicle that was involved in	72793
the commission of the offense and the impoundment of its	72794
identification license plates in accordance with division (C)(1)	72795
or (2) of section 4511.203 and section 4503.233 of the Revised	72796
Code and may impound the identification license plates of any	72797
other vehicle registered in the name of that person.	72798

(2) When a person is convicted of or pleads guilty to a	72799
violation of section 4511.203 of the Revised Code and the person	72800
is sentenced pursuant to division (C)(3) of section 4511.203 of	72801
the Revised Code, the trial judge of the court of record or the	72802
mayor of the mayor's court that imposes sentence shall order the	72803
criminal forfeiture to the state of the vehicle that was involved	72804
in the commission of the offense in accordance with division	72805
(C)(3) of section 4511.203 and section 4503.234 of the Revised	72806
Code and may impound the identification license plates of any	72807
other vehicle registered in the name of that person.	72808

(F) Except as provided in section 4503.233 or 4503.234 of the	72809
Revised Code, when the certificate of registration, the	72810
identification license plates, or both have been impounded,	72811
division (B) of section 4507.02 of the Revised Code is applicable.	72812

(G) As used in this section, "municipal OVI offense" has the	72813
same meaning as in section 4511.181 of the Revised Code.	72814

Sec. 4510.037. (A) When the registrar of motor vehicles	72815
determines that the total points charged against any person under	72816
section 4510.036 of the Revised Code exceed five, the registrar	72817
shall send a warning letter to the person at the person's last	72818
known address by regular mail. The warning letter shall list the	72819
reported violations that are the basis of the points charged, list	72820
the number of points charged for each violation, and outline the	72821
suspension provisions of this section.	72822

(B) When the registrar determines that the total points	72823
charged against any person under section 4510.036 of the Revised	72824
Code within any two-year period beginning on the date of the first	72825
conviction within the two-year period is equal to twelve or more,	72826
the registrar shall send a written notice to the person at the	72827
person's last known address by regular mail. The notice shall list	72828
the reported violations that are the basis of the points charged,	72829
list the number of points charged for each violation, and state	72830
that, because the total number of points charged against the	72831
person within the applicable two-year period is equal to twelve or	72832
more, the registrar is imposing a class D suspension of the	72833
person's driver's or commercial driver's license or permit or	72834
nonresident operating privileges for the period of time specified	72835
in division (B)(4) of section 4510.02 of the Revised Code. The	72836
notice also shall state that the suspension is effective on the	72837
twentieth day after the mailing of the notice, unless the person	72838
files a petition appealing the determination and suspension in the	72839
municipal court, county court, or, if the person is under the age	72840
of eighteen, the juvenile division of the court of common pleas in	72841
whose jurisdiction the person resides or, if the person is not a	72842
resident of this state, in the Franklin county municipal court or	72843
juvenile division of the Franklin county court of common pleas. By	72844
filing the appeal of the determination and suspension, the person	72845
agrees to pay the cost of the proceedings in the appeal of the	72846
determination and suspension and alleges that the person can show	72847
cause why the person's driver's or commercial driver's license or	72848
permit or nonresident operating privileges should not be	72849
suspended.	72850

(C)(1) Any person against whom at least two but less than	72851
twelve points have been charged under section 4510.036 of the	72852
Revised Code may enroll in a course of remedial driving	72853
instruction that is approved by the director of public safety.	72854
Upon the person's completion of an approved course of remedial	72855
driving instruction, the person may apply to the registrar on a	72856
form prescribed by the registrar for a credit of two points on the	72857
person's driving record. Upon receipt of the application and proof	72858
of completion of the approved remedial driving course, the	72859
registrar shall approve the two-point credit. The registrar shall	72860
not approve any credits for a person who completes an approved	72861
course of remedial driving instruction pursuant to a judge's order	72862
under section 4510.02 of the Revised Code.	72863

(2) In any three-year period, the registrar shall approve	72864
only one two-point credit on a person's driving record under	72865
division (C)(1) of this section. The registrar shall approve not	72866
more than five two-point credits on a person's driving record	72867
under division (C)(1) of this section during that person's	72868
lifetime.	72869

(D) When a judge of a court of record suspends a person's	72870
driver's or commercial driver's license or permit or nonresident	72871
operating privilege and charges points against the person under	72872
section 4510.036 of the Revised Code for the offense that resulted	72873
in the suspension, the registrar shall credit that period of	72874
suspension against the time of any subsequent suspension imposed	72875
under this section for which those points were used to impose the	72876
subsequent suspension. When a United States district court that	72877
has jurisdiction within this state suspends a person's driver's or	72878
commercial driver's license or permit or nonresident operating	72879
privileges pursuant to the "Assimilative Crimes Act," 102 Stat.	72880
4381 (1988), 18 U.S.C.A. 13, as amended, the district court	72881
prepares an abstract pursuant to section 4510.031 of the Revised	72882
Code, and the district court charges points against the person	72883
under section 4510.036 of the Revised Code for the offense that	72884
resulted in the suspension, the registrar shall credit the period	72885
of suspension imposed by the district court against the time of	72886
any subsequent suspension imposed under this section for which the	72887
points were used to impose the subsequent suspension.	72888

(E) The registrar, upon the written request of a licensee who	72889
files a petition under division (B) of this section, shall furnish	72890
the licensee a certified copy of the registrar's record of the	72891
convictions and bond forfeitures of the person. This record shall	72892
include the name, address, and date of birth of the licensee; the	72893
name of the court in which each conviction or bail forfeiture took	72894
place; the nature of the offense that was the basis of the	72895
conviction or bond forfeiture; and any other information that the	72896
registrar considers necessary. If the record indicates that twelve	72897
points or more have been charged against the person within a	72898
two-year period, it is prima-facie evidence that the person is a	72899
repeat traffic offender, and the registrar shall suspend the	72900
person's driver's or commercial driver's license or permit or	72901
nonresident operating privilege pursuant to division (B) of this	72902
section.	72903

In hearing the petition and determining whether the person	72904
filing the petition has shown cause why the person's driver's or	72905
commercial driver's license or permit or nonresident operating	72906
privilege should not be suspended, the court shall decide the	72907
issue on the record certified by the registrar and any additional	72908
relevant, competent, and material evidence that either the	72909
registrar or the person whose license is sought to be suspended	72910
submits.	72911

(F) If a petition is filed under division (B) of this section	72912
in a county court, the prosecuting attorney of the county in which	72913
the case is pending shall represent the registrar in the	72914
proceedings, except that, if the petitioner resides in a municipal	72915
corporation within the jurisdiction of the county court, the city	72916
director of law, village solicitor, or other chief legal officer	72917
of the municipal corporation shall represent the registrar in the	72918
proceedings. If a petition is filed under division (B) of this	72919
section in a municipal court, the registrar shall be represented	72920
in the resulting proceedings as provided in section 1901.34 of the	72921
Revised Code.	72922

(G) If the court determines from the evidence submitted that	72923
a person who filed a petition under division (B) of this section	72924
has failed to show cause why the person's driver's or commercial	72925
driver's license or permit or nonresident operating privileges	72926
should not be suspended, the court shall assess against the person	72927
the cost of the proceedings in the appeal of the determination and	72928
suspension and shall impose the applicable suspension under this	72929
section or suspend all or a portion of the suspension and impose	72930
any conditions upon the person that the court considers proper or	72931
impose upon the person a community control sanction pursuant to	72932
section 2929.15 or 2929.25 of the Revised Code. If the court	72933
determines from the evidence submitted that a person who filed a	72934
petition under division (B) of this section has shown cause why	72935
the person's driver's or commercial driver's license or permit or	72936
nonresident operating privileges should not be suspended, the	72937
costs of the appeal proceeding shall be paid out of the county	72938
treasury of the county in which the proceedings were held.	72939

(H) Any person whose driver's or commercial driver's license	72940
or permit or nonresident operating privileges are suspended under	72941
this section is not entitled to apply for or receive a new	72942
driver's or commercial driver's license or permit or to request or	72943
be granted nonresident operating privileges during the effective	72944
period of the suspension.	72945

(I) Upon the termination of any suspension or other penalty	72946
imposed under this section involving the surrender of license or	72947
permit and upon the request of the person whose license or permit	72948
was suspended or surrendered, the registrar shall return the	72949
license or permit to the person upon determining that the person	72950
has complied with all provisions of section 4510.038 of the	72951
Revised Code or, if the registrar destroyed the license or permit	72952
pursuant to section 4510.52 of the Revised Code, shall reissue the	72953
person's license or permit.	72954

(J) Any person whose driver's or commercial driver's license	72955
or permit or nonresident operating privileges are suspended as a	72956
repeat traffic offender under this section and who, during the	72957
suspension, operates any motor vehicle upon any public roads and	72958
highways is guilty of a misdemeanor of the first degree, and the	72959
court shall sentence the offender to a minimum term of three days	72960
in jail. No court shall suspend the first three days of jail time	72961
imposed pursuant to this division.	72962

(K) The registrar, in accordance with specific statutory	72963
authority, may suspend the privilege of driving a motor vehicle on	72964
the public roads and highways of this state that is granted to	72965
nonresidents by section 4507.04 of the Revised Code.	72966

(L) ~~Any~~(1) Except as provided in division (L)(2) of this	72967
section, any course of remedial driving instruction the director	72968
of public safety approves under this section shall require its	72969
students to attend at least fifty per cent of the course in	72970
person~~. The~~and the director shall not approve any course of	72971
remedial driving instruction that permits its students to take	72972
more than fifty per cent of the course in any other manner,	72973
including via video teleconferencing or the internet.	72974

(2) The director may approve a course of remedial instruction	72975
that permits students to take the entire course via video	72976
teleconferencing. In accordance with division (C) of this section,	72977
upon receiving an application with a certificate or other proof of	72978
completion of a course approved under this division, the registrar	72979
shall approve the two-point reduction.	72980

Sec. 4510.038. (A) Any person whose driver's or commercial	72981
driver's license or permit is suspended or who is granted limited	72982
driving privileges under section 4510.037, under division (H) of	72983
section 4511.19, or under section 4510.07 of the Revised Code for	72984
a violation of a municipal ordinance that is substantially	72985
equivalent to division (B) of section 4511.19 of the Revised Code	72986
is not eligible to retain the license, or to have the driving	72987
privileges reinstated, until each of the following has occurred:	72988

(1) The person successfully completes a course of remedial	72989
driving instruction approved by the director of public safety. A	72990
minimum of twenty-five per cent of the number of hours of	72991
instruction included in the course shall be devoted to instruction	72992
on driver attitude.	72993

The course also shall devote a number of hours to instruction	72994
in the area of alcohol and drugs and the operation of vehicles.	72995
The instruction shall include, but not be limited to, a review of	72996
the laws governing the operation of a vehicle while under the	72997
influence of alcohol, drugs, or a combination of them, the dangers	72998
of operating a vehicle while under the influence of alcohol,	72999
drugs, or a combination of them, and other information relating to	73000
the operation of vehicles and the consumption of alcoholic	73001
beverages and use of drugs. The director, in consultation with the	73002
director of alcohol and drug addiction services, shall prescribe	73003
the content of the instruction. The number of hours devoted to the	73004
area of alcohol and drugs and the operation of vehicles shall	73005
comprise a minimum of twenty-five per cent of the number of hours	73006
of instruction included in the course.	73007

(2) The person is examined in the manner provided for in	73008
section 4507.20 of the Revised Code, and found by the registrar of	73009
motor vehicles to be qualified to operate a motor vehicle;	73010

(3) The person gives and maintains proof of financial	73011
responsibility, in accordance with section 4509.45 of the Revised	73012
Code.	73013

(B) ~~Any~~(1) Except as provided in division (B)(2) of this	73014
section, any course of remedial driving instruction the director	73015
of public safety approves under this section shall require its	73016
students to attend at least fifty per cent of the course in	73017
person~~. The~~and the director shall not approve any course of	73018
remedial driving instruction that permits its students to take	73019
more than fifty per cent of the course in any other manner,	73020
including via video teleconferencing or the internet.	73021

(2) The director may approve a course of remedial instruction	73022
that permits students to take the entire course via video	73023
teleconferencing or the internet.	73024

Sec. 4511.191. (A)(1) As used in this section:

73025

(a) "Physical control" has the same meaning as in section	73026
4511.194 of the Revised Code.	73027

(b) "Alcohol monitoring device" means any device that	73028
provides for continuous alcohol monitoring, any ignition interlock	73029
device, any immobilizing or disabling device other than an	73030
ignition interlock device that is constantly available to monitor	73031
the concentration of alcohol in a person's system, or any other	73032
device that provides for the automatic testing and periodic	73033
reporting of alcohol consumption by a person and that a court	73034
orders a person to use as a sanction imposed as a result of the	73035
person's conviction of or plea of guilty to an offense.	73036

(2) Any person who operates a vehicle, streetcar, or	73037
trackless trolley upon a highway or any public or private property	73038
used by the public for vehicular travel or parking within this	73039
state or who is in physical control of a vehicle, streetcar, or	73040
trackless trolley shall be deemed to have given consent to a	73041
chemical test or tests of the person's whole blood, blood serum or	73042
plasma, breath, or urine to determine the alcohol, drug of abuse,	73043
controlled substance, metabolite of a controlled substance, or	73044
combination content of the person's whole blood, blood serum or	73045
plasma, breath, or urine if arrested for a violation of division	73046
(A) or (B) of section 4511.19 of the Revised Code, section	73047
4511.194 of the Revised Code or a substantially equivalent	73048
municipal ordinance, or a municipal OVI ordinance.	73049

(3) The chemical test or tests under division (A)(2) of this	73050
section shall be administered at the request of a law enforcement	73051
officer having reasonable grounds to believe the person was	73052
operating or in physical control of a vehicle, streetcar, or	73053
trackless trolley in violation of a division, section, or	73054
ordinance identified in division (A)(2) of this section. The law	73055
enforcement agency by which the officer is employed shall	73056
designate which of the tests shall be administered.	73057

(4) Any person who is dead or unconscious, or who otherwise	73058
is in a condition rendering the person incapable of refusal, shall	73059
be deemed to have consented as provided in division (A)(2) of this	73060
section, and the test or tests may be administered, subject to	73061
sections 313.12 to 313.16 of the Revised Code.	73062

(5)(a) If a law enforcement officer arrests a person for a	73063
violation of division (A) or (B) of section 4511.19 of the Revised	73064
Code, section 4511.194 of the Revised Code or a substantially	73065
equivalent municipal ordinance, or a municipal OVI ordinance and	73066
if the person if convicted would be required to be sentenced under	73067
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised	73068
Code, the law enforcement officer shall request the person to	73069
submit, and the person shall submit, to a chemical test or tests	73070
of the person's whole blood, blood serum or plasma, breath, or	73071
urine for the purpose of determining the alcohol, drug of abuse,	73072
controlled substance, metabolite of a controlled substance, or	73073
combination content of the person's whole blood, blood serum or	73074
plasma, breath, or urine. A law enforcement officer who makes a	73075
request pursuant to this division that a person submit to a	73076
chemical test or tests is not required to advise the person of the	73077
consequences of submitting to, or refusing to submit to, the test	73078
or tests and is not required to give the person the form described	73079
in division (B) of section 4511.192 of the Revised Code, but the	73080
officer shall advise the person at the time of the arrest that if	73081
the person refuses to take a chemical test the officer may employ	73082
whatever reasonable means are necessary to ensure that the person	73083
submits to a chemical test of the person's whole blood or blood	73084
serum or plasma. The officer shall also advise the person at the	73085
time of the arrest that the person may have an independent	73086
chemical test taken at the person's own expense. Divisions (A)(3)	73087
and (4) of this section apply to the administration of a chemical	73088
test or tests pursuant to this division.	73089

(b) If a person refuses to submit to a chemical test upon a	73090
request made pursuant to division (A)(5)(a) of this section, the	73091
law enforcement officer who made the request may employ whatever	73092
reasonable means are necessary to ensure that the person submits	73093
to a chemical test of the person's whole blood or blood serum or	73094
plasma. A law enforcement officer who acts pursuant to this	73095
division to ensure that a person submits to a chemical test of the	73096
person's whole blood or blood serum or plasma is immune from	73097
criminal and civil liability based upon a claim for assault and	73098
battery or any other claim for the acts, unless the officer so	73099
acted with malicious purpose, in bad faith, or in a wanton or	73100
reckless manner.	73101

(B)(1) Upon receipt of the sworn report of a law enforcement	73102
officer who arrested a person for a violation of division (A) or	73103
(B) of section 4511.19 of the Revised Code, section 4511.194 of	73104
the Revised Code or a substantially equivalent municipal	73105
ordinance, or a municipal OVI ordinance that was completed and	73106
sent to the registrar and a court pursuant to section 4511.192 of	73107
the Revised Code in regard to a person who refused to take the	73108
designated chemical test, the registrar shall enter into the	73109
registrar's records the fact that the person's driver's or	73110
commercial driver's license or permit or nonresident operating	73111
privilege was suspended by the arresting officer under this	73112
division and that section and the period of the suspension, as	73113
determined under this section. The suspension shall be subject to	73114
appeal as provided in section 4511.197 of the Revised Code. The	73115
suspension shall be for whichever of the following periods	73116
applies:	73117

(a) Except when division (B)(1)(b), (c), or (d) of this	73118
section applies and specifies a different class or length of	73119
suspension, the suspension shall be a class C suspension for the	73120
period of time specified in division (B)(3) of section 4510.02 of	73121
the Revised Code.	73122

(b) If the arrested person, within six years of the date on	73123
which the person refused the request to consent to the chemical	73124
test, had refused one previous request to consent to a chemical	73125
test or had been convicted of or pleaded guilty to one violation	73126
of division (A) or (B) of section 4511.19 of the Revised Code or	73127
one other equivalent offense, the suspension shall be a class B	73128
suspension imposed for the period of time specified in division	73129
(B)(2) of section 4510.02 of the Revised Code.	73130

(c) If the arrested person, within six years of the date on	73131
which the person refused the request to consent to the chemical	73132
test, had refused two previous requests to consent to a chemical	73133
test, had been convicted of or pleaded guilty to two violations of	73134
division (A) or (B) of section 4511.19 of the Revised Code or	73135
other equivalent offenses, or had refused one previous request to	73136
consent to a chemical test and also had been convicted of or	73137
pleaded guilty to one violation of division (A) or (B) of section	73138
4511.19 of the Revised Code or other equivalent offenses, which	73139
violation or offense arose from an incident other than the	73140
incident that led to the refusal, the suspension shall be a class	73141
A suspension imposed for the period of time specified in division	73142
(B)(1) of section 4510.02 of the Revised Code.	73143

(d) If the arrested person, within six years of the date on	73144
which the person refused the request to consent to the chemical	73145
test, had refused three or more previous requests to consent to a	73146
chemical test, had been convicted of or pleaded guilty to three or	73147
more violations of division (A) or (B) of section 4511.19 of the	73148
Revised Code or other equivalent offenses, or had refused a number	73149
of previous requests to consent to a chemical test and also had	73150
been convicted of or pleaded guilty to a number of violations of	73151
division (A) or (B) of section 4511.19 of the Revised Code or	73152
other equivalent offenses that cumulatively total three or more	73153
such refusals, convictions, and guilty pleas, the suspension shall	73154
be for five years.	73155

(2) The registrar shall terminate a suspension of the	73156
driver's or commercial driver's license or permit of a resident or	73157
of the operating privilege of a nonresident, or a denial of a	73158
driver's or commercial driver's license or permit, imposed	73159
pursuant to division (B)(1) of this section upon receipt of notice	73160
that the person has entered a plea of guilty to, or that the	73161
person has been convicted after entering a plea of no contest to,	73162
operating a vehicle in violation of section 4511.19 of the Revised	73163
Code or in violation of a municipal OVI ordinance, if the offense	73164
for which the conviction is had or the plea is entered arose from	73165
the same incident that led to the suspension or denial.	73166

The registrar shall credit against any judicial suspension of	73167
a person's driver's or commercial driver's license or permit or	73168
nonresident operating privilege imposed pursuant to section	73169
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	73170
Revised Code for a violation of a municipal OVI ordinance, any	73171
time during which the person serves a related suspension imposed	73172
pursuant to division (B)(1) of this section.	73173

(C)(1) Upon receipt of the sworn report of the law	73174
enforcement officer who arrested a person for a violation of	73175
division (A) or (B) of section 4511.19 of the Revised Code or a	73176
municipal OVI ordinance that was completed and sent to the	73177
registrar and a court pursuant to section 4511.192 of the Revised	73178
Code in regard to a person whose test results indicate that the	73179
person's whole blood, blood serum or plasma, breath, or urine	73180
contained at least the concentration of alcohol specified in	73181
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the	73182
Revised Code or at least the concentration of a listed controlled	73183
substance or a listed metabolite of a controlled substance	73184
specified in division (A)(1)(j) of section 4511.19 of the Revised	73185
Code, the registrar shall enter into the registrar's records the	73186
fact that the person's driver's or commercial driver's license or	73187
permit or nonresident operating privilege was suspended by the	73188
arresting officer under this division and section 4511.192 of the	73189
Revised Code and the period of the suspension, as determined under	73190
divisions (C)(1)(a) to (d) of this section. The suspension shall	73191
be subject to appeal as provided in section 4511.197 of the	73192
Revised Code. The suspension described in this division does not	73193
apply to, and shall not be imposed upon, a person arrested for a	73194
violation of section 4511.194 of the Revised Code or a	73195
substantially equivalent municipal ordinance who submits to a	73196
designated chemical test. The suspension shall be for whichever of	73197
the following periods applies:	73198

(a) Except when division (C)(1)(b), (c), or (d) of this	73199
section applies and specifies a different period, the suspension	73200
shall be a class E suspension imposed for the period of time	73201
specified in division (B)(5) of section 4510.02 of the Revised	73202
Code.	73203

(b) The suspension shall be a class C suspension for the	73204
period of time specified in division (B)(3) of section 4510.02 of	73205
the Revised Code if the person has been convicted of or pleaded	73206
guilty to, within six years of the date the test was conducted,	73207
one violation of division (A) or (B) of section 4511.19 of the	73208
Revised Code or one other equivalent offense.	73209

(c) If, within six years of the date the test was conducted,	73210
the person has been convicted of or pleaded guilty to two	73211
violations of a statute or ordinance described in division	73212
(C)(1)(b) of this section, the suspension shall be a class B	73213
suspension imposed for the period of time specified in division	73214
(B)(2) of section 4510.02 of the Revised Code.	73215

(d) If, within six years of the date the test was conducted,	73216
the person has been convicted of or pleaded guilty to more than	73217
two violations of a statute or ordinance described in division	73218
(C)(1)(b) of this section, the suspension shall be a class A	73219
suspension imposed for the period of time specified in division	73220
(B)(1) of section 4510.02 of the Revised Code.	73221

(2) The registrar shall terminate a suspension of the	73222
driver's or commercial driver's license or permit of a resident or	73223
of the operating privilege of a nonresident, or a denial of a	73224
driver's or commercial driver's license or permit, imposed	73225
pursuant to division (C)(1) of this section upon receipt of notice	73226
that the person has entered a plea of guilty to, or that the	73227
person has been convicted after entering a plea of no contest to,	73228
operating a vehicle in violation of section 4511.19 of the Revised	73229
Code or in violation of a municipal OVI ordinance, if the offense	73230
for which the conviction is had or the plea is entered arose from	73231
the same incident that led to the suspension or denial.	73232

The registrar shall credit against any judicial suspension of	73233
a person's driver's or commercial driver's license or permit or	73234
nonresident operating privilege imposed pursuant to section	73235
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	73236
Revised Code for a violation of a municipal OVI ordinance, any	73237
time during which the person serves a related suspension imposed	73238
pursuant to division (C)(1) of this section.	73239

(D)(1) A suspension of a person's driver's or commercial	73240
driver's license or permit or nonresident operating privilege	73241
under this section for the time described in division (B) or (C)	73242
of this section is effective immediately from the time at which	73243
the arresting officer serves the notice of suspension upon the	73244
arrested person. Any subsequent finding that the person is not	73245
guilty of the charge that resulted in the person being requested	73246
to take the chemical test or tests under division (A) of this	73247
section does not affect the suspension.	73248

(2) If a person is arrested for operating a vehicle,	73249
streetcar, or trackless trolley in violation of division (A) or	73250
(B) of section 4511.19 of the Revised Code or a municipal OVI	73251
ordinance, or for being in physical control of a vehicle,	73252
streetcar, or trackless trolley in violation of section 4511.194	73253
of the Revised Code or a substantially equivalent municipal	73254
ordinance, regardless of whether the person's driver's or	73255
commercial driver's license or permit or nonresident operating	73256
privilege is or is not suspended under division (B) or (C) of this	73257
section or Chapter 4510. of the Revised Code, the person's initial	73258
appearance on the charge resulting from the arrest shall be held	73259
within five days of the person's arrest or the issuance of the	73260
citation to the person, subject to any continuance granted by the	73261
court pursuant to section 4511.197 of the Revised Code regarding	73262
the issues specified in that division.	73263

(E) When it finally has been determined under the procedures	73264
of this section and sections 4511.192 to 4511.197 of the Revised	73265
Code that a nonresident's privilege to operate a vehicle within	73266
this state has been suspended, the registrar shall give	73267
information in writing of the action taken to the motor vehicle	73268
administrator of the state of the person's residence and of any	73269
state in which the person has a license.	73270

(F) At the end of a suspension period under this section,	73271
under section 4511.194, section 4511.196, or division (G) of	73272
section 4511.19 of the Revised Code, or under section 4510.07 of	73273
the Revised Code for a violation of a municipal OVI ordinance and	73274
upon the request of the person whose driver's or commercial	73275
driver's license or permit was suspended and who is not otherwise	73276
subject to suspension, cancellation, or disqualification, the	73277
registrar shall return the driver's or commercial driver's license	73278
or permit to the person upon the occurrence of all of the	73279
conditions specified in divisions (F)(1) and (2) of this section:	73280

(1) A showing that the person has proof of financial	73281
responsibility, a policy of liability insurance in effect that	73282
meets the minimum standards set forth in section 4509.51 of the	73283
Revised Code, or proof, to the satisfaction of the registrar, that	73284
the person is able to respond in damages in an amount at least	73285
equal to the minimum amounts specified in section 4509.51 of the	73286
Revised Code.	73287

(2) Subject to the limitation contained in division (F)(3) of	73288
this section, payment by the person to the registrar of motor	73289
vehicles or an eligible deputy registrar of a license	73290
reinstatement fee of four hundred seventy-five dollars, which fee	73291
shall be deposited in the state treasury and credited as follows:	73292

(a) One hundred twelve dollars and fifty cents shall be	73293
credited to the statewide treatment and prevention fund created by	73294
section 4301.30 of the Revised Code. ~~The~~Money credited to the	73295
fund under this section shall be used ~~to pay the costs of driver~~	73296
~~treatment and intervention programs operated pursuant to sections~~	73297
~~3793.02 and 3793.10~~for purposes identified in the comprehensive	73298
statewide alcohol and drug addiction services plan developed under	73299
section 3793.04 of the Revised Code. ~~The director of alcohol and~~	73300
~~drug addiction services shall determine the share of the fund that~~	73301
~~is to be allocated to alcohol and drug addiction programs~~	73302
~~authorized by section 3793.02 of the Revised Code, and the share~~	73303
~~of the fund that is to be allocated to drivers' intervention~~	73304
~~programs authorized by section 3793.10 of the Revised Code.~~	73305

(b) Seventy-five dollars shall be credited to the reparations	73306
fund created by section 2743.191 of the Revised Code.	73307

(c) Thirty-seven dollars and fifty cents shall be credited to	73308
the indigent drivers alcohol treatment fund, which is hereby	73309
established in the state treasury. Except as otherwise provided in	73310
division (F)(2)(c) of this section, moneys in the fund shall be	73311
distributed by the department of alcohol and drug addiction	73312
services to the county indigent drivers alcohol treatment funds,	73313
the county juvenile indigent drivers alcohol treatment funds, and	73314
the municipal indigent drivers alcohol treatment funds that are	73315
required to be established by counties and municipal corporations	73316
pursuant to division (H) of this section, and shall be used only	73317
to pay the cost of an alcohol and drug addiction treatment program	73318
attended by an offender or juvenile traffic offender who is	73319
ordered to attend an alcohol and drug addiction treatment program	73320
by a county, juvenile, or municipal court judge and who is	73321
determined by the county, juvenile, or municipal court judge not	73322
to have the means to pay for the person's attendance at the	73323
program or to pay the costs specified in division (H)(4) of this	73324
section in accordance with that division. In addition, a county,	73325
juvenile, or municipal court judge may use moneys in the county	73326
indigent drivers alcohol treatment fund, county juvenile indigent	73327
drivers alcohol treatment fund, or municipal indigent drivers	73328
alcohol treatment fund to pay for the cost of the continued use of	73329
an alcohol monitoring device as described in divisions (H)(3) and	73330
(4) of this section. Moneys in the fund that are not distributed	73331
to a county indigent drivers alcohol treatment fund, a county	73332
juvenile indigent drivers alcohol treatment fund, or a municipal	73333
indigent drivers alcohol treatment fund under division (H) of this	73334
section because the director of alcohol and drug addiction	73335
services does not have the information necessary to identify the	73336
county or municipal corporation where the offender or juvenile	73337
offender was arrested may be transferred by the director of budget	73338
and management to the statewide treatment and prevention fund	73339
created by section 4301.30 of the Revised Code, upon certification	73340
of the amount by the director of alcohol and drug addiction	73341
services.	73342

(d) Seventy-five dollars shall be credited to the Ohio	73343
rehabilitation services commission established by section 3304.12	73344
of the Revised Code, to the services for rehabilitation fund,	73345
which is hereby established. The fund shall be used to match	73346
available federal matching funds where appropriate, and for any	73347
other purpose or program of the commission to rehabilitate people	73348
with disabilities to help them become employed and independent.	73349

(e) Seventy-five dollars shall be deposited into the state	73350
treasury and credited to the drug abuse resistance education	73351
programs fund, which is hereby established, to be used by the	73352
attorney general for the purposes specified in division (F)(4) of	73353
this section.	73354

(f) Thirty dollars shall be credited to the state bureau of	73355
motor vehicles fund created by section 4501.25 of the Revised	73356
Code.	73357

(g) Twenty dollars shall be credited to the trauma and	73358
emergency medical services grants fund created by section 4513.263	73359
of the Revised Code.	73360

(h) Fifty dollars shall be credited to the indigent drivers	73361
interlock and alcohol monitoring fund, which is hereby established	73362
in the state treasury. ~~Monies~~Moneys in the fund shall be	73363
distributed by the department of public safety to the county	73364
indigent drivers interlock and alcohol monitoring funds, the	73365
county juvenile indigent drivers interlock and alcohol monitoring	73366
funds, and the municipal indigent drivers interlock and alcohol	73367
monitoring funds that are required to be established by counties	73368
and municipal corporations pursuant to this section, and shall be	73369
used only to pay the cost of an immobilizing or disabling device,	73370
including a certified ignition interlock device, or an alcohol	73371
monitoring device used by an offender or juvenile offender who is	73372
ordered to use the device by a county, juvenile, or municipal	73373
court judge and who is determined by the county, juvenile, or	73374
municipal court judge not to have the means to pay for the	73375
person's use of the device.	73376

(3) If a person's driver's or commercial driver's license or	73377
permit is suspended under this section, under section 4511.196 or	73378
division (G) of section 4511.19 of the Revised Code, under section	73379
4510.07 of the Revised Code for a violation of a municipal OVI	73380
ordinance or under any combination of the suspensions described in	73381
division (F)(3) of this section, and if the suspensions arise from	73382
a single incident or a single set of facts and circumstances, the	73383
person is liable for payment of, and shall be required to pay to	73384
the registrar or an eligible deputy registrar, only one	73385
reinstatement fee of four hundred seventy-five dollars. The	73386
reinstatement fee shall be distributed by the bureau in accordance	73387
with division (F)(2) of this section.	73388

(4) The attorney general shall use amounts in the drug abuse	73389
resistance education programs fund to award grants to law	73390
enforcement agencies to establish and implement drug abuse	73391
resistance education programs in public schools. Grants awarded to	73392
a law enforcement agency under this section shall be used by the	73393
agency to pay for not more than fifty per cent of the amount of	73394
the salaries of law enforcement officers who conduct drug abuse	73395
resistance education programs in public schools. The attorney	73396
general shall not use more than six per cent of the amounts the	73397
attorney general's office receives under division (F)(2)(e) of	73398
this section to pay the costs it incurs in administering the grant	73399
program established by division (F)(2)(e) of this section and in	73400
providing training and materials relating to drug abuse resistance	73401
education programs.	73402

The attorney general shall report to the governor and the	73403
general assembly each fiscal year on the progress made in	73404
establishing and implementing drug abuse resistance education	73405
programs. These reports shall include an evaluation of the	73406
effectiveness of these programs.	73407

(5) In addition to the reinstatement fee under this section,	73408
if the person pays the reinstatement fee to a deputy registrar,	73409
the deputy registrar shall collect a service fee of ten dollars to	73410
compensate the deputy registrar for services performed under this	73411
section. The deputy registrar shall retain eight dollars of the	73412
service fee and shall transmit the reinstatement fee, plus two	73413
dollars of the service fee, to the registrar in the manner the	73414
registrar shall determine.	73415

(G) Suspension of a commercial driver's license under	73416
division (B) or (C) of this section shall be concurrent with any	73417
period of disqualification under section 3123.611 or 4506.16 of	73418
the Revised Code or any period of suspension under section 3123.58	73419
of the Revised Code. No person who is disqualified for life from	73420
holding a commercial driver's license under section 4506.16 of the	73421
Revised Code shall be issued a driver's license under Chapter	73422
4507. of the Revised Code during the period for which the	73423
commercial driver's license was suspended under division (B) or	73424
(C) of this section. No person whose commercial driver's license	73425
is suspended under division (B) or (C) of this section shall be	73426
issued a driver's license under Chapter 4507. of the Revised Code	73427
during the period of the suspension.	73428

(H)(1) Each county shall establish an indigent drivers	73429
alcohol treatment fund, each county shall establish a juvenile	73430
indigent drivers alcohol treatment fund, and each municipal	73431
corporation in which there is a municipal court shall establish an	73432
indigent drivers alcohol treatment fund. All revenue that the	73433
general assembly appropriates to the indigent drivers alcohol	73434
treatment fund for transfer to a county indigent drivers alcohol	73435
treatment fund, a county juvenile indigent drivers alcohol	73436
treatment fund, or a municipal indigent drivers alcohol treatment	73437
fund, all portions of fees that are paid under division (F) of	73438
this section and that are credited under that division to the	73439
indigent drivers alcohol treatment fund in the state treasury for	73440
a county indigent drivers alcohol treatment fund, a county	73441
juvenile indigent drivers alcohol treatment fund, or a municipal	73442
indigent drivers alcohol treatment fund, all portions of	73443
additional costs imposed under section 2949.094 of the Revised	73444
Code that are specified for deposit into a county, county	73445
juvenile, or municipal indigent drivers alcohol treatment fund by	73446
that section, and all portions of fines that are specified for	73447
deposit into a county or municipal indigent drivers alcohol	73448
treatment fund by section 4511.193 of the Revised Code shall be	73449
deposited into that county indigent drivers alcohol treatment	73450
fund, county juvenile indigent drivers alcohol treatment fund, or	73451
municipal indigent drivers alcohol treatment fund. The portions of	73452
the fees paid under division (F) of this section that are to be so	73453
deposited shall be determined in accordance with division (H)(2)	73454
of this section. Additionally, all portions of fines that are paid	73455
for a violation of section 4511.19 of the Revised Code or of any	73456
prohibition contained in Chapter 4510. of the Revised Code, and	73457
that are required under section 4511.19 or any provision of	73458
Chapter 4510. of the Revised Code to be deposited into a county	73459
indigent drivers alcohol treatment fund or municipal indigent	73460
drivers alcohol treatment fund shall be deposited into the	73461
appropriate fund in accordance with the applicable division of the	73462
section or provision.	73463

(2) That portion of the license reinstatement fee that is	73464
paid under division (F) of this section and that is credited under	73465
that division to the indigent drivers alcohol treatment fund shall	73466
be deposited into a county indigent drivers alcohol treatment	73467
fund, a county juvenile indigent drivers alcohol treatment fund,	73468
or a municipal indigent drivers alcohol treatment fund as follows:	73469

(a) Regarding a suspension imposed under this section, that	73470
portion of the fee shall be deposited as follows:	73471

(i) If the fee is paid by a person who was charged in a	73472
county court with the violation that resulted in the suspension or	73473
in the imposition of the court costs, the portion shall be	73474
deposited into the county indigent drivers alcohol treatment fund	73475
under the control of that court;	73476

(ii) If the fee is paid by a person who was charged in a	73477
juvenile court with the violation that resulted in the suspension	73478
or in the imposition of the court costs, the portion shall be	73479
deposited into the county juvenile indigent drivers alcohol	73480
treatment fund established in the county served by the court;	73481

(iii) If the fee is paid by a person who was charged in a	73482
municipal court with the violation that resulted in the suspension	73483
or in the imposition of the court costs, the portion shall be	73484
deposited into the municipal indigent drivers alcohol treatment	73485
fund under the control of that court.	73486

(b) Regarding a suspension imposed under section 4511.19 of	73487
the Revised Code or under section 4510.07 of the Revised Code for	73488
a violation of a municipal OVI ordinance, that portion of the fee	73489
shall be deposited as follows:	73490

(i) If the fee is paid by a person whose license or permit	73491
was suspended by a county court, the portion shall be deposited	73492
into the county indigent drivers alcohol treatment fund under the	73493
control of that court;	73494

(ii) If the fee is paid by a person whose license or permit	73495
was suspended by a municipal court, the portion shall be deposited	73496
into the municipal indigent drivers alcohol treatment fund under	73497
the control of that court.	73498

(3) Expenditures from a county indigent drivers alcohol	73499
treatment fund, a county juvenile indigent drivers alcohol	73500
treatment fund, or a municipal indigent drivers alcohol treatment	73501
fund shall be made only upon the order of a county, juvenile, or	73502
municipal court judge and only for payment of the cost of an	73503
assessment or the cost of the attendance at an alcohol and drug	73504
addiction treatment program of a person who is convicted of, or	73505
found to be a juvenile traffic offender by reason of, a violation	73506
of division (A) of section 4511.19 of the Revised Code or a	73507
substantially similar municipal ordinance, who is ordered by the	73508
court to attend the alcohol and drug addiction treatment program,	73509
and who is determined by the court to be unable to pay the cost of	73510
the assessment or the cost of attendance at the treatment program	73511
or for payment of the costs specified in division (H)(4) of this	73512
section in accordance with that division. The alcohol and drug	73513
addiction services board or the board of alcohol, drug addiction,	73514
and mental health services established pursuant to section 340.02	73515
or 340.021 of the Revised Code and serving the alcohol, drug	73516
addiction, and mental health service district in which the court	73517
is located shall administer the indigent drivers alcohol treatment	73518
program of the court. When a court orders an offender or juvenile	73519
traffic offender to obtain an assessment or attend an alcohol and	73520
drug addiction treatment program, the board shall determine which	73521
program is suitable to meet the needs of the offender or juvenile	73522
traffic offender, and when a suitable program is located and space	73523
is available at the program, the offender or juvenile traffic	73524
offender shall attend the program designated by the board. A	73525
reasonable amount not to exceed five per cent of the amounts	73526
credited to and deposited into the county indigent drivers alcohol	73527
treatment fund, the county juvenile indigent drivers alcohol	73528
treatment fund, or the municipal indigent drivers alcohol	73529
treatment fund serving every court whose program is administered	73530
by that board shall be paid to the board to cover the costs it	73531
incurs in administering those indigent drivers alcohol treatment	73532
programs.	73533

In addition, upon exhaustion of moneys in the indigent	73534
drivers interlock and alcohol monitoring fund for the use of an	73535
alcohol monitoring device, a county, juvenile, or municipal court	73536
judge may use moneys in the county indigent drivers alcohol	73537
treatment fund, county juvenile indigent drivers alcohol treatment	73538
fund, or municipal indigent drivers alcohol treatment fund in the	73539
following manners:	73540

(a) If the source of the moneys was an appropriation of the	73541
general assembly, a portion of a fee that was paid under division	73542
(F) of this section, a portion of a fine that was specified for	73543
deposit into the fund by section 4511.193 of the Revised Code, or	73544
a portion of a fine that was paid for a violation of section	73545
4511.19 of the Revised Code or of a provision contained in Chapter	73546
4510. of the Revised Code that was required to be deposited into	73547
the fund, to pay for the continued use of an alcohol monitoring	73548
device by an offender or juvenile traffic offender, in conjunction	73549
with a treatment program approved by the department of alcohol and	73550
drug addiction services, when such use is determined clinically	73551
necessary by the treatment program and when the court determines	73552
that the offender or juvenile traffic offender is unable to pay	73553
all or part of the daily monitoring or cost of the device;	73554

(b) If the source of the moneys was a portion of an	73555
additional court cost imposed under section 2949.094 of the	73556
Revised Code, to pay for the continued use of an alcohol	73557
monitoring device by an offender or juvenile traffic offender when	73558
the court determines that the offender or juvenile traffic	73559
offender is unable to pay all or part of the daily monitoring or	73560
cost of the device. The moneys may be used for a device as	73561
described in this division if the use of the device is in	73562
conjunction with a treatment program approved by the department of	73563
alcohol and drug addiction services, when the use of the device is	73564
determined clinically necessary by the treatment program, but the	73565
use of a device is not required to be in conjunction with a	73566
treatment program approved by the department in order for the	73567
moneys to be used for the device as described in this division.	73568

(4) If a county, juvenile, or municipal court determines, in	73569
consultation with the alcohol and drug addiction services board or	73570
the board of alcohol, drug addiction, and mental health services	73571
established pursuant to section 340.02 or 340.021 of the Revised	73572
Code and serving the alcohol, drug addiction, and mental health	73573
district in which the court is located, that the funds in the	73574
county indigent drivers alcohol treatment fund, the county	73575
juvenile indigent drivers alcohol treatment fund, or the municipal	73576
indigent drivers alcohol treatment fund under the control of the	73577
court are more than sufficient to satisfy the purpose for which	73578
the fund was established, as specified in divisions (H)(1) to (3)	73579
of this section, the court may declare a surplus in the fund. If	73580
the court declares a surplus in the fund, the court may expend the	73581
amount of the surplus in the fund for:	73582

(a) Alcohol and drug abuse assessment and treatment of	73583
persons who are charged in the court with committing a criminal	73584
offense or with being a delinquent child or juvenile traffic	73585
offender and in relation to whom both of the following apply:	73586

(i) The court determines that substance abuse was a	73587
contributing factor leading to the criminal or delinquent activity	73588
or the juvenile traffic offense with which the person is charged.	73589

(ii) The court determines that the person is unable to pay	73590
the cost of the alcohol and drug abuse assessment and treatment	73591
for which the surplus money will be used.	73592

(b) All or part of the cost of purchasing alcohol monitoring	73593
devices to be used in conjunction with division (H)(3) of this	73594
section, upon exhaustion of moneys in the indigent drivers	73595
interlock and alcohol monitoring fund for the use of an alcohol	73596
monitoring device.	73597

(5) For the purpose of determining as described in division	73598
(F)(2)(c) of this section whether an offender does not have the	73599
means to pay for the offender's attendance at an alcohol and drug	73600
addiction treatment program or whether an alleged offender or	73601
delinquent child is unable to pay the costs specified in division	73602
(H)(4) of this section, the court shall use the indigent client	73603
eligibility guidelines and the standards of indigency established	73604
by the state public defender to make the determination.	73605

(6) The court shall identify and refer any alcohol and drug	73606
addiction program that is not certified under section 3793.06 of	73607
the Revised Code and that is interested in receiving amounts from	73608
the surplus in the fund declared under division (H)(4) of this	73609
section to the department of alcohol and drug addiction services	73610
in order for the program to become a certified alcohol and drug	73611
addiction program. The department shall keep a record of applicant	73612
referrals received pursuant to this division and shall submit a	73613
report on the referrals each year to the general assembly. If a	73614
program interested in becoming certified makes an application to	73615
become certified pursuant to section 3793.06 of the Revised Code,	73616
the program is eligible to receive surplus funds as long as the	73617
application is pending with the department. The department of	73618
alcohol and drug addiction services must offer technical	73619
assistance to the applicant. If the interested program withdraws	73620
the certification application, the department must notify the	73621
court, and the court shall not provide the interested program with	73622
any further surplus funds.	73623

(7)(a) Each alcohol and drug addiction services board and	73624
board of alcohol, drug addiction, and mental health services	73625
established pursuant to section 340.02 or 340.021 of the Revised	73626
Code shall submit to the department of alcohol and drug addiction	73627
services an annual report for each indigent drivers alcohol	73628
treatment fund in that board's area.	73629

(b) The report, which shall be submitted not later than sixty	73630
days after the end of the state fiscal year, shall provide the	73631
total payment that was made from the fund, including the number of	73632
indigent consumers that received treatment services and the number	73633
of indigent consumers that received an alcohol monitoring device.	73634
The report shall identify the treatment program and expenditure	73635
for an alcohol monitoring device for which that payment was made.	73636
The report shall include the fiscal year balance of each indigent	73637
drivers alcohol treatment fund located in that board's area. In	73638
the event that a surplus is declared in the fund pursuant to	73639
division (H)(4) of this section, the report also shall provide the	73640
total payment that was made from the surplus moneys and identify	73641
the treatment program and expenditure for an alcohol monitoring	73642
device for which that payment was made. The department may require	73643
additional information necessary to complete the comprehensive	73644
statewide alcohol and drug addiction services plan as required by	73645
section 3793.04 of the Revised Code.	73646

(c) If a board is unable to obtain adequate information to	73647
develop the report to submit to the department for a particular	73648
indigent drivers alcohol treatment fund, the board shall submit a	73649
report detailing the effort made in obtaining the information.	73650

(I)(1) Each county shall establish an indigent drivers	73651
interlock and alcohol monitoring fund and a juvenile indigent	73652
drivers interlock and alcohol treatment fund, and each municipal	73653
corporation in which there is a municipal court shall establish an	73654
indigent drivers interlock and alcohol monitoring fund. All	73655
revenue that the general assembly appropriates to the indigent	73656
drivers interlock and alcohol monitoring fund for transfer to a	73657
county indigent drivers interlock and alcohol monitoring fund, a	73658
county juvenile indigent drivers interlock and alcohol monitoring	73659
fund, or a municipal indigent drivers interlock and alcohol	73660
monitoring fund, all portions of license reinstatement fees that	73661
are paid under division (F)(2) of this section and that are	73662
credited under that division to the indigent drivers interlock and	73663
alcohol monitoring fund in the state treasury, and all portions of	73664
fines that are paid under division (G) of section 4511.19 of the	73665
Revised Code and that are credited by division (G)(5)(e) of that	73666
section to the indigent drivers interlock and alcohol monitoring	73667
fund in the state treasury shall be deposited in the appropriate	73668
fund in accordance with division (I)(2) of this section.	73669

(2) That portion of the license reinstatement fee that is	73670
paid under division (F) of this section and that portion of the	73671
fine paid under division (G) of section 4511.19 of the Revised	73672
Code and that is credited under either division to the indigent	73673
drivers interlock and alcohol monitoring fund shall be deposited	73674
into a county indigent drivers interlock and alcohol monitoring	73675
fund, a county juvenile indigent drivers interlock and alcohol	73676
monitoring fund, or a municipal indigent drivers interlock and	73677
alcohol monitoring fund as follows:	73678

(a) If the fee or fine is paid by a person who was charged in	73679
a county court with the violation that resulted in the suspension	73680
or fine, the portion shall be deposited into the county indigent	73681
drivers interlock and alcohol monitoring fund under the control of	73682
that court.	73683

(b) If the fee or fine is paid by a person who was charged in	73684
a juvenile court with the violation that resulted in the	73685
suspension or fine, the portion shall be deposited into the county	73686
juvenile indigent drivers interlock and alcohol monitoring fund	73687
established in the county served by the court.	73688

(c) If the fee or fine is paid by a person who was charged in	73689
a municipal court with the violation that resulted in the	73690
suspension, the portion shall be deposited into the municipal	73691
indigent drivers interlock and alcohol monitoring fund under the	73692
control of that court.	73693

Sec. 4511.193. (A) Twenty-five dollars of any fine imposed	73694
for a violation of a municipal OVI ordinance shall be deposited	73695
into the municipal or county indigent drivers alcohol treatment	73696
fund created pursuant to division (H) of section 4511.191 of the	73697
Revised Code in accordance with this section and section 733.40,	73698
divisions (A) ~~and~~, (B), and (C) of section 1901.024, division (F)	73699
of section 1901.31, or division (C) of section 1907.20 of the	73700
Revised Code. Regardless of whether the fine is imposed by a	73701
municipal court, a mayor's court, or a juvenile court, if the fine	73702
was imposed for a violation of an ordinance of a municipal	73703
corporation that is within the jurisdiction of a county-operated	73704
municipal court or a municipal court that is not a county-operated	73705
municipal court, the twenty-five dollars that is subject to this	73706
section shall be deposited into the indigent drivers alcohol	73707
treatment fund of the county in which that municipal corporation	73708
is located if the municipal court that has jurisdiction over that	73709
municipal corporation is a county-operated municipal court or of	73710
the municipal corporation in which is located the municipal court	73711
that has jurisdiction over that municipal corporation if that	73712
municipal court is not a county-operated municipal court.	73713
Regardless of whether the fine is imposed by a county court, a	73714
mayor's court, or a juvenile court, if the fine was imposed for a	73715
violation of an ordinance of a municipal corporation that is	73716
within the jurisdiction of a county court, the twenty-five dollars	73717
that is subject to this section shall be deposited into the	73718
indigent drivers alcohol treatment fund of the county in which is	73719
located the county court that has jurisdiction over that municipal	73720
corporation. The deposit shall be made in accordance with section	73721
733.40, divisions (A) ~~and~~, (B), and (C) of section 1901.024,	73722
division (F) of section 1901.31, or division (C) of section	73723
1907.20 of the Revised Code.	73724

(B) Any court cost imposed as a result of a violation of a	73725
municipal ordinance that is a moving violation and designated for	73726
an indigent drivers alcohol treatment fund established pursuant to	73727
division (H) of section 4511.191 of the Revised Code shall be	73728
deposited into the municipal or county indigent drivers alcohol	73729
treatment fund created pursuant to division (H) of section	73730
4511.191 of the Revised Code in accordance with this section and	73731
section 733.40, divisions (A), (B), and (C) of section 1901.024,	73732
division (F) of section 1901.31, or division (C) of section	73733
1907.20 of the Revised Code. Regardless of whether the court cost	73734
is imposed by a municipal court, a mayor's court, or a juvenile	73735
court, if the court cost was imposed for a violation of an	73736
ordinance of a municipal corporation that is within the	73737
jurisdiction of a county-operated municipal court or a municipal	73738
court that is not a county-operated municipal court, the court	73739
cost that is subject to this section shall be deposited into the	73740
indigent drivers alcohol treatment fund of the county in which	73741
that municipal corporation is located if the municipal court that	73742
has jurisdiction over that municipal corporation is a	73743
county-operated municipal court or of the municipal corporation in	73744
which is located the municipal court that has jurisdiction over	73745
that municipal corporation if that municipal court is not a	73746
county-operated municipal court. Regardless of whether the court	73747
cost is imposed by a county court, a mayor's court, or a juvenile	73748
court, if the court cost was imposed for a violation of an	73749
ordinance of a municipal corporation that is within the	73750
jurisdiction of a county court, the court cost that is subject to	73751
this section shall be deposited into the indigent drivers alcohol	73752
treatment fund of the county in which is located the county court	73753
that has jurisdiction over that municipal corporation. The deposit	73754
shall be made in accordance with section 733.40, divisions (A),	73755
(B), and (C) of section 1901.024, division (F) of section 1901.31,	73756
or division (C) of section 1907.20 of the Revised Code.	73757

(C)(1) The requirements and sanctions imposed by divisions	73758
~~(B)~~(C)(1) and (2) of this section are an adjunct to and derive	73759
from the state's exclusive authority over the registration and	73760
titling of motor vehicles and do not comprise a part of the	73761
criminal sentence to be imposed upon a person who violates a	73762
municipal OVI ordinance.	73763

(2) If a person is convicted of or pleads guilty to a	73764
violation of a municipal OVI ordinance, if the vehicle the	73765
offender was operating at the time of the offense is registered in	73766
the offender's name, and if, within six years of the current	73767
offense, the offender has been convicted of or pleaded guilty to	73768
one or more violations of division (A) or (B) of section 4511.19	73769
of the Revised Code or one or more other equivalent offenses, the	73770
court, in addition to and independent of any sentence that it	73771
imposes upon the offender for the offense, shall do whichever of	73772
the following is applicable:	73773

(a) Except as otherwise provided in division ~~(B)~~(C)(2)(b) of	73774
this section, if, within six years of the current offense, the	73775
offender has been convicted of or pleaded guilty to one violation	73776
described in division ~~(B)~~(C)(2) of this section, the court shall	73777
order the immobilization for ninety days of that vehicle and the	73778
impoundment for ninety days of the license plates of that vehicle.	73779
The order for the immobilization and impoundment shall be issued	73780
and enforced in accordance with section 4503.233 of the Revised	73781
Code.	73782

(b) If, within six years of the current offense, the offender	73783
has been convicted of or pleaded guilty to two or more violations	73784
described in division ~~(B)~~(C)(2) of this section, or if the	73785
offender previously has been convicted of or pleaded guilty to a	73786
violation of division (A) of section 4511.19 of the Revised Code	73787
under circumstances in which the violation was a felony and	73788
regardless of when the violation and the conviction or guilty plea	73789
occurred, the court shall order the criminal forfeiture to the	73790
state of that vehicle. The order of criminal forfeiture shall be	73791
issued and enforced in accordance with section 4503.234 of the	73792
Revised Code.	73793

(D) As used in this section, "county-operated municipal	73794
court" has the same meaning as in section 1901.03 of the Revised	73795
Code.	73796

Sec. 4513.62. Unclaimed motor vehicles ordered into storage	73797
pursuant to division (A)(1) of section 4513.60 or section 4513.61	73798
of the Revised Code shall be disposed of at the order of the	73799
sheriff of the county or the chief of police of the municipal	73800
corporation, township, or township police district to a motor	73801
vehicle salvage dealer or scrap metal processing facility as	73802
defined in section 4737.05 of the Revised Code, or to any other	73803
facility owned by or under contract with the county, municipal	73804
corporation, or township, for the disposal of such motor vehicles,	73805
or shall be sold by the sheriff, chief of police, or licensed	73806
auctioneer at public auction, after giving notice thereof by	73807
advertisement, published once a week for two successive weeks in a	73808
newspaper of general circulation in the county or as provided in	73809
section 7.16 of the Revised Code. Any moneys accruing from the	73810
disposition of an unclaimed motor vehicle that are in excess of	73811
the expenses resulting from the removal and storage of the vehicle	73812
shall be credited to the general fund of the county, the municipal	73813
corporation, or the township, as the case may be.	73814

Sec. 4517.01. As used in sections 4517.01 to 4517.65 of the	73815
Revised Code:	73816

(A) "Persons" includes individuals, firms, partnerships,	73817
associations, joint stock companies, corporations, and any	73818
combinations of individuals.	73819

(B) "Motor vehicle" means motor vehicle as defined in section	73820
4501.01 of the Revised Code and also includes "all-purpose	73821
vehicle" and "off-highway motorcycle" as those terms are defined	73822
in section 4519.01 of the Revised Code. "Motor vehicle" does not	73823
include a snowmobile as defined in section 4519.01 of the Revised	73824
Code or manufactured and mobile homes.	73825

(C) "New motor vehicle" means a motor vehicle, the legal	73826
title to which has never been transferred by a manufacturer,	73827
remanufacturer, distributor, or dealer to an ultimate purchaser.	73828

(D) "Ultimate purchaser" means, with respect to any new motor	73829
vehicle, the first person, other than a dealer purchasing in the	73830
capacity of a dealer, who in good faith purchases such new motor	73831
vehicle for purposes other than resale.	73832

(E) "Business" includes any activities engaged in by any	73833
person for the object of gain, benefit, or advantage either direct	73834
or indirect.	73835

(F) "Engaging in business" means commencing, conducting, or	73836
continuing in business, or liquidating a business when the	73837
liquidator thereof holds self out to be conducting such business;	73838
making a casual sale or otherwise making transfers in the ordinary	73839
course of business when the transfers are made in connection with	73840
the disposition of all or substantially all of the transferor's	73841
assets is not engaging in business.	73842

(G) "Retail sale" or "sale at retail" means the act or	73843
attempted act of selling, bartering, exchanging, or otherwise	73844
disposing of a motor vehicle to an ultimate purchaser for use as a	73845
consumer.	73846

(H) "Retail installment contract" includes any contract in	73847
the form of a note, chattel mortgage, conditional sales contract,	73848
lease, agreement, or other instrument payable in one or more	73849
installments over a period of time and arising out of the retail	73850
sale of a motor vehicle.	73851

(I) "Farm machinery" means all machines and tools used in the	73852
production, harvesting, and care of farm products.	73853

(J) "Dealer" or "motor vehicle dealer" means any new motor	73854
vehicle dealer, any motor vehicle leasing dealer, and any used	73855
motor vehicle dealer.	73856

(K) "New motor vehicle dealer" means any person engaged in	73857
the business of selling at retail, displaying, offering for sale,	73858
or dealing in new motor vehicles pursuant to a contract or	73859
agreement entered into with the manufacturer, remanufacturer, or	73860
distributor of the motor vehicles.	73861

(L) "Used motor vehicle dealer" means any person engaged in	73862
the business of selling, displaying, offering for sale, or dealing	73863
in used motor vehicles, at retail or wholesale, but does not mean	73864
any new motor vehicle dealer selling, displaying, offering for	73865
sale, or dealing in used motor vehicles incidentally to engaging	73866
in the business of selling, displaying, offering for sale, or	73867
dealing in new motor vehicles, any person engaged in the business	73868
of dismantling, salvaging, or rebuilding motor vehicles by means	73869
of using used parts, or any public officer performing official	73870
duties.	73871

(M) "Motor vehicle leasing dealer" means any person engaged	73872
in the business of regularly making available, offering to make	73873
available, or arranging for another person to use a motor vehicle	73874
pursuant to a bailment, lease, sublease, or other contractual	73875
arrangement under which a charge is made for its use at a periodic	73876
rate for a term of thirty days or more, and title to the motor	73877
vehicle is in and remains in the motor vehicle leasing dealer who	73878
originally leases it, irrespective of whether or not the motor	73879
vehicle is the subject of a later sublease, and not in the user,	73880
but does not mean a manufacturer or its affiliate leasing to its	73881
employees or to dealers.	73882

(N) "Salesperson" means any person employed by a dealer or	73883
~~manufactured home broker~~ to sell, display, and offer for sale, or	73884
deal in motor vehicles for a commission, compensation, or other	73885
valuable consideration, but does not mean any public officer	73886
performing official duties.	73887

(O) "Casual sale" means any transfer of a motor vehicle by a	73888
person other than a new motor vehicle dealer, used motor vehicle	73889
dealer, motor vehicle salvage dealer, as defined in division (A)	73890
of section 4738.01 of the Revised Code, salesperson, motor vehicle	73891
auction owner, manufacturer, or distributor acting in the capacity	73892
of a dealer, salesperson, auction owner, manufacturer, or	73893
distributor, to a person who purchases the motor vehicle for use	73894
as a consumer.	73895

(P) "Motor vehicle show" means a display of current models of	73896
motor vehicles whereby the primary purpose is the exhibition of	73897
competitive makes and models in order to provide the general	73898
public the opportunity to review and inspect various makes and	73899
models of motor vehicles at a single location.	73900

(Q) "Motor vehicle auction owner" means any person who is	73901
engaged wholly or in part in the business of auctioning motor	73902
vehicles, but does not mean a construction equipment auctioneer or	73903
a construction equipment auction licensee.	73904

(R) "Manufacturer" means a person who manufactures,	73905
assembles, or imports motor vehicles, including motor homes, but	73906
does not mean a person who only assembles or installs a body,	73907
special equipment unit, finishing trim, or accessories on a motor	73908
vehicle chassis supplied by a manufacturer or distributor.	73909

(S) "Tent-type fold-out camping trailer" means any vehicle	73910
intended to be used, when stationary, as a temporary shelter with	73911
living and sleeping facilities, and that is subject to the	73912
following properties and limitations:	73913

(1) A minimum of twenty-five per cent of the fold-out portion	73914
of the top and sidewalls combined must be constructed of canvas,	73915
vinyl, or other fabric, and form an integral part of the shelter.	73916

(2) When folded, the unit must not exceed:

73917

(a) Fifteen feet in length, exclusive of bumper and tongue;

73918

(b) Sixty inches in height from the point of contact with the	73919
ground;	73920

73921

(d) One ton gross weight at time of sale.

73922

(T) "Distributor" means any person authorized by a motor	73923
vehicle manufacturer to distribute new motor vehicles to licensed	73924
new motor vehicle dealers, but does not mean a person who only	73925
assembles or installs a body, special equipment unit, finishing	73926
trim, or accessories on a motor vehicle chassis supplied by a	73927
manufacturer or distributor.	73928

(U) "Flea market" means a market place, other than a dealer's	73929
location licensed under this chapter, where a space or location is	73930
provided for a fee or compensation to a seller to exhibit and	73931
offer for sale or trade, motor vehicles to the general public.	73932

(V) "Franchise" means any written agreement, contract, or	73933
understanding between any motor vehicle manufacturer or	73934
remanufacturer engaged in commerce and any motor vehicle dealer	73935
that purports to fix the legal rights and liabilities of the	73936
parties to such agreement, contract, or understanding.	73937

(W) "Franchisee" means a person who receives new motor	73938
vehicles from the franchisor under a franchise agreement and who	73939
offers, sells, and provides service for such new motor vehicles to	73940
the general public.	73941

(X) "Franchisor" means a new motor vehicle manufacturer,	73942
remanufacturer, or distributor who supplies new motor vehicles	73943
under a franchise agreement to a franchisee.	73944

(Y) "Dealer organization" means a state or local trade	73945
association the membership of which is comprised predominantly of	73946
new motor vehicle dealers.	73947

(Z) "Factory representative" means a representative employed	73948
by a manufacturer, remanufacturer, or by a factory branch	73949
primarily for the purpose of promoting the sale of its motor	73950
vehicles, parts, or accessories to dealers or for supervising or	73951
contacting its dealers or prospective dealers.	73952

(AA) "Administrative or executive management" means those	73953
individuals who are not subject to federal wage and hour laws.	73954

(BB) "Good faith" means honesty in the conduct or transaction	73955
concerned and the observance of reasonable commercial standards of	73956
fair dealing in the trade as is defined in section 1301.201 of the	73957
Revised Code, including, but not limited to, the duty to act in a	73958
fair and equitable manner so as to guarantee freedom from	73959
coercion, intimidation, or threats of coercion or intimidation;	73960
provided however, that recommendation, endorsement, exposition,	73961
persuasion, urging, or argument shall not be considered to	73962
constitute a lack of good faith.	73963

(CC) "Coerce" means to compel or attempt to compel by failing	73964
to act in good faith or by threat of economic harm, breach of	73965
contract, or other adverse consequences. Coerce does not mean to	73966
argue, urge, recommend, or persuade.	73967

(DD) "Relevant market area" means any area within a radius of	73968
ten miles from the site of a potential new dealership, except that	73969
for manufactured home or recreational vehicle dealerships the	73970
radius shall be twenty-five miles. The ten-mile radius shall be	73971
measured from the dealer's established place of business that is	73972
used exclusively for the purpose of selling, displaying, offering	73973
for sale, or dealing in motor vehicles.	73974

(EE) "Wholesale" or "at wholesale" means the act or attempted	73975
act of selling, bartering, exchanging, or otherwise disposing of a	73976
motor vehicle to a transferee for the purpose of resale and not	73977
for ultimate consumption by that transferee.	73978

(FF) "Motor vehicle wholesaler" means any person licensed as	73979
a dealer under the laws of another state and engaged in the	73980
business of selling, displaying, or offering for sale used motor	73981
vehicles, at wholesale, but does not mean any motor vehicle dealer	73982
as defined in this section.	73983

(GG)(1) "Remanufacturer" means a person who assembles or	73984
installs passenger seating, walls, a roof elevation, or a body	73985
extension on a conversion van with the motor vehicle chassis	73986
supplied by a manufacturer or distributor, a person who modifies a	73987
truck chassis supplied by a manufacturer or distributor for use as	73988
a public safety or public service vehicle, a person who modifies a	73989
motor vehicle chassis supplied by a manufacturer or distributor	73990
for use as a limousine or hearse, or a person who modifies an	73991
incomplete motor vehicle cab and chassis supplied by a new motor	73992
vehicle dealer or distributor for use as a tow truck, but does not	73993
mean either of the following:	73994

(a) A person who assembles or installs passenger seating, a	73995
roof elevation, or a body extension on a recreational vehicle as	73996
defined in division (Q) and referred to in division (B) of section	73997
4501.01 of the Revised Code;	73998

(b) A person who assembles or installs special equipment or	73999
accessories for handicapped persons, as defined in section 4503.44	74000
of the Revised Code, upon a motor vehicle chassis supplied by a	74001
manufacturer or distributor.	74002

(2) For the purposes of division (GG)(1) of this section,	74003
"public safety vehicle or public service vehicle" means a fire	74004
truck, ambulance, school bus, street sweeper, garbage packing	74005
truck, or cement mixer, or a mobile self-contained facility	74006
vehicle.	74007

(3) For the purposes of division (GG)(1) of this section,	74008
"limousine" means a motor vehicle, designed only for the purpose	74009
of carrying nine or fewer passengers, that a person modifies by	74010
cutting the original chassis, lengthening the wheelbase by forty	74011
inches or more, and reinforcing the chassis in such a way that all	74012
modifications comply with all applicable federal motor vehicle	74013
safety standards. No person shall qualify as or be deemed to be a	74014
remanufacturer who produces limousines unless the person has a	74015
written agreement with the manufacturer of the chassis the person	74016
utilizes to produce the limousines to complete properly the	74017
remanufacture of the chassis into limousines.	74018

(4) For the purposes of division (GG)(1) of this section,	74019
"hearse" means a motor vehicle, designed only for the purpose of	74020
transporting a single casket, that is equipped with a compartment	74021
designed specifically to carry a single casket that a person	74022
modifies by cutting the original chassis, lengthening the	74023
wheelbase by ten inches or more, and reinforcing the chassis in	74024
such a way that all modifications comply with all applicable	74025
federal motor vehicle safety standards. No person shall qualify as	74026
or be deemed to be a remanufacturer who produces hearses unless	74027
the person has a written agreement with the manufacturer of the	74028
chassis the person utilizes to produce the hearses to complete	74029
properly the remanufacture of the chassis into hearses.	74030

(5) For the purposes of division (GG)(1) of this section,	74031
"mobile self-contained facility vehicle" means a mobile classroom	74032
vehicle, mobile laboratory vehicle, bookmobile, bloodmobile,	74033
testing laboratory, and mobile display vehicle, each of which is	74034
designed for purposes other than for passenger transportation and	74035
other than the transportation or displacement of cargo, freight,	74036
materials, or merchandise. A vehicle is remanufactured into a	74037
mobile self-contained facility vehicle in part by the addition of	74038
insulation to the body shell, and installation of all of the	74039
following: a generator, electrical wiring, plumbing, holding	74040
tanks, doors, windows, cabinets, shelving, and heating,	74041
ventilating, and air conditioning systems.	74042

(6) For the purposes of division (GG)(1) of this section,	74043
"tow truck" means both of the following:	74044

(a) An incomplete cab and chassis that are purchased by a	74045
remanufacturer from a new motor vehicle dealer or distributor of	74046
the cab and chassis and on which the remanufacturer then installs	74047
in a permanent manner a wrecker body it purchases from a	74048
manufacturer or distributor of wrecker bodies, installs an	74049
emergency flashing light pylon and emergency lights upon the mast	74050
of the wrecker body or rooftop, and installs such other related	74051
accessories and equipment, including push bumpers, front grille	74052
guards with pads and other custom-ordered items such as painting,	74053
special lettering, and safety striping so as to create a complete	74054
motor vehicle capable of lifting and towing another motor vehicle.	74055

(b) An incomplete cab and chassis that are purchased by a	74056
remanufacturer from a new motor vehicle dealer or distributor of	74057
the cab and chassis and on which the remanufacturer then installs	74058
in a permanent manner a car carrier body it purchases from a	74059
manufacturer or distributor of car carrier bodies, installs an	74060
emergency flashing light pylon and emergency lights upon the	74061
rooftop, and installs such other related accessories and	74062
equipment, including push bumpers, front grille guards with pads	74063
and other custom-ordered items such as painting, special	74064
lettering, and safety striping.	74065

As used in division (GG)(6)(b) of this section, "car carrier	74066
body" means a mechanical or hydraulic apparatus capable of lifting	74067
and holding a motor vehicle on a flat level surface so that one or	74068
more motor vehicles can be transported, once the car carrier is	74069
permanently installed upon an incomplete cab and chassis.	74070

(HH) "Operating as a new motor vehicle dealership" means	74071
engaging in activities such as displaying, offering for sale, and	74072
selling new motor vehicles at retail, operating a service facility	74073
to perform repairs and maintenance on motor vehicles, offering for	74074
sale and selling motor vehicle parts at retail, and conducting all	74075
other acts that are usual and customary to the operation of a new	74076
motor vehicle dealership. For the purposes of this chapter only,	74077
possession of either a valid new motor vehicle dealer franchise	74078
agreement or a new motor vehicle dealers license, or both of these	74079
items, is not evidence that a person is operating as a new motor	74080
vehicle dealership.	74081

(II) "Outdoor power equipment" means garden and small utility	74082
tractors, walk-behind and riding mowers, chainsaws, and tillers.	74083

(JJ) "Remote service facility" means premises that are	74084
separate from a licensed new motor vehicle dealer's sales facility	74085
by not more than one mile and that are used by the dealer to	74086
perform repairs, warranty work, recall work, and maintenance on	74087
motor vehicles pursuant to a franchise agreement entered into with	74088
a manufacturer of motor vehicles. A remote service facility shall	74089
be deemed to be part of the franchise agreement and is subject to	74090
all the rights, duties, obligations, and requirements of Chapter	74091
4517. of the Revised Code that relate to the performance of motor	74092
vehicle repairs, warranty work, recall work, and maintenance work	74093
by new motor vehicle dealers.	74094

(KK) "Recreational vehicle" has the same meaning as in	74095
section 4501.01 of the Revised Code.	74096

(LL) "Construction equipment auctioneer" means a person who	74097
holds both a valid auctioneer's license issued under Chapter 4707.	74098
of the Revised Code and a valid construction equipment auction	74099
license issued under this chapter.	74100

(MM) "Large construction or transportation equipment" means	74101
vehicles having a gross vehicle weight rating of more than ten	74102
thousand pounds and includes road rollers, traction engines, power	74103
shovels, power cranes, commercial cars and trucks, or farm trucks,	74104
and other similar vehicles obtained primarily from the	74105
construction, mining, transportation or farming industries.	74106

Sec. 4517.04. Each person applying for a new motor vehicle	74107
dealer's license shall ~~annually~~biennially make out and deliver to	74108
the registrar of motor vehicles, before the first day of April,	74109
and upon a blank to be furnished by the registrar for that	74110
purpose, a separate application for license for each county in	74111
which the business of selling new motor vehicles is to be	74112
conducted. The application shall be in the form prescribed by the	74113
registrar, shall be signed and sworn to by the applicant, and, in	74114
addition to any other information required by the registrar, shall	74115
include the following:	74116

(A) Name of applicant and location of principal place of	74117
business;	74118

(B) Name or style under which business is to be conducted	74119
and, if a corporation, the state of incorporation;	74120

(C) Name and address of each owner or partner and, if a	74121
corporation, the names of the officers and directors;	74122

(D) The county in which the business is to be conducted and	74123
the address of each place of business therein;	74124

(E) A statement of the previous history, record, and	74125
association of the applicant and of each owner, partner, officer,	74126
and director, that shall be sufficient to establish to the	74127
satisfaction of the registrar the reputation in business of the	74128
applicant;	74129

(F) A statement showing whether the applicant has previously	74130
applied for a motor vehicle dealer's license, motor vehicle	74131
leasing dealer's license, ~~manufactured home broker's license,~~	74132
distributor's license, motor vehicle auction owner's license, or	74133
motor vehicle salesperson's license, and the result of the	74134
application, and whether the applicant has ever been the holder of	74135
any such license that was revoked or suspended;	74136

(G) If the applicant is a corporation or partnership, a	74137
statement showing whether any partner, employee, officer, or	74138
director has been refused a motor vehicle dealer's license, motor	74139
vehicle leasing dealer's license, ~~manufactured home broker's~~	74140
~~license,~~ distributor's license, motor vehicle auction owner's	74141
license, or motor vehicle salesperson's license, or has been the	74142
holder of any such license that was revoked or suspended;	74143

(H) A statement of the makes of new motor vehicles to be	74144
handled.	74145

The statement required by division (E) of this section shall	74146
indicate whether the applicant or, if applicable, any of the	74147
applicant's owners, partners, officers, or directors,	74148
individually, or as owner, partner, officer, or director of a	74149
business entity, has been convicted of, pleaded guilty, or pleaded	74150
no contest, in a criminal action, or had a judgment rendered	74151
against ~~him~~the person in a civil action for, a violation of	74152
sections 4549.41 to 4549.46 of the Revised Code, of any	74153
substantively comparable provisions of the law of any other state,	74154
or of subchapter IV of the "Motor Vehicle Information and Cost	74155
Savings Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.	74156

A true copy of the contract, agreement, or understanding the	74157
applicant has entered into or is about to enter into with the	74158
manufacturer or distributor of the new motor vehicles the	74159
applicant will handle shall be filed with the application. If the	74160
contract, agreement, or understanding is not in writing, a written	74161
statement of all the terms thereof shall be filed. Each such copy	74162
or statement shall bear a certificate signed by each party to the	74163
contract, agreement, or understanding, to the effect that the copy	74164
or statement is true and complete and contains all of the	74165
agreements made or about to be made between the parties.	74166

The application also shall be accompanied by a photograph, as	74167
prescribed by the registrar, of each place of business operated,	74168
or to be operated, by the applicant.	74169

Sec. 4517.09. Each person applying for a salesperson's	74170
license shall ~~annually~~biennially make out and deliver to the	74171
registrar of motor vehicles, before the first day of July and upon	74172
a blank to be furnished by the registrar for that purpose, an	74173
application for license. The application shall be in the form	74174
prescribed by the registrar, shall be signed and sworn to by the	74175
applicant, and, in addition to any other information required by	74176
the registrar, shall include the following:	74177

(A) Name and post-office address of the applicant;

74178

(B) Name and post-office address of the motor vehicle dealer	74179
~~or manufactured home broker~~ for whom the applicant intends to act	74180
as salesperson;	74181

(C) A statement of the applicant's previous history, record,	74182
and association, that shall be sufficient to establish to the	74183
satisfaction of the registrar the applicant's reputation in	74184
business;	74185

(D) A statement as to whether the applicant intends to engage	74186
in any occupation or business other than that of a motor vehicle	74187
salesperson;	74188

(E) A statement as to whether the applicant has ever had any	74189
previous application refused, and whether the applicant has	74190
previously had a license revoked or suspended;	74191

(F) A statement as to whether the applicant was an employee	74192
of or salesperson for a dealer ~~or manufactured home broker~~ whose	74193
license was suspended or revoked;	74194

(G) A statement of the motor vehicle dealer ~~or manufactured~~	74195
~~home broker~~ named therein, designating the applicant as the	74196
dealer's ~~or broker's~~ salesperson.	74197

The statement required by division (C) of this section shall	74198
indicate whether the applicant individually, or as an owner,	74199
partner, officer, or director of a business entity, has been	74200
convicted of, or pleaded guilty to, in a criminal action, or had a	74201
judgment rendered against the applicant in a civil action for, a	74202
violation of sections 4549.41 to 4549.46 of the Revised Code, of	74203
any substantively comparable provisions of the law of any other	74204
state, or of subchapter IV of the "Motor Vehicle Information and	74205
Cost Savings Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.	74206

Sec. 4517.10. At the time the registrar of motor vehicles	74207
grants the application of any person for a license as motor	74208
vehicle dealer, motor vehicle leasing dealer, ~~manufactured home~~	74209
~~broker,~~ distributor, motor vehicle auction owner, or motor vehicle	74210
salesperson, the registrar shall issue to the person a license.	74211
The registrar shall prescribe different forms for the licenses of	74212
motor vehicle dealers, motor vehicle leasing dealers, ~~manufactured~~	74213
~~home brokers,~~ distributors, motor vehicle auction owners, and	74214
motor vehicle salespersons, and all licenses shall include the	74215
name and post-office address of the person licensed.	74216

The fee for a dealer's license,and a motor vehicle leasing	74217
dealer's license~~, and a manufactured home broker's license~~ shall	74218
be fifty dollars, and the fee for a salesperson's license shall be	74219
ten dollars. The fee for a motor vehicle auction owner's license	74220
shall be one hundred dollars for each location. The fee for a	74221
distributor's license shall be one hundred dollars for each	74222
distributorship. In all cases, the fee shall accompany the	74223
application for license.	74224

The registrar may require each applicant for a license issued	74225
under this chapter to pay an additional fee, which shall be used	74226
by the registrar to pay the costs of obtaining a record of any	74227
arrests and convictions of the applicant from the Ohio bureau of	74228
identification and investigation. The amount of the fee shall be	74229
equal to that paid by the registrar to obtain such record.	74230

If a dealer,or a motor vehicle leasing dealer~~, or a~~	74231
~~manufactured home broker,~~ has more than one place of business in	74232
the county, the dealer ~~or the broker~~ shall make application, in	74233
such form as the registrar prescribes, for a certified copy of the	74234
license issued to the dealer ~~or manufactured home broker~~ for each	74235
place of business operated. In the event of the loss, mutilation,	74236
or destruction of a license issued under sections 4517.01 to	74237
4517.65 of the Revised Code, any licensee may make application to	74238
the registrar, in such form as the registrar prescribes, for a	74239
duplicate copy thereof. The fee for a certified or duplicate copy	74240
of a dealer's, motor vehicle leasing dealer's, ~~manufactured home~~	74241
~~broker's,~~ distributor's, or auction owner's license, is two	74242
dollars, and the fee for a duplicate copy of a salesperson's	74243
license is one dollar. All fees for such copies shall accompany	74244
the applications.	74245

Beginning on ~~the effective date of this amendment~~September	74246
16, 2004, all dealers' licenses, motor vehicle leasing dealers'	74247
licenses, ~~manufactured home broker's licenses,~~ distributors'	74248
licenses, auction owners' licenses, and all salespersons' licenses	74249
issued or renewed shall expire biennially on a day within the	74250
two-year cycle that is prescribed by the registrar, unless sooner	74251
suspended or revoked. Before the first day after the day	74252
prescribed by the registrar in the year that the license expires,	74253
each licensed dealer, motor vehicle leasing dealer, ~~manufactured~~	74254
~~home broker,~~ distributor, and auction owner and each licensed	74255
salesperson, in the year in which the license will expire, shall	74256
file an application, in such form as the registrar prescribes, for	74257
the renewal of such license. The fee provided in this section for	74258
the original license shall accompany the application.	74259

Any salesperson's license shall be suspended upon the	74260
termination, suspension, or revocation of the license of the motor	74261
vehicle dealer ~~or manufactured home broker~~ for whom the	74262
salesperson is acting, or upon the salesperson leaving the service	74263
of the motor vehicle dealer ~~or manufactured home broker~~; provided	74264
that upon the termination, suspension, or revocation of the	74265
license of the motor vehicle dealer ~~or manufactured home broker~~	74266
for whom the salesperson is acting, or upon the salesperson	74267
leaving the service of a licensed motor vehicle dealer or	74268
~~manufactured home broker~~, the licensed salesperson, upon entering	74269
the service of any other licensed motor vehicle dealer or	74270
~~manufactured home broker~~, shall make application to the registrar,	74271
in such form as the registrar prescribes, to have the	74272
salesperson's license reinstated, transferred, and registered as a	74273
salesperson for the other dealer ~~or broker~~. If the information	74274
contained in the application is satisfactory to the registrar, the	74275
registrar shall have the salesperson's license reinstated,	74276
transferred, and registered as a salesperson for the other dealer	74277
~~or broker~~. The fee for the reinstatement and transfer of license	74278
shall be two dollars. No license issued to a dealer, motor vehicle	74279
leasing dealer, auction owner, ~~manufactured home broker,~~ or	74280
salesperson, under sections 4517.01 to 4517.65 of the Revised Code	74281
shall be transferable to any other person.	74282

Each dealer, motor vehicle leasing dealer, ~~manufactured home~~	74283
~~broker,~~ distributor, and auction owner shall keep the license or a	74284
certified copy thereof and, in the case of a dealer ~~or broker~~, a	74285
current list of the dealer's ~~or the broker's~~ licensed	74286
salespersons, showing the names, addresses, and serial numbers of	74287
their licenses, posted in a conspicuous place in each place of	74288
business. Each salesperson shall carry the salesperson's license	74289
or a certified copy thereof and shall exhibit such license or copy	74290
upon demand to any inspector of the bureau of motor vehicles,	74291
state highway patrol trooper, police officer, or person with whom	74292
the salesperson seeks to transact business as a motor vehicle	74293
salesperson.	74294

The notice of refusal to grant a license shall disclose the	74295
reason for refusal.	74296

Sec. 4517.12. (A) The registrar of motor vehicles shall deny	74297
the application of any person for a license as a motor vehicle	74298
dealer, motor vehicle leasing dealer, ~~manufactured home broker,~~ or	74299
motor vehicle auction owner and refuse to issue the license if the	74300
registrar finds that the applicant:	74301

(1) Has made any false statement of a material fact in the	74302
application;	74303

(2) Has not complied with sections 4517.01 to 4517.45 of the	74304
Revised Code;	74305

(3) Is of bad business repute or has habitually defaulted on	74306
financial obligations;	74307

(4) Is engaged or will engage in the business of selling at	74308
retail any new motor vehicles without having written authority	74309
from the manufacturer or distributor thereof to sell new motor	74310
vehicles and to perform repairs under the terms of the	74311
manufacturer's or distributor's new motor vehicle warranty, except	74312
as provided in division (C) of this section and except that a	74313
person who assembles or installs special equipment or accessories	74314
for handicapped persons, as defined in section 4503.44 of the	74315
Revised Code, upon a motor vehicle chassis supplied by a	74316
manufacturer or distributor shall not be denied a license pursuant	74317
to division (A)(4) of this section;	74318

(5) Has been guilty of a fraudulent act in connection with	74319
selling or otherwise dealing in, or leasing, motor vehicles, or in	74320
connection with brokering manufactured homes;	74321

(6) Has entered into or is about to enter into a contract or	74322
agreement with a manufacturer or distributor of motor vehicles	74323
that is contrary to sections 4517.01 to 4517.45 of the Revised	74324
Code;	74325

(7) Is insolvent;

74326

(8) Is of insufficient responsibility to ensure the prompt	74327
payment of any final judgments that might reasonably be entered	74328
against the applicant because of the transaction of business as a	74329
motor vehicle dealer, motor vehicle leasing dealer, ~~manufactured~~	74330
~~home broker,~~ or motor vehicle auction owner during the period of	74331
the license applied for, or has failed to satisfy any such	74332
judgment;	74333

(9) Has no established place of business that, where	74334
applicable, is used or will be used for the purpose of selling,	74335
displaying, offering for sale, dealing in, or leasing motor	74336
vehicles at the location for which application is made;	74337

(10) Has, less than twelve months prior to making	74338
application, been denied a motor vehicle dealer's, motor vehicle	74339
leasing dealer's, ~~manufactured home broker's,~~ or motor vehicle	74340
auction owner's license, or has any such license revoked.	74341

(B) If the applicant is a corporation or partnership, the	74342
registrar may refuse to issue a license if any officer, director,	74343
or partner of the applicant has been guilty of any act or omission	74344
that would be cause for refusing or revoking a license issued to	74345
such officer, director, or partner as an individual. The	74346
registrar's finding may be based upon facts contained in the	74347
application or upon any other information the registrar may have.	74348
Immediately upon denying an application for any of the reasons in	74349
this section, the registrar shall enter a final order together	74350
with the registrar's findings and certify the same to the motor	74351
vehicle dealers' and salespersons' licensing board.	74352

(C) Notwithstanding division (A)(4) of this section, the	74353
registrar shall not deny the application of any person and refuse	74354
to issue a license if the registrar finds that the applicant is	74355
engaged or will engage in the business of selling at retail any	74356
new motor vehicles and demonstrates all of the following in the	74357
form prescribed by the registrar:	74358

(1) That the applicant has posted a bond, surety, or	74359
certificate of deposit with the registrar in an amount not less	74360
than one hundred thousand dollars for the protection and benefit	74361
of the applicant's customers except that a new motor vehicle	74362
dealer who is not exclusively engaged in the business of selling	74363
remanufactured vehicles shall not be required to post the bond,	74364
surety, or certificate of deposit otherwise required by division	74365
(C)(1) of this section;	74366

(2) ~~That, at the time of the sale of the vehicle, each~~	74367
~~customer of the applicant will be furnished with a binding~~	74368
~~agreement ensuring that the customer has the right to have the~~	74369
~~vehicle serviced or repaired by a new motor vehicle dealer who is~~	74370
~~licensed to sell and service vehicles of the same line-make as the~~	74371
~~chassis of the remanufactured vehicle purchased by the customer~~	74372
~~and whose service or repair facility is located within either~~	74373
~~twenty miles of the applicant's location and place of business or~~	74374
~~twenty miles of the customer's residence or place of business. If~~	74375
~~there is no such new motor vehicle dealer located within twenty~~	74376
~~miles of the applicant's location and place of business or the~~	74377
~~customer's residence or place of business, the binding agreement~~	74378
~~furnished to the customer may be with the new motor vehicle dealer~~	74379
~~who is franchised to sell and service vehicles of the same~~	74380
~~line-make as the chassis of the remanufactured vehicle purchased~~	74381
~~by the customer and whose service or repair facility is located~~	74382
~~nearest to the remanufacturer's location and place of business or~~	74383
~~the customer's residence or place of business.~~	74384

~~(3)~~ That, at the time of the sale of the vehicle, each	74385
customer of the applicant will be furnished with a warranty issued	74386
by the remanufacturer for a term of at least one year;	74387

~~(4)~~(3) That the applicant provides and maintains at the	74388
applicant's location and place of business a permanent facility	74389
with all of the following:	74390

(a) A showroom with space, under roof, for the display of at	74391
least one new motor vehicle;	74392

(b) A service and parts facility for remanufactured vehicles;

74393

(c) Full-time service and parts personnel with the proper	74394
training and technical expertise to service the remanufactured	74395
vehicles sold by the applicant.	74396

Sec. 4517.13. The registrar of motor vehicles shall deny the	74397
application of any person for a license as a distributor and	74398
refuse to issue the license if the registrar finds that the	74399
applicant:	74400

(A) Has made any false statement of a material fact in the	74401
application;	74402

(B) Has not complied with sections 4517.01 to 4517.45 of the	74403
Revised Code;	74404

(C) Is of bad business repute or has habitually defaulted on	74405
financial obligations;	74406

(D) Is engaged or will engage in the business of distributing	74407
any new motor vehicle without having the authority of a contract	74408
with the manufacturer of the vehicle;	74409

(E) Has been guilty of a fraudulent act in connection with	74410
selling or otherwise dealing in motor vehicles;	74411

(F) Has entered into or is about to enter into a contract or	74412
agreement with a manufacturer of motor vehicles that is contrary	74413
to sections 4517.01 to 4517.45 of the Revised Code;	74414

(G) Is insolvent;

74415

(H) Is of insufficient responsibility to ensure the prompt	74416
payment of any financial judgment that might reasonably be entered	74417
against the applicant because of the transaction of business as a	74418
distributor during the period of the license applied for, or has	74419
failed to satisfy any such judgment;	74420

(I) Has no established place of business that, where	74421
applicable, is used or will be used exclusively for the purpose of	74422
distributing new motor vehicles at the location for which	74423
application is made;	74424

(J) Has, less than twelve months prior to making application,	74425
been denied a distributor's, motor vehicle dealer's, motor vehicle	74426
leasing dealer's, ~~manufactured home broker's,~~ or motor vehicle	74427
auction owner's license, or had any such license revoked.	74428

If the applicant is a corporation or partnership, the	74429
registrar may refuse to issue a license if any officer, director,	74430
employee, or partner of the applicant has been guilty of any act	74431
or omission that would be cause for refusing or revoking a license	74432
issued to such officer, director, employee, or partner as an	74433
individual. The registrar's finding may be based upon facts	74434
contained in the application or upon any other information the	74435
registrar may have. Immediately upon denying an application for	74436
any of the reasons in this section, the registrar shall enter a	74437
final order together with the registrar's findings and certify the	74438
same to the motor vehicle dealers board.	74439

Sec. 4517.14. The registrar of motor vehicles shall deny the	74440
application of any person for a license as a salesperson and	74441
refuse to issue the license if the registrar finds that the	74442
applicant:	74443

(A) Has made any false statement of a material fact in the	74444
application;	74445

(B) Has not complied with sections 4517.01 to 4517.45 of the	74446
Revised Code;	74447

(C) Is of bad business repute or has habitually defaulted on	74448
financial obligations;	74449

(D) Has been guilty of a fraudulent act in connection with	74450
selling or otherwise dealing in motor vehicles;	74451

(E) Has not been designated to act as salesperson for a motor	74452
vehicle dealer ~~or manufactured home broker~~ licensed to do business	74453
in this state under section 4517.10 of the Revised Code, or	74454
intends to act as salesperson for more than one licensed motor	74455
vehicle dealer ~~or manufactured home broker~~ at the same time,	74456
except that a licensed salesperson may act as a salesperson at any	74457
licensed dealership owned or operated by the same ~~corporation~~	74458
company, regardless of the county in which the dealership's	74459
facility is located;	74460

(F) Holds a current motor vehicle dealer's ~~or manufactured~~	74461
~~home broker's~~ license issued under section 4517.10 of the Revised	74462
Code, and intends to act as salesperson for another licensed motor	74463
vehicle dealer ~~or manufactured home broker~~;	74464

(G) Has, less than twelve months prior to making application,	74465
been denied a salesperson's license or had a salesperson's license	74466
revoked.	74467

The registrar may refuse to issue a salesperson's license to	74468
an applicant who was salesperson for, or in the employ of, a motor	74469
vehicle dealer ~~or manufactured home broker~~ at the time the	74470
dealer's ~~or broker's~~ license was revoked. The registrar's finding	74471
may be based upon any statement contained in the application or	74472
upon any facts within the registrar's knowledge, and, immediately	74473
upon refusing to issue a salesperson's license, the registrar	74474
shall enter a final order and shall certify the final order	74475
together with his findings to the motor vehicle dealers board.	74476

Sec. 4517.23. (A) Any licensed motor vehicle dealer, motor	74477
vehicle leasing dealer, ~~manufactured home broker,~~ or distributor	74478
shall notify the registrar of motor vehicles concerning any change	74479
in status as a dealer, motor vehicle leasing dealer, ~~manufactured~~	74480
~~home broker,~~ or distributor during the period for which the	74481
dealer, ~~broker,~~ or distributor is licensed, if the change of	74482
status concerns any of the following:	74483

(1) Personnel of owners, partners, officers, or directors;

74484

(2) Location of office or principal place of business;

74485

(3) In the case of a motor vehicle dealer, any contract or	74486
agreement with any manufacturer or distributor; and in the case of	74487
a distributor, any contract or agreement with any manufacturer.	74488

(B) The notification required by division (A) of this section	74489
shall be made by filing with the registrar, within fifteen days	74490
after the change of status, a supplemental statement in a form	74491
prescribed by the registrar showing in what respect the status has	74492
been changed. If the change involves a change in any contract or	74493
agreement between any manufacturer or distributor, and dealer, or	74494
any manufacturer and distributor, the supplemental statement shall	74495
be accompanied by such copies of contracts, statements, and	74496
certificates as would have been required by sections 4517.01 to	74497
4517.45 of the Revised Code if the change had occurred prior to	74498
the licensee's application for license.	74499

The motor vehicle dealers board may adopt a rule exempting	74500
from the notification requirement of division (A)(1) of this	74501
section any dealer if stock in the dealer or its parent company is	74502
publicly traded and if there are public records with state or	74503
federal agencies that provide the information required by division	74504
(A)(1) of this section.	74505

(C) Whoever violates this section is guilty of a misdemeanor	74506
of the fourth degree.	74507

Sec. 4517.24. (A) No two motor vehicle dealers shall engage	74508
in business at the same location, unless they agree to be jointly,	74509
severally, and personally liable for any liability arising from	74510
their engaging in business at the same location. The agreement	74511
shall be filed with the motor vehicle dealers board, and shall	74512
also be made a part of the articles of incorporation of each such	74513
dealer filed with the secretary of state. Whenever the board has	74514
reason to believe that a dealer who has entered into such an	74515
agreement has revoked the agreement but continues to engage in	74516
business at the same location, the board shall revoke the dealer's	74517
license.	74518

(B) ~~This section does not apply to two or more motor vehicle~~	74519
~~dealers engaged in the business of selling new or used~~	74520
~~manufactured or mobile homes in the same manufactured home park.~~	74521

~~(C)~~ Whoever violates this section is guilty of a misdemeanor	74522
of the fourth degree.	74523

Sec. 4517.44. (A) No manufacturer or distributor of motor	74524
vehicles, dealer in motor vehicles, ~~or manufactured home broker,~~	74525
nor any owner, proprietor, person in control, or keeper of any	74526
garage, stable, shop, or other place of business, shall fail to	74527
keep or cause to be kept any record required by law.	74528

(B) Whoever violates this section is guilty of a minor	74529
misdemeanor.	74530

Sec. 4582.31. (A) A port authority created in accordance	74531
with section 4582.22 of the Revised Code may:	74532

(1) Adopt bylaws for the regulation of its affairs and the	74533
conduct of its business;	74534

(2) Adopt an official seal;

74535

(3) Maintain a principal office within its jurisdiction, and	74536
maintain such branch offices as it may require;	74537

(4) Acquire, construct, furnish, equip, maintain, repair,	74538
sell, exchange, lease to or from, or lease with an option to	74539
purchase, convey other interests in real or personal property, or	74540
any combination thereof, related to, useful for, or in furtherance	74541
of any authorized purpose and operate any property in connection	74542
with transportation, recreational, governmental operations, or	74543
cultural activities;	74544

(5) Straighten, deepen, and improve any channel, river,	74545
stream, or other water course or way which may be necessary or	74546
proper in the development of the facilities of a port authority;	74547

(6) Make available the use or services of any port authority	74548
facility to one or more persons, one or more governmental	74549
agencies, or any combination thereof;	74550

(7) Issue bonds or notes for the acquisition, construction,	74551
furnishing, or equipping of any port authority facility or other	74552
permanent improvement that a port authority is authorized to	74553
acquire, construct, furnish, or equip, in compliance with Chapter	74554
133. of the Revised Code, except that such bonds or notes may only	74555
be issued pursuant to a vote of the electors residing within the	74556
area of jurisdiction of the port authority. The net indebtedness	74557
incurred by a port authority shall never exceed two per cent of	74558
the total value of all property within the territory comprising	74559
the port authority as listed and assessed for taxation.	74560

(8) Issue port authority revenue bonds beyond the limit of	74561
bonded indebtedness provided by law, payable solely from revenues	74562
as provided in section 4582.48 of the Revised Code, for the	74563
purpose of providing funds to pay the costs of any port authority	74564
facility or facilities or parts thereof;	74565

(9) Apply to the proper authorities of the United States	74566
pursuant to appropriate law for the right to establish, operate,	74567
and maintain foreign trade zones and establish, operate, and	74568
maintain foreign trade zones and to acquire, exchange, sell, lease	74569
to or from, lease with an option to purchase, or operate	74570
facilities, land, or property therefor in accordance with the	74571
"Foreign Trade Zones Act," 48 Stat. 998 (1934), 19 U.S.C. 81a to	74572
81u;	74573

(10) Enjoy and possess the same rights, privileges, and	74574
powers granted municipal corporations under sections 721.04 to	74575
721.11 of the Revised Code;	74576

(11) Maintain such funds as it considers necessary;

74577

(12) Direct its agents or employees, when properly identified	74578
in writing, and after at least five days' written notice, to enter	74579
upon lands within the confines of its jurisdiction in order to	74580
make surveys and examinations preliminary to location and	74581
construction of works for the purposes of the port authority,	74582
without liability of the port authority or its agents or employees	74583
except for actual damage done;	74584

(13) Promote, advertise, and publicize the port authority and	74585
its facilities; provide information to shippers and other	74586
commercial interests; and appear before rate-making authorities to	74587
represent and promote the interests of the port authority;	74588

(14) Adopt rules, not in conflict with general law, it finds	74589
necessary or incidental to the performance of its duties and the	74590
execution of its powers under sections 4582.21 to 4582.54 of the	74591
Revised Code. Any such rule shall be posted at no less than five	74592
public places in the port authority, as determined by the board of	74593
directors, for a period of not fewer than fifteen days, and shall	74594
be available for public inspection at the principal office of the	74595
port authority during regular business hours. No person shall	74596
violate any lawful rule adopted and posted as provided in this	74597
division.	74598

(15) Do any of the following, in regard to any interests in	74599
any real or personal property, or any combination thereof,	74600
including, without limitation, machinery, equipment, plants,	74601
factories, offices, and other structures and facilities related	74602
to, useful for, or in furtherance of any authorized purpose, for	74603
such consideration and in such manner, consistent with Article	74604
VIII of the Ohio Constitution, as the board in its sole discretion	74605
may determine:	74606

(a) Loan moneys to any person or governmental entity for the	74607
acquisition, construction, furnishing, and equipping of the	74608
property;	74609

(b) Acquire, construct, maintain, repair, furnish, and equip	74610
the property;	74611

(c) Sell to, exchange with, lease, convey other interests in,	74612
or lease with an option to purchase the same or any lesser	74613
interest in the property to the same or any other person or	74614
governmental entity;	74615

(d) Guarantee the obligations of any person or governmental	74616
entity.	74617

A port authority may accept and hold as consideration for the	74618
conveyance of property or any interest therein such property or	74619
interests therein as the board in its discretion may determine,	74620
notwithstanding any restrictions that apply to the investment of	74621
funds by a port authority.	74622

(16) Sell, lease, or convey other interests in real and	74623
personal property, and grant easements or rights-of-way over	74624
property of the port authority. The board of directors shall	74625
specify the consideration and any terms for the sale, lease, or	74626
conveyance of other interests in real and personal property. Any	74627
determination made by the board under this division shall be	74628
conclusive. The sale, lease, or conveyance may be made without	74629
advertising and the receipt of bids.	74630

(17) Exercise the right of eminent domain to appropriate any	74631
land, rights, rights-of-way, franchises, easements, or other	74632
property, necessary or proper for any authorized purpose, pursuant	74633
to the procedure provided in sections 163.01 to 163.22 of the	74634
Revised Code, if funds equal to the appraised value of the	74635
property to be acquired as a result of such proceedings are	74636
available for that purpose. However, nothing contained in sections	74637
4582.201 to 4582.59 of the Revised Code shall authorize a port	74638
authority to take or disturb property or facilities belonging to	74639
any agency or political subdivision of this state, public utility,	74640
cable operator, or common carrier, which property or facilities	74641
are necessary and convenient in the operation of the agency or	74642
political subdivision, public utility, cable operator, or common	74643
carrier, unless provision is made for the restoration, relocation,	74644
or duplication of such property or facilities, or upon the	74645
election of the agency or political subdivision, public utility,	74646
cable operator, or common carrier, for the payment of	74647
compensation, if any, at the sole cost of the port authority,	74648
provided that:	74649

(a) If any restoration or duplication proposed to be made	74650
under this section involves a relocation of the property or	74651
facilities, the new facilities and location shall be of at least	74652
comparable utilitarian value and effectiveness and shall not	74653
impair the ability of the public utility, cable operator, or	74654
common carrier to compete in its original area of operation;	74655

(b) If any restoration or duplication made under this section	74656
involves a relocation of the property or facilities, the port	74657
authority shall acquire no interest or right in or to the	74658
appropriated property or facilities, except as provided in	74659
division (A)(15) of this section, until the relocated property or	74660
facilities are available for use and until marketable title	74661
thereto has been transferred to the public utility, cable	74662
operator, or common carrier.	74663

As used in division (A)(17) of this section, "cable operator"	74664
has the same meaning as in the "Cable Communications Policy Act of	74665
1984," Pub. L. No. 98-549, 98 Stat. 2780, 47 U.S.C. 522, as	74666
amended by the "Telecommunications Act of 1996," Pub. L. No.	74667
104-104, 110 Stat. 56.	74668

(18)(a) Make and enter into all contracts and agreements and	74669
execute all instruments necessary or incidental to the performance	74670
of its duties and the execution of its powers under sections	74671
4582.21 to 4582.59 of the Revised Code.	74672

(b)(i) Except as provided in division (A)(18)(c) of this	74673
section, when the cost of a contract for the construction of any	74674
building, structure, or other improvement undertaken by a port	74675
authority involves an expenditure exceeding the higher of one	74676
hundred thousand dollars or the amount as adjusted under division	74677
(A)(18)(b)(ii) of this section, and the port authority is the	74678
contracting entity, the port authority shall make a written	74679
contract after notice calling for bids for the award of the	74680
contract has been given by publication twice, with at least seven	74681
days between publications, in a newspaper of general circulation	74682
in the area of the port authority or as provided in section 7.16	74683
of the Revised Code. Each such contract shall be let to the lowest	74684
responsive and responsible bidder in accordance with section 9.312	74685
of the Revised Code. Every contract shall be accompanied by or	74686
shall refer to plans and specifications for the work to be done,	74687
prepared for and approved by the port authority, signed by an	74688
authorized officer of the port authority and by the contractor,	74689
and shall be executed in triplicate.	74690

Each bid shall be awarded in accordance with sections 153.54,	74691
153.57, and 153.571 of the Revised Code. The port authority may	74692
reject any and all bids.	74693

(ii) On January 1, 2012, and the first day of January of	74694
every even-numbered year thereafter, the director of commerce	74695
shall adjust the threshold level for contracts subject to the	74696
bidding requirements contained in division (A)(18)(b)(i) of this	74697
section. The director shall adjust this amount according to the	74698
average increase for each of the two years immediately preceding	74699
the adjustment as set forth in the producer price index for	74700
material and supply inputs for new nonresidential construction as	74701
determined by the bureau of labor statistics of the United States	74702
department of labor or, if that index no longer is published, a	74703
generally available comparable index. If there is no resulting	74704
increase, the threshold shall remain the same until the next	74705
scheduled adjustment on the first day of January of the next	74706
even-numbered year.	74707

(c) The board of directors by rule may provide criteria for	74708
the negotiation and award without competitive bidding of any	74709
contract as to which the port authority is the contracting entity	74710
for the construction of any building or structure or other	74711
improvement under any of the following circumstances:	74712

(i) There exists a real and present emergency that threatens	74713
damage or injury to persons or property of the port authority or	74714
other persons, provided that a statement specifying the nature of	74715
the emergency that is the basis for the negotiation and award of a	74716
contract without competitive bidding shall be signed by the	74717
officer of the port authority that executes that contract at the	74718
time of the contract's execution and shall be attached to the	74719
contract.	74720

(ii) A commonly recognized industry or other standard or	74721
specification does not exist and cannot objectively be articulated	74722
for the improvement.	74723

(iii) The contract is for any energy conservation measure as	74724
defined in section 307.041 of the Revised Code.	74725

(iv) With respect to material to be incorporated into the	74726
improvement, only a single source or supplier exists for the	74727
material.	74728

(v) A single bid is received by the port authority after	74729
complying with the provisions of division (A)(18)(b) of this	74730
section.	74731

(d)(i) If a contract is to be negotiated and awarded without	74732
competitive bidding for the reason set forth in division	74733
(A)(18)(c)(ii) of this section, the port authority shall publish a	74734
notice calling for technical proposals ~~at least~~ twice, with at	74735
least seven days between publications, in a newspaper of general	74736
circulation in the area of the port authority or as provided in	74737
section 7.16 of the Revised Code. After receipt of the technical	74738
proposals, the port authority may negotiate with and award a	74739
contract for the improvement to the proposer making the proposal	74740
considered to be the most advantageous to the port authority.	74741

(ii) If a contract is to be negotiated and awarded without	74742
competitive bidding for the reason set forth in division	74743
(A)(18)(c)(iv) of this section, any construction activities	74744
related to the incorporation of the material into the improvement	74745
also may be provided without competitive bidding by the source or	74746
supplier of that material.	74747

(e)(i) Any purchase, exchange, sale, lease, lease with an	74748
option to purchase, conveyance of other interests in, or other	74749
contract with a person or governmental entity that pertains to the	74750
acquisition, construction, maintenance, repair, furnishing,	74751
equipping, or operation of any real or personal property, or any	74752
combination thereof, related to, useful for, or in furtherance of	74753
an activity contemplated by Section 13 or 16 of Article VIII, Ohio	74754
Constitution, shall be made in such manner and subject to such	74755
terms and conditions as may be determined by the board of	74756
directors in its discretion.	74757

(ii) Division (A)(18)(e)(i) of this section applies to all	74758
contracts that are subject to the division, notwithstanding any	74759
other provision of law that might otherwise apply, including,	74760
without limitation, any requirement of notice, any requirement of	74761
competitive bidding or selection, or any requirement for the	74762
provision of security.	74763

(iii) Divisions (A)(18)(e)(i) and (ii) of this section do not	74764
apply to either of the following: any contract secured by or to be	74765
paid from moneys raised by taxation or the proceeds of obligations	74766
secured by a pledge of moneys raised by taxation; or any contract	74767
secured exclusively by or to be paid exclusively from the general	74768
revenues of the port authority. For the purposes of this section,	74769
any revenues derived by the port authority under a lease or other	74770
agreement that, by its terms, contemplates the use of amounts	74771
payable under the agreement either to pay the costs of the	74772
improvement that is the subject of the contract or to secure	74773
obligations of the port authority issued to finance costs of such	74774
improvement, are excluded from general revenues.	74775

(19) Employ managers, superintendents, and other employees	74776
and retain or contract with consulting engineers, financial	74777
consultants, accounting experts, architects, attorneys, and any	74778
other consultants and independent contractors as are necessary in	74779
its judgment to carry out this chapter, and fix the compensation	74780
thereof. All expenses thereof shall be payable from any available	74781
funds of the port authority or from funds appropriated for that	74782
purpose by a political subdivision creating or participating in	74783
the creation of the port authority.	74784

(20) Receive and accept from any state or federal agency	74785
grants and loans for or in aid of the construction of any port	74786
authority facility or for research and development with respect to	74787
port authority facilities, and receive and accept aid or	74788
contributions from any source of money, property, labor, or other	74789
things of value, to be held, used, and applied only for the	74790
purposes for which the grants and contributions are made;	74791

(21) Engage in research and development with respect to port	74792
authority facilities;	74793

(22) Purchase fire and extended coverage and liability	74794
insurance for any port authority facility and for the principal	74795
office and branch offices of the port authority, insurance	74796
protecting the port authority and its officers and employees	74797
against liability for damage to property or injury to or death of	74798
persons arising from its operations, and any other insurance the	74799
port authority may agree to provide under any resolution	74800
authorizing its port authority revenue bonds or in any trust	74801
agreement securing the same;	74802

(23) Charge, alter, and collect rentals and other charges for	74803
the use or services of any port authority facility as provided in	74804
section 4582.43 of the Revised Code;	74805

(24) Provide coverage for its employees under Chapters 145.,	74806
4123., and 4141. of the Revised Code;	74807

(25) Do all acts necessary or proper to carry out the powers	74808
expressly granted in sections 4582.21 to 4582.59 of the Revised	74809
Code.	74810

(B) Any instrument by which real property is acquired	74811
pursuant to this section shall identify the agency of the state	74812
that has the use and benefit of the real property as specified in	74813
section 5301.012 of the Revised Code.	74814

(C) Whoever violates division (A)(14) of this section is	74815
guilty of a minor misdemeanor.	74816

Sec. 4585.10. The officer holding a writ for the sale of a	74817
watercraft, its apparel, or furniture, before ~~he proceeds~~	74818
proceeding to sell it, shall give public notice of the time and	74819
place of sale for at least ten days previous thereto or as	74820
provided in section 7.16 of the Revised Code, by advertisement in	74821
a newspaper ~~published~~of general circulation in the county, and by	74822
advertisement posted in at least five public places in the county.	74823
Such sales shall be conducted, and the court shall have the same	74824
power over them as sales upon execution.	74825

Sec. 4705.021. (A) As used in this section:

74826

(1) "Disciplinary counsel" means the disciplinary counsel	74827
appointed by the board of commissioners on grievances and	74828
discipline of the supreme court under the Rules for the Government	74829
of the Bar of Ohio.	74830

(2) "Certified grievance committee" means a duly constituted	74831
and organized committee of the Ohio state bar association or of	74832
one or more local bar associations of the state that complies with	74833
the criteria set forth in rule V, section 3 of the Rules for the	74834
Government of the Bar of Ohio.	74835

(3) "Child support order" has the same meaning as in section	74836
3119.01 of the Revised Code.	74837

(B) If an individual who has been admitted to the bar by	74838
order of the supreme court in compliance with its published rules	74839
is determined pursuant to sections 3123.01 to 3123.07 of the	74840
Revised Code by a court or child support enforcement agency to be	74841
in default under a support order being administered or handled by	74842
a child support enforcement agency, that agency may send a notice	74843
listing the name and social security number or other	74844
identification number of the individual and a certified copy of	74845
the court or agency determination that the individual is in	74846
default to the secretary of the board of commissioners on	74847
grievances and discipline of the supreme court and to either the	74848
disciplinary counsel or the president, secretary, and chairperson	74849
of each certified grievance committee if both of the following are	74850
the case:	74851

(1) At least ninety days have elapsed since the final and	74852
enforceable determination of default;	74853

(2) In the preceding ninety days, the obligor has failed to	74854
pay at least fifty per cent of the arrearage through means other	74855
than those described in sections 3123.81 to 3123.85 of the Revised	74856
Code.	74857

Sec. 4709.13. (A) The barber board may refuse to issue or	74858
renew or may suspend or revoke or impose conditions upon any	74859
license issued pursuant to this chapter for any one or more of the	74860
following causes:	74861

(1) ~~Conviction of a felony shown by a certified copy of the~~	74862
~~record of the court of conviction;~~	74863

~~(2)~~ Advertising by means of knowingly false or deceptive	74864
statements;	74865

~~(3)~~(2) Habitual drunkenness or possession of or addiction to	74866
the use of any controlled drug prohibited by state or federal law;	74867

~~(4)~~(3) Immoral or unprofessional conduct;

74868

~~(5)~~(4) Continuing to be employed in a barber shop wherein	74869
rules of the board or department of health are violated;	74870

~~(6)~~(5) Employing any person who does not have a current Ohio	74871
license to perform the practice of barbering;	74872

~~(7)~~(6) Owning, managing, operating, or controlling any barber	74873
school or portion thereof, wherein the practice of barbering is	74874
carried on, whether in the same building or not, without	74875
displaying a sign at all entrances to the places where the	74876
barbering is carried on, indicating that the work therein is done	74877
by students exclusively;	74878

~~(8)~~(7) Owning, managing, operating, or controlling any barber	74879
shop, unless it displays a recognizable sign or barber pole	74880
indicating that it is a barber shop, and the sign or pole is	74881
clearly visible at the main entrance to the shop;	74882

~~(9)~~(8) Violating any sanitary rules approved by the	74883
department of health or the board;	74884

~~(10)~~(9) Employing another person to perform or ~~himself~~	74885
personally perform the practice of barbering in a licensed barber	74886
shop unless that person is licensed as a barber under this	74887
chapter;	74888

~~(11)~~(10) Gross incompetence.

74889

(B)(1) The barber board may refuse to renew or may suspend or	74890
revoke or impose conditions upon any license issued pursuant to	74891
this chapter for conviction of or plea of guilty to a felony	74892
committed after the person has been issued a license under this	74893
chapter, shown by a certified copy of the record of the court in	74894
which the person was convicted or pleaded guilty.	74895

(2) A conviction or plea of guilty to a felony committed	74896
prior to being issued a license under this chapter shall not	74897
disqualify a person from being issued an initial license under	74898
this chapter.	74899

(C) Prior to taking any action under division (A) or (B) of	74900
this section, the board shall provide the person with a statement	74901
of the charges against ~~him~~the person and notice of the time and	74902
place of a hearing on the charges. The board shall conduct the	74903
hearing according to Chapter 119. of the Revised Code. Any person	74904
dissatisfied with a decision of the board may appeal the board's	74905
decision to the court of common pleas in Franklin county.	74906

~~(C)~~(D) The board may adopt rules in accordance with Chapter	74907
119. of the Revised Code, specifying additional grounds upon which	74908
the board may take action under division (A) of this section.	74909

Sec. 4725.34. (A) The state board of optometry shall charge	74910
the following nonrefundable fees:	74911

(1) One hundred ~~ten~~thirty dollars for application for a	74912
certificate of licensure;	74913

(2) ~~Twenty-five~~Forty-five dollars for application for a	74914
therapeutic pharmaceutical agents certificate, except when the	74915
certificate is to be issued pursuant to division (A)(3) of section	74916
4725.13 of the Revised Code, in which case the fee shall be	74917
thirty-five dollars;	74918

(3) One hundred ~~ten~~thirty dollars for renewal of a	74919
certificate of licensure;	74920

(4) ~~Twenty-five~~Forty-five dollars for renewal of a topical	74921
ocular pharmaceutical agents certificate;	74922

(5) ~~Twenty-five~~Forty-five dollars for renewal of a	74923
therapeutic pharmaceutical agents certificate;	74924

(6) ~~Seventy-five~~One hundred twenty-five dollars for late	74925
completion or submission, or both, of continuing optometric	74926
education;	74927

(7) ~~Seventy-five~~One hundred twenty-five dollars for late	74928
renewal of one or more certificates that have expired;	74929

(8) Seventy-five dollars for reinstatement of one or more	74930
certificates classified as delinquent under section 4725.16 of the	74931
Revised Code, multiplied by the number of years the one or more	74932
certificates have been classified as delinquent;	74933

(9) Seventy-five dollars for reinstatement of one or more	74934
certificates placed on inactive status under section 4725.17 of	74935
the Revised Code;	74936

(10) Seventy-five dollars for reinstatement under section	74937
4725.171 of the Revised Code of one or more expired certificates;	74938

(11) Additional fees to cover administrative costs incurred	74939
by the board, including fees for replacing licenses issued by the	74940
board and providing rosters of currently licensed optometrists.	74941
Such fees shall be established at a regular meeting of the board	74942
and shall comply with any applicable guidelines or policies set by	74943
the department of administrative services or the office of budget	74944
and management.	74945

(B) The board, subject to the approval of the controlling	74946
board, may establish fees in excess of the amounts specified in	74947
division (A) of this section if the fees do not exceed the amounts	74948
specified by more than fifty per cent.	74949

(C) All receipts of the board, from any source, shall be	74950
deposited in the state treasury to the credit of the occupational	74951
licensing and regulatory fund.	74952

Sec. 4725.48. (A) Any person who desires to engage in	74953
optical dispensing, except as provided in section 4725.47 of the	74954
Revised Code, shall file a properly completed written application	74955
for an examination with the Ohio optical dispensers board or with	74956
the testing service the board has contracted with pursuant to	74957
section 4725.49 of the Revised Code. The application for	74958
examination shall be made on a form provided by the board or	74959
testing service and shall be accompanied by an examination fee the	74960
board shall establish by rule. Applicants must return the	74961
application to the board or testing service at least sixty days	74962
prior to the date the examination is scheduled to be administered.	74963

(B) Except as provided in section 4725.47 of the Revised	74964
Code, any person who desires to engage in optical dispensing shall	74965
file a properly completed written application for a license with	74966
the board with ~~the appropriate license~~a licensure application fee	74967
~~as set forth under section 4725.50 of the Revised Code~~of fifty	74968
dollars.	74969

No person shall be eligible to apply for a license under this	74970
division, unless the person is at least eighteen years of age, is	74971
of good moral character, is free of contagious or infectious	74972
disease, has received a passing score, as determined by the board,	74973
on the examination administered under division (A) of this	74974
section, is a graduate of an accredited high school of any state,	74975
or has received an equivalent education and has successfully	74976
completed either of the following:	74977

(1) Two years of supervised experience under a licensed	74978
dispensing optician, optometrist, or physician engaged in the	74979
practice of ophthalmology, up to one year of which may be	74980
continuous experience of not less than thirty hours a week in an	74981
optical laboratory;	74982

(2) A two-year college level program in optical dispensing	74983
that has been approved by the board and that includes, but is not	74984
limited to, courses of study in mathematics, science, English,	74985
anatomy and physiology of the eye, applied optics, ophthalmic	74986
optics, measurement and inspection of lenses, lens grinding and	74987
edging, ophthalmic lens design, keratometry, and the fitting and	74988
adjusting of spectacle lenses and frames and contact lenses,	74989
including methods of fitting contact lenses and post-fitting care.	74990

(C) Any person who desires to obtain a license to practice as	74991
an ocularist shall file a properly completed written application	74992
with the board accompanied by the appropriate fee and proof that	74993
the applicant has met the requirements for licensure. The board	74994
shall establish, by rule, the application fee and the minimum	74995
requirements for licensure, including education, examination, or	74996
experience standards recognized by the board as national standards	74997
for ocularists. The board shall issue a license to practice as an	74998
ocularist to an applicant who satisfies the requirements of this	74999
division and rules adopted pursuant to this division.	75000

Sec. 4725.50. (A) Except for a person who qualifies for	75001
licensure as an ocularist, each person who qualifies for licensure	75002
under sections 4725.40 to 4725.59 of the Revised Code shall	75003
receive from the Ohio optical dispensers board, under its seal, a	75004
certificate of licensure entitling ~~him~~the person to practice as a	75005
licensed spectacle dispensing optician, licensed contact lens	75006
dispensing optician, or a licensed spectacle-contact lens	75007
dispensing optician. The appropriate certificate of licensure	75008
shall be issued by the board no later than sixty days after it has	75009
notified the applicant of ~~his~~the applicant's approval for	75010
licensure.	75011

(B) ~~The licensure fee shall be fifty dollars for applications~~	75012
~~submitted in January through March; thirty-seven dollars and fifty~~	75013
~~cents, in April through June; twenty-five dollars, in July through~~	75014
~~September; and twelve dollars and fifty cents, in October through~~	75015
~~December.~~	75016

~~(C)~~ Each licensed dispensing optician shall display ~~his~~the	75017
licensed dispensing optician's certificate of licensure in a	75018
conspicuous place in ~~his~~the licensed dispensing optician's office	75019
or place of business. If a licensed dispensing optician maintains	75020
more than one office or place of business, hethe licensed	75021
dispensing optician shall display a duplicate copy of such	75022
certificate at each location. The board shall issue duplicate	75023
copies of the appropriate certificate of licensure for this	75024
purpose upon the filing of an application form therefor and the	75025
payment of a five-dollar fee for each duplicate copy.	75026

Sec. 4725.52. Any licensed dispensing optician may supervise	75027
a maximum of three apprentices who shall be permitted to engage in	75028
optical dispensing only under the supervision of the licensed	75029
dispensing optician.	75030

~~A person serving~~To serve as an apprentice, a person shall	75031
register ~~annually~~ with the Ohio optical dispensers board either on	75032
a form provided by the board or in the form of a statement giving	75033
the name and address of the supervising licensed dispensing	75034
optician, the location at which the apprentice will be employed,	75035
and any other information required by the board. ~~Each registrant~~	75036
For the duration of the apprenticeship, the apprentice shall	75037
register annually on the form provided by the board or in the form	75038
of a statement.	75039

Each apprentice shall pay aan initial registration fee of	75040
~~ten~~twenty dollars. For each registration renewal thereafter, each	75041
apprentice shall pay a registration renewal fee of twenty dollars.	75042

A person who is gaining experience under the supervision of a	75043
licensed optometrist or ophthalmologist that would qualify ~~him~~the	75044
person under division (B)(1) of section 4725.48 of the Revised	75045
Code to take the examination for optical dispensing is not	75046
required to register with the board.	75047

Sec. 4725.57. An applicant for licensure as a licensed	75048
dispensing optician who is licensed or registered in another state	75049
shall be accorded the full privileges of practice within this	75050
state, upon the payment of a ~~seventy-five~~fifty-dollar fee and the	75051
submission of a certified copy of the license or certificate	75052
issued by such other state, without the necessity of examination,	75053
if the board determines that the applicant meets the ~~criteria of~~	75054
~~division (A) of section 4725.48 of the Revised Code and further~~	75055
~~determines that the educational background or experience of the~~	75056
~~applicant satisfies the~~remaining requirements of division (B) of	75057
section 4725.48 of the Revised Code. The board may require that	75058
the applicant have received a passing score, as determined by the	75059
board, on an examination that is substantially the same as the	75060
examination described in division (A) of section 4725.48 of the	75061
Revised Code.	75062

Sec. 4729.021. The state board of pharmacy may enter into	75063
contracts with private entities for the furtherance of its duties	75064
as set forth in this chapter. When entering into these contracts,	75065
the board shall give preference to entities that are Ohio-based	75066
companies. Any revenue received by the board from such contracts	75067
shall be placed in the occupational licensing and regulatory fund	75068
and may be used for any purpose determined by the board to be	75069
relevant to its duties, including the establishment and	75070
maintenance of a drug database pursuant to section 4729.75 of the	75071
Revised Code.	75072

Sec. 4731.65. As used in sections 4731.65 to 4731.71 of the	75073
Revised Code:	75074

(A)(1) "Clinical laboratory services" means either of the	75075
following:	75076

(a) Any examination of materials derived from the human body	75077
for the purpose of providing information for the diagnosis,	75078
prevention, or treatment of any disease or impairment or for the	75079
assessment of health;	75080

(b) Procedures to determine, measure, or otherwise describe	75081
the presence or absence of various substances or organisms in the	75082
body.	75083

(2) "Clinical laboratory services" does not include the mere	75084
collection or preparation of specimens.	75085

(B) "Designated health services" means any of the following:

75086

(1) Clinical laboratory services;

75087

(2) Home health care services;

75088

(3) Outpatient prescription drugs.

75089

(C) "Fair market value" means the value in arms-length	75090
transactions, consistent with general market value and:	75091

(1) With respect to rentals or leases, the value of rental	75092
property for general commercial purposes, not taking into account	75093
its intended use;	75094

(2) With respect to a lease of space, not adjusted to reflect	75095
the additional value the prospective lessee or lessor would	75096
attribute to the proximity or convenience to the lessor if the	75097
lessor is a potential source of referrals to the lessee.	75098

(D) "Governmental health care program" means any program	75099
providing health care benefits that is administered by the federal	75100
government, this state, or a political subdivision of this state,	75101
including the medicare program established under Title XVIII of	75102
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	75103
as amended, health care coverage for public employees, health care	75104
benefits administered by the bureau of workers' compensation, and	75105
the medicaid program established under Chapter 5111. of the	75106
Revised Code~~, and the children's buy-in program established under~~	75107
~~sections 5101.5211 to 5101.5216 of the Revised Code~~.	75108

(E)(1) "Group practice" means a group of two or more holders	75109
of certificates under this chapter legally organized as a	75110
partnership, professional corporation or association, limited	75111
liability company, foundation, nonprofit corporation, faculty	75112
practice plan, or similar group practice entity, including an	75113
organization comprised of a nonprofit medical clinic that	75114
contracts with a professional corporation or association of	75115
physicians to provide medical services exclusively to patients of	75116
the clinic in order to comply with section 1701.03 of the Revised	75117
Code and including a corporation, limited liability company,	75118
partnership, or professional association described in division (B)	75119
of section 4731.226 of the Revised Code formed for the purpose of	75120
providing a combination of the professional services of	75121
optometrists who are licensed, certificated, or otherwise legally	75122
authorized to practice optometry under Chapter 4725. of the	75123
Revised Code, chiropractors who are licensed, certificated, or	75124
otherwise legally authorized to practice chiropractic or	75125
acupuncture under Chapter 4734. of the Revised Code, psychologists	75126
who are licensed, certificated, or otherwise legally authorized to	75127
practice psychology under Chapter 4732. of the Revised Code,	75128
registered or licensed practical nurses who are licensed,	75129
certificated, or otherwise legally authorized to practice nursing	75130
under Chapter 4723. of the Revised Code, pharmacists who are	75131
licensed, certificated, or otherwise legally authorized to	75132
practice pharmacy under Chapter 4729. of the Revised Code,	75133
physical therapists who are licensed, certificated, or otherwise	75134
legally authorized to practice physical therapy under sections	75135
4755.40 to 4755.56 of the Revised Code, occupational therapists	75136
who are licensed, certificated, or otherwise legally authorized to	75137
practice occupational therapy under sections 4755.04 to 4755.13 of	75138
the Revised Code, mechanotherapists who are licensed,	75139
certificated, or otherwise legally authorized to practice	75140
mechanotherapy under section 4731.151 of the Revised Code, and	75141
doctors of medicine and surgery, osteopathic medicine and surgery,	75142
or podiatric medicine and surgery who are licensed, certificated,	75143
or otherwise legally authorized for their respective practices	75144
under this chapter, to which all of the following apply:	75145

(a) Each physician who is a member of the group practice	75146
provides substantially the full range of services that the	75147
physician routinely provides, including medical care,	75148
consultation, diagnosis, or treatment, through the joint use of	75149
shared office space, facilities, equipment, and personnel.	75150

(b) Substantially all of the services of the members of the	75151
group are provided through the group and are billed in the name of	75152
the group and amounts so received are treated as receipts of the	75153
group.	75154

(c) The overhead expenses of and the income from the practice	75155
are distributed in accordance with methods previously determined	75156
by members of the group.	75157

(d) The group practice meets any other requirements that the	75158
state medical board applies in rules adopted under section 4731.70	75159
of the Revised Code.	75160

(2) In the case of a faculty practice plan associated with a	75161
hospital with a medical residency training program in which	75162
physician members may provide a variety of specialty services and	75163
provide professional services both within and outside the group,	75164
as well as perform other tasks such as research, the criteria in	75165
division (E)(1) of this section apply only with respect to	75166
services rendered within the faculty practice plan.	75167

(F) "Home health care services" and "immediate family" have	75168
the same meanings as in the rules adopted under section 4731.70 of	75169
the Revised Code.	75170

(G) "Hospital" has the same meaning as in section 3727.01 of	75171
the Revised Code.	75172

(H) A "referral" includes both of the following:

75173

(1) A request by a holder of a certificate under this chapter	75174
for an item or service, including a request for a consultation	75175
with another physician and any test or procedure ordered by or to	75176
be performed by or under the supervision of the other physician;	75177

(2) A request for or establishment of a plan of care by a	75178
certificate holder that includes the provision of designated	75179
health services.	75180

(I) "Third-party payer" has the same meaning as in section	75181
3901.38 of the Revised Code.	75182

Sec. 4731.71. The auditor of state may implement procedures	75183
to detect violations of section 4731.66 or 4731.69 of the Revised	75184
Code within governmental health care programs administered by the	75185
state. The auditor of state shall report any violation of either	75186
section to the state medical board and shall certify to the	75187
attorney general in accordance with section 131.02 of the Revised	75188
Code the amount of any refund owed to a state-administered	75189
governmental health care program under section 4731.69 of the	75190
Revised Code as a result of a violation. If a refund is owed to	75191
the medicaid program established under Chapter 5111. of the	75192
Revised Code ~~or the children's buy-in program established under~~	75193
~~sections 5101.5211 to 5101.5216 of the Revised Code~~, the auditor	75194
of state also shall report the amount to the department of job and	75195
family services.	75196

The state medical board also may implement procedures to	75197
detect violations of section 4731.66 or 4731.69 of the Revised	75198
Code.	75199

Sec. 4733.15. (A) Registration expires ~~annually~~ on the last	75200
day of December ~~following initial registration or renewal of~~	75201
~~registration~~2011, and becomes invalid on that date unless renewed	75202
~~pursuant to this section and the standard renewal procedure of~~	75203
~~sections 4745.01 to 4745.03 of the Revised Code~~. For renewals	75204
after that date, registration expires biennially on the last day	75205
of December following initial registration or renewal of	75206
registration and becomes invalid on that date unless renewed.	75207
Renewal may be effected ~~at any time prior to the date of~~	75208
~~expiration for a period of one year~~ by the applicant's payment to	75209
the treasurer of state of a fee of ~~twenty~~forty dollars for a	75210
renewal of registration as either a professional engineer or	75211
professional surveyor and~~, for renewals for calendar year 2008 and~~	75212
~~thereafter,~~ demonstration of completion of the continuing	75213
professional development requirements of section 4733.151 of the	75214
Revised Code. When notified as required in this section, a	75215
registrant's failure to renew registration shall not deprive the	75216
registrant of the right of renewal within the following twelve	75217
months, but the fee to renew a registration within twelve months	75218
after expiration shall be increased fifty per cent, and the	75219
registrant shall certify completion of continuing professional	75220
development hours as required in section 4733.151 of the Revised	75221
Code.	75222

The state board of registration for professional engineers	75223
and surveyors may, upon request, waive the payment of renewal fees	75224
or the completion of continuing professional development	75225
requirements for a registrant during the period when the	75226
registrant is on active duty in connection with any branch of the	75227
armed forces of the United States.	75228

(B) Each certificate of authorization issued pursuant to	75229
section 4733.16 of the Revised Code shall authorize the holder to	75230
provide professional engineering or professional surveying	75231
services, through the registered professional engineer or	75232
professional surveyor designated as being in responsible charge of	75233
the professional engineering or professional surveying practice,	75234
from the date of issuance until the last day of June next	75235
succeeding the date upon which the certificate was issued, unless	75236
the certificate has been revoked or suspended for cause as	75237
provided in section 4733.20 of the Revised Code or has been	75238
suspended pursuant to section 3123.47 of the Revised Code.	75239

(C) If a registrant fails to renew registration as provided	75240
under division (A) of this section, renewal and reinstatement may	75241
be effected under rules the board adopts regarding requirements	75242
for reexamination or reapplication, and reinstatement penalty	75243
fees. The board may require a registrant who fails to renew	75244
registration to complete ~~those~~the required hours of continuing	75245
professional development ~~required from the effective date of this~~	75246
~~section,~~ as a condition of renewal and reinstatement if the	75247
registrant seeks renewal and reinstatement under this division on	75248
~~or after January 1, 2009~~.	75249

Sec. 4733.151. (A) ~~Each~~For registrations expiring on the	75250
last day of December 2011, each registrant for renewal ~~for~~	75251
~~calendar year 2008 and thereafter~~ shall have completed, ~~within the~~	75252
~~preceding~~in calendar year 2011, at least fifteen hours of	75253
continuing professional development for professional engineers and	75254
surveyors. Thereafter, each registrant shall complete at least	75255
thirty hours of continuing professional development during the	75256
two-year period immediately preceding the biennial renewal	75257
expiration date.	75258

(B) The continuing professional development requirement may	75259
be satisfied by coursework or activities dealing with technical,	75260
ethical, or managerial topics relevant to the practice of	75261
engineering or surveying. A registrant may earn continuing	75262
professional development hours by completing or teaching	75263
university or college level coursework, attending seminars,	75264
workshops, or conferences, authoring relevant published papers,	75265
articles, or books, receiving patent awards, or actively	75266
participating in professional or technical societies serving the	75267
engineering or surveying professions.	75268

In the case of the board disputing the content of any credit	75269
hours or coursework, then the board shall presume as a matter of	75270
law that any credit hours submitted by a registrant, or any	75271
coursework or activity submitted for approval, complies with this	75272
section if submitted and if a statement signed by a current	75273
registrant not otherwise participating in the event, affirms that	75274
the material is relevant to the registrant's practice and will	75275
assist the registrant's development in the profession.	75276

Credit for university or college level coursework shall be	75277
based on the credit established by the university or college. One	75278
semester hour as established by the university or college shall be	75279
the equivalent of forty-five hours of continuing professional	75280
development, and one quarter hour as established by the university	75281
or college shall be the equivalent of thirty hours of continuing	75282
professional development.	75283

Credit for seminars, workshops, or conferences offering	75284
continuing education units shall be based on the units awarded by	75285
the organization presenting the seminar, workshop, or conference.	75286
A registrant may earn ten continuing professional development	75287
hours for each continuing education unit awarded. Each hour of	75288
attendance at a seminar, workshop, or conference for which no	75289
continuing education units are offered shall be the equivalent of	75290
one continuing professional development hour.	75291

A registrant may earn two continuing professional development	75292
hours for each year of service as an officer or active committee	75293
member of a professional or technical society or association that	75294
represents registrants or entities composed of registrants. A	75295
registrant may earn ten continuing professional development hours	75296
for authoring relevant published papers, articles, or books. A	75297
registrant may earn ten continuing professional development hours	75298
for each such published paper, article, or book. A registrant may	75299
earn ten continuing professional development hours for each patent	75300
award.	75301

(C) A person registered as both a professional engineer and	75302
professional surveyor shall complete at least ~~five~~ten of the	75303
~~fifteen~~thirty hours required under division (A) of this section	75304
in engineering-related coursework or activities and at least ~~five~~	75305
ten of those ~~fifteen~~thirty hours in surveying-related coursework	75306
or activities.	75307

(D) A registrant is exempt from the continuing professional	75308
development requirements of this section during the first calendar	75309
year of registration.	75310

(E) A registrant who completes more than ~~fifteen~~thirty hours	75311
of approved coursework or activities in ~~any calendar year~~a	75312
biennial renewal period may carry forward to the next ~~calendar~~	75313
~~year~~biennial renewal period a maximum of fifteen of the excess	75314
hours.	75315

(F) A registrant shall maintain records to demonstrate	75316
completion of the continuing professional development requirements	75317
specified in this section for a period of ~~three~~four calendar	75318
years beyond the year in which certification of the completion of	75319
the requirements is obtained by the registrant. The records shall	75320
include all of the following:	75321

(1) A log specifying the type of coursework or activity, its	75322
location and duration along with the instructor's name, and the	75323
number of continuing professional development hours earned;	75324

(2) Certificates of completion or other evidence verifying	75325
attendance.	75326

(G) The records specified in division (F) of this section may	75327
be audited at any time by the state board of registration for	75328
professional engineers and surveyors. If the board discovers that	75329
a registrant has failed to complete coursework or activities, it	75330
shall notify the registrant of the deficiencies and allow the	75331
registrant six months from the date of the notice to rectify the	75332
deficiencies and to provide the board with evidence of	75333
satisfactory completion of the continuing professional development	75334
requirements. If the registrant fails to provide such evidence	75335
within that six-month period, the board may revoke or suspend the	75336
registration after offering an adjudication hearing in accordance	75337
with Chapter 119. of the Revised Code.	75338

Sec. 4736.12. (A) The state board of sanitarian registration	75339
shall charge the following fees:	75340

(1) To apply as a sanitarian-in-training, eighty dollars;

75341

(2) For sanitarians-in-training to apply for registration as	75342
sanitarians, eighty dollars. The applicant shall pay this fee only	75343
once regardless of the number of times the applicant takes an	75344
examination required under section 4736.08 of the Revised Code.	75345

(3) For persons other than sanitarians-in-training to apply	75346
for registration as sanitarians, including persons meeting the	75347
requirements of section 4736.16 of the Revised Code, one hundred	75348
sixty dollars. The applicant shall pay this fee only once	75349
regardless of the number of times the applicant takes an	75350
examination required under section 4736.08 of the Revised Code.	75351

(4) The renewal fee for registered sanitarians shall be	75352
~~seventy-four~~eighty dollars.	75353

(5) The renewal fee for sanitarians-in-training shall be	75354
~~seventy-four~~eighty dollars.	75355

(6) For late application for renewal, ~~twenty-seven~~an	75356
additional fifty dollars.	75357

The board of sanitarian registration, with the approval of	75358
the controlling board, may establish fees in excess of the amounts	75359
provided in this section, provided that such fees do not exceed	75360
the amounts permitted by this section by more than fifty per cent.	75361

(B) The board of sanitarian registration shall charge	75362
separate fees for examinations as required by section 4736.08 of	75363
the Revised Code, provided that the fees are not in excess of the	75364
actual cost to the board of conducting the examinations.	75365

(C) The board of sanitarian registration may adopt rules	75366
establishing fees for all of the following:	75367

(1) Application for the registration of a training agency	75368
approved under rules adopted by the board pursuant to section	75369
4736.11 of the Revised Code and for the annual registration	75370
renewal of an approved training agency.;	75371

(2) Application for the review of continuing education hours	75372
submitted for the board's approval by approved training agencies	75373
or by registered sanitarians or sanitarians-in-training;	75374

(3) Additional copies of pocket identification cards and wall	75375
certificates.	75376

Sec. 4743.05. Except as otherwise provided in sections	75377
4701.20, 4723.062, 4723.082, ~~and~~ 4729.65, 4781.121, and 4781.28 of	75378
the Revised Code, all money collected under Chapters 3773., 4701.,	75379
4703., 4709., 4713., 4715., 4717., 4723., 4725., 4729., 4732.,	75380
4733., 4734., 4736., 4741., 4753., 4755., 4757., 4758., 4759.,	75381
4761., 4766., 4771., 4775., 4779., and 4781. of the Revised Code	75382
shall be paid into the state treasury to the credit of the	75383
occupational licensing and regulatory fund, which is hereby	75384
created for use in administering such chapters.	75385

At the end of each quarter, the director of budget and	75386
management shall transfer from the occupational licensing and	75387
regulatory fund to the nurse education assistance fund created in	75388
section 3333.28 of the Revised Code the amount certified to the	75389
director under division (B) of section 4723.08 of the Revised	75390
Code.	75391

At the end of each quarter, the director shall transfer from	75392
the occupational licensing and regulatory fund to the certified	75393
public accountant education assistance fund created in section	75394
4701.26 of the Revised Code the amount certified to the director	75395
under division (H)(2) of section 4701.10 of the Revised Code.	75396

Sec. 4757.31. (A) Subject to division (B) of this section,	75397
the counselor, social worker, and marriage and family therapist	75398
board shall establish, and may from time to time adjust, fees to	75399
be charged for the following:	75400

(1) Examination for licensure as a professional clinical	75401
counselor, professional counselor, marriage and family therapist,	75402
independent marriage and family therapist, social worker, or	75403
independent social worker;	75404

(2) Initial licenses of professional clinical counselors,	75405
professional counselors, marriage and family therapists,	75406
independent marriage and family therapists, social workers, and	75407
independent social workers, except that the board shall charge	75408
only one fee to a person who fulfills all requirements for more	75409
than one of the following initial licenses: an initial license as	75410
a social worker or independent social worker, an initial license	75411
as a professional counselor or professional clinical counselor,	75412
and an initial license as a marriage and family therapist or	75413
independent marriage and family therapist;	75414

(3) Initial certificates of registration of social work	75415
assistants;	75416

(4) Renewal and late renewal of licenses of professional	75417
clinical counselors, professional counselors, marriage and family	75418
therapists, independent marriage and family therapists, social	75419
workers, and independent social workers and renewal and late	75420
renewal of certificates of registration of social work assistants;	75421

(5) Verification, to another jurisdiction, of a license or	75422
registration issued by the board;	75423

(6) Continuing education programs offered by the board to	75424
licensees or registrants;	75425

(7) Approval of continuing education programs;

75426

(8) Approval of continuing education providers to be	75427
authorized to offer continuing education programs without prior	75428
approval from the board for each program offered;	75429

(9) Issuance of a replacement copy of any wall certificate	75430
issued by the board.	75431

(B) The fees charged under division (A)(1) of this section	75432
shall be established in amounts sufficient to cover the direct	75433
expenses incurred in examining applicants for licensure. The fees	75434
charged under divisions (A)(2) to ~~(6)~~(9) of this section shall be	75435
nonrefundable and shall be established in amounts sufficient to	75436
cover the necessary expenses in administering this chapter and	75437
rules adopted under it that are not covered by fees charged under	75438
division (A)(1) or (C) of this section. The renewal fee for a	75439
license or certificate of registration shall not be less than the	75440
initial fee for that license or certificate. The fees charged for	75441
licensure and registration and the renewal of licensure and	75442
registration may differ for the various types of licensure and	75443
registration, but shall not exceed one hundred twenty-five dollars	75444
each, unless the board determines that amounts in excess of one	75445
hundred twenty-five dollars are needed to cover its necessary	75446
expenses in administering this chapter and rules adopted under it	75447
and the amounts in excess of one hundred twenty-five dollars are	75448
approved by the controlling board.	75449

(C) All receipts of the board shall be deposited in the state	75450
treasury to the credit of the occupational licensing and	75451
regulatory fund. All vouchers of the board shall be approved by	75452
the chairperson or executive director of the board, or both, as	75453
authorized by the board.	75454

Sec. 4781.01. As used in this chapter:

75455

(A) "Industrialized unit" has the same meaning as in division	75456
(C)(3) of section 3781.06 of the Revised Code.	75457

(B) "Installation" means any of the following:

75458

(1) The temporary or permanent construction of stabilization,	75459
support, and anchoring systems for manufactured housing;	75460

(2) The placement and erection of a manufactured housing unit	75461
or components of a unit on a structural support system;	75462

(3) The supporting, blocking, leveling, securing, anchoring,	75463
underpinning, or adjusting of any section or component of a	75464
manufactured housing unit;	75465

(4) The joining or connecting of all sections or components	75466
of a manufactured housing unit.	75467

(C) "Manufactured home" has the same meaning as in division	75468
(C)(4) of section 3781.06 of the Revised Code.	75469

(D) "Manufactured home park" ~~has the same meaning as in~~	75470
~~division (A) of section 3733.01 of the Revised Code~~means any	75471
tract of land upon which three or more manufactured or mobile	75472
homes used for habitation are parked, either free of charge or for	75473
revenue purposes, and includes any roadway, building, structure,	75474
vehicle, or enclosure used or intended for use as a part of the	75475
facilities of the park. "Manufactured home park" does not include	75476
any of the following:	75477

(1) A tract of land used solely for the storage or display	75478
for sale of manufactured or mobile homes or solely as a temporary	75479
park-camp as defined in section 3729.01 of the Revised Code;	75480

(2) A tract of land that is subdivided and the individual	75481
lots are for sale or sold for the purpose of installation of	75482
manufactured or mobile homes used for habitation and the roadways	75483
are dedicated to the local government authority;	75484

(3) A tract of land within an area that is subject to local	75485
zoning authority and subdivision requirements and is subdivided,	75486
and the individual lots are for sale or sold for the purpose of	75487
installation of manufactured or mobile homes for habitation.	75488

(E) "Manufactured housing" means manufactured homes and	75489
mobile homes.	75490

(F) "Manufactured housing installer" means an individual who	75491
installs manufactured housing.	75492

(G) "Mobile home" has the same meaning as in division (O) of	75493
section 4501.01 of the Revised Code.	75494

(H) "Model standards" means the federal manufactured home	75495
installation standards established pursuant to 42 U.S.C. 5404.	75496

(I) "Permanent foundation" has the same meaning as in	75497
division (C)(5) of section 3781.06 of the Revised Code.	75498

(J) "Business" includes any activities engaged in by any	75499
person for the object of gain, benefit, or advantage either direct	75500
or indirect.	75501

(K) "Casual sale" means any transfer of a manufactured home	75502
or mobile home by a person other than a manufactured housing	75503
dealer, manufactured housing salesperson, or manufacturer to an	75504
ultimate consumer or a person who purchases the home for use as a	75505
residence.	75506

(L) "Engaging in business" means commencing, conducting, or	75507
continuing in business, or liquidating a business when the	75508
liquidator thereof holds self out to be conducting such business;	75509
making a casual sale or otherwise making transfers in the ordinary	75510
course of business when the transfers are made in connection with	75511
the disposition of all or substantially all of the transferor's	75512
assets is not engaging in business.	75513

(M) "Manufactured home park operator" ~~has the same meaning as~~	75514
~~"operator" in section 3733.01 of the Revised Code~~or "park	75515
operator" means the person who has responsible charge of a	75516
manufactured home park and who is licensed under sections 4781.26	75517
to 4781.35 of the Revised Code.	75518

(N) "Manufactured housing broker" means any person acting as	75519
a selling agent on behalf of an owner of a manufactured home or	75520
mobile home that is subject to taxation under section 4503.06 of	75521
the Revised Code.	75522

(O) "Manufactured housing dealer" means any person engaged in	75523
the business of selling at retail, displaying, offering for sale,	75524
or dealing in manufactured homes or mobile homes.	75525

(P) "Manufacturer" means a person who manufacturers,	75526
assembles, or imports manufactured homes or mobile homes.	75527

(Q) "Retail sale" or "sale at retail" means the act or	75528
attempted act of selling, bartering, exchanging, or otherwise	75529
disposing of a manufactured home or mobile home to an ultimate	75530
purchaser for use as a residence.	75531

(R) "Salesperson" means any individual employed by a	75532
manufactured housing dealer or manufactured housing broker to	75533
sell, display, and offer for sale, or deal in manufactured homes	75534
or mobile homes for a commission, compensation, or other valuable	75535
consideration, but does not mean any public officer performing	75536
official duties.	75537

(S) "Ultimate purchaser" means, with respect to any new	75538
manufactured home, the first person, other than a manufactured	75539
housing dealer purchasing in the capacity of a manufactured	75540
housing dealer, who purchases such new manufactured home for	75541
purposes other than resale.	75542

(T) "Tenant" means a person who is entitled under a rental	75543
agreement with a manufactured home park operator to occupy a	75544
manufactured home park lot and who does not own the home occupying	75545
the lot.	75546

(U) "Owner" means a person who is entitled under a rental	75547
agreement with a manufactured home park operator to occupy a	75548
manufactured home park lot and who owns the home occupying the	75549
lot.	75550

(V) "Resident" means a person entitled under a rental	75551
agreement to the use and occupancy of residential premises to the	75552
exclusion of others. "Resident" includes both tenants and owners.	75553

(W) "Residential premises" means a lot located within a	75554
manufactured home park and the grounds, areas, and facilities	75555
contained within the manufactured home park for the use of	75556
residents generally or the use of which is promised to a resident.	75557

(X) "Rental agreement" means any agreement or lease, written	75558
or oral, that establishes or modifies the terms, conditions,	75559
rules, or any other provisions concerning the use and occupancy of	75560
residential premises by one of the parties.	75561

(Y) "Security deposit" means any deposit of money or property	75562
to secure performance by the resident under a rental agreement.	75563

(Z) "Development" means any artificial change to improved or	75564
unimproved real estate, including, without limitation, buildings	75565
or structures, dredging, filling, grading, paving, excavation or	75566
drilling operations, or storage of equipment or materials, and the	75567
construction, expansion, or substantial alteration of a	75568
manufactured home park, for which plan review is required under	75569
division (A) of section 4781.31 of the Revised Code. "Development"	75570
does not include the building, construction, erection, or	75571
manufacture of any building to which section 3781.06 of the	75572
Revised Code is applicable.	75573

(AA) "Flood" or "flooding" means either of the following:

75574

(1) A general and temporary condition of partial or complete	75575
inundation of normally dry land areas from any of the following:	75576

(a) The overflow of inland or tidal waters;

75577

(b) The unusual and rapid accumulation or runoff of surface	75578
waters from any source;	75579

(c) Mudslides that are proximately caused by flooding as	75580
defined in division (AA)(1)(b) of this section and that are akin	75581
to a river of liquid and flowing mud on the surface of normally	75582
dry land areas, as when earth is carried by a current of water and	75583
deposited along the path of the current.	75584

(2) The collapse or subsidence of land along the shore of a	75585
lake or other body of water as a result of erosion or undermining	75586
that is caused by waves or currents of water exceeding anticipated	75587
cyclical levels or that is suddenly caused by an unusually high	75588
water level in a natural body of water, and that is accompanied by	75589
a severe storm, by an unanticipated force of nature, such as a	75590
flash flood, by an abnormal tidal surge, or by some similarly	75591
unusual and unforeseeable event, that results in flooding as	75592
defined in division (AA)(1)(a) of this section.	75593

(BB) "Flood plain" means the area adjoining any river,	75594
stream, watercourse, or lake that has been or may be covered by	75595
flood water.	75596

(CC) "One-hundred-year flood" means a flood having a one per	75597
cent chance of being equaled or exceeded in any given year.	75598

(DD) "One-hundred-year flood plain" means that portion of a	75599
flood plain inundated by a one-hundred-year flood.	75600

(EE) "Person" has the same meaning as in section 1.59 of the	75601
Revised Code and also includes this state, any political	75602
subdivision of this state, and any other state or local body of	75603
this state.	75604

(FF) "Substantial damage" means damage of any origin	75605
sustained by a manufactured or mobile home that is situated in a	75606
manufactured home park located in a flood plain when the cost of	75607
restoring the home to its condition before the damage occurred	75608
will equal or exceed fifty per cent of the market value of the	75609
home before the damage occurred.	75610

(GG) "Substantially alter" means a change in the layout or	75611
design of a manufactured home park, including, without limitation,	75612
the movement of utilities or changes in established streets, lots,	75613
or sites or in other facilities. In the case of manufactured home	75614
parks located within a one-hundred-year flood plain,	75615
"substantially alter" also includes changes in elevation resulting	75616
from the addition of fill, grading, or excavation that may affect	75617
flood plain management.	75618

(HH) "Tract" means a contiguous area of land that consists of	75619
one or more parcels, lots, or sites that have been separately	75620
surveyed regardless of whether the individual parcels, lots, or	75621
sites have been recorded and regardless of whether the one or more	75622
parcels, lots, or sites are under common or different ownership.	75623

Sec. 4781.02. (A) There is hereby created the manufactured	75624
homes commission which consists of nine members, with three	75625
members appointed by the governor, three members appointed by the	75626
president of the senate, and three members appointed by the	75627
speaker of the house of representatives.	75628

(B)(1) Commission members shall be residents of this state,	75629
except for members appointed pursuant to divisions (B)(3)(b) and	75630
(B)(4)(a) of this section. Members shall be selected from a list	75631
of persons the Ohio manufactured homes association, or any	75632
successor entity, recommends, except for appointments made	75633
pursuant to division (B)(2) of this section.	75634

(2) The governor shall appoint the following members:

75635

(a) One member to represent the board of building standards,	75636
who may be a member of the board or a board employee not in the	75637
classified civil service, with an initial term ending December 31,	75638
2007;	75639

(b) One member ~~to represent the department of health, who may~~	75640
~~be a department employee not in the classified civil service, with~~	75641
~~an initial term ending December 31, 2005~~who is registered as a	75642
sanitarian in accordance with Chapter 4736. of the Revised Code,	75643
has experience with the regulation of manufactured homes, and is	75644
an employee of a health district described in section 3709.01 of	75645
the Revised Code;	75646

(c) One member whose primary residence is a manufactured	75647
home, with an initial term ending December 31, 2006.	75648

(3) The president of the senate shall appoint the following	75649
members:	75650

(a) Two members who are manufactured housing installers who	75651
have been actively engaged in the installation of manufactured	75652
housing for the five years immediately prior to appointment, with	75653
the initial term of one installer ending December 31, 2007, and	75654
the initial term of the other installer ending December 31, 2005.	75655

(b) One member who manufactures manufactured homes in this	75656
state or who manufactures manufactured homes in another state and	75657
ships homes into this state, to represent manufactured home	75658
manufacturers, with an initial term ending December 31, 2006.	75659

(4) The speaker of the house of representatives shall appoint	75660
the following members:	75661

(a) One member who operates a manufactured or mobile home	75662
retail business in this state to represent manufactured housing	75663
dealers, with an initial term ending December 31, 2007;	75664

(b) One member who is a manufactured home park operator or is	75665
employed by an operator, with an initial term ending December 31,	75666
2005;	75667

(c) One member to represent the Ohio manufactured home	75668
association, or any successor entity, who may be the president or	75669
executive director of the association or the successor entity,	75670
with an initial term ending December 31, 2006.	75671

(C)(1) After the initial term, each term of office is for	75672
four years ending on the thirty-first day of December. A member	75673
holds office from the date of appointment until the end of the	75674
term. No member may serve more than two consecutive four-year	75675
terms.	75676

(2) Any member appointed to fill a vacancy that occurs prior	75677
to the expiration of a term continues in office for the remainder	75678
of that term. Any member continues in office subsequent to the	75679
expiration date of the term until the member's successor takes	75680
office or until sixty days have elapsed, which ever occurs first.	75681

(3) A vacancy on the commission does not impair the authority	75682
of the remaining members to exercise all of the commission's	75683
powers.	75684

(D)(1) The governor may remove any member from office for	75685
incompetence, neglect of duty, misfeasance, nonfeasance,	75686
malfeasance, or unprofessional conduct in office.	75687

(2) Vacancies shall be filled in the manner of the original	75688
appointment.	75689

Sec. 4781.04. (A) The manufactured homes commission shall	75690
adopt rules pursuant to Chapter 119. of the Revised Code to do all	75691
of the following:	75692

(1) Establish uniform standards that govern the installation	75693
of manufactured housing. Not later than one hundred eighty days	75694
after the secretary of the United States department of housing and	75695
urban development adopts model standards for the installation of	75696
manufactured housing or amends those standards, the commission	75697
shall amend its standards as necessary to be consistent with, and	75698
not less stringent than, the model standards for the design and	75699
installation of manufactured housing the secretary adopts or any	75700
manufacturers' standards that the secretary determines are equal	75701
to or not less stringent than the model standards.	75702

(2) Govern the inspection of the installation of manufactured	75703
housing. The rules shall specify that the commission, any building	75704
department or personnel of any department, ~~any licensor or~~	75705
~~personnel of any licensor,~~ or any private third party, certified	75706
pursuant to section 4781.07 of the Revised Code shall conduct all	75707
inspections of the installation of manufactured housing located in	75708
manufactured home parks to determine compliance with the uniform	75709
installation standards the commission establishes pursuant to this	75710
section.	75711

~~As used in division (A)(2) of this section, "licensor" has~~	75712
~~the same meaning as in section 3733.01 of the Revised Code.~~	75713

(3) Govern the design, construction, installation, approval,	75714
and inspection of foundations and the base support systems for	75715
manufactured housing. The rules shall specify that the commission,	75716
any building department or personnel of any department, ~~any~~	75717
~~licensor or personnel of any licensor,~~ or any private third party,	75718
certified pursuant to section 4781.07 of the Revised Code shall	75719
conduct all inspections of the installation, foundations, and base	75720
support systems of manufactured housing located in manufactured	75721
home parks to determine compliance with the uniform installation	75722
standards and foundation and base support system design the	75723
commission establishes pursuant to this section.	75724

~~As used in division (A)(3) of this section, "licensor" has~~	75725
~~the same meaning as in section 3733.01 of the Revised Code.~~	75726

(4) Govern the training, experience, and education	75727
requirements for manufactured housing installers, manufactured	75728
housing dealers, manufactured housing brokers, and manufactured	75729
housing salespersons;	75730

(5) Establish a code of ethics for manufactured housing	75731
installers;	75732

(6) Govern the issuance, revocation, and suspension of	75733
licenses to manufactured housing installers;	75734

(7) Establish fees for the issuance and renewal of licenses,	75735
for conducting inspections to determine an applicant's compliance	75736
with this chapter and the rules adopted pursuant to it, and for	75737
the commission's expenses incurred in implementing this chapter;	75738

(8) Establish conditions under which a licensee may enter	75739
into contracts to fulfill the licensee's responsibilities;	75740

(9) Govern the investigation of complaints concerning any	75741
violation of this chapter or the rules adopted pursuant to it or	75742
complaints involving the conduct of any licensed manufactured	75743
housing installer or person installing manufactured housing	75744
without a license, licensed manufactured housing dealer, licensed	75745
manufactured housing broker, or manufactured housing salesperson;	75746

(10) Establish a dispute resolution program for the timely	75747
resolution of warranty issues involving new manufactured homes,	75748
disputes regarding responsibility for the correction or repair of	75749
defects in manufactured housing, and the installation of	75750
manufactured housing. The rules shall provide for the timely	75751
resolution of disputes between manufacturers, manufactured housing	75752
dealers, and installers regarding the correction or repair of	75753
defects in manufactured housing that are reported by the purchaser	75754
of the home during the one-year period beginning on the date of	75755
installation of the home. The rules also shall provide that	75756
decisions made regarding the dispute under the program are not	75757
binding upon the purchaser of the home or the other parties	75758
involved in the dispute unless the purchaser so agrees in a	75759
written acknowledgement that the purchaser signs and delivers to	75760
the program within ten business days after the decision is issued.	75761

(11) Establish the requirements and procedures for the	75762
certification of building departments and building department	75763
personnel pursuant to section 4781.07 of the Revised Code;	75764

(12) Establish fees to be charged to building departments and	75765
building department personnel applying for certification and	75766
renewal of certification pursuant to section 4781.07 of the	75767
Revised Code;	75768

(13) Develop a policy regarding the maintenance of records	75769
for any inspection authorized or conducted pursuant to this	75770
chapter. Any record maintained under division (A)(13) of this	75771
section shall be a public record under section 149.43 of the	75772
Revised Code.	75773

(14) Carry out any other provision of this chapter.

75774

(B) The manufactured homes commission shall do all of the	75775
following:	75776

(1) Prepare and administer a licensure examination to	75777
determine an applicant's knowledge of manufactured housing	75778
installation and other aspects of installation the commission	75779
determines appropriate;	75780

(2) Select, provide, or procure appropriate examination	75781
questions and answers for the licensure examination and establish	75782
the criteria for successful completion of the examination;	75783

(3) Prepare and distribute any application form this chapter	75784
requires;	75785

(4) Receive applications for licenses and renewal of licenses	75786
and issue licenses to qualified applicants;	75787

(5) Establish procedures for processing, approving, and	75788
disapproving applications for licensure;	75789

(6) Retain records of applications for licensure, including	75790
all application materials submitted and a written record of the	75791
action taken on each application;	75792

(7) Review the design and plans for manufactured housing	75793
installations, foundations, and support systems;	75794

(8) Inspect a sample of homes at a percentage the commission	75795
determines to evaluate the construction and installation of	75796
manufactured housing installations, foundations, and support	75797
systems to determine compliance with the standards the commission	75798
adopts;	75799

(9) Investigate complaints concerning violations of this	75800
chapter or the rules adopted pursuant to it, or the conduct of any	75801
manufactured housing installer, manufactured housing dealer,	75802
manufactured housing broker, or manufactured housing salesperson;	75803

(10) Determine appropriate disciplinary actions for	75804
violations of this chapter;	75805

(11) Conduct audits and inquiries of manufactured housing	75806
installers, manufactured housing dealers, and manufactured housing	75807
brokers as appropriate for the enforcement of this chapter. The	75808
commission, or any person the commission employs for the purpose,	75809
may review and audit the business records of any manufactured	75810
housing installer, dealer, or broker during normal business hours.	75811

(12) Approve an installation training course, which may be	75812
offered by the Ohio manufactured homes association or other	75813
entity;	75814

(13) Perform any function or duty necessary to administer	75815
this chapter and the rules adopted pursuant to it.	75816

(C) Nothing in this section shall be construed to limit the	75817
authority of a board of health to enforce section 3701.344 of the	75818
Revised Code or Chapters 3703., 3718., and 3781. of the Revised	75819
Code.	75820

Sec. 4781.07. (A) Pursuant to rules the manufactured homes	75821
commission adopts, the commission may certify municipal, township,	75822
and county building departments and the personnel of those	75823
departments, ~~licensors as defined in section 3733.01 of the~~	75824
~~Revised Code and the personnel of those licensors,~~ or any private	75825
third party, to exercise the commission's enforcement authority,	75826
accept and approve plans and specifications for foundations,	75827
support systems and installations, and inspect manufactured	75828
housing foundations, support systems, and manufactured housing	75829
installations. Any certification is effective for three years.	75830

(B) Following an investigation and finding of facts that	75831
support its action, the commission may revoke or suspend	75832
certification. The commission may initiate an investigation on its	75833
own motion or the petition of a person affected by the enforcement	75834
or approval of plans.	75835

Sec. 4781.09. (A) The manufactured homes commission may deny,	75836
suspend, revoke, or refuse to renew the license of any	75837
manufactured home installer for any of the following reasons:	75838

(1) Failure to satisfy the requirements of section 4781.08 or	75839
4781.10 of the Revised Code;	75840

(2) Violation of this chapter or any rule adopted pursuant to	75841
it;	75842

(3) Making a material misstatement in an application for a	75843
license;	75844

(4) Installing manufactured housing without a license or	75845
without being under the supervision of a licensed manufactured	75846
housing installer;	75847

(5) Failure to appear for a hearing before the commission or	75848
to comply with any final adjudication order of the commission	75849
issued pursuant to this chapter;	75850

(6) Conviction of a felony or a crime involving moral	75851
turpitude;	75852

(7) Having had a license revoked, suspended, or denied by the	75853
commission during the preceding two years;	75854

(8) Having had a license revoked, suspended, or denied by	75855
another state or jurisdiction during the preceding two years;	75856

(9) Engaging in conduct in another state or jurisdiction that	75857
would violate this chapter if committed in this state.	75858

(10) Failing to provide written notification of an	75859
installation pursuant to division (D) of section 4781.11 of the	75860
Revised Code to a county treasurer or county auditor.	75861

(B)(1) Any person whose license or license application is	75862
revoked, suspended, denied, or not renewed or upon whom a civil	75863
penalty is imposed ~~pursuant to division (C) of this section~~ may	75864
request an adjudication hearing on the matter within thirty days	75865
after receipt of the notice of the action. The hearing shall be	75866
held in accordance with Chapter 119. of the Revised Code.	75867

(2) Any licensee or applicant may appeal an order made	75868
pursuant to an adjudication hearing in the manner provided in	75869
section 119.12 of the Revised Code.	75870

(C) ~~As an alternative to suspending, revoking, or refusing to~~	75871
~~renew a manufactured housing installer's license, the commission~~	75872
~~may impose a civil penalty of not less than one hundred dollars or~~	75873
~~more than five hundred dollars per violation of this chapter or~~	75874
~~any rule adopted pursuant to it. The commission shall deposit~~	75875
~~penalties in the occupational licensing and regulatory fund~~	75876
~~pursuant to section 4743.05 of the Revised Code.~~	75877

~~(D)~~ A person whose license is suspended, revoked, or not	75878
renewed may apply for a new license two years after the date on	75879
which the license was suspended, revoked, or not renewed.	75880

Sec. 4781.121. (A) The manufactured homes commission,	75881
pursuant to section 4781.04 of the Revised Code, may investigate	75882
any person who allegedly has committed a violation. If, after an	75883
investigation the commission determines that reasonable evidence	75884
exists that a person has committed a violation, within seven days	75885
after that determination, the commission shall send a written	75886
notice to that person in the same manner as prescribed in section	75887
119.07 of the Revised Code for licensees, except that the notice	75888
shall specify that a hearing will be held and specify the date,	75889
time, and place of the hearing.	75890

(B) The commission shall hold a hearing regarding the alleged	75891
violation in the same manner prescribed for an adjudication	75892
hearing under section 119.09 of the Revised Code. If the	75893
commission, after the hearing, determines that a violation has	75894
occurred, the commission, upon an affirmative vote of five of its	75895
members, may impose a fine not exceeding one thousand dollars per	75896
violation per day. The commission's determination is an order that	75897
the person may appeal in accordance with section 119.12 of the	75898
Revised Code.	75899

(C) If the person who allegedly committed a violation fails	75900
to appear for a hearing, the commission may request the court of	75901
common pleas of the county where the alleged violation occurred to	75902
compel the person to appear before the commission for a hearing.	75903

(D) If the commission assesses a person a civil penalty for a	75904
violation and the person fails to pay that civil penalty within	75905
the time period prescribed by the commission pursuant to section	75906
131.02 of the Revised Code, the commission shall forward to the	75907
attorney general the name of the person and the amount of the	75908
civil penalty for the purpose of collecting that civil penalty. In	75909
addition to the civil penalty assessed pursuant to this section,	75910
the person also shall pay any fee assessed by the attorney general	75911
for collection of the civil penalty.	75912

(E) The authority provided to the commission pursuant to this	75913
section, and any fine imposed under this section, shall be in	75914
addition to, and not in lieu of, all penalties and other remedies	75915
provided in this chapter. Any fines collected pursuant to this	75916
section shall be used solely to administer and enforce this	75917
chapter and rules adopted under it. Any fees collected pursuant to	75918
this section shall be transmitted to the treasurer of state and	75919
shall be credited to the manufactured homes commission regulatory	75920
fund created in section 4781.54 of the Revised Code; the fees	75921
shall be used only for the purpose of administering and enforcing	75922
sections 4781.26 to 4781.35 of the Revised Code and the rules	75923
adopted thereunder.	75924

(F) As used in this section, "violation" means a violation of	75925
section 4781.11, 4781.16, or 4781.27, or any rule adopted pursuant	75926
to section 4781.04, of the Revised Code.	75927

Sec. 4781.14. (A) ~~Except as provided in division (A)(3) of~~	75928
~~section 3733.02 of the Revised Code, the state, through the~~The	75929
manufactured homes commission, has exclusive authority to regulate	75930
manufactured home installers, the installation of manufactured	75931
housing, and manufactured housing foundations and support systems	75932
in ~~the~~this state. By enacting this chapter, it is the intent of	75933
the general assembly to preempt municipal corporations and other	75934
political subdivisions from regulating and licensing manufactured	75935
housing installers and regulating and inspecting the installation	75936
of manufactured housing and manufactured housing foundations and	75937
support systems.	75938

(B) ~~Except as provided in division (A)(3) of section 3733.02~~	75939
~~of the Revised Code, the~~The manufactured homes commission has	75940
exclusive power to adopt rules of uniform application throughout	75941
the state governing installation of manufactured housing, the	75942
inspection of manufactured housing foundations and support	75943
systems, the inspection of the installation of manufactured	75944
housing, the training and licensing of manufactured housing	75945
installers, and the investigation of complaints concerning	75946
manufactured housing installers.	75947

(C) ~~Except as provided in division (A)(3) of section 3733.02~~	75948
~~of the Revised Code, the~~The rules the commission adopts pursuant	75949
to this chapter are the exclusive rules governing the installation	75950
of manufactured housing, the design, construction, and approval of	75951
foundations for manufactured housing, the licensure of	75952
manufactured home installers, and the fees charged for licensure	75953
of manufactured home installers. No political subdivision of the	75954
state or any department or agency of the state may establish any	75955
other standards governing the installation of manufactured	75956
housing, manufactured housing foundations and support systems, the	75957
licensure of manufactured housing installers, or fees charged for	75958
the licensure of manufactured housing installers.	75959

(D) Nothing in this section limits the authority of the	75960
attorney general to enforce Chapter 1345. of the Revised Code or	75961
to take any action permitted by the Revised Code against	75962
manufactured housing installers, retailers, or manufacturers.	75963

Sec. 4781.15. The remedies provided in ~~sections 4781.01 to~~	75964
~~4781.14 of the Revised Code~~this chapter are in addition to	75965
remedies otherwise available for the same conduct under state or	75966
local law.	75967

~~Sec. 3733.02.~~ Sec. 4781.26. (A)~~(1)~~ The ~~public health council~~	75968
manufactured homes commission, subject to Chapter 119. of the	75969
Revised Code, shall adopt, and has the exclusive power to adopt,	75970
rules of uniform application throughout the state governing the	75971
review of plans, issuance of flood plain management permits, and	75972
issuance of licenses for manufactured home parks; the location,	75973
layout, density, construction, drainage, sanitation, safety, and	75974
operation of those parks; and notices of flood events concerning,	75975
and flood protection at, those parks. The rules pertaining to	75976
flood plain management shall be consistent with and not less	75977
stringent than the flood plain management criteria of the national	75978
flood insurance program adopted under the "National Flood	75979
Insurance Act of 1968," 82 Stat. 572, 42 U.S.C.A. 4001, as	75980
amended. The rules shall not apply to the construction, erection,	75981
or manufacture of any building to which section 3781.06 of the	75982
Revised Code is applicable.	75983

~~(2)~~(B) The rules pertaining to manufactured home parks	75984
constructed after June 30, 1971, shall specify that each home must	75985
be placed on its lot to provide not less than fifteen feet between	75986
the side of one home and the side of another home, ten feet	75987
between the end of one home and the side of another home, and five	75988
feet between the ends of two homes placed end to end.	75989

~~(3)~~(C) The manufactured homes commission shall determine	75990
compliance with the installation, blocking, tiedown, foundation,	75991
and base support system standards for manufactured housing located	75992
in manufactured home parks adopted by the commission pursuant to	75993
section 4781.04 of the Revised Code. All inspections of the	75994
installation, blocking, tiedown, foundation, and base support	75995
systems of manufactured housing in a manufactured home park that	75996
the ~~department of health or a licensor~~commission conducts shall	75997
be conducted by a person ~~who has completed an installation~~	75998
~~training course approved by~~ the manufactured homes commission	75999
certifies pursuant to ~~division (B)(12) of~~ section ~~4781.04~~4781.07	76000
of the Revised Code.	76001

~~As used in division (A)(3) of this section, "manufactured~~	76002
~~housing" has the same meaning as in section 4781.01 of the Revised~~	76003
~~Code.~~	76004

~~(B) The public health council, in accordance with Chapter~~	76005
~~119. of the Revised Code, shall adopt rules of uniform application~~	76006
~~throughout the state establishing requirements and procedures in~~	76007
~~accordance with which the director of health may authorize~~	76008
~~licensors for the purposes of sections 3733.022 and 3733.025 of~~	76009
~~the Revised Code. The rules shall include at least provisions~~	76010
~~under which a licensor may enter into contracts for the purpose of~~	76011
~~fulfilling the licensor's responsibilities under either or both of~~	76012
~~those sections.~~	76013

(D) The manufactured homes commission may enter into	76014
contracts for the purpose of fulfilling the commission's annual	76015
inspection responsibilities for manufactured home parks under this	76016
chapter. Boards of health of city or general health districts	76017
shall have the right of first refusal for those contracts.	76018

~~Sec. 3733.03.~~ Sec. 4781.27. (A)(1) On or after the first day of	76019
December, but before the first day of January of the next year,	76020
every person who intends to operate a manufactured home park shall	76021
procure a license to operate the park for the next year from the	76022
~~licensor~~manufactured homes commission. If the applicable license	76023
fee prescribed under section ~~3733.04~~4781.28 of the Revised Code	76024
is not received by the ~~licensor~~commission by the close of	76025
business on the last day of December, the applicant for the	76026
license shall pay a penalty equal to twenty-five per cent of the	76027
applicable license fee. The penalty shall accompany the license	76028
fee. If the last day of December is not a business day, the	76029
penalty attaches upon the close of business on the next business	76030
day.	76031

(2) No manufactured home park shall be maintained or operated	76032
in this state without a license.	76033

(3) No person who has received a license, upon the sale or	76034
disposition of the manufactured home park, may have the license	76035
transferred to the new operator. A person shall obtain a separate	76036
license to operate each manufactured home park.	76037

(B) Before a license is initially issued and annually	76038
thereafter, or more often if necessary, the ~~licensor~~commission	76039
shall cause each manufactured home park to be inspected ~~relative~~	76040
tofor compliance with sections ~~3733.01~~4781.26 to ~~3733.08~~4781.35	76041
of the Revised Code and the rules adopted under those sections. A	76042
record shall be made of each inspection on a form prescribed by	76043
the ~~director of health~~commission.	76044

(C) Each person applying for an initial license to operate a	76045
manufactured home park shall provide acceptable proof to the	76046
~~director~~ commission that adequate fire protection will be	76047
provided and that applicable fire codes will be adhered to in the	76048
construction and operation of the park.	76049

~~Sec. 3733.04.~~ Sec. 4781.28. The ~~licensor of a manufactured home~~	76050
~~park~~manufactured homes commission may charge a fee for an annual	76051
license to operate ~~such~~ a manufactured home park. The fee for a	76052
license shall be determined in accordance with section ~~3709.09~~	76053
4781.26 of the Revised Code and shall include the cost of	76054
licensing and all inspections.	76055

~~The fee also shall include any additional amount determined~~	76056
~~by rule of the public health council, which shall be collected and~~	76057
~~transmitted by the board of health to the director of health~~	76058
~~pursuant to section 3709.092 of the Revised Code and used only for~~	76059
~~the purpose of administering and enforcing sections 3733.01 to~~	76060
~~3733.08 of the Revised Code and the rules adopted under those~~	76061
~~sections. The portion of any fee retained by the board of health~~	76062
Any fees collected shall be ~~paid into a special fund~~transmitted	76063
to the treasurer of state and shall be credited to the	76064
manufactured homes commission regulatory fund created in section	76065
4781.54 of the Revised Code and used only for the purpose of	76066
administering and enforcing sections ~~3733.01~~4781.26 to ~~3733.08~~	76067
4781.35 of the Revised Code and the rules adopted thereunder.	76068

~~Sec. 3733.05.~~ Sec. 4781.29. The ~~licensor of the health district in~~	76069
~~which a manufactured home park is or is to be located, in~~	76070
~~accordance with Chapter 119. of the Revised Code,~~manufactured	76071
homes commission may refuse to grant, may suspend, or may revoke	76072
any license granted to any person for failure to comply with	76073
sections ~~3733.01~~4781.26 to ~~3733.08~~4781.35 of the Revised Code or	76074
with any rule adopted ~~by the public health council~~ under section	76075
~~3733.02~~4781.26 of the Revised Code.	76076

~~Sec. 3733.06.~~ Sec. 4781.30. (A) Upon a license being issued under	76077
sections ~~3733.03~~4781.27 to ~~3733.05~~4781.29 of the Revised Code,	76078
any operator shall have the right to rent or use each lot for the	76079
parking or placement of a manufactured home or mobile home to be	76080
used for human habitation without interruption for any period	76081
coextensive with any license or consecutive licenses issued under	76082
sections ~~3733.03~~4781.27 to ~~3733.05~~4781.29 of the Revised Code.	76083

(B) No operator of a manufactured home park shall sell	76084
individual lots in a park for eight years following the issuance	76085
of the initial license for the park unless, at the time of sale,	76086
the park fulfills all platting and subdivision requirements	76087
established by the political subdivision in which the park is	76088
located, or the political subdivision has entered into an	76089
agreement with the operator regarding platting and subdivision	76090
requirements and the operator has fulfilled the terms of that	76091
agreement.	76092

~~Sec. 3733.021.~~ Sec. 4781.31. (A) No person shall cause development	76093
to occur within any portion of a manufactured home park until the	76094
plans for the development have been submitted to and reviewed and	76095
approved by the ~~director of health~~manufactured homes commission.	76096
This division does not require that plans be submitted to the	76097
~~director~~commission for approval for the replacement of	76098
manufactured or mobile homes on previously approved lots in a	76099
manufactured home park when no development is to occur in	76100
connection with the replacement. Within thirty days after receipt	76101
of the plans, all supporting documents and materials required to	76102
complete the review, and the applicable plan review fee	76103
established under division (D) of this section, the ~~director~~	76104
commission shall approve or disapprove the plans.	76105

(B) Any person aggrieved by the ~~director's~~commission's	76106
disapproval of a set of plans under division (A) of this section	76107
may request a hearing on the matter within thirty days after	76108
receipt of the ~~director's~~commission's notice of the disapproval.	76109
The hearing shall be held in accordance with Chapter 119. of the	76110
Revised Code. Thereafter, the disapproval may be appealed in the	76111
manner provided in section 119.12 of the Revised Code.	76112

(C) The ~~director~~commission shall establish a system by which	76113
development occurring within a manufactured home park is inspected	76114
or verified in accordance with rules adopted under ~~division (A) of~~	76115
section ~~3733.02~~4781.26 of the Revised Code to ensure that the	76116
development complies with the plans approved under division (A) of	76117
this section.	76118

(D) The ~~public health council~~commission shall establish fees	76119
for reviewing plans under division (A) of this section and	76120
conducting inspections under division (C) of this section.	76121

(E) The ~~director~~commission shall charge the appropriate fees	76122
established under division (D) of this section for reviewing plans	76123
under division (A) of this section and conducting inspections	76124
under division (C) of this section. All such plan review and	76125
inspection fees received by the ~~director~~commission shall be	76126
transmitted to the treasurer of state and shall be credited to the	76127
~~general operations~~occupational licensing and regulatory fund	76128
created in section ~~3701.83~~4743.05 of the Revised Code. Moneys so	76129
credited to the fund shall be used only for the purpose of	76130
administering and enforcing sections ~~3733.01~~4781.26 to ~~3733.08~~	76131
4781.35 of the Revised Code and rules adopted under those	76132
sections.	76133

(F) Plan approvals issued under this section do not	76134
constitute an exemption from the land use and building	76135
requirements of the political subdivision in which the	76136
manufactured home park is or is to be located.	76137

~~Sec. 3733.022.~~ Sec. 4781.32. (A) No person shall cause development	76138
to occur or cause the replacement of a mobile or manufactured home	76139
within any portion of a manufactured home park that is located	76140
within a one-hundred-year flood plain unless the person first	76141
obtains a permit from the ~~director of health or a licensor~~	76142
~~authorized by the director~~manufactured homes commission. If the	76143
development for which a permit is required under this division is	76144
to occur on a lot where a mobile or manufactured home is or is to	76145
be located, the owner of the home and the operator of the	76146
manufactured home park shall jointly obtain the permit. Each of	76147
the persons to whom a permit is jointly issued is responsible for	76148
compliance with the provisions of the approved permit that are	76149
applicable to that person.	76150

The ~~director or a licensor authorized by the director~~	76151
commission shall disapprove an application for a permit required	76152
under this division unless the ~~director or the licensor~~commission	76153
finds that the proposed development or replacement of a mobile or	76154
manufactured home complies with the rules adopted under ~~division~~	76155
~~(A) of~~ section ~~3733.02~~4781.26 of the Revised Code. No permit is	76156
required under this division for the construction, erection, or	76157
manufacture of any building to which section 3781.06 of the	76158
Revised Code applies.	76159

The ~~director or a licensor authorized by the director~~	76160
commission may suspend or revoke a permit issued under this	76161
division for failure to comply with the rules adopted under	76162
~~division (A) of~~ section ~~3733.02~~4781.26 of the Revised Code	76163
pertaining to flood plain management or for failure to comply with	76164
the approved permit.	76165

Any person aggrieved by the disapproval, suspension, or	76166
revocation of a permit under this division by the ~~director or by a~~	76167
~~licensor authorized by the director~~commission may request a	76168
hearing on the matter within thirty days after receipt of the	76169
notice of the disapproval, suspension, or revocation. The hearing	76170
shall be held in accordance with Chapter 119. of the Revised Code.	76171
Thereafter, an appeal of the disapproval, suspension, or	76172
revocation may be taken in the manner provided in section 119.12	76173
of the Revised Code.	76174

(B) The ~~public health council~~commission shall establish fees	76175
for the issuance of permits under division (A) of this section and	76176
for necessary inspections conducted to determine compliance with	76177
those permits.	76178

(C) The ~~director or a licensor authorized by the director~~	76179
commission shall charge the appropriate fee established under	76180
division (B) of this section for the issuance of a permit under	76181
division (A) of this section or for conducting any necessary	76182
inspection to determine compliance with the permit. If the	76183
~~director~~commission issues such a permit or conducts such an	76184
inspection, the fee for the permit or inspection shall be	76185
transmitted to the treasurer of state and shall be credited to the	76186
~~general operations~~occupational licensing and regulatory fund	76187
created in section ~~3701.83~~4743.05 of the Revised Code. Moneys so	76188
credited to the fund shall be used ~~by the director~~ only for the	76189
purpose of administering and enforcing sections ~~3733.01~~4781.26 to	76190
~~3733.08~~4781.35 of the Revised Code and rules adopted under those	76191
sections. ~~If the licensor is a board of health, the permit or~~	76192
~~inspection fee shall be deposited to the credit of the special~~	76193
~~fund of the health district created in section 3733.04 of the~~	76194
~~Revised Code and shall be used only for the purpose set forth in~~	76195
~~that section.~~	76196

~~Sec. 3733.024.~~ Sec. 4781.33. ~~(A)~~ When a flood event affects a	76197
manufactured home park, the operator of the manufactured home	76198
park, in accordance with rules adopted under ~~division (A) of~~	76199
section ~~3733.02~~4781.26 of the Revised Code, shall notify the	76200
~~licensor having jurisdiction of the occurrence of~~manufactured	76201
homes commission and the board of health having jurisdiction where	76202
the flood event occurred within forty-eight hours after the end of	76203
the flood event. The commission, after receiving notification,	76204
shall immediately notify the board of health.	76205

~~No person shall fail to comply with this division.~~

76206

~~(B) The licensor having jurisdiction where a flood event~~	76207
~~occurred that affected a manufactured home park shall notify the~~	76208
~~director of health of the occurrence of the flood event within~~	76209
~~twenty-four hours after being notified of the flood event under~~	76210
~~division (A) of this section. Within forty-eight hours after~~After	76211
being notified of such a flood event ~~by a licensor~~, the ~~director~~	76212
board of health shall cause an inspection to be made of the	76213
manufactured home park named in the notice. The board of health	76214
shall issue a report of the inspection to the commission within	76215
ten days after the inspection is completed.	76216

~~Sec. 3733.025.~~ Sec. 4781.34. (A) If a mobile or manufactured home	76217
that is located in a flood plain is substantially damaged, the	76218
owner of the home shall make all alterations, repairs, or changes	76219
to the home, and the operator of the manufactured home park shall	76220
make all alterations, repairs, or changes to the lot on which the	76221
home is located, that are necessary to ensure compliance with the	76222
flood plain management rules adopted under ~~division (A) of~~ section	76223
~~3733.02~~4781.26 of the Revised Code. Such alterations, repairs, or	76224
changes may include, without limitation, removal of the home or	76225
other structures.	76226

No person shall fail to comply with this division.

76227

(B) No person shall cause to be performed any alteration,	76228
repair, or change required by division (A) of this section unless	76229
the person first obtains a permit from the ~~director of health or a~~	76230
~~licensor authorized by the director~~manufactured homes commission.	76231
~~The owner of the home and the operator of the manufactured home~~	76232
~~park shall jointly obtain the permit required by this division.~~	76233
~~Each of the persons to whom a permit is jointly issued is~~	76234
~~responsible for compliance with the provisions of the approved~~	76235
~~permit that are applicable to that person.~~	76236

The ~~director or a licensor authorized by the director~~	76237
commission shall disapprove an application for a permit required	76238
under this division unless the ~~director or the licensor~~commission	76239
finds that the proposed alteration, repair, or change complies	76240
with the rules adopted under ~~division (A) of~~ section ~~3733.02~~	76241
4781.26 of the Revised Code. No permit is required under this	76242
division for the construction, erection, or manufacture of any	76243
building to which section 3781.06 of the Revised Code applies.	76244

The ~~director or a licensor authorized by the director~~	76245
commission may suspend or revoke a permit issued under this	76246
division for failure to comply with the rules adopted under	76247
~~division (A) of~~ section ~~3733.02~~4781.26 of the Revised Code	76248
pertaining to flood plain management or for failure to comply with	76249
the approved permit for making alterations, repairs, or changes to	76250
the lot on which the manufactured home is located.	76251

Any person aggrieved by the disapproval, suspension, or	76252
revocation of a permit under this division by the ~~director or by a~~	76253
~~licensor authorized by the director~~commission may request a	76254
hearing on the matter within thirty days after receipt of the	76255
notice of the disapproval, suspension, or revocation. The hearing	76256
shall be held in accordance with Chapter 119. of the Revised Code.	76257
Thereafter, an appeal of the disapproval, suspension, or	76258
revocation may be taken in the manner provided in section 119.12	76259
of the Revised Code and for necessary inspections conducted to	76260
determine compliance with those permits.	76261

(C) The ~~public health council~~commission shall establish fees	76262
for the issuance of permits under division (B) of this section and	76263
for necessary inspections conducted to determine compliance with	76264
those permits for making alterations, repairs, or changes to the	76265
lot on which the manufactured home is located.	76266

(D) The ~~director or a licensor authorized by the director~~	76267
commission shall charge the appropriate fee established under	76268
division (C) of this section for the issuance of a permit under	76269
division (B) of this section or for conducting any necessary	76270
inspection to determine compliance with the permit. If the	76271
~~director~~commission issues such a permit or conducts such an	76272
inspection, the fee for the permit or inspection shall be	76273
transmitted to the treasurer of state and shall be credited to the	76274
~~general operations~~occupational licensing and regulatory fund	76275
created in section ~~3701.83~~4743.05 of the Revised Code. Moneys so	76276
credited to the fund shall be used ~~by the director~~ only for the	76277
purpose of administering and enforcing sections ~~3733.01~~4781.26 to	76278
~~3733.08~~4781.35 of the Revised Code and rules adopted under those	76279
sections. ~~If the licensor is a board of health, the permit or~~	76280
~~inspection fee shall be deposited to the credit of the special~~	76281
~~fund of the health district created in section 3733.04 of the~~	76282
~~Revised Code and shall be used only for the purpose set forth in~~	76283
~~that section.~~	76284

~~Sec. 3733.08.~~ Sec. 4781.35. (A) No person shall violate sections	76285
~~3733.01~~4781.26 to ~~3733.08~~4781.35 of the Revised Code or the	76286
rules adopted thereunder.	76287

(B) The prosecuting attorney of the county, the city director	76288
of law, or the attorney general, upon complaint of the ~~licensor or~~	76289
~~the director of health~~manufactured homes commission, shall	76290
prosecute to termination or bring an action for injunction against	76291
any person violating sections ~~3733.01~~4781.26 to ~~3733.08~~4781.35	76292
of the Revised Code or the rules adopted thereunder.	76293

~~Sec. 3733.09.~~ Sec. 4781.36. (A) Subject to section ~~3733.091~~	76294
4781.37 of the Revised Code, a park operator shall not retaliate	76295
against a resident by increasing the resident's rent, decreasing	76296
services that are due to the resident, refusing to renew or	76297
threatening to refuse to renew the rental agreement with the	76298
resident, or bringing or threatening to bring an action for	76299
possession of the resident's premises because:	76300

(1) The resident has complained to an appropriate	76301
governmental agency of a violation of a building, housing, health,	76302
or safety code that is applicable to the premises, and the	76303
violation materially affects health and safety;	76304

(2) The resident has complained to the park operator of any	76305
violation of section ~~3733.10~~4781.38 of the Revised Code;	76306

(3) The resident joined with other residents for the purpose	76307
of negotiating or dealing collectively with the park operator on	76308
any of the terms and conditions of a rental agreement.	76309

(B) If a park operator acts in violation of division (A) of	76310
this section, the resident may:	76311

(1) Use the retaliatory action of the park operator as a	76312
defense to an action by the park operator to recover possession of	76313
the premises;	76314

(2) Recover possession of the premises;

76315

(3) Terminate the rental agreement.

76316

In addition, the resident may recover from the park operator	76317
any actual damages together with reasonable attorneys fees.	76318

(C) Nothing in division (A) of this section prohibits a park	76319
operator from increasing the rent to reflect the cost of	76320
improvements installed by the park operator in or about the	76321
premises or to reflect an increase in other costs of operation of	76322
the premises.	76323

~~Sec. 3733.091.~~ Sec. 4781.37. (A) Notwithstanding section ~~3733.09~~	76324
4781.36 of the Revised Code, a park operator may bring an action	76325
under Chapter 1923. of the Revised Code for possession of the	76326
premises if any of the following applies:	76327

(1) The resident is in default in the payment of rent.

76328

(2) The violation of the applicable building, housing,	76329
health, or safety code that the resident complained of was	76330
primarily caused by any act or lack of reasonable care by the	76331
resident, by any other person in the resident's household, or by	76332
anyone on the premises with the consent of the resident.	76333

(3) The resident is holding over the resident's term.

76334

(4) The resident is in violation of rules of the ~~public~~	76335
~~health council~~manufactured homes commission adopted pursuant to	76336
section ~~3733.02~~4781.26 of the Revised Code or rules of the	76337
manufactured home park adopted pursuant to the rules of the ~~public~~	76338
~~health council~~manufactured homes commission.	76339

(5) The resident has been absent from the manufactured home	76340
park for a period of thirty consecutive days prior to the	76341
commencement of the action, and the resident's manufactured home,	76342
mobile home, or recreational vehicle parked in the manufactured	76343
home park has been left unoccupied for that thirty-day period,	76344
without notice to the park operator and without payment of rent	76345
due under the rental agreement.	76346

(B) The maintenance of an action by the park operator under	76347
this section does not prevent the resident from recovering damages	76348
for any violation by the park operator of the rental agreement or	76349
of section ~~3733.10~~4781.38 of the Revised Code.	76350

~~Sec. 3733.10.~~ Sec. 4781.38. (A) A park operator who is a party to	76351
a rental agreement shall:	76352

(1) Comply with the requirements of all applicable building,	76353
housing, health, and safety codes which materially affect health	76354
and safety, and comply with rules of the ~~public health council~~	76355
manufactured homes commission;	76356

(2) Make all repairs and do whatever is reasonably necessary	76357
to put and keep the premises in a fit and habitable condition;	76358

(3) Keep all common areas of the premises in a safe and	76359
sanitary condition;	76360

(4) Maintain in good and safe working order and condition all	76361
electrical and plumbing fixtures and appliances, and septic	76362
systems, sanitary and storm sewers, refuse receptacles, and well	76363
and water systems that are supplied or required to be supplied by	76364
~~him~~the park operator;	76365

(5) Not abuse the right of access conferred by division (B)	76366
of section ~~3733.101~~4781.39 of the Revised Code;	76367

(6) Except in the case of emergency or if it is impracticable	76368
to do so, give the resident reasonable notice of ~~his~~the park	76369
operator's intent to enter onto the residential premises and enter	76370
only at reasonable times. Twenty-four hours' notice shall be	76371
presumed to be a reasonable notice in the absence of evidence to	76372
the contrary.	76373

(B) If the park operator violates any provision of this	76374
section, makes a lawful entry onto the residential premises in an	76375
unreasonable manner, or makes repeated demands for entry otherwise	76376
lawful which demands have the effect of harassing the resident,	76377
the resident may recover actual damages resulting from the	76378
violation, entry, or demands and injunctive relief to prevent the	76379
recurrence of the conduct, and if hethe resident obtains a	76380
judgment, reasonable attorneys' fees, or terminate the rental	76381
agreement.	76382

~~Sec. 3733.101.~~ Sec. 4781.39. (A) A resident who is a party to a	76383
rental agreement shall:	76384

(1) Keep that part of the premises that the resident occupies	76385
and uses safe and sanitary;	76386

(2) Dispose of all rubbish, garbage, and other waste in a	76387
clean, safe, and sanitary manner;	76388

(3) Comply with the requirements imposed on residents by all	76389
applicable state and local housing, health, and safety codes,	76390
rules of the ~~public health council~~manufactured homes commission,	76391
and rules of the manufactured home park;	76392

(4) Personally refrain, and forbid any other person who is on	76393
the premises with the resident's permission, from intentionally or	76394
negligently destroying, defacing, damaging, or removing any	76395
fixture, appliance, or other part of the residential premises;	76396

(5) Conduct self and require other persons on the premises	76397
with the resident's consent to conduct themselves in a manner that	76398
will not disturb the resident's neighbors' peaceful enjoyment of	76399
the manufactured home park.	76400

(B) The resident shall not unreasonably withhold consent for	76401
the park operator to enter the home to inspect utility	76402
connections, or enter onto the premises in order to inspect the	76403
premises, make ordinary, necessary, or agreed repairs,	76404
decorations, alterations, or improvements, deliver parcels which	76405
are too large for the resident's mail facilities, or supply	76406
necessary or agreed services.	76407

(C) If the resident violates any provision of this section,	76408
the park operator may recover any actual damages which result from	76409
the violation and reasonable attorneys' fees. This remedy is in	76410
addition to any right of the park operator to terminate the rental	76411
agreement, to maintain an action for the possession of the	76412
premises, or injunctive relief to compel access under division (B)	76413
of this section.	76414

~~Sec. 3733.11.~~ Sec. 4781.40. (A)(1) ~~The~~A manufactured home park	76415
operator shall offer each home owner a written rental agreement	76416
for a manufactured home park lot for a term of one year or more	76417
that contains terms essentially the same as any alternative	76418
month-to-month rental agreement offered to current and prospective	76419
tenants and owners. The park operator shall offer the minimum	76420
one-year rental agreement to the owner prior to installation of	76421
the home in the manufactured home park or, if the home is in the	76422
manufactured home park, prior to the expiration of the owner's	76423
existing rental agreement.	76424

(2) The park operator shall deliver the offer to the owner by	76425
certified mail, return receipt requested, or in person. If the	76426
park operator delivers the offer to the owner in person, the owner	76427
shall complete a return showing receipt of the offer. If the owner	76428
does not accept the offer, the park operator is discharged from	76429
any obligation to make any further such offers. If the owner	76430
accepts the offer, the park operator shall, at the expiration of	76431
each successive rental agreement, offer the owner another rental	76432
agreement, for a term that is mutually agreed upon, and that	76433
contains terms essentially the same as the alternative	76434
month-to-month agreement. The park operator shall deliver	76435
subsequent rental offers by ordinary mail or personal delivery. If	76436
the park operator sells the manufactured home park to another	76437
manufactured home park operator, the purchaser is bound by the	76438
rental agreements entered into by the purchaser's predecessor.	76439

(3) If the park operator sells the manufactured home park for	76440
a use other than as a manufactured home park, the park operator	76441
shall give each tenant and owner a written notification by	76442
certified mail, return receipt requested, or by handing it to the	76443
tenant or owner in person. If the park operator delivers the	76444
notification in person, the recipient shall complete a return	76445
showing receipt of the notification. This notification shall	76446
contain notice of the sale of the manufactured home park, and	76447
notice of the date by which the tenant or owner shall vacate. The	76448
date by which the tenant shall vacate shall be at least one	76449
hundred twenty days after receipt of the written notification, and	76450
the date by which the owner shall vacate shall be at least one	76451
hundred eighty days after receipt of the written notification.	76452

(B) A park operator shall fully disclose in writing all fees,	76453
charges, assessments, including rental fees, and rules prior to a	76454
tenant or owner executing a rental agreement and assuming	76455
occupancy in the manufactured home park. No fees, charges,	76456
assessments, or rental fees so disclosed may be increased nor	76457
rules changed by a park operator without specifying the date of	76458
implementation of the changed fees, charges, assessments, rental	76459
fees, or rules, which date shall be not less than thirty days	76460
after written notice of the change and its effective date to all	76461
tenants or owners in the manufactured home park, and no fee,	76462
charge, assessment, or rental fee shall be increased during the	76463
term of any tenant's or owner's rental agreement. Failure on the	76464
part of the park operator to fully disclose all fees, charges, or	76465
assessments shall prevent the park operator from collecting the	76466
undisclosed fees, charges, or assessments. If a tenant or owner	76467
refuses to pay any undisclosed fees, charges, or assessments, the	76468
refusal shall not be used by the park operator as a cause for	76469
eviction in any court.	76470

(C) A park operator shall promulgate rules governing the	76471
rental or occupancy of a lot in the manufactured home park. The	76472
rules shall not be unreasonable, arbitrary, or capricious. A copy	76473
of the rules and any amendments to them shall be delivered by the	76474
park operator to the tenant or owner prior to signing the rental	76475
agreement. A copy of the rules and any amendments to them shall be	76476
posted in a conspicuous place upon the manufactured home park	76477
grounds.	76478

(D) No park operator shall require an owner to purchase from	76479
the park operator any personal property. The park operator may	76480
determine by rule the style or quality of skirting, equipment for	76481
tying down homes, manufactured or mobile home accessories, or	76482
other equipment to be purchased by an owner from a vendor of the	76483
owner's choosing, provided that the equipment is readily available	76484
to the owner. Any such equipment shall be installed in accordance	76485
with the manufactured home park rules.	76486

(E) No park operator shall charge any owner who chooses to	76487
install an electric or gas appliance in a home an additional fee	76488
solely on the basis of the installation, unless the installation	76489
is performed by the park operator at the request of the owner, nor	76490
shall the park operator restrict the installation, service, or	76491
maintenance of the appliance, restrict the ingress or egress of	76492
repairpersons to the manufactured home park for the purpose of	76493
installation, service, or maintenance of the appliance, nor	76494
restrict the making of any interior improvement in a home, if the	76495
installation or improvement is in compliance with applicable	76496
building codes and other provisions of law and if adequate utility	76497
services are available for the installation or improvement.	76498

(F) No park operator shall require a tenant to lease or an	76499
owner to purchase a manufactured or mobile home from the park	76500
operator or any specific person as a condition of or prerequisite	76501
to entering into a rental agreement.	76502

(G) No park operator shall require an owner to use the	76503
services of the park operator or any other specific person for	76504
installation of the manufactured or mobile home on the residential	76505
premises or for the performance of any service.	76506

(H) No park operator shall:

76507

(1) Deny any owner the right to sell the owner's manufactured	76508
home within the manufactured home park if the owner gives the park	76509
operator ten days' notice of the intention to sell the home;	76510

(2) Require the owner to remove the home from the	76511
manufactured home park solely on the basis of the sale of the	76512
home;	76513

(3) Unreasonably refuse to enter into a rental agreement with	76514
a purchaser of a home located within the operator's manufactured	76515
home park;	76516

(4) Charge any tenant or owner any fee, charge, or	76517
assessment, including a rental fee, that is not set forth in the	76518
rental agreement or, if the rental agreement is oral, is not set	76519
forth in a written disclosure given to the tenant or owner prior	76520
to the tenant or owner entering into a rental agreement;	76521

(5) Charge any owner any fee, charge, or assessment because	76522
of the transfer of ownership of a home or because a home is moved	76523
out of or into the manufactured home park, except a charge for the	76524
actual costs and expenses that are incurred by the park operator	76525
in moving the home out of or into the manufactured home park, or	76526
in installing the home in the manufactured home park and that have	76527
not been reimbursed by another tenant or owner.	76528

(I) If the park operator violates any provision of divisions	76529
(A) to (H) of this section, the tenant or owner may recover actual	76530
damages resulting from the violation, and, if the tenant or owner	76531
obtains a judgment, reasonable attorneys' fees, or terminate the	76532
rental agreement.	76533

(J) No rental agreement shall require a tenant or owner to	76534
sell, lease, or sublet the tenant's or owner's interest in the	76535
rental agreement or the manufactured or mobile home that is or	76536
will be located on the lot that is the subject of the rental	76537
agreement to any specific person or through any specific person as	76538
the person's agent.	76539

(K) No park operator shall enter into a rental agreement with	76540
the owner of a manufactured or mobile home for the use of	76541
residential premises, if the rental agreement requires the owner	76542
of the home, as a condition to the owner's renting, occupying, or	76543
remaining on the residential premises, to pay the park operator or	76544
any other person specified in the rental agreement a fee or any	76545
sum of money based on the sale of the home, unless the owner of	76546
the home uses the park operator or other person as the owner's	76547
agent in the sale of the home.	76548

(L) A park operator and a tenant or owner may include in a	76549
rental agreement any terms and conditions, including any term	76550
relating to rent, the duration of an agreement, and any other	76551
provisions governing the rights and obligations of the parties	76552
that are not inconsistent with or prohibited by sections 3733.09	76553
to 3733.20 of the Revised Code or any other rule of law.	76554

(M) Notwithstanding any other provision of the Revised Code,	76555
the owner of a manufactured or mobile home ~~that was previously~~	76556
~~titled by a dealer~~ may utilize the services of a manufactured ~~home~~	76557
housing dealer or broker licensed under ~~Chapter 4517. of the~~	76558
~~Revised Code~~this chapter or a person properly licensed under	76559
Chapter 4735. of the Revised Code to sell or lease the home.	76560

~~Sec. 3733.12.~~ Sec. 4781.41. (A) If a park operator fails to	76561
fulfill any obligation imposed upon ~~him~~the park operator by	76562
section ~~3733.10~~4781.38 of the Revised Code or by the rental	76563
agreement, or the conditions of the premises are such that the	76564
resident reasonably believes that a park operator has failed to	76565
fulfill any such obligations, or a governmental agency has found	76566
that the premises are not in compliance with building, housing,	76567
health, or safety codes which apply to any condition of the	76568
residential premises that could materially affect the health and	76569
safety of an occupant, the resident may give notice in writing to	76570
the park operator specifying the acts, omissions, or code	76571
violations that constitute noncompliance with such provisions. The	76572
notice shall be sent to the person or place where rent is normally	76573
paid.	76574

(B) If a park operator receives the notice described in	76575
division (A) of this section and after receipt of the notice fails	76576
to remedy the condition within a reasonable time, considering the	76577
severity of the condition and the time necessary to remedy such	76578
condition, or within thirty days, whichever is sooner, and if the	76579
resident is current in rent payments due under the rental	76580
agreement, the resident may do one of the following:	76581

(1) Deposit all rent that is due and thereafter becomes due	76582
the park operator with the clerk of court of the municipal or	76583
county court having jurisdiction in the territory in which the	76584
residential premises are located;	76585

(2) Apply to the court for an order directing the park	76586
operator to remedy the condition. As part thereof, the resident	76587
may deposit rent pursuant to division (B)(1) of this section, and	76588
may apply for an order reducing the periodic rent due the park	76589
operator until such time as the park operator does remedy the	76590
condition, and may apply for an order to use the rent deposited to	76591
remedy the condition. In any order issued pursuant to this	76592
division, the court may require the resident to deposit rent with	76593
the clerk of court as provided in division (B)(1) of this section.	76594

~~Sec. 3733.121.~~ Sec. 4781.42. (A) Whenever a resident deposits rent	76595
with the clerk of a court as provided in section ~~3733.12~~4781.41	76596
of the Revised Code, the clerk shall give written notice of this	76597
fact to the park operator and to ~~his~~the park operator's agent, if	76598
any.	76599

(B) The clerk shall place all rent deposited with ~~him~~the	76600
clerk in a separate rent escrow account in the name of the clerk	76601
in a bank or building and loan association domiciled in this	76602
state.	76603

(C) The clerk shall keep in a separate docket an account of	76604
each deposit, with the name and address of the resident, and the	76605
name and address of the park operator and of ~~his~~the park	76606
operator's agent, if any.	76607

(D) For ~~his~~the clerk's costs, the clerk may charge a fee of	76608
one per cent of the amount of the rent deposited, which shall be	76609
assessed as court costs.	76610

(E) All interest that has accrued on the rent deposited by	76611
the clerk of a county court under division (B) of this section	76612
shall be paid into the treasury of the political subdivision for	76613
which the clerk performs ~~his~~the clerk's duties. All interest that	76614
has accrued on the rent deposited by the clerk of a municipal	76615
court under division (B) of this section shall be paid into the	76616
city treasury as defined in division (B) of section 1901.03 of the	76617
Revised Code.	76618

~~Sec. 3733.122.~~ Sec. 4781.43. (A) A park operator who receives	76619
notice that rent due ~~him~~the park operator has been deposited with	76620
a clerk of court pursuant to section ~~3733.12~~4781.41 of the	76621
Revised Code, may:	76622

(1) Apply to the clerk of court for release of the rent on	76623
the ground that the condition contained in the notice given	76624
pursuant to division (A) of section ~~3733.12~~4781.41 of the Revised	76625
Code has been remedied. The clerk shall forthwith release the	76626
rent, less costs, to the park operator if the resident gives	76627
written notice to the clerk that the condition has been remedied.	76628

(2) Apply to the court for release of the rent on the grounds	76629
that the resident did not comply with the notice requirement of	76630
division (A) of section ~~3733.12~~4781.41 of the Revised Code, or	76631
that the resident was not current in rent payments due under the	76632
rental agreement at the time the resident initiated rent deposits	76633
with the clerk of courts under division (B)(1) of section ~~3733.12~~	76634
4781.41 of the Revised Code;	76635

(3) Apply to the court for release of the rent on the grounds	76636
that there was no violation of any obligation imposed upon the	76637
park operator by section ~~3733.10~~4781.38 of the Revised Code or by	76638
the rental agreement, or by any building, housing, health, or	76639
safety code, or that the condition contained in the notice given	76640
pursuant to division (A) of section ~~3733.12~~4781.41 of the Revised	76641
Code has been remedied.	76642

(B) The resident shall be named as a party to any action	76643
filed by the park operator under this section, and shall have the	76644
right to file an answer and counterclaim, as in other civil cases.	76645
A trial shall be held within sixty days of the date of filing of	76646
the park operator's complaint, unless for good cause shown the	76647
court grants a continuance.	76648

(C) If the court finds that there was no violation of any	76649
obligation imposed upon the park operator by section ~~3733.10~~	76650
4781.38 of the Revised Code or by the rental agreement, or by any	76651
building, housing, health, or safety code, or that the condition	76652
contained in the notice given pursuant to division (A) of section	76653
~~3733.12~~4781.41 of the Revised Code has been remedied, or that the	76654
resident did not comply with the notice requirement of division	76655
(A) of section ~~3733.12~~4781.41 of the Revised Code, or that the	76656
resident was not current in rent payments at the time the resident	76657
initiated rent deposits with the clerk of court under division	76658
(B)(1) of section ~~3733.12~~4781.41 of the Revised Code, the court	76659
shall order the release to the park operator of rent on deposit	76660
with the clerk, less costs.	76661

(D) If the court finds that the condition contained in the	76662
notice given pursuant to division (A) of section ~~3733.12~~4781.41	76663
of the Revised Code was the result of an act or omission of the	76664
resident, or that the resident intentionally acted in bad faith in	76665
proceeding under section ~~3733.12~~4781.41 of the Revised Code, the	76666
resident shall be liable for damages caused to the park operator,	76667
and for costs, together with reasonable attorneys' fees if the	76668
resident intentionally acted in bad faith.	76669

~~Sec. 3733.123.~~ Sec. 4781.44. (A) If a park operator brings an	76670
action for the release of rent deposited with a clerk of court,	76671
the court may, during the pendency of the action, upon application	76672
of the park operator, release part of the rent on deposit for	76673
payment of the periodic interest on a mortgage on the premises,	76674
the periodic principal payments on a mortgage on the premises, the	76675
insurance premiums for the premises, real estate taxes on the	76676
premises, utility services, repairs, and other customary and usual	76677
costs of operating the premises.	76678

(B) In determining whether to release rent for the payments	76679
described in division (A) of this section, the court shall	76680
consider the amount of rent the park operator receives from other	76681
lots, the cost of operating these lots, and the costs which may be	76682
required to remedy the condition contained in the notice given	76683
pursuant to division (A) of section ~~3733.12~~4781.41 of the Revised	76684
Code.	76685

~~Sec. 3733.13.~~ Sec. 4781.45. If a resident commits a material	76686
violation of the rules of the manufactured home park, of the	76687
~~public health council~~manufactured homes commission, or of	76688
applicable state and local health and safety codes, the park	76689
operator may deliver a written notification of the violation to	76690
the resident. The notification shall contain all of the following:	76691

(A) A description of the violation;

76692

(B) A statement that the rental agreement will terminate upon	76693
a date specified in the written notice not less than thirty days	76694
after receipt of the notice unless the resident remedies the	76695
violation;	76696

(C) A statement that the violation was material and that if a	76697
second material violation of any park or ~~public health council~~	76698
commission rule, or any health and safety code, occurs within six	76699
months after the date of this notice, the rental agreement will	76700
terminate immediately;	76701

(D) A statement that a defense available to termination of	76702
the rental agreement for two material violations of park or ~~public~~	76703
~~health council~~commission rules, or of health and safety codes, is	76704
that the park rule is unreasonable, or that the park or ~~public~~	76705
~~health councilrule~~commission, or health or safety code, is not	76706
being enforced against other manufactured home park residents, or	76707
that the two violations were not willful and not committed in bad	76708
faith.	76709

If the resident remedies the condition described in the	76710
notice, whether by repair, the payment of damages, or otherwise,	76711
the rental agreement shall not terminate. The park operator may	76712
terminate the rental agreement immediately if the resident commits	76713
a second material violation of the park or ~~public health council~~	76714
commission rules, or of applicable state and local health and	76715
safety codes, subject to the defense that the park rule is	76716
unreasonable, that the park or ~~public health council~~commission	76717
rule, or health or safety code, is not being enforced against	76718
other manufactured home park residents, or that the two violations	76719
were not willful and not committed in bad faith.	76720

~~Sec. 3733.14.~~ Sec. 4781.46. In any action under sections ~~3733.09~~	76721
4781.36 to ~~3733.20~~4781.52 of the Revised Code, any party may	76722
recover damages for the breach of contract or the breach of any	76723
duty that is imposed by law.	76724

~~Sec. 3733.15.~~ Sec. 4781.47. (A) No provision of sections ~~3733.09~~	76725
4781.36 to ~~3733.20~~4781.52 of the Revised Code may be modified or	76726
waived by any oral or written agreement except as provided in	76727
division (F) of this section.	76728

(B) No warrant of attorney to confess judgment shall be	76729
recognized in any rental agreement or in any other agreement	76730
between a park operator and resident for the recovery of rent or	76731
damages to the residential premises.	76732

(C) No agreement to pay the park operator's or resident's	76733
attorney fees shall be recognized in any rental agreement for	76734
residential premises or in any other agreement between a park	76735
operator and resident.	76736

(D) No agreement by a resident to the exculpation or	76737
limitation of any liability of the park operator arising under law	76738
or to indemnify the park operator for that liability or its	76739
related costs shall be recognized in any rental agreement or in	76740
any other agreement between a park operator and resident.	76741

(E) A rental agreement, or the assignment, conveyance, trust	76742
deed, or security instrument of the park operator's interest in	76743
the rental agreement may not permit the receipt of rent free of	76744
the obligation to comply with section ~~3733.10~~4781.38 of the	76745
Revised Code.	76746

(F) The park operator may agree to assume responsibility for	76747
fulfilling any duty or obligation imposed on a resident by section	76748
~~3733.101~~4781.39 of the Revised Code.	76749

~~Sec. 3733.16.~~ Sec. 4781.48. (A) If the court as a matter of law	76750
finds a rental agreement, or any clause of it, to have been	76751
unconscionable at the time it was made, it may refuse to enforce	76752
the rental agreement or it may enforce the remainder of the rental	76753
agreement without the unconscionable clause, or it may so limit	76754
the application of any unconscionable clause as to avoid any	76755
unconscionable result.	76756

(B) When it is claimed or appears to the court that the	76757
rental agreement, or any clause of it, may be unconscionable, the	76758
parties shall be afforded a reasonable opportunity to present	76759
evidence as to its setting, purpose, and effect to aid the court	76760
in making the determination.	76761

~~Sec. 3733.17.~~ Sec. 4781.49. (A) No park operator of residential	76762
premises shall initiate any act, including termination of	76763
utilities or services, exclusion from the premises, or threat of	76764
any unlawful act, against a resident, or a resident whose right to	76765
possession has terminated, for the purpose of recovering	76766
possession of residential premises, other than as provided in	76767
Chapters 1923., ~~3733.~~4781., and 5303. of the Revised Code.	76768

(B) No park operator of residential premises shall seize the	76769
furnishings or possessions of a resident, or of a resident whose	76770
right to possession was terminated, for the purpose of recovering	76771
rent payments, other than in accordance with an order issued by a	76772
court of competent jurisdiction.	76773

(C) A park operator who violates this section is liable in a	76774
civil action for all damages caused to a resident, or to a	76775
resident whose right to possession has terminated, together with	76776
reasonable attorneys' fees.	76777

~~Sec. 3733.18.~~ Sec. 4781.50. (A) Any security deposit in excess of	76778
fifty dollars or one month's periodic rent, whichever is greater,	76779
shall bear interest on the excess at the rate of five per cent per	76780
annum if the resident remains in possession of the premises for	76781
six months or more, and shall be computed and paid annually by the	76782
park operator to the resident.	76783

(B) Upon termination of the rental agreement any property or	76784
money held by the park operator as a security deposit may be	76785
applied to the payment of past due rent and to the payment of the	76786
amount of damages that the park operator has suffered by reason of	76787
the resident's noncompliance with section ~~3733.101~~4781.39 of the	76788
Revised Code or the rental agreement. Any deduction from the	76789
security deposit shall be itemized and identified by the park	76790
operator in a written notice delivered to the resident together	76791
with the amount due, within thirty days after termination of the	76792
rental agreement and delivery of possession. The resident shall	76793
provide the park operator in writing with a forwarding address or	76794
new address to which the written notice and amount due from the	76795
park operator may be sent. If the resident fails to provide the	76796
park operator with the forwarding or new address as required, the	76797
resident shall not be entitled to damages or attorneys' fees under	76798
division (C) of this section.	76799

(C) If the park operator fails to comply with division (B) of	76800
this section, the resident may recover the property and money due	76801
~~him~~the resident, together with damages in an amount equal to the	76802
amount wrongfully withheld, and reasonable attorneys' fees.	76803

~~Sec. 3733.19.~~ Sec. 4781.51. (A) Every written rental agreement for	76804
residential premises shall contain the name and address of the	76805
owner of the residential premises and the name and address of the	76806
owner's agent, if any. If the owner or the owner's agent is a	76807
corporation, partnership, limited partnership, association, trust,	76808
or other entity, the address shall be the principal place of	76809
business in the county in which the residential premises are	76810
situated or if there is no place of business in such county then	76811
its principal place of business in this state, and shall include	76812
the name of the person in charge thereof.	76813

(B) If the rental agreement is oral, the park operator, at	76814
the commencement of the term of occupancy, shall deliver to the	76815
resident a written notice containing the information required in	76816
division (A) of this section.	76817

(C) If the park operator fails to provide the notice of the	76818
name and address of the owner and owner's agent, if any, as	76819
required under division (A) or (B) of this section, the notices to	76820
the park operator required under division (A) of sections ~~3733.12~~	76821
4781.41 and ~~3733.121~~4781.42 of the Revised Code are waived by the	76822
park operator and the operator's agent.	76823

(D) Every written rental agreement for residential premises	76824
shall contain the following notice in ten-point boldface type:	76825

"YOUR RIGHTS AS A RESIDENT AND YOUR MANUFACTURED HOME PARK	76826
OPERATOR'S RIGHTS ARE PROTECTED BY SECTIONS ~~3733.09~~4781.36 TO	76827
~~3733.20~~4781.52 OF THE REVISED CODE, WHICH REGULATE RENTAL	76828
AGREEMENTS IN MANUFACTURED HOME PARKS."	76829

If the rental agreement is oral, the park operator, at the	76830
commencement of the term of occupancy, shall deliver the notice to	76831
the resident in writing.	76832

~~Sec. 3733.20.~~ Sec. 4781.52. No municipal corporation may adopt or	76833
continue in existence any ordinance and no township may adopt or	76834
continue in existence any resolution that is in conflict with	76835
sections ~~3733.09~~4781.36 to ~~3733.20~~4781.52 of the Revised Code,	76836
or that regulates those rights and obligations of parties to a	76837
rental agreement that are regulated by sections ~~3733.09~~4781.36 to	76838
~~3733.20~~4781.52 of the Revised Code. Sections ~~3733.09~~4781.36 to	76839
~~3733.20~~4781.52 of the Revised Code do not preempt any housing,	76840
building, health, or safety codes of any municipal corporation or	76841
township.	76842

Sec. 4781.54. There is hereby created in the state treasury	76843
the manufactured homes commission regulatory fund. The fund shall	76844
consist of fees collected under section 4781.121 of the Revised	76845
Code and fees paid under section 4781.28 of the Revised Code and	76846
shall be used for the purposes described in those sections.	76847

Sec. 4781.99. (A) Whoever violates division (A) of section	76848
4781.16 of the Revised Code is guilty of a minor misdemeanor on a	76849
first offense and shall be subject to a mandatory fine of one	76850
hundred dollars. On a second offense, the person is guilty of a	76851
misdemeanor of the first degree and shall be subject to a	76852
mandatory fine of one thousand dollars.	76853

(B) Whoever violates section 4781.20 of the Revised Code is	76854
guilty of a minor misdemeanor.	76855

(C) Whoever violates any of the following is guilty of a	76856
misdemeanor of the fourth degree:	76857

(1) Division (B) or (C) of section 4781.16 of the Revised	76858
Code;	76859

(2) Section 4781.22 of the Revised Code;

76860

(3) Section 4781.23 of the Revised Code;

76861

(4) Division (A) of section 4781.24 of the Revised Code;

76862

(5) Section 4781.25 of the Revised Code;

76863

(6) Division (A) of section 4781.35 of the Revised Code.

76864

Sec. 4905.90. As used in sections 4905.90 to 4905.96 of the	76865
Revised Code:	76866

(A) "Contiguous property" includes, but is not limited to, a	76867
manufactured home park as defined in section ~~3733.01~~4781.01 of	76868
the Revised Code; a public or publicly subsidized housing project;	76869
an apartment complex; a condominium complex; a college or	76870
university; an office complex; a shopping center; a hotel; an	76871
industrial park; and a race track.	76872

(B) "Gas" means natural gas, flammable gas, or gas which is	76873
toxic or corrosive.	76874

(C) "Gathering lines" and the "gathering of gas" have the	76875
same meaning as in the Natural Gas Pipeline Safety Act and the	76876
rules adopted by the United States department of transportation	76877
pursuant to the Natural Gas Pipeline Safety Act, including 49	76878
C.F.R. part 192, as amended.	76879

(D) "Intrastate pipe-line transportation" has the same	76880
meaning as in 82 Stat. 720 (1968), 49 U.S.C.A. App. 1671, as	76881
amended, but excludes the gathering of gas exempted by the Natural	76882
Gas Pipeline Safety Act.	76883

(E) "Master-meter system" means a pipe-line system that	76884
distributes gas within a contiguous property for which the system	76885
operator purchases gas for resale to consumers, including tenants.	76886
Such pipe-line system supplies consumers who purchase the gas	76887
directly through a meter, or by paying rent, or by other means.	76888
The term includes a master-meter system as defined in 49 C.F.R.	76889
191.3, as amended. The term excludes a pipeline within a	76890
manufactured home, mobile home, or a building.	76891

(F) "Natural Gas Pipeline Safety Act" means the "Natural Gas	76892
Pipeline Safety Act of 1968," 82 Stat. 720, 49 U.S.C.A. App. 1671	76893
et seq., as amended.	76894

(G) "Operator" means any of the following:

76895

(1) A gas company or natural gas company as defined in	76896
section 4905.03 of the Revised Code, except that division (A)(5)	76897
of that section does not authorize the public utilities commission	76898
to relieve any producer of gas, as a gas company or natural gas	76899
company, of compliance with sections 4905.90 to 4905.96 of the	76900
Revised Code or the pipe-line safety code created under section	76901
4905.91 of the Revised Code;	76902

(2) A pipe-line company, as defined in section 4905.03 of the	76903
Revised Code, when engaged in the business of transporting gas by	76904
pipeline;	76905

(3) A public utility that is excepted from the definition of	76906
"public utility" under division (B) or (C) of section 4905.02 of	76907
the Revised Code, when engaged in supplying or transporting gas by	76908
pipeline within this state;	76909

(4) Any person that owns, operates, manages, controls, or	76910
leases any of the following:	76911

(a) Intrastate pipe-line transportation facilities within	76912
this state;	76913

(b) Gas gathering lines within this state which are not	76914
exempted by the Natural Gas Pipeline Safety Act;	76915

76916

"Operator" does not include an ultimate consumer who owns a	76917
service line, as defined in 49 C.F.R. 192.3, as amended, on the	76918
real property of that ultimate consumer.	76919

(H) "Operator of a master-meter system" means a person	76920
described under division ~~(F)~~(G)(4)(c) of this section. An operator	76921
of a master-meter system is not a public utility under section	76922
4905.02 or a gas or natural gas company under section 4905.03 of	76923
the Revised Code.	76924

(I) "Person" means:

76925

(1) In addition to those defined in division (C) of section	76926
1.59 of the Revised Code, a joint venture or a municipal	76927
corporation;	76928

(2) Any trustee, receiver, assignee, or personal	76929
representative of persons defined in division ~~(H)~~(I)(1) of this	76930
section.	76931

(J) "Safety audit" means the public utilities commission's	76932
audit of the premises, pipe-line facilities, and the records,	76933
maps, and other relevant documents of a master-meter system to	76934
determine the operator's compliance with sections 4905.90 to	76935
4905.96 of the Revised Code and the pipe-line safety code.	76936

(K) "Safety inspection" means any inspection, survey, or	76937
testing of a master-meter system which is authorized or required	76938
by sections 4905.90 to 4905.96 of the Revised Code and the	76939
pipe-line safety code. The term includes, but is not limited to,	76940
leak surveys, inspection of regulators and critical valves, and	76941
monitoring of cathodic protection systems, where applicable.	76942

(L) "Safety-related condition" means any safety-related	76943
condition defined in 49 C.F.R. 191.23, as amended.	76944

(M) "Total Mcfs of gas it supplied or delivered" means the	76945
sum of the following volumes of gas that an operator supplied or	76946
delivered, measured in units per one thousand cubic feet:	76947

(1) Residential sales;

76948

(2) Commercial and industrial sales;

76949

(3) Other sales to public authorities;

76950

(4) Interdepartmental sales;

76951

(5) Sales for resale;

76952

(6) Transportation of gas.

76953

Sec. 4909.15. (A) The public utilities commission, when	76954
fixing and determining just and reasonable rates, fares, tolls,	76955
rentals, and charges, shall determine:	76956

(1) The valuation as of the date certain of the property of	76957
the public utility used and useful in rendering the public utility	76958
service for which rates are to be fixed and determined. The	76959
valuation so determined shall be the total value as set forth in	76960
division (J) of section 4909.05 of the Revised Code, and a	76961
reasonable allowance for materials and supplies and cash working	76962
capital, as determined by the commission.	76963

The commission, in its discretion, may include in the	76964
valuation a reasonable allowance for construction work in progress	76965
but, in no event, may such an allowance be made by the commission	76966
until it has determined that the particular construction project	76967
is at least seventy-five per cent complete.	76968

In determining the percentage completion of a particular	76969
construction project, the commission shall consider, among other	76970
relevant criteria, the per cent of time elapsed in construction;	76971
the per cent of construction funds, excluding allowance for funds	76972
used during construction, expended, or obligated to such	76973
construction funds budgeted where all such funds are adjusted to	76974
reflect current purchasing power; and any physical inspection	76975
performed by or on behalf of any party, including the commission's	76976
staff.	76977

A reasonable allowance for construction work in progress	76978
shall not exceed ten per cent of the total valuation as stated in	76979
this division, not including such allowance for construction work	76980
in progress.	76981

Where the commission permits an allowance for construction	76982
work in progress, the dollar value of the project or portion	76983
thereof included in the valuation as construction work in progress	76984
shall not be included in the valuation as plant in service until	76985
such time as the total revenue effect of the construction work in	76986
progress allowance is offset by the total revenue effect of the	76987
plant in service exclusion. Carrying charges calculated in a	76988
manner similar to allowance for funds used during construction	76989
shall accrue on that portion of the project in service but not	76990
reflected in rates as plant in service, and such accrued carrying	76991
charges shall be included in the valuation of the property at the	76992
conclusion of the offset period for purposes of division (J) of	76993
section 4909.05 of the Revised Code.	76994

From and after April 10, 1985, no allowance for construction	76995
work in progress as it relates to a particular construction	76996
project shall be reflected in rates for a period exceeding	76997
forty-eight consecutive months commencing on the date the initial	76998
rates reflecting such allowance become effective, except as	76999
otherwise provided in this division.	77000

The applicable maximum period in rates for an allowance for	77001
construction work in progress as it relates to a particular	77002
construction project shall be tolled if, and to the extent, a	77003
delay in the in-service date of the project is caused by the	77004
action or inaction of any federal, state, county, or municipal	77005
agency having jurisdiction, where such action or inaction relates	77006
to a change in a rule, standard, or approval of such agency, and	77007
where such action or inaction is not the result of the failure of	77008
the utility to reasonably endeavor to comply with any rule,	77009
standard, or approval prior to such change.	77010

In the event that such period expires before the project goes	77011
into service, the commission shall exclude, from the date of	77012
expiration, the allowance for the project as construction work in	77013
progress from rates, except that the commission may extend the	77014
expiration date up to twelve months for good cause shown.	77015

In the event that a utility has permanently canceled,	77016
abandoned, or terminated construction of a project for which it	77017
was previously permitted a construction work in progress	77018
allowance, the commission immediately shall exclude the allowance	77019
for the project from the valuation.	77020

In the event that a construction work in progress project	77021
previously included in the valuation is removed from the valuation	77022
pursuant to this division, any revenues collected by the utility	77023
from its customers after April 10, 1985, that resulted from such	77024
prior inclusion shall be offset against future revenues over the	77025
same period of time as the project was included in the valuation	77026
as construction work in progress. The total revenue effect of such	77027
offset shall not exceed the total revenues previously collected.	77028

In no event shall the total revenue effect of any offset or	77029
offsets provided under division (A)(1) of this section exceed the	77030
total revenue effect of any construction work in progress	77031
allowance.	77032

(2) A fair and reasonable rate of return to the utility on	77033
the valuation as determined in division (A)(1) of this section;	77034

(3) The dollar annual return to which the utility is entitled	77035
by applying the fair and reasonable rate of return as determined	77036
under division (A)(2) of this section to the valuation of the	77037
utility determined under division (A)(1) of this section;	77038

(4) The cost to the utility of rendering the public utility	77039
service for the test period less the total of any interest on cash	77040
or credit refunds paid, pursuant to section 4909.42 of the Revised	77041
Code, by the utility during the test period.	77042

(a) Federal, state, and local taxes imposed on or measured by	77043
net income may, in the discretion of the commission, be computed	77044
by the normalization method of accounting, provided the utility	77045
maintains accounting reserves that reflect differences between	77046
taxes actually payable and taxes on a normalized basis, provided	77047
that no determination as to the treatment in the rate-making	77048
process of such taxes shall be made that will result in loss of	77049
any tax depreciation or other tax benefit to which the utility	77050
would otherwise be entitled, and further provided that such tax	77051
benefit as redounds to the utility as a result of such a	77052
computation may not be retained by the company, used to fund any	77053
dividend or distribution, or utilized for any purpose other than	77054
the defrayal of the operating expenses of the utility and the	77055
defrayal of the expenses of the utility in connection with	77056
construction work.	77057

(b) The amount of any tax credits granted to an electric	77058
light company under section 5727.391 of the Revised Code for Ohio	77059
coal burned prior to January 1, 2000, shall not be retained by the	77060
company, used to fund any dividend or distribution, or utilized	77061
for any purposes other than the defrayal of the allowable	77062
operating expenses of the company and the defrayal of the	77063
allowable expenses of the company in connection with the	77064
installation, acquisition, construction, or use of a compliance	77065
facility. The amount of the tax credits granted to an electric	77066
light company under that section for Ohio coal burned prior to	77067
January 1, 2000, shall be returned to its customers within three	77068
years after initially claiming the credit through an offset to the	77069
company's rates or fuel component, as determined by the	77070
commission, as set forth in schedules filed by the company under	77071
section 4905.30 of the Revised Code. As used in division	77072
(A)(4)~~(c)~~(b) of this section, "compliance facility" has the same	77073
meaning as in section 5727.391 of the Revised Code.	77074

(B) The commission shall compute the gross annual revenues to	77075
which the utility is entitled by adding the dollar amount of	77076
return under division (A)(3) of this section to the cost of	77077
rendering the public utility service for the test period under	77078
division (A)(4) of this section.	77079

(C) The test period, unless otherwise ordered by the	77080
commission, shall be the twelve-month period beginning six months	77081
prior to the date the application is filed and ending six months	77082
subsequent to that date. In no event shall the test period end	77083
more than nine months subsequent to the date the application is	77084
filed. The revenues and expenses of the utility shall be	77085
determined during the test period. The date certain shall be not	77086
later than the date of filing.	77087

(D) ~~When the~~(1) The commission shall fix and determine the	77088
just and reasonable rate, fare, charge, toll, rental, or service	77089
to be rendered, charged, demanded, exacted, or collected for the	77090
performance or rendition of a service that will provide a public	77091
utility the allowable gross annual revenues under division (B) of	77092
this section, and order such just and reasonable rate, fare,	77093
charge, toll, rental, or service to be substituted for the	77094
existing one, when either of the following apply:	77095

(a) The commission is of the opinion, after hearing and after	77096
making the determinations under divisions (A) and (B) of this	77097
section, that any of the following apply:	77098

(i) Any rate, fare, charge, toll, rental, schedule,	77099
classification, or service, or any joint rate, fare, charge, toll,	77100
rental, schedule, classification, or service rendered, charged,	77101
demanded, exacted, or proposed to be rendered, charged, demanded,	77102
or exacted, is, or will be, unjust, unreasonable, unjustly	77103
discriminatory, unjustly preferential, or in violation of law,	77104
~~that the~~.	77105

(ii) The service is, or will be, inadequate~~, or that the~~.

77106

(iii) The maximum rates, charges, tolls, or rentals	77107
chargeable by any such public utility are insufficient to yield	77108
reasonable compensation for the service rendered, and are unjust	77109
and unreasonable~~, the commission shall~~.	77110

(b) A public utility's rate, fare, charge, toll, rental, or	77111
schedule, or joint rate, fare, charge, toll, rental, or schedule,	77112
charged, demanded, exacted, or proposed to be charged, demanded,	77113
or exacted, was, or will be, determined in part based on the	77114
utility's payments of assessments under section 4911.18 of the	77115
Revised Code that were based on an appropriation to the office of	77116
the consumers' counsel for fiscal year 2011 or a prior fiscal year	77117
and that exceeded the minimum assessment under that section.	77118

(2) The commission shall make the fixations and	77119
determinations under division (D)(1)(a) of this section:	77120

~~(1)~~(a) With due regard among other things to the value of all	77121
property of the public utility actually used and useful for the	77122
convenience of the public as determined under division (A)(1) of	77123
this section, excluding from such value the value of any franchise	77124
or right to own, operate, or enjoy the same in excess of the	77125
amount, exclusive of any tax or annual charge, actually paid to	77126
any political subdivision of the state or county, as the	77127
consideration for the grant of such franchise or right, and	77128
excluding any value added to such property by reason of a monopoly	77129
or merger, with due regard in determining the dollar annual return	77130
under division (A)(3) of this section to the necessity of making	77131
reservation out of the income for surplus, depreciation, and	77132
contingencies, and;	77133

~~(2)~~(b) With due regard to all such other matters as are	77134
proper, according to the facts in each case,	77135

~~(a)~~(i) Including a fair and reasonable rate of return	77136
determined by the commission with reference to a cost of debt	77137
equal to the actual embedded cost of debt of such public utility,	77138

~~(b)~~(ii) But not including the portion of any periodic rental	77139
or use payments representing that cost of property that is	77140
included in the valuation report under divisions (F) and (G) of	77141
section 4909.05 of the Revised Code~~, fix and determine the just~~	77142
~~and reasonable rate, fare, charge, toll, rental, or service to be~~	77143
~~rendered, charged, demanded, exacted, or collected for the~~	77144
~~performance or rendition of the service that will provide the~~	77145
~~public utility the allowable gross annual revenues under division~~	77146
~~(B) of this section, and order such just and reasonable rate,~~	77147
~~fare, charge, toll, rental, or service to be substituted for the~~	77148
~~existing one. After such determination~~.	77149

(3) The commission shall make the fixations and	77150
determinations under division (D)(1)(b) of this section	77151
exclusively with regard to the payments of assessments that are	77152
required to be calculated based on the appropriation to the office	77153
of the consumers' counsel for fiscal year 2012. The commission	77154
shall make all such fixations and determinations on or before	77155
December 31, 2011, unless the public utility has filed an	77156
application with the commission under section 4909.18 of the	77157
Revised Code and the application is pending on the effective date	77158
of this section.	77159

(4) After a determination and order made under division (D)	77160
of this section, no change in the rate, fare, toll, charge,	77161
rental, schedule, classification, or service shall be made,	77162
rendered, charged, demanded, exacted, or changed by such public	77163
utility without the order of the commission, and any other rate,	77164
fare, toll, charge, rental, classification, or service is	77165
prohibited.	77166

(E) Upon application of any person or any public utility, and	77167
after notice to the parties in interest and opportunity to be	77168
heard as provided in Chapters 4901., 4903., 4905., 4907., 4909.,	77169
4921., and 4923. of the Revised Code for other hearings, has been	77170
given, the commission may rescind, alter, or amend an order fixing	77171
any rate, fare, toll, charge, rental, classification, or service,	77172
or any other order made by the commission. Certified copies of	77173
such orders shall be served and take effect as provided for	77174
original orders.	77175

Sec. 4911.02. (A) The consumers' counsel shall be appointed	77176
by the consumers' counsel governing board, and shall hold office	77177
at the pleasure of the board.	77178

(B)(1) The counsel may sue or be sued and has the powers and	77179
duties granted ~~him~~the counsel under this chapter, and all	77180
necessary powers to carry out the purposes of this chapter.	77181

(2) Without limitation because of enumeration, the counsel:

77182

(a) Shall have all the rights and powers of any party in	77183
interest appearing before the public utilities commission	77184
regarding examination and cross-examination of witnesses,	77185
presentation of evidence, and other matters;	77186

(b) May take appropriate action with respect to residential	77187
consumer complaints concerning quality of service, service	77188
charges, and the operation of the public utilities commission;	77189

(c) May institute, intervene in, or otherwise participate in	77190
proceedings in both state and federal courts and administrative	77191
agencies on behalf of the residential consumers concerning review	77192
of decisions rendered by, or failure to act by, the public	77193
utilities commission;	77194

(d) May conduct long range studies concerning various topics	77195
relevant to the rates charged to ~~residenial~~residential consumers.	77196

(C) The counsel shall not advocate or otherwise promote any	77197
position contrary to development of competitive markets in this	77198
state, including any position contrary to natural gas retail	77199
auctions, merchant-function exit, or the policies of this state	77200
relating to competitive natural gas markets as set forth in	77201
Chapter 4929. of the Revised Code.	77202

Sec. 4911.021. The consumers' counsel shall not operate a	77203
telephone call center for consumer complaints. Any calls received	77204
by the consumers' counsel concerning consumer complaints shall be	77205
forwarded to the public utilities commission's call center.	77206

Sec. 4927.17. (A) Except as provided in sections 4927.07 and	77207
4927.12 of the Revised Code and, if applicable, under rules	77208
adopted by the public utilities commission for the pilot program	77209
for community-voicemail service created in S.B. 162 of the 128th	77210
general assembly, a telephone company shall provide at least	77211
fifteen days' advance notice to its affected customers of any	77212
material change in the rates, terms, and conditions of a service	77213
and any change in the company's operations that are not	77214
transparent to customers and may impact service.	77215

(B) A telephone company shall inform its customers of the	77216
commission's toll-free number and e-mail address on all bills and	77217
disconnection notices ~~and any residential customers of the office~~	77218
~~of the consumers' counsel's toll-free number and e-mail address on~~	77219
~~all residential bills and disconnection notices~~.	77220

Sec. 4928.10. For the protection of consumers in this state,	77221
the public utilities commission shall adopt rules under division	77222
(A) of section 4928.06 of the Revised Code specifying the	77223
necessary minimum service requirements, on or after the starting	77224
date of competitive retail electric service, of an electric	77225
utility, electric services company, electric cooperative, or	77226
governmental aggregator subject to certification under section	77227
4928.08 of the Revised Code regarding the provision directly or	77228
through its billing and collection agent of competitive retail	77229
electric services for which it is subject to certification. Rules	77230
adopted under this section shall include a prohibition against	77231
unfair, deceptive, and unconscionable acts and practices in the	77232
marketing, solicitation, and sale of such a competitive retail	77233
electric service and in the administration of any contract for	77234
service, and also shall include additional consumer protections	77235
concerning all of the following:	77236

(A) Contract disclosure. The rules shall include requirements	77237
that an electric utility, electric services company, electric	77238
cooperative, or governmental aggregator subject to certification	77239
under section 4928.08 of the Revised Code do both of the	77240
following:	77241

(1) Provide consumers with adequate, accurate, and	77242
understandable pricing and terms and conditions of service,	77243
including any switching fees, and with a document containing the	77244
terms and conditions of pricing and service before the consumer	77245
enters into the contract for service;	77246

(2) Disclose the conditions under which a customer may	77247
rescind a contract without penalty.	77248

(B) Service termination. The rules shall include disclosure	77249
of the terms identifying how customers may switch or terminate	77250
service, including any required notice and any penalties.	77251

(C) Minimum content of customer bills. The rules shall	77252
include all of the following requirements, which shall be	77253
standardized:	77254

(1) Price disclosure and disclosures of total billing units	77255
for the billing period and historical annual usage;	77256

(2) To the maximum extent practicable, separate listing of	77257
each service component to enable a customer to recalculate its	77258
bill for accuracy;	77259

(3) Identification of the supplier of each service;

77260

(4) Statement of where and how payment may be made and	77261
provision of a toll-free or local customer assistance and	77262
complaint number for the electric utility, electric services	77263
company, electric cooperative, or governmental aggregator, as well	77264
as a consumer assistance telephone number or numbers for state	77265
agencies, such as the commission~~, the office of the consumers'~~	77266
~~counsel,~~ and the attorney general's office, with the available	77267
hours noted;	77268

(5) Other than for the first billing after the starting date	77269
of competitive retail electric service, highlighting and clear	77270
explanation on each customer bill, for two consecutive billing	77271
periods, of any changes in the rates, terms, and conditions of	77272
service.	77273

(D) Disconnection and service termination, including	77274
requirements with respect to master-metered buildings. The rules	77275
shall include policies and procedures that are consistent with	77276
sections 4933.121 and 4933.122 of the Revised Code and the	77277
commission's rules adopted under those sections, and that provide	77278
for all of the following:	77279

(1) Coordination between suppliers for the purpose of	77280
maintaining service;	77281

(2) The allocation of partial payments between suppliers when	77282
service components are jointly billed;	77283

(3) A prohibition against blocking, or authorizing the	77284
blocking of, customer access to a noncompetitive retail electric	77285
service when a customer is delinquent in payments to the electric	77286
utility or electric services company for a competitive retail	77287
electric service;	77288

(4) A prohibition against switching, or authorizing the	77289
switching of, a customer's supplier of competitive retail electric	77290
service without the prior consent of the customer in accordance	77291
with appropriate confirmation practices, which may include	77292
independent, third-party verification procedures.	77293

(5) A requirement of disclosure of the conditions under which	77294
a customer may rescind a decision to switch its supplier without	77295
penalty;	77296

(6) Specification of any required notice and any penalty for	77297
early termination of contract.	77298

(E) Minimum service quality, safety, and reliability.	77299
However, service quality, safety, and reliability requirements for	77300
electric generation service shall be determined primarily through	77301
market expectations and contractual relationships.	77302

(F) Generation resource mix and environmental characteristics	77303
of power supplies. The rules shall include requirements for	77304
determination of the approximate generation resource mix and	77305
environmental characteristics of the power supplies and disclosure	77306
to the customer prior to the customer entering into a contract to	77307
purchase and four times per year under the contract. The rules	77308
also shall require that the electric utility, electric services	77309
company, electric cooperative, or governmental aggregator provide,	77310
or cause its billing and collection agent to provide, a customer	77311
with standardized information comparing the projected, with the	77312
actual and verifiable, resource mix and environmental	77313
characteristics. This disclosure shall occur not less than	77314
annually or not less than once during the contract period if the	77315
contract period is less than one year, and prior to any renewal of	77316
a contract.	77317

(G) Customer information. The rules shall include	77318
requirements that the electric utility, electric services company,	77319
electric cooperative, or governmental aggregator make generic	77320
customer load pattern information available to other electric	77321
light companies on a comparable and nondiscriminatory basis, and	77322
make customer-specific information available to other electric	77323
light companies on a comparable and nondiscriminatory basis	77324
unless, as to customer-specific information, the customer objects.	77325
The rules shall ensure that each such utility, company,	77326
cooperative, or aggregator provide clear and frequent notice to	77327
its customers of the right to object and of applicable procedures.	77328
The rules shall establish the exact language that shall be used in	77329
all such notices.	77330

Sec. 4928.18. (A) Notwithstanding division (D)(2)~~(a)~~(b)(i)	77331
of section 4909.15 of the Revised Code, nothing in this chapter	77332
prevents the public utilities commission from exercising its	77333
authority under Title XLIX of the Revised Code to protect	77334
customers of retail electric service supplied by an electric	77335
utility from any adverse effect of the utility's provision of a	77336
product or service other than retail electric service.	77337

(B) The commission has jurisdiction under section 4905.26 of	77338
the Revised Code, upon complaint of any person or upon complaint	77339
or initiative of the commission on or after the starting date of	77340
competitive retail electric service, to determine whether an	77341
electric utility or its affiliate has violated any provision of	77342
section 4928.17 of the Revised Code or an order issued or rule	77343
adopted under that section. For this purpose, the commission may	77344
examine such books, accounts, or other records kept by an electric	77345
utility or its affiliate as may relate to the businesses for which	77346
corporate separation is required under section 4928.17 of the	77347
Revised Code, and may investigate such utility or affiliate	77348
operations as may relate to those businesses and investigate the	77349
interrelationship of those operations. Any such examination or	77350
investigation by the commission shall be governed by Chapter 4903.	77351
of the Revised Code.	77352

(C) In addition to any remedies otherwise provided by law,	77353
the commission, regarding a determination of a violation pursuant	77354
to division (B) of this section, may do any of the following:	77355

(1) Issue an order directing the utility or affiliate to	77356
comply;	77357

(2) Modify an order as the commission finds reasonable and	77358
appropriate and order the utility or affiliate to comply with the	77359
modified order;	77360

(3) Suspend or abrogate an order, in whole or in part;

77361

(4) Issue an order that the utility or affiliate pay	77362
restitution to any person injured by the violation or failure to	77363
comply;	77364

(D) In addition to any remedies otherwise provided by law,	77365
the commission, regarding a determination of a violation pursuant	77366
to division (B) of this section and commensurate with the severity	77367
of the violation, the source of the violation, any pattern of	77368
violations, or any monetary damages caused by the violation, may	77369
do either of the following:	77370

(1) Impose a forfeiture on the utility or affiliate of up to	77371
twenty-five thousand dollars per day per violation. The recovery	77372
and deposit of any such forfeiture shall be subject to sections	77373
4905.57 and 4905.59 of the Revised Code.	77374

(2) Regarding a violation by an electric utility relating to	77375
a corporate separation plan involving competitive retail electric	77376
service, suspend or abrogate all or part of an order, to the	77377
extent it is in effect, authorizing an opportunity for the utility	77378
to receive transition revenues under a transition plan approved by	77379
the commission under section 4928.33 of the Revised Code.	77380

Corporate separation under this section does not prohibit the	77381
common use of employee benefit plans, facilities, equipment, or	77382
employees, subject to proper accounting and the code of conduct	77383
ordered by the commission as provided in division (A)(1) of this	77384
section.	77385

(E) Section 4905.61 of the Revised Code applies in the case	77386
of any violation of section 4928.17 of the Revised Code or of any	77387
rule adopted or order issued under that section.	77388

Sec. 4928.20. (A) The legislative authority of a municipal	77389
corporation may adopt an ordinance, or the board of township	77390
trustees of a township or the board of county commissioners of a	77391
county may adopt a resolution, under which, on or after the	77392
starting date of competitive retail electric service, it may	77393
aggregate in accordance with this section the retail electrical	77394
loads located, respectively, within the municipal corporation,	77395
township, or unincorporated area of the county and, for that	77396
purpose, may enter into service agreements to facilitate for those	77397
loads the sale and purchase of electricity. The legislative	77398
authority or board also may exercise such authority jointly with	77399
any other such legislative authority or board. For customers that	77400
are not mercantile customers, an ordinance or resolution under	77401
this division shall specify whether the aggregation will occur	77402
only with the prior, affirmative consent of each person owning,	77403
occupying, controlling, or using an electric load center proposed	77404
to be aggregated or will occur automatically for all such persons	77405
pursuant to the opt-out requirements of division (D) of this	77406
section. The aggregation of mercantile customers shall occur only	77407
with the prior, affirmative consent of each such person owning,	77408
occupying, controlling, or using an electric load center proposed	77409
to be aggregated. Nothing in this division, however, authorizes	77410
the aggregation of the retail electric loads of an electric load	77411
center, as defined in section 4933.81 of the Revised Code, that is	77412
located in the certified territory of a nonprofit electric	77413
supplier under sections 4933.81 to 4933.90 of the Revised Code or	77414
an electric load center served by transmission or distribution	77415
facilities of a municipal electric utility.	77416

(B) If an ordinance or resolution adopted under division (A)	77417
of this section specifies that aggregation of customers that are	77418
not mercantile customers will occur automatically as described in	77419
that division, the ordinance or resolution shall direct the board	77420
of elections to submit the question of the authority to aggregate	77421
to the electors of the respective municipal corporation, township,	77422
or unincorporated area of a county at a special election on the	77423
day of the next primary or general election in the municipal	77424
corporation, township, or county. The legislative authority or	77425
board shall certify a copy of the ordinance or resolution to the	77426
board of elections not less than ninety days before the day of the	77427
special election. No ordinance or resolution adopted under	77428
division (A) of this section that provides for an election under	77429
this division shall take effect unless approved by a majority of	77430
the electors voting upon the ordinance or resolution at the	77431
election held pursuant to this division.	77432

(C) Upon the applicable requisite authority under divisions	77433
(A) and (B) of this section, the legislative authority or board	77434
shall develop a plan of operation and governance for the	77435
aggregation program so authorized. Before adopting a plan under	77436
this division, the legislative authority or board shall hold at	77437
least two public hearings on the plan. Before the first hearing,	77438
the legislative authority or board shall publish notice of the	77439
hearings once a week for two consecutive weeks in a newspaper of	77440
general circulation in the jurisdiction or as provided in section	77441
7.16 of the Revised Code. The notice shall summarize the plan and	77442
state the date, time, and location of each hearing.	77443

(D) No legislative authority or board, pursuant to an	77444
ordinance or resolution under divisions (A) and (B) of this	77445
section that provides for automatic aggregation of customers that	77446
are not mercantile customers as described in division (A) of this	77447
section, shall aggregate the electrical load of any electric load	77448
center located within its jurisdiction unless it in advance	77449
clearly discloses to the person owning, occupying, controlling, or	77450
using the load center that the person will be enrolled	77451
automatically in the aggregation program and will remain so	77452
enrolled unless the person affirmatively elects by a stated	77453
procedure not to be so enrolled. The disclosure shall state	77454
prominently the rates, charges, and other terms and conditions of	77455
enrollment. The stated procedure shall allow any person enrolled	77456
in the aggregation program the opportunity to opt out of the	77457
program every three years, without paying a switching fee. Any	77458
such person that opts out before the commencement of the	77459
aggregation program pursuant to the stated procedure shall default	77460
to the standard service offer provided under section 4928.14 or	77461
division (D) of section 4928.35 of the Revised Code until the	77462
person chooses an alternative supplier.	77463

(E)(1) With respect to a governmental aggregation for a	77464
municipal corporation that is authorized pursuant to divisions (A)	77465
to (D) of this section, resolutions may be proposed by initiative	77466
or referendum petitions in accordance with sections 731.28 to	77467
731.41 of the Revised Code.	77468

(2) With respect to a governmental aggregation for a township	77469
or the unincorporated area of a county, which aggregation is	77470
authorized pursuant to divisions (A) to (D) of this section,	77471
resolutions may be proposed by initiative or referendum petitions	77472
in accordance with sections 731.28 to 731.40 of the Revised Code,	77473
except that:	77474

(a) The petitions shall be filed, respectively, with the	77475
township fiscal officer or the board of county commissioners, who	77476
shall perform those duties imposed under those sections upon the	77477
city auditor or village clerk.	77478

(b) The petitions shall contain the signatures of not less	77479
than ten per cent of the total number of electors in,	77480
respectively, the township or the unincorporated area of the	77481
county who voted for the office of governor at the preceding	77482
general election for that office in that area.	77483

(F) A governmental aggregator under division (A) of this	77484
section is not a public utility engaging in the wholesale purchase	77485
and resale of electricity, and provision of the aggregated service	77486
is not a wholesale utility transaction. A governmental aggregator	77487
shall be subject to supervision and regulation by the public	77488
utilities commission only to the extent of any competitive retail	77489
electric service it provides and commission authority under this	77490
chapter.	77491

(G) This section does not apply in the case of a municipal	77492
corporation that supplies such aggregated service to electric load	77493
centers to which its municipal electric utility also supplies a	77494
noncompetitive retail electric service through transmission or	77495
distribution facilities the utility singly or jointly owns or	77496
operates.	77497

(H) A governmental aggregator shall not include in its	77498
aggregation the accounts of any of the following:	77499

(1) A customer that has opted out of the aggregation;

77500

(2) A customer in contract with a certified electric services	77501
company;	77502

(3) A customer that has a special contract with an electric	77503
distribution utility;	77504

(4) A customer that is not located within the governmental	77505
aggregator's governmental boundaries;	77506

(5) Subject to division (C) of section 4928.21 of the Revised	77507
Code, a customer who appears on the "do not aggregate" list	77508
maintained under that section.	77509

(I) Customers that are part of a governmental aggregation	77510
under this section shall be responsible only for such portion of a	77511
surcharge under section 4928.144 of the Revised Code that is	77512
proportionate to the benefits, as determined by the commission,	77513
that electric load centers within the jurisdiction of the	77514
governmental aggregation as a group receive. The proportionate	77515
surcharge so established shall apply to each customer of the	77516
governmental aggregation while the customer is part of that	77517
aggregation. If a customer ceases being such a customer, the	77518
otherwise applicable surcharge shall apply. Nothing in this	77519
section shall result in less than full recovery by an electric	77520
distribution utility of any surcharge authorized under section	77521
4928.144 of the Revised Code.	77522

(J) On behalf of the customers that are part of a	77523
governmental aggregation under this section and by filing written	77524
notice with the public utilities commission, the legislative	77525
authority that formed or is forming that governmental aggregation	77526
may elect not to receive standby service within the meaning of	77527
division (B)(2)(d) of section 4928.143 of the Revised Code from an	77528
electric distribution utility in whose certified territory the	77529
governmental aggregation is located and that operates under an	77530
approved electric security plan under that section. Upon the	77531
filing of that notice, the electric distribution utility shall not	77532
charge any such customer to whom competitive retail electric	77533
generation service is provided by another supplier under the	77534
governmental aggregation for the standby service. Any such	77535
consumer that returns to the utility for competitive retail	77536
electric service shall pay the market price of power incurred by	77537
the utility to serve that consumer plus any amount attributable to	77538
the utility's cost of compliance with the alternative energy	77539
resource provisions of section 4928.64 of the Revised Code to	77540
serve the consumer. Such market price shall include, but not be	77541
limited to, capacity and energy charges; all charges associated	77542
with the provision of that power supply through the regional	77543
transmission organization, including, but not limited to,	77544
transmission, ancillary services, congestion, and settlement and	77545
administrative charges; and all other costs incurred by the	77546
utility that are associated with the procurement, provision, and	77547
administration of that power supply, as such costs may be approved	77548
by the commission. The period of time during which the market	77549
price and alternative energy resource amount shall be so assessed	77550
on the consumer shall be from the time the consumer so returns to	77551
the electric distribution utility until the expiration of the	77552
electric security plan. However, if that period of time is	77553
expected to be more than two years, the commission may reduce the	77554
time period to a period of not less than two years.	77555

(K) The commission shall adopt rules to encourage and promote	77556
large-scale governmental aggregation in this state. For that	77557
purpose, the commission shall conduct an immediate review of any	77558
rules it has adopted for the purpose of this section that are in	77559
effect on the effective date of the amendment of this section by	77560
S.B. 221 of the 127th general assembly, July 31, 2008. Further,	77561
within the context of an electric security plan under section	77562
4928.143 of the Revised Code, the commission shall consider the	77563
effect on large-scale governmental aggregation of any	77564
nonbypassable generation charges, however collected, that would be	77565
established under that plan, except any nonbypassable generation	77566
charges that relate to any cost incurred by the electric	77567
distribution utility, the deferral of which has been authorized by	77568
the commission prior to the effective date of the amendment of	77569
this section by S.B. 221 of the 127th general assembly, July 31,	77570
2008.	77571

Sec. 4929.22. For the protection of consumers in this state,	77572
the public utilities commission shall adopt rules under section	77573
4929.10 of the Revised Code specifying the necessary minimum	77574
service requirements of a retail natural gas supplier or	77575
governmental aggregator subject to certification under section	77576
4929.20 of the Revised Code regarding the marketing, solicitation,	77577
sale, or provision, directly or through its billing and collection	77578
agent, of any competitive retail natural gas service for which it	77579
is subject to certification. Rules adopted under this section	77580
shall include additional consumer protections concerning all of	77581
the following:	77582

(A) Contract disclosure. The rules shall include requirements	77583
that a retail natural gas supplier or governmental aggregator	77584
subject to certification under section 4929.20 of the Revised Code	77585
do both of the following:	77586

(1) Provide consumers with adequate, accurate, and	77587
understandable pricing and terms and conditions of service,	77588
including any switching fees, and with a document containing the	77589
terms and conditions of pricing and service before the consumer	77590
enters into the contract for service;	77591

(2) Disclose the conditions under which a customer may	77592
rescind a contract without penalty.	77593

(B) Service qualification and termination. The rules shall	77594
include a requirement that, before a consumer is eligible for	77595
service from a retail natural gas supplier or governmental	77596
aggregator subject to certification under section 4929.20 of the	77597
Revised Code, the consumer shall discharge, or enter into a plan	77598
to discharge, all existing arrearages owed to or being billed by	77599
the natural gas company from which the consumer presently is	77600
receiving service. The rules also shall provide for disclosure of	77601
the terms identifying how customers may switch or terminate	77602
service, including any required notice and any penalties.	77603

(C) Minimum content of customer bills. The rules shall	77604
include all of the following requirements, which shall be	77605
standardized:	77606

(1) Price disclosure and disclosures of total billing units	77607
for the billing period and historical annual usage;	77608

(2) To the maximum extent practicable, separate listing of	77609
each service component to enable a customer to recalculate its	77610
bill for accuracy;	77611

(3) Identification of the supplier of each service;

77612

(4) Statement of where and how payment may be made and	77613
provision of a toll-free or local customer assistance and	77614
complaint number for the retail natural gas supplier or	77615
governmental aggregator, as well as a consumer assistance	77616
telephone number or numbers for state agencies, such as the	77617
commission~~, the office of the consumers' counsel,~~ and the attorney	77618
general's office, with the available hours noted;	77619

(5) Other than for the first billing after the effective date	77620
of initial rules adopted pursuant to division (A) of section	77621
4929.20 of the Revised Code, highlighting and clear explanation on	77622
each customer bill, for two consecutive billing periods, of any	77623
changes in the rates, terms, and conditions of service.	77624

(D) Disconnection and service termination, including	77625
requirements with respect to master-metered buildings. The rules	77626
shall include policies and procedures that are consistent with	77627
sections 4933.12 and 4933.122 of the Revised Code and the	77628
commission's rules adopted under those sections, and that provide	77629
for all of the following:	77630

(1) Coordination between suppliers for the purpose of	77631
maintaining service;	77632

(2) The allocation of partial payments between suppliers when	77633
service components are jointly billed;	77634

(3) A prohibition against switching, or authorizing the	77635
switching of, a customer's supplier of competitive retail natural	77636
gas service without the prior consent of the customer in	77637
accordance with appropriate confirmation practices, which may	77638
include independent, third-party verification procedures;	77639

(4) A requirement of disclosure of the conditions under which	77640
a customer may rescind a decision to switch its supplier without	77641
penalty;	77642

(5) Specification of any required notice and any penalty for	77643
early termination of contract.	77644

(E) Minimum service quality, safety, and reliability.

77645

(F) Customer information. The rules shall include	77646
requirements that a natural gas company make generic customer load	77647
pattern information available to a retail natural gas supplier or	77648
governmental aggregator as defined in division (K)(1) or (2) of	77649
section 4929.01 of the Revised Code on a comparable and	77650
nondiscriminatory basis, and make customer information available	77651
to a retail natural gas supplier or governmental aggregator as	77652
defined in division (K)(1) or (2) of section 4929.01 of the	77653
Revised Code on a comparable and nondiscriminatory basis unless,	77654
as to customer information, the customer objects. The rules shall	77655
ensure that each natural gas company provide clear and frequent	77656
notice to its customers of the right to object and of applicable	77657
procedures. The rules shall establish the exact language that	77658
shall be used in all such notices. The rules also shall require	77659
that, upon the request of a governmental aggregator defined in	77660
division (K)(1) of section 4929.01 of the Revised Code, solely for	77661
purposes of the disclosure required by division (D) of section	77662
4929.26 of the Revised Code, or for purposes of a governmental	77663
aggregator defined in division (K)(2) of section 4929.01 of the	77664
Revised Code, a natural gas company or retail natural gas supplier	77665
must provide the governmental aggregator, in a timely manner and	77666
at such cost as the commission shall provide for in the rules,	77667
with the billing names and addresses of the customers of the	77668
company or supplier whose retail natural gas loads are to be	77669
included in the governmental aggregation.	77670

(G) Ohio office. The rules shall require that a retail	77671
natural gas supplier maintain an office and an employee in this	77672
state.	77673

Sec. 4929.26. (A)(1) The legislative authority of a	77674
municipal corporation may adopt an ordinance, or the board of	77675
township trustees of a township or the board of county	77676
commissioners of a county may adopt a resolution, under which, in	77677
accordance with this section and except as otherwise provided in	77678
division (A)(2) of this section, the legislative authority or	77679
board may aggregate automatically, subject to the opt-out	77680
requirements of division (D) of this section, competitive retail	77681
natural gas service for the retail natural gas loads that are	77682
located, respectively, within the municipal corporation, township,	77683
or unincorporated area of the county and for which there is a	77684
choice of supplier of that service as a result of revised	77685
schedules approved under division (C) of section 4929.29 of the	77686
Revised Code, a rule or order adopted or issued by the commission	77687
under Chapter 4905. of the Revised Code, or an exemption granted	77688
by the commission under sections 4929.04 to 4929.08 of the Revised	77689
Code. An ordinance or a resolution adopted under this section	77690
shall expressly state that it is adopted pursuant to the authority	77691
conferred by this section. The legislative authority or board also	77692
may exercise its authority under this section jointly with any	77693
other such legislative authority or board. For the purpose of the	77694
aggregation, the legislative authority or board may enter into	77695
service agreements to facilitate the sale and purchase of the	77696
service for the retail natural gas loads.	77697

(2)(a) No aggregation under an ordinance or resolution	77698
adopted under division (A)(1) of this section shall include the	77699
retail natural gas load of any person that meets any of the	77700
following criteria:	77701

(i) The person is both a distribution service customer and a	77702
mercantile customer on the date of commencement of service to the	77703
aggregated load, or the person becomes a distribution service	77704
customer after that date and also is a mercantile customer.	77705

(ii) The person is supplied with commodity sales service	77706
pursuant to a contract with a retail natural gas supplier that is	77707
in effect on the effective date of the ordinance or resolution.	77708

(iii) The person is supplied with commodity sales service as	77709
part of a retail natural gas load aggregation provided for	77710
pursuant to a rule or order adopted or issued by the commission	77711
under this chapter or Chapter 4905. of the Revised Code.	77712

(b) Nothing in division (A)(2)(a) of this section precludes a	77713
governmental aggregation under this section from permitting the	77714
retail natural gas load of a person described in division	77715
(A)(2)(a) of this section from being included in the aggregation	77716
upon the expiration of any contract or aggregation as described in	77717
division (A)(2)(a)(ii) or (iii) of this section or upon the person	77718
no longer being a customer as described in division (A)(2)(a)(i)	77719
of this section or qualifying to be included in an aggregation	77720
described under division (A)(2)(a)(iii) of this section.	77721

(B) An ordinance or resolution adopted under division (A) of	77722
this section shall direct the board of elections to submit the	77723
question of the authority to aggregate to the electors of the	77724
respective municipal corporation, township, or unincorporated area	77725
of a county at a special election on the day of the next primary	77726
or general election in the municipal corporation, township, or	77727
county. The legislative authority or board shall certify a copy of	77728
the ordinance or resolution to the board of elections not less	77729
than ninety days before the day of the special election. No	77730
ordinance or resolution adopted under division (A) of this section	77731
that provides for an election under this division shall take	77732
effect unless approved by a majority of the electors voting upon	77733
the ordinance or resolution at the election held pursuant to this	77734
division.	77735

(C) Upon the applicable requisite authority under divisions	77736
(A) and (B) of this section, the legislative authority or board	77737
shall develop a plan of operation and governance for the	77738
aggregation program so authorized. Before adopting a plan under	77739
this division, the legislative authority or board shall hold at	77740
least two public hearings on the plan. Before the first hearing,	77741
the legislative authority or board shall publish notice of the	77742
hearings once a week for two consecutive weeks in a newspaper of	77743
general circulation in the jurisdiction or as provided in section	77744
7.16 of the Revised Code. The notice shall summarize the plan and	77745
state the date, time, and location of each hearing.	77746

(D) No legislative authority or board, pursuant to an	77747
ordinance or resolution under divisions (A) and (B) of this	77748
section, shall aggregate any retail natural gas load located	77749
within its jurisdiction unless it in advance clearly discloses to	77750
the person whose retail natural gas load is to be so aggregated	77751
that the person will be enrolled automatically in the aggregation	77752
and will remain so enrolled unless the person affirmatively elects	77753
by a stated procedure not to be so enrolled. The disclosure shall	77754
state prominently the rates, charges, and other terms and	77755
conditions of enrollment. The stated procedure shall allow any	77756
person enrolled in the aggregation the opportunity to opt out of	77757
the aggregation every two years, without paying a switching fee.	77758
Any such person that opts out of the aggregation pursuant to the	77759
stated procedure shall default to the natural gas company	77760
providing distribution service for the person's retail natural gas	77761
load, until the person chooses an alternative supplier.	77762

(E)(1) With respect to a governmental aggregation for a	77763
municipal corporation that is authorized pursuant to divisions (A)	77764
to (D) of this section, resolutions may be proposed by initiative	77765
or referendum petitions in accordance with sections 731.28 to	77766
731.41 of the Revised Code.	77767

(2) With respect to a governmental aggregation for a township	77768
or the unincorporated area of a county, which aggregation is	77769
authorized pursuant to divisions (A) to (D) of this section,	77770
resolutions may be proposed by initiative or referendum petitions	77771
in accordance with sections 731.28 to 731.40 of the Revised Code,	77772
except that:	77773

(a) The petitions shall be filed, respectively, with the	77774
township fiscal officer or the board of county commissioners, who	77775
shall perform those duties imposed under those sections upon the	77776
city auditor or village clerk.	77777

(b) The petitions shall contain the signatures of not less	77778
than ten per cent of the total number of electors in the township	77779
or the unincorporated area of the county, respectively, who voted	77780
for the office of governor at the preceding general election for	77781
that office in that area.	77782

(F) A governmental aggregator under division (A) of this	77783
section is not a public utility engaging in the wholesale purchase	77784
and resale of natural gas, and provision of the aggregated service	77785
is not a wholesale utility transaction. A governmental aggregator	77786
shall be subject to supervision and regulation by the public	77787
utilities commission only to the extent of any competitive retail	77788
natural gas service it provides and commission authority under	77789
this chapter.	77790

Sec. 4929.27. (A)(1) The legislative authority of a	77791
municipal corporation may adopt an ordinance, or the board of	77792
township trustees of a township or the board of county	77793
commissioners of a county may adopt a resolution, under which, in	77794
accordance with this section and except as otherwise provided in	77795
division (A)(2) of this section, the legislative authority or	77796
board may aggregate, with the prior consent of each person whose	77797
retail natural gas load is proposed to be aggregated, competitive	77798
retail natural gas service for any such retail natural gas load	77799
that is located, respectively, within the municipal corporation,	77800
township, or unincorporated area of the county and for which there	77801
is a choice of supplier of that service as a result of revised	77802
schedules approved under division (C) of section 4929.29 of the	77803
Revised Code, a rule or order adopted or issued by the commission	77804
under Chapter 4905. of the Revised Code, or an exemption granted	77805
by the commission under sections 4929.04 to 4929.08 of the Revised	77806
Code. An ordinance or a resolution adopted under this section	77807
shall expressly state that it is adopted pursuant to the authority	77808
conferred by this section. The legislative authority or board also	77809
may exercise such authority jointly with any other such	77810
legislative authority or board. For the purpose of the	77811
aggregation, the legislative authority or board may enter into	77812
service agreements to facilitate the sale and purchase of the	77813
service for the retail natural gas loads.	77814

(2)(a) No aggregation under an ordinance or resolution	77815
adopted under division (A)(1) of this section shall include the	77816
retail natural gas load of any person that meets either of the	77817
following criteria:	77818

(i) The person is supplied with commodity sales service	77819
pursuant to a contract with a retail natural gas supplier that is	77820
in effect on the effective date of the ordinance or resolution.	77821

(ii) The person is supplied with commodity sales service as	77822
part of a retail natural gas load aggregation provided for	77823
pursuant to a rule or order adopted or issued by the commission	77824
under this chapter or Chapter 4905. of the Revised Code.	77825

(b) Nothing in division (A)(2)(a) of this section precludes a	77826
governmental aggregation under this section from permitting the	77827
retail natural gas load of a person described in division	77828
(A)(2)(a) of this section from being included in the aggregation	77829
upon the expiration of any contract or aggregation as described in	77830
division (A)(2)(a)(i) or (ii) of this section or upon the person	77831
no longer qualifying to be included in an aggregation.	77832

(B) Upon the applicable requisite authority under division	77833
(A) of this section, the legislative authority or board shall	77834
develop a plan of operation and governance for the aggregation	77835
program so authorized. Before adopting a plan under this division,	77836
the legislative authority or board shall hold at least two public	77837
hearings on the plan. Before the first hearing, the legislative	77838
authority or board shall publish notice of the hearings once a	77839
week for two consecutive weeks in a newspaper of general	77840
circulation in the jurisdiction or as provided in section 7.16 of	77841
the Revised Code. The notice shall summarize the plan and state	77842
the date, time, and location of each hearing.	77843

(C)(1) With respect to a governmental aggregation for a	77844
municipal corporation that is authorized pursuant to division (A)	77845
of this section, resolutions may be proposed by initiative or	77846
referendum petitions in accordance with sections 731.28 to 731.41	77847
of the Revised Code.	77848

(2) With respect to a governmental aggregation for a township	77849
or the unincorporated area of a county, which aggregation is	77850
authorized pursuant to division (A) of this section, resolutions	77851
may be proposed by initiative or referendum petitions in	77852
accordance with sections 731.28 to 731.40 of the Revised Code,	77853
except that:	77854

(a) The petitions shall be filed, respectively, with the	77855
township fiscal officer or the board of county commissioners, who	77856
shall perform those duties imposed under those sections upon the	77857
city auditor or village clerk.	77858

(b) The petitions shall contain the signatures of not less	77859
than ten per cent of the total number of electors in the township	77860
or the unincorporated area of the county, respectively, who voted	77861
for the office of governor at the preceding general election for	77862
that office in that area.	77863

(D) A governmental aggregator under division (A) of this	77864
section is not a public utility engaging in the wholesale purchase	77865
and resale of natural gas, and provision of the aggregated service	77866
is not a wholesale utility transaction. A governmental aggregator	77867
shall be subject to supervision and regulation by the public	77868
utilities commission only to the extent of any competitive retail	77869
natural gas service it provides and commission authority under	77870
this chapter.	77871

Sec. 4931.51. (A)(1) For the purpose of paying the costs of	77872
establishing, equipping, and furnishing one or more public safety	77873
answering points as part of a countywide 9-1-1 system effective	77874
under division (B) of section 4931.44 of the Revised Code and	77875
paying the expense of administering and enforcing this section,	77876
the board of county commissioners of a county, in accordance with	77877
this section, may fix and impose, on each lot or parcel of real	77878
property in the county that is owned by a person, municipal	77879
corporation, township, or other political subdivision and is	77880
improved, or is in the process of being improved, reasonable	77881
charges to be paid by each such owner. The charges shall be	77882
sufficient to pay only the estimated allowed costs and shall be	77883
equal in amount for all such lots or parcels.	77884

(2) For the purpose of paying the costs of operating and	77885
maintaining the answering points and paying the expense of	77886
administering and enforcing this section, the board, in accordance	77887
with this section, may fix and impose reasonable charges to be	77888
paid by each owner, as provided in division (A)(1) of this	77889
section, that shall be sufficient to pay only the estimated	77890
allowed costs and shall be equal in amount for all such lots or	77891
parcels. The board may fix and impose charges under this division	77892
pursuant to a resolution adopted for the purposes of both	77893
divisions (A)(1) and (2) of this section or pursuant to a	77894
resolution adopted solely for the purpose of division (A)(2) of	77895
this section, and charges imposed under division (A)(2) of this	77896
section may be separately imposed or combined with charges imposed	77897
under division (A)(1) of this section.	77898

(B) Any board adopting a resolution under this section	77899
pursuant to a final plan initiating the establishment of a 9-1-1	77900
system or pursuant to an amendment to a final plan shall adopt the	77901
resolution within sixty days after the board receives the final	77902
plan for the 9-1-1 system pursuant to division (C) of section	77903
4931.43 of the Revised Code. The board by resolution may change	77904
any charge imposed under this section whenever the board considers	77905
it advisable. Any resolution adopted under this section shall	77906
declare whether securities will be issued under Chapter 133. of	77907
the Revised Code in anticipation of the collection of unpaid	77908
special assessments levied under this section.	77909

(C) The board shall adopt a resolution under this section at	77910
a public meeting held in accordance with section 121.22 of the	77911
Revised Code. Additionally, the board, before adopting any such	77912
resolution, shall hold at least two public hearings on the	77913
proposed charges. Prior to the first hearing, the board shall	77914
publish notice of the hearings once a week for two consecutive	77915
weeks in a newspaper of general circulation in the county or as	77916
provided in section 7.16 of the Revised Code. The notice shall	77917
include a listing of the charges proposed in the resolution and	77918
the date, time, and location of each of the hearings. The board	77919
shall hear any person who wishes to testify on the charges or the	77920
resolution.	77921

(D) No resolution adopted under this section shall be	77922
effective sooner than thirty days following its adoption nor shall	77923
any such resolution be adopted as an emergency measure. The	77924
resolution is subject to a referendum in accordance with sections	77925
305.31 to 305.41 of the Revised Code unless, in the resolution,	77926
the board of county commissioners directs the board of elections	77927
of the county to submit the question of imposing the charges to	77928
the electors of the county at the next primary or general election	77929
in the county occurring not less than ninety days after the	77930
resolution is certified to the board. No resolution shall go into	77931
effect unless approved by a majority of those voting upon it in	77932
any election allowed under this division.	77933

(E) To collect charges imposed under division (A) of this	77934
section, the board of county commissioners shall certify them to	77935
the county auditor of the county who then shall place them upon	77936
the real property duplicate against the properties to be assessed,	77937
as provided in division (A) of this section. Each assessment shall	77938
bear interest at the same rate that securities issued in	77939
anticipation of the collection of the assessments bear, is a lien	77940
on the property assessed from the date placed upon the real	77941
property duplicate by the auditor, and shall be collected in the	77942
same manner as other taxes.	77943

(F) All money collected by or on behalf of a county under	77944
this section shall be paid to the county treasurer of the county	77945
and kept in a separate and distinct fund to the credit of the	77946
county. The fund shall be used to pay the costs allowed in	77947
division (A) of this section and specified in the resolution	77948
adopted under that division. In no case shall any surplus so	77949
collected be expended for other than the use and benefit of the	77950
county.	77951

Sec. 4931.52. (A) This section applies only to a county that	77952
meets both of the following conditions:	77953

(1) A final plan for a countywide 9-1-1 system either has not	77954
been approved in the county under section 4931.44 of the Revised	77955
Code or has been approved but has not been put into operation	77956
because of a lack of funding;	77957

(2) The board of county commissioners, at least once, has	77958
submitted to the electors of the county the question of raising	77959
funds for a 9-1-1 system under section 4931.51, 5705.19, or	77960
5739.026 of the Revised Code, and a majority of the electors has	77961
disapproved the question each time it was submitted.	77962

(B) A board of county commissioners may adopt a resolution	77963
imposing a monthly charge on telephone access lines to pay for the	77964
equipment costs of establishing and maintaining no more than three	77965
public safety answering points of a countywide 9-1-1 system, which	77966
public safety answering points shall be only twenty-four-hour	77967
dispatching points already existing in the county. The resolution	77968
shall state the amount of the charge, which shall not exceed fifty	77969
cents per month, and the month the charge will first be imposed,	77970
which shall be no earlier than four months after the special	77971
election held pursuant to this section. Each residential and	77972
business telephone company customer within the area served by the	77973
9-1-1 system shall pay the monthly charge for each of its	77974
residential or business customer access lines or their equivalent.	77975

Before adopting a resolution under this division, the board	77976
of county commissioners shall hold at least two public hearings on	77977
the proposed charge. Before the first hearing, the board shall	77978
publish notice of the hearings once a week for two consecutive	77979
weeks in a newspaper of general circulation in the county or as	77980
provided in section 7.16 of the Revised Code. The notice shall	77981
state the amount of the proposed charge, an explanation of the	77982
necessity for the charge, and the date, time, and location of each	77983
of the hearings.	77984

(C) A resolution adopted under division (B) of this section	77985
shall direct the board of elections to submit the question of	77986
imposing the charge to the electors of the county at a special	77987
election on the day of the next primary or general election in the	77988
county. The board of county commissioners shall certify a copy of	77989
the resolution to the board of elections not less than ninety days	77990
before the day of the special election. No resolution adopted	77991
under division (B) of this section shall take effect unless	77992
approved by a majority of the electors voting upon the resolution	77993
at an election held pursuant to this section.	77994

In any year, the board of county commissioners may impose a	77995
lesser charge than the amount originally approved by the electors.	77996
The board may change the amount of the charge no more than once a	77997
year. The board may not impose a charge greater than the amount	77998
approved by the electors without first holding an election on the	77999
question of the greater charge.	78000

(D) Money raised from a monthly charge on telephone access	78001
lines under this section shall be deposited into a special fund	78002
created in the county treasury by the board of county	78003
commissioners pursuant to section 5705.12 of the Revised Code, to	78004
be used only for the necessary equipment costs of establishing and	78005
maintaining no more than three public safety answering points of a	78006
countywide 9-1-1 system pursuant to a resolution adopted under	78007
division (B) of this section. In complying with this division, any	78008
county may seek the assistance of the public utilities commission	78009
with regard to operating and maintaining a 9-1-1 system.	78010

(E) Pursuant to the voter approval required by division (C)	78011
of this section, the final plan for a countywide 9-1-1 system that	78012
will be funded through a monthly charge imposed in accordance with	78013
this section shall be amended by the existing 9-1-1 planning	78014
committee, and the amendment of such a final plan is not an	78015
amendment of a final plan for the purpose of division (A) of	78016
section 4931.45 of the Revised Code.	78017

Sec. 4931.53. (A) This section applies only to a county that	78018
has a final plan for a countywide 9-1-1 system that either has not	78019
been approved in the county under section 4931.44 of the Revised	78020
Code or has been approved but has not been put into operation	78021
because of a lack of funding.	78022

(B) A board of county commissioners may adopt a resolution	78023
imposing a monthly charge on telephone access lines to pay for the	78024
operating and equipment costs of establishing and maintaining no	78025
more than one public safety answering point of a countywide 9-1-1	78026
system. The resolution shall state the amount of the charge, which	78027
shall not exceed fifty cents per month, and the month the charge	78028
will first be imposed, which shall be no earlier than four months	78029
after the special election held pursuant to this section. Each	78030
residential and business telephone company customer within the	78031
area of the county served by the 9-1-1 system shall pay the	78032
monthly charge for each of its residential or business customer	78033
access lines or their equivalent.	78034

Before adopting a resolution under this division, the board	78035
of county commissioners shall hold at least two public hearings on	78036
the proposed charge. Before the first hearing, the board shall	78037
publish notice of the hearings once a week for two consecutive	78038
weeks in a newspaper of general circulation in the county or as	78039
provided in section 7.16 of the Revised Code. The notice shall	78040
state the amount of the proposed charge, an explanation of the	78041
necessity for the charge, and the date, time, and location of each	78042
of the hearings.	78043

(C) A resolution adopted under division (B) of this section	78044
shall direct the board of elections to submit the question of	78045
imposing the charge to the electors of the county at a special	78046
election on the day of the next primary or general election in the	78047
county. The board of county commissioners shall certify a copy of	78048
the resolution to the board of elections not less than ninety days	78049
before the day of the special election. No resolution adopted	78050
under division (B) of this section shall take effect unless	78051
approved by a majority of the electors voting upon the resolution	78052
at an election held pursuant to this section.	78053

In any year, the board of county commissioners may impose a	78054
lesser charge than the amount originally approved by the electors.	78055
The board may change the amount of the charge no more than once a	78056
year. The board shall not impose a charge greater than the amount	78057
approved by the electors without first holding an election on the	78058
question of the greater charge.	78059

(D) Money raised from a monthly charge on telephone access	78060
lines under this section shall be deposited into a special fund	78061
created in the county treasury by the board of county	78062
commissioners pursuant to section 5705.12 of the Revised Code, to	78063
be used only for the necessary operating and equipment costs of	78064
establishing and maintaining no more than one public safety	78065
answering point of a countywide 9-1-1 system pursuant to a	78066
resolution adopted under division (B) of this section. In	78067
complying with this division, any county may seek the assistance	78068
of the public utilities commission with regard to operating and	78069
maintaining a 9-1-1 system.	78070

(E) Nothing in sections 4931.40 to 4931.53 of the Revised	78071
Code precludes a final plan adopted in accordance with those	78072
sections from being amended to provide that, by agreement included	78073
in the plan, a public safety answering point of another countywide	78074
9-1-1 system is the public safety answering point of a countywide	78075
9-1-1 system funded through a monthly charge imposed in accordance	78076
with this section. In that event, the county for which the public	78077
safety answering point is provided shall be deemed the subdivision	78078
operating the public safety answering point for purposes of	78079
sections 4931.40 to 4931.53 of the Revised Code, except that, for	78080
the purpose of division (D) of section 4931.41 of the Revised	78081
Code, the county shall pay only so much of the costs associated	78082
with establishing, equipping, furnishing, operating, or	78083
maintaining the public safety answering point specified in the	78084
agreement included in the final plan.	78085

(F) Pursuant to the voter approval required by division (C)	78086
of this section, the final plan for a countywide 9-1-1 system that	78087
will be funded through a monthly charge imposed in accordance with	78088
this section, or that will be amended to include an agreement	78089
described in division (E) of this section, shall be amended by the	78090
existing 9-1-1 planning committee, and the amendment of such a	78091
final plan is not an amendment of a final plan for the purpose of	78092
division (A) of section 4931.45 of the Revised Code.	78093

Sec. 5101.16. (A) As used in this section and sections	78094
5101.161 and 5101.162 of the Revised Code:	78095

(1) "Disability financial assistance" means the financial	78096
assistance program established under Chapter 5115. of the Revised	78097
Code.	78098

(2) " Supplemental nutrition assistance program" means the	78099
program administered by the department of job and family services	78100
pursuant to section 5101.54 of the Revised Code.	78101

(3) "Medicaid" means the medical assistance program	78102
established by Chapter 5111. of the Revised Code, excluding	78103
transportation services provided under that chapter.	78104

(4) "Ohio works first" means the program established by	78105
Chapter 5107. of the Revised Code.	78106

(5) "Prevention, retention, and contingency" means the	78107
program established by Chapter 5108. of the Revised Code.	78108

(6) "Public assistance expenditures" means expenditures for	78109
all of the following:	78110

(a) Ohio works first;

78111

(b) County administration of Ohio works first;

78112

78113

(d) County administration of prevention, retention, and	78114
contingency;	78115

(e) Disability financial assistance;

78116

(f) County administration of disability financial assistance;

78117

(g) County administration of the supplemental nutrition	78118
assistance program;	78119

(h) County administration of medicaid.

78120

(7) "Title IV-A program" has the same meaning as in section	78121
5101.80 of the Revised Code.	78122

(B) Each board of county commissioners shall pay the county	78123
share of public assistance expenditures in accordance with section	78124
5101.161 of the Revised Code. Except as provided in division (C)	78125
of this section, a county's share of public assistance	78126
expenditures is the sum of all of the following for state fiscal	78127
year 1998 and each state fiscal year thereafter:	78128

(1) The amount that is twenty-five per cent of the county's	78129
total expenditures for disability financial assistance and county	78130
administration of that program during the state fiscal year ending	78131
in the previous calendar year that the department of job and	78132
family services determines are allowable.	78133

(2) The amount that is ten per cent, or other percentage	78134
determined under division (D) of this section, of the county's	78135
total expenditures for county administration of the supplemental	78136
nutrition assistance program and medicaid during the state fiscal	78137
year ending in the previous calendar year that the department	78138
determines are allowable, less the amount of federal reimbursement	78139
credited to the county under division (E) of this section for the	78140
state fiscal year ending in the previous calendar year;	78141

(3) A percentage of the actual amount of the county share of	78142
program and administrative expenditures during federal fiscal year	78143
1994 for assistance and services, other than child care, provided	78144
under Titles IV-A and IV-F of the "Social Security Act," 49 Stat.	78145
620 (1935), 42 U.S.C. 301, as those titles existed prior to the	78146
enactment of the "Personal Responsibility and Work Opportunity	78147
Reconciliation Act of 1996," 110 Stat. 2105. The department of job	78148
and family services shall determine the actual amount of the	78149
county share from expenditure reports submitted to the United	78150
States department of health and human services. The percentage	78151
shall be the percentage established in rules adopted under	78152
division (F) of this section.	78153

(C)(1) If a county's share of public assistance expenditures	78154
determined under division (B) of this section for a state fiscal	78155
year exceeds one hundred ~~ten~~five per cent of the county's share	78156
for those expenditures for the immediately preceding state fiscal	78157
year, the department of job and family services shall reduce the	78158
county's share for expenditures under divisions (B)(1) and (2) of	78159
this section so that the total of the county's share for	78160
expenditures under division (B) of this section equals one hundred	78161
~~ten~~five per cent of the county's share of those expenditures for	78162
the immediately preceding state fiscal year.	78163

(2) A county's share of public assistance expenditures	78164
determined under division (B) of this section may be increased	78165
pursuant to section 5101.163 of the Revised Code and a sanction	78166
under section 5101.24 of the Revised Code. An increase made	78167
pursuant to section 5101.163 of the Revised Code may cause the	78168
county's share to exceed the limit established by division (C)(1)	78169
of this section.	78170

(D)(1) If the per capita tax duplicate of a county is less	78171
than the per capita tax duplicate of the state as a whole and	78172
division (D)(2) of this section does not apply to the county, the	78173
percentage to be used for the purpose of division (B)(2) of this	78174
section is the product of ten multiplied by a fraction of which	78175
the numerator is the per capita tax duplicate of the county and	78176
the denominator is the per capita tax duplicate of the state as a	78177
whole. The department of job and family services shall compute the	78178
per capita tax duplicate for the state and for each county by	78179
dividing the tax duplicate for the most recent available year by	78180
the current estimate of population prepared by the department of	78181
development.	78182

(2) If the percentage of families in a county with an annual	78183
income of less than three thousand dollars is greater than the	78184
percentage of such families in the state and division (D)(1) of	78185
this section does not apply to the county, the percentage to be	78186
used for the purpose of division (B)(2) of this section is the	78187
product of ten multiplied by a fraction of which the numerator is	78188
the percentage of families in the state with an annual income of	78189
less than three thousand dollars a year and the denominator is the	78190
percentage of such families in the county. The department of job	78191
and family services shall compute the percentage of families with	78192
an annual income of less than three thousand dollars for the state	78193
and for each county by multiplying the most recent estimate of	78194
such families published by the department of development, by a	78195
fraction, the numerator of which is the estimate of average annual	78196
personal income published by the bureau of economic analysis of	78197
the United States department of commerce for the year on which the	78198
census estimate is based and the denominator of which is the most	78199
recent such estimate published by the bureau.	78200

(3) If the per capita tax duplicate of a county is less than	78201
the per capita tax duplicate of the state as a whole and the	78202
percentage of families in the county with an annual income of less	78203
than three thousand dollars is greater than the percentage of such	78204
families in the state, the percentage to be used for the purpose	78205
of division (B)(2) of this section shall be determined as follows:	78206

(a) Multiply ten by the fraction determined under division	78207
(D)(1) of this section;	78208

(b) Multiply the product determined under division (D)(3)(a)	78209
of this section by the fraction determined under division (D)(2)	78210
of this section.	78211

(4) The department of job and family services shall	78212
determine, for each county, the percentage to be used for the	78213
purpose of division (B)(2) of this section not later than the	78214
first day of July of the year preceding the state fiscal year for	78215
which the percentage is used.	78216

(E) The department of job and family services shall credit to	78217
a county the amount of federal reimbursement the department	78218
receives from the United States departments of agriculture and	78219
health and human services for the county's expenditures for	78220
administration of the supplemental nutrition assistance program	78221
and medicaid that the department determines are allowable	78222
administrative expenditures.	78223

(F)(1) The director of job and family services shall adopt	78224
rules in accordance with section 111.15 of the Revised Code to	78225
establish all of the following:	78226

(a) The method the department is to use to change a county's	78227
share of public assistance expenditures determined under division	78228
(B) of this section as provided in division (C) of this section;	78229

(b) The allocation methodology and formula the department	78230
will use to determine the amount of funds to credit to a county	78231
under this section;	78232

(c) The method the department will use to change the payment	78233
of the county share of public assistance expenditures from a	78234
calendar-year basis to a state fiscal year basis;	78235

(d) The percentage to be used for the purpose of division	78236
(B)(3) of this section, which shall, except as provided in section	78237
5101.163 of the Revised Code, meet both of the following	78238
requirements:	78239

(i) The percentage shall not be less than seventy-five per	78240
cent nor more than eighty-two per cent;	78241

(ii) The percentage shall not exceed the percentage that the	78242
state's qualified state expenditures is of the state's historic	78243
state expenditures as those terms are defined in 42 U.S.C.	78244
609(a)(7).	78245

(e) Other procedures and requirements necessary to implement	78246
this section.	78247

(2) The director of job and family services may amend the	78248
rule adopted under division (F)(1)(d) of this section to modify	78249
the percentage on determination that the amount the general	78250
assembly appropriates for Title IV-A programs makes the	78251
modification necessary. The rule shall be adopted and amended as	78252
if an internal management rule and in consultation with the	78253
director of budget and management.	78254

Sec. 5101.181. (A) As used in this section and section	78255
5101.182 of the Revised Code~~, "public~~:	78256

(1) "Public assistance" ~~includes, in addition to Ohio works~~	78257
~~first,~~means any or all of the following:	78258

~~(1)~~(a) Ohio works first;

78259

(b) Prevention, retention, and contingency;

78260

~~(2) Medicaid;~~

78261

~~(3)~~(c) Disability financial assistance;

78262

~~(4)~~(d) General assistance provided prior to July 17, 1995,	78263
under former Chapter 5113. of the Revised Code.	78264

(2) "Medical assistance" means medical assistance provided	78265
pursuant to, or under programs established by, section 5101.49,	78266
sections 5101.50 to 5101.529, Chapter 5111., or any other	78267
provision of the Revised Code.	78268

(B) As part of the procedure for the determination of	78269
overpayment to a recipient of public assistance under Chapter	78270
5107., 5108., ~~5111.,~~ or 5115. of the Revised Code, the director of	78271
job and family services ~~shall~~may furnish quarterly the name and	78272
social security number of each individual who receives public	78273
assistance to the director of administrative services, the	78274
administrator of the bureau of workers' compensation, and each of	78275
the state's retirement boards. Within fourteen days after	78276
receiving the name and social security number of an individual who	78277
receives public assistance, the director of administrative	78278
services, administrator, or board shall inform the auditor of	78279
state as to whether such individual is receiving wages or	78280
benefits, the amount of any wages or benefits being received, the	78281
social security number, and the address of the individual. The	78282
director of administrative services, administrator, boards, and	78283
any agent or employee of those officials and boards shall comply	78284
with the rules of the director of job and family services	78285
restricting the disclosure of information regarding recipients of	78286
public assistance. Any person who violates this provision shall	78287
thereafter be disqualified from acting as an agent or employee or	78288
in any other capacity under appointment or employment of any state	78289
board, commission, or agency.	78290

(C) The auditor of state may enter into a reciprocal	78291
agreement with the director of job and family services or	78292
comparable officer of any other state for the exchange of names,	78293
current or most recent addresses, or social security numbers of	78294
persons receiving public assistance under Title IV-A ~~or under~~	78295
~~Title XIX~~ of the "Social Security Act," 49 Stat. 620 (1935), 42	78296
U.S.C. 301, as amended.	78297

(D)~~(1)~~ The auditor of state shall retain, for not less than	78298
two years, at least one copy of all information received under	78299
this section and sections 145.27, 742.41, 3307.20, 3309.22,	78300
4123.27, 5101.182, and 5505.04 of the Revised Code. ~~The~~	78301

(E) On the request of the director of job and family	78302
services, the auditor of state may conduct an audit of an	78303
individual who receives medical assistance. If the auditor decides	78304
to conduct an audit, the auditor shall enter into an interagency	78305
agreement with the department of job and family services that	78306
specifies that the auditor agrees to comply with section 5101.271	78307
of the Revised Code with respect to any information the auditor	78308
receives pursuant to the audit.	78309

(F) The auditor shall review the information described in	78310
division (D) of this section to determine whether overpayments	78311
were made to recipients of public assistance under Chapters 5107.,	78312
5108., ~~5111.,~~ and 5115. of the Revised Code. The auditor of state	78313
shall initiate action leading to prosecution, where warranted, of	78314
recipients who received overpayments by forwarding the name of	78315
each recipient who received overpayment, together with other	78316
pertinent information, to the director of job and family services	78317
~~and~~, the attorney general, ~~to the district director of job and~~	78318
~~family services of the district through which public assistance~~	78319
~~was received,~~ and to the county director of job and family	78320
services and county prosecutor of the county through which public	78321
assistance was received.	78322

~~(2)~~(G) The auditor of state and the attorney general or their	78323
designees may examine any records, whether in computer or printed	78324
format, in the possession of the director of job and family	78325
services or any county director of job and family services. They	78326
shall provide safeguards which restrict access to such records to	78327
purposes directly connected with an audit or investigation,	78328
prosecution, or criminal or civil proceeding conducted in	78329
connection with the administration of the programs and shall	78330
comply with ~~the~~sections 5101.27 and 5101.271 of the Revised Code	78331
and adopts rules of the director of job and family services	78332
restricting the disclosure of information regarding recipients of	78333
public assistance or medical assistance. Any person who violates	78334
this provision shall thereafter be disqualified from acting as an	78335
agent or employee or in any other capacity under appointment or	78336
employment of any state board, commission, or agency.	78337

~~(3)~~(H) Costs incurred by the auditor of state in carrying out	78338
the auditor of state's duties under this ~~division~~section shall be	78339
borne by the auditor of state.	78340

Sec. 5101.182. As part of the procedure for the	78341
determination of overpayment to a recipient of public assistance	78342
~~under Chapter 5107., 5111., or 5115.~~pursuant to section 5101.181	78343
of the Revised Code, the director of job and family services ~~shall~~	78344
may semiannually, at times determined jointly by the auditor of	78345
state and the tax commissioner, furnish to the tax commissioner in	78346
computer format the name and social security number of each	78347
individual who receives public assistance. Within sixty days after	78348
receiving the name and social security number of a recipient of	78349
public assistance, the commissioner shall inform the auditor of	78350
state whether the individual filed an Ohio individual income tax	78351
return, separate or joint, as provided by section 5747.08 of the	78352
Revised Code, for either or both of the two taxable years	78353
preceding the year in which the director furnished the names and	78354
social security numbers to the commissioner. If the individual did	78355
so file, at the same time the commissioner shall also inform the	78356
auditor of state of the amount of the federal adjusted gross	78357
income as reported on such returns and of the addresses on such	78358
returns. The commissioner shall also advise the auditor of state	78359
whether such returns were filed on a joint basis, as provided in	78360
section 5747.08 of the Revised Code, in which case the federal	78361
adjusted gross income as reported may be that of the individual or	78362
the individual's spouse.	78363

If the auditor of state determines that further investigation	78364
is needed, the auditor of state may request the commissioner to	78365
determine whether the individual filed income tax returns for any	78366
previous taxable years in which the individual received public	78367
assistance and for which the tax department retains income tax	78368
returns. Within fourteen days of receipt of the request, the	78369
commissioner shall inform the auditor of state whether the	78370
individual filed an individual income tax return for the taxable	78371
years in question, of the amount of the federal adjusted gross	78372
income as reported on such returns, of the addresses on such	78373
returns, and whether the returns were filed on a joint or separate	78374
basis.	78375

If the auditor of state determines that further investigation	78376
is needed of a recipient of public assistance who filed an Ohio	78377
individual income tax return, the auditor of state may request a	78378
certified copy of the Ohio individual income tax return or returns	78379
of that person for the taxable years described above, together	78380
with any other documents the commissioner has concerning the	78381
return or returns. Within fourteen days of receipt of such a	78382
request in writing, the commissioner shall forward the returns and	78383
documents to the auditor of state.	78384

The director of job and family services, ~~district director of~~	78385
~~job and family services,~~ county director of job and family	78386
services, county prosecutor, attorney general, auditor of state,	78387
or any agent or employee of those officials having access to any	78388
information or documents furnished by the commissioner pursuant to	78389
this section shall not divulge or use any such information except	78390
for the purpose of determining overpayment of public assistance,	78391
or for an audit, investigation, or prosecution, or in accordance	78392
with a proper judicial order. Any person who violates this	78393
provision shall thereafter be disqualified from acting as an agent	78394
or employee or in any other capacity under appointment or	78395
employment of any state or county board, commission, or agency.	78396

Sec. 5101.183. (A) ~~The~~Except as provided in section 5111.12	78397
of the Revised Code, the director of job and family services, in	78398
accordance with section 111.15 of the Revised Code, may adopt	78399
rules under which county ~~departments of job and~~ family services or	78400
~~public children services~~ agencies shall take action to recover the	78401
cost of ~~social~~the following benefits and services:	78402

(1) Benefits or services provided to any of the following:

78403

~~(1)~~(a) Persons who were not eligible for ~~social~~the benefits	78404
or services but who secured ~~social~~the benefits or services	78405
through fraud or misrepresentation;	78406

~~(2)~~(b) Persons who were eligible for ~~social~~the benefits or	78407
services but who intentionally diverted the benefits or services	78408
to other persons who were not eligible for the benefits or	78409
services.	78410

(2) Any benefits or services provided by a county family	78411
services agency for which recovery is required or permitted by	78412
federal law for the federal programs administered by the agency.	78413

(B) A county ~~department of job and~~ family services ~~or public~~	78414
~~children services~~ agency may bring a civil action against a	78415
recipient of ~~social~~benefits or services to recover any costs	78416
described in division (A) of this section.	78417

(C) A county ~~department of job and~~ family services ~~or public~~	78418
~~children services~~ agency shall retain any money it recovers under	78419
division (A) of this section and shall use the money ~~for the~~	78420
~~provision of social~~to meet a family services duty, except that,	78421
if federal law requires the department of job and family services	78422
to return any portion of the money so recovered to the federal	78423
government, the county ~~department or~~family services agency shall	78424
pay that portion to the department of job and family services.	78425

Sec. 5101.244. (A) If the department of job and family	78426
services determines that a grant awarded to a county grantee in a	78427
grant agreement entered into under section 5101.21 of the Revised	78428
Code, an allocation, advance, or reimbursement the department	78429
makes to a county family services agency, or a cash draw a county	78430
family services agency makes exceeds the allowable amount for the	78431
grant, allocation, advance, reimbursement, or cash draw, the	78432
department may ~~adjust~~take one or more of the following actions to	78433
recover the excess amount:	78434

(1) The department may adjust, offset, withhold, or reduce an	78435
allocation, cash draw, advance, reimbursement, or other financial	78436
assistance to the county grantee or county family services agency	78437
as necessary to recover the excess amount ~~of the excess grant,~~	78438
~~allocation, advance, reimbursement, or cash draw~~.	78439

(2) The department may require the county grantee or county	78440
family services agency to enter into an agreement with the	78441
department for repayment of the excess amount. The department may	78442
require that the repayment include interest on the excess amount,	78443
calculated from the day that the excess occurred at a rate not	78444
exceeding the rate per annum prescribed by section 5703.47 of the	78445
Revised Code.	78446

(3) The department may certify a claim to the attorney	78447
general under section 131.02 of the Revised Code for the attorney	78448
general to take action under that section against the county	78449
grantee or county family services agency to recover the excess	78450
amount. ~~The~~	78451

(B) In taking an action authorized under this section, the	78452
department is not required to ~~make the adjustment, offset,~~	78453
~~withholding, or reduction~~take the action in accordance with	78454
section 5101.24 of the Revised Code.	78455

(C) The director of job and family services may adopt rules	78456
under section 111.15 of the Revised Code as necessary to implement	78457
this section. The director shall adopt the rules as if they were	78458
internal management rules.	78459

Sec. 5101.26. As used in this section and in sections	78460
5101.27 to 5101.30 of the Revised Code:	78461

(A) "County agency" means a county department of job and	78462
family services or a public children services agency.	78463

(B) "Fugitive felon" means an individual who is fleeing to	78464
avoid prosecution, or custody or confinement after conviction,	78465
under the laws of the place from which the individual is fleeing,	78466
for a crime or an attempt to commit a crime that is a felony under	78467
the laws of the place from which the individual is fleeing or, in	78468
the case of New Jersey, a high misdemeanor, regardless of whether	78469
the individual has departed from the individual's usual place of	78470
residence.	78471

(C) "Information" means records as defined in section 149.011	78472
of the Revised Code, any other documents in any format, and data	78473
derived from records and documents that are generated, acquired,	78474
or maintained by the department of job and family services, a	78475
county agency, or an entity performing duties on behalf of the	78476
department or a county agency.	78477

(D) "Law enforcement agency" means the state highway patrol,	78478
an agency that employs peace officers as defined in section 109.71	78479
of the Revised Code, the adult parole authority, a county	78480
department of probation, a prosecuting attorney, the attorney	78481
general, similar agencies of other states, federal law enforcement	78482
agencies, and postal inspectors. "Law enforcement agency" includes	78483
the peace officers and other law enforcement officers employed by	78484
the agency.	78485

(E) "Medical assistance ~~provided under a public assistance~~	78486
~~program~~" means medical assistance provided pursuant to, or under	78487
~~the~~ programs established ~~under sections~~by, section 5101.49,	78488
sections 5101.50~~, 5101.51, 5101.52, and 5101.5211 to 5101.5216~~to	78489
5101.529, Chapter 5111., or any other provision of the Revised	78490
Code.	78491

(F) "Medical assistance recipient" means an applicant for or	78492
recipient or former recipient of medical assistance.	78493

(G) "Public assistance" means financial assistance~~, medical~~	78494
~~assistance,~~ or social services that are not medical assistance	78495
provided under a program administered by the department of job and	78496
family services or a county agency pursuant to Chapter 329.,	78497
5101., 5104., 5107., 5108., ~~5111.,~~ or 5115. of the Revised Code or	78498
an executive order issued under section 107.17 of the Revised	78499
Code.	78500

~~(G)~~(H) "Public assistance recipient" means an applicant for	78501
or recipient or former recipient of public assistance.	78502

Sec. 5101.27. (A) Except as permitted by this section,	78503
section ~~5101.272~~5101.273, 5101.28, or 5101.29 of the Revised	78504
Code, or ~~the~~ rules adopted under ~~division (A) of~~ section 5101.30	78505
of the Revised Code, or when required by federal law, no person or	78506
government entity shall solicit, disclose, receive, use, or	78507
knowingly permit, or participate in the use of any information	78508
regarding a public assistance recipient for any purpose not	78509
directly connected with the administration of a public assistance	78510
program.	78511

(B) To the extent permitted by federal law, the department of	78512
job and family services and county agencies shall do all of the	78513
following:	78514

(1) Release information regarding a public assistance	78515
recipient for purposes directly connected to the administration of	78516
the program to a government entity responsible for administering	78517
that public assistance program;	78518

(2) Provide information regarding a public assistance	78519
recipient to a law enforcement agency for the purpose of any	78520
investigation, prosecution, or criminal or civil proceeding	78521
relating to the administration of that public assistance program;	78522

(3) Provide, for purposes directly connected to the	78523
administration of a program that assists needy individuals with	78524
the costs of public utility services, information regarding a	78525
recipient of financial assistance provided under a program	78526
administered by the department or a county agency pursuant to	78527
Chapter 5107. or 5108. of the Revised Code or sections 5115.01 to	78528
5115.07 of the Revised Code to an entity administering the public	78529
utility services program.	78530

(C) To the extent permitted by federal law and section	78531
1347.08 of the Revised Code, the department and county agencies	78532
shall provide access to information regarding a public assistance	78533
recipient to all of the following:	78534

(1) The recipient;

78535

(2) The authorized representative;

78536

(3) The legal guardian of the recipient;

78537

(4) The attorney of the recipient, if the attorney has	78538
written authorization that complies with section ~~5101.271~~5101.272	78539
of the Revised Code from the recipient.	78540

(D) To the extent permitted by federal law and subject to	78541
division (E) of this section, the department and county agencies	78542
may do both of the following:	78543

(1) Release information about a public assistance recipient	78544
if the recipient gives voluntary, written authorization that	78545
complies with section ~~5101.271~~5101.272 of the Revised Code;	78546

(2) Release information regarding a public assistance	78547
recipient to a state, federal, or federally assisted program that	78548
provides cash or in-kind assistance or services directly to	78549
individuals based on need or for the purpose of protecting	78550
children to a government entity responsible for administering a	78551
children's protective services program.	78552

(E) Except when the release is required by division (B), (C),	78553
or (D)(2) of this section, the department or county agency shall	78554
release the information only in accordance with the authorization.	78555
The department or county agency shall provide, at no cost, a copy	78556
of each written authorization to the individual who signed it.	78557

(F) ~~The department or county agency may release information~~	78558
~~under division (D) of this section concerning the receipt of~~	78559
~~medical assistance provided under a public assistance program only~~	78560
~~if all of the following conditions are met:~~	78561

~~(1) The release of information is for purposes directly~~	78562
~~connected to the administration of or provision of medical~~	78563
~~assistance provided under a public assistance program;~~	78564

~~(2) The information is released to persons or government~~	78565
~~entities that are subject to standards of confidentiality and~~	78566
~~safeguarding information substantially comparable to those~~	78567
~~established for medical assistance provided under a public~~	78568
~~assistance program;~~	78569

~~(3) The department or county agency has obtained an~~	78570
~~authorization consistent with section 5101.271 of the Revised~~	78571
~~Code.~~	78572

~~(G) Information concerning the receipt of medical assistance~~	78573
~~provided under a public assistance program may be released only if~~	78574
~~the release complies with this section and rules adopted by the~~	78575
~~department pursuant to section 5101.30 of the Revised Code or, if~~	78576
~~more restrictive, the Health Insurance Portability and~~	78577
~~Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1955,~~	78578
~~42 U.S.C. 1320d, et seq., as amended, and regulations adopted by~~	78579
~~the United States department of health and human services to~~	78580
~~implement the act.~~	78581

~~(H)~~ The department of job and family services may adopt rules	78582
defining "authorized representative" for purposes of division	78583
(C)(2) of this section.	78584

Sec. 5101.271. (A) Except as permitted by this section,	78585
section 5101.273, or rules adopted under section 5101.30 of the	78586
Revised Code, or when required by federal law, no person or	78587
government entity shall use or disclose information regarding a	78588
medical assistance recipient for any purpose not directly	78589
connected with the administration of the medical assistance	78590
program.	78591

(B) Both of the following shall be considered to be purposes	78592
directly connected with the administration of the medical	78593
assistance program:	78594

(1) Treatment, payment, or other operations or activities	78595
authorized by 42 C.F.R. Chapter IV;	78596

(2) Any administrative function or duty the department of job	78597
and family services performs alone or jointly with a federal	78598
government entity, another state government entity, or a local	78599
government entity implementing a provision of federal law.	78600

(C) The department or a county agency may disclose	78601
information regarding a medical assistance recipient to any of the	78602
following:	78603

(1) The recipient or the recipient's authorized	78604
representative;	78605

(2) The recipient's legal guardian in accordance with	78606
division (C) of section 2111.13 of the Revised Code;	78607

(3) The attorney of the recipient, if the department or	78608
county agency has obtained authorization from the recipient, the	78609
recipient's authorized representative, or the recipient's legal	78610
guardian that meets all requirements of the Health Insurance	78611
Portability and Accountability Act of 1996, Pub. L. 104-191, 110	78612
Stat. 1955, 42 U.S.C. 1320d et seq., as amended, regulations	78613
promulgated by the United States department of health and human	78614
services to implement the act, section 5101.272 of the Revised	78615
Code, and any rules the director of job and family services adopts	78616
under section 5101.30 of the Revised Code;	78617

(4) A health information or health records management entity	78618
that has executed with the department a business associate	78619
agreement required by 45 C.F.R 164.502(e)(2) and has been	78620
authorized by the recipient, the recipient's authorized	78621
representative, or the recipient's legal guardian to receive the	78622
recipient's electronic health records in accordance with rules the	78623
director of job and family services adopts under section 5101.30	78624
of the Revised Code;	78625

(5) A court if pursuant to a written order of the court.

78626

(D) The department may receive from county departments of job	78627
and family services information regarding any medical assistance	78628
recipient for purposes of training and verifying the accuracy of	78629
eligibility determinations for medical assistance. The department	78630
may assemble information received under this division into a	78631
report if the report is in a form specified by the department.	78632
Information received and assembled into a report under this	78633
division shall remain confidential and not besubject to	78634
disclosure pursuant to section 149.43 or 1347.08 of the Revised	78635
Code.	78636

(E) The department shall notify courts in this state	78637
regarding its authority, under division (C)(5) of this section, to	78638
disclose information regarding a medical assistance recipient	78639
pursuant to a written court order.	78640

~~Sec. 5101.271.~~ Sec. 5101.272. (A) For the purposes of ~~section~~	78641
sections 5101.27 and 5101.271 of the Revised Code, an	78642
authorization shall be made on a form that uses language	78643
understandable to the average person and contains all of the	78644
following:	78645

(1) A description of the information to be used or disclosed	78646
that identifies the information in a specific and meaningful	78647
fashion;	78648

(2) The name or other specific identification of the person	78649
or class of persons authorized to make the requested use or	78650
disclosure;	78651

(3) The name or other specific identification of the person	78652
or governmental entity to which the information may be released;	78653

(4) A description of each purpose of the requested use or	78654
disclosure of the information;	78655

(5) The date on which the authorization expires or an event	78656
related either to the individual who is the subject of the request	78657
or to the purposes of the requested use or disclosure, the	78658
occurrence of which will cause the authorization to expire;	78659

(6) A statement that the information used or disclosed	78660
pursuant to the authorization may be disclosed by the recipient of	78661
the information and may no longer be protected from disclosure;	78662

(7) The signature of the individual or the individual's	78663
authorized representative and the date on which the authorization	78664
was signed;	78665

(8) If signed by an authorized representative, a description	78666
of the representative's authority to act for the individual;	78667

(9) A statement of the individual or authorized	78668
representative's right to prospectively revoke the written	78669
authorization in writing, along with one of the following:	78670

(a) A description of how the individual or authorized	78671
representative may revoke the authorization;	78672

(b) If the department of job and family services' privacy	78673
notice contains a description of how the individual or authorized	78674
representative may revoke the authorization, a reference to that	78675
privacy notice.	78676

(10) A statement that treatment, payment, enrollment, or	78677
eligibility for public assistance or medical assistance cannot be	78678
conditioned on signing the authorization unless the authorization	78679
is necessary for determining eligibility for the public assistance	78680
or medical assistance program.	78681

(B) An authorization for the release of information regarding	78682
a medical assistance recipient to the recipient's attorney under	78683
division (C)(3) of section 5101.271 of the Revised Code may	78684
include a provision specifically authorizing the release of the	78685
recipient's electronic health records, if any, in accordance with	78686
rules the director of job and family services adopts under section	78687
5101.30 of the Revised Code.	78688

(C) When an individual requests information pursuant to	78689
section 5101.27 or 5101.271 of the Revised Code regarding the	78690
individual's receipt of public assistance or medical assistance	78691
and does not wish to provide a statement of purpose, the statement	78692
"at request of the individual" is a sufficient description for	78693
purposes of division (A)(4) of this section.	78694

~~Sec. 5101.272.~~ Sec. 5101.273. ~~Not later than August 31, 2007, the~~	78695
~~director of job and family services shall submit a report to the~~	78696
~~general assembly on the costs and potential three-year cost~~	78697
~~savings associated with participation in the~~	78698
~~federally-administered public assistance reporting information~~	78699
~~system. If cost savings are indicated in the report, not later~~	78700
~~than October 1, 2007, the~~The department of job and family	78701
services shall enter into any necessary agreements with the United	78702
States department of health and human services and neighboring	78703
states to join and participate as an active member in the public	78704
assistance reporting information system. The department may	78705
disclose information regarding a public assistance recipient or	78706
medical assistance recipient to the extent necessary to	78707
participate as an active member in the public assistance reporting	78708
information system.	78709

Sec. 5101.28. (A)(1) On request of the department of job and	78710
family services or a county agency, a law enforcement agency shall	78711
provide information regarding public assistance recipients to	78712
enable the department or county agency to determine, for	78713
eligibility purposes, whether a recipient or a member of a	78714
recipient's assistance group is a fugitive felon or violating a	78715
condition of probation, a community control sanction, parole, or a	78716
post-release control sanction imposed under state or federal law.	78717

(2) A county agency may enter into a written agreement with a	78718
local law enforcement agency establishing procedures concerning	78719
access to information and providing for compliance with division	78720
(F) of this section.	78721

(B) To the extent permitted by federal law, the department	78722
and county agencies shall provide information~~, except information~~	78723
~~directly related to the receipt of medical assistance or medical~~	78724
~~services,~~ regarding recipients of public assistance under a	78725
program administered by the state department or a county agency	78726
pursuant to Chapter 5107., 5108., or 5115. of the Revised Code to	78727
law enforcement agencies on request for the purposes of	78728
investigations, prosecutions, and criminal and civil proceedings	78729
that are within the scope of the law enforcement agencies'	78730
official duties.	78731

(C) Information about a public assistance recipient shall be	78732
exchanged, obtained, or shared only if the department, county	78733
agency, or law enforcement agency requesting the information gives	78734
sufficient information to specifically identify the recipient. In	78735
addition to the recipient's name, identifying information may	78736
include the recipient's current or last known address, social	78737
security number, other identifying number, age, gender, physical	78738
characteristics, any information specified in an agreement entered	78739
into under division (A) of this section, or any information	78740
considered appropriate by the department or agency.	78741

(D)(1) The department and its officers and employees are not	78742
liable in damages in a civil action for any injury, death, or loss	78743
to person or property that allegedly arises from the release of	78744
information in accordance with divisions (A), (B), and (C) of this	78745
section. This section does not affect any immunity or defense that	78746
the department and its officers and employees may be entitled to	78747
under another section of the Revised Code or the common law of	78748
this state, including section 9.86 of the Revised Code.	78749

(2) The county agencies and their employees are not liable in	78750
damages in a civil action for any injury, death, or loss to person	78751
or property that allegedly arises from the release of information	78752
in accordance with divisions (A), (B), and (C) of this section.	78753
"Employee" has the same meaning as in division (B) of section	78754
2744.01 of the Revised Code. This section does not affect any	78755
immunity or defense that the county agencies and their employees	78756
may be entitled to under another section of the Revised Code or	78757
the common law of this state, including section 2744.02 and	78758
division (A)(6) of section 2744.03 of the Revised Code.	78759

(E) To the extent permitted by federal law, the department	78760
and county agencies shall provide access to information to the	78761
auditor of state acting pursuant to Chapter 117. or sections	78762
5101.181 and 5101.182 of the Revised Code and to any other	78763
government entity authorized by federal law to conduct an audit	78764
of, or similar activity involving, a public assistance program.	78765

(F) The auditor of state shall prepare an annual report on	78766
the outcome of the agreements required under division (A) of this	78767
section. The report shall include the number of fugitive felons,	78768
probation and parole violators, and violators of community control	78769
sanctions and post-release control sanctions apprehended during	78770
the immediately preceding year as a result of the exchange of	78771
information pursuant to that division. The auditor of state shall	78772
file the report with the governor, the president and minority	78773
leader of the senate, and the speaker and minority leader of the	78774
house of representatives. The state department, county agencies,	78775
and law enforcement agencies shall cooperate with the auditor of	78776
state's office in gathering the information required under this	78777
division.	78778

(G) To the extent permitted by federal law, the department of	78779
job and family services, county departments of job and family	78780
services, and employees of the departments may report to a public	78781
children services agency or other appropriate agency information	78782
on known or suspected physical or mental injury, sexual abuse or	78783
exploitation, or negligent treatment or maltreatment, of a child	78784
receiving public assistance, if circumstances indicate that the	78785
child's health or welfare is threatened.	78786

(H) As used in this section:

78787

(1) "Community control sanction" has the same meaning as in	78788
section 2929.01 of the Revised Code.	78789

(2) "Post-release control sanction" has the same meaning as	78790
in section 2967.01 of the Revised Code.	78791

Sec. 5101.30. (A) The director of job and family services	78792
shall adopt rules in accordance with Chapter 119. of the Revised	78793
Code implementing sections 5101.26 to 5101.30 of the Revised Code	78794
and governing the custody, use, disclosure, and preservation of	78795
the information generated or received by the department of job and	78796
family services, county agencies, other state and county entities,	78797
contractors, grantees, private entities, or officials	78798
participating in the administration of public assistance or	78799
medical assistance programs. The rules shall comply with	78800
applicable federal statutes and regulations.~~The~~	78801

(1) The rules shall specify conditions and procedures for the	78802
release of information~~. The rules shall comply with applicable~~	78803
~~federal statutes and regulations. To the extent permitted by~~	78804
~~federal law~~which may include, among other conditions and	78805
procedures, both of the following:	78806

~~(1) The rules may permit~~(a) Permitting providers of services	78807
or assistance under public assistance programs limited access to	78808
information that is essential for the providers to render services	78809
or assistance or to bill for services or assistance rendered. The	78810
department of aging, when investigating a complaint under section	78811
173.20 of the Revised Code, shall be granted any limited access	78812
permitted in the rules pursuant to division (A)(1) of this	78813
section.	78814

~~(2) The rules may permit~~(b) Permitting a contractor,	78815
grantee, or other state or county entity limited access to	78816
information that is essential for the contractor, grantee, or	78817
entity to perform administrative or other duties on behalf of the	78818
department or county agency. A contractor, grantee, or entity	78819
given access to information pursuant to division (A)(2) of this	78820
section is bound by the director's rules, and disclosure of the	78821
information by the contractor, grantee, or entity in a manner not	78822
authorized by the rules is a violation of section 5101.27 of the	78823
Revised Code.	78824

(2) The rules may define who is an "authorized	78825
representative" for purposes of sections 5101.27, 5101.271, and	78826
5101.272 of the Revised Code.	78827

(B) Whenever names, addresses, or other information relating	78828
to public assistance recipients is held by any agency other than	78829
the department or a county agency, that other agency shall adopt	78830
rules consistent with sections 5101.26 to 5101.30 of the Revised	78831
Code to prevent the publication or disclosure of names, lists, or	78832
other information concerning those recipients.	78833

Sec. 5101.35. (A) As used in this section:

78834

(1) "Agency" means the following entities that administer a	78835
family services program:	78836

(a) The department of job and family services;

78837

(b) A county department of job and family services;

78838

78839

(d) A private or government entity administering, in whole or	78840
in part, a family services program for or on behalf of the	78841
department of job and family services or a county department of	78842
job and family services or public children services agency.	78843

(2) "Appellant" means an applicant, participant, former	78844
participant, recipient, or former recipient of a family services	78845
program who is entitled by federal or state law to a hearing	78846
regarding a decision or order of the agency that administers the	78847
program.	78848

(3) "Family services program" means assistance provided under	78849
a Title IV-A program as defined in section 5101.80 of the Revised	78850
Code or under Chapter 5104., 5111., or 5115. or section ~~173.35~~	78851
5119.69, 5101.141, 5101.46, 5101.461, 5101.54, 5153.163, or	78852
5153.165 of the Revised Code, other than assistance provided under	78853
section 5101.46 of the Revised Code by the department of mental	78854
health, the department of developmental disabilities, a board of	78855
alcohol, drug addiction, and mental health services, or a county	78856
board of developmental disabilities.	78857

(B) Except as provided by divisions (G) and (H) of this	78858
section, an appellant who appeals under federal or state law a	78859
decision or order of an agency administering a family services	78860
program shall, at the appellant's request, be granted a state	78861
hearing by the department of job and family services. This state	78862
hearing shall be conducted in accordance with rules adopted under	78863
this section. The state hearing shall be recorded, but neither the	78864
recording nor a transcript of the recording shall be part of the	78865
official record of the proceeding. A state hearing decision is	78866
binding upon the agency and department, unless it is reversed or	78867
modified on appeal to the director of job and family services or a	78868
court of common pleas.	78869

(C) Except as provided by division (G) of this section, an	78870
appellant who disagrees with a state hearing decision may make an	78871
administrative appeal to the director of job and family services	78872
in accordance with rules adopted under this section. This	78873
administrative appeal does not require a hearing, but the director	78874
or the director's designee shall review the state hearing decision	78875
and previous administrative action and may affirm, modify, remand,	78876
or reverse the state hearing decision. Any person designated to	78877
make an administrative appeal decision on behalf of the director	78878
shall have been admitted to the practice of law in this state. An	78879
administrative appeal decision is the final decision of the	78880
department and is binding upon the department and agency, unless	78881
it is reversed or modified on appeal to the court of common pleas.	78882

(D) An agency shall comply with a decision issued pursuant to	78883
division (B) or (C) of this section within the time limits	78884
established by rules adopted under this section. If a county	78885
department of job and family services or a public children	78886
services agency fails to comply within these time limits, the	78887
department may take action pursuant to section 5101.24 of the	78888
Revised Code. If another agency fails to comply within the time	78889
limits, the department may force compliance by withholding funds	78890
due the agency or imposing another sanction established by rules	78891
adopted under this section.	78892

(E) An appellant who disagrees with an administrative appeal	78893
decision of the director of job and family services or the	78894
director's designee issued under division (C) of this section may	78895
appeal from the decision to the court of common pleas pursuant to	78896
section 119.12 of the Revised Code. The appeal shall be governed	78897
by section 119.12 of the Revised Code except that:	78898

(1) The person may appeal to the court of common pleas of the	78899
county in which the person resides, or to the court of common	78900
pleas of Franklin county if the person does not reside in this	78901
state.	78902

(2) The person may apply to the court for designation as an	78903
indigent and, if the court grants this application, the appellant	78904
shall not be required to furnish the costs of the appeal.	78905

(3) The appellant shall mail the notice of appeal to the	78906
department of job and family services and file notice of appeal	78907
with the court within thirty days after the department mails the	78908
administrative appeal decision to the appellant. For good cause	78909
shown, the court may extend the time for mailing and filing notice	78910
of appeal, but such time shall not exceed six months from the date	78911
the department mails the administrative appeal decision. Filing	78912
notice of appeal with the court shall be the only act necessary to	78913
vest jurisdiction in the court.	78914

(4) The department shall be required to file a transcript of	78915
the testimony of the state hearing with the court only if the	78916
court orders the department to file the transcript. The court	78917
shall make such an order only if it finds that the department and	78918
the appellant are unable to stipulate to the facts of the case and	78919
that the transcript is essential to a determination of the appeal.	78920
The department shall file the transcript not later than thirty	78921
days after the day such an order is issued.	78922

(F) The department of job and family services shall adopt	78923
rules in accordance with Chapter 119. of the Revised Code to	78924
implement this section, including rules governing the following:	78925

(1) State hearings under division (B) of this section. The	78926
rules shall include provisions regarding notice of eligibility	78927
termination and the opportunity of an appellant appealing a	78928
decision or order of a county department of job and family	78929
services to request a county conference with the county department	78930
before the state hearing is held.	78931

(2) Administrative appeals under division (C) of this	78932
section;	78933

(3) Time limits for complying with a decision issued under	78934
division (B) or (C) of this section;	78935

(4) Sanctions that may be applied against an agency under	78936
division (D) of this section.	78937

(G) The department of job and family services may adopt rules	78938
in accordance with Chapter 119. of the Revised Code establishing	78939
an appeals process for an appellant who appeals a decision or	78940
order regarding a Title IV-A program identified under division	78941
(A)(4)(c), (d), (e), or (f) of section 5101.80 of the Revised Code	78942
that is different from the appeals process established by this	78943
section. The different appeals process may include having a state	78944
agency that administers the Title IV-A program pursuant to an	78945
interagency agreement entered into under section 5101.801 of the	78946
Revised Code administer the appeals process.	78947

(H) If an appellant receiving medicaid through a health	78948
insuring corporation that holds a certificate of authority under	78949
Chapter 1751. of the Revised Code is appealing a denial of	78950
medicaid services based on lack of medical necessity or other	78951
clinical issues regarding coverage by the health insuring	78952
corporation, the person hearing the appeal may order an	78953
independent medical review if that person determines that a review	78954
is necessary. The review shall be performed by a health care	78955
professional with appropriate clinical expertise in treating the	78956
recipient's condition or disease. The department shall pay the	78957
costs associated with the review.	78958

A review ordered under this division shall be part of the	78959
record of the hearing and shall be given appropriate evidentiary	78960
consideration by the person hearing the appeal.	78961

(I) The requirements of Chapter 119. of the Revised Code	78962
apply to a state hearing or administrative appeal under this	78963
section only to the extent, if any, specifically provided by rules	78964
adopted under this section.	78965

Sec. 5101.37. (A) The department of job and family services	78966
and each county department of job and family services and child	78967
support enforcement agency may ~~make~~conduct any audits or	78968
investigations that are necessary in the performance of their	78969
duties, and to that end they shall have the same power as a judge	78970
of a county court to administer oaths and to enforce the	78971
attendance and testimony of witnesses and the production of books	78972
or papers.	78973

The department and each county department and agency shall	78974
keep a record of their audits and investigations stating the time,	78975
place, charges, or subject,; witnesses summoned and examined,; and	78976
their conclusions.	78977

Witnesses shall be paid the fees and mileage provided for	78978
under section 119.094 of the Revised Code.	78979

(B) In conducting hearings pursuant to Chapters 3119., 3121.,	78980
and 3123. or pursuant to division (B) of section 5101.35 of the	78981
Revised Code, the department and each child support enforcement	78982
agency have the same power as a judge of a county court to	78983
administer oaths and to enforce the attendance and testimony of	78984
witnesses and the production of books or papers. The department	78985
and each agency shall keep a record of those hearings stating the	78986
time, place, charges, or subject,; witnesses summoned and	78987
examined,; and their conclusions.	78988

The issuance of a subpoena by the department or a child	78989
support enforcement agency to enforce attendance and testimony of	78990
witnesses and the production of books or papers at a hearing is	78991
discretionary and the department or agency is not required to pay	78992
the fees of witnesses for attendance and travel.	78993

(C) Any judge of any division of the court of common pleas,	78994
upon application of the department or a county department or child	78995
support enforcement agency, may compel the attendance of	78996
witnesses, the production of books or papers, and the giving of	78997
testimony before the department, county department, or agency, by	78998
a judgment for contempt or otherwise, in the same manner as in	78999
cases before those courts.	79000

(D) Until an audit report is formally released by the	79001
department of job and family services, the audit report or any	79002
working paper or other document or record prepared by the	79003
department and related to the audit that is the subject of the	79004
audit report is not a public record under section 149.43 of the	79005
Revised Code.	79006

(E) The director of job and family services may adopt rules	79007
as necessary to implement this section. The rules shall be adopted	79008
in accordance with section 111.15 of the Revised Code as if they	79009
were internal management rules.	79010

Sec. 5101.46. (A) As used in this section:

79011

(1) "Title XX" means Title XX of the "Social Security Act,"	79012
88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended.	79013

(2) "Respective local agency" means, with respect to the	79014
department of job and family services, a county department of job	79015
and family services; with respect to the department of mental	79016
health, a board of alcohol, drug addiction, and mental health	79017
services; and with respect to the department of developmental	79018
disabilities, a county board of developmental disabilities.	79019

(3) "Federal poverty guidelines" means the poverty guidelines	79020
as revised annually by the United States department of health and	79021
human services in accordance with section 673(2) of the "Omnibus	79022
Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A.	79023
9902, as amended, for a family size equal to the size of the	79024
family of the person whose income is being determined.	79025

(B) The departments of job and family services, mental	79026
health, and developmental disabilities, with their respective	79027
local agencies, shall administer the provision of social services	79028
funded through grants made under Title XX. The social services	79029
furnished with Title XX funds shall be directed at the following	79030
goals:	79031

(1) Achieving or maintaining economic self-support to	79032
prevent, reduce, or eliminate dependency;	79033

(2) Achieving or maintaining self-sufficiency, including	79034
reduction or prevention of dependency;	79035

(3) Preventing or remedying neglect, abuse, or exploitation	79036
of children and adults unable to protect their own interests, or	79037
preserving, rehabilitating, or reuniting families;	79038

(4) Preventing or reducing inappropriate institutional care	79039
by providing for community-based care, home-based care, or other	79040
forms of less intensive care;	79041

(5) Securing referral or admission for institutional care	79042
when other forms of care are not appropriate, or providing	79043
services to individuals in institutions.	79044

(C)(1) All federal funds received under Title XX shall be	79045
appropriated as follows:	79046

(a) Seventy-two and one-half per cent to the department of	79047
job and family services;	79048

(b) Twelve and ninety-three one-hundreths per cent to the	79049
department of mental health;	79050

(c) Fourteen and fifty-seven one-hundreths per cent to the	79051
department of developmental disabilities.	79052

(2) Each of the state ~~department~~departments shall, subject	79053
to the approval of the controlling board, develop ~~formulas~~a	79054
formula for the distribution of ~~their~~the Title XX ~~appropriations~~	79055
funds appropriated to the department to ~~their~~its respective local	79056
agencies. The ~~formulas~~formula developed by each state department	79057
shall take into account all of the following for each of its	79058
respective local agencies:	79059

(a) The total population of the area that is served by the	79060
respective local agency~~, the~~;	79061

(b) The percentage of the population in the area served that	79062
falls below the federal poverty guidelines~~, and the~~;	79063

(c) The respective local agency's history of and ability to	79064
utilize Title XX funds.	79065

(3) Each of the state departments shall expend nofor state	79066
administrative costs not more than three per cent of ~~its~~the Title	79067
XX ~~appropriation for state administrative costs~~funds appropriated	79068
to the department. ~~Each of the department's respective local~~	79069
~~agencies shall expend no more than fourteen per cent of its Title~~	79070
~~XX appropriation~~	79071

Each state department shall establish for each of its	79072
respective local agencies the maximum percentage of the Title XX	79073
funds distributed to the respective local agency that the	79074
respective local agency may expend for local administrative costs.	79075
The percentage shall be established by rule and shall comply with	79076
federal law governing the use of Title XX funds. The rules shall	79077
be adopted in accordance with section 111.15 of the Revised Code	79078
as if they were internal management rules.	79079

(4) The department of job and family services shall expend no	79080
for the training of the following not more than two per cent of	79081
~~its~~the Title XX ~~appropriation for the training of the following~~	79082
funds appropriated to the department:	79083

(a) Employees of county departments of job and family	79084
services;	79085

(b) Providers of services under contract with the state	79086
departments' respective local agencies;	79087

(c) Employees of a public children services agency directly	79088
engaged in providing Title XX services.	79089

(D) The department of job and family services shall prepare a	79090
biennial comprehensive Title XX social services plan on the	79091
intended use of Title XX funds. The department shall develop a	79092
method for obtaining public comment during the development of the	79093
plan and following its completion.	79094

For each state fiscal year, the department of job and family	79095
services shall prepare a report on the actual use of Title XX	79096
funds. The department shall make the annual report available for	79097
public inspection.	79098

The departments of mental health and developmental	79099
disabilities shall prepare and submit to the department of job and	79100
family services the portions of each biennial plan and annual	79101
report that apply to services for mental health and mental	79102
retardation and developmental disabilities. Each respective local	79103
agency of the three state departments shall submit information as	79104
necessary for the preparation of biennial plans and annual	79105
reports.	79106

(E) Each county department shall adopt a county profile for	79107
the administration and provision of Title XX social services in	79108
the county. In developing its county profile, the county	79109
department shall take into consideration the comments and	79110
recommendations received from the public by the county family	79111
services planning committee pursuant to section 329.06 of the	79112
Revised Code. As part of its preparation of the county profile,	79113
the county department may prepare a local needs report analyzing	79114
the need for Title XX social services.	79115

The county department shall submit the county profile to the	79116
board of county commissioners for its review. Once the county	79117
profile has been approved by the board, the county department	79118
shall file a copy of the county profile with the department of job	79119
and family services. The department shall approve the county	79120
profile if the department determines the profile provides for the	79121
Title XX social services to meet the goals specified in division	79122
(B) of this section.	79123

(F) Any of the three state departments and their respective	79124
local agencies may require that an entity under contract to	79125
provide social services with Title XX funds submit to an audit on	79126
the basis of alleged misuse or improper accounting of funds. If an	79127
audit is required, the social services provider shall reimburse	79128
the state department or respective local agency for the cost it	79129
incurred in conducting the audit or having the audit conducted.	79130

If an audit demonstrates that a social services provider is	79131
responsible for one or more adverse findings, the provider shall	79132
reimburse the appropriate state department or its respective local	79133
agency the amount of the adverse findings. The amount shall not be	79134
reimbursed with Title XX funds received under this section. The	79135
three state departments and their respective local agencies may	79136
terminate or refuse to enter into a Title XX contract with a	79137
social services provider if there are adverse findings in an audit	79138
that are the responsibility of the provider.	79139

(G) ~~The~~Except with respect to the matters for which each of	79140
the state departments must adopt rules under division (C)(3) of	79141
this section, the department of job and family services may adopt	79142
any rules it considers necessary to implement and carry out the	79143
purposes of this section. Rules governing financial and	79144
operational matters of the department or matters between the	79145
department and county departments of job and family services shall	79146
be adopted as internal management rules in accordance with section	79147
111.15 of the Revised Code. Rules governing eligibility for	79148
services, program participation, and other matters pertaining to	79149
applicants and participants shall be adopted in accordance with	79150
Chapter 119. of the Revised Code.	79151

Sec. 5101.47. (A) Except as provided in ~~division~~divisions	79152
(B) and (C) of this section, the ~~director~~department of job and	79153
family services may accept applications, determine eligibility,	79154
redetermine eligibility, and perform related administrative	79155
activities for one or more of the following:	79156

(1) The medicaid program established by Chapter 5111. of the	79157
Revised Code;	79158

(2) The children's health insurance program parts I, II, and	79159
III provided for under sections 5101.50~~, 5101.51, and 5101.52~~to	79160
5101.529 of the Revised Code;	79161

(3) Publicly funded child care provided under Chapter 5104.	79162
of the Revised Code;	79163

(4) The supplemental nutrition assistance program	79164
administered by the department ~~of job and family services~~ pursuant	79165
to section 5101.54 of the Revised Code;	79166

(5) Other programs the director of job and family services	79167
determines are supportive of children, adults, or families;	79168

(6) Other programs regarding which the director determines	79169
administrative cost savings and efficiency may be achieved through	79170
the department accepting applications, determining eligibility,	79171
redetermining eligibility, or performing related administrative	79172
activities.	79173

(B) To the extent permitted by federal law, the department	79174
may enter into agreements with one or more other state agencies,	79175
local government entities, or political subdivisions to accept	79176
applications, determine eligibility, redetermine eligibility, and	79177
perform related administrative activities on behalf of the	79178
department with respect to the medicaid program and the children's	79179
health insurance program.	79180

(C) If federal law requires a face-to-face interview to	79181
complete an eligibility determination for a program specified in	79182
or pursuant to division (A) of this section, the face-to-face	79183
interview shall not be conducted by the department of job and	79184
family services.	79185

~~(C)~~(D) Subject to division ~~(B)~~(C) of this section, if the	79186
~~director~~department elects to accept applications, determine	79187
eligibility, redetermine eligibility, and perform related	79188
administrative activities for a program specified in or pursuant	79189
to division (A) of this section, both of the following apply:	79190

(1) An individual seeking services under the program may	79191
apply for the program to the ~~director~~department or to the entity	79192
that state law governing the program authorizes to accept	79193
applications for the program.	79194

(2) The ~~director~~department is subject to federal statutes	79195
and regulations and state statutes and rules that require, permit,	79196
or prohibit an action regarding accepting applications,	79197
determining or redetermining eligibility, and performing related	79198
administrative activities for the program.	79199

~~(D)~~(E) The director may adopt rules as necessary to implement	79200
this section.	79201

Sec. 5101.571. As used in sections 5101.571 to 5101.591 of	79202
the Revised Code:	79203

(A) "Information" means all of the following:

79204

(1) An individual's name, address, date of birth, and social	79205
security number;	79206

(2) The group or plan number, or other identifier, assigned	79207
by a third party to a policy held by an individual or a plan in	79208
which the individual participates and the nature of the coverage;	79209

(3) Any other data the director of job and family services	79210
specifies in rules adopted under section 5101.591 of the Revised	79211
Code.	79212

(B) "Medical assistance" means medical items or services	79213
provided under any of the following:	79214

(1) Medicaid, as defined in section 5111.01 of the Revised	79215
Code;	79216

(2) The children's health insurance program part I, part II,	79217
and part III established under sections 5101.50, 5101.51, and	79218
5101.52 of the Revised Code;	79219

~~(3) The children's buy-in program established under sections~~	79220
~~5101.5211 to 5101.5216 of the Revised Code~~.	79221

(C) "Medical support" means support specified as support for	79222
the purpose of medical care by order of a court or administrative	79223
agency.	79224

(D) "Public assistance" means medical assistance or	79225
assistance under the Ohio works first program established under	79226
Chapter 5107. of the Revised Code.	79227

(E)(1) Subject to division (E)(2) of this section, and except	79228
as provided in division (E)(3) of this section, "third party"	79229
means all of the following:	79230

(a) A person authorized to engage in the business of sickness	79231
and accident insurance under Title XXXIX of the Revised Code;	79232

(b) A person or governmental entity providing coverage for	79233
medical services or items to individuals on a self-insurance	79234
basis;	79235

(c) A health insuring corporation as defined in section	79236
1751.01 of the Revised Code;	79237

(d) A group health plan as defined in 29 U.S.C. 1167;

79238

(e) A service benefit plan as referenced in 42 U.S.C.	79239
1396a(a)(25);	79240

(f) A managed care organization;

79241

(g) A pharmacy benefit manager;

79242

(h) A third party administrator;

79243

(i) Any other person or governmental entity that is, by law,	79244
contract, or agreement, responsible for the payment or processing	79245
of a claim for a medical item or service for a public assistance	79246
recipient or participant.	79247

(2) Except when otherwise provided by 42 U.S.C. 1395y(b), a	79248
person or governmental entity listed in division (E)(1) of this	79249
section is a third party even if the person or governmental entity	79250
limits or excludes payments for a medical item or service in the	79251
case of a public assistance recipient.	79252

(3) "Third party" does not include the program for medically	79253
handicapped children established under section 3701.023 of the	79254
Revised Code.	79255

Sec. 5101.573. (A) Subject to divisions (B) and (C) of this	79256
section, a third party shall do all of the following:	79257

(1) Accept the department of job and family services' right	79258
of recovery under section 5101.58 of the Revised Code and the	79259
assignment of rights to the department that are described in	79260
section 5101.59 of the Revised Code;	79261

(2) Respond to an inquiry by the department regarding a claim	79262
for payment of a medical item or service that was submitted to the	79263
third party not later than ~~three~~six years after the date of the	79264
provision of such medical item or service;	79265

(3) Not charge a fee to do either of the following for a	79266
claim described in division (A)(2) of this section:	79267

(a) Determine whether the claim should be paid;

79268

(b) Process the claim.

79269

(4) Pay a claim described in division (A)(2) of this section;

79270

~~(4)~~(5) Not deny a claim submitted by the department solely on	79271
the basis of the date of submission of the claim, type or format	79272
of the claim form, or a failure by the medical assistance	79273
recipient who is the subject of the claim to present proper	79274
documentation of coverage at the time of service, if both of the	79275
following are true:	79276

(a) The claim was submitted by the department not later than	79277
~~three~~six years after the date of the provision of the medical	79278
item or service.	79279

(b) An action by the department to enforce its right of	79280
recovery under section 5101.58 of the Revised Code on the claim	79281
was commenced not later than six years after the department's	79282
submission of the claim.	79283

~~(5)~~(6) Consider the department's payment of a claim for a	79284
medical item or service to be the equivalent of the medical	79285
assistance recipient having obtained prior authorization for the	79286
item or service from the third party;	79287

~~(6)~~(7) Not deny a claim described in division (A)~~(5)~~(6) of	79288
this section that is submitted by the department solely on the	79289
basis of the medical assistance recipient's failure to obtain	79290
prior authorization for the medical item or service.	79291

(B) For purposes of the requirements in division (A) of this	79292
section, a third party shall treat a managed care organization as	79293
the department for a claim in which both of the following are	79294
true:	79295

(1) The individual who is the subject of the claim received a	79296
medical item or service through a managed care organization that	79297
has entered into a contract with the department of job and family	79298
services under section 5111.17 of the Revised Code;	79299

(2) The department has assigned its right of recovery for the	79300
claim to the managed care organization.	79301

(C) The time limitations associated with the requirements in	79302
divisions (A)(2) and ~~(A)(4)~~(5) of this section apply only to	79303
submissions of claims to, and payments of claims by, a health	79304
insurer to which 42 U.S.C. 1396a(a)(25)(I) applies.	79305

Sec. 5101.58. (A) The acceptance of public assistance gives	79306
an automatic right of recovery to the department of job and family	79307
services and a county department of job and family services	79308
against the liability of a third party for the cost of medical	79309
assistance paid on behalf of the public assistance recipient or	79310
participant. When an action or claim is brought against a third	79311
party by a public assistance recipient or participant, any	79312
payment, settlement or compromise of the action or claim, or any	79313
court award or judgment, is subject to the recovery right of the	79314
department of job and family services or county department of job	79315
and family services. Except in the case of a recipient or	79316
participant who receives medical assistance through a managed care	79317
organization, the department's or county department's claim shall	79318
not exceed the amount of medical assistance paid by a department	79319
on behalf of the recipient or participant. A payment, settlement,	79320
compromise, judgment, or award that excludes the cost of medical	79321
assistance paid for by a department shall not preclude a	79322
department from enforcing its rights under this section.	79323

(B) In the case of a recipient or participant who receives	79324
medical assistance through a managed care organization, the amount	79325
of the department's or county department's claim shall be the	79326
amount the managed care organization pays for medical assistance	79327
rendered to the recipient or participant, even if that amount is	79328
more than the amount a department pays to the managed care	79329
organization for the recipient's or participant's medical	79330
assistance.	79331

(C) A recipient or participant, and the recipient's or	79332
participant's attorney, if any, shall cooperate with the	79333
departments. In furtherance of this requirement, the recipient or	79334
participant, or the recipient's or participant's attorney, if any,	79335
shall, not later than thirty days after initiating informal	79336
recovery activity or filing a legal recovery action against a	79337
third party, provide written notice of the activity or action to	79338
the department of job and family services when medical assistance	79339
under medicaid ~~or the children's buy-in program~~ has been paid.	79340

(D) The written notice that must be given under division (C)	79341
of this section shall disclose the identity and address of any	79342
third party against whom the recipient or participant has or may	79343
have a right of recovery.	79344

(E) No settlement, compromise, judgment, or award or any	79345
recovery in any action or claim by a recipient or participant	79346
where the departments have a right of recovery shall be made final	79347
without first giving the appropriate departments written notice as	79348
described in division (C) of this section and a reasonable	79349
opportunity to perfect their rights of recovery. If the	79350
departments are not given the appropriate written notice, the	79351
recipient or participant and, if there is one, the recipient's or	79352
participant's attorney, are liable to reimburse the departments	79353
for the recovery received to the extent of medical payments made	79354
by the departments.	79355

(F) The departments shall be permitted to enforce their	79356
recovery rights against the third party even though they accepted	79357
prior payments in discharge of their rights under this section if,	79358
at the time the departments received such payments, they were not	79359
aware that additional medical expenses had been incurred but had	79360
not yet been paid by the departments. The third party becomes	79361
liable to the department of job and family services or county	79362
department of job and family services as soon as the third party	79363
is notified in writing of the valid claims for recovery under this	79364
section.	79365

(G)(1) Subject to division (G)(2) of this section, the right	79366
of recovery of a department does not apply to that portion of any	79367
judgment, award, settlement, or compromise of a claim, to the	79368
extent of attorneys' fees, costs, or other expenses incurred by a	79369
recipient or participant in securing the judgment, award,	79370
settlement, or compromise, or to the extent of medical, surgical,	79371
and hospital expenses paid by such recipient or participant from	79372
the recipient's or participant's own resources.	79373

(2) Reasonable attorneys' fees, not to exceed one-third of	79374
the total judgment, award, settlement, or compromise, plus costs	79375
and other expenses incurred by the recipient or participant in	79376
securing the judgment, award, settlement, or compromise, shall	79377
first be deducted from the total judgment, award, settlement, or	79378
compromise. After fees, costs, and other expenses are deducted	79379
from the total judgment, award, settlement, or compromise, the	79380
department of job and family services or appropriate county	79381
department of job and family services shall receive no less than	79382
one-half of the remaining amount, or the actual amount of medical	79383
assistance paid, whichever is less.	79384

(H) A right of recovery created by this section may be	79385
enforced separately or jointly by the department of job and family	79386
services or the appropriate county department of job and family	79387
services. To enforce their recovery rights, the departments may do	79388
any of the following:	79389

(1) Intervene or join in any action or proceeding brought by	79390
the recipient or participant or on the recipient's or	79391
participant's behalf against any third party who may be liable for	79392
the cost of medical assistance paid;	79393

(2) Institute and pursue legal proceedings against any third	79394
party who may be liable for the cost of medical assistance paid;	79395

(3) Initiate legal proceedings in conjunction with any	79396
injured, diseased, or disabled recipient or participant or the	79397
recipient's or participant's attorney or representative.	79398

(I) A recipient or participant shall not assess attorney	79399
fees, costs, or other expenses against the department of job and	79400
family services or a county department of job and family services	79401
when the department or county department enforces its right of	79402
recovery created by this section.	79403

(J) The right of recovery given to the department under this	79404
section does not include rights to support from any other person	79405
assigned to the state under sections 5107.20 and 5115.07 of the	79406
Revised Code, but includes payments made by a third party under	79407
contract with a person having a duty to support.	79408

Sec. 5101.60. As used in sections 5101.60 to 5101.71 of the	79409
Revised Code:	79410

(A) "Abuse" means the infliction upon an adult by self or	79411
others of injury, unreasonable confinement, intimidation, or cruel	79412
punishment with resulting physical harm, pain, or mental anguish.	79413

(B) "Adult" means any person sixty years of age or older	79414
within this state who is handicapped by the infirmities of aging	79415
or who has a physical or mental impairment which prevents the	79416
person from providing for the person's own care or protection, and	79417
who resides in an independent living arrangement. An "independent	79418
living arrangement" is a domicile of a person's own choosing,	79419
including, but not limited to, a private home, apartment, trailer,	79420
or rooming house. An "independent living arrangement" includes an	79421
adult care facility licensed pursuant to Chapter ~~3722.~~5119. of	79422
the Revised Code, but does not include other institutions or	79423
facilities licensed by the state or facilities in which a person	79424
resides as a result of voluntary, civil, or criminal commitment.	79425

(C) "Caretaker" means the person assuming the responsibility	79426
for the care of an adult on a voluntary basis, by contract,	79427
through receipt of payment for care, as a result of a family	79428
relationship, or by order of a court of competent jurisdiction.	79429

(D) "Court" means the probate court in the county where an	79430
adult resides.	79431

(E) "Emergency" means that the adult is living in conditions	79432
which present a substantial risk of immediate and irreparable	79433
physical harm or death to self or any other person.	79434

(F) "Emergency services" means protective services furnished	79435
to an adult in an emergency.	79436

(G) "Exploitation" means the unlawful or improper act of a	79437
caretaker using an adult or an adult's resources for monetary or	79438
personal benefit, profit, or gain.	79439

(H) "In need of protective services" means an adult known or	79440
suspected to be suffering from abuse, neglect, or exploitation to	79441
an extent that either life is endangered or physical harm, mental	79442
anguish, or mental illness results or is likely to result.	79443

(I) "Incapacitated person" means a person who is impaired for	79444
any reason to the extent that the person lacks sufficient	79445
understanding or capacity to make and carry out reasonable	79446
decisions concerning the person's self or resources, with or	79447
without the assistance of a caretaker. Refusal to consent to the	79448
provision of services shall not be the sole determinative that the	79449
person is incapacitated. "Reasonable decisions" are decisions made	79450
in daily living which facilitate the provision of food, shelter,	79451
clothing, and health care necessary for life support.	79452

(J) "Mental illness" means a substantial disorder of thought,	79453
mood, perception, orientation, or memory that grossly impairs	79454
judgment, behavior, capacity to recognize reality, or ability to	79455
meet the ordinary demands of life.	79456

(K) "Neglect" means the failure of an adult to provide for	79457
self the goods or services necessary to avoid physical harm,	79458
mental anguish, or mental illness or the failure of a caretaker to	79459
provide such goods or services.	79460

(L) "Peace officer" means a peace officer as defined in	79461
section 2935.01 of the Revised Code.	79462

(M) "Physical harm" means bodily pain, injury, impairment, or	79463
disease suffered by an adult.	79464

(N) "Protective services" means services provided by the	79465
county department of job and family services or its designated	79466
agency to an adult who has been determined by evaluation to	79467
require such services for the prevention, correction, or	79468
discontinuance of an act of as well as conditions resulting from	79469
abuse, neglect, or exploitation. Protective services may include,	79470
but are not limited to, case work services, medical care, mental	79471
health services, legal services, fiscal management, home health	79472
care, homemaker services, housing-related services, guardianship	79473
services, and placement services as well as the provision of such	79474
commodities as food, clothing, and shelter.	79475

(O) "Working day" means Monday, Tuesday, Wednesday, Thursday,	79476
and Friday, except when such day is a holiday as defined in	79477
section 1.14 of the Revised Code.	79478

Sec. 5101.61. (A) As used in this section:

79479

(1) "Senior service provider" means any person who provides	79480
care or services to a person who is an adult as defined in	79481
division (B) of section 5101.60 of the Revised Code.	79482

(2) "Ambulatory health facility" means a nonprofit, public or	79483
proprietary freestanding organization or a unit of such an agency	79484
or organization that:	79485

(a) Provides preventive, diagnostic, therapeutic,	79486
rehabilitative, or palliative items or services furnished to an	79487
outpatient or ambulatory patient, by or under the direction of a	79488
physician or dentist in a facility which is not a part of a	79489
hospital, but which is organized and operated to provide medical	79490
care to outpatients;	79491

(b) Has health and medical care policies which are developed	79492
with the advice of, and with the provision of review of such	79493
policies, an advisory committee of professional personnel,	79494
including one or more physicians, one or more dentists, if dental	79495
care is provided, and one or more registered nurses;	79496

(c) Has a medical director, a dental director, if dental care	79497
is provided, and a nursing director responsible for the execution	79498
of such policies, and has physicians, dentists, nursing, and	79499
ancillary staff appropriate to the scope of services provided;	79500

(d) Requires that the health care and medical care of every	79501
patient be under the supervision of a physician, provides for	79502
medical care in a case of emergency, has in effect a written	79503
agreement with one or more hospitals and other centers or clinics,	79504
and has an established patient referral system to other resources,	79505
and a utilization review plan and program;	79506

(e) Maintains clinical records on all patients;

79507

(f) Provides nursing services and other therapeutic services	79508
in accordance with programs and policies, with such services	79509
supervised by a registered professional nurse, and has a	79510
registered professional nurse on duty at all times of clinical	79511
operations;	79512

(g) Provides approved methods and procedures for the	79513
dispensing and administration of drugs and biologicals;	79514

(h) Has established an accounting and record keeping system	79515
to determine reasonable and allowable costs;	79516

(i) "Ambulatory health facilities" also includes an	79517
alcoholism treatment facility approved by the joint commission on	79518
accreditation of healthcare organizations as an alcoholism	79519
treatment facility or certified by the department of alcohol and	79520
drug addiction services, and such facility shall comply with other	79521
provisions of this division not inconsistent with such	79522
accreditation or certification.	79523

(3) "Community mental health facility" means a facility which	79524
provides community mental health services and is included in the	79525
comprehensive mental health plan for the alcohol, drug addiction,	79526
and mental health service district in which it is located.	79527

(4) "Community mental health service" means services, other	79528
than inpatient services, provided by a community mental health	79529
facility.	79530

(5) "Home health agency" means an institution or a distinct	79531
part of an institution operated in this state which:	79532

(a) Is primarily engaged in providing home health services;

79533

(b) Has home health policies which are established by a group	79534
of professional personnel, including one or more duly licensed	79535
doctors of medicine or osteopathy and one or more registered	79536
professional nurses, to govern the home health services it	79537
provides and which includes a requirement that every patient must	79538
be under the care of a duly licensed doctor of medicine or	79539
osteopathy;	79540

(c) Is under the supervision of a duly licensed doctor of	79541
medicine or doctor of osteopathy or a registered professional	79542
nurse who is responsible for the execution of such home health	79543
policies;	79544

(d) Maintains comprehensive records on all patients;

79545

(e) Is operated by the state, a political subdivision, or an	79546
agency of either, or is operated not for profit in this state and	79547
is licensed or registered, if required, pursuant to law by the	79548
appropriate department of the state, county, or municipality in	79549
which it furnishes services; or is operated for profit in this	79550
state, meets all the requirements specified in divisions (A)(5)(a)	79551
to (d) of this section, and is certified under Title XVIII of the	79552
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as	79553
amended.	79554

(6) "Home health service" means the following items and	79555
services, provided, except as provided in division (A)(6)(g) of	79556
this section, on a visiting basis in a place of residence used as	79557
the patient's home:	79558

(a) Nursing care provided by or under the supervision of a	79559
registered professional nurse;	79560

(b) Physical, occupational, or speech therapy ordered by the	79561
patient's attending physician;	79562

(c) Medical social services performed by or under the	79563
supervision of a qualified medical or psychiatric social worker	79564
and under the direction of the patient's attending physician;	79565

(d) Personal health care of the patient performed by aides in	79566
accordance with the orders of a doctor of medicine or osteopathy	79567
and under the supervision of a registered professional nurse;	79568

(e) Medical supplies and the use of medical appliances;

79569

(f) Medical services of interns and residents-in-training	79570
under an approved teaching program of a nonprofit hospital and	79571
under the direction and supervision of the patient's attending	79572
physician;	79573

(g) Any of the foregoing items and services which:

79574

(i) Are provided on an outpatient basis under arrangements	79575
made by the home health agency at a hospital or skilled nursing	79576
facility;	79577

(ii) Involve the use of equipment of such a nature that the	79578
items and services cannot readily be made available to the patient	79579
in the patient's place of residence, or which are furnished at the	79580
hospital or skilled nursing facility while the patient is there to	79581
receive any item or service involving the use of such equipment.	79582

Any attorney, physician, osteopath, podiatrist, chiropractor,	79583
dentist, psychologist, any employee of a hospital as defined in	79584
section 3701.01 of the Revised Code, any nurse licensed under	79585
Chapter 4723. of the Revised Code, any employee of an ambulatory	79586
health facility, any employee of a home health agency, any	79587
employee of an adult care facility as defined in section ~~3722.01~~	79588
5119.70 of the Revised Code, any employee of a nursing home,	79589
residential care facility, or home for the aging, as defined in	79590
section 3721.01 of the Revised Code, any senior service provider,	79591
any peace officer, coroner, clergyman, any employee of a community	79592
mental health facility, and any person engaged in social work or	79593
counseling having reasonable cause to believe that an adult is	79594
being abused, neglected, or exploited, or is in a condition which	79595
is the result of abuse, neglect, or exploitation shall immediately	79596
report such belief to the county department of job and family	79597
services. This section does not apply to employees of any hospital	79598
or public hospital as defined in section 5122.01 of the Revised	79599
Code.	79600

(B) Any person having reasonable cause to believe that an	79601
adult has suffered abuse, neglect, or exploitation may report, or	79602
cause reports to be made of such belief to the department.	79603

(C) The reports made under this section shall be made orally	79604
or in writing except that oral reports shall be followed by a	79605
written report if a written report is requested by the department.	79606
Written reports shall include:	79607

(1) The name, address, and approximate age of the adult who	79608
is the subject of the report;	79609

(2) The name and address of the individual responsible for	79610
the adult's care, if any individual is, and if the individual is	79611
known;	79612

(3) The nature and extent of the alleged abuse, neglect, or	79613
exploitation of the adult;	79614

(4) The basis of the reporter's belief that the adult has	79615
been abused, neglected, or exploited.	79616

(D) Any person with reasonable cause to believe that an adult	79617
is suffering abuse, neglect, or exploitation who makes a report	79618
pursuant to this section or who testifies in any administrative or	79619
judicial proceeding arising from such a report, or any employee of	79620
the state or any of its subdivisions who is discharging	79621
responsibilities under section 5101.62 of the Revised Code shall	79622
be immune from civil or criminal liability on account of such	79623
investigation, report, or testimony, except liability for perjury,	79624
unless the person has acted in bad faith or with malicious	79625
purpose.	79626

(E) No employer or any other person with the authority to do	79627
so shall discharge, demote, transfer, prepare a negative work	79628
performance evaluation, or reduce benefits, pay, or work	79629
privileges, or take any other action detrimental to an employee or	79630
in any way retaliate against an employee as a result of the	79631
employee's having filed a report under this section.	79632

(F) Neither the written or oral report provided for in this	79633
section nor the investigatory report provided for in section	79634
5101.62 of the Revised Code shall be considered a public record as	79635
defined in section 149.43 of the Revised Code. Information	79636
contained in the report shall upon request be made available to	79637
the adult who is the subject of the report, to agencies authorized	79638
by the department to receive information contained in the report,	79639
and to legal counsel for the adult.	79640

Sec. 5104.01. As used in this chapter:

79641

(A) "Administrator" means the person responsible for the	79642
daily operation of a center or type A home. The administrator and	79643
the owner may be the same person.	79644

(B) "Approved child day camp" means a child day camp approved	79645
pursuant to section 5104.22 of the Revised Code.	79646

(C) "Authorized provider" means a person authorized by a	79647
county director of job and family services to operate a certified	79648
type B family day-care home.	79649

(D) "Border state child care provider" means a child care	79650
provider that is located in a state bordering Ohio and that is	79651
licensed, certified, or otherwise approved by that state to	79652
provide child care.	79653

(E) "Career pathways model" means an alternative pathway to	79654
meeting the requirements for a child care staff member or	79655
administrator that uses one framework to integrate the pathways of	79656
formal education, training, experience, and specialized	79657
credentials, and certifications, and that allows the member or	79658
administrator to achieve a designation as an early childhood	79659
professional level one, two, three, four, five, or six.	79660

(F) "Caretaker parent" means the father or mother of a child	79661
whose presence in the home is needed as the caretaker of the	79662
child, a person who has legal custody of a child and whose	79663
presence in the home is needed as the caretaker of the child, a	79664
guardian of a child whose presence in the home is needed as the	79665
caretaker of the child, and any other person who stands in loco	79666
parentis with respect to the child and whose presence in the home	79667
is needed as the caretaker of the child.	79668

~~(F)~~(G) "Certified type B family day-care home" and "certified	79669
type B home" mean a type B family day-care home that is certified	79670
by the director of the county department of job and family	79671
services pursuant to section 5104.11 of the Revised Code to	79672
receive public funds for providing child care pursuant to this	79673
chapter and any rules adopted under it.	79674

~~(G)~~(H) "Chartered nonpublic school" means a school that meets	79675
standards for nonpublic schools prescribed by the state board of	79676
education for nonpublic schools pursuant to section 3301.07 of the	79677
Revised Code.	79678

~~(H)~~(I) "Child" includes an infant, toddler, preschool child,	79679
or school child.	79680

~~(I)~~(J) "Child care block grant act" means the "Child Care and	79681
Development Block Grant Act of 1990," established in section 5082	79682
of the "Omnibus Budget Reconciliation Act of 1990," 104 Stat.	79683
1388-236 (1990), 42 U.S.C. 9858, as amended.	79684

~~(J)~~(K) "Child day camp" means a program in which only school	79685
children attend or participate, that operates for no more than	79686
seven hours per day, that operates only during one or more public	79687
school district's regular vacation periods or for no more than	79688
fifteen weeks during the summer, and that operates outdoor	79689
activities for each child who attends or participates in the	79690
program for a minimum of fifty per cent of each day that children	79691
attend or participate in the program, except for any day when	79692
hazardous weather conditions prevent the program from operating	79693
outdoor activities for a minimum of fifty per cent of that day.	79694
For purposes of this division, the maximum seven hours of	79695
operation time does not include transportation time from a child's	79696
home to a child day camp and from a child day camp to a child's	79697
home.	79698

~~(K)~~(L) "Child care" means administering to the needs of	79699
infants, toddlers, preschool children, and school children outside	79700
of school hours by persons other than their parents or guardians,	79701
custodians, or relatives by blood, marriage, or adoption for any	79702
part of the twenty-four-hour day in a place or residence other	79703
than a child's own home.	79704

~~(L)~~(M) "Child day-care center" and "center" mean any place in	79705
which child care or publicly funded child care is provided for	79706
thirteen or more children at one time or any place that is not the	79707
permanent residence of the licensee or administrator in which	79708
child care or publicly funded child care is provided for seven to	79709
twelve children at one time. In counting children for the purposes	79710
of this division, any children under six years of age who are	79711
related to a licensee, administrator, or employee and who are on	79712
the premises of the center shall be counted. "Child day-care	79713
center" and "center" do not include any of the following:	79714

(1) A place located in and operated by a hospital, as defined	79715
in section 3727.01 of the Revised Code, in which the needs of	79716
children are administered to, if all the children whose needs are	79717
being administered to are monitored under the on-site supervision	79718
of a physician licensed under Chapter 4731. of the Revised Code or	79719
a registered nurse licensed under Chapter 4723. of the Revised	79720
Code, and the services are provided only for children who, in the	79721
opinion of the child's parent, guardian, or custodian, are	79722
exhibiting symptoms of a communicable disease or other illness or	79723
are injured;	79724

(2) A child day camp;

79725

(3) A place that provides child care, but not publicly funded	79726
child care, if all of the following apply:	79727

(a) An organized religious body provides the child care;

79728

(b) A parent, custodian, or guardian of at least one child	79729
receiving child care is on the premises and readily accessible at	79730
all times;	79731

(c) The child care is not provided for more than thirty days	79732
a year;	79733

(d) The child care is provided only for preschool and school	79734
children.	79735

~~(M)~~(N) "Child care resource and referral service	79736
organization" means a community-based nonprofit organization that	79737
provides child care resource and referral services but not child	79738
care.	79739

~~(N)~~(O) "Child care resource and referral services" means all	79740
of the following services:	79741

(1) Maintenance of a uniform data base of all child care	79742
providers in the community that are in compliance with this	79743
chapter, including current occupancy and vacancy data;	79744

(2) Provision of individualized consumer education to	79745
families seeking child care;	79746

(3) Provision of timely referrals of available child care	79747
providers to families seeking child care;	79748

(4) Recruitment of child care providers;

79749

(5) Assistance in the development, conduct, and dissemination	79750
of training for child care providers and provision of technical	79751
assistance to current and potential child care providers,	79752
employers, and the community;	79753

(6) Collection and analysis of data on the supply of and	79754
demand for child care in the community;	79755

(7) Technical assistance concerning locally, state, and	79756
federally funded child care and early childhood education	79757
programs;	79758

(8) Stimulation of employer involvement in making child care	79759
more affordable, more available, safer, and of higher quality for	79760
their employees and for the community;	79761

(9) Provision of written educational materials to caretaker	79762
parents and informational resources to child care providers;	79763

(10) Coordination of services among child care resource and	79764
referral service organizations to assist in developing and	79765
maintaining a statewide system of child care resource and referral	79766
services if required by the department of job and family services;	79767

(11) Cooperation with the county department of job and family	79768
services in encouraging the establishment of parent cooperative	79769
child care centers and parent cooperative type A family day-care	79770
homes.	79771

~~(O)~~(P) "Child-care staff member" means an employee of a child	79772
day-care center or type A family day-care home who is primarily	79773
responsible for the care and supervision of children. The	79774
administrator may be a part-time child-care staff member when not	79775
involved in other duties.	79776

~~(P)~~(Q) "Drop-in child day-care center," "drop-in center,"	79777
"drop-in type A family day-care home," and "drop-in type A home"	79778
mean a center or type A home that provides child care or publicly	79779
funded child care for children on a temporary, irregular basis.	79780

~~(Q)~~(R) "Employee" means a person who either:

79781

(1) Receives compensation for duties performed in a child	79782
day-care center or type A family day-care home;	79783

(2) Is assigned specific working hours or duties in a child	79784
day-care center or type A family day-care home.	79785

~~(R)~~(S) "Employer" means a person, firm, institution,	79786
organization, or agency that operates a child day-care center or	79787
type A family day-care home subject to licensure under this	79788
chapter.	79789

~~(S)~~(T) "Federal poverty line" means the official poverty	79790
guideline as revised annually in accordance with section 673(2) of	79791
the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42	79792
U.S.C. 9902, as amended, for a family size equal to the size of	79793
the family of the person whose income is being determined.	79794

~~(T)~~(U) "Head start program" means a comprehensive child	79795
development program that receives funds distributed under the	79796
"Head Start Act," 95 Stat. 499 (1981), 42 U.S.C.A. 9831, as	79797
amended, and is licensed as a child day-care center.	79798

~~(U)~~(V) "Income" means gross income, as defined in section	79799
5107.10 of the Revised Code, less any amounts required by federal	79800
statutes or regulations to be disregarded.	79801

~~(V)~~(W) "Indicator checklist" means an inspection tool, used	79802
in conjunction with an instrument-based program monitoring	79803
information system, that contains selected licensing requirements	79804
that are statistically reliable indicators or predictors of a	79805
child day-care center or type A family day-care home's compliance	79806
with licensing requirements.	79807

~~(W)~~(X) "Infant" means a child who is less than eighteen	79808
months of age.	79809

~~(X)~~(Y) "In-home aide" means a person who does not reside with	79810
the child but provides care in the child's home and is certified	79811
by a county director of job and family services pursuant to	79812
section 5104.12 of the Revised Code to provide publicly funded	79813
child care to a child in a child's own home pursuant to this	79814
chapter and any rules adopted under it.	79815

~~(Y)~~(Z) "Instrument-based program monitoring information	79816
system" means a method to assess compliance with licensing	79817
requirements for child day-care centers and type A family day-care	79818
homes in which each licensing requirement is assigned a weight	79819
indicative of the relative importance of the requirement to the	79820
health, growth, and safety of the children that is used to develop	79821
an indicator checklist.	79822

~~(Z)~~(AA) "License capacity" means the maximum number in each	79823
age category of children who may be cared for in a child day-care	79824
center or type A family day-care home at one time as determined by	79825
the director of job and family services considering building	79826
occupancy limits established by the department of commerce, ~~number~~	79827
~~of available child-care staff members,~~ amount of available indoor	79828
floor space and outdoor play space, and amount of available play	79829
equipment, materials, and supplies. For the purposes of a	79830
provisional license issued under this chapter, the director shall	79831
also consider the number of available child-care staff members	79832
when determining "license capacity" for the provisional license.	79833

~~(AA)~~(BB) "Licensed preschool program" or "licensed school	79834
child program" means a preschool program or school child program,	79835
as defined in section 3301.52 of the Revised Code, that is	79836
licensed by the department of education pursuant to sections	79837
3301.52 to 3301.59 of the Revised Code.	79838

~~(BB)~~(CC) "Licensee" means the owner of a child day-care	79839
center or type A family day-care home that is licensed pursuant to	79840
this chapter and who is responsible for ensuring its compliance	79841
with this chapter and rules adopted pursuant to this chapter.	79842

~~(CC)~~(DD) "Operate a child day camp" means to operate,	79843
establish, manage, conduct, or maintain a child day camp.	79844

~~(DD)~~(EE) "Owner" includes a person, as defined in section	79845
1.59 of the Revised Code, or government entity.	79846

~~(EE)~~(FF) "Parent cooperative child day-care center," "parent	79847
cooperative center," "parent cooperative type A family day-care	79848
home," and "parent cooperative type A home" mean a corporation or	79849
association organized for providing educational services to the	79850
children of members of the corporation or association, without	79851
gain to the corporation or association as an entity, in which the	79852
services of the corporation or association are provided only to	79853
children of the members of the corporation or association,	79854
ownership and control of the corporation or association rests	79855
solely with the members of the corporation or association, and at	79856
least one parent-member of the corporation or association is on	79857
the premises of the center or type A home during its hours of	79858
operation.	79859

~~(FF)~~(GG) "Part-time child day-care center," "part-time	79860
center," "part-time type A family day-care home," and "part-time	79861
type A home" mean a center or type A home that provides child care	79862
or publicly funded child care for no more than four hours a day	79863
for any child.	79864

~~(GG)~~(HH) "Place of worship" means a building where activities	79865
of an organized religious group are conducted and includes the	79866
grounds and any other buildings on the grounds used for such	79867
activities.	79868

~~(HH)~~(II) "Preschool child" means a child who is three years	79869
old or older but is not a school child.	79870

~~(II)~~(JJ) "Protective child care" means publicly funded child	79871
care for the direct care and protection of a child to whom either	79872
of the following applies:	79873

(1) A case plan prepared and maintained for the child	79874
pursuant to section 2151.412 of the Revised Code indicates a need	79875
for protective care and the child resides with a parent,	79876
stepparent, guardian, or another person who stands in loco	79877
parentis as defined in rules adopted under section 5104.38 of the	79878
Revised Code;	79879

(2) The child and the child's caretaker either temporarily	79880
reside in a facility providing emergency shelter for homeless	79881
families or are determined by the county department of job and	79882
family services to be homeless, and are otherwise ineligible for	79883
publicly funded child care.	79884

~~(JJ)~~(KK) "Publicly funded child care" means administering to	79885
the needs of infants, toddlers, preschool children, and school	79886
children under age thirteen during any part of the	79887
twenty-four-hour day by persons other than their caretaker parents	79888
for remuneration wholly or in part with federal or state funds,	79889
including funds available under the child care block grant act,	79890
Title IV-A, and Title XX, distributed by the department of job and	79891
family services.	79892

~~(KK)~~(LL) "Religious activities" means any of the following:	79893
worship or other religious services; religious instruction; Sunday	79894
school classes or other religious classes conducted during or	79895
prior to worship or other religious services; youth or adult	79896
fellowship activities; choir or other musical group practices or	79897
programs; meals; festivals; or meetings conducted by an organized	79898
religious group.	79899

~~(LL)~~(MM) "School child" means a child who is enrolled in or	79900
is eligible to be enrolled in a grade of kindergarten or above but	79901
is less than fifteen years old.	79902

~~(MM)~~(NN) "School child day-care center," "school child	79903
center," "school child type A family day-care home," and "school	79904
child type A family home" mean a center or type A home that	79905
provides child care for school children only and that does either	79906
or both of the following:	79907

(1) Operates only during that part of the day that	79908
immediately precedes or follows the public school day of the	79909
school district in which the center or type A home is located;	79910

(2) Operates only when the public schools in the school	79911
district in which the center or type A home is located are not	79912
open for instruction with pupils in attendance.	79913

~~(NN)~~(OO) "State median income" means the state median income	79914
calculated by the department of development pursuant to division	79915
(A)(1)(g) of section 5709.61 of the Revised Code.	79916

~~(OO)~~(PP) "Title IV-A" means Title IV-A of the "Social	79917
Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.	79918

~~(PP)~~(QQ) "Title XX" means Title XX of the "Social Security	79919
Act," 88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended.	79920

~~(QQ)~~(RR) "Toddler" means a child who is at least eighteen	79921
months of age but less than three years of age.	79922

~~(RR)~~(SS) "Type A family day-care home" and "type A home" mean	79923
a permanent residence of the administrator in which child care or	79924
publicly funded child care is provided for seven to twelve	79925
children at one time or a permanent residence of the administrator	79926
in which child care is provided for four to twelve children at one	79927
time if four or more children at one time are under two years of	79928
age. In counting children for the purposes of this division, any	79929
children under six years of age who are related to a licensee,	79930
administrator, or employee and who are on the premises of the type	79931
A home shall be counted. "Type A family day-care home" and "type A	79932
home" do not include any child day camp.	79933

~~(SS)~~(TT) "Type B family day-care home" and "type B home" mean	79934
a permanent residence of the provider in which child care is	79935
provided for one to six children at one time and in which no more	79936
than three children are under two years of age at one time. In	79937
counting children for the purposes of this division, any children	79938
under six years of age who are related to the provider and who are	79939
on the premises of the type B home shall be counted. "Type B	79940
family day-care home" and "type B home" do not include any child	79941
day camp.	79942

Sec. 5104.011. (A) The director of job and family services	79943
shall adopt rules pursuant to Chapter 119. of the Revised Code	79944
governing the operation of child day-care centers, including, but	79945
not limited to, parent cooperative centers, part-time centers,	79946
drop-in centers, and school child centers, which rules shall	79947
reflect the various forms of child care and the needs of children	79948
receiving child care or publicly funded child care and shall	79949
include specific rules for school child care centers that are	79950
developed in consultation with the department of education. The	79951
rules shall not require an existing school facility that is in	79952
compliance with applicable building codes to undergo an additional	79953
building code inspection or to have structural modifications. The	79954
rules shall include the following:	79955

(1) Submission of a site plan and descriptive plan of	79956
operation to demonstrate how the center proposes to meet the	79957
requirements of this chapter and rules adopted pursuant to this	79958
chapter for the initial license application;	79959

(2) Standards for ensuring that the physical surroundings of	79960
the center are safe and sanitary including, but not limited to,	79961
the physical environment, the physical plant, and the equipment of	79962
the center;	79963

(3) Standards for the supervision, care, and discipline of	79964
children receiving child care or publicly funded child care in the	79965
center;	79966

(4) Standards for a program of activities, and for play	79967
equipment, materials, and supplies, to enhance the development of	79968
each child; however, any educational curricula, philosophies, and	79969
methodologies that are developmentally appropriate and that	79970
enhance the social, emotional, intellectual, and physical	79971
development of each child shall be permissible. As used in this	79972
division, "program" does not include instruction in religious or	79973
moral doctrines, beliefs, or values that is conducted at child	79974
day-care centers owned and operated by churches and does include	79975
methods of disciplining children at child day-care centers.	79976

(5) Admissions policies and procedures, health care policies	79977
and procedures, including, but not limited to, procedures for the	79978
isolation of children with communicable diseases, first aid and	79979
emergency procedures, procedures for discipline and supervision of	79980
children, standards for the provision of nutritious meals and	79981
snacks, and procedures for screening children and employees,	79982
~~including, but not limited to,~~that may include any necessary	79983
physical examinations and immunizations;	79984

(6) Methods for encouraging parental participation in the	79985
center and methods for ensuring that the rights of children,	79986
parents, and employees are protected and that responsibilities of	79987
parents and employees are met;	79988

(7) Procedures for ensuring the safety and adequate	79989
supervision of children traveling off the premises of the center	79990
while under the care of a center employee;	79991

(8) Procedures for record keeping, organization, and	79992
administration;	79993

(9) Procedures for issuing, ~~renewing,~~ denying, and revoking a	79994
license that are not otherwise provided for in Chapter 119. of the	79995
Revised Code;	79996

(10) Inspection procedures;

79997

(11) Procedures and standards for setting initial ~~and renewal~~	79998
license application fees;	79999

(12) Procedures for receiving, recording, and responding to	80000
complaints about centers;	80001

(13) Procedures for enforcing section 5104.04 of the Revised	80002
Code;	80003

(14) A standard requiring the inclusion, on and after July 1,	80004
1987, of a current department of job and family services toll-free	80005
telephone number on each center provisional license or license	80006
which any person may use to report a suspected violation by the	80007
center of this chapter or rules adopted pursuant to this chapter;	80008

(15) Requirements for the training of administrators and	80009
child-care staff members in first aid, in prevention, recognition,	80010
and management of communicable diseases, and in child abuse	80011
recognition and prevention. Training requirements for child	80012
day-care centers adopted under this division shall be consistent	80013
with divisions (B)(6) and (C)(1) of this section.	80014

(16) ~~Procedures to be used by licensees for checking the~~	80015
~~references of potential employees of centers and procedures to be~~	80016
~~used by the director for checking the references of applicants for~~	80017
~~licenses to operate centers;~~	80018

~~(17)~~ Standards providing for the special needs of children	80019
who are handicapped or who require treatment for health conditions	80020
while the child is receiving child care or publicly funded child	80021
care in the center;	80022

~~(18)~~(17) A procedure for reporting of injuries of children	80023
that occur at the center;	80024

~~(19)~~(18) Any other procedures and standards necessary to	80025
carry out this chapter.	80026

(B)(1) The child day-care center shall have, for each child	80027
for whom the center is licensed, at least thirty-five square feet	80028
of usable indoor floor space wall-to-wall regularly available for	80029
the child care operation exclusive of any parts of the structure	80030
in which the care of children is prohibited by law or by rules	80031
adopted by the board of building standards. The minimum of	80032
thirty-five square feet of usable indoor floor space shall not	80033
include hallways, kitchens, storage areas, or any other areas that	80034
are not available for the care of children, as determined by the	80035
director, in meeting the space requirement of this division, and	80036
bathrooms shall be counted in determining square footage only if	80037
they are used exclusively by children enrolled in the center,	80038
except that the exclusion of hallways, kitchens, storage areas,	80039
bathrooms not used exclusively by children enrolled in the center,	80040
and any other areas not available for the care of children from	80041
the minimum of thirty-five square feet of usable indoor floor	80042
space shall not apply to:	80043

(a) Centers licensed prior to or on September 1, 1986, that	80044
continue under licensure after that date;	80045

(b) Centers licensed prior to or on September 1, 1986, that	80046
are issued a new license after that date solely due to a change of	80047
ownership of the center.	80048

(2) The child day-care center shall have on the site a safe	80049
outdoor play space which is enclosed by a fence or otherwise	80050
protected from traffic or other hazards. The play space shall	80051
contain not less than sixty square feet per child using such space	80052
at any one time, and shall provide an opportunity for supervised	80053
outdoor play each day in suitable weather. The director may exempt	80054
a center from the requirement of this division, if an outdoor play	80055
space is not available and if all of the following are met:	80056

(a) The center provides an indoor recreation area that has	80057
not less than sixty square feet per child using the space at any	80058
one time, that has a minimum of one thousand four hundred forty	80059
square feet of space, and that is separate from the indoor space	80060
required under division (B)(1) of this section.	80061

(b) The director has determined that there is regularly	80062
available and scheduled for use a conveniently accessible and safe	80063
park, playground, or similar outdoor play area for play or	80064
recreation.	80065

(c) The children are closely supervised during play and while	80066
traveling to and from the area.	80067

The director also shall exempt from the requirement of this	80068
division a child day-care center that was licensed prior to	80069
September 1, 1986, if the center received approval from the	80070
director prior to September 1, 1986, to use a park, playground, or	80071
similar area, not connected with the center, for play or	80072
recreation in lieu of the outdoor space requirements of this	80073
section and if the children are closely supervised both during	80074
play and while traveling to and from the area and except if the	80075
director determines upon investigation and inspection pursuant to	80076
section 5104.04 of the Revised Code and rules adopted pursuant to	80077
that section that the park, playground, or similar area, as well	80078
as access to and from the area, is unsafe for the children.	80079

(3) The child day-care center shall have at least two	80080
responsible adults available on the premises at all times when	80081
seven or more children are in the center. The center shall	80082
organize the children in the center in small groups, shall provide	80083
child-care staff to give continuity of care and supervision to the	80084
children on a day-by-day basis, and shall ensure that no child is	80085
left alone or unsupervised. Except as otherwise provided in	80086
division (E) of this section, the maximum number of children per	80087
child-care staff member and maximum group size, by age category of	80088
children, are as follows:	80089

	Maximum Number of		80090
	Children Per	Maximum	80091
Age Category	Child-Care	Group	80092
of Children	Staff Member	Size	80093
(a) Infants:			80094
(i) Less than twelve			80095
months old	5:1, or		80096
	12:2 if two		80097
	child-care		80098
	staff members		80099
	are in the room	12	80100
(ii) At least twelve			80101
months old, but			80102
less than eighteen			80103
months old	6:1	12	80104
(b) Toddlers:			80105
(i) At least eighteen			80106
months old, but			80107
less than thirty			80108
months old	7:1	14	80109
(ii) At least thirty months			80110
old, but less than			80111
three years old	8:1	16	80112
(c) Preschool			80113
children:			80114
(i) Three years old	12:1	24	80115
(ii) Four years old and			80116
five years old who			80117
are not school			80118
children	14:1	28	80119
(d) School children:			80120
(i) A child who is			80121
enrolled in or is			80122
eligible to be			80123
enrolled in a grade			80124
of kindergarten			80125
or above, but			80126
is less than			80127
eleven years old	18:1	36	80128
(ii) Eleven through fourteen			80129
years old	20:1	40	80130

Except as otherwise provided in division (E) of this section,	80131
the maximum number of children per child-care staff member and	80132
maximum group size requirements of the younger age group shall	80133
apply when age groups are combined.	80134

(4)(a) The child day-care center administrator shall show the	80135
director both of the following:	80136

(i) Evidence of at least high school graduation or	80137
certification of high school equivalency by the state board of	80138
education or the appropriate agency of another state;	80139

(ii) Evidence of having completed at least two years of	80140
training in an accredited college, university, or technical	80141
college, including courses in child development or early childhood	80142
education, or at least two years of experience in supervising and	80143
giving daily care to children attending an organized group	80144
program, or the equivalent based on a designation as an "early	80145
childhood professional level three" under the career pathways	80146
model of the quality-rating program established under section	80147
5104.30 of the Revised Code.	80148

(b) In addition to the requirements of division (B)(4)(a) of	80149
this section and except as provided in division (B)(4)(c) of this	80150
section, any administrator employed or designated ~~on or after~~	80151
~~September 1, 1986,~~as such prior to the effective date of this	80152
section, as amended, shall show evidence of~~, and any administrator~~	80153
~~employed or designated prior to September 1, 1986, shall show~~	80154
~~evidence~~at least one of the following within six years after ~~such~~	80155
the date of~~, at least one of the following~~employment or	80156
designation:	80157

(i) Two years of experience working as a child-care staff	80158
member in a center and at least four courses in child development	80159
or early childhood education from an accredited college,	80160
university, or technical college, except that a person who has two	80161
years of experience working as a child-care staff member in a	80162
particular center and who has been promoted to or designated as	80163
administrator of that center shall have one year from the time the	80164
person was promoted to or designated as administrator to complete	80165
the required four courses;	80166

(ii) Two years of training, including at least four courses	80167
in child development or early childhood education from an	80168
accredited college, university, or technical college;	80169

(iii) A child development associate credential issued by the	80170
national child development associate credentialing commission;	80171

(iv) An associate or higher degree in child development or	80172
early childhood education from an accredited college, technical	80173
college, or university, or a license designated for teaching in an	80174
associate teaching position in a preschool setting issued by the	80175
state board of education.	80176

(c) For the purposes of division (B)(4)(b) of this section,	80177
any administrator employed or designated as such prior to the	80178
effective date of this section, as amended, may also show evidence	80179
of an administrator's credential as approved by the department of	80180
job and family services in lieu of, or in addition to, the	80181
evidence required under division (B)(4)(b) of this section. The	80182
evidence of an administrator's credential must be shown to the	80183
director not later than one year after the date of employment or	80184
designation.	80185

(d) In addition to the requirements of division (B)(4)(a) of	80186
this section, any administrator employed or designated as such on	80187
or after the effective date of this section, as amended, shall	80188
show evidence of at least one of the following not later than one	80189
year after the date of employment or designation:	80190

(i) Two years of experience working as a child-care staff	80191
member in a center and at least four courses in child development	80192
or early childhood education from an accredited college,	80193
university, or technical college, except that a person who has two	80194
years of experience working as a child-care staff member in a	80195
particular center and who has been promoted to or designated as	80196
administrator of that center shall have one year from the time the	80197
person was promoted to or designated as administrator to complete	80198
the required four courses;	80199

(ii) Two years of training, including at least four courses	80200
in child development or early childhood education from an	80201
accredited college, university, or technical college;	80202

(iii) A child development associate credential issued by the	80203
national child development associate credentialing commission;	80204

(iv) An associate or higher degree in child development or	80205
early childhood education from an accredited college, technical	80206
college, or university, or a license designated for teaching in an	80207
associate teaching position in a preschool setting issued by the	80208
state board of education;	80209

(v) An administrator's credential as approved by the	80210
department of job and family services.	80211

(5) All child-care staff members of a child day-care center	80212
shall be at least eighteen years of age, and shall furnish the	80213
director evidence of at least high school graduation or	80214
certification of high school equivalency by the state board of	80215
education or the appropriate agency of another state or evidence	80216
of completion of a training program approved by the department of	80217
job and family services or state board of education, except as	80218
follows:	80219

(a) A child-care staff member may be less than eighteen years	80220
of age if the staff member is either of the following:	80221

(i) A graduate of a two-year vocational child-care training	80222
program approved by the state board of education;	80223

(ii) A student enrolled in the second year of a vocational	80224
child-care training program approved by the state board of	80225
education which leads to high school graduation, provided that the	80226
student performs the student's duties in the child day-care center	80227
under the continuous supervision of an experienced child-care	80228
staff member, receives periodic supervision from the vocational	80229
child-care training program teacher-coordinator in the student's	80230
high school, and meets all other requirements of this chapter and	80231
rules adopted pursuant to this chapter.	80232

(b) A child-care staff member shall be exempt from the	80233
educational requirements of this division if the staff member:	80234

(i) Prior to January 1, 1972, was employed or designated by a	80235
child day-care center and has been continuously employed since	80236
either by the same child day-care center employer or at the same	80237
child day-care center; or	80238

(ii) Is a student enrolled in the second year of a vocational	80239
child-care training program approved by the state board of	80240
education which leads to high school graduation, provided that the	80241
student performs the student's duties in the child day-care center	80242
under the continuous supervision of an experienced child-care	80243
staff member, receives periodic supervision from the vocational	80244
child-care training program teacher-coordinator in the student's	80245
high school, and meets all other requirements of this chapter and	80246
rules adopted pursuant to this chapter;	80247

(iii) Is receiving or has completed the final year of	80248
instruction at home as authorized under section 3321.04 of the	80249
Revised Code or has graduated from a nonchartered, nonpublic	80250
school in Ohio.	80251

(6) Every child care staff member of a child day-care center	80252
annually shall complete fifteen hours of inservice training in	80253
child development or early childhood education, child abuse	80254
recognition and prevention, first aid, and in prevention,	80255
recognition, and management of communicable diseases, until a	80256
total of forty-five hours of training has been completed, unless	80257
the staff member furnishes one of the following to the director:	80258

(a) Evidence of an associate or higher degree in child	80259
development or early childhood education from an accredited	80260
college, university, or technical college;	80261

(b) A license designated for teaching in an associate	80262
teaching position in a preschool setting issued by the state board	80263
of education;	80264

80265

(d) Evidence of a preprimary credential from the American	80266
Montessori society or the association Montessori internationale.	80267
For the purposes of division (B)(6) of this section, "hour" means	80268
sixty minutes.	80269

~~(7) The administrator of each child day-care center shall~~	80270
~~prepare at least once annually and for each group of children at~~	80271
~~the center a roster of names and telephone numbers of parents,~~	80272
~~custodians, or guardians of each group of children attending the~~	80273
~~center and upon request shall furnish the roster for each group to~~	80274
~~the parents, custodians, or guardians of the children in that~~	80275
~~group. The administrator may prepare a roster of names and~~	80276
~~telephone numbers of all parents, custodians, or guardians of~~	80277
~~children attending the center and upon request shall furnish the~~	80278
~~roster to the parents, custodians, or guardians of the children~~	80279
~~who attend the center. The administrator shall not include in any~~	80280
~~roster the name or telephone number of any parent, custodian, or~~	80281
~~guardian who requests the administrator not to include the~~	80282
~~parent's, custodian's, or guardian's name or number and shall not~~	80283
~~furnish any roster to any person other than a parent, custodian,~~	80284
~~or guardian of a child who attends the center.~~	80285

(C)(1) Each child day-care center shall have on the center	80286
premises and readily available at all times at least one	80287
child-care staff member who has completed a course in first aid	80288
~~and~~, one staff member who has completed a course in prevention,	80289
recognition, and management of communicable diseases which is	80290
approved by the state department of health, and a staff member who	80291
has completed a course in child abuse recognition and prevention	80292
training which is approved by the department of job and family	80293
services.	80294

(2) The administrator of each child day-care center shall	80295
maintain enrollment, health, and attendance records for all	80296
children attending the center and health and employment records	80297
for all center employees. The records shall be confidential,	80298
~~except as otherwise provided in division (B)(7) of this section~~	80299
~~and~~ except that they shall be disclosed by the administrator to	80300
the director upon request for the purpose of administering and	80301
enforcing this chapter and rules adopted pursuant to this chapter.	80302
Neither the center nor the licensee, administrator, or employees	80303
of the center shall be civilly or criminally liable in damages or	80304
otherwise for records disclosed to the director by the	80305
administrator pursuant to this division. It shall be a defense to	80306
any civil or criminal charge based upon records disclosed by the	80307
administrator to the director that the records were disclosed	80308
pursuant to this division.	80309

(3)(a) Any parent who is the residential parent and legal	80310
custodian of a child enrolled in a child day-care center and any	80311
custodian or guardian of such a child shall be permitted unlimited	80312
access to the center during its hours of operation for the	80313
purposes of contacting their children, evaluating the care	80314
provided by the center, evaluating the premises of the center, or	80315
for other purposes approved by the director. A parent of a child	80316
enrolled in a child day-care center who is not the child's	80317
residential parent shall be permitted unlimited access to the	80318
center during its hours of operation for those purposes under the	80319
same terms and conditions under which the residential parent of	80320
that child is permitted access to the center for those purposes.	80321
However, the access of the parent who is not the residential	80322
parent is subject to any agreement between the parents and, to the	80323
extent described in division (C)(3)(b) of this section, is subject	80324
to any terms and conditions limiting the right of access of the	80325
parent who is not the residential parent, as described in division	80326
(I) of section 3109.051 of the Revised Code, that are contained in	80327
a parenting time order or decree issued under that section,	80328
section 3109.12 of the Revised Code, or any other provision of the	80329
Revised Code.	80330

(b) If a parent who is the residential parent of a child has	80331
presented the administrator or the administrator's designee with a	80332
copy of a parenting time order that limits the terms and	80333
conditions under which the parent who is not the residential	80334
parent is to have access to the center, as described in division	80335
(I) of section 3109.051 of the Revised Code, the parent who is not	80336
the residential parent shall be provided access to the center only	80337
to the extent authorized in the order. If the residential parent	80338
has presented such an order, the parent who is not the residential	80339
parent shall be permitted access to the center only in accordance	80340
with the most recent order that has been presented to the	80341
administrator or the administrator's designee by the residential	80342
parent or the parent who is not the residential parent.	80343

(c) Upon entering the premises pursuant to division (C)(3)(a)	80344
or (b) of this section, the parent who is the residential parent	80345
and legal custodian, the parent who is not the residential parent,	80346
or the custodian or guardian shall notify the administrator or the	80347
administrator's designee of the parent's, custodian's, or	80348
guardian's presence.	80349

(D) The director of job and family services, in addition to	80350
the rules adopted under division (A) of this section, shall adopt	80351
rules establishing minimum requirements for child day-care	80352
centers. The rules shall include, but not be limited to, the	80353
requirements set forth in divisions (B) and (C) of this section.	80354
Except as provided in section 5104.07 of the Revised Code, the	80355
rules shall not change the square footage requirements of division	80356
(B)(1) or (2) of this section; the maximum number of children per	80357
child-care staff member and maximum group size requirements of	80358
division (B)(3) of this section; the educational and experience	80359
requirements of division (B)(4) of this section; the age,	80360
educational, and experience requirements of division (B)(5) of	80361
this section; the number and type of inservice training hours	80362
required under division (B)(6) of this section; ~~or the requirement~~	80363
~~for at least annual preparation of a roster for each group of~~	80364
~~children of names and telephone numbers of parents, custodians, or~~	80365
~~guardians of each group of children attending the center that must~~	80366
~~be furnished upon request to any parent, custodian, or guardian of~~	80367
~~any child in that group required under division (B)(7) of this~~	80368
~~section;~~ however, the rules shall provide procedures for	80369
determining compliance with those requirements.	80370

(E)(1) When age groups are combined, the maximum number of	80371
children per child-care staff member shall be determined by the	80372
age of the youngest child in the group, except that when no more	80373
than one child thirty months of age or older receives services in	80374
a group in which all the other children are in the next older age	80375
group, the maximum number of children per child-care staff member	80376
and maximum group size requirements of the older age group	80377
established under division (B)(3) of this section shall apply.	80378

(2) The maximum number of toddlers or preschool children per	80379
child-care staff member in a room where children are napping shall	80380
be twice the maximum number of children per child-care staff	80381
member established under division (B)(3) of this section if all	80382
the following criteria are met:	80383

(a) At least one child-care staff member is present in the	80384
room.	80385

(b) Sufficient child-care staff members are on the child	80386
day-care center premises to meet the maximum number of children	80387
per child-care staff member requirements established under	80388
division (B)(3) of this section.	80389

(c) Naptime preparations are complete and all napping	80390
children are resting or sleeping on cots.	80391

(d) The maximum number established under division (E)(2) of	80392
this section is in effect for no more than ~~one and one-half~~two	80393
hours during a twenty-four-hour day.	80394

(F) The director of job and family services shall adopt rules	80395
pursuant to Chapter 119. of the Revised Code governing the	80396
operation of type A family day-care homes, including, but not	80397
limited to, parent cooperative type A homes, part-time type A	80398
homes, drop-in type A homes, and school child type A homes, which	80399
shall reflect the various forms of child care and the needs of	80400
children receiving child care. The rules shall include the	80401
following:	80402

(1) Submission of a site plan and descriptive plan of	80403
operation to demonstrate how the type A home proposes to meet the	80404
requirements of this chapter and rules adopted pursuant to this	80405
chapter for the initial license application;	80406

(2) Standards for ensuring that the physical surroundings of	80407
the type A home are safe and sanitary, including, but not limited	80408
to, the physical environment, the physical plant, and the	80409
equipment of the type A home;	80410

(3) Standards for the supervision, care, and discipline of	80411
children receiving child care or publicly funded child care in the	80412
type A home;	80413

(4) Standards for a program of activities, and for play	80414
equipment, materials, and supplies, to enhance the development of	80415
each child; however, any educational curricula, philosophies, and	80416
methodologies that are developmentally appropriate and that	80417
enhance the social, emotional, intellectual, and physical	80418
development of each child shall be permissible;	80419

(5) Admissions policies and procedures, health care policies	80420
and procedures, including, but not limited to, procedures for the	80421
isolation of children with communicable diseases, first aid and	80422
emergency procedures, procedures for discipline and supervision of	80423
children, standards for the provision of nutritious meals and	80424
snacks, and procedures for screening children and employees,	80425
including, but not limited to, any necessary physical examinations	80426
and immunizations;	80427

(6) Methods for encouraging parental participation in the	80428
type A home and methods for ensuring that the rights of children,	80429
parents, and employees are protected and that the responsibilities	80430
of parents and employees are met;	80431

(7) Procedures for ensuring the safety and adequate	80432
supervision of children traveling off the premises of the type A	80433
home while under the care of a type A home employee;	80434

(8) Procedures for record keeping, organization, and	80435
administration;	80436

(9) Procedures for issuing, ~~renewing,~~ denying, and revoking a	80437
license that are not otherwise provided for in Chapter 119. of the	80438
Revised Code;	80439

(10) Inspection procedures;

80440

(11) Procedures and standards for setting initial ~~and renewal~~	80441
license application fees;	80442

(12) Procedures for receiving, recording, and responding to	80443
complaints about type A homes;	80444

(13) Procedures for enforcing section 5104.04 of the Revised	80445
Code;	80446

(14) A standard requiring the inclusion, on or after July 1,	80447
1987, of a current department of job and family services toll-free	80448
telephone number on each type A home provisional license or	80449
license which any person may use to report a suspected violation	80450
by the type A home of this chapter or rules adopted pursuant to	80451
this chapter;	80452

(15) Requirements for the training of administrators and	80453
child-care staff members in first aid, in prevention, recognition,	80454
and management of communicable diseases, and in child abuse	80455
recognition and prevention;	80456

(16) ~~Procedures to be used by licensees for checking the~~	80457
~~references of potential employees of type A homes and procedures~~	80458
~~to be used by the director for checking the references of~~	80459
~~applicants for licenses to operate type A homes;~~	80460

~~(17)~~ Standards providing for the special needs of children	80461
who are handicapped or who require treatment for health conditions	80462
while the child is receiving child care or publicly funded child	80463
care in the type A home;	80464

~~(18)~~(17) Standards for the maximum number of children per	80465
child-care staff member;	80466

~~(19)~~(18) Requirements for the amount of usable indoor floor	80467
space for each child;	80468

~~(20)~~(19) Requirements for safe outdoor play space;

80469

~~(21)~~(20) Qualifications and training requirements for	80470
administrators and for child-care staff members;	80471

~~(22)~~(21) Procedures for granting a parent who is the	80472
residential parent and legal custodian, or a custodian or guardian	80473
access to the type A home during its hours of operation;	80474

~~(23)~~(22) Standards for the preparation and distribution of a	80475
roster of parents, custodians, and guardians;	80476

~~(24)~~(23) Any other procedures and standards necessary to	80477
carry out this chapter.	80478

(G) The director of job and family services shall adopt rules	80479
pursuant to Chapter 119. of the Revised Code governing the	80480
certification of type B family day-care homes.	80481

(1) The rules shall include all of the following:

80482

(a) Procedures, standards, and other necessary provisions for	80483
granting limited certification to type B family day-care homes	80484
that are operated by the following adult providers:	80485

(i) Persons who provide child care for eligible children who	80486
are great-grandchildren, grandchildren, nieces, nephews, or	80487
siblings of the provider or for eligible children whose caretaker	80488
parent is a grandchild, child, niece, nephew, or sibling of the	80489
provider;	80490

(ii) Persons who provide child care for eligible children all	80491
of whom are the children of the same caretaker parent;	80492

(b) Procedures for the director to ensure, that type B homes	80493
that receive a limited certification provide child care to	80494
children in a safe and sanitary manner;	80495

(c) Requirements for the type B home to notify parents with	80496
children in the type B home that the type B home is also certified	80497
as a foster home under section 5103.03 of the Revised Code.	80498

With regard to providers who apply for limited certification,	80499
a provider shall be granted a provisional limited certification on	80500
signing a declaration under oath attesting that the provider meets	80501
the standards for limited certification. Such provisional limited	80502
certifications shall remain in effect for no more than sixty	80503
calendar days and shall entitle the provider to offer publicly	80504
funded child care during the provisional period. Except as	80505
otherwise provided in division (G)(1) of this section, section	80506
5104.013 or 5104.09 of the Revised Code, or division (A)(2) of	80507
section 5104.11 of the Revised Code, prior to the expiration of	80508
the provisional limited certificate, a county department of job	80509
and family services shall inspect the home and shall grant limited	80510
certification to the provider if the provider meets the	80511
requirements of this division. Limited certificates remain valid	80512
for two years unless earlier revoked. Except as otherwise provided	80513
in division (G)(1) of this section, providers operating under	80514
limited certification shall be inspected annually.	80515

If a provider is a person described in division (G)(1)(a)(i)	80516
of this section or a person described in division (G)(1)(a)(ii) of	80517
this section who is a friend of the caretaker parent, the provider	80518
and the caretaker parent may verify in writing to the county	80519
department of job and family services that minimum health and	80520
safety requirements are being met in the home. Except as otherwise	80521
provided in section 5104.013 or 5104.09 or in division (A)(2) of	80522
section 5104.11 of the Revised Code, if such verification is	80523
provided, the county shall waive any inspection required by this	80524
chapter and grant limited certification to the provider.	80525

(2) The rules shall provide for safeguarding the health,	80526
safety, and welfare of children receiving child care or publicly	80527
funded child care in a certified type B home and shall include the	80528
following:	80529

(a) Standards for ensuring that the type B home and the	80530
physical surroundings of the type B home are safe and sanitary,	80531
including, but not limited to, physical environment, physical	80532
plant, and equipment;	80533

(b) Standards for the supervision, care, and discipline of	80534
children receiving child care or publicly funded child care in the	80535
home;	80536

(c) Standards for a program of activities, and for play	80537
equipment, materials, and supplies to enhance the development of	80538
each child; however, any educational curricula, philosophies, and	80539
methodologies that are developmentally appropriate and that	80540
enhance the social, emotional, intellectual, and physical	80541
development of each child shall be permissible;	80542

(d) Admission policies and procedures, health care, first aid	80543
and emergency procedures, procedures for the care of sick	80544
children, procedures for discipline and supervision of children,	80545
nutritional standards, and procedures for screening children and	80546
authorized providers, including, but not limited to, any necessary	80547
physical examinations and immunizations;	80548

(e) Methods of encouraging parental participation and	80549
ensuring that the rights of children, parents, and authorized	80550
providers are protected and the responsibilities of parents and	80551
authorized providers are met;	80552

(f) Standards for the safe transport of children when under	80553
the care of authorized providers;	80554

(g) Procedures for issuing, renewing, denying, refusing to	80555
renew, or revoking certificates;	80556

(h) Procedures for the inspection of type B homes that	80557
require, at a minimum, that each type B home be inspected prior to	80558
certification to ensure that the home is safe and sanitary;	80559

(i) Procedures for record keeping and evaluation;

80560

(j) Procedures for receiving, recording, and responding to	80561
complaints;	80562

(k) Standards providing for the special needs of children who	80563
are handicapped or who receive treatment for health conditions	80564
while the child is receiving child care or publicly funded child	80565
care in the type B home;	80566

(l) Requirements for the amount of usable indoor floor space	80567
for each child;	80568

(m) Requirements for safe outdoor play space;

80569

(n) Qualification and training requirements for authorized	80570
providers;	80571

(o) Procedures for granting a parent who is the residential	80572
parent and legal custodian, or a custodian or guardian access to	80573
the type B home during its hours of operation;	80574

(p) Requirements for the type B home to notify parents with	80575
children in the type B home that the type B home is also certified	80576
as a foster home under section 5103.03 of the Revised Code;	80577

(q) Any other procedures and standards necessary to carry out	80578
this chapter.	80579

(H) The director shall adopt rules pursuant to Chapter 119.	80580
of the Revised Code governing the certification of in-home aides.	80581
The rules shall include procedures, standards, and other necessary	80582
provisions for granting limited certification to in-home aides who	80583
provide child care for eligible children who are	80584
great-grandchildren, grandchildren, nieces, nephews, or siblings	80585
of the in-home aide or for eligible children whose caretaker	80586
parent is a grandchild, child, niece, nephew, or sibling of the	80587
in-home aide. The rules shall require, and shall include	80588
procedures for the director to ensure, that in-home aides that	80589
receive a limited certification provide child care to children in	80590
a safe and sanitary manner. The rules shall provide for	80591
safeguarding the health, safety, and welfare of children receiving	80592
publicly funded child care in their own home and shall include the	80593
following:	80594

(1) Standards for ensuring that the child's home and the	80595
physical surroundings of the child's home are safe and sanitary,	80596
including, but not limited to, physical environment, physical	80597
plant, and equipment;	80598

(2) Standards for the supervision, care, and discipline of	80599
children receiving publicly funded child care in their own home;	80600

(3) Standards for a program of activities, and for play	80601
equipment, materials, and supplies to enhance the development of	80602
each child; however, any educational curricula, philosophies, and	80603
methodologies that are developmentally appropriate and that	80604
enhance the social, emotional, intellectual, and physical	80605
development of each child shall be permissible;	80606

(4) Health care, first aid, and emergency procedures,	80607
procedures for the care of sick children, procedures for	80608
discipline and supervision of children, nutritional standards, and	80609
procedures for screening children and in-home aides, including,	80610
but not limited to, any necessary physical examinations and	80611
immunizations;	80612

(5) Methods of encouraging parental participation and	80613
ensuring that the rights of children, parents, and in-home aides	80614
are protected and the responsibilities of parents and in-home	80615
aides are met;	80616

(6) Standards for the safe transport of children when under	80617
the care of in-home aides;	80618

(7) Procedures for issuing, renewing, denying, refusing to	80619
renew, or revoking certificates;	80620

(8) Procedures for inspection of homes of children receiving	80621
publicly funded child care in their own homes;	80622

(9) Procedures for record keeping and evaluation;

80623

(10) Procedures for receiving, recording, and responding to	80624
complaints;	80625

(11) Qualifications and training requirements for in-home	80626
aides;	80627

(12) Standards providing for the special needs of children	80628
who are handicapped or who receive treatment for health conditions	80629
while the child is receiving publicly funded child care in the	80630
child's own home;	80631

(13) Any other procedures and standards necessary to carry	80632
out this chapter.	80633

(I) To the extent that any rules adopted for the purposes of	80634
this section require a health care professional to perform a	80635
physical examination, the rules shall include as a health care	80636
professional a physician assistant, a clinical nurse specialist, a	80637
certified nurse practitioner, or a certified nurse-midwife.	80638

(J)(1) The director of job and family services shall do all	80639
of the following:	80640

(a) Provide or make available in either paper or electronic	80641
form to each licensee notice of proposed rules governing the	80642
licensure of child day-care centers and type A homes;	80643

(b) Give public notice of hearings regarding the rules to	80644
each licensee at least thirty days prior to the date of the public	80645
hearing, in accordance with section 119.03 of the Revised Code;	80646

(c) At least thirty days before the effective date of a rule,	80647
provide, in either paper or electronic form, a copy of the adopted	80648
rule to each licensee.	80649

(2) The director shall do all of the following:

80650

(a) Send to each county director of job and family services a	80651
notice of proposed rules governing the certification of type B	80652
family homes and in-home aides that includes an internet web site	80653
address where the proposed rules can be viewed;	80654

(b) Give public notice of hearings regarding the proposed	80655
rules not less than thirty days in advance;	80656

(c) Provide to each county director of job and family	80657
services an electronic copy of each adopted rule at least	80658
forty-five days prior to the rule's effective date.	80659

(3) The county director of job and family services shall	80660
provide or make available in either paper or electronic form to	80661
each authorized provider and in-home aide copies of proposed rules	80662
and shall give public notice of hearings regarding the rules to	80663
each authorized provider and in-home aide at least thirty days	80664
prior to the date of the public hearing, in accordance with	80665
section 119.03 of the Revised Code. At least thirty days before	80666
the effective date of a rule, the county director of job and	80667
family services shall provide, in either paper or electronic form,	80668
copies of the adopted rule to each authorized provider and in-home	80669
aide.	80670

(4) Additional copies of proposed and adopted rules shall be	80671
made available by the director of job and family services to the	80672
public on request at no charge.	80673

(5) The director of job and family services ~~shall recommend~~	80674
~~standards~~may adopt rules pursuant to Chapter 119. of the Revised	80675
Code for imposing sanctions on persons and entities that are	80676
licensed or certified under this chapter ~~and that violate any~~	80677
~~provision of this chapter~~. The ~~standards~~sanctions shall be based	80678
on the scope and severity of the violations. ~~The director shall~~	80679
~~provide copies of the recommendations to the governor, the speaker~~	80680
~~and minority leader of the house of representatives, and the~~	80681
~~president and minority leader of the senate and, on request, shall~~	80682
~~make copies available to the public.~~	80683

~~(6)~~Sanctions adopted under division (J)(5) of this section	80684
may be imposed only for a serious risk noncompliance violation of	80685
licensure or certification standards. Sanctions for a serious risk	80686
noncompliance violation identified in a single licensure or	80687
certification visit that does not result in permanent harm to, or	80688
death of, a child may include one or more of the following:	80689

(a) Completion of training or technical assistance;

80690

(b) Additional targeted monitoring or extension of a	80691
provisional license or certification if applicable.	80692

For the purposes of division (J)(5) of this section, "serious	80693
risk noncompliance violation" means a licensure or certification	80694
standard violation that leads to the greatest risk of permanent	80695
harm to, or death of, a child and is observable, not inferable.	80696

(6) The director of job and family services shall adopt rules	80697
pursuant to Chapter 119. of the Revised Code establishing	80698
incentives for persons and entities that are licensed or certified	80699
under this chapter and have a history of substantial compliance	80700
with licensure or certification standards. Incentives shall	80701
include, but not be limited to, less frequent or focused licensure	80702
or certification visits, participation in the quality-rating	80703
program established under section 5104.30 of the Revised Code, and	80704
scholarships for training.	80705

(7) The director of job and family services shall adopt rules	80706
pursuant to Chapter 119. of the Revised Code that establish	80707
standards for the training of individuals whom any county	80708
department of job and family services employs, with whom any	80709
county department of job and family services contracts, or with	80710
whom the director of job and family services contracts, to inspect	80711
or investigate type B family day-care homes pursuant to section	80712
5104.11 of the Revised Code. The department shall provide training	80713
in accordance with those standards for individuals in the	80714
categories described in this division.	80715

(K) The director of job and family services shall review all	80716
rules adopted pursuant to this chapter at least once every seven	80717
years.	80718

(L) Notwithstanding any provision of the Revised Code, the	80719
director of job and family services shall not regulate in any way	80720
under this chapter or rules adopted pursuant to this chapter,	80721
instruction in religious or moral doctrines, beliefs, or values.	80722

Sec. 5104.04. (A) The department of job and family services	80723
shall establish procedures to be followed in investigating,	80724
inspecting, and licensing child day-care centers and type A family	80725
day-care homes.	80726

(B)(1)(a) The department shall, at least once during every	80727
twelve-month period of operation of a center or type A home,	80728
inspect the center or type A home. The department shall inspect a	80729
part-time center or part-time type A home at least once during	80730
every twelve-month period of operation. The department shall	80731
provide a written inspection report to the licensee within a	80732
reasonable time after each inspection. The licensee shall display	80733
all written reports of inspections conducted during the current	80734
licensing period in a conspicuous place in the center or type A	80735
home.	80736

Inspections may be unannounced. No person, firm,	80737
organization, institution, or agency shall interfere with the	80738
inspection of a center or type A home by any state or local	80739
official engaged in performing duties required of the state or	80740
local official by Chapter 5104. of the Revised Code or rules	80741
adopted pursuant to Chapter 5104. of the Revised Code, including	80742
inspecting the center or type A home, reviewing records, or	80743
interviewing licensees, employees, children, or parents.	80744

(b) Upon receipt of any complaint that a center or type A	80745
home is out of compliance with the requirements of Chapter 5104.	80746
of the Revised Code or rules adopted pursuant to Chapter 5104. of	80747
the Revised Code, the department shall investigate the center or	80748
home, and both of the following apply:	80749

(i) If the complaint alleges that a child suffered physical	80750
harm while receiving child care at the center or home or that the	80751
noncompliance alleged in the complaint involved, resulted in, or	80752
poses a substantial risk of physical harm to a child receiving	80753
child care at the center or home, the department shall inspect the	80754
center or home.	80755

(ii) If division (B)(1)(b)(i) of this section does not apply	80756
regarding the complaint, the department may inspect the center or	80757
home.	80758

(c) Division (B)(1)(b) of this section does not limit,	80759
restrict, or negate any duty of the department to inspect a center	80760
or type A home that otherwise is imposed under this section, or	80761
any authority of the department to inspect a center or type A home	80762
that otherwise is granted under this section when the department	80763
believes the inspection is necessary and it is permitted under the	80764
grant.	80765

(2) If the department implements an instrument-based program	80766
monitoring information system, it may use an indicator checklist	80767
to comply with division (B)(1) of this section.	80768

(3) The department shall contract with a third party by the	80769
first day of October in each even-numbered year to collect	80770
information concerning the amounts charged by the center or home	80771
for providing child care services for use in establishing	80772
reimbursement ceilings and payment pursuant to section 5104.30 of	80773
the Revised Code. The third party shall compile the information	80774
and report the results of the survey to the department not later	80775
than the first day of December in each even-numbered year.	80776

(C) ~~In the event a licensed center or type A home is~~	80777
~~determined to be out of compliance with the requirements of~~	80778
~~Chapter 5104. of the Revised Code or rules adopted pursuant to~~	80779
~~Chapter 5104. of the Revised Code, the department shall notify the~~	80780
~~licensee of the center or type A home in writing regarding the~~	80781
~~nature of the violation, what must be done to correct the~~	80782
~~violation, and by what date the correction must be made. If the~~	80783
~~correction is not made by the date established by the department,~~	80784
~~the department may commence action under Chapter 119. of the~~	80785
~~Revised Code to revoke the license. The department's commencement~~	80786
~~of an action to revoke the license is sufficient notice that the~~	80787
~~correction has not been made, and no other notice regarding the~~	80788
~~correction is required.~~	80789

~~(D)~~ The department may deny an application or revoke a	80790
license~~, or refuse to renew a license~~ of a center or type A home,	80791
if the applicant knowingly makes a false statement on the	80792
application, the center or home does not comply with the	80793
requirements of Chapter 5104. or rules adopted pursuant to Chapter	80794
5104. of the Revised Code, or the applicant or owner has pleaded	80795
guilty to or been convicted of an offense described in section	80796
5104.09 of the Revised Code.	80797

~~(E)~~(D) If the department finds, after notice and hearing	80798
pursuant to Chapter 119. of the Revised Code, that any applicant,	80799
person, firm, organization, institution, or agency applying for	80800
licensure or licensed under section 5104.03 of the Revised Code is	80801
in violation of any provision of Chapter 5104. of the Revised Code	80802
or rules adopted pursuant to Chapter 5104. of the Revised Code,	80803
the department may issue an order of denial to the applicant or an	80804
order of revocation to the center or type A home revoking the	80805
license previously issued by the department. Upon the issuance of	80806
~~any~~such an order ~~of revocation~~, the person whose application is	80807
denied or whose license is revoked may appeal in accordance with	80808
section 119.12 of the Revised Code.	80809

~~(F)~~(E) The surrender of a center or type A home license to	80810
the department or the withdrawal of an application for licensure	80811
by the owner or administrator of the center or type A home shall	80812
not prohibit the department from instituting any of the actions	80813
set forth in this section.	80814

~~(G)~~(F) Whenever the department receives a complaint, is	80815
advised, or otherwise has any reason to believe that a center or	80816
type A home is providing child care without a license issued or	80817
renewed pursuant to section 5104.03 and is not exempt from	80818
licensing pursuant to section 5104.02 of the Revised Code, the	80819
department shall investigate the center or type A home and may	80820
inspect the areas children have access to or areas necessary for	80821
the care of children in the center or type A home during suspected	80822
hours of operation to determine whether the center or type A home	80823
is subject to the requirements of Chapter 5104. or rules adopted	80824
pursuant to Chapter 5104. of the Revised Code.	80825

~~(H)~~(G) The department, upon determining that the center or	80826
type A home is operating without a license, shall notify the	80827
attorney general, the prosecuting attorney of the county in which	80828
the center or type A home is located, or the city attorney,	80829
village solicitor, or other chief legal officer of the municipal	80830
corporation in which the center or type A home is located, that	80831
the center or type A home is operating without a license. Upon	80832
receipt of the notification, the attorney general, prosecuting	80833
attorney, city attorney, village solicitor, or other chief legal	80834
officer of a municipal corporation shall file a complaint in the	80835
court of common pleas of the county in which the center or type A	80836
home is located requesting that the court grant an order enjoining	80837
the owner from operating the center or type A home in violation of	80838
section 5104.02 of the Revised Code. The court shall grant such	80839
injunctive relief upon a showing that the respondent named in the	80840
complaint is operating a center or type A home and is doing so	80841
without a license.	80842

~~(I)~~(H) The department shall prepare an annual report on	80843
inspections conducted under this section. The report shall include	80844
the number of inspections conducted, the number and types of	80845
violations found, and the steps taken to address the violations.	80846
The department shall file the report with the governor, the	80847
president and minority leader of the senate, and the speaker and	80848
minority leader of the house of representatives on or before the	80849
first day of January of each year, beginning in 1999.	80850

Sec. 5104.13. ~~No later than July 1, 1998, and at reasonable~~	80851
~~intervals thereafter, the~~The department of job and family	80852
services shall ~~publish~~prepare a guide describing the state	80853
statutes and rules governing the certification of type B family	80854
day-care homes. The department ~~shall distribute~~may publish the	80855
guide ~~to county departments of job and family services in~~	80856
~~sufficient number that a copy is available to each~~electronically	80857
or otherwise and shall do so in a manner that the guide is	80858
accessible to the public, including type B home ~~provider~~	80859
providers.	80860

Sec. 5104.30. (A) The department of job and family services	80861
is hereby designated as the state agency responsible for	80862
administration and coordination of federal and state funding for	80863
publicly funded child care in this state. Publicly funded child	80864
care shall be provided to the following:	80865

(1) Recipients of transitional child care as provided under	80866
section 5104.34 of the Revised Code;	80867

(2) Participants in the Ohio works first program established	80868
under Chapter 5107. of the Revised Code;	80869

(3) Individuals who would be participating in the Ohio works	80870
first program if not for a sanction under section 5107.16 of the	80871
Revised Code and who continue to participate in a work activity,	80872
developmental activity, or alternative work activity pursuant to	80873
an assignment under section 5107.42 of the Revised Code;	80874

(4) A family receiving publicly funded child care on October	80875
1, 1997, until the family's income reaches one hundred fifty per	80876
cent of the federal poverty line;	80877

(5) Subject to available funds, other individuals determined	80878
eligible in accordance with rules adopted under section 5104.38 of	80879
the Revised Code.	80880

The department shall apply to the United States department of	80881
health and human services for authority to operate a coordinated	80882
program for publicly funded child care, if the director of job and	80883
family services determines that the application is necessary. For	80884
purposes of this section, the department of job and family	80885
services may enter into agreements with other state agencies that	80886
are involved in regulation or funding of child care. The	80887
department shall consider the special needs of migrant workers	80888
when it administers and coordinates publicly funded child care and	80889
shall develop appropriate procedures for accommodating the needs	80890
of migrant workers for publicly funded child care.	80891

(B) The department of job and family services shall	80892
distribute state and federal funds for publicly funded child care,	80893
including appropriations of state funds for publicly funded child	80894
care and appropriations of federal funds available under the child	80895
care block grant act, Title IV-A, and Title XX. The department may	80896
use any state funds appropriated for publicly funded child care as	80897
the state share required to match any federal funds appropriated	80898
for publicly funded child care.	80899

(C) In the use of federal funds available under the child	80900
care block grant act, all of the following apply:	80901

(1) The department may use the federal funds to hire staff to	80902
prepare any rules required under this chapter and to administer	80903
and coordinate federal and state funding for publicly funded child	80904
care.	80905

(2) Not more than five per cent of the aggregate amount of	80906
the federal funds received for a fiscal year may be expended for	80907
administrative costs.	80908

(3) The department shall allocate and use at least four per	80909
cent of the federal funds for the following:	80910

(a) Activities designed to provide comprehensive consumer	80911
education to parents and the public;	80912

(b) Activities that increase parental choice;

80913

(c) Activities, including child care resource and referral	80914
services, designed to improve the quality, and increase the	80915
supply, of child care;	80916

(d) Establishing a voluntary child day-care center	80917
quality-rating program in which participation in the program may	80918
allow a child day-care center to be eligible for grants, technical	80919
assistance, training, or other assistance and become eligible for	80920
unrestricted monetary awards for maintaining a quality rating.	80921

(4) The department shall ensure that the federal funds will	80922
be used only to supplement, and will not be used to supplant,	80923
federal, state, and local funds available on the effective date of	80924
the child care block grant act for publicly funded child care and	80925
related programs. If authorized by rules adopted by the department	80926
pursuant to section 5104.42 of the Revised Code, county	80927
departments of job and family services may purchase child care	80928
from funds obtained through any other means.	80929

(D) The department shall encourage the development of	80930
suitable child care throughout the state, especially in areas with	80931
high concentrations of recipients of public assistance and	80932
families with low incomes. The department shall encourage the	80933
development of suitable child care designed to accommodate the	80934
special needs of migrant workers. On request, the department,	80935
through its employees or contracts with state or community child	80936
care resource and referral service organizations, shall provide	80937
consultation to groups and individuals interested in developing	80938
child care. The department of job and family services may enter	80939
into interagency agreements with the department of education, the	80940
board of regents, the department of development, and other state	80941
agencies and entities whenever the cooperative efforts of the	80942
other state agencies and entities are necessary for the department	80943
of job and family services to fulfill its duties and	80944
responsibilities under this chapter.	80945

The department shall develop and maintain a registry of	80946
persons providing child care. The director shall adopt rules	80947
pursuant to Chapter 119. of the Revised Code establishing	80948
procedures and requirements for the registry's administration.	80949

(E)(1) The director shall adopt rules in accordance with	80950
Chapter 119. of the Revised Code establishing both of the	80951
following:	80952

(a) Reimbursement ceilings for providers of publicly funded	80953
child care not later than the first day of July in each	80954
odd-numbered year;	80955

(b) A procedure for reimbursing and paying providers of	80956
publicly funded child care.	80957

(2) In establishing reimbursement ceilings under division	80958
(E)(1)(a) of this section, the director shall do all of the	80959
following:	80960

(a) Use the information obtained under division (B)(3) of	80961
section 5104.04 of the Revised Code;	80962

(b) Establish an enhanced reimbursement ceiling for providers	80963
who provide child care for caretaker parents who work	80964
nontraditional hours;	80965

(c) For a type B family day-care home provider that has	80966
received limited certification pursuant to rules adopted under	80967
division (G)(1) of section 5104.011 of the Revised Code, establish	80968
a reimbursement ceiling that is the following:	80969

(i) If the provider is a person described in division	80970
(G)(1)(a)(i) of section 5104.011 of the Revised Code, seventy-five	80971
per cent of the reimbursement ceiling that applies to a type B	80972
family day-care home certified by the same county department of	80973
job and family services pursuant to section 5104.11 of the Revised	80974
Code;	80975

(ii) If the provider is a person described in division	80976
(G)(1)(a)(ii) of section 5104.011 of the Revised Code, sixty per	80977
cent of the reimbursement ceiling that applies to a type B family	80978
day-care home certified by the same county department pursuant to	80979
section 5104.11 of the Revised Code.	80980

(d) With regard to the voluntary child day-care center	80981
quality-rating program established pursuant to division (C)(3)(d)	80982
of this section, do both of the following:	80983

(i) Establish enhanced reimbursement ceilings for child	80984
day-care centers that participate in the program and maintain	80985
quality ratings under the program;	80986

(ii) Weigh any reduction in reimbursement ceilings more	80987
heavily against child day-care centers that do not participate in	80988
the program or do not maintain quality ratings under the program.	80989

(3) In establishing reimbursement ceilings under division	80990
(E)(1)(a) of this section, the director may establish different	80991
reimbursement ceilings based on any of the following:	80992

(a) Geographic location of the provider;

80993

(b) Type of care provided;

80994

80995

(d) Special needs of the child served;

80996

(e) Whether the expanded hours of service are provided;

80997

(f) Whether weekend service is provided;

80998

(g) Whether the provider has exceeded the minimum	80999
requirements of state statutes and rules governing child care;	81000

(h) Any other factors the director considers appropriate.

81001

(F) The director shall adopt rules in accordance with Chapter	81002
119. of the Revised Code to implement the voluntary child day-care	81003
center quality-rating program described in division (C)(3)(d) of	81004
this section.	81005

Sec. 5104.32. (A) Except as provided in division (C) of this	81006
section, all purchases of publicly funded child care shall be made	81007
under a contract entered into by a licensed child day-care center,	81008
licensed type A family day-care home, certified type B family	81009
day-care home, certified in-home aide, approved child day camp,	81010
licensed preschool program, licensed school child program, or	81011
border state child care provider and the ~~county~~ department of job	81012
and family services. ~~A county department of job and family~~	81013
~~services may enter into a contract with a provider for publicly~~	81014
~~funded child care for a specified period of time or upon a~~	81015
~~continuous basis for an unspecified period of time.~~ All contracts	81016
for publicly funded child care shall be contingent upon the	81017
availability of state and federal funds. The department ~~of job and~~	81018
~~family services~~ shall prescribe a standard form to be used for all	81019
contracts for the purchase of publicly funded child care,	81020
regardless of the source of public funds used to purchase the	81021
child care. To the extent permitted by federal law and	81022
notwithstanding any other provision of the Revised Code that	81023
regulates state ~~or county~~ contracts or contracts involving the	81024
expenditure of state~~, county,~~ or federal funds, all contracts for	81025
publicly funded child care shall be entered into in accordance	81026
with the provisions of this chapter and are exempt from any other	81027
provision of the Revised Code that regulates state ~~or county~~	81028
contracts or contracts involving the expenditure of state~~, county,~~	81029
or federal funds.	81030

(B) Each contract for publicly funded child care shall	81031
specify at least the following:	81032

(1) That the provider of publicly funded child care agrees to	81033
be paid for rendering services at the ~~lowest~~lower of the rate	81034
customarily charged by the provider for children enrolled for	81035
child care,or the reimbursement ceiling or rate of payment	81036
established pursuant to section 5104.30 of the Revised Code~~, or a~~	81037
~~rate the county department negotiates with the provider~~;	81038

(2) That, if a provider provides child care to an individual	81039
potentially eligible for publicly funded child care who is	81040
subsequently determined to be eligible, the ~~county~~ department	81041
agrees to pay for all child care provided between the date the	81042
county department of job and family services receives the	81043
individual's completed application and the date the individual's	81044
eligibility is determined;	81045

(3) Whether the county department of job and family services,	81046
the provider, or a child care resource and referral service	81047
organization will make eligibility determinations, whether the	81048
provider or a child care resource and referral service	81049
organization will be required to collect information to be used by	81050
the county department to make eligibility determinations, and the	81051
time period within which the provider or child care resource and	81052
referral service organization is required to complete required	81053
eligibility determinations or to transmit to the county department	81054
any information collected for the purpose of making eligibility	81055
determinations;	81056

(4) That the provider, other than a border state child care	81057
provider, shall continue to be licensed, approved, or certified	81058
pursuant to this chapter and shall comply with all standards and	81059
other requirements in this chapter and in rules adopted pursuant	81060
to this chapter for maintaining the provider's license, approval,	81061
or certification;	81062

(5) That, in the case of a border state child care provider,	81063
the provider shall continue to be licensed, certified, or	81064
otherwise approved by the state in which the provider is located	81065
and shall comply with all standards and other requirements	81066
established by that state for maintaining the provider's license,	81067
certificate, or other approval;	81068

(6) Whether the provider will be paid by the ~~county~~	81069
~~department of job and family services, the~~ state department of job	81070
and family services, or in some other manner as prescribed by	81071
rules adopted under section 5104.42 of the Revised Code;	81072

(7) That the contract is subject to the availability of state	81073
and federal funds;	81074

(8) That, in the case of a certified type B family day-care	81075
home, the provider will be paid according to an hourly	81076
reimbursement rate when day care is provided for one-tenth of an	81077
hour to nine and nine-tenths hours per week. For the purpose of	81078
the reimbursement rate, a part-time week shall be considered ten	81079
hours to twenty-four and nine-tenths hours of day care.	81080

(C) Unless specifically prohibited by federal law or by rules	81081
adopted under section 5104.42 of the Revised Code, the county	81082
department of job and family services shall give individuals	81083
eligible for publicly funded child care the option of obtaining	81084
certificates ~~for payment~~ that the individual may use to purchase	81085
services from any provider qualified to provide publicly funded	81086
child care under section 5104.31 of the Revised Code. Providers of	81087
publicly funded child care may present these certificates for	81088
payment ~~for reimbursement~~ in accordance with rules that the	81089
director of job and family services shall adopt. Only providers	81090
may receive ~~reimbursement~~payment for certificates ~~for payment~~.	81091
The value of the certificate ~~for payment~~ shall be based on the	81092
~~lowest~~lower of the rate customarily charged by the provider~~, the~~	81093
~~reimbursement ceiling~~ or the rate of payment established pursuant	81094
to section 5104.30 of the Revised Code~~, or a rate the county~~	81095
~~department negotiates with the provider~~. The county department may	81096
provide the certificates ~~for payment~~ to the individuals or may	81097
contract with child care providers or child care resource and	81098
referral service organizations that make determinations of	81099
eligibility for publicly funded child care pursuant to contracts	81100
entered into under section 5104.34 of the Revised Code for the	81101
providers or resource and referral service organizations to	81102
provide the certificates ~~for payment~~ to individuals whom they	81103
determine are eligible for publicly funded child care.	81104

For each six-month period a provider of publicly funded child	81105
care provides publicly funded child day-care to the child of an	81106
individual given certificates ~~for payment~~, the individual shall	81107
provide the provider certificates for days the provider would have	81108
provided publicly funded child care to the child had the child	81109
been present. The maximum number of days providers shall be	81110
provided certificates shall not exceed ten days in a six-month	81111
period during which publicly funded child care is provided to the	81112
child regardless of the number of providers that provide publicly	81113
funded child care to the child during that period.	81114

Sec. 5104.341. (A) Except as provided in division (B) of	81115
this section, both of the following apply:	81116

(1) An eligibility determination made under section 5104.34	81117
of the Revised Code for publicly funded child care is valid for	81118
one year;	81119

(2) The county department of job and family services shall	81120
adjust the appropriate level of a fee charged under division (B)	81121
of section 5104.34 of the Revised Code if a caretaker parent	81122
reports changes in income, family size, or both.	81123

(B) Division (A) of this section does not apply ~~in either of~~	81124
~~the following circumstances:~~	81125

~~(1) The publicly funded child care is provided under division~~	81126
~~(B)(4) of section 5104.35 of the Revised Code;~~	81127

~~(2) The~~if the recipient of the publicly funded child care	81128
ceases to be eligible for publicly funded child care.	81129

Sec. 5104.35. (A) ~~The~~Each county department of job and	81130
family services shall do all of the following:	81131

(1) Accept any gift, grant, or other funds from either public	81132
or private sources offered unconditionally or under conditions	81133
which are, in the judgment of the department, proper and	81134
consistent with this chapter and deposit the funds in the county	81135
public assistance fund established by section 5101.161 of the	81136
Revised Code;	81137

(2) Recruit individuals and groups interested in	81138
certification as in-home aides or in developing and operating	81139
suitable licensed child day-care centers, type A family day-care	81140
homes, or certified type B family day-care homes, especially in	81141
areas with high concentrations of recipients of public assistance,	81142
and for that purpose provide consultation to interested	81143
individuals and groups on request;	81144

(3) Inform clients of the availability of child care	81145
services;	81146

~~(4) Pay to a child day-care center, type A family day-care~~	81147
~~home, certified type B family day-care home, in-home aide,~~	81148
~~approved child day camp, licensed preschool program, licensed~~	81149
~~school child program, or border state child care provider for~~	81150
~~child care services, the amount provided for in division (B) of~~	81151
~~section 5104.32 of the Revised Code. If part of the cost of care~~	81152
~~of a child is paid by the child's parent or any other person, the~~	81153
~~amount paid shall be subtracted from the amount the provider is~~	81154
~~paid.~~	81155

~~(5) In accordance with rules adopted pursuant to section~~	81156
~~5104.39 of the Revised Code, provide monthly reports to the~~	81157
~~director of job and family services and the director of budget and~~	81158
~~management regarding expenditures for the purchase of publicly~~	81159
~~funded child care~~.	81160

(B) ~~The~~A county department of job and family services may do	81161
~~any of the following:~~	81162

~~(1) To~~, to the extent permitted by federal law, use public	81163
child care funds to extend the hours of operation of the county	81164
department to accommodate the needs of working caretaker parents	81165
and enable those parents to apply for publicly funded child care;	81166

~~(2) In accordance with rules adopted by the director of job~~	81167
~~and family services, request a waiver of the reimbursement ceiling~~	81168
~~established pursuant to section 5104.30 of the Revised Code for~~	81169
~~the purpose of paying a higher rate for publicly funded child care~~	81170
~~based upon the special needs of a child;~~	81171

~~(3) To the extent permitted by federal law, use state and~~	81172
~~federal funds to pay deposits and other advance payments that a~~	81173
~~provider of child care customarily charges all children who~~	81174
~~receive child care from that provider;~~	81175

~~(4) To the extent permitted by federal law, pay for up to~~	81176
~~thirty days of child care for a child whose caretaker parent is~~	81177
~~seeking employment, taking part in employment orientation~~	81178
~~activities, or taking part in activities in anticipation of~~	81179
~~enrollment or attendance in an education or training program or~~	81180
~~activity, if the employment or education or training program or~~	81181
~~activity is expected to begin within the thirty-day period~~.	81182

Sec. 5104.37. The department of job and family services ~~and~~	81183
~~a county department of job and family services~~ may withhold any	81184
money due, and recover through any appropriate method any money	81185
erroneously paid, under this chapter if evidence exists of less	81186
than full compliance with this chapter and any rules adopted under	81187
it.	81188

Sec. 5104.38. In addition to any other rules adopted under	81189
this chapter, the director of job and family services shall adopt	81190
rules in accordance with Chapter 119. of the Revised Code	81191
governing financial and administrative requirements for publicly	81192
funded child care and establishing all of the following:	81193

(A) Procedures and criteria to be used in making	81194
determinations of eligibility for publicly funded child care that	81195
give priority to children of families with lower incomes and	81196
procedures and criteria for eligibility for publicly funded	81197
protective child care. The rules shall specify the maximum amount	81198
of income a family may have for initial and continued eligibility.	81199
The maximum amount shall not exceed two hundred per cent of the	81200
federal poverty line. The rules may specify exceptions to the	81201
eligibility requirements in the case of a family that previously	81202
received publicly funded child care and is seeking to have the	81203
child care reinstated after the family's eligibility was	81204
terminated.	81205

(B) Procedures under which a county department of job and	81206
family services may, if the department, under division (A) of this	81207
section, specifies a maximum amount of income a family may have	81208
for eligibility for publicly funded child care that is less than	81209
the maximum amount specified in that division, specify a maximum	81210
amount of income a family residing in the county the county	81211
department serves may have for initial and continued eligibility	81212
for publicly funded child care that is higher than the amount	81213
specified by the department but does not exceed the maximum amount	81214
specified in division (A) of this section;	81215

(C) A schedule of fees requiring all eligible caretaker	81216
parents to pay a fee for publicly funded child care according to	81217
income and family size, which shall be uniform for all types of	81218
publicly funded child care, except as authorized by rule, and, to	81219
the extent permitted by federal law, shall permit the use of state	81220
and federal funds to pay the customary deposits and other advance	81221
payments that a provider charges all children who receive child	81222
care from that provider. The schedule of fees may not provide for	81223
a caretaker parent to pay a fee that exceeds ten per cent of the	81224
parent's family income.	81225

(D) A formula ~~based upon a percentage of the county's total~~	81226
~~expenditures for publicly funded child care~~ for determining the	81227
~~maximum~~ amount of state and federal funds appropriated for	81228
publicly funded child care that may be allocated to a county	81229
department ~~may~~to use for administrative purposes;	81230

(E) Procedures to be followed by the department and county	81231
departments in recruiting individuals and groups to become	81232
providers of child care;	81233

(F) Procedures to be followed in establishing state or local	81234
programs designed to assist individuals who are eligible for	81235
publicly funded child care in identifying the resources available	81236
to them and to refer the individuals to appropriate sources to	81237
obtain child care;	81238

(G) Procedures to deal with fraud and abuse committed by	81239
either recipients or providers of publicly funded child care;	81240

(H) Procedures for establishing a child care grant or loan	81241
program in accordance with the child care block grant act;	81242

(I) Standards and procedures for applicants to apply for	81243
grants and loans, and for the department to make grants and loans;	81244

(J) A definition of "person who stands in loco parentis" for	81245
the purposes of division ~~(II)(1)~~(JJ)(1) of section 5104.01 of the	81246
Revised Code;	81247

(K) Procedures for a county department of job and family	81248
services to follow in making eligibility determinations and	81249
redeterminations for publicly funded child care available through	81250
telephone, computer, and other means at locations other than the	81251
county department;	81252

(L) If the director establishes a different reimbursement	81253
ceiling under division (E)(3)(d) of section 5104.30 of the Revised	81254
Code, standards and procedures for determining the amount of the	81255
higher payment that is to be issued to a child care provider based	81256
on the special needs of the child being served;	81257

(M) To the extent permitted by federal law, procedures for	81258
paying for up to thirty days of child care for a child whose	81259
caretaker parent is seeking employment, taking part in employment	81260
orientation activities, or taking part in activities in	81261
anticipation of enrolling in or attending an education or training	81262
program or activity, if the employment or the education or	81263
training program or activity is expected to begin within the	81264
thirty-day period;	81265

(N) Any other rules necessary to carry out sections 5104.30	81266
to ~~5104.39~~5104.43 of the Revised Code.	81267

Sec. 5104.39. (A) The director of job and family services	81268
shall adopt rules in accordance with Chapter 119. of the Revised	81269
Code establishing a procedure for monitoring the expenditures of	81270
~~county departments of job and family services~~for publicly funded	81271
child care to ensure that expenditures do not exceed the available	81272
federal and state funds for publicly funded child care. The	81273
department of job and family services, with the assistance of the	81274
office of budget and management and the child care advisory	81275
council created pursuant to section 5104.08 of the Revised Code,	81276
shall monitor the anticipated future expenditures ~~of county~~	81277
~~departments~~ for publicly funded child care and shall compare those	81278
anticipated future expenditures to available federal and state	81279
funds for publicly funded child care. Whenever the department	81280
determines that the anticipated future expenditures ~~of the county~~	81281
~~departments will exceed the available federal and state funds~~ for	81282
publicly funded child care ~~and the department reimburses the~~	81283
~~county departments in accordance with rules adopted under section~~	81284
~~5104.42 of the Revised Code~~will exceed the available federal and	81285
state funds, the department shall promptly notify the county	81286
departments of job and family services and, before the available	81287
state and federal funds are used, the director shall issue and	81288
implement an administrative order that shall specify both of the	81289
following:	81290

(1) Priorities for expending the remaining available federal	81291
and state funds for publicly funded child care;	81292

(2) Instructions and procedures to be used by the county	81293
departments regarding eligibility determinations.	81294

(B) The order may do any or all of the following:

81295

(1) Suspend enrollment of all new participants in any program	81296
of publicly funded child care;	81297

(2) Limit enrollment of new participants to those with	81298
incomes at or below a specified percentage of the federal poverty	81299
line;	81300

(3) Disenroll existing participants with income above a	81301
specified percentage of the federal poverty line;	81302

(4) Change the schedule of fees paid by eligible caretaker	81303
parents that has been established pursuant to section 5104.38 of	81304
the Revised Code;	81305

(5) Change the rate of payment for providers of publicly	81306
funded child care that has been established pursuant to section	81307
5104.30 of the Revised Code.	81308

(C) Each county department shall comply with the order no	81309
later than thirty days after it is issued. ~~If the department fails~~	81310
~~to notify the county departments and to implement the reallocation~~	81311
~~priorities specified in the order before the available federal and~~	81312
~~state funds for publicly funded child care are used, the state~~	81313
~~department shall provide sufficient funds to the county~~	81314
~~departments for publicly funded child care to enable each county~~	81315
~~department to pay for all publicly funded child care that was~~	81316
~~provided by providers pursuant to contract prior to the date that~~	81317
~~the county department received notice under this section and the~~	81318
~~state department implemented in that county the priorities.~~	81319

(D) If after issuing an order under this section to suspend	81320
or limit enrollment of new participants or disenroll existing	81321
participants the department determines that available state and	81322
federal funds for publicly funded child care exceed the	81323
anticipated future expenditures ~~of the county departments~~for	81324
publicly funded child care, the director may issue and implement	81325
another administrative order increasing income eligibility levels	81326
to a specified percentage of the federal poverty line. The order	81327
shall include instructions and procedures to be used by the county	81328
departments. Each county department shall comply with the order	81329
not later than thirty days after it is issued.	81330

(E) The department of job and family services shall do all of	81331
the following:	81332

(1) Conduct a quarterly evaluation of the program of publicly	81333
funded child care that is operated pursuant to sections 5104.30 to	81334
~~5104.39~~5104.43 of the Revised Code;	81335

(2) Prepare reports based upon the evaluations that specify	81336
for each county the number of participants and amount of	81337
expenditures;	81338

(3) Provide copies of the reports to both houses of the	81339
general assembly and, on request, to interested parties.	81340

Sec. 5104.42. (A) The director of job and family services	81341
shall adopt rules pursuant to section 111.15 of the Revised Code	81342
establishing a payment procedure for publicly funded child care.	81343
~~The rules may provide that the department of job and family~~	81344
~~services will reimburse county departments of job and family~~	81345
~~services for payments made to providers of publicly funded child~~	81346
~~care, make direct payments to providers, or establish another~~	81347
~~system for the payment of publicly funded child care.~~	81348

~~Alternately, the~~(B) The director, by rule adopted in	81349
accordance with section 111.15 of the Revised Code, may establish	81350
a methodology for allocating ~~among the county departments~~ the	81351
state and federal funds appropriated for ~~all~~ publicly funded child	81352
care ~~services~~. ~~If the department chooses to allocate funds for~~	81353
~~publicly funded child care, it may provide the funds to each~~	81354
~~county department, up to the limit of the county's allocation, by~~	81355
~~advancing the funds or reimbursing county care expenditures. The~~	81356
~~rules adopted under this section may prescribe procedures for~~	81357
~~making the advances or reimbursements. The rules may establish a~~	81358
~~method under which the department may determine which county~~	81359
~~expenditures for child care services are allowable for use of and~~	81360
~~federal funds.~~	81361

~~The rules may establish procedures that a county department~~	81362
~~shall follow when the county department determines that its~~	81363
~~anticipated future expenditures for publicly funded child care~~	81364
~~services will exceed the amount of state and federal funds~~	81365
~~allocated by the state department. The procedures may include~~	81366
~~suspending or limiting enrollment of new participants.~~	81367

Sec. 5104.43. Each county department of job and family	81368
services shall deposit all funds received from any source for	81369
child care services into the public assistance fund established	81370
under section 5101.161 of the Revised Code. ~~All expenditures by a~~	81371
~~county department for publicly funded child care shall be made~~	81372
~~from the public assistance fund.~~	81373

Sec. 5111.012. ~~The~~(A) Except as provided in division (B) of	81374
this section, the county department of job and family services of	81375
each county shall establish the eligibility for medical assistance	81376
of persons living in the county, and shall notify the department	81377
of job and family services in the manner prescribed by the	81378
department. The county shall be reimbursed for administrative	81379
expenditures in accordance with sections 5101.16, 5101.161, and	81380
5701.01 of the Revised Code. Expenditures for medical assistance	81381
shall be made from funds appropriated to the department of job and	81382
family services for public assistance subsidies. The program shall	81383
conform to the requirements of the "Social Security Act," 49 Stat.	81384
620 (1935), 42 U.S.C.A. 301, as amended.	81385

(B) If the department of job and family services elects to	81386
enter into agreements with county departments of job and family	81387
services pursuant to division (B) of section 5101.47 of the	81388
Revised Code, a county department of job and family services shall	81389
establish eligibility for medical assistance only if authorized to	81390
do so under such an agreement.	81391

Sec. 5111.013. (A) The provision of medical assistance to	81392
pregnant women and young children who are eligible for medical	81393
assistance under division (A)(3) of section 5111.01 of the Revised	81394
Code, but who are not otherwise eligible for medical assistance	81395
under that section, shall be known as the healthy start program.	81396

(B) The department of job and family services shall do all of	81397
the following with regard to the application procedures for the	81398
healthy start program:	81399

(1) Establish a short application form for the program that	81400
requires the applicant to provide no more information than is	81401
necessary for making determinations of eligibility for the healthy	81402
start program, except that the form may require applicants to	81403
provide their social security numbers. The form shall include a	81404
statement, which must be signed by the applicant, indicating that	81405
she does not choose at the time of making application for the	81406
program to apply for assistance provided under any other program	81407
administered by the department and that she understands that she	81408
is permitted at any other time to apply at the county department	81409
of job and family services of the county in which she resides for	81410
any other assistance administered by the department.	81411

(2) To the extent permitted by federal law, do one or both of	81412
the following:	81413

(a) Distribute the application form for the program to each	81414
public or private entity that serves as a women, infants, and	81415
children clinic or as a child and family health clinic and to each	81416
administrative body for such clinics and train employees of each	81417
such agency or entity to provide applicants assistance in	81418
completing the form;	81419

(b) In cooperation with the department of health, develop	81420
arrangements under which employees of county departments of job	81421
and family services are stationed at public or private agencies or	81422
entities selected by the department of job and family services	81423
that serve as women, infants, and children clinics; child and	81424
family health clinics; or administrative bodies for such clinics	81425
for the purpose both of assisting applicants for the program in	81426
completing the application form and of making determinations at	81427
that location of eligibility for the program.	81428

(3) Establish performance standards by which a county	81429
department of job and family services' level of enrollment of	81430
persons potentially eligible for the program can be measured, and	81431
establish acceptable levels of enrollment for each county	81432
department.	81433

(4) Direct any county department of job and family services	81434
whose rate of enrollment of potentially eligible enrollees in the	81435
program is below acceptable levels established under division	81436
(B)(3) of this section to implement corrective action. Corrective	81437
action may include but is not limited to any one or more of the	81438
following to the extent permitted by federal law:	81439

(a) Establishing formal referral and outreach methods with	81440
local health departments and local entities receiving funding	81441
through the bureau of maternal and child health;	81442

(b) Designating a specialized intake unit within the county	81443
department for healthy start applicants;	81444

(c) Establishing abbreviated timeliness requirements to	81445
shorten the time between receipt of an application and the	81446
scheduling of an initial application interview;	81447

(d) Establishing a system for telephone scheduling of intake	81448
interviews for applicants;	81449

(e) Establishing procedures to minimize the time an applicant	81450
must spend in completing the application and eligibility	81451
determination process, including permitting applicants to complete	81452
the process at times other than the regular business hours of the	81453
county department and at locations other than the offices of the	81454
county department.	81455

(C) To the extent permitted by federal law, local funds,	81456
whether from public or private sources, expended by a county	81457
department for administration of the healthy start program shall	81458
be considered to have been expended by the state for the purpose	81459
of determining the extent to which the state has complied with any	81460
federal requirement that the state provide funds to match federal	81461
funds for medical assistance, except that this division shall not	81462
affect the amount of funds the county is entitled to receive under	81463
section 5101.16, 5101.161, or 5111.012 of the Revised Code.	81464

(D) ~~The director of job and family services shall do one or~~	81465
~~both of the following:~~	81466

~~(1) To the extent that federal funds are provided for such~~	81467
~~assistance, adopt a plan for granting presumptive eligibility for~~	81468
~~pregnant women applying for healthy start;~~	81469

~~(2) To the extent permitted by federal medicaid regulations,~~	81470
~~adopt a plan for making same-day determinations of eligibility for~~	81471
~~pregnant women applying for healthy start.~~	81472

~~(E)~~ A county department of job and family services that	81473
maintains offices at more than one location shall accept	81474
applications for the healthy start program at all of those	81475
locations.	81476

~~(F)~~(E) The director of job and family services shall adopt	81477
rules in accordance with section 111.15 of the Revised Code as	81478
necessary to implement this section.	81479

Sec. 5111.0112. (A) The director of job and family services	81480
shall institute a cost-sharing program under the medicaid program.	81481
In instituting the cost-sharing program, the director shall comply	81482
with federal law. ~~In the case of an individual participating in~~	81483
~~the children's buy-in program established under sections 5101.5211~~	81484
~~to 5101.5216 of the Revised Code, the cost-sharing program shall~~	81485
~~be consistent with sections 5101.5213 and 5101.5214 of the Revised~~	81486
~~Code if the children's buy-in program is a component of the~~	81487
~~medicaid program.~~ The cost-sharing program shall establish a	81488
copayment requirement for at least dental services, vision	81489
services, nonemergency emergency department services, and	81490
prescription drugs, other than generic drugs. The cost-sharing	81491
program shall establish requirements regarding premiums,	81492
enrollment fees, deductions, and similar charges. The director	81493
shall adopt rules under section 5111.02 of the Revised Code	81494
governing the cost-sharing program.	81495

(B) The cost-sharing program shall, to the extent permitted	81496
by federal law, provide for all of the following with regard to	81497
any providers participating in the medicaid program:	81498

(1) No provider shall refuse to provide a service to a	81499
medicaid recipient who is unable to pay a required copayment for	81500
the service.	81501

(2) Division (B)(1) of this section shall not be considered	81502
to do either of the following with regard to a medicaid recipient	81503
who is unable to pay a required copayment:	81504

(a) Relieve the medicaid recipient from the obligation to pay	81505
a copayment;	81506

(b) Prohibit the provider from attempting to collect an	81507
unpaid copayment.	81508

(3) Except as provided in division (C) of this section, no	81509
provider shall waive a medicaid recipient's obligation to pay the	81510
provider a copayment.	81511

(4) No provider or drug manufacturer, including the	81512
manufacturer's representative, employee, independent contractor,	81513
or agent, shall pay any copayment on behalf of a medicaid	81514
recipient.	81515

(5) If it is the routine business practice of the provider to	81516
refuse service to any individual who owes an outstanding debt to	81517
the provider, the provider may consider an unpaid copayment	81518
imposed by the cost-sharing program as an outstanding debt and may	81519
refuse service to a medicaid recipient who owes the provider an	81520
outstanding debt. If the provider intends to refuse service to a	81521
medicaid recipient who owes the provider an outstanding debt, the	81522
provider shall notify the individual of the provider's intent to	81523
refuse services.	81524

(C) In the case of a provider that is a hospital, the	81525
cost-sharing program shall permit the hospital to take action to	81526
collect a copayment by providing, at the time services are	81527
rendered to a medicaid recipient, notice that a copayment may be	81528
owed. If the hospital provides the notice and chooses not to take	81529
any further action to pursue collection of the copayment, the	81530
prohibition against waiving copayments specified in division	81531
(B)(3) of this section does not apply.	81532

(D) The department of job and family services may work with a	81533
state agency that is administering, pursuant to a contract entered	81534
into under section 5111.91 of the Revised Code, one or more	81535
components of the medicaid program or one or more aspects of a	81536
component as necessary for the state agency to apply the	81537
cost-sharing program to the components or aspects of the medicaid	81538
program that the state agency administers.	81539

Sec. 5111.0122. As used in this section, "maintenance of	81540
effort requirement" means the requirement established by section	81541
1902(gg) of the "Social Security Act," 124 Stat. 275 (2010), 42	81542
U.S.C. 1396a(gg), as amended, regarding medicaid eligibility	81543
standards, methodologies, and procedures.	81544

Except to the extent, if any, otherwise authorized by the	81545
United States secretary of health and human services, the	81546
department of job and family services shall comply with the	81547
maintenance of effort requirement while the requirement is in	81548
effect.	81549

Sec. 5111.0123. (A) Subject to division (B) of this section,	81550
the director of job and family services may adopt rules under	81551
sections 5111.011 and 5111.85 of the Revised Code to reduce the	81552
complexity of the eligibility determination processes for the	81553
medicaid program caused by the different income and resource	81554
standards for the numerous medicaid eligibility categories.	81555

(B) In implementing division (A) of this section, both of the	81556
following apply:	81557

(1) Before implementing a revision to an eligibility	81558
determination process, the director shall obtain, to the extent	81559
necessary, the approval of the United States secretary of health	81560
and human services in the form of a federal medicaid waiver,	81561
medicaid state plan amendment, or demonstration grant.	81562

(2) The director shall comply with section 5111.0122 of the	81563
Revised Code.	81564

Sec. 5111.0124. (A) As used in this section:

81565

"Children's hospital" has the same meaning as in section	81566
2151.86 of the Revised Code.	81567

"Federally-qualified health center" has the same meaning as	81568
in 42 U.S.C. 1396d(l)(2)(B).	81569

"Presumptive eligibility for pregnant women option" means the	81570
option available under 42 U.S.C. 1396r-1 to make ambulatory	81571
prenatal care available to pregnant women under the medicaid	81572
program during presumptive eligibility periods.	81573

(B) The director of job and family services shall submit a	81574
state medicaid plan amendment to the United States secretary of	81575
health and human services to implement the presumptive eligibility	81576
for pregnant women option. Children's hospitals and	81577
federally-qualified health centers that are eligible to be	81578
qualified providers under section 42 U.S.C. 1396r-1(b)(2) may	81579
serve as qualified providers for purposes of the presumptive	81580
eligibility for pregnant women option.	81581

Sec. 5111.0125. (A) As used in this section:

81582

"Children's hospital" has the same meaning as in section	81583
2151.86 of the Revised Code.	81584

"Federally-qualified health center" has the same meaning as	81585
in 42 U.S.C. 1396d(l)(2)(B).	81586

"Presumptive eligibility for children option" means the	81587
option available under 42 U.S.C. 1396r-1a to make medical	81588
assistance with respect to health care items and services	81589
available to children under the medicaid program during	81590
presumptive eligibility periods.	81591

(B) The director of job and family services shall retain the	81592
presumptive eligibility for children option in the state medicaid	81593
plan. Children's hospitals and federally-qualified health centers	81594
that are eligible to be qualified entities under section 42 U.S.C.	81595
1396r-1a(b)(3) may serve as qualified entities for purposes of the	81596
presumptive eligibility for children option.	81597

Sec. 5111.021. Under the medicaid program:

81598

(A) ~~Except as otherwise permitted by federal statute or~~	81599
~~regulation and at the department's discretion, reimbursement by~~	81600
~~the~~The department of job and family services toshall not	81601
reimburse a medical provider for any medical ~~service~~assistance	81602
rendered under the program ~~shall not exceed~~an amount that exceeds	81603
the following:	81604

(1) If the provider is a hospital, nursing facility, or	81605
intermediate care facility for the mentally retarded, the limits	81606
established under Subpart C of 42 C.F.R. Part 447;	81607

(2) If the provider is other than a provider described in	81608
division (A)(1) of this section, the authorized reimbursement	81609
~~level~~limits for the same service under the medicare program	81610
established under Title XVIII of the "Social Security Act," 79	81611
Stat. 286 (1965), 42 U.S.C. 1395, as amended.	81612

(B) Reimbursement for freestanding medical laboratory charges	81613
shall not exceed the customary and usual fee for laboratory	81614
profiles.	81615

(C) The department may deduct from payments for services	81616
rendered by a medicaid provider under the medicaid program any	81617
amounts the provider owes the state as the result of incorrect	81618
medicaid payments the department has made to the provider.	81619

(D) The department may conduct final fiscal audits in	81620
accordance with the applicable requirements set forth in federal	81621
laws and regulations and determine any amounts the provider may	81622
owe the state. When conducting final fiscal audits, the department	81623
shall consider generally accepted auditing standards, which	81624
include the use of statistical sampling.	81625

(E) The number of days of inpatient hospital care for which	81626
reimbursement is made on behalf of a medicaid recipient to a	81627
hospital that is not paid under a diagnostic-related-group	81628
prospective payment system shall not exceed thirty days during a	81629
period beginning on the day of the recipient's admission to the	81630
hospital and ending sixty days after the termination of that	81631
hospital stay, except that the department may make exceptions to	81632
this limitation. The limitation does not apply to children	81633
participating in the program for medically handicapped children	81634
established under section 3701.023 of the Revised Code.	81635

(F) The division of any reimbursement between a collaborating	81636
physician or podiatrist and a clinical nurse specialist, certified	81637
nurse-midwife, or certified nurse practitioner for services	81638
performed by the nurse shall be determined and agreed on by the	81639
nurse and collaborating physician or podiatrist. In no case shall	81640
reimbursement exceed the payment that the physician or podiatrist	81641
would have received had the physician or podiatrist provided the	81642
entire service.	81643

Sec. 5111.023. (A) As used in this section:

81644

(1) "Community mental health agency or facility" means a	81645
community mental health agency or facility that has ~~a quality~~	81646
~~assurance program accredited by the joint commission on~~	81647
~~accreditation of healthcare organizations or is~~its community	81648
mental health services certified by the department of mental	81649
health under section 5119.611 of the Revised Code or by the	81650
department of job and family services.	81651

(2) "Mental health professional" means a person qualified to	81652
work with mentally ill persons under the standards established by	81653
the director of mental health pursuant to section 5119.611 of the	81654
Revised Code.	81655

(B) The state medicaid plan ~~shall~~may include provision of	81656
the following mental health services when provided by community	81657
mental health agencies or facilities:	81658

(1) Outpatient mental health services, including, but not	81659
limited to, preventive, diagnostic, therapeutic, rehabilitative,	81660
and palliative interventions rendered to individuals in an	81661
individual or group setting by a mental health professional in	81662
accordance with a plan of treatment appropriately established,	81663
monitored, and reviewed;	81664

(2) Partial-hospitalization mental health services rendered	81665
by persons directly supervised by a mental health professional;	81666

(3) Unscheduled, emergency mental health services of a kind	81667
ordinarily provided to persons in crisis when rendered by persons	81668
supervised by a mental health professional;	81669

(4) Subject to receipt of federal approval, assertive	81670
community treatment and intensive home-based mental health	81671
services.	81672

(C) ~~The comprehensive annual plan shall certify the~~	81673
~~availability of sufficient unencumbered community mental health~~	81674
~~state subsidy and local funds to match federal medicaid~~	81675
~~reimbursement funds earned by community mental health facilities.~~	81676

~~(D)~~ The department of job and family services shall enter	81677
into a separate contract with the department of mental health	81678
under section 5111.91 of the Revised Code with regard to the	81679
component of the medicaid program provided for by this section.	81680

~~(E) Not later than July 21, 2006, the department of job and~~	81681
~~family services shall request federal approval to provide~~	81682
~~assertive community treatment and intensive home-based mental~~	81683
~~health services under medicaid pursuant to this section.~~	81684

~~(F) On receipt of federal approval sought under division (E)~~	81685
~~of this section, the director of job and family services shall~~	81686
~~adopt rules in accordance with Chapter 119. of the Revised Code~~	81687
~~for assertive community treatment and intensive home-based mental~~	81688
~~health services provided under medicaid pursuant to this section.~~	81689
~~The director shall consult with the department of mental health in~~	81690
~~adopting the rules.~~	81691

Sec. 5111.025. (A) In rules adopted under section 5111.02 of	81692
the Revised Code, the director of job and family services shall	81693
modify the manner or establish a new manner in which the following	81694
are paid under medicaid:	81695

(1) Community mental health agencies or facilities for	81696
providing community mental health services included in the state	81697
medicaid plan pursuant to section 5111.023 of the Revised Code;	81698

(2) Providers of alcohol and drug addiction services for	81699
providing alcohol and drug addiction services included in the	81700
medicaid program pursuant to rules adopted under section 5111.02	81701
of the Revised Code.	81702

(B) The director's authority to modify the manner, or to	81703
establish a new manner, for medicaid to pay for the services	81704
specified in division (A) of this section is not limited by any	81705
rules adopted under section 5111.02 or 5119.61 of the Revised Code	81706
that are in effect on June 26, 2003, and govern the way medicaid	81707
pays for those services. This is the case regardless of what state	81708
agency adopted the rules.	81709

Sec. 5111.0212. As necessary to comply with section	81710
1902(a)(13)(A) of the "Social Security Act," 111 Stat. 507 (1997),	81711
42 U.S.C. 1396a(a)(13)(A), as amended, and any other federal law	81712
that requires public notice of proposed changes to reimbursement	81713
rates for medical assistance provided under the medicaid program,	81714
the director of job and family services shall give public notice	81715
in the register of Ohio of any change to a method or standard used	81716
to determine the medicaid reimbursement rate for medical	81717
assistance.	81718

Sec. 5111.0213. (A) As used in this section:

81719

(1) "Aide services" means all of the following:

81720

(a) Home health aide services available under the home health	81721
services benefit pursuant to 42 C.F.R. 440.70(b)(2);	81722

(b) Home care attendant services available under a home and	81723
community-based services medicaid waiver component;	81724

(c) Personal care aide services available under a home and	81725
community-based services medicaid waiver component.	81726

(2) "Home and community-based services medicaid waiver	81727
component" has the same meaning as in section 5111.85 of the	81728
Revised Code.	81729

(3) "Nursing services" means all of the following:

81730

(a) Nursing services available under the home health services	81731
benefit pursuant to 42 C.F.R. 440.70(b)(1);	81732

(b) Private duty nursing services as defined in 42 C.F.R.	81733
440.80;	81734

(c) Nursing services available under a home and	81735
community-based services medicaid waiver component.	81736

(B) The department of job and family services shall do both	81737
of the following:	81738

(1) Effective not later than October 1, 2011, reduce the	81739
medicaid program's first-hour-unit price for aide services and	81740
nursing services in a manner that reflects, at a minimum, labor	81741
market data that shows the medicaid and non-medicaid reimbursement	81742
rates for such services or similar services;	81743

(2) Not sooner than July 1, 2012, adjust the medicaid	81744
reimbursement rates for aide services and nursing services in a	81745
manner that reflects, at a minimum, labor market data, education	81746
and licensure status, home health agency and non-agency provider	81747
status, and length of service visit.	81748

(C) The department shall strive to have the adjustment made	81749
under division (B)(2) of this section go into effect on July 1,	81750
2012. The reduction made under division (B)(1) of this section	81751
shall remain in effect until the adjustment made under division	81752
(B)(2) of this section goes into effect.	81753

(D) The director of job and family services shall adopt rules	81754
under sections 5111.02 and 5111.85 of the Revised Code as	81755
necessary to implement this section.	81756

Sec. 5111.0214. The department of job and family services	81757
shall not knowingly make a medicaid payment for a	81758
provider-preventable condition for which federal financial	81759
participation is prohibited by regulations adopted under section	81760
2702 of the "Patient Protection and Affordable Care Act," 124	81761
Stat. 318 (2010), 42 U.S.C. 1396b-1. The director of job and	81762
family services shall adopt rules under section 5111.02 of the	81763
Revised Code as necessary to implement this section.	81764

Sec. 5111.0215. (A) The department of job and family services	81765
may establish a program under which it provides incentive	81766
payments, as authorized by the "Health Information Technology for	81767
Economic and Clinical Health Act," 123 Stat. 489 (2009), 42 U.S.C.	81768
1396b(a)(3)(F) and 1396b(t), as amended, to encourage the adoption	81769
and use of electronic health record technology by medicaid	81770
providers who are identified under that federal law as eligible	81771
professionals.	81772

(B) After the department has made a determination regarding	81773
the amount of a medicaid provider's electronic health record	81774
incentive payment or the denial of an incentive payment, the	81775
department shall notify the provider. The provider may request	81776
that the department reconsider its determination.	81777

A request for reconsideration shall be submitted in writing	81778
to the department not later than fifteen days after the provider	81779
receives notification of the determination. The request shall be	81780
accompanied by written materials setting forth the basis for, and	81781
supporting, the reconsideration request.	81782

On receipt of a timely request, the department shall	81783
reconsider the determination. On the basis of the written	81784
materials accompanying the request, the department may uphold,	81785
reverse, or modify its original determination. The department	81786
shall mail to the provider by certified mail a written notice of	81787
the reconsideration decision.	81788

In accordance with Chapter 2505. of the Revised Code, the	81789
medicaid provider may appeal the reconsideration decision by	81790
filing a notice of appeal with the court of common pleas of	81791
Franklin county. The notice shall identify the decision being	81792
appealed and the specific grounds for the appeal. The notice of	81793
appeal shall be filed not later than fifteen days after the	81794
department mails its notice of the reconsideration decision. A	81795
copy of the notice of appeal shall be filed with the department	81796
not later than three days after the notice is filed with the	81797
court.	81798

(C) The director of job and family services may adopt rules	81799
in accordance with Chapter 119. of the Revised Code as necessary	81800
to implement this section.	81801

Sec. 5111.031. (A) As used in this section:

81802

(1) "Independent provider" has the same meaning as in section	81803
5111.034 of the Revised Code.	81804

(2) "Intermediate care facility for the mentally retarded"	81805
and "nursing facility" have the same meanings as in section	81806
5111.20 of the Revised Code.	81807

(3) "Noninstitutional medicaid provider" means any person or	81808
entity with a medicaid provider agreement other than a hospital,	81809
nursing facility, or intermediate care facility for the mentally	81810
retarded.	81811

(4) "Owner" means any person having at least five per cent	81812
ownership in a noninstitutional medicaid provider.	81813

(B) Notwithstanding any provision of this chapter to the	81814
contrary, the department of job and family services shall take	81815
action under this section against a noninstitutional medicaid	81816
provider or its owner, officer, authorized agent, associate,	81817
manager, or employee.	81818

(C) Except as provided in division (D) of this section and in	81819
rules adopted by the department under division (H) of this	81820
section, on receiving notice and a copy of an indictment that is	81821
issued on or after ~~the effective date of this section~~September	81822
29, 2007, and charges a noninstitutional medicaid provider or its	81823
owner, officer, authorized agent, associate, manager, or employee	81824
with committing an offense specified in division (E) of this	81825
section, the department shall suspend the provider agreement held	81826
by the noninstitutional medicaid provider. Subject to division (D)	81827
of this section, the department shall also terminate medicaid	81828
reimbursement to the provider for services rendered.	81829

The suspension shall continue in effect until the proceedings	81830
in the criminal case are completed through ~~conviction,~~ dismissal	81831
of the indictment,or through conviction, entry of a guilty plea,	81832
or finding of not guilty. If the department commences a process to	81833
terminate the suspended provider agreement, the suspension shall	81834
also continue in effect until the termination process is	81835
concluded. ~~Pursuant~~	81836

Pursuant to section 5111.06 of the Revised Code, the	81837
department is not required to take action under this division by	81838
issuing an order pursuant to an adjudication conducted in	81839
accordance with Chapter 119. of the Revised Code.	81840

When subject to a suspension under this division, a provider,	81841
owner, officer, authorized agent, associate, manager, or employee	81842
shall not own or provide services to any other medicaid provider	81843
or risk contractor or arrange for, render, or order services for	81844
medicaid recipients during the period of suspension. During the	81845
period of suspension, the provider, owner, officer, authorized	81846
agent, associate, manager, or employee shall not receive	81847
reimbursement in the form of direct payments from the department	81848
or indirect payments of medicaid funds in the form of salary,	81849
shared fees, contracts, kickbacks, or rebates from or through any	81850
participating provider or risk contractor.	81851

(D)(1) The department shall not suspend a provider agreement	81852
or terminate medicaid reimbursement under division (C) of this	81853
section if the provider or owner can demonstrate through the	81854
submission of written evidence that the provider or owner did not	81855
directly or indirectly sanction the action of its authorized	81856
agent, associate, manager, or employee that resulted in the	81857
indictment.	81858

(2) The termination of medicaid reimbursement applies only to	81859
payments for medicaid services rendered subsequent to the date on	81860
which the notice required under division (F) of this section is	81861
sent. Claims for reimbursement for medicaid services rendered by	81862
the provider prior to the issuance of the notice may be subject to	81863
prepayment review procedures whereby the department reviews claims	81864
to determine whether they are supported by sufficient	81865
documentation, are in compliance with state and federal statutes	81866
and rules, and are otherwise complete.	81867

(E)(1) In the case of a noninstitutional medicaid provider	81868
that is not an independent provider, the suspension of a provider	81869
agreement under division (C) of this section applies when an	81870
indictment charges a person with committing an act that would be a	81871
felony or misdemeanor under the laws of this state and the act	81872
relates to or results from either of the following:	81873

(a) Furnishing or billing for medical care, services, or	81874
supplies under the medicaid program;	81875

(b) Participating in the performance of management or	81876
administrative services relating to furnishing medical care,	81877
services, or supplies under the medicaid program.	81878

(2) In the case of a noninstitutional medicaid provider that	81879
is an independent provider, the suspension of a provider agreement	81880
under division (C) of this section applies when an indictment	81881
charges a person with committing an act that would constitute one	81882
of the offenses specified in division (D) of section 5111.034 of	81883
the Revised Code.	81884

(F) Not later than five days after suspending a provider	81885
agreement under division (C) of this section, the department shall	81886
send notice of the suspension to the affected provider or owner.	81887
In providing the notice, the department shall do all of the	81888
following:	81889

(1) Describe the indictment that was the cause of the	81890
suspension, without necessarily disclosing specific information	81891
concerning any ongoing civil or criminal investigation;	81892

(2) State that the suspension will continue in effect until	81893
the proceedings in the criminal case are completed through	81894
~~conviction,~~ dismissal of the indictment,or through conviction,	81895
entry of a guilty plea, or finding of not guilty and, if the	81896
department commences a process to terminate the suspended provider	81897
agreement, until the termination process is concluded;	81898

(3) Inform the provider or owner of the opportunity to submit	81899
to the department, not later than thirty days after receiving the	81900
notice, a request for a reconsideration pursuant to division (G)	81901
of this section.	81902

(G)(1) APursuant to the procedure specified in division	81903
(G)(2) of this section, a noninstitutional medicaid provider or	81904
owner subject to a suspension under this section may request a	81905
reconsideration. The request shall be made not later than thirty	81906
days after receipt of the notice provided under division (F) of	81907
this section. The reconsideration is not subject to an	81908
adjudication hearing pursuant to Chapter 119. of the Revised Code.	81909

(2) In requesting a reconsideration, the provider or owner	81910
shall submit written information and documents to the department.	81911
The information and documents may pertain to any of the following	81912
issues:	81913

(a) Whether the determination to suspend the provider	81914
agreement was based on a mistake of fact, other than the validity	81915
of the indictment;	81916

(b) Whether any offense charged in the indictment resulted	81917
from an offense specified in division (E) of this section;	81918

(c) Whether the provider or owner can demonstrate that the	81919
provider or owner did not directly or indirectly sanction the	81920
action of its authorized agent, associate, manager, or employee	81921
that resulted in the indictment.	81922

(3) The department shall review the information and documents	81923
submitted in a request for reconsideration. After the review, the	81924
suspension may be affirmed, reversed, or modified, in whole or in	81925
part. The department shall notify the affected provider or owner	81926
of the results of the review. The review and notification of its	81927
results shall be completed not later than forty-five days after	81928
receiving the information and documents submitted in a request for	81929
reconsideration.	81930

(H) The department may adopt rules in accordance with Chapter	81931
119. of the Revised Code to implement this section. The rules may	81932
specify circumstances under which the department would not suspend	81933
a provider agreement pursuant to this section.	81934

Sec. 5111.035. (A) As used in this section:

81935

(1) "Creditable allegation of fraud" has the same meaning as	81936
in 42 C.F.R. 455.2, except that for purposes of this section any	81937
reference in that regulation to the "state" or the "state medicaid	81938
agency" means the department of job and family services.	81939

(2) "Provider" has the same meaning as in section 5111.032 of	81940
the Revised Code.	81941

(3) "Owner" has the same meaning as in section 5111.031 of	81942
the Revised Code.	81943

(B)(1) Except as provided in division (C) of this section and	81944
in rules adopted by the department of job and family services	81945
under division (J) of this section, on determining there is a	81946
creditable allegation of fraud for which an investigation is	81947
pending under the medicaid program against a provider, the	81948
department shall suspend the provider agreement held by the	81949
provider. Subject to division (C) of this section, the department	81950
shall also terminate medicaid reimbursement to the provider for	81951
services rendered.	81952

(2)(a) The suspension shall continue in effect until either	81953
of the following is the case:	81954

(i) The department or a prosecuting authority determines that	81955
there is insufficient evidence of fraud by the provider;	81956

(ii) The proceedings in any related criminal case are	81957
completed through dismissal of the indictment or through	81958
conviction, entry of a guilty plea, or finding of not guilty.	81959

(b) If the department commences a process to terminate the	81960
suspended provider agreement, the suspension shall also continue	81961
in effect until the termination process is concluded.	81962

(3) Pursuant to section 5111.06 of the Revised Code, the	81963
department is not required to take action under division (B)(1) of	81964
this section by issuing an order pursuant to an adjudication in	81965
accordance with Chapter 119. of the Revised Code.	81966

(4) When subject to a suspension under this section, a	81967
provider, owner, officer, authorized agent, associate, manager, or	81968
employee shall not own or provide services to any other medicaid	81969
provider or risk contractor or arrange for, render, or order	81970
services to any other medicaid provider or risk contractor or	81971
arrange for, render, or order services for medicaid recipients	81972
during the period of suspension. During the period of suspension,	81973
the provider, owner, officer, authorized agent, associate,	81974
manager, or employee shall not receive reimbursement in the form	81975
of direct payments from the department or indirect payments of	81976
medicaid funds in the form of salary, shared fees, contracts,	81977
kickbacks, or rebates from or through any participating provider	81978
or risk contractor.	81979

(C) The department shall not suspend a provider agreement or	81980
terminate medicaid reimbursement under division (B) of this	81981
section if the provider or owner can demonstrate through the	81982
submission of written evidence that the provider or owner did not	81983
directly or indirectly sanction the action of its authorized	81984
agent, associate, manager, or employee that resulted in the	81985
creditable allegation of fraud.	81986

(D) The termination of medicaid reimbursement under division	81987
(B) of this section applies only to payments for medicaid services	81988
rendered subsequent to the date on which the notice required by	81989
division (E) of this section is sent. Claims for reimbursement of	81990
medicaid services rendered by the provider prior to the issuance	81991
of the notice may be subject to prepayment review procedures	81992
whereby the department reviews claims to determine whether they	81993
are supported by sufficient documentation, are in compliance with	81994
state and federal statutes and rules, and are otherwise complete.	81995

(E) After suspending a provider agreement under division (B)	81996
of this section, the department shall, as specified in 42 C.F.R.	81997
455.23(b), send notice of the suspension to the affected provider	81998
or owner in accordance with the following timeframes:	81999

(1) Not later than five days after the suspension, unless a	82000
law enforcement agency makes a written request to temporarily	82001
delay the notice;	82002

(2) If a law enforcement agency makes a written request to	82003
temporarily delay the notice, not later than thirty days after the	82004
suspension occurs subject to the conditions specified in division	82005
(F) of this section.	82006

(F) A written request for a temporary delay described in	82007
division (E)(2) of this section may be renewed in writing by a law	82008
enforcement agency not more than two times except that under no	82009
circumstances shall the notice be issued more than ninety days	82010
after the suspension occurs.	82011

(G) The notice required by division (E) of this section shall	82012
do all of the following:	82013

(1) State that payments are being suspended in accordance	82014
with this section and 42 C.F.R. 455.23;	82015

(2) Set forth the general allegations related to the nature	82016
of the conduct leading to the suspension, except that it is not	82017
necessary to disclose any specific information concerning an	82018
ongoing investigation;	82019

(3) State that the suspension continues to be in effect until	82020
either of the following is the case:	82021

(a) The department or a prosecuting authority determines that	82022
there is insufficient evidence of fraud by the provider;	82023

(b) The proceedings in any related criminal case are	82024
completed through dismissal of the indictment or through	82025
conviction, entry of a guilty plea, or finding of not guilty and,	82026
if the department commences a process to terminate the suspended	82027
provider agreement, until the termination process is concluded.	82028

(4) Specify, if applicable, the type or types of medicaid	82029
claims or business units of the provider that are affected by the	82030
suspension;	82031

(5) Inform the provider or owner of the opportunity to submit	82032
to the department, not later than thirty days after receiving the	82033
notice, a request for reconsideration of the suspension in	82034
accordance with division (H) of this section.	82035

(H)(1) Pursuant to the procedure specified in division (H)(2)	82036
of this section, a provider or owner subject to a suspension under	82037
this section may request a reconsideration of the suspension. The	82038
request shall be made not later than thirty days after receipt of	82039
a notice required by division (E) of this section. The	82040
reconsideration is not subject to an adjudication hearing pursuant	82041
to Chapter 119. of the Revised Code.	82042

(2) In requesting a reconsideration, the provider or owner	82043
shall submit written information and documents to the department.	82044
The information and documents may pertain to any of the following	82045
issues:	82046

(a) Whether the determination to suspend the provider	82047
agreement was based on a mistake of fact, other than the validity	82048
of an indictment in a related criminal case.	82049

(b) If there has been an indictment in a related criminal	82050
case, whether any offense charged in the indictment resulted from	82051
an offense specified in division (E) of section 5111.031 of the	82052
Revised Code.	82053

(c) Whether the provider or owner can demonstrate that the	82054
provider or owner did not directly or indirectly sanction the	82055
action of its authorized agent, associate, manager, or employee	82056
that resulted in the suspension under this section or an	82057
indictment in a related criminal case.	82058

(I) The department shall review the information and documents	82059
submitted in a request made under division (H) of this section for	82060
reconsideration of a suspension. After the review, the suspension	82061
may be affirmed, reversed, or modified, in whole or in part. The	82062
department shall notify the affected provider or owner of the	82063
results of the review. The review and notification of its results	82064
shall be completed not later than forty-five days after receiving	82065
the information and documents submitted in a request for	82066
reconsideration.	82067

(J) The department may adopt rules in accordance with Chapter	82068
119. of the Revised Code to implement this section. The rules may	82069
specify circumstances under which the department would not suspend	82070
a provider agreement pursuant to this section.	82071

Sec. 5111.051. The director of job and family services may	82072
submit a medicaid state plan amendment or request for a federal	82073
waiver to the United States secretary of health and human services	82074
as necessary to implement, at the director's discretion, a system	82075
under which payments for medical assistance provided under the	82076
medicaid program are made to an organization on behalf of the	82077
providers of the medical assistance. The system may not provide	82078
for an organization to receive an amount that exceeds, in	82079
aggregate, the amount the department would have paid directly to	82080
the providers if not for this section.	82081

Sec. 5111.052. (A) As used in this section, "electronic	82082
claims submission process" means any of the following:	82083

(1) Electronic interchange of data;

82084

(2) Direct entry of data through an internet-based mechanism	82085
implemented by the department of job and family services;	82086

(3) Any other process for the electronic submission of claims	82087
that is specified in rules adopted under this section.	82088

(B) Not later than January 1, 2013, and except as provided in	82089
division (C) of this section, each provider of services to	82090
medicaid recipients shall do both of the following:	82091

(1) Use only an electronic claims submission process to	82092
submit to the department of job and family services claims for	82093
medicaid reimbursement for services provided to medicaid	82094
recipients;	82095

(2) Arrange to receive medicaid reimbursement from the	82096
department by means of electronic funds transfer.	82097

(C) Division (B) of this section does not apply to any of the	82098
following:	82099

(1) A nursing facility, as defined in section 5111.20 of the	82100
Revised Code;	82101

(2) An intermediate care facility for the mentally retarded,	82102
as defined in section 5111.20 of the Revised Code;	82103

(3) A medicaid managed care organization under contract with	82104
the department pursuant to section 5111.17 of the Revised Code;	82105

(4) Any other provider or type of provider designated in	82106
rules adopted under this section.	82107

(D) The department shall not process a medicaid claim	82108
submitted on or after January 1, 2013, unless the claim is	82109
submitted through an electronic claims submission process in	82110
accordance with this section.	82111

(E) The director of job and family services may adopt rules	82112
in accordance with Chapter 119. of the Revised Code as the	82113
director considers necessary to implement this section.	82114

Sec. 5111.06. (A)(1) As used in this section and in sections	82115
5111.061 and ~~5111.062~~5111.063 of the Revised Code:	82116

(a) "Provider" means any person, institution, or entity that	82117
furnishes medicaid services under a provider agreement with the	82118
department of job and family services pursuant to Title XIX of the	82119
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	82120
amended.	82121

(b) "Party" has the same meaning as in division (G) of	82122
section 119.01 of the Revised Code.	82123

(c) "Adjudication" has the same meaning as in division (D) of	82124
section 119.01 of the Revised Code.	82125

(2) This section does not apply to any action taken by the	82126
department of job and family services under sections 5111.35 to	82127
5111.62 of the Revised Code.	82128

(B) Except as provided in division (D) of this section and	82129
section 5111.914 of the Revised Code, the department shall do	82130
either of the following by issuing an order pursuant to an	82131
adjudication conducted in accordance with Chapter 119. of the	82132
Revised Code:	82133

(1) Enter into or refuse to enter into a provider agreement	82134
with a provider, or suspend, terminate, renew, or refuse to renew	82135
an existing provider agreement with a provider;	82136

(2) Take any action based upon a final fiscal audit of a	82137
provider.	82138

(C) Any party who is adversely affected by the issuance of an	82139
adjudication order under division (B) of this section may appeal	82140
to the court of common pleas of Franklin county in accordance with	82141
section 119.12 of the Revised Code.	82142

(D) The department is not required to comply with division	82143
(B)(1) of this section whenever any of the following occur:	82144

(1) The terms of a provider agreement require the provider to	82145
hold a license, permit, or certificate or maintain a certification	82146
issued by an official, board, commission, department, division,	82147
bureau, or other agency of state or federal government other than	82148
the department of job and family services, and the license,	82149
permit, certificate, or certification has been denied, revoked,	82150
not renewed, suspended, or otherwise limited.	82151

(2) The terms of a provider agreement require the provider to	82152
hold a license, permit, or certificate or maintain certification	82153
issued by an official, board, commission, department, division,	82154
bureau, or other agency of state or federal government other than	82155
the department of job and family services, and the provider has	82156
not obtained the license, permit, certificate, or certification.	82157

(3) The provider agreement is denied, terminated, or not	82158
renewed due to the termination, refusal to renew, or denial of a	82159
license, permit, certificate, or certification by an official,	82160
board, commission, department, division, bureau, or other agency	82161
of this state other than the department of job and family	82162
services, notwithstanding the fact that the provider may hold a	82163
license, permit, certificate, or certification from an official,	82164
board, commission, department, division, bureau, or other agency	82165
of another state.	82166

(4) The provider agreement is denied, terminated, or not	82167
renewed pursuant to division (C) or (F) of section 5111.03 of the	82168
Revised Code.	82169

(5) The provider agreement is denied, terminated, or not	82170
renewed due to the provider's termination, suspension, or	82171
exclusion from the medicare program established under Title XVIII	82172
of the "Social Security Act," or from another state's medicaid	82173
program and, in either case, the termination, suspension, or	82174
exclusion is binding on the provider's participation in the	82175
medicaid program in this state.	82176

(6) The provider agreement is denied, terminated, or not	82177
renewed due to the provider's pleading guilty to or being	82178
convicted of a criminal activity materially related to either the	82179
medicare or medicaid program.	82180

(7) The provider agreement is denied, terminated, or	82181
suspended as a result of action by the United States department of	82182
health and human services and that action is binding on the	82183
provider's participation in the medicaid program.	82184

(8) ~~The~~Pursuant to either section 5111.031 or 5111.035 of	82185
the Revised Code, the provider agreement is suspended ~~pursuant to~~	82186
~~section 5111.031 of the Revised Code~~and payments to the provider	82187
are suspended pending indictment of the provider.	82188

(9) The provider agreement is denied, terminated, or not	82189
renewed because the provider or its owner, officer, authorized	82190
agent, associate, manager, or employee has been convicted of one	82191
of the offenses that caused the provider agreement to be suspended	82192
pursuant to section 5111.031 of the Revised Code.	82193

(10) The provider agreement is converted under section	82194
5111.028 of the Revised Code from a provider agreement that is not	82195
time-limited to a provider agreement that is time-limited.	82196

(11) The provider agreement is terminated or an application	82197
for re-enrollment is denied because the provider has failed to	82198
apply for re-enrollment within the time or in the manner specified	82199
for re-enrollment pursuant to section 5111.028 of the Revised	82200
Code.	82201

(12) The provider agreement is suspended or terminated, or an	82202
application for enrollment or re-enrollment is denied, for any	82203
reason authorized or required by one or more of the following: 42	82204
C.F.R. 455.106, 455.23, 455.416, 455.434, or 455.450.	82205

(13) The provider agreement is terminated or not renewed	82206
because the provider has not billed or otherwise submitted a	82207
medicaid claim to the department for two years or longer.	82208

~~(13)~~(14) The provider agreement is denied, terminated, or not	82209
renewed because the provider fails to provide to the department	82210
the national provider identifier assigned the provider by the	82211
national provider system pursuant to 45 C.F.R. 162.408.	82212

In the case of a provider described in division (D)~~(12)~~(13)	82213
or ~~(13)~~(14) of this section, the department may take its proposed	82214
action against a provider agreement by sending a notice explaining	82215
the proposed action to the provider. The notice shall be sent to	82216
the provider's address on record with the department. The notice	82217
may be sent by regular mail.	82218

(E) The department may withhold payments for services	82219
rendered by a medicaid provider under the medicaid program during	82220
the pendency of proceedings initiated under division (B)(1) of	82221
this section. If the proceedings are initiated under division	82222
(B)(2) of this section, the department may withhold payments only	82223
to the extent that they equal amounts determined in a final fiscal	82224
audit as being due the state. This division does not apply if the	82225
department fails to comply with section 119.07 of the Revised	82226
Code, requests a continuance of the hearing, or does not issue a	82227
decision within thirty days after the hearing is completed. This	82228
division does not apply to nursing facilities and intermediate	82229
care facilities for the mentally retarded as defined in section	82230
5111.20 of the Revised Code.	82231

Sec. 5111.063. For the purpose of raising funds necessary to	82232
pay the expenses of implementing the provider screening	82233
requirements of subpart E of 42 C.F.R. Part 455, the department of	82234
job and family services shall charge an application fee to a	82235
provider seeking to enter into or renew a medicaid provider	82236
agreement, unless the provider is exempt from paying the	82237
application fee under 42 C.F.R. 455.460(a). The application fees	82238
shall be deposited into the health care services administration	82239
fund created under section 5111.94 of the Revised Code.	82240

The director of job and family services shall adopt rules in	82241
accordance with Chapter 119. of the Revised Code as necessary to	82242
implement this section, including a rule establishing the amount	82243
of the application fee that is charged under this section. The	82244
amount of the application fee shall not be set at an amount that	82245
is more than necessary to pay for the expenses of implementing the	82246
provider screening requirements.	82247

Sec. 5111.085. As used in this section, "federal upper	82248
reimbursement limit" means the limit established pursuant to	82249
section 1927(e) of the "Social Security Act," 104 Stat. 1388-151	82250
(1990), 42 U.S.C. 1396r-8(e), as amended.	82251

The medicaid payment for a drug that is subject to a federal	82252
upper reimbursement limit shall not exceed, in the aggregate, the	82253
federal upper reimbursement limit for the drug. The director of	82254
job and family services shall adopt rules under section 5111.02 of	82255
the Revised Code as necessary to implement this section.	82256

Sec. 5111.113. (A) As used in this section:

82257

(1) "Adult care facility" has the same meaning as in section	82258
~~3722.01~~5119.70 of the Revised Code.	82259

(2) "Commissioner" means a person appointed by a probate	82260
court under division (B) of section 2113.03 of the Revised Code to	82261
act as a commissioner.	82262

(3) "Home" has the same meaning as in section 3721.10 of the	82263
Revised Code.	82264

(4) "Personal needs allowance account" means an account or	82265
petty cash fund that holds the money of a resident of an adult	82266
care facility or home and that the facility or home manages for	82267
the resident.	82268

(B) Except as provided in divisions (C) and (D) of this	82269
section, the owner or operator of an adult care facility or home	82270
shall transfer to the department of job and family services the	82271
money in the personal needs allowance account of a resident of the	82272
facility or home who was a recipient of the medical assistance	82273
program no earlier than sixty days but not later than ninety days	82274
after the resident dies. The adult care facility or home shall	82275
transfer the money even though the owner or operator of the	82276
facility or home has not been issued letters testamentary or	82277
letters of administration concerning the resident's estate.	82278

(C) If funeral or burial expenses for a resident of an adult	82279
care facility or home who has died have not been paid and the only	82280
resource the resident had that could be used to pay for the	82281
expenses is the money in the resident's personal needs allowance	82282
account, or all other resources of the resident are inadequate to	82283
pay the full cost of the expenses, the money in the resident's	82284
personal needs allowance account shall be used to pay for the	82285
expenses rather than being transferred to the department of job	82286
and family services pursuant to division (B) of this section.	82287

(D) If, not later than sixty days after a resident of an	82288
adult care facility or home dies, letters testamentary or letters	82289
of administration are issued, or an application for release from	82290
administration is filed under section 2113.03 of the Revised Code,	82291
concerning the resident's estate, the owner or operator of the	82292
facility or home shall transfer the money in the resident's	82293
personal needs allowance account to the administrator, executor,	82294
commissioner, or person who filed the application for release from	82295
administration.	82296

(E) The transfer or use of money in a resident's personal	82297
needs allowance account in accordance with division (B), (C), or	82298
(D) of this section discharges and releases the adult care	82299
facility or home, and the owner or operator of the facility or	82300
home, from any claim for the money from any source.	82301

(F) If, sixty-one or more days after a resident of an adult	82302
care facility or home dies, letters testamentary or letters of	82303
administration are issued, or an application for release from	82304
administration under section 2113.03 of the Revised Code is filed,	82305
concerning the resident's estate, the department of job and family	82306
services shall transfer the funds to the administrator, executor,	82307
commissioner, or person who filed the application, unless the	82308
department is entitled to recover the money under the medicaid	82309
estate recovery program instituted under section 5111.11 of the	82310
Revised Code.	82311

Sec. 5111.13. (A) As used in this section, "cost-effective"	82312
and "group health plan" have the same meanings as in section 1906	82313
of the "Social Security Act," 49104 Stat. ~~620 (1935)~~1388-161	82314
(1990), 42 U.S.C.A. 1396e, as amended, and any regulations adopted	82315
under that section.	82316

(B) The department of job and family services~~, pursuant to~~	82317
~~guidelines issued by~~may submit a medicaid state plan amendment to	82318
the United States secretary of health and human services~~, shall~~	82319
~~identify cases in which enrollment of an individual otherwise~~	82320
~~eligible for medical assistance under this chapter in a group~~	82321
~~health plan in which the individual is eligible to enroll and~~	82322
~~payment of the individual's premiums, deductibles, coinsurance,~~	82323
~~and other cost-sharing expenses is cost effective.~~	82324

~~The department shall require, as a condition of eligibility~~	82325
~~for medical assistance, individuals identified under this~~	82326
~~division, or in the case of a child, the child's parent, to apply~~	82327
~~for enrollment in the group health plan, except that the failure~~	82328
~~of a parent to enroll self or the parent's child in a group health~~	82329
~~plan does not affect the child's eligibility under the medical~~	82330
~~assistance program.~~	82331

~~The department shall pay enrollee premiums and deductibles,~~	82332
~~coinsurance, and other cost-sharing obligations for services and~~	82333
~~items otherwise covered under the medical assistance program. The~~	82334
~~department shall treat coverage under the group health plan in the~~	82335
~~same manner as any other third-party liability under the program.~~	82336
~~If not all members of a family are eligible for medical assistance~~	82337
~~and enrollment of the eligible members in a group health plan is~~	82338
~~not possible without also enrolling the members who are ineligible~~	82339
~~for medical assistance, the department shall pay the premiums for~~	82340
~~the ineligible members if the payments are cost effective. The~~	82341
~~department shall not pay deductibles, coinsurance, or other~~	82342
~~cost-sharing obligations of enrolled members who are not eligible~~	82343
~~for medical assistance.~~	82344

~~The department may make payments under this section to~~	82345
~~employers, insurers, or other entities. The department may make~~	82346
~~the payments without entering into a contract with employers,~~	82347
~~insurers, or other entities.~~	82348

~~(C) To the extent permitted by federal law and regulations,~~	82349
~~the department of job and family services shall coordinate the~~	82350
~~medical assistance program with group health plans in such a~~	82351
~~manner that the medical assistance program serves as a supplement~~	82352
~~to the group health plans. In its coordination efforts, the~~	82353
~~department shall consider cost-effectiveness and quality of care.~~	82354
~~The department may enter into agreements with group health plans~~	82355
~~as necessary to implement this division~~for the purpose of	82356
implementing a program pursuant to section 1906 of the "Social	82357
Security Act," 104 Stat. 1388-161 (1990), 42 U.S.C. 1396e, as	82358
amended, for the enrollment of medicaid-eligible individuals in	82359
group health plans when the department determines that enrollment	82360
is cost-effective.	82361

~~(D)~~(C) The director of job and family services ~~shall~~may	82362
adopt rules in accordance with Chapter 119. of the Revised Code as	82363
necessary to implement this section.	82364

Sec. 5111.14. The director of job and family services may	82365
submit to the United States secretary of health and human services	82366
an amendment to the medicaid state plan in order to implement	82367
within the medicaid program a system under which medicaid	82368
recipients with chronic conditions are provided with coordinated	82369
care through health homes, as authorized by section 1945 of the	82370
"Social Security Act," 124 Stat. 319 (2010), 42 U.S.C. 1396w-4.	82371

The director may adopt rules under section 5111.02 of the	82372
Revised Code to implement this section.	82373

~~Sec. 5111.14.~~ Sec. 5111.141. The department of job and family	82374
services may require county departments of job and family services	82375
to provide case management of nonemergency transportation services	82376
provided under the medical assistance program. County departments	82377
shall provide the case management if required by the department in	82378
accordance with rules adopted by the director of job and family	82379
services.	82380

The department shall determine, for the purposes of claiming	82381
federal reimbursement under the medical assistance program,	82382
whether it will claim expenditures for nonemergency transportation	82383
services as administrative or program expenditures.	82384

Sec. 5111.151. (A)(1) This section applies only to either of	82385
the following:	82386

(a) Initial eligibility determinations for ~~all cases~~	82387
~~involving medicaid provided pursuant to this chapter, qualified~~	82388
~~medicare beneficiaries, specified low-income medicare~~	82389
~~beneficiaries, qualifying individuals-1, qualifying individuals-2,~~	82390
~~and medical assistance for covered families and children~~the	82391
medicaid program made by the director of job and family services	82392
pursuant to section 5101.47 of the Revised Code or by a county	82393
department of job and family services pursuant to section 5111.012	82394
of the Revised Code;	82395

(b) An appeal from a determination described in division	82396
(A)(1)(a) of this section pursuant to section 5101.35 of the	82397
Revised Code.	82398

(2)(a) Except as provided in division (A)(2)(b) of this	82399
section, this section shall not be used by a court to determine	82400
the effect of a trust on an individual's initial eligibility for	82401
the medicaid program.	82402

(b) The prohibition in division (A)(2)(a) of this section	82403
does not apply to an appeal described in division (A)(1)(b) of	82404
this section.	82405

(B) As used in this section:

82406

(1) "Trust" means any arrangement in which a grantor	82407
transfers real or personal property to a trust with the intention	82408
that it be held, managed, or administered by at least one trustee	82409
for the benefit of the grantor or beneficiaries. "Trust" includes	82410
any legal instrument or device similar to a trust.	82411

(2) "Legal instrument or device similar to a trust" includes,	82412
but is not limited to, escrow accounts, investment accounts,	82413
partnerships, contracts, and other similar arrangements that are	82414
not called trusts under state law but are similar to a trust and	82415
to which all of the following apply:	82416

(a) The property in the trust is held, managed, retained, or	82417
administered by a trustee.	82418

(b) The trustee has an equitable, legal, or fiduciary duty to	82419
hold, manage, retain, or administer the property for the benefit	82420
of the beneficiary.	82421

(c) The trustee holds identifiable property for the	82422
beneficiary.	82423

(3) "Grantor" is a person who creates a trust, including all	82424
of the following:	82425

(a) An individual;

82426

(b) An individual's spouse;

82427

(c) A person, including a court or administrative body, with	82428
legal authority to act in place of or on behalf of an individual	82429
or an individual's spouse;	82430

(d) A person, including a court or administrative body, that	82431
acts at the direction or on request of an individual or the	82432
individual's spouse.	82433

(4) "Beneficiary" is a person or persons, including a	82434
grantor, who benefits in some way from a trust.	82435

(5) "Trustee" is a person who manages a trust's principal and	82436
income for the benefit of the beneficiaries.	82437

(6) "Person" has the same meaning as in section 1.59 of the	82438
Revised Code and includes an individual, corporation, business	82439
trust, estate, trust, partnership, and association.	82440

(7) "Applicant" is an individual who applies for medicaid or	82441
the individual's spouse.	82442

(8) "Recipient" is an individual who receives medicaid or the	82443
individual's spouse.	82444

(9) "Revocable trust" is a trust that can be revoked by the	82445
grantor or the beneficiary, including all of the following, even	82446
if the terms of the trust state that it is irrevocable:	82447

(a) A trust that provides that the trust can be terminated	82448
only by a court;	82449

(b) A trust that terminates on the happening of an event, but	82450
only if the event occurs at the direction or control of the	82451
grantor, beneficiary, or trustee.	82452

(10) "Irrevocable trust" is a trust that cannot be revoked by	82453
the grantor or terminated by a court and that terminates only on	82454
the occurrence of an event outside of the control or direction of	82455
the beneficiary or grantor.	82456

(11) "Payment" is any disbursal from the principal or income	82457
of the trust, including actual cash, noncash or property	82458
disbursements, or the right to use and occupy real property.	82459

(12) "Payments to or for the benefit of the applicant or	82460
recipient" is a payment to any person resulting in a direct or	82461
indirect benefit to the applicant or recipient.	82462

(13) "Testamentary trust" is a trust that is established by a	82463
will and does not take effect until after the death of the person	82464
who created the trust.	82465

(C)(1) If an applicant or recipient is a beneficiary of a	82466
trust, the county department of job and family services shall	82467
determine what type of trust it is and shall treat the trust in	82468
accordance with the appropriate provisions of this section and	82469
rules adopted by the department of job and family services	82470
governing trusts. The county department of job and family services	82471
may determine that the trust or portion of the trust ~~is one of the~~	82472
~~following~~:	82473

~~(1) A countable~~(a) Is a resource available to the applicant	82474
or recipient;	82475

~~(2) Countable~~(b) Contains income available to the applicant	82476
or recipient;	82477

~~(3) A countable resource and countable income~~(c) Constitutes	82478
both items described in divisions (C)(1)(a) and (b) of this	82479
section;	82480

~~(4) Not a countable resource or countable income~~(d) Is	82481
neither an item described in division (C)(1)(a) nor (C)(1)(b) of	82482
this section.	82483

(2) Except as provided in division (F) of this section, a	82484
trust or portion of a trust that is a resource available to the	82485
applicant or recipient or contains income available to the	82486
applicant or recipient shall be counted for purposes of	82487
determining medicaid eligibility.	82488

(D)(1) A trust or legal instrument or device similar to a	82489
trust shall be considered a medicaid qualifying trust if all of	82490
the following apply:	82491

(a) The trust was established on or prior to August 10, 1993.

82492

(b) The trust was not established by a will.

82493

82494

(d) The applicant or recipient is or may become the	82495
beneficiary of all or part of the trust.	82496

(e) Payment from the trust is determined by one or more	82497
trustees who are permitted to exercise any discretion with respect	82498
to the distribution to the applicant or recipient.	82499

(2) If a trust meets the requirement of division (D)(1) of	82500
this section, the amount of the trust that is considered by the	82501
county department of job and family services ~~as an available~~to be	82502
a resource available to the applicant or recipient shall be the	82503
maximum amount of payments permitted under the terms of the trust	82504
to be distributed to the applicant or recipient, assuming the full	82505
exercise of discretion by the trustee or trustees. The maximum	82506
amount shall include only amounts that are permitted to be	82507
distributed but are not distributed from either the income or	82508
principal of the trust.	82509

(3) Amounts that are actually distributed from a medicaid	82510
qualifying trust to a beneficiary for any purpose shall be treated	82511
in accordance with rules adopted by the department of job and	82512
family services governing income.	82513

(4) Availability of a medicaid qualifying trust shall be	82514
considered without regard to any of the following:	82515

(a) Whether or not the trust is irrevocable or was	82516
established for purposes other than to enable a grantor to qualify	82517
for medicaid, medical assistance for covered families and	82518
children, or as a qualified medicare beneficiary, specified	82519
low-income medicare beneficiary, qualifying individual-1, or	82520
qualifying individual-2;	82521

(b) Whether or not the trustee actually exercises discretion.

82522

(5) If any real or personal property is transferred to a	82523
medicaid qualifying trust that is not distributable to the	82524
applicant or recipient, the transfer shall be considered an	82525
improper disposition of assets and shall be subject to section	82526
5111.0116 of the Revised Code and rules to implement that section	82527
adopted under section 5111.011 of the Revised Code.	82528

(6) The baseline date for the look-back period for	82529
disposition of assets involving a medicaid qualifying trust shall	82530
be the date on which the applicant or recipient is both	82531
institutionalized and first applies for medicaid.	82532

(E)(1) A trust or legal instrument or device similar to a	82533
trust shall be considered a self-settled trust if all of the	82534
following apply:	82535

(a) The trust was established on or after August 11, 1993.

82536

(b) The trust was not established by a will.

82537

(c) The trust was established by an applicant or recipient,	82538
spouse of an applicant or recipient, or a person, including a	82539
court or administrative body, with legal authority to act in place	82540
of or on behalf of an applicant, recipient, or spouse, or acting	82541
at the direction or on request of an applicant, recipient, or	82542
spouse.	82543

(2) A trust that meets the requirements of division (E)(1) of	82544
this section and is a revocable trust shall be treated by the	82545
county department of job and family services as follows:	82546

(a) The corpus of the trust shall be considered a resource	82547
available to the applicant or recipient.	82548

(b) Payments from the trust to or for the benefit of the	82549
applicant or recipient shall be considered unearned income of the	82550
applicant or recipient.	82551

(c) Any other payments from the trust shall be considered an	82552
improper disposition of assets and shall be subject to section	82553
5111.0116 of the Revised Code and rules to implement that section	82554
adopted under section 5111.011 of the Revised Code.	82555

(3) A trust that meets the requirements of division (E)(1) of	82556
this section and is an irrevocable trust shall be treated by the	82557
county department of job and family services as follows:	82558

(a) If there are any circumstances under which payment from	82559
the trust could be made to or for the benefit of the applicant or	82560
recipient, including a payment that can be made only in the	82561
future, the portion from which payments could be made shall be	82562
considered a resource available to the applicant or recipient. The	82563
county department of job and family services shall not take into	82564
account when payments can be made.	82565

(b) Any payment that is actually made to or for the benefit	82566
of the applicant or recipient from either the corpus or income	82567
shall be considered unearned income.	82568

(c) If a payment is made to someone other than to the	82569
applicant or recipient and the payment is not for the benefit of	82570
the applicant or recipient, the payment shall be considered an	82571
improper disposition of assets and shall be subject to section	82572
5111.0116 of the Revised Code and rules to implement that section	82573
adopted under section 5111.011 of the Revised Code.	82574

(d) The date of the disposition shall be the later of the	82575
date of establishment of the trust or the date of the occurrence	82576
of the event.	82577

(e) When determining the value of the disposed asset under	82578
this provision, the value of the trust shall be its value on the	82579
date payment to the applicant or recipient was foreclosed.	82580

(f) Any income earned or other resources added subsequent to	82581
the foreclosure date shall be added to the total value of the	82582
trust.	82583

(g) Any payments to or for the benefit of the applicant or	82584
recipient after the foreclosure date but prior to the application	82585
date shall be subtracted from the total value. Any other payments	82586
shall not be subtracted from the value.	82587

(h) Any addition of assets after the foreclosure date shall	82588
be considered a separate disposition.	82589

(4) If a trust is funded with assets of another person or	82590
persons in addition to assets of the applicant or recipient, the	82591
applicable provisions of this section and rules adopted by the	82592
department of job and family services governing trusts shall apply	82593
only to the portion of the trust attributable to the applicant or	82594
recipient.	82595

(5) The availability of a self-settled trust shall be	82596
considered without regard to any of the following:	82597

(a) The purpose for which the trust is established;

82598

(b) Whether the trustees have exercised or may exercise	82599
discretion under the trust;	82600

(c) Any restrictions on when or whether distributions may be	82601
made from the trust;	82602

(d) Any restrictions on the use of distributions from the	82603
trust.	82604

(6) The baseline date for the look-back period for	82605
dispositions of assets involving a self-settled trust shall be the	82606
date on which the applicant or recipient is both institutionalized	82607
and first applies for medicaid.	82608

(F) The principal or income from any of the following shall	82609
~~be exempt from being counted as~~not be a resource ~~by a county~~	82610
~~department of job and family services~~available to the applicant	82611
or recipient:	82612

(1)(a) A special needs trust that meets all of the following	82613
requirements:	82614

(i) The trust contains assets of an applicant or recipient	82615
under sixty-five years of age and may contain the assets of other	82616
individuals.	82617

(ii) The applicant or recipient is disabled as defined in	82618
rules adopted by the department of job and family services.	82619

(iii) The trust is established for the benefit of the	82620
applicant or recipient by a parent, grandparent, legal guardian,	82621
or a court.	82622

(iv) The trust requires that on the death of the applicant or	82623
recipient the state will receive all amounts remaining in the	82624
trust up to an amount equal to the total amount of medicaid paid	82625
on behalf of the applicant or recipient.	82626

(b) If a special needs trust meets the requirements of	82627
division (F)(1)(a) of this section and has been established for a	82628
disabled applicant or recipient under sixty-five years of age, the	82629
exemption for the trust granted pursuant to division (F) of this	82630
section shall continue after the disabled applicant or recipient	82631
becomes sixty-five years of age if the applicant or recipient	82632
continues to be disabled as defined in rules adopted by the	82633
department of job and family services. Except for income earned by	82634
the trust, the grantor shall not add to or otherwise augment the	82635
trust after the applicant or recipient attains sixty-five years of	82636
age. An addition or augmentation of the trust by the applicant or	82637
recipient with the applicant's own assets after the applicant or	82638
recipient attains sixty-five years of age shall be treated as an	82639
improper disposition of assets.	82640

(c) Cash distributions to the applicant or recipient shall be	82641
counted as unearned income. All other distributions from the trust	82642
shall be treated as provided in rules adopted by the department of	82643
job and family services governing in-kind income.	82644

(d) Transfers of assets to a special needs trust shall not be	82645
treated as an improper transfer of resources. ~~Assets~~An Asset held	82646
prior to the transfer to the trust shall be considered as	82647
~~countable assets or countable~~a resource available to the	82648
applicant or recipient, income available to the applicant or	82649
recipient, or ~~countable assets~~both a resource and income	82650
available to the individual.	82651

(2)(a) A qualifying income trust that meets all of the	82652
following requirements:	82653

(i) The trust is composed only of pension, social security,	82654
and other income to the applicant or recipient, including	82655
accumulated interest in the trust.	82656

(ii) The income is received by the individual and the right	82657
to receive the income is not assigned or transferred to the trust.	82658

(iii) The trust requires that on the death of the applicant	82659
or recipient the state will receive all amounts remaining in the	82660
trust up to an amount equal to the total amount of medicaid paid	82661
on behalf of the applicant or recipient.	82662

(b) No resources shall be used to establish or augment the	82663
trust.	82664

(c) If an applicant or recipient has irrevocably transferred	82665
or assigned the applicant's or recipient's right to receive income	82666
to the trust, the trust shall not be considered a qualifying	82667
income trust by the county department of job and family services.	82668

(d) Income placed in a qualifying income trust shall not be	82669
counted in determining an applicant's or recipient's eligibility	82670
for medicaid. The recipient of the funds may place any income	82671
directly into a qualifying income trust without those funds	82672
adversely affecting the applicant's or recipient's eligibility for	82673
medicaid. Income generated by the trust that remains in the trust	82674
shall not be considered as income to the applicant or recipient.	82675

(e) All income placed in a qualifying income trust shall be	82676
combined with any ~~countable~~ income available to the individual	82677
that is not placed in the trust to arrive at a base income figure	82678
to be used for spend down calculations.	82679

(f) The base income figure shall be used for post-eligibility	82680
deductions, including personal needs allowance, monthly income	82681
allowance, family allowance, and medical expenses not subject to	82682
third party payment. Any income remaining shall be used toward	82683
payment of patient liability. Payments made from a qualifying	82684
income trust shall not be combined with the base income figure for	82685
post-eligibility calculations.	82686

(g) The base income figure shall be used when determining the	82687
spend down budget for the applicant or recipient. Any income	82688
remaining after allowable deductions are permitted as provided	82689
under rules adopted by the department of job and family services	82690
shall be considered the applicant's or recipient's spend down	82691
liability.	82692

(3)(a) A pooled trust that meets all of the following	82693
requirements:	82694

(i) The trust contains the assets of the applicant or	82695
recipient ~~of any~~under sixty-five years of age who is disabled as	82696
defined in rules adopted by the department of job and family	82697
services.	82698

(ii) The trust is established and managed by a nonprofit	82699
association.	82700

(iii) A separate account is maintained for each beneficiary	82701
of the trust but, for purposes of investment and management of	82702
funds, the trust pools the funds in these accounts.	82703

(iv) Accounts in the trust are established by the applicant	82704
or recipient, the applicant's or recipient's parent, grandparent,	82705
or legal guardian, or a court solely for the benefit of	82706
individuals who are disabled.	82707

(v) The trust requires that, to the extent that any amounts	82708
remaining in the beneficiary's account on the death of the	82709
beneficiary are not retained by the trust, the trust pay to the	82710
state the amounts remaining in the trust up to an amount equal to	82711
the total amount of medicaid paid on behalf of the beneficiary.	82712

(b) Cash distributions to the applicant or recipient shall be	82713
counted as unearned income. All other distributions from the trust	82714
shall be treated as provided in rules adopted by the department of	82715
job and family services governing in-kind income.	82716

(c) Transfers of assets to a pooled trust shall not be	82717
treated as an improper disposition of assets. ~~Assets~~An asset held	82718
prior to the transfer to the trust shall be considered as	82719
~~countable assets, countable~~a resource available to the applicant	82720
or recipient, income available to the applicant or recipient, or	82721
~~countable assets~~both a resource and income available to the	82722
applicant or recipient.	82723

(4) A supplemental services trust that meets the requirements	82724
of section 5815.28 of the Revised Code and to which all of the	82725
following apply:	82726

(a) A person may establish a supplemental services trust	82727
pursuant to section 5815.28 of the Revised Code only for another	82728
person who is eligible to receive services through one of the	82729
following agencies:	82730

(i) The department of developmental disabilities;

82731

(ii) A county board of developmental disabilities;

82732

(iii) The department of mental health;

82733

(iv) A board of alcohol, drug addiction, and mental health	82734
services.	82735

(b) A county department of job and family services shall not	82736
determine eligibility for another agency's program. An applicant	82737
or recipient shall do one of the following:	82738

(i) Provide documentation from one of the agencies listed in	82739
division (F)(4)(a) of this section that establishes that the	82740
applicant or recipient was determined to be eligible for services	82741
from the agency at the time of the creation of the trust;	82742

(ii) Provide an order from a court of competent jurisdiction	82743
that states that the applicant or recipient was eligible for	82744
services from one of the agencies listed in division (F)(4)(a) of	82745
this section at the time of the creation of the trust.	82746

(c) At the time the trust is created, the trust principal	82747
does not exceed the maximum amount permitted. The maximum amount	82748
permitted in calendar year 2006 is two hundred twenty-two thousand	82749
dollars. Each year thereafter, the maximum amount permitted is the	82750
prior year's amount plus two thousand dollars.	82751

(d) A county department of job and family services shall	82752
review the trust to determine whether it complies with the	82753
provisions of section 5815.28 of the Revised Code.	82754

(e) Payments from supplemental services trusts shall be	82755
exempt as long as the payments are for supplemental services as	82756
defined in rules adopted by the department of job and family	82757
services. All supplemental services shall be purchased by the	82758
trustee and shall not be purchased through direct cash payments to	82759
the beneficiary.	82760

(f) If a trust is represented as a supplemental services	82761
trust and a county department of job and family services	82762
determines that the trust does not meet the requirements provided	82763
in division (F)(4) of this section and section 5815.28 of the	82764
Revised Code, the county department of job and family services	82765
shall not consider it an exempt trust.	82766

(G)(1) A trust or legal instrument or device similar to a	82767
trust shall be considered a trust established by an individual for	82768
the benefit of the applicant or recipient if all of the following	82769
apply:	82770

(a) The trust is created by a person other than the applicant	82771
or recipient.	82772

(b) The trust names the applicant or recipient as a	82773
beneficiary.	82774

(c) The trust is funded with assets or property in which the	82775
applicant or recipient has never held an ownership interest prior	82776
to the establishment of the trust.	82777

(2) Any portion of a trust that meets the requirements of	82778
division (G)(1) of this section shall be ~~an available~~a resource	82779
available to the applicant or recipient only if the trust permits	82780
the trustee to expend principal, corpus, or assets of the trust	82781
for the applicant's or recipient's medical care, care, comfort,	82782
maintenance, health, welfare, general well being, or any	82783
combination of these purposes.	82784

(3) A trust that meets the requirements of division (G)(1) of	82785
this section shall be considered ~~an available~~a resource available	82786
to the applicant or recipient even if the trust contains any of	82787
the following types of provisions:	82788

(a) A provision that prohibits the trustee from making	82789
payments that would supplant or replace medicaid or other public	82790
assistance;	82791

(b) A provision that prohibits the trustee from making	82792
payments that would impact or have an effect on the applicant's or	82793
recipient's right, ability, or opportunity to receive medicaid or	82794
other public assistance;	82795

(c) A provision that attempts to prevent the trust or its	82796
corpus or principal from being ~~counted as an available~~a resource	82797
available to the applicant or recipient.	82798

(4) A trust that meets the requirements of division (G)(1) of	82799
this section shall not be counted as ~~an available~~a resource	82800
available to the applicant or recipient if at least one of the	82801
following circumstances applies:	82802

(a) If a trust contains a clear statement requiring the	82803
trustee to preserve a portion of the trust for another beneficiary	82804
or remainderman, that portion of the trust shall not be counted as	82805
~~an available~~a resource available to the applicant or recipient.	82806
Terms of a trust that grant discretion to preserve a portion of	82807
the trust shall not qualify as a clear statement requiring the	82808
trustee to preserve a portion of the trust.	82809

(b) If a trust contains a clear statement requiring the	82810
trustee to use a portion of the trust for a purpose other than	82811
medical care, care, comfort, maintenance, welfare, or general well	82812
being of the applicant or recipient, that portion of the trust	82813
shall not be counted as ~~an available~~a resource available to the	82814
applicant or recipient. Terms of a trust that grant discretion to	82815
limit the use of a portion of the trust shall not qualify as a	82816
clear statement requiring the trustee to use a portion of the	82817
trust for a particular purpose.	82818

(c) If a trust contains a clear statement limiting the	82819
trustee to making fixed periodic payments, the trust shall not be	82820
counted as ~~an available~~a resource available to the applicant or	82821
recipient and payments shall be treated in accordance with rules	82822
adopted by the department of job and family services governing	82823
income. Terms of a trust that grant discretion to limit payments	82824
shall not qualify as a clear statement requiring the trustee to	82825
make fixed periodic payments.	82826

(d) If a trust contains a clear statement that requires the	82827
trustee to terminate the trust if it is counted as ~~an available~~a	82828
resource available to the applicant or recipient, the trust shall	82829
not be counted as ~~an available resource~~such. Terms of a trust	82830
that grant discretion to terminate the trust do not qualify as a	82831
clear statement requiring the trustee to terminate the trust.	82832

(e) If a person obtains a judgment from a court of competent	82833
jurisdiction that expressly prevents the trustee from using part	82834
or all of the trust for the medical care, care, comfort,	82835
maintenance, welfare, or general well being of the applicant or	82836
recipient, the trust or that portion of the trust subject to the	82837
court order shall not be counted as a resource available to the	82838
applicant or recipient.	82839

(f) If a trust is specifically exempt from being counted as	82840
~~an available~~a resource available to the applicant or recipient by	82841
a provision of the Revised Code, rules, or federal law, the trust	82842
shall not be counted as ~~a resource~~such.	82843

(g) If an applicant or recipient presents a final judgment	82844
from a court demonstrating that the applicant or recipient was	82845
unsuccessful in a civil action against the trustee to compel	82846
payments from the trust, the trust shall not be counted as an	82847
~~available~~a resource available to the applicant or recipient.	82848

(h) If an applicant or recipient presents a final judgment	82849
from a court demonstrating that in a civil action against the	82850
trustee the applicant or recipient was only able to compel limited	82851
or periodic payments, the trust shall not be counted as an	82852
~~available~~a resource available to the applicant or recipient and	82853
payments shall be treated in accordance with rules adopted by the	82854
department of job and family services governing income.	82855

(i) If an applicant or recipient provides written	82856
documentation showing that the cost of a civil action brought to	82857
compel payments from the trust would be cost prohibitive, the	82858
trust shall not be counted as ~~an available~~a resource available to	82859
the applicant or recipient.	82860

(5) Any actual payments to the applicant or recipient from a	82861
trust that meet the requirements of division (G)(1) of this	82862
section, including trusts that are not counted as ~~an available~~a	82863
resource available to the applicant or recipient, shall be treated	82864
as provided in rules adopted by the department of job and family	82865
services governing income. Payments to any person other than the	82866
applicant or recipient shall not be considered income to the	82867
applicant or recipient. Payments from the trust to a person other	82868
than the applicant or recipient shall not be considered an	82869
improper disposition of assets.	82870

Sec. 5111.16. (A) As part of the medicaid program, the	82871
department of job and family services shall establish a care	82872
management system. The department shall submit, if necessary,	82873
applications to the United States department of health and human	82874
services for waivers of federal medicaid requirements that would	82875
otherwise be violated in the implementation of the system.	82876

(B) The department shall implement the care management system	82877
in some or all counties and shall designate the medicaid	82878
recipients who are required or permitted to participate in the	82879
system. In the department's implementation of the system and	82880
designation of participants, all of the following apply:	82881

(1) In the case of individuals who receive medicaid on the	82882
basis of being included in the category identified by the	82883
department as covered families and children, the department shall	82884
implement the care management system in all counties. All	82885
individuals included in the category shall be designated for	82886
participation, except for individuals included in one or more of	82887
the medicaid recipient groups specified in 42 C.F.R. 438.50(d).	82888
The department shall ensure that all participants are enrolled in	82889
health insuring corporations under contract with the department	82890
pursuant to section 5111.17 of the Revised Code.	82891

(2) In the case of individuals who receive medicaid on the	82892
basis of being aged, blind, or disabled, as specified in division	82893
(A)(2) of section 5111.01 of the Revised Code, the department	82894
shall implement the care management system in all counties. ~~All~~	82895
Except as provided in division (C) of this section, all	82896
individuals included in the category shall be designated for	82897
participation~~, except for the individuals specified in divisions~~	82898
~~(B)(2)(a) to (e) of this section~~. The department shall ensure that	82899
all participants are enrolled in health insuring corporations	82900
under contract with the department pursuant to section 5111.17 of	82901
the Revised Code.	82902

In(3) Alcohol, drug addiction, and mental health services	82903
covered by medicaid shall not be included in any component of the	82904
care management system when the nonfederal share of the cost of	82905
those services is provided by a board of alcohol, drug addiction,	82906
and mental health services or a state agency other than the	82907
department of job and family services, but the recipients of those	82908
services may otherwise be designated for participation in the	82909
system.	82910

(C)(1) In designating participants who receive medicaid on	82911
the basis of being aged, blind, or disabled, the department shall	82912
not include any of the following, except as provided under	82913
division (C)(2) of this section:	82914

(a) Individuals who are under twenty-one years of age;

82915

(b) Individuals who are institutionalized;

82916

(c) Individuals who become eligible for medicaid by spending	82917
down their income or resources to a level that meets the medicaid	82918
program's financial eligibility requirements;	82919

(d) Individuals who are dually eligible under the medicaid	82920
program and the medicare program established under Title XVIII of	82921
the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as	82922
amended;	82923

(e) Individuals to the extent that they are receiving	82924
medicaid services through a medicaid waiver component, as defined	82925
in section 5111.85 of the Revised Code.	82926

~~(3) Alcohol, drug addiction, and mental health services~~	82927
~~covered by medicaid shall not be included in any component of the~~	82928
~~care management system when the nonfederal share of the cost of~~	82929
~~those services is provided by a board of alcohol, drug addiction,~~	82930
~~and mental health services or a state agency other than the~~	82931
~~department of job and family services, but the recipients of those~~	82932
~~services may otherwise be designated for participation in the~~	82933
~~system.~~	82934

~~(C)~~(2) If any necessary waiver of federal medicaid	82935
requirements is granted, the department may designate any of the	82936
following individuals who receive medicaid on the basis of being	82937
aged, blind, or disabled as individuals who are permitted or	82938
required to participate in the care management system:	82939

(a) Individuals who are under twenty-one years of age;

82940

(b) Individuals who reside in a nursing facility, as defined	82941
in section 5111.20 of the Revised Code;	82942

(c) Individuals who, as an alternative to receiving nursing	82943
facility services, are participating in a home and community-based	82944
services medicaid waiver component, as defined in section 5111.85	82945
of the Revised Code;	82946

(d) Individuals who are dually eligible under the medicaid	82947
program and the medicare program.	82948

(D) Subject to division (B) of this section, the department	82949
may do both of the following under the care management system:	82950

(1) Require or permit participants in the system to obtain	82951
health care services from providers designated by the department;	82952

(2) Require or permit participants in the system to obtain	82953
health care services through managed care organizations under	82954
contract with the department pursuant to section 5111.17 of the	82955
Revised Code.	82956

~~(D)~~(E)(1) The department shall prepare an annual report on	82957
the care management system. The report shall address the	82958
department's ability to implement the system, including all of the	82959
following components:	82960

(a) The required designation of participants included in the	82961
category identified by the department as covered families and	82962
children;	82963

(b) The required designation of participants included in the	82964
aged, blind, or disabled category of medicaid recipients;	82965

82966

(2) The department shall submit each annual report to the	82967
general assembly. The first report shall be submitted not later	82968
than October 1, 2007.	82969

~~(E)~~(F) The director of job and family services may adopt	82970
rules in accordance with Chapter 119. of the Revised Code to	82971
implement this section.	82972

Sec. 5111.161. (A) This section applies if the department of	82973
job and family services includes in the care management system,	82974
pursuant to section 5111.16 of the Revised Code, individuals who	82975
are under twenty-one years of age and are included in the category	82976
of individuals who receive medicaid on the basis of being aged,	82977
blind, or disabled, as specified in division (A)(2) of section	82978
5111.01 of the Revised Code.	82979

(B) For the purpose of developing a system for the provision	82980
of care management services to the individuals under twenty-one	82981
years of age specified in division (A) of this section, the	82982
department may do either or both of the following:	82983

(1) Enter into contracts with entities to serve as pediatric	82984
accountable care organizations;	82985

(2) Require that a managed care organization under contract	82986
with the department pursuant to section 5111.17 of the Revised	82987
Code enter into a subcontract with an entity to provide the care	82988
management services, subject to the entity meeting the	82989
subcontracting criteria established in rules adopted under this	82990
section.	82991

(C) On determining that an entity seeking a contract to serve	82992
as a pediatric accountable care organization meets the criteria	82993
established in rules adopted under this section, the department	82994
may contract with the entity to serve in that capacity. The	82995
department's determination of whether to enter into a contract	82996
with the entity shall be based on evidence or other documentation	82997
submitted by the entity, as required by the department under rules	82998
adopted under this section.	82999

The department's determination to refuse to enter into a	83000
contract with an entity may not be appealed. An entity that is	83001
denied a contract may seek another contract to serve as a	83002
pediatric accountable care organization, but not earlier than six	83003
months after the most recent contract denial.	83004

(D) The department shall adopt rules as necessary to	83005
implement this section. The rules shall be adopted in accordance	83006
with Chapter 119. of the Revised Code. In adopting the rules, the	83007
department shall specify the following:	83008

(1) The minimum criteria that an entity must meet to qualify	83009
for a contract with the department to serve as a pediatric	83010
accountable care organization, including criteria that	83011
incorporates the minimum criteria established by federal law;	83012

(2) The evidence or other documentation that an entity must	83013
submit to the department when seeking a contract to serve as an	83014
accountable care organization;	83015

(3) The minimum criteria that an entity must meet to qualify	83016
for a subcontract with a managed care organization to provide care	83017
management services to the individuals under twenty-one years of	83018
age specified in division (A) of this section who are enrolled in	83019
the organization.	83020

(E) If the department does not adopt rules under division (D)	83021
of this section on or before July 1, 2012, both of the following	83022
apply until the department adopts those rules:	83023

(1) Each managed care organization under contract with the	83024
department pursuant to section 5111.17 of the Revised Code shall	83025
subcontract with an entity the organization selects to provide	83026
care management services for the individuals specified in division	83027
(A) of this section under twenty-one years of age who are enrolled	83028
in the organization;	83029

(2) The entity shall accept from the organization, as payment	83030
in full for providing the care management services, the same	83031
amount that the department would reimburse a provider for	83032
providing the care management services to a medicaid recipient who	83033
is not enrolled in a managed care organization.	83034

Sec. 5111.162. (A) As used in this section:

83035

(1) "Emergency services" has the same meaning as in section	83036
1932(b)(2) of the "Social Security Act," 79 Stat. 286 (1965), 42	83037
U.S.C. 1396u-2(b)(2), as amended.	83038

(2) "Medicaid managed care organization" means a managed care	83039
organization that has entered into a contract with the department	83040
of job and family services pursuant to section 5111.17 of the	83041
Revised Code.	83042

(3) "Hospital" has the same meaning as in section 3727.01 of	83043
the Revised Code.	83044

(4) "Hospital system" means one or more hospitals owned or	83045
controlled by the same organization for the purposes of	83046
coordinating and delivering health services within a geographic	83047
area selected by the organization.	83048

(5) "Hospital system provider" means a health care provider	83049
that is employed, owned, leased, managed, or otherwise controlled	83050
by a hospital system, including a physician, a business entity	83051
under which one or more physicians practice, a provider of	83052
ancillary health services, and any other type of provider	83053
specified in rules adopted under this section.	83054

(B) ~~Except as provided in division (C) of this section, when~~	83055
~~a participant in the care management system established under~~	83056
~~section 5111.16 of the Revised Code is enrolled in a medicaid~~	83057
~~managed care organization and the organization refers the~~	83058
~~participant to receive services, other than emergency services~~	83059
~~provided on or after January 1, 2007, at a hospital that~~	83060
~~participates in the medicaid program but is not under contract~~	83061
~~with the organization, the hospital shall provide the service for~~	83062
~~which the referral was made and shall accept from the~~	83063
~~organization, as payment in full, the amount derived from the~~	83064
~~reimbursement rate used by the department to reimburse other~~	83065
~~hospitals of the same type for providing the same service to a~~	83066
~~medicaid recipient who is not enrolled in a medicaid managed care~~	83067
~~organization.~~	83068

~~(C) A hospital is not subject to division (B) of this section~~	83069
~~if all of the following are the case:~~	83070

~~(1) The hospital is located in a county in which participants~~	83071
~~in the care management system are required before January 1, 2006,~~	83072
~~to be enrolled in a medicaid managed care organization that is a~~	83073
~~health insuring corporation;~~	83074

~~(2) The hospital has entered into a contract before January~~	83075
~~1, 2006, with at least one health insuring corporation serving the~~	83076
~~participants specified in division (C)(1) of this section;~~	83077

~~(3) The hospital remains under contract with at least one~~	83078
~~health insuring corporation serving participants in the care~~	83079
~~management system who are required to be enrolled in a health~~	83080
~~insuring corporation.~~	83081

~~(D) The director of job and family services shall adopt rules~~	83082
~~specifying the circumstances under which a medicaid managed care~~	83083
~~organization is permitted to refer a participant in the care~~	83084
~~management system to a hospital that is not under contract with~~	83085
~~the organization. The~~If a hospital or hospital system provider	83086
participates in the medicaid program but is not under contract	83087
with a particular medicaid managed care organization, all of the	83088
following apply with respect to that managed care organization and	83089
that hospital or hospital system provider:	83090

(1) When the organization authorizes a service or services to	83091
be provided to an individual who is enrolled in the organization	83092
as a participant in the care management system established under	83093
section 5111.16 of the Revised Code, the hospital or hospital	83094
system provider shall provide to the individual the service or	83095
services authorized by the organization, including inpatient and	83096
outpatient services, as long as the service or services are	83097
medically necessary and covered by medicaid.	83098

(2) Except as provided in division (B)(3) of this section,	83099
the hospital or hospital system provider shall accept from the	83100
organization, as payment in full for providing the authorized	83101
service or services, the same amount that the department of job	83102
and family services would reimburse the hospital or hospital	83103
system provider for providing the authorized service or services	83104
to a medicaid recipient who is not enrolled in a medicaid managed	83105
care organization.	83106

(3) Emergency services provided to the individual are subject	83107
to reimbursement under section 5111.163 of the Revised Code.	83108

(C) The director of job and family services may adopt ~~any~~	83109
~~other~~ rules as necessary to implement this section. All rules	83110
adopted under this section shall be adopted in accordance with	83111
Chapter 119. of the Revised Code.	83112

Sec. 5111.17. (A) The department of job and family services	83113
may enter into contracts with managed care organizations,	83114
including health insuring corporations, under which the	83115
organizations are authorized to provide, or arrange for the	83116
provision of, health care services to medical assistance	83117
recipients who are required or permitted to obtain health care	83118
services through managed care organizations as part of the care	83119
management system established under section 5111.16 of the Revised	83120
Code.	83121

(B) The department or its actuary shall base the hospital	83122
inpatient capital payment portion of the payment made to managed	83123
care organizations on data for services provided to all recipients	83124
enrolled in managed care organizations with which the department	83125
contracts, as reported by hospitals on relevant cost reports	83126
submitted pursuant to rules adopted under this section.	83127

(C) The director of job and family services may adopt rules	83128
in accordance with Chapter 119. of the Revised Code to implement	83129
this section.	83130

~~(C)~~(D) The department of job and family services shall allow	83131
a managed care ~~plans~~organization to use providers to render care	83132
upon completion of the managed care ~~plan's~~organization's	83133
credentialing process.	83134

Sec. 5111.172. (A) When contracting under section 5111.17 of	83135
the Revised Code with a managed care organization that is a health	83136
insuring corporation, the department of job and family services	83137
~~may~~shall require the health insuring corporation to provide	83138
coverage of prescription drugs for medicaid recipients enrolled in	83139
the health insuring corporation. In providing the required	83140
coverage, the health insuring corporation may, subject to the	83141
department's approval and the limitations specified in division	83142
(B) of this section, use strategies for the management of drug	83143
utilization.	83144

(B) The department shall not permit a health insuring	83145
corporation to impose a prior authorization requirement in the	83146
case of a drug to which all of the following apply:	83147

(1) The drug is an antidepressant or antipsychotic.

83148

(2) The drug is administered or dispensed in a standard	83149
tablet or capsule form, except that in the case of an	83150
antipsychotic, the drug also may be administered or dispensed in a	83151
long-acting injectable form.	83152

(3) The drug is prescribed by a physician whom the health	83153
insuring corporation, pursuant to division (C) of section 5111.17	83154
of the Revised Code, has credentialed to provide care as a	83155
psychiatrist.	83156

(4) The drug is prescribed for a use that is indicated on the	83157
drug's labeling, as approved by the federal food and drug	83158
administration.	83159

(C) As used in this division, "controlled substance" has the	83160
same meaning as in section 3719.01 of the Revised Code.	83161

IfThe department shall permit a health insuring corporation	83162
~~is required under this section to provide coverage of prescription~~	83163
~~drugs, the department shall permit the health insuring corporation~~	83164
to develop and implement a pharmacy utilization management program	83165
under which prior authorization through the program is established	83166
as a condition of obtaining a controlled substance pursuant to a	83167
prescription. The program may include processes for requiring	83168
medicaid recipients at high risk for fraud or abuse involving	83169
controlled substances to have their prescriptions for controlled	83170
substances filled by a pharmacy, medical provider, or health care	83171
facility designated by the program.	83172

Sec. 5111.179. (A) The department of job and family services	83173
shall establish a managed care performance payment program. Under	83174
the program, the department may provide payments to managed care	83175
organizations under contract with the department pursuant to	83176
section 5111.17 of the Revised Code that meet performance	83177
standards established by the department.	83178

In establishing performance standards, the department shall	83179
use the most recent healthcare effectiveness data and information	83180
set and quality measurement tool established by the national	83181
committee for quality assurance.	83182

The standards that must be met to receive the payments may be	83183
specified in the contract the department enters into with a	83184
managed care organization.	83185

If a managed care organization meets the performance	83186
standards established by the department, the department shall make	83187
one or more performance payments to the organization. The number	83188
of payments and the schedule for making the payments shall be	83189
established by the department. The payments shall be discontinued	83190
if the department determines that the organization no longer meets	83191
the performance standards. The department shall not make or	83192
discontinue payments based on any performance standard that has	83193
been in effect as part of the organization's contract for less	83194
than six months.	83195

(B) For purposes of the program, the department shall	83196
establish an amount that is to be withheld each time a premium	83197
payment is made to a managed care organization. The amount shall	83198
be established as a percentage of each premium payment. The	83199
percentage shall be the same for all managed care organizations	83200
under contract with the department. The sum of all withholdings	83201
under this division shall not exceed one per cent of the total of	83202
all premium payments made to all managed care organizations under	83203
contract with the department.	83204

Each managed care organization shall agree to the withholding	83205
as a condition of receiving or maintaining its medicaid provider	83206
agreement with the department.	83207

When the amount is established and each time the amount is	83208
modified thereafter, the department shall certify the amount to	83209
the director of budget and management and begin withholding the	83210
amount from each premium the department pays to a managed care	83211
organization.	83212

(C) There is hereby created in the state treasury the managed	83213
care performance payment fund. The fund shall consist of amounts	83214
transferred to it by the director of budget and management for the	83215
purpose of the program. All investment earnings of the fund shall	83216
be credited to the fund. Amounts in the fund shall be used solely	83217
to make performance payments to managed care organizations in	83218
accordance with this section.	83219

(D) The department may adopt rules as necessary to implement	83220
this section. The rules shall be adopted in accordance with	83221
Chapter 119. of the Revised Code.	83222

Sec. 5111.20. As used in sections 5111.20 to ~~5111.34~~5111.33	83223
of the Revised Code:	83224

(A) "Allowable costs" are those costs determined by the	83225
department of job and family services to be reasonable and do not	83226
include fines paid under sections 5111.35 to 5111.61 and section	83227
5111.99 of the Revised Code.	83228

(B) "Ancillary and support costs" means all reasonable costs	83229
incurred by a nursing facility other than direct care costs or	83230
capital costs. "Ancillary and support costs" includes, but is not	83231
limited to, costs of activities, social services, pharmacy	83232
consultants, habilitation supervisors, qualified mental	83233
retardation professionals, program directors, medical and	83234
habilitation records, program supplies, incontinence supplies,	83235
food, enterals, dietary supplies and personnel, laundry,	83236
housekeeping, security, administration, medical equipment,	83237
utilities, liability insurance, bookkeeping, purchasing	83238
department, human resources, communications, travel, dues, license	83239
fees, subscriptions, home office costs not otherwise allocated,	83240
legal services, accounting services, minor equipment, wheelchairs,	83241
resident transportation, maintenance and repairs, help-wanted	83242
advertising, informational advertising, start-up costs,	83243
organizational expenses, other interest, property insurance,	83244
employee training and staff development, employee benefits,	83245
payroll taxes, and workers' compensation premiums or costs for	83246
self-insurance claims and related costs as specified in rules	83247
adopted by the director of job and family services under section	83248
5111.02 of the Revised Code, for personnel listed in this	83249
division. "Ancillary and support costs" also means the cost of	83250
equipment, including vehicles, acquired by operating lease	83251
executed before December 1, 1992, if the costs are reported as	83252
administrative and general costs on the facility's cost report for	83253
the cost reporting period ending December 31, 1992.	83254

(C) "Capital costs" means costs of ownership and, in the case	83255
of an intermediate care facility for the mentally retarded, costs	83256
of nonextensive renovation.	83257

(1) "Cost of ownership" means the actual expense incurred for	83258
all of the following:	83259

(a) Depreciation and interest on any capital assets that cost	83260
five hundred dollars or more per item, including the following:	83261

(i) Buildings;

83262

(ii) Building improvements that are not approved as	83263
nonextensive renovations under section 5111.251 of the Revised	83264
Code;	83265

(iii) Except as provided in division (B) of this section,	83266
equipment;	83267

(iv) In the case of an intermediate care facility for the	83268
mentally retarded, extensive renovations;	83269

(v) Transportation equipment.

83270

(b) Amortization and interest on land improvements and	83271
leasehold improvements;	83272

83273

(d) Except as provided in division (K) of this section, lease	83274
and rent of land, building, and equipment.	83275

The costs of capital assets of less than five hundred dollars	83276
per item may be considered capital costs in accordance with a	83277
provider's practice.	83278

(2) "Costs of nonextensive renovation" means the actual	83279
expense incurred by an intermediate care facility for the mentally	83280
retarded for depreciation or amortization and interest on	83281
renovations that are not extensive renovations.	83282

(D) "Capital lease" and "operating lease" shall be construed	83283
in accordance with generally accepted accounting principles.	83284

(E) "Case-mix score" means the measure determined under	83285
section 5111.232 of the Revised Code of the relative direct-care	83286
resources needed to provide care and habilitation to a resident of	83287
a nursing facility or intermediate care facility for the mentally	83288
retarded.	83289

(F)(1) "Date of licensure," for a facility originally	83290
licensed as a nursing home under Chapter 3721. of the Revised	83291
Code, means the date specific beds were originally licensed as	83292
nursing home beds under that chapter, regardless of whether they	83293
were subsequently licensed as residential facility beds under	83294
section 5123.19 of the Revised Code. For a facility originally	83295
licensed as a residential facility under section 5123.19 of the	83296
Revised Code, "date of licensure" means the date specific beds	83297
were originally licensed as residential facility beds under that	83298
section.	83299

If nursing home beds licensed under Chapter 3721. of the	83300
Revised Code or residential facility beds licensed under section	83301
5123.19 of the Revised Code were not required by law to be	83302
licensed when they were originally used to provide nursing home or	83303
residential facility services, "date of licensure" means the date	83304
the beds first were used to provide nursing home or residential	83305
facility services, regardless of the date the present provider	83306
obtained licensure.	83307

If a facility adds nursing home beds or residential facility	83308
beds or extensively renovates all or part of the facility after	83309
its original date of licensure, it will have a different date of	83310
licensure for the additional beds or extensively renovated portion	83311
of the facility, unless the beds are added in a space that was	83312
constructed at the same time as the previously licensed beds but	83313
was not licensed under Chapter 3721. or section 5123.19 of the	83314
Revised Code at that time.	83315

(2) The definition of "date of licensure" in this section	83316
applies in determinations of the medicaid reimbursement rate for a	83317
nursing facility or intermediate care facility for the mentally	83318
retarded but does not apply in determinations of the franchise	83319
permit fee for a nursing facility or intermediate care facility	83320
for the mentally retarded.	83321

(G) "Desk-reviewed" means that costs as reported on a cost	83322
report submitted under section 5111.26 of the Revised Code have	83323
been subjected to a desk review under division (A) of section	83324
5111.27 of the Revised Code and preliminarily determined to be	83325
allowable costs.	83326

(H) "Direct care costs" means all of the following:

83327

(1)(a) Costs for registered nurses, licensed practical	83328
nurses, and nurse aides employed by the facility;	83329

(b) Costs for direct care staff, administrative nursing	83330
staff, medical directors, respiratory therapists, and except as	83331
provided in division (H)(2) of this section, other persons holding	83332
degrees qualifying them to provide therapy;	83333

83334

(d) Costs of quality assurance;

83335

(e) Costs of training and staff development, employee	83336
benefits, payroll taxes, and workers' compensation premiums or	83337
costs for self-insurance claims and related costs as specified in	83338
rules adopted by the director of job and family services in	83339
accordance with Chapter 119. of the Revised Code, for personnel	83340
listed in divisions (H)(1)(a), (b), and (d) of this section;	83341

(f) Costs of consulting and management fees related to direct	83342
care;	83343

(g) Allocated direct care home office costs.

83344

(2) In addition to the costs specified in division (H)(1) of	83345
this section, for nursing facilities only, direct care costs	83346
include costs of habilitation staff (other than habilitation	83347
supervisors), medical supplies, oxygen, over-the-counter pharmacy	83348
products, physical therapists, physical therapy assistants,	83349
occupational therapists, occupational therapy assistants, speech	83350
therapists, audiologists, habilitation supplies, and universal	83351
precautions supplies.	83352

(3) In addition to the costs specified in division (H)(1) of	83353
this section, for intermediate care facilities for the mentally	83354
retarded only, direct care costs include both of the following:	83355

(a) Costs for physical therapists and physical therapy	83356
assistants, occupational therapists and occupational therapy	83357
assistants, speech therapists, audiologists, habilitation staff	83358
(including habilitation supervisors), qualified mental retardation	83359
professionals, program directors, social services staff,	83360
activities staff, off-site day programming, psychologists and	83361
psychology assistants, and social workers and counselors;	83362

(b) Costs of training and staff development, employee	83363
benefits, payroll taxes, and workers' compensation premiums or	83364
costs for self-insurance claims and related costs as specified in	83365
rules adopted under section 5111.02 of the Revised Code, for	83366
personnel listed in division (H)(3)(a) of this section.	83367

(4) Costs of other direct-care resources that are specified	83368
as direct care costs in rules adopted under section 5111.02 of the	83369
Revised Code.	83370

(I) "Fiscal year" means the fiscal year of this state, as	83371
specified in section 9.34 of the Revised Code.	83372

(J) "Franchise permit fee" means the following:

83373

(1) In the context of nursing facilities, the fee imposed by	83374
sections 3721.50 to 3721.58 of the Revised Code;	83375

(2) In the context of intermediate care facilities for the	83376
mentally retarded, the fee imposed by sections 5112.30 to 5112.39	83377
of the Revised Code.	83378

(K) "Indirect care costs" means all reasonable costs incurred	83379
by an intermediate care facility for the mentally retarded other	83380
than direct care costs, other protected costs, or capital costs.	83381
"Indirect care costs" includes but is not limited to costs of	83382
habilitation supplies, pharmacy consultants, medical and	83383
habilitation records, program supplies, incontinence supplies,	83384
food, enterals, dietary supplies and personnel, laundry,	83385
housekeeping, security, administration, liability insurance,	83386
bookkeeping, purchasing department, human resources,	83387
communications, travel, dues, license fees, subscriptions, home	83388
office costs not otherwise allocated, legal services, accounting	83389
services, minor equipment, maintenance and repairs, help-wanted	83390
advertising, informational advertising, start-up costs,	83391
organizational expenses, other interest, property insurance,	83392
employee training and staff development, employee benefits,	83393
payroll taxes, and workers' compensation premiums or costs for	83394
self-insurance claims and related costs as specified in rules	83395
adopted under section 5111.02 of the Revised Code, for personnel	83396
listed in this division. Notwithstanding division (C)(1) of this	83397
section, "indirect care costs" also means the cost of equipment,	83398
including vehicles, acquired by operating lease executed before	83399
December 1, 1992, if the costs are reported as administrative and	83400
general costs on the facility's cost report for the cost reporting	83401
period ending December 31, 1992.	83402

(L) "Inpatient days" means all days during which a resident,	83403
regardless of payment source, occupies a bed in a nursing facility	83404
or intermediate care facility for the mentally retarded that is	83405
included in the facility's certified capacity under Title XIX.	83406
Therapeutic or hospital leave days for which payment is made under	83407
section 5111.33 of the Revised Code are considered inpatient days	83408
proportionate to the percentage of the facility's per resident per	83409
day rate paid for those days.	83410

(M) "Intermediate care facility for the mentally retarded"	83411
means an intermediate care facility for the mentally retarded	83412
certified as in compliance with applicable standards for the	83413
medicaid program by the director of health in accordance with	83414
Title XIX.	83415

(N) "Maintenance and repair expenses" means, except as	83416
provided in division (BB)(2) of this section, expenditures that	83417
are necessary and proper to maintain an asset in a normally	83418
efficient working condition and that do not extend the useful life	83419
of the asset two years or more. "Maintenance and repair expenses"	83420
includes but is not limited to the cost of ordinary repairs such	83421
as painting and wallpapering.	83422

(O) "Medicaid days" means all days during which a resident	83423
who is a ~~Medicaid~~medicaid recipient eligible for nursing facility	83424
services occupies a bed in a nursing facility that is included in	83425
the nursing facility's certified capacity under Title XIX.	83426
Therapeutic or hospital leave days for which payment is made under	83427
section 5111.33 of the Revised Code are considered ~~Medicaid~~	83428
medicaid days proportionate to the percentage of the nursing	83429
facility's per resident per day rate paid for those days.	83430

(P) "Nursing facility" means a facility, or a distinct part	83431
of a facility, that is certified as a nursing facility by the	83432
director of health in accordance with Title XIX and is not an	83433
intermediate care facility for the mentally retarded. "Nursing	83434
facility" includes a facility, or a distinct part of a facility,	83435
that is certified as a nursing facility by the director of health	83436
in accordance with Title XIX and is certified as a skilled nursing	83437
facility by the director in accordance with Title XVIII.	83438

(Q) "Operator" means the person or government entity	83439
responsible for the daily operating and management decisions for a	83440
nursing facility or intermediate care facility for the mentally	83441
retarded.	83442

(R) "Other protected costs" means costs incurred by an	83443
intermediate care facility for the mentally retarded for medical	83444
supplies; real estate, franchise, and property taxes; natural gas,	83445
fuel oil, water, electricity, sewage, and refuse and hazardous	83446
medical waste collection; allocated other protected home office	83447
costs; and any additional costs defined as other protected costs	83448
in rules adopted under section 5111.02 of the Revised Code.	83449

(S)(1) "Owner" means any person or government entity that has	83450
at least five per cent ownership or interest, either directly,	83451
indirectly, or in any combination, in any of the following	83452
regarding a nursing facility or intermediate care facility for the	83453
mentally retarded:	83454

(a) The land on which the facility is located;

83455

(b) The structure in which the facility is located;

83456

(c) Any mortgage, contract for deed, or other obligation	83457
secured in whole or in part by the land or structure on or in	83458
which the facility is located;	83459

(d) Any lease or sublease of the land or structure on or in	83460
which the facility is located.	83461

(2) "Owner" does not mean a holder of a debenture or bond	83462
related to the nursing facility or intermediate care facility for	83463
the mentally retarded and purchased at public issue or a regulated	83464
lender that has made a loan related to the facility unless the	83465
holder or lender operates the facility directly or through a	83466
subsidiary.	83467

(T) "Patient" includes "resident."

83468

(U) Except as provided in divisions (U)(1) and (2) of this	83469
section, "per diem" means a nursing facility's or intermediate	83470
care facility for the mentally retarded's actual, allowable costs	83471
in a given cost center in a cost reporting period, divided by the	83472
facility's inpatient days for that cost reporting period.	83473

(1) When calculating indirect care costs for the purpose of	83474
establishing rates under section 5111.241 of the Revised Code,	83475
"per diem" means an intermediate care facility for the mentally	83476
retarded's actual, allowable indirect care costs in a cost	83477
reporting period divided by the greater of the facility's	83478
inpatient days for that period or the number of inpatient days the	83479
facility would have had during that period if its occupancy rate	83480
had been eighty-five per cent.	83481

(2) When calculating capital costs for the purpose of	83482
establishing rates under section 5111.251 of the Revised Code,	83483
"per diem" means a facility's actual, allowable capital costs in a	83484
cost reporting period divided by the greater of the facility's	83485
inpatient days for that period or the number of inpatient days the	83486
facility would have had during that period if its occupancy rate	83487
had been ninety-five per cent.	83488

(V) "Provider" means an operator with a provider agreement.

83489

(W) "Provider agreement" means a contract between the	83490
department of job and family services and the operator of a	83491
nursing facility or intermediate care facility for the mentally	83492
retarded for the provision of nursing facility services or	83493
intermediate care facility services for the mentally retarded	83494
under the medicaid program.	83495

(X) "Purchased nursing services" means services that are	83496
provided in a nursing facility by registered nurses, licensed	83497
practical nurses, or nurse aides who are not employees of the	83498
facility.	83499

(Y) "Reasonable" means that a cost is an actual cost that is	83500
appropriate and helpful to develop and maintain the operation of	83501
patient care facilities and activities, including normal standby	83502
costs, and that does not exceed what a prudent buyer pays for a	83503
given item or services. Reasonable costs may vary from provider to	83504
provider and from time to time for the same provider.	83505

(Z) "Related party" means an individual or organization that,	83506
to a significant extent, has common ownership with, is associated	83507
or affiliated with, has control of, or is controlled by, the	83508
provider.	83509

(1) An individual who is a relative of an owner is a related	83510
party.	83511

(2) Common ownership exists when an individual or individuals	83512
possess significant ownership or equity in both the provider and	83513
the other organization. Significant ownership or equity exists	83514
when an individual or individuals possess five per cent ownership	83515
or equity in both the provider and a supplier. Significant	83516
ownership or equity is presumed to exist when an individual or	83517
individuals possess ten per cent ownership or equity in both the	83518
provider and another organization from which the provider	83519
purchases or leases real property.	83520

(3) Control exists when an individual or organization has the	83521
power, directly or indirectly, to significantly influence or	83522
direct the actions or policies of an organization.	83523

(4) An individual or organization that supplies goods or	83524
services to a provider shall not be considered a related party if	83525
all of the following conditions are met:	83526

(a) The supplier is a separate bona fide organization.

83527

(b) A substantial part of the supplier's business activity of	83528
the type carried on with the provider is transacted with others	83529
than the provider and there is an open, competitive market for the	83530
types of goods or services the supplier furnishes.	83531

(c) The types of goods or services are commonly obtained by	83532
other nursing facilities or intermediate care facilities for the	83533
mentally retarded from outside organizations and are not a basic	83534
element of patient care ordinarily furnished directly to patients	83535
by the facilities.	83536

(d) The charge to the provider is in line with the charge for	83537
the goods or services in the open market and no more than the	83538
charge made under comparable circumstances to others by the	83539
supplier.	83540

(AA) "Relative of owner" means an individual who is related	83541
to an owner of a nursing facility or intermediate care facility	83542
for the mentally retarded by one of the following relationships:	83543

(1) Spouse;

83544

(2) Natural parent, child, or sibling;

83545

(3) Adopted parent, child, or sibling;

83546

(4) Stepparent, stepchild, stepbrother, or stepsister;

83547

(5) Father-in-law, mother-in-law, son-in-law,	83548
daughter-in-law, brother-in-law, or sister-in-law;	83549

(6) Grandparent or grandchild;

83550

(7) Foster caregiver, foster child, foster brother, or foster	83551
sister.	83552

(BB) "Renovation" and "extensive renovation" mean:

83553

(1) Any betterment, improvement, or restoration of an	83554
intermediate care facility for the mentally retarded started	83555
before July 1, 1993, that meets the definition of a renovation or	83556
extensive renovation established in rules adopted by the director	83557
of job and family services in effect on December 22, 1992.	83558

(2) In the case of betterments, improvements, and	83559
restorations of intermediate care facilities for the mentally	83560
retarded started on or after July 1, 1993:	83561

(a) "Renovation" means the betterment, improvement, or	83562
restoration of an intermediate care facility for the mentally	83563
retarded beyond its current functional capacity through a	83564
structural change that costs at least five hundred dollars per	83565
bed. A renovation may include betterment, improvement,	83566
restoration, or replacement of assets that are affixed to the	83567
building and have a useful life of at least five years. A	83568
renovation may include costs that otherwise would be considered	83569
maintenance and repair expenses if they are an integral part of	83570
the structural change that makes up the renovation project.	83571
"Renovation" does not mean construction of additional space for	83572
beds that will be added to a facility's licensed or certified	83573
capacity.	83574

(b) "Extensive renovation" means a renovation that costs more	83575
than sixty-five per cent and no more than eighty-five per cent of	83576
the cost of constructing a new bed and that extends the useful	83577
life of the assets for at least ten years.	83578

For the purposes of division (BB)(2) of this section, the	83579
cost of constructing a new bed shall be considered to be forty	83580
thousand dollars, adjusted for the estimated rate of inflation	83581
from January 1, 1993, to the end of the calendar year during which	83582
the renovation is completed, using the consumer price index for	83583
shelter costs for all urban consumers for the north central	83584
region, as published by the United States bureau of labor	83585
statistics.	83586

The department of job and family services may treat a	83587
renovation that costs more than eighty-five per cent of the cost	83588
of constructing new beds as an extensive renovation if the	83589
department determines that the renovation is more prudent than	83590
construction of new beds.	83591

(CC) "Title XIX" means Title XIX of the "Social Security	83592
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended.	83593

(DD) "Title XVIII" means Title XVIII of the "Social Security	83594
Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.	83595

Sec. 5111.21. (A) In order to be eligible for medicaid	83596
payments, the operator of a nursing facility or intermediate care	83597
facility for the mentally retarded shall do all of the following:	83598

(1) Enter into a provider agreement with the department as	83599
provided in section 5111.22, 5111.671, or 5111.672 of the Revised	83600
Code;	83601

(2) Apply for and maintain a valid license to operate if so	83602
required by law;	83603

(3) Subject to division (B) of this section, comply with all	83604
applicable state and federal laws and rules.	83605

(B) A state rule that requires the operator of an	83606
intermediate care facility for the mentally retarded to have	83607
received approval of a plan for the proposed facility pursuant to	83608
section 5123.042 of the Revised Code as a condition of the	83609
operator being eligible for medicaid payments for the facility	83610
does not apply if, under former section 5123.193 of the Revised	83611
Code as enacted by Am. Sub. H.B. 1 of the 128th general assembly	83612
or section 5123.197 of the Revised Code, a residential facility	83613
license was obtained or modified for the facility without	83614
obtaining approval of such a plan.	83615

(C)(1) Except as provided in division (C)(2) of this section,	83616
the operator of a nursing facility that elects to obtain and	83617
maintain eligibility for payments under the medicaid program shall	83618
qualify all of the facility's medicaid-certified beds in the	83619
medicare program established by Title XVIII. The director of job	83620
and family services may adopt rules under section 5111.02 of the	83621
Revised Code to establish the time frame in which a nursing	83622
facility must comply with this requirement.	83623

(2) The department of veterans services is not required to	83624
qualify all of the medicaid-certified beds in a nursing facility	83625
the agency maintains and operates under section 5907.01 of the	83626
Revised Code in the medicare program.	83627

Sec. 5111.211. (A) Except as provided in division (C) of	83628
this section, the department of developmental disabilities is	83629
responsible for the nonfederal share of claims submitted for	83630
services that are covered by the medicaid program and provided to	83631
an eligible medicaid recipient by an intermediate care facility	83632
for the mentally retarded if all of the following are the case:	83633

(1) The services are provided on or after July 1, 2003;

83634

(2) The facility receives initial certification by the	83635
director of health as an intermediate care facility for the	83636
mentally retarded on or after June 1, 2003;	83637

(3) The facility, or a portion of the facility, is licensed	83638
by the director of developmental disabilities as a residential	83639
facility under section 5123.19 of the Revised Code;	83640

(4) There is a valid provider agreement for the facility.

83641

(B) Each month, the department of job and family services	83642
shall invoice the department of developmental disabilities by	83643
interagency transfer voucher for the claims for which the	83644
department of developmental disabilities is responsible pursuant	83645
to this section.	83646

(C) Division (A) of this section does not apply to claims	83647
submitted for an intermediate care facility for the mentally	83648
retarded if, under former section 5123.193 of the Revised Code as	83649
enacted by Am. Sub. H.B. 1 of the 128th general assembly or	83650
section 5123.197 of the Revised Code, a residential facility	83651
license was obtained or modified for the facility without	83652
obtaining approval of a plan for the proposed residential facility	83653
pursuant to section 5123.042 of the Revised Code.	83654

Sec. 5111.222. (A) Except as otherwise provided by sections	83655
5111.20 to 5111.33 of the Revised Code and by division (B) of this	83656
section, the payments that the department of job and family	83657
services shall agree to make to the provider of a nursing facility	83658
pursuant to a provider agreement shall equal the sum of all of the	83659
following:	83660

(1) The rate for direct care costs determined for the nursing	83661
facility under section 5111.231 of the Revised Code;	83662

(2) The rate for ancillary and support costs determined for	83663
the nursing facility's ancillary and support cost peer group under	83664
section 5111.24 of the Revised Code;	83665

(3) The rate for tax costs determined for the nursing	83666
facility under section 5111.242 of the Revised Code;	83667

(4) ~~The rate for franchise permit fees determined for the~~	83668
~~nursing facility under section 5111.243 of the Revised Code;~~	83669

~~(5)~~ The quality incentive payment, if any, paid to the	83670
nursing facility under section 5111.244 of the Revised Code;	83671

~~(6)~~(5) The ~~median~~ rate for capital costs determined for the	83672
~~nursing facilities in the~~ nursing facility's capital costs peer	83673
group ~~as determined~~ under section 5111.25 of the Revised Code.	83674

(B) The department shall adjust the rates otherwise	83675
determined under ~~divisions~~division (A)~~(1), (2), (3), and (6)~~ of	83676
this section as directed by the general assembly through the	83677
enactment of law governing medicaid payments to providers of	83678
nursing facilities, including any law that ~~does either of the~~	83679
~~following:~~	83680

~~(1) Establishes~~establishes factors by which the rates are to	83681
be adjusted;	83682

~~(2) Establishes a methodology for phasing in the rates~~	83683
~~determined for fiscal year 2006 under uncodified law the general~~	83684
~~assembly enacts to rates determined for subsequent fiscal years~~	83685
~~under sections 5111.20 to 5111.33 of the Revised Code~~.	83686

Sec. 5111.224. (A) Except as otherwise provided by sections	83687
5111.20 to 5111.33 of the Revised Code and by division (B) of this	83688
section, the payments that the department of job and family	83689
services shall agree to make to the provider of an intermediate	83690
care facility for the mentally retarded pursuant to a provider	83691
agreement shall equal the sum of all of the following:	83692

(1) The rate for direct care costs determined for the	83693
facility under section 5111.23 of the Revised Code;	83694

(2) The rate for other protected costs determined for the	83695
facility under section 5111.235 of the Revised Code;	83696

(3) The rate for indirect care costs determined for the	83697
facility under section 5111.241 of the Revised Code;	83698

(4) The rate for capital costs determined for the facility	83699
under section 5111.251 of the Revised Code.	83700

(B) The department shall adjust the total rate otherwise	83701
determined under division (A) of this section as directed by the	83702
general assembly through the enactment of law governing medicaid	83703
payments to providers of intermediate care facilities for the	83704
mentally retarded.	83705

Sec. 5111.225. (A) As used in this section:

83706

"Dual eligible individual" has the same meaning as in section	83707
1915(h)(2)(B) of the "Social Security Act," 124 Stat. 315 (2010),	83708
42 U.S.C. 1396n(h)(2)(B).	83709

"Medicaid maximum allowable amount" means one hundred per	83710
cent of a nursing facility's per diem rate for a medicaid day.	83711

(B) The department of job and family services shall pay the	83712
provider of a nursing facility the lesser of the following for	83713
nursing facility services the nursing facility provides on or	83714
after January 1, 2012, to a dual eligible individual who is	83715
eligible for nursing facility services under the medicaid program	83716
and post-hospital extended care services under Part A of Title	83717
XVIII:	83718

(1) The coinsurance amount for the services as provided under	83719
Part A of Title XVIII;	83720

(2) The medicaid maximum allowable amount for the services,	83721
less the amount paid under Part A of Title XVIII for the services.	83722

Sec. 5111.23. (A) The department of job and family services	83723
shall pay a provider for each of the provider's eligible	83724
intermediate care facilities for the mentally retarded a per	83725
resident per day rate for direct care costs established	83726
prospectively for each facility. The department shall establish	83727
each facility's rate for direct care costs quarterly.	83728

(B) Each facility's rate for direct care costs shall be based	83729
on the facility's cost per case-mix unit, subject to the maximum	83730
costs per case-mix unit established under division (B)(2) of this	83731
section, from the calendar year preceding the fiscal year in which	83732
the rate is paid. To determine the rate, the department shall do	83733
all of the following:	83734

(1) Determine each facility's cost per case-mix unit for the	83735
calendar year preceding the fiscal year in which the rate will be	83736
paid by dividing the facility's desk-reviewed, actual, allowable,	83737
per diem direct care costs for that year by its average case-mix	83738
score determined under section 5111.232 of the Revised Code for	83739
the same calendar year.	83740

(2)(a) Set the maximum cost per case-mix unit for each peer	83741
group of intermediate care facilities for the mentally retarded	83742
with more than eight beds specified in rules adopted under	83743
division ~~(E)~~(F) of this section at a percentage above the cost per	83744
case-mix unit of the facility in the group that has the group's	83745
median medicaid inpatient day for the calendar year preceding the	83746
fiscal year in which the rate will be paid, as calculated under	83747
division (B)(1) of this section, that is no less than the	83748
percentage calculated under division ~~(D)~~(E)(2) of this section.	83749

(b) Set the maximum cost per case-mix unit for each peer	83750
group of intermediate care facilities for the mentally retarded	83751
with eight or fewer beds specified in rules adopted under division	83752
~~(E)~~(F) of this section at a percentage above the cost per case-mix	83753
unit of the facility in the group that has the group's median	83754
medicaid inpatient day for the calendar year preceding the fiscal	83755
year in which the rate will be paid, as calculated under division	83756
(B)(1) of this section, that is no less than the percentage	83757
calculated under division ~~(D)~~(E)(3) of this section.	83758

(c) In calculating the maximum cost per case-mix unit under	83759
divisions (B)(2)(a) toand (b) of this section for each peer	83760
group, the department shall exclude from its calculations the cost	83761
per case-mix unit of any facility in the group that participated	83762
in the medicaid program under the same operator for less than	83763
twelve months during the calendar year preceding the fiscal year	83764
in which the rate will be paid.	83765

(3) Estimate the rate of inflation for the eighteen-month	83766
period beginning on the first day of July of the calendar year	83767
preceding the fiscal year in which the rate will be paid and	83768
ending on the thirty-first day of December of the fiscal year in	83769
which the rate will be paid, using the ~~employment cost~~ index ~~for~~	83770
~~total compensation, health services component, published by the~~	83771
~~United States bureau of labor statistics~~specified in division (C)	83772
of this section. If the estimated inflation rate for the	83773
eighteen-month period is different from the actual inflation rate	83774
for that period, as measured using the same index, the difference	83775
shall be added to or subtracted from the inflation rate estimated	83776
under division (B)(3) of this section for the following fiscal	83777
year.	83778

(4) The department shall not recalculate a maximum cost per	83779
case-mix unit under division (B)(2) of this section or a	83780
percentage under division ~~(D)~~(E) of this section based on	83781
additional information that it receives after the maximum costs	83782
per case-mix unit or percentages are set. The department shall	83783
recalculate a maximum cost per case-mix units or percentage only	83784
if it made an error in computing the maximum cost per case-mix	83785
unit or percentage based on information available at the time of	83786
the original calculation.	83787

(C) The department shall use the following index for the	83788
purpose of division (B)(3) of this section:	83789

(1) The employment cost index for total compensation, health	83790
services component, published by the United States bureau of labor	83791
statistics;	83792

(2) If the United States bureau of labor statistics ceases to	83793
publish the index specified in division (C)(1) of this section,	83794
the index that is subsequently published by the bureau and covers	83795
nursing facilities' staff costs.	83796

(D) Each facility's rate for direct care costs shall be	83797
determined as follows for each calendar quarter within a fiscal	83798
year:	83799

(1) Multiply the lesser of the following by the facility's	83800
average case-mix score determined under section 5111.232 of the	83801
Revised Code for the calendar quarter that preceded the	83802
immediately preceding calendar quarter:	83803

(a) The facility's cost per case-mix unit for the calendar	83804
year preceding the fiscal year in which the rate will be paid, as	83805
determined under division (B)(1) of this section;	83806

(b) The maximum cost per case-mix unit established for the	83807
fiscal year in which the rate will be paid for the facility's peer	83808
group under division (B)(2) of this section;	83809

(2) Adjust the product determined under division ~~(C)~~(D)(1) of	83810
this section by the inflation rate estimated under division (B)(3)	83811
of this section.	83812

~~(D)~~(E)(1) The department shall calculate the percentage above	83813
the median cost per case-mix unit determined under division (B)(1)	83814
of this section for the facility that has the median medicaid	83815
inpatient day for calendar year 1992 for all intermediate care	83816
facilities for the mentally retarded with more than eight beds	83817
that would result in payment of all desk-reviewed, actual,	83818
allowable direct care costs for eighty and one-half per cent of	83819
the medicaid inpatient days for such facilities for calendar year	83820
1992.	83821

(2) The department shall calculate the percentage above the	83822
median cost per case-mix unit determined under division (B)(1) of	83823
this section for the facility that has the median medicaid	83824
inpatient day for calendar year 1992 for all intermediate care	83825
facilities for the mentally retarded with eight or fewer beds that	83826
would result in payment of all desk-reviewed, actual, allowable	83827
direct care costs for eighty and one-half per cent of the medicaid	83828
inpatient days for such facilities for calendar year 1992.	83829

~~(E)~~(F) The director of job and family services shall adopt	83830
rules under section 5111.02 of the Revised Code that specify peer	83831
groups of intermediate care facilities for the mentally retarded	83832
with more than eight beds and intermediate care facilities for the	83833
mentally retarded with eight or fewer beds, based on findings of	83834
significant per diem direct care cost differences due to geography	83835
and facility bed-size. The rules also may specify peer groups	83836
based on findings of significant per diem direct care cost	83837
differences due to other factors which may include case-mix.	83838

~~(F)~~(G) The department, in accordance with division (D) of	83839
section 5111.232 of the Revised Code and rules adopted under	83840
division ~~(E)~~(F) of that section, may assign case-mix scores or	83841
costs per case-mix unit if a provider fails to submit assessment	83842
data necessary to calculate an intermediate care facility for the	83843
mentally retarded's case-mix score in accordance with that	83844
section.	83845

Sec. 5111.231. (A) As used in this section~~, "applicable~~:

83846

(1) "Applicable calendar year" means the following:

83847

~~(1)~~(a) For the purpose of the department of job and family	83848
services' initial determination under division (D) of this section	83849
of each peer group's cost per case-mix unit, calendar year 2003;	83850

~~(2)~~(b) For the purpose of the department's ~~subsequent~~	83851
~~determinations under division (D) of this section of each peer~~	83852
~~group's cost per case-mix unit~~rebasings, the calendar year the	83853
department selects.	83854

(2) "Rebasing" means a redetermination under division (D) of	83855
this section of each peer groups' cost per case-mix unit using	83856
information from cost reports for an applicable calendar year that	83857
is later than the applicable calendar year used for the previous	83858
determination of such costs.	83859

(B) The department of job and family services shall pay a	83860
provider for each of the provider's eligible nursing facilities a	83861
per resident per day rate for direct care costs determined	83862
semiannually by multiplying the cost per case-mix unit determined	83863
under division (D) of this section for the facility's peer group	83864
by the facility's semiannual case-mix score determined under	83865
section 5111.232 of the Revised Code.	83866

(C) For the purpose of determining nursing facilities' rate	83867
for direct care costs, the department shall establish three peer	83868
groups.	83869

Each nursing facility located in any of the following	83870
counties shall be placed in peer group one: Brown, Butler,	83871
Clermont, Clinton, Hamilton, and Warren.	83872

Each nursing facility located in any of the following	83873
counties shall be placed in peer group two: Ashtabula, Champaign,	83874
Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette, Franklin,	83875
Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking, Lorain,	83876
Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow, Ottawa,	83877
Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit, Union,	83878
and Wood.	83879

Each nursing facility located in any of the following	83880
counties shall be placed in peer group three: Adams, Allen,	83881
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,	83882
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,	83883
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,	83884
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,	83885
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,	83886
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,	83887
Washington, Wayne, Williams, and Wyandot.	83888

(D)(1) ~~At least once every ten years, the~~The department	83889
shall determine a cost per case-mix unit for each peer group	83890
established under division (C) of this section. AThe department	83891
is not required to conduct a rebasing more than once every ten	83892
years. Except as necessary to implement the amendments made by	83893
this act to this section, the cost per case-mix unit determined	83894
under this division for a peer group shall be used for subsequent	83895
years until the department ~~redetermines it~~conducts a rebasing.	83896
To determine a peer group's cost per case-mix unit, the department	83897
shall do all of the following:	83898

(a) Determine the cost per case-mix unit for each nursing	83899
facility in the peer group for the applicable calendar year by	83900
dividing each facility's desk-reviewed, actual, allowable, per	83901
diem direct care costs for the applicable calendar year by the	83902
facility's annual average case-mix score determined under section	83903
5111.232 of the Revised Code for the applicable calendar year.;	83904

(b) Subject to division (D)(2) of this section, identify	83905
which nursing facility in the peer group is at the twenty-fifth	83906
percentile of the cost per case-mix units determined under	83907
division (D)(1)(a) of this section.;	83908

(c) ~~Calculate the amount that is seven per cent above the~~	83909
~~cost per case-mix unit determined under division (D)(1)(a) of this~~	83910
~~section for the nursing facility identified under division~~	83911
~~(D)(1)(b) of this section.~~	83912

~~(d) Multiply the amount calculated under division (D)(1)(c)~~	83913
~~of this section by~~Using the index specified in division (D)(3) of	83914
this section, multiply the rate of inflation for the	83915
eighteen-month period beginning on the first day of July of the	83916
applicable calendar year and ending the last day of December of	83917
the calendar year immediately following the applicable calendar	83918
year ~~using the following:~~	83919

~~(i) In the case of the initial calculation made under~~	83920
~~division (D)(1)(d) of this section, the employment cost index for~~	83921
~~total compensation, health services component, published by the~~	83922
~~United States bureau of labor statistics, as the index existed on~~	83923
~~July 1, 2005;~~	83924

~~(ii) In the case of subsequent calculations made under~~	83925
~~division (D)(1)(d) of this section and except as provided in~~	83926
~~division (D)(1)(d)(iii) of this section, the employment cost index~~	83927
~~for total compensation, nursing and residential care facilities~~	83928
~~occupational group, published by the United States bureau of labor~~	83929
~~statistics;~~	83930

~~(iii) If the United States bureau of labor statistics ceases~~	83931
~~to publish the index specified in division (D)(1)(d)(ii) of this~~	83932
~~section, the index the bureau subsequently publishes that covers~~	83933
~~nursing facilities' staff costs~~by the cost per case-mix unit	83934
determined under division (D)(1)(a) of this section for the	83935
nursing facility identified under division (D)(1)(b) of this	83936
section;	83937

(d) Until the first rebasing occurs, add one dollar and	83938
eighty-eight cents to the amount calculated under division	83939
(D)(1)(c) of this section.	83940

(2) In making the identification under division (D)(1)(b) of	83941
this section, the department shall exclude both of the following:	83942

(a) Nursing facilities that participated in the medicaid	83943
program under the same provider for less than twelve months in the	83944
applicable calendar year;	83945

(b) Nursing facilities whose cost per case-mix unit is more	83946
than one standard deviation from the mean cost per case-mix unit	83947
for all nursing facilities in the nursing facility's peer group	83948
for the applicable calendar year.	83949

(3) The following index shall be used for the purpose of the	83950
calculation made under division (D)(1)(c) of this section:	83951

(a) Until the first rebasing occurs, the employment cost	83952
index for total compensation, health services component, published	83953
by the United States bureau of labor statistics, as the index	83954
existed on July 1, 2005;	83955

(b) Effective with the first rebasing and except as provided	83956
in division (D)(3)(c) of this section, the employment cost index	83957
for total compensation, nursing and residential care facilities	83958
occupational group, published by the United States bureau of labor	83959
statistics;	83960

(c) If the United States bureau of labor statistics ceases to	83961
publish the index specified in division (D)(3)(b) of this section,	83962
the index the bureau subsequently publishes that covers nursing	83963
facilities' staff costs.	83964

(4) The department shall not redetermine a peer group's cost	83965
per case-mix unit under this division based on additional	83966
information that it receives after the peer group's per case-mix	83967
unit is determined. The department shall redetermine a peer	83968
group's cost per case-mix unit only if it made an error in	83969
determining the peer group's cost per case-mix unit based on	83970
information available to the department at the time of the	83971
original determination.	83972

Sec. 5111.235. (A) The department of job and family services	83973
shall pay a provider for each of the provider's eligible	83974
intermediate care facilities for the mentally retarded a per	83975
resident per day rate for other protected costs established	83976
prospectively each fiscal year for each facility. The rate for	83977
each facility shall be the facility's desk-reviewed, actual,	83978
allowable, per diem other protected costs from the calendar year	83979
preceding the fiscal year in which the rate will be paid, all	83980
adjusted for the estimated inflation rate for the eighteen-month	83981
period beginning on the first day of July of the calendar year	83982
preceding the fiscal year in which the rate will be paid and	83983
ending on the thirty-first day of December of that fiscal year.	83984
The department shall estimate inflation using the ~~consumer price~~	83985
index ~~for all urban consumers for nonprescription drugs and~~	83986
~~medical supplies, as published by the United States bureau of~~	83987
~~labor statistics~~specified in division (B) of this section. If the	83988
estimated inflation rate for the eighteen-month period is	83989
different from the actual inflation rate for that period, the	83990
difference shall be added to or subtracted from the inflation rate	83991
estimated for the following year.	83992

(B) The department shall use the following index for the	83993
purpose of division (A) of this section:	83994

(1) The consumer price index for all urban consumers for	83995
nonprescription drugs and medical supplies, as published by the	83996
United States bureau of labor statistics;	83997

(2) If the United States bureau of labor statistics ceases to	83998
publish the index specified in division (B)(1) of this section,	83999
the index that is subsequently published by the bureau and covers	84000
nonprescription drugs and medical supplies.	84001

Sec. 5111.24. (A) As used in this section~~, "applicable~~:

84002

(1) "Applicable calendar year" means the following:

84003

~~(1)~~(a) For the purpose of the department of job and family	84004
services' initial determination under division (D) of this section	84005
of each peer group's rate for ancillary and support costs,	84006
calendar year 2003;	84007

~~(2)~~(b) For the purpose of the department's ~~subsequent~~	84008
~~determinations under division (D) of this section of each peer~~	84009
~~group's rate for ancillary and support costs~~rebasings, the	84010
calendar year the department selects.	84011

(2) "Rebasing" means a redetermination under division (D) of	84012
this section of each peer groups' rate for ancillary and support	84013
costs using information from cost reports for an applicable	84014
calendar year that is later than the applicable calendar year used	84015
for the previous determination of such rates.	84016

(B) The department of job and family services shall pay a	84017
provider for each of the provider's eligible nursing facilities a	84018
per resident per day rate for ancillary and support costs	84019
determined for the nursing facility's peer group under division	84020
(D) of this section.	84021

(C) For the purpose of determining nursing facilities' rate	84022
for ancillary and support costs, the department shall establish	84023
six peer groups.	84024

Each nursing facility located in any of the following	84025
counties shall be placed in peer group one or two: Brown, Butler,	84026
Clermont, Clinton, Hamilton, and Warren. Each nursing facility	84027
located in any of those counties that has fewer than one hundred	84028
beds shall be placed in peer group one. Each nursing facility	84029
located in any of those counties that has one hundred or more beds	84030
shall be placed in peer group two.	84031

Each nursing facility located in any of the following	84032
counties shall be placed in peer group three or four: Ashtabula,	84033
Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette,	84034
Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking,	84035
Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow,	84036
Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit,	84037
Union, and Wood. Each nursing facility located in any of those	84038
counties that has fewer than one hundred beds shall be placed in	84039
peer group three. Each nursing facility located in any of those	84040
counties that has one hundred or more beds shall be placed in peer	84041
group four.	84042

Each nursing facility located in any of the following	84043
counties shall be placed in peer group five or six: Adams, Allen,	84044
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,	84045
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,	84046
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,	84047
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,	84048
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,	84049
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,	84050
Washington, Wayne, Williams, and Wyandot. Each nursing facility	84051
located in any of those counties that has fewer than one hundred	84052
beds shall be placed in peer group five. Each nursing facility	84053
located in any of those counties that has one hundred or more beds	84054
shall be placed in peer group six.	84055

(D)(1) ~~At least once every ten years, the~~The department	84056
shall determine the rate for ancillary and support costs for each	84057
peer group established under division (C) of this section. The	84058
department is not required to conduct a rebasing more than once	84059
every ten years. Except as necessary to implement the amendments	84060
made by this act to this section, the rate for ancillary and	84061
support costs determined under this division for a peer group	84062
shall be used for subsequent years until the department	84063
~~redetermines it~~conducts a rebasing. To determine a peer group's	84064
rate for ancillary and support costs, the department shall do all	84065
of the following:	84066

(a) ~~Determine~~Subject to division (D)(2) of this section,	84067
determine the rate for ancillary and support costs for each	84068
nursing facility in the peer group for the applicable calendar	84069
year by using the greater of the nursing facility's actual	84070
inpatient days for the applicable calendar year or the inpatient	84071
days the nursing facility would have had for the applicable	84072
calendar year if its occupancy rate had been ninety per cent~~. For~~	84073
~~the purpose of determining a nursing facility's occupancy rate~~	84074
~~under division (D)(1)(a) of this section, the department shall~~	84075
~~include any beds that the nursing facility removes from its~~	84076
~~medicaid-certified capacity unless the nursing facility also~~	84077
~~removes the beds from its licensed bed capacity.~~;	84078

(b) Subject to division (D)~~(2)~~(3) of this section, identify	84079
which nursing facility in the peer group is at the twenty-fifth	84080
percentile of the rate for ancillary and support costs for the	84081
applicable calendar year determined under division (D)(1)(a) of	84082
this section.;	84083

(c) ~~Calculate the amount that is three per cent above the~~	84084
~~rate for ancillary and support costs determined under division~~	84085
~~(D)(1)(a) of this section for the nursing facility identified~~	84086
~~under division (D)(1)(b) of this section.~~	84087

~~(d)~~ Multiply the ~~amount calculated~~rate for ancillary and	84088
support costs determined under division (D)(1)~~(c)~~(a) of this	84089
section for the nursing facility identified under division	84090
(D)(1)(b) of this section by the rate of inflation for the	84091
eighteen-month period beginning on the first day of July of the	84092
applicable calendar year and ending the last day of December of	84093
the calendar year immediately following the applicable calendar	84094
year using the following:	84095

(i) ~~In the case of the initial calculation made under~~	84096
~~division (D)(1)(d) of this section~~Until the first rebasing	84097
occurs, the consumer price index for all items for all urban	84098
consumers for the north central region, published by the United	84099
States bureau of labor statistics, as that index existed on July	84100
1, 2005;	84101

(ii) ~~In the case of subsequent calculations made under~~	84102
~~division (D)(1)(d) of this section~~Effective with the first	84103
rebasing and except as provided in division (D)(1)~~(d)~~(c)(iii) of	84104
this section, the consumer price index for all items for all urban	84105
consumers for the midwest region, published by the United States	84106
bureau of labor statistics;	84107

(iii) If the United States bureau of labor statistics ceases	84108
to publish the index specified in division (D)(1)~~(d)~~(c)(ii) of	84109
this section, the index the bureau subsequently publishes that	84110
covers urban consumers' prices for items for the region that	84111
includes this state.	84112

(2) For the purpose of determining a nursing facility's	84113
occupancy rate under division (D)(1)(a) of this section, the	84114
department shall include any beds that the nursing facility	84115
removes from its medicaid-certified capacity unless the nursing	84116
facility also removes the beds from its licensed bed capacity.	84117

(3) In making the identification under division (D)(1)(b) of	84118
this section, the department shall exclude both of the following:	84119

(a) Nursing facilities that participated in the medicaid	84120
program under the same provider for less than twelve months in the	84121
applicable calendar year;	84122

(b) Nursing facilities whose ancillary and support costs are	84123
more than one standard deviation from the mean desk-reviewed,	84124
actual, allowable, per diem ancillary and support cost for all	84125
nursing facilities in the nursing facility's peer group for the	84126
applicable calendar year.	84127

~~(3)~~(4) The department shall not redetermine a peer group's	84128
rate for ancillary and support costs under this division based on	84129
additional information that it receives after the rate is	84130
determined. The department shall redetermine a peer group's rate	84131
for ancillary and support costs only if itthe department made an	84132
error in determining the rate based on information available to	84133
the department at the time of the original determination.	84134

Sec. 5111.241. (A) The department of job and family services	84135
shall pay a provider for each of the provider's eligible	84136
intermediate care facilities for the mentally retarded a per	84137
resident per day rate for indirect care costs established	84138
prospectively each fiscal year for each facility. The rate for	84139
each intermediate care facility for the mentally retarded shall be	84140
the sum of the following, but shall not exceed the maximum rate	84141
established for the facility's peer group under division (B) of	84142
this section:	84143

(1) The facility's desk-reviewed, actual, allowable, per diem	84144
indirect care costs from the calendar year preceding the fiscal	84145
year in which the rate will be paid, adjusted for the inflation	84146
rate estimated under division (C)(1) of this section;	84147

(2) An efficiency incentive in the following amount:

84148

(a) For fiscal years ending in even-numbered calendar years:

84149

(i) In the case of intermediate care facilities for the	84150
mentally retarded with more than eight beds, seven and one-tenth	84151
per cent of the maximum rate established for the facility's peer	84152
group under division (B) of this section;	84153

(ii) In the case of intermediate care facilities for the	84154
mentally retarded with eight or fewer beds, seven per cent of the	84155
maximum rate established for the facility's peer group under	84156
division (B) of this section;	84157

(b) For fiscal years ending in odd-numbered calendar years,	84158
the amount calculated for the preceding fiscal year under division	84159
(A)(2)(a) of this section.	84160

(B)(1) The maximum rate for indirect care costs for each peer	84161
group of intermediate care facilities for the mentally retarded	84162
with more than eight beds specified in rules adopted under	84163
division (D) of this section shall be determined as follows:	84164

(a) For fiscal years ending in even-numbered calendar years,	84165
the maximum rate for each peer group shall be the rate that is no	84166
less than twelve and four-tenths per cent above the median	84167
desk-reviewed, actual, allowable, per diem indirect care cost for	84168
all intermediate care facilities for the mentally retarded with	84169
more than eight beds in the group, excluding facilities in the	84170
group whose indirect care costs for that period are more than	84171
three standard deviations from the mean desk-reviewed, actual,	84172
allowable, per diem indirect care cost for all intermediate care	84173
facilities for the mentally retarded with more than eight beds,	84174
for the calendar year preceding the fiscal year in which the rate	84175
will be paid, adjusted by the inflation rate estimated under	84176
division (C)(1) of this section.	84177

(b) For fiscal years ending in odd-numbered calendar years,	84178
the maximum rate for each peer group is the group's maximum rate	84179
for the previous fiscal year, adjusted for the inflation rate	84180
estimated under division (C)(2) of this section.	84181

(2) The maximum rate for indirect care costs for each peer	84182
group of intermediate care facilities for the mentally retarded	84183
with eight or fewer beds specified in rules adopted under division	84184
(D) of this section shall be determined as follows:	84185

(a) For fiscal years ending in even-numbered calendar years,	84186
the maximum rate for each peer group shall be the rate that is no	84187
less than ten and three-tenths per cent above the median	84188
desk-reviewed, actual, allowable, per diem indirect care cost for	84189
all intermediate care facilities for the mentally retarded with	84190
eight or fewer beds in the group, excluding facilities in the	84191
group whose indirect care costs are more than three standard	84192
deviations from the mean desk-reviewed, actual, allowable, per	84193
diem indirect care cost for all intermediate care facilities for	84194
the mentally retarded with eight or fewer beds, for the calendar	84195
year preceding the fiscal year in which the rate will be paid,	84196
adjusted by the inflation rate estimated under division (C)(1) of	84197
this section.	84198

(b) For fiscal years that end in odd-numbered calendar years,	84199
the maximum rate for each peer group is the group's maximum rate	84200
for the previous fiscal year, adjusted for the inflation rate	84201
estimated under division (C)(2) of this section.	84202

(3) The department shall not recalculate a maximum rate for	84203
indirect care costs under division (B)(1) or (2) of this section	84204
based on additional information that it receives after the maximum	84205
rate is set. The department shall recalculate the maximum rate for	84206
indirect care costs only if it made an error in computing the	84207
maximum rate based on the information available at the time of the	84208
original calculation.	84209

(C)(1) When adjusting rates for inflation under divisions	84210
(A)(1), (B)(1)(a), and (B)(2)(a) of this section, the department	84211
shall estimate the rate of inflation for the eighteen-month period	84212
beginning on the first day of July of the calendar year preceding	84213
the fiscal year in which the rate will be paid and ending on the	84214
thirty-first day of December of the fiscal year in which the rate	84215
will be paid~~, using the~~. To estimate the rate of inflation, the	84216
department shall use the following:	84217

(a) The consumer price index for all items for all urban	84218
consumers for the north central region, published by the United	84219
States bureau of labor statistics;	84220

(b) If the United States bureau of labor statistics ceases to	84221
publish the index specified in division (C)(1)(a) of this section,	84222
a comparable index that the bureau publishes and the department	84223
determines is appropriate.	84224

(2) When adjusting rates for inflation under divisions	84225
(B)(1)(b) and (B)(2)(b) of this section, the department shall	84226
estimate the rate of inflation for the twelve-month period	84227
beginning on the first day of January of the fiscal year preceding	84228
the fiscal year in which the rate will be paid and ending on the	84229
thirty-first day of December of the fiscal year in which the rate	84230
will be paid~~, using the~~. To estimate the rate of inflation, the	84231
department shall use the following:	84232

(a) The consumer price index for all items for all urban	84233
consumers for the north central region, published by the United	84234
States bureau of labor statistics;	84235

(b) If the United States bureau of labor statistics ceases to	84236
publish the index specified in division (C)(2)(a) of this section,	84237
a comparable index that the bureau publishes and the department	84238
determines is appropriate.	84239

(3) If an inflation rate estimated under division (C)(1) or	84240
(2) of this section is different from the actual inflation rate	84241
for the relevant time period, as measured using the same index,	84242
the difference shall be added to or subtracted from the inflation	84243
rate estimated pursuant to this division for the following fiscal	84244
year.	84245

(D) The director of job and family services shall adopt rules	84246
under section 5111.02 of the Revised Code that specify peer groups	84247
of intermediate care facilities for the mentally retarded with	84248
more than eight beds, and peer groups of intermediate care	84249
facilities for the mentally retarded with eight or fewer beds,	84250
based on findings of significant per diem indirect care cost	84251
differences due to geography and facility bed-size. The rules also	84252
may specify peer groups based on findings of significant per diem	84253
indirect care cost differences due to other factors, including	84254
case-mix.	84255

Sec. 5111.244. (A) As used in this section, "deficiency" and	84256
"standard survey" have the same meanings as in section 5111.35 of	84257
the Revised Code.	84258

(B) ~~Each fiscal year~~Subject to division (D) of this section,	84259
the department of job and family services shall pay the provider	84260
of each nursing facility a quality incentive payment. The amount	84261
of a quality incentive payment paid to a provider ~~for a fiscal~~	84262
~~year~~ shall be based on the number of points the provider's nursing	84263
facility is awarded ~~under division (C) of this section~~ for ~~that~~	84264
~~fiscal year~~meeting accountability measures. The amount of a	84265
quality incentive payment paid to a provider of a nursing facility	84266
that is awarded no points may be zero. ~~The mean payment for fiscal~~	84267
~~year 2007, weighted by medicaid days, shall be three dollars per~~	84268
~~medicaid day. The department shall adjust the mean payment for~~	84269
~~subsequent fiscal years by the same adjustment factors the~~	84270
~~department uses to adjust, pursuant to division (B) of section~~	84271
~~5111.222 of the Revised Code, nursing facilities' rates otherwise~~	84272
~~determined under divisions (A)(1), (2), (3), and (6) of that~~	84273
~~section.~~	84274

(C)(1) Except as provided by ~~division~~divisions (C)(2) and	84275
(D) of this section, the department shall ~~annually~~ award each	84276
nursing facility participating in the medicaid program one point	84277
for each of the following accountability measures the facility	84278
meets:	84279

(a) The facility had no health deficiencies on the facility's	84280
most recent standard survey.	84281

(b) The facility had no health deficiencies with a scope and	84282
severity level greater than E, as determined under nursing	84283
facility certification standards established under Title XIX, on	84284
the facility's most recent standard survey.	84285

(c) The facility's resident satisfaction is above the	84286
statewide average.	84287

(d) The facility's family satisfaction is above the statewide	84288
average.	84289

(e) The number of hours the facility employs nurses is above	84290
the statewide average.	84291

(f) The facility's employee retention rate is above the	84292
average for the facility's peer group established in division (C)	84293
of section 5111.231 of the Revised Code.	84294

(g) The facility's occupancy rate is above the statewide	84295
average.	84296

(h) The facility's medicaid utilization rate is above the	84297
statewide average.	84298

(i) The facility's case-mix score is above the statewide	84299
average.	84300

(2) The department shall award points pursuant to division	84301
(C)(1)(c) or (d) of this section to a nursing facility only ~~for a~~	84302
~~fiscal year immediately following a calendar year for which~~if a	84303
survey of resident or family satisfaction ~~has been~~was conducted	84304
under section 173.47 of the Revised Code for the nursing facility	84305
in calendar year 2010.	84306

(D) The department shall cease to award points to nursing	84307
facilities under division (C) of this section on the earlier of	84308
the effective date of the rules adopted under division (E) of this	84309
section establishing new accountability measures and July 1, 2012.	84310
If the effective date of the rules establishing the new	84311
accountability measures is after July 1, 2012, the department	84312
shall not award any points, and therefore not pay quality	84313
incentive payments, for the period beginning July 1, 2012, and	84314
ending on the effective date of the rules. Once the rules are in	84315
effect, the department shall award each nursing facility	84316
participating in the medicaid program points in accordance with	84317
the new accountability measures established in the rules.	84318

(E) The director of job and family services shall adopt rules	84319
under section 5111.02 of the Revised Code as necessary to	84320
implement this section~~. The rules shall include~~, including rules	84321
governing the methodology for converting points awarded under this	84322
section into quality incentive payments and rules establishing the	84323
system for awarding points under division (C) of this section. The	84324
director shall strive to have in effect not later than July 1,	84325
2012, rules establishing new accountability measures for the	84326
purpose of division (D) of this section. In adopting those rules,	84327
the director shall collaborate with persons interested in the	84328
issue of medicaid coverage of nursing facility services. The new	84329
accountability measures shall include measures relating to the	84330
quality of care that nursing facilities provide their residents	84331
and the residents' quality of life.	84332

Sec. 5111.25. (A) As used in this section~~, "applicable~~:

84333

(1) "Applicable calendar year" means the following:

84334

~~(1)~~(a) For the purpose of the department of job and family	84335
services' initial determination under division (D) of this section	84336
of each peer group's ~~median~~ rate for capital costs, calendar year	84337
2003;	84338

~~(2)~~(b) For the purpose of the department's ~~subsequent~~	84339
~~determinations under division (D) of this section of each peer~~	84340
~~group's median rate for capital costs~~rebasings, the calendar year	84341
the department selects.	84342

(2) "Rebasing" means a redetermination under division (D) of	84343
this section of each peer groups' rate for capital costs using	84344
information from cost reports for an applicable calendar year that	84345
is later than the applicable calendar year used for the previous	84346
determination of such rates.	84347

(B) The department of job and family services shall pay a	84348
provider for each of the provider's eligible nursing facilities a	84349
per resident per day rate for capital costs~~. A nursing facility's~~	84350
~~rate for capital costs shall be the median rate for capital costs~~	84351
~~for the nursing facilities in~~determined for the nursing	84352
facility's peer group ~~as determined~~ under division (D) of this	84353
section.	84354

(C) For the purpose of determining nursing facilities' rate	84355
for capital costs, the department shall establish six peer groups.	84356

Each nursing facility located in any of the following	84357
counties shall be placed in peer group one or two: Brown, Butler,	84358
Clermont, Clinton, Hamilton, and Warren. Each nursing facility	84359
located in any of those counties that has fewer than one hundred	84360
beds shall be placed in peer group one. Each nursing facility	84361
located in any of those counties that has one hundred or more beds	84362
shall be placed in peer group two.	84363

Each nursing facility located in any of the following	84364
counties shall be placed in peer group three or four: Ashtabula,	84365
Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette,	84366
Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking,	84367
Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow,	84368
Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit,	84369
Union, and Wood. Each nursing facility located in any of those	84370
counties that has fewer than one hundred beds shall be placed in	84371
peer group three. Each nursing facility located in any of those	84372
counties that has one hundred or more beds shall be placed in peer	84373
group four.	84374

Each nursing facility located in any of the following	84375
counties shall be placed in peer group five or six: Adams, Allen,	84376
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,	84377
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,	84378
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,	84379
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,	84380
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,	84381
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,	84382
Washington, Wayne, Williams, and Wyandot. Each nursing facility	84383
located in any of those counties that has fewer than one hundred	84384
beds shall be placed in peer group five. Each nursing facility	84385
located in any of those counties that has one hundred or more beds	84386
shall be placed in peer group six.	84387

(D)(1) ~~At least once every ten years, the~~The department	84388
shall determine the ~~median~~ rate for capital costs for each peer	84389
group established under division (C) of this section. The ~~median~~	84390
department is not required to conduct a rebasing more than once	84391
every ten years. Except as necessary to implement the amendments	84392
made by this act to this section, the rate for capital costs	84393
determined under this division for a peer group shall be used for	84394
subsequent years until the department ~~redetermines it~~conducts a	84395
rebasing. ~~To determine a~~A peer group's ~~median~~ rate for capital	84396
costs shall be the rate for capital costs determined for the	84397
nursing facility in the peer group that is at the twenty-fifth	84398
percentile of the rate for capital costs for the applicable	84399
calendar year. In identifying that nursing facility, the	84400
department shall do both of the following:	84401

(a) Subject to division (D)(2) of this section, use the	84402
greater of each nursing facility's actual inpatient days for the	84403
applicable calendar year or the inpatient days the nursing	84404
facility would have had for the applicable calendar year if its	84405
occupancy rate had been one hundred per cent.;	84406

(b) Exclude both of the following:

84407

(i) Nursing facilities that participated in the medicaid	84408
program under the same provider for less than twelve months in the	84409
applicable calendar year;	84410

(ii) Nursing facilities whose capital costs are more than one	84411
standard deviation from the mean desk-reviewed, actual, allowable,	84412
per diem capital cost for all nursing facilities in the nursing	84413
facility's peer group for the applicable calendar year.	84414

(2) For the purpose of determining a nursing facility's	84415
occupancy rate under division (D)(1)(a) of this section, the	84416
department shall include any beds that the nursing facility	84417
removes from its medicaid-certified capacity after June 30, 2005,	84418
unless the nursing facility also removes the beds from its	84419
licensed bed capacity.	84420

(3) The department shall not redetermine a peer group's rate	84421
for capital costs under this division based on additional	84422
information that it receives after the rate is determined. The	84423
department shall redetermine a peer group's rate for capital costs	84424
only if the department made an error in determining the rate based	84425
on information available to the department at the time of the	84426
original determination.	84427

(E) Buildings shall be depreciated using the straight line	84428
method over forty years or over a different period approved by the	84429
department. Components and equipment shall be depreciated using	84430
the straight-line method over a period designated in rules adopted	84431
under section 5111.02 of the Revised Code, consistent with the	84432
guidelines of the American hospital association, or over a	84433
different period approved by the department. Any rules authorized	84434
by this division that specify useful lives of buildings,	84435
components, or equipment apply only to assets acquired on or after	84436
July 1, 1993. Depreciation for costs paid or reimbursed by any	84437
government agency shall not be included in capital costs unless	84438
that part of the payment under sections 5111.20 to 5111.33 of the	84439
Revised Code is used to reimburse the government agency.	84440

(F) The capital cost basis of nursing facility assets shall	84441
be determined in the following manner:	84442

(1) Except as provided in division (F)(3) of this section,	84443
for purposes of calculating the rates to be paid for facilities	84444
with dates of licensure on or before June 30, 1993, the capital	84445
cost basis of each asset shall be equal to the desk-reviewed,	84446
actual, allowable, capital cost basis that is listed on the	84447
facility's cost report for the calendar year preceding the fiscal	84448
year during which the rate will be paid.	84449

(2) For facilities with dates of licensure after June 30,	84450
1993, the capital cost basis shall be determined in accordance	84451
with the principles of the medicare program established under	84452
Title XVIII, except as otherwise provided in sections 5111.20 to	84453
5111.33 of the Revised Code.	84454

(3) Except as provided in division (F)(4) of this section, if	84455
a provider transfers an interest in a facility to another provider	84456
after June 30, 1993, there shall be no increase in the capital	84457
cost basis of the asset if the providers are related parties or	84458
the provider to which the interest is transferred authorizes the	84459
provider that transferred the interest to continue to operate the	84460
facility under a lease, management agreement, or other	84461
arrangement. If the previous sentence does not prohibit the	84462
adjustment of the capital cost basis under this division, the	84463
basis of the asset shall be adjusted by ~~the lesser of the~~	84464
~~following:~~	84465

~~(a) One-half of the change in construction costs during the~~	84466
~~time that the transferor held the asset, as calculated by the~~	84467
~~department of job and family services using the "Dodge building~~	84468
~~cost indexes, northeastern and north central states," published by~~	84469
~~Marshall and Swift;~~	84470

~~(b) One-half~~one-half of the change in the consumer price	84471
index for all items for all urban consumers, as published by the	84472
United States bureau of labor statistics, during the time that the	84473
transferor held the asset.	84474

(4) If a provider transfers an interest in a facility to	84475
another provider who is a related party, the capital cost basis of	84476
the asset shall be adjusted as specified in division (F)(3) of	84477
this section if all of the following conditions are met:	84478

(a) The related party is a relative of owner;

84479

(b) Except as provided in division (F)(4)(c)(ii) of this	84480
section, the provider making the transfer retains no ownership	84481
interest in the facility;	84482

(c) The department of job and family services determines that	84483
the transfer is an arm's length transaction pursuant to rules	84484
adopted under section 5111.02 of the Revised Code. The rules shall	84485
provide that a transfer is an arm's length transaction if all of	84486
the following apply:	84487

(i) Once the transfer goes into effect, the provider that	84488
made the transfer has no direct or indirect interest in the	84489
provider that acquires the facility or the facility itself,	84490
including interest as an owner, officer, director, employee,	84491
independent contractor, or consultant, but excluding interest as a	84492
creditor.	84493

(ii) The provider that made the transfer does not reacquire	84494
an interest in the facility except through the exercise of a	84495
creditor's rights in the event of a default. If the provider	84496
reacquires an interest in the facility in this manner, the	84497
department shall treat the facility as if the transfer never	84498
occurred when the department calculates its reimbursement rates	84499
for capital costs.	84500

(iii) The transfer satisfies any other criteria specified in	84501
the rules.	84502

(d) Except in the case of hardship caused by a catastrophic	84503
event, as determined by the department, or in the case of a	84504
provider making the transfer who is at least sixty-five years of	84505
age, not less than twenty years have elapsed since, for the same	84506
facility, the capital cost basis was adjusted most recently under	84507
division (F)(4) of this section or actual, allowable cost of	84508
ownership was determined most recently under division (G)(9) of	84509
this section.	84510

(G) As used in this division:

84511

"Imputed interest" means the lesser of the prime rate plus	84512
two per cent or ten per cent.	84513

"Lease expense" means lease payments in the case of an	84514
operating lease and depreciation expense and interest expense in	84515
the case of a capital lease.	84516

"New lease" means a lease, to a different lessee, of a	84517
nursing facility that previously was operated under a lease.	84518

(1) Subject to division (B) of this section, for a lease of a	84519
facility that was effective on May 27, 1992, the entire lease	84520
expense is an actual, allowable capital cost during the term of	84521
the existing lease. The entire lease expense also is an actual,	84522
allowable capital cost if a lease in existence on May 27, 1992, is	84523
renewed under either of the following circumstances:	84524

(a) The renewal is pursuant to a renewal option that was in	84525
existence on May 27, 1992;	84526

(b) The renewal is for the same lease payment amount and	84527
between the same parties as the lease in existence on May 27,	84528
1992.	84529

(2) Subject to division (B) of this section, for a lease of a	84530
facility that was in existence but not operated under a lease on	84531
May 27, 1992, actual, allowable capital costs shall include the	84532
lesser of the annual lease expense or the annual depreciation	84533
expense and imputed interest expense that would be calculated at	84534
the inception of the lease using the lessor's entire historical	84535
capital asset cost basis, adjusted by ~~the lesser of the following~~	84536
~~amounts:~~	84537

~~(a) One-half of the change in construction costs during the~~	84538
~~time the lessor held each asset until the beginning of the lease,~~	84539
~~as calculated by the department using the "Dodge building cost~~	84540
~~indexes, northeastern and north central states," published by~~	84541
~~Marshall and Swift;~~	84542

~~(b) One-half~~one-half of the change in the consumer price	84543
index for all items for all urban consumers, as published by the	84544
United States bureau of labor statistics, during the time the	84545
lessor held each asset until the beginning of the lease.	84546

(3) Subject to division (B) of this section, for a lease of a	84547
facility with a date of licensure on or after May 27, 1992, that	84548
is initially operated under a lease, actual, allowable capital	84549
costs shall include the annual lease expense if there was a	84550
substantial commitment of money for construction of the facility	84551
after December 22, 1992, and before July 1, 1993. If there was not	84552
a substantial commitment of money after December 22, 1992, and	84553
before July 1, 1993, actual, allowable capital costs shall include	84554
the lesser of the annual lease expense or the sum of the	84555
following:	84556

(a) The annual depreciation expense that would be calculated	84557
at the inception of the lease using the lessor's entire historical	84558
capital asset cost basis;	84559

(b) The greater of the lessor's actual annual amortization of	84560
financing costs and interest expense at the inception of the lease	84561
or the imputed interest expense calculated at the inception of the	84562
lease using seventy per cent of the lessor's historical capital	84563
asset cost basis.	84564

(4) Subject to division (B) of this section, for a lease of a	84565
facility with a date of licensure on or after May 27, 1992, that	84566
was not initially operated under a lease and has been in existence	84567
for ten years, actual, allowable capital costs shall include the	84568
lesser of the annual lease expense or the annual depreciation	84569
expense and imputed interest expense that would be calculated at	84570
the inception of the lease using the entire historical capital	84571
asset cost basis of ~~the lessor, adjusted by the lesser of the~~	84572
~~following:~~	84573

~~(a) One-half of the change in construction costs during the~~	84574
~~time the lessor held each asset until the beginning of the lease,~~	84575
~~as calculated by the department using the "Dodge building cost~~	84576
~~indexes, northeastern and north central states," published by~~	84577
~~Marshall and Swift;~~	84578

~~(b) One-half~~one-half of the change in the consumer price	84579
index for all items for all urban consumers, as published by the	84580
United States bureau of labor statistics, during the time the	84581
lessor held each asset until the beginning of the lease.	84582

(5) Subject to division (B) of this section, for a new lease	84583
of a facility that was operated under a lease on May 27, 1992,	84584
actual, allowable capital costs shall include the lesser of the	84585
annual new lease expense or the annual old lease payment. If the	84586
old lease was in effect for ten years or longer, the old lease	84587
payment from the beginning of the old lease shall be adjusted by	84588
~~the lesser of the following:~~	84589

~~(a) One-half of the change in construction costs from the~~	84590
~~beginning of the old lease to the beginning of the new lease, as~~	84591
~~calculated by the department using the "Dodge building cost~~	84592
~~indexes, northeastern and north central states," published by~~	84593
~~Marshall and Swift;~~	84594

~~(b) One-half~~one-half of the change in the consumer price	84595
index for all items for all urban consumers, as published by the	84596
United States bureau of labor statistics, from the beginning of	84597
the old lease to the beginning of the new lease.	84598

(6) Subject to division (B) of this section, for a new lease	84599
of a facility that was not in existence or that was in existence	84600
but not operated under a lease on May 27, 1992, actual, allowable	84601
capital costs shall include the lesser of annual new lease expense	84602
or the annual amount calculated for the old lease under division	84603
(G)(2), (3), (4), or (6) of this section, as applicable. If the	84604
old lease was in effect for ten years or longer, the lessor's	84605
historical capital asset cost basis shall be ~~adjusted by the~~	84606
~~lesser of the following~~, for purposes of calculating the annual	84607
amount under division (G)(2), (3), (4), or (6) of this section:	84608

~~(a) One-half of the change in construction costs from the~~	84609
~~beginning of the old lease to the beginning of the new lease, as~~	84610
~~calculated by the department using the "Dodge building cost~~	84611
~~indexes, northeastern and north central states," published by~~	84612
~~Marshall and Swift;~~	84613

~~(b) One-half~~, adjusted by one-half of the change in the	84614
consumer price index for all items for all urban consumers, as	84615
published by the United States bureau of labor statistics, from	84616
the beginning of the old lease to the beginning of the new lease.	84617

In the case of a lease under division (G)(3) of this section	84618
of a facility for which a substantial commitment of money was made	84619
after December 22, 1992, and before July 1, 1993, the old lease	84620
payment shall be adjusted for the purpose of determining the	84621
annual amount.	84622

(7) For any revision of a lease described in division (G)(1),	84623
(2), (3), (4), (5), or (6) of this section, or for any subsequent	84624
lease of a facility operated under such a lease, other than	84625
execution of a new lease, the portion of actual, allowable capital	84626
costs attributable to the lease shall be the same as before the	84627
revision or subsequent lease.	84628

(8) Except as provided in division (G)(9) of this section, if	84629
a provider leases an interest in a facility to another provider	84630
who is a related party or previously operated the facility, the	84631
related party's or previous operator's actual, allowable capital	84632
costs shall include the lesser of the annual lease expense or the	84633
reasonable cost to the lessor.	84634

(9) If a provider leases an interest in a facility to another	84635
provider who is a related party, regardless of the date of the	84636
lease, the related party's actual, allowable capital costs shall	84637
include the annual lease expense, subject to the limitations	84638
specified in divisions (G)(1) to (7) of this section, if all of	84639
the following conditions are met:	84640

(a) The related party is a relative of owner;

84641

(b) If the lessor retains an ownership interest, it is,	84642
except as provided in division (G)(9)(c)(ii) of this section, in	84643
only the real property and any improvements on the real property;	84644

(c) The department of job and family services determines that	84645
the lease is an arm's length transaction pursuant to rules adopted	84646
under section 5111.02 of the Revised Code. The rules shall provide	84647
that a lease is an arm's length transaction if all of the	84648
following apply:	84649

(i) Once the lease goes into effect, the lessor has no direct	84650
or indirect interest in the lessee or, except as provided in	84651
division (G)(9)(b) of this section, the facility itself, including	84652
interest as an owner, officer, director, employee, independent	84653
contractor, or consultant, but excluding interest as a lessor.	84654

(ii) The lessor does not reacquire an interest in the	84655
facility except through the exercise of a lessor's rights in the	84656
event of a default. If the lessor reacquires an interest in the	84657
facility in this manner, the department shall treat the facility	84658
as if the lease never occurred when the department calculates its	84659
reimbursement rates for capital costs.	84660

(iii) The lease satisfies any other criteria specified in the	84661
rules.	84662

(d) Except in the case of hardship caused by a catastrophic	84663
event, as determined by the department, or in the case of a lessor	84664
who is at least sixty-five years of age, not less than twenty	84665
years have elapsed since, for the same facility, the capital cost	84666
basis was adjusted most recently under division (F)(4) of this	84667
section or actual, allowable capital costs were determined most	84668
recently under division (G)(9) of this section.	84669

(10) This division does not apply to leases of specific items	84670
of equipment.	84671

Sec. 5111.251. (A) The department of job and family services	84672
shall pay a provider for each of the provider's eligible	84673
intermediate care facilities for the mentally retarded for its	84674
reasonable capital costs, a per resident per day rate established	84675
prospectively each fiscal year for each intermediate care facility	84676
for the mentally retarded. Except as otherwise provided in	84677
sections 5111.20 to 5111.33 of the Revised Code, the rate shall be	84678
based on the facility's capital costs for the calendar year	84679
preceding the fiscal year in which the rate will be paid. The rate	84680
shall equal the sum of the following:	84681

(1) The facility's desk-reviewed, actual, allowable, per diem	84682
cost of ownership for the preceding cost reporting period, limited	84683
as provided in divisions (C) and (F) of this section;	84684

(2) Any efficiency incentive determined under division (B) of	84685
this section;	84686

(3) Any amounts for renovations determined under division (D)	84687
of this section;	84688

(4) Any amounts for return on equity determined under	84689
division ~~(I)~~(H) of this section.	84690

Buildings shall be depreciated using the straight line method	84691
over forty years or over a different period approved by the	84692
department. Components and equipment shall be depreciated using	84693
the straight line method over a period designated by the director	84694
of job and family services in rules adopted under section 5111.02	84695
of the Revised Code, consistent with the guidelines of the	84696
American hospital association, or over a different period approved	84697
by the department of job and family services. Any rules authorized	84698
by this division that specify useful lives of buildings,	84699
components, or equipment apply only to assets acquired on or after	84700
July 1, 1993. Depreciation for costs paid or reimbursed by any	84701
government agency shall not be included in costs of ownership or	84702
renovation unless that part of the payment under sections 5111.20	84703
to 5111.33 of the Revised Code is used to reimburse the government	84704
agency.	84705

(B) The department of job and family services shall pay to a	84706
provider for each of the provider's eligible intermediate care	84707
facilities for the mentally retarded an efficiency incentive equal	84708
to fifty per cent of the difference between any desk-reviewed,	84709
actual, allowable cost of ownership and the applicable limit on	84710
cost of ownership payments under division (C) of this section. For	84711
purposes of computing the efficiency incentive, depreciation for	84712
costs paid or reimbursed by any government agency shall be	84713
considered as a cost of ownership, and the applicable limit under	84714
division (C) of this section shall apply both to facilities with	84715
more than eight beds and facilities with eight or fewer beds. The	84716
efficiency incentive paid to a provider for a facility with eight	84717
or fewer beds shall not exceed three dollars per patient day,	84718
adjusted annually for the inflation rate for the twelve-month	84719
period beginning on the first day of July of the calendar year	84720
preceding the calendar year that precedes the fiscal year for	84721
which the efficiency incentive is determined and ending on the	84722
thirtieth day of the following June, using the consumer price	84723
index for shelter costs for all urban consumers for the north	84724
central region, as published by the United States bureau of labor	84725
statistics.	84726

(C) Cost of ownership payments for intermediate care	84727
facilities for the mentally retarded with more than eight beds	84728
shall not exceed the following limits:	84729

(1) For facilities with dates of licensure prior to January	84730
1, l958, not exceeding two dollars and fifty cents per patient	84731
day;	84732

(2) For facilities with dates of licensure after December 31,	84733
l957, but prior to January 1, l968, not exceeding:	84734

(a) Three dollars and fifty cents per patient day if the cost	84735
of construction was three thousand five hundred dollars or more	84736
per bed;	84737

(b) Two dollars and fifty cents per patient day if the cost	84738
of construction was less than three thousand five hundred dollars	84739
per bed.	84740

(3) For facilities with dates of licensure after December 31,	84741
l967, but prior to January 1, l976, not exceeding:	84742

(a) Four dollars and fifty cents per patient day if the cost	84743
of construction was five thousand one hundred fifty dollars or	84744
more per bed;	84745

(b) Three dollars and fifty cents per patient day if the cost	84746
of construction was less than five thousand one hundred fifty	84747
dollars per bed, but exceeds three thousand five hundred dollars	84748
per bed;	84749

(c) Two dollars and fifty cents per patient day if the cost	84750
of construction was three thousand five hundred dollars or less	84751
per bed.	84752

(4) For facilities with dates of licensure after December 31,	84753
l975, but prior to January 1, l979, not exceeding:	84754

(a) Five dollars and fifty cents per patient day if the cost	84755
of construction was six thousand eight hundred dollars or more per	84756
bed;	84757

(b) Four dollars and fifty cents per patient day if the cost	84758
of construction was less than six thousand eight hundred dollars	84759
per bed but exceeds five thousand one hundred fifty dollars per	84760
bed;	84761

(c) Three dollars and fifty cents per patient day if the cost	84762
of construction was five thousand one hundred fifty dollars or	84763
less per bed, but exceeds three thousand five hundred dollars per	84764
bed;	84765

(d) Two dollars and fifty cents per patient day if the cost	84766
of construction was three thousand five hundred dollars or less	84767
per bed.	84768

(5) For facilities with dates of licensure after December 31,	84769
l978, but prior to January 1, l980, not exceeding:	84770

(a) Six dollars per patient day if the cost of construction	84771
was seven thousand six hundred twenty-five dollars or more per	84772
bed;	84773

(b) Five dollars and fifty cents per patient day if the cost	84774
of construction was less than seven thousand six hundred	84775
twenty-five dollars per bed but exceeds six thousand eight hundred	84776
dollars per bed;	84777

(c) Four dollars and fifty cents per patient day if the cost	84778
of construction was six thousand eight hundred dollars or less per	84779
bed but exceeds five thousand one hundred fifty dollars per bed;	84780

(d) Three dollars and fifty cents per patient day if the cost	84781
of construction was five thousand one hundred fifty dollars or	84782
less but exceeds three thousand five hundred dollars per bed;	84783

(e) Two dollars and fifty cents per patient day if the cost	84784
of construction was three thousand five hundred dollars or less	84785
per bed.	84786

(6) For facilities with dates of licensure after December 31,	84787
1979, but prior to January 1, 1981, not exceeding:	84788

(a) Twelve dollars per patient day if the beds were	84789
originally licensed as residential facility beds by the department	84790
of developmental disabilities;	84791

(b) Six dollars per patient day if the beds were originally	84792
licensed as nursing home beds by the department of health.	84793

(7) For facilities with dates of licensure after December 31,	84794
1980, but prior to January 1, 1982, not exceeding:	84795

(a) Twelve dollars per patient day if the beds were	84796
originally licensed as residential facility beds by the department	84797
of developmental disabilities;	84798

(b) Six dollars and forty-five cents per patient day if the	84799
beds were originally licensed as nursing home beds by the	84800
department of health.	84801

(8) For facilities with dates of licensure after December 31,	84802
1981, but prior to January 1, 1983, not exceeding:	84803

(a) Twelve dollars per patient day if the beds were	84804
originally licensed as residential facility beds by the department	84805
of developmental disabilities;	84806

(b) Six dollars and seventy-nine cents per patient day if the	84807
beds were originally licensed as nursing home beds by the	84808
department of health.	84809

(9) For facilities with dates of licensure after December 31,	84810
1982, but prior to January 1, 1984, not exceeding:	84811

(a) Twelve dollars per patient day if the beds were	84812
originally licensed as residential facility beds by the department	84813
of developmental disabilities;	84814

(b) Seven dollars and nine cents per patient day if the beds	84815
were originally licensed as nursing home beds by the department of	84816
health.	84817

(10) For facilities with dates of licensure after December	84818
31, 1983, but prior to January 1, 1985, not exceeding:	84819

(a) Twelve dollars and twenty-four cents per patient day if	84820
the beds were originally licensed as residential facility beds by	84821
the department of developmental disabilities;	84822

(b) Seven dollars and twenty-three cents per patient day if	84823
the beds were originally licensed as nursing home beds by the	84824
department of health.	84825

(11) For facilities with dates of licensure after December	84826
31, 1984, but prior to January 1, 1986, not exceeding:	84827

(a) Twelve dollars and fifty-three cents per patient day if	84828
the beds were originally licensed as residential facility beds by	84829
the department of developmental disabilities;	84830

(b) Seven dollars and forty cents per patient day if the beds	84831
were originally licensed as nursing home beds by the department of	84832
health.	84833

(12) For facilities with dates of licensure after December	84834
31, 1985, but prior to January 1, 1987, not exceeding:	84835

(a) Twelve dollars and seventy cents per patient day if the	84836
beds were originally licensed as residential facility beds by the	84837
department of developmental disabilities;	84838

(b) Seven dollars and fifty cents per patient day if the beds	84839
were originally licensed as nursing home beds by the department of	84840
health.	84841

(13) For facilities with dates of licensure after December	84842
31, 1986, but prior to January 1, 1988, not exceeding:	84843

(a) Twelve dollars and ninety-nine cents per patient day if	84844
the beds were originally licensed as residential facility beds by	84845
the department of developmental disabilities;	84846

(b) Seven dollars and sixty-seven cents per patient day if	84847
the beds were originally licensed as nursing home beds by the	84848
department of health.	84849

(14) For facilities with dates of licensure after December	84850
31, 1987, but prior to January 1, 1989, not exceeding thirteen	84851
dollars and twenty-six cents per patient day;	84852

(15) For facilities with dates of licensure after December	84853
31, 1988, but prior to January 1, 1990, not exceeding thirteen	84854
dollars and forty-six cents per patient day;	84855

(16) For facilities with dates of licensure after December	84856
31, 1989, but prior to January 1, 1991, not exceeding thirteen	84857
dollars and sixty cents per patient day;	84858

(17) For facilities with dates of licensure after December	84859
31, 1990, but prior to January 1, 1992, not exceeding thirteen	84860
dollars and forty-nine cents per patient day;	84861

(18) For facilities with dates of licensure after December	84862
31, 1991, but prior to January 1, 1993, not exceeding thirteen	84863
dollars and sixty-seven cents per patient day;	84864

(19) For facilities with dates of licensure after December	84865
31, 1992, not exceeding fourteen dollars and twenty-eight cents	84866
per patient day.	84867

(D) Beginning January 1, 1981, regardless of the original	84868
date of licensure, the department of job and family services shall	84869
pay a rate for the per diem capitalized costs of renovations to	84870
intermediate care facilities for the mentally retarded made after	84871
January 1, l981, not exceeding six dollars per patient day using	84872
1980 as the base year and adjusting the amount annually until June	84873
30, 1993, for fluctuations in construction costs calculated by the	84874
department using the "Dodge building cost indexes, northeastern	84875
and north central states," published by Marshall and Swift. The	84876
payment provided for in this division is the only payment that	84877
shall be made for the capitalized costs of a nonextensive	84878
renovation of an intermediate care facility for the mentally	84879
retarded. Nonextensive renovation costs shall not be included in	84880
cost of ownership, and a nonextensive renovation shall not affect	84881
the date of licensure for purposes of division (C) of this	84882
section. This division applies to nonextensive renovations	84883
regardless of whether they are made by an owner or a lessee. If	84884
the tenancy of a lessee that has made renovations ends before the	84885
depreciation expense for the renovation costs has been fully	84886
reported, the former lessee shall not report the undepreciated	84887
balance as an expense.	84888

For a nonextensive renovation to qualify for payment under	84889
this division, both of the following conditions must be met:	84890

(1) At least five years have elapsed since the date of	84891
licensure or date of an extensive renovation of the portion of the	84892
facility that is proposed to be renovated, except that this	84893
condition does not apply if the renovation is necessary to meet	84894
the requirements of federal, state, or local statutes, ordinances,	84895
rules, or policies.	84896

(2) The provider has obtained prior approval from the	84897
department of job and family services. The provider shall submit a	84898
plan that describes in detail the changes in capital assets to be	84899
accomplished by means of the renovation and the timetable for	84900
completing the project. The time for completion of the project	84901
shall be no more than eighteen months after the renovation begins.	84902
The director of job and family services shall adopt rules under	84903
section 5111.02 of the Revised Code that specify criteria and	84904
procedures for prior approval of renovation projects. No provider	84905
shall separate a project with the intent to evade the	84906
characterization of the project as a renovation or as an extensive	84907
renovation. No provider shall increase the scope of a project	84908
after it is approved by the department of job and family services	84909
unless the increase in scope is approved by the department.	84910

(E) The amounts specified in divisions (C) and (D) of this	84911
section shall be adjusted beginning July 1, 1993, for the	84912
estimated inflation for the twelve-month period beginning on the	84913
first day of July of the calendar year preceding the calendar year	84914
that precedes the fiscal year for which rate will be paid and	84915
ending on the thirtieth day of the following June, using the	84916
consumer price index for shelter costs for all urban consumers for	84917
the north central region, as published by the United States bureau	84918
of labor statistics.	84919

(F)(1) For facilities of eight or fewer beds that have dates	84920
of licensure or have been granted project authorization by the	84921
department of developmental disabilities before July 1, 1993, and	84922
for facilities of eight or fewer beds that have dates of licensure	84923
or have been granted project authorization after that date if the	84924
providers of the facilities demonstrate that they made substantial	84925
commitments of funds on or before that date, cost of ownership	84926
shall not exceed eighteen dollars and thirty cents per resident	84927
per day. The eighteen-dollar and thirty-cent amount shall be	84928
increased by the change in the "Dodge building cost indexes,	84929
northeastern and north central states," published by Marshall and	84930
Swift, during the period beginning June 30, 1990, and ending July	84931
1, 1993, and by the change in the consumer price index for shelter	84932
costs for all urban consumers for the north central region, as	84933
published by the United States bureau of labor statistics,	84934
annually thereafter.	84935

(2) For facilities with eight or fewer beds that have dates	84936
of licensure or have been granted project authorization by the	84937
department of developmental disabilities on or after July 1, 1993,	84938
for which substantial commitments of funds were not made before	84939
that date, cost of ownership payments shall not exceed the	84940
applicable amount calculated under division (F)(1) of this	84941
section, if the department of job and family services gives prior	84942
approval for construction of the facility. If the department does	84943
not give prior approval, cost of ownership payments shall not	84944
exceed the amount specified in division (C) of this section.	84945

(3) Notwithstanding divisions (D) and (F)(1) and (2) of this	84946
section, the total payment for cost of ownership, cost of	84947
ownership efficiency incentive, and capitalized costs of	84948
renovations for an intermediate care facility for the mentally	84949
retarded with eight or fewer beds shall not exceed the sum of the	84950
limitations specified in divisions (C) and (D) of this section.	84951

(G) Notwithstanding any provision of this section or section	84952
5111.241 of the Revised Code, the director of job and family	84953
services may adopt rules under section 5111.02 of the Revised Code	84954
that provide for a calculation of a combined maximum payment limit	84955
for indirect care costs and cost of ownership for intermediate	84956
care facilities for the mentally retarded with eight or fewer	84957
beds.	84958

(H) ~~After the date on which a transaction of sale is closed,~~	84959
~~the provider shall refund to the department the amount of excess~~	84960
~~depreciation paid to the provider for the facility by the~~	84961
~~department for each year the provider has operated the facility~~	84962
~~under a provider agreement and prorated according to the number of~~	84963
~~medicaid patient days for which the provider has received payment~~	84964
~~for the facility. For the purposes of this division, "depreciation~~	84965
~~paid to the provider for the facility" means the amount paid to~~	84966
~~the provider for the intermediate care facility for the mentally~~	84967
~~retarded for cost of ownership pursuant to this section less any~~	84968
~~amount paid for interest costs. For the purposes of this division,~~	84969
~~"excess depreciation" is the intermediate care facility for the~~	84970
~~mentally retarded's depreciated basis, which is the provider's~~	84971
~~cost less accumulated depreciation, subtracted from the purchase~~	84972
~~price but not exceeding the amount of depreciation paid to the~~	84973
~~provider for the facility.~~	84974

~~(I)~~ The department of job and family services shall pay a	84975
provider for each of the provider's eligible proprietary	84976
intermediate care facilities for the mentally retarded a return on	84977
the facility's net equity computed at the rate of one and one-half	84978
times the average of interest rates on special issues of public	84979
debt obligations issued to the federal hospital insurance trust	84980
fund for the cost reporting period. No facility's return on net	84981
equity paid under this division shall exceed one dollar per	84982
patient day.	84983

In calculating the rate for return on net equity, the	84984
department shall use the greater of the facility's inpatient days	84985
during the applicable cost reporting period or the number of	84986
inpatient days the facility would have had during that period if	84987
its occupancy rate had been ninety-five per cent.	84988

~~(J)~~(I)(1) Except as provided in division ~~(J)~~(I)(2) of this	84989
section, if a provider leases or transfers an interest in a	84990
facility to another provider who is a related party, the related	84991
party's allowable cost of ownership shall include the lesser of	84992
the following:	84993

(a) The annual lease expense or actual cost of ownership,	84994
whichever is applicable;	84995

(b) The reasonable cost to the lessor or provider making the	84996
transfer.	84997

(2) If a provider leases or transfers an interest in a	84998
facility to another provider who is a related party, regardless of	84999
the date of the lease or transfer, the related party's allowable	85000
cost of ownership shall include the annual lease expense or actual	85001
cost of ownership, whichever is applicable, subject to the	85002
limitations specified in divisions (B) to ~~(I)~~(H) of this section,	85003
if all of the following conditions are met:	85004

(a) The related party is a relative of owner;

85005

(b) In the case of a lease, if the lessor retains any	85006
ownership interest, it is, except as provided in division	85007
~~(J)~~(I)(2)(d)(ii) of this section, in only the real property and	85008
any improvements on the real property;	85009

(c) In the case of a transfer, the provider making the	85010
transfer retains, except as provided in division ~~(J)~~(I)(2)(d)(iv)	85011
of this section, no ownership interest in the facility;	85012

(d) The department of job and family services determines that	85013
the lease or transfer is an arm's length transaction pursuant to	85014
rules adopted under section 5111.02 of the Revised Code. The rules	85015
shall provide that a lease or transfer is an arm's length	85016
transaction if all of the following, as applicable, apply:	85017

(i) In the case of a lease, once the lease goes into effect,	85018
the lessor has no direct or indirect interest in the lessee or,	85019
except as provided in division ~~(J)~~(I)(2)(b) of this section, the	85020
facility itself, including interest as an owner, officer,	85021
director, employee, independent contractor, or consultant, but	85022
excluding interest as a lessor.	85023

(ii) In the case of a lease, the lessor does not reacquire an	85024
interest in the facility except through the exercise of a lessor's	85025
rights in the event of a default. If the lessor reacquires an	85026
interest in the facility in this manner, the department shall	85027
treat the facility as if the lease never occurred when the	85028
department calculates its reimbursement rates for capital costs.	85029

(iii) In the case of a transfer, once the transfer goes into	85030
effect, the provider that made the transfer has no direct or	85031
indirect interest in the provider that acquires the facility or	85032
the facility itself, including interest as an owner, officer,	85033
director, employee, independent contractor, or consultant, but	85034
excluding interest as a creditor.	85035

(iv) In the case of a transfer, the provider that made the	85036
transfer does not reacquire an interest in the facility except	85037
through the exercise of a creditor's rights in the event of a	85038
default. If the provider reacquires an interest in the facility in	85039
this manner, the department shall treat the facility as if the	85040
transfer never occurred when the department calculates its	85041
reimbursement rates for capital costs.	85042

(v) The lease or transfer satisfies any other criteria	85043
specified in the rules.	85044

(e) Except in the case of hardship caused by a catastrophic	85045
event, as determined by the department, or in the case of a lessor	85046
or provider making the transfer who is at least sixty-five years	85047
of age, not less than twenty years have elapsed since, for the	85048
same facility, allowable cost of ownership was determined most	85049
recently under this division.	85050

Sec. 5111.254. (A) The department of job and family services	85051
shall establish initial rates for a nursing facility with a first	85052
date of licensure that is on or after July 1, 2006, including a	85053
facility that replaces one or more existing facilities, or for a	85054
nursing facility with a first date of licensure before that date	85055
that was initially certified for the medicaid program on or after	85056
that date, in the following manner:	85057

(1) The rate for direct care costs shall be the product of	85058
the cost per case-mix unit determined under division (D) of	85059
section 5111.231 of the Revised Code for the facility's peer group	85060
and the nursing facility's case-mix score. For the purpose of	85061
division (A)(1) of this section, the nursing facility's case-mix	85062
score shall be the following:	85063

(a) Unless the nursing facility replaces an existing nursing	85064
facility that participated in the medicaid program immediately	85065
before the replacement nursing facility begins participating in	85066
the medicaid program, the median annual average case-mix score for	85067
the nursing facility's peer group;	85068

(b) If the nursing facility replaces an existing nursing	85069
facility that participated in the medicaid program immediately	85070
before the replacement nursing facility begins participating in	85071
the medicaid program, the semiannual case-mix score most recently	85072
determined under section 5111.232 of the Revised Code for the	85073
replaced nursing facility as adjusted, if necessary, to reflect	85074
any difference in the number of beds in the replaced and	85075
replacement nursing facilities.	85076

(2) The rate for ancillary and support costs shall be the	85077
rate for the facility's peer group determined under division (D)	85078
of section 5111.24 of the Revised Code.	85079

(3) The rate for capital costs shall be the ~~median~~ rate for	85080
the facility's peer group determined under division (D) of section	85081
5111.25 of the Revised Code.	85082

(4) The rate for tax costs as defined in section 5111.242 of	85083
the Revised Code shall be the median rate for tax costs for the	85084
facility's peer group in which the facility is placed under	85085
division (C) of section 5111.24 of the Revised Code.	85086

(5) The quality incentive payment, if any, shall be the mean	85087
payment ~~specified in division (B) of~~made to nursing facilities	85088
under section 5111.244 of the Revised Code.	85089

(B) Subject to division (C) of this section, the department	85090
shall adjust the rates established under division (A) of this	85091
section effective the first day of July, to reflect new rate	85092
calculations for all nursing facilities under sections 5111.20 to	85093
5111.33 of the Revised Code.	85094

(C) If a rate for direct care costs is determined under this	85095
section for a nursing facility using the median annual average	85096
case-mix score for the nursing facility's peer group, the rate	85097
shall be redetermined to reflect the replacement nursing	85098
facility's actual semiannual case-mix score determined under	85099
section 5111.232 of the Revised Code after the nursing facility	85100
submits its first two quarterly assessment data that qualify for	85101
use in calculating a case-mix score in accordance with rules	85102
authorized by division (E) of section 5111.232 of the Revised	85103
Code. If the nursing facility's quarterly submissions do not	85104
qualify for use in calculating a case-mix score, the department	85105
shall continue to use the median annual average case-mix score for	85106
the nursing facility's peer group in lieu of the nursing	85107
facility's semiannual case-mix score until the nursing facility	85108
submits two consecutive quarterly assessment data that qualify for	85109
use in calculating a case-mix score.	85110

Sec. 5111.258. (A) Notwithstanding sections 5111.20 to	85111
5111.33 of the Revised Code (except section 5111.259 of the	85112
Revised Code), the director of job and family services shall adopt	85113
rules under section 5111.02 of the Revised Code that establish a	85114
methodology for calculating the prospective rates that will be	85115
paid each fiscal year to a provider for each of the provider's	85116
eligible nursing facilities and intermediate care facilities for	85117
the mentally retarded, and discrete units of the provider's	85118
nursing facilities or intermediate care facilities for the	85119
mentally retarded, that serve residents who have diagnoses or	85120
special care needs that require direct care resources that are not	85121
measured adequately by the applicable assessment instrument	85122
specified in rules authorized by section 5111.232 of the Revised	85123
Code, or who have diagnoses or special care needs specified in the	85124
rules as otherwise qualifying for consideration under this	85125
section. The facilities and units of facilities whose rates are	85126
established under this division may include, but shall not be	85127
limited to, any of the following:	85128

(1) In the case of nursing facilities, facilities and units	85129
of facilities that serve medically fragile pediatric residents,	85130
residents who are dependent on ventilators, or residents who have	85131
severe traumatic brain injury, end-stage Alzheimer's disease, or	85132
end-stage acquired immunodeficiency syndrome;	85133

(2) In the case of intermediate care facilities for the	85134
mentally retarded, facilities and units of facilities that serve	85135
residents who have complex medical conditions or severe behavioral	85136
problems.	85137

The department shall use the methodology established under	85138
this division to pay for services rendered by such facilities and	85139
units after June 30, 1993.	85140

The rules authorized by this division shall specify the	85141
criteria and procedures the department will apply when designating	85142
facilities and units that qualify for calculation of rates under	85143
this division. The criteria shall include consideration of whether	85144
all of the allowable costs of the facility or unit would be paid	85145
by rates established under sections 5111.20 to 5111.33 of the	85146
Revised Code, and shall establish a minimum bed size for a	85147
facility or unit to qualify to have its rates established under	85148
this division. The criteria shall not be designed to require that	85149
residents be served only in facilities located in large cities.	85150
The methodology established by the rules shall consider the	85151
historical costs of providing care to the residents of the	85152
facilities or units.	85153

The rules may require that a facility designated under this	85154
division or containing a unit designated under this division	85155
receive authorization from the department to admit or retain a	85156
resident to the facility or unit and shall specify the criteria	85157
and procedures the department will apply when granting that	85158
authorization.	85159

Notwithstanding any other provision of sections 5111.20 to	85160
5111.33 of the Revised Code (except section 5111.259 of the	85161
Revised Code), the costs incurred by facilities or units whose	85162
rates are established under this division shall not be considered	85163
in establishing payment rates for other facilities or units.	85164

(B) The director may adopt rules under section 5111.02 of the	85165
Revised Code under which the department, notwithstanding any other	85166
provision of sections 5111.20 to 5111.33 of the Revised Code	85167
(except section 5111.259 of the Revised Code), may adjust the	85168
rates determined under sections 5111.20 to 5111.33 of the Revised	85169
Code for a facility that serves a resident who has a diagnosis or	85170
special care need that, in the rules authorized by division (A) of	85171
this section, would qualify a facility or unit of a facility to	85172
have its rate determined under that division, but who is not in	85173
such a unit. The rules may require that a facility that qualifies	85174
for a rate adjustment under this division receive authorization	85175
from the department to admit or retain a resident who qualifies	85176
the facility for the rate adjustment and shall specify the	85177
criteria and procedures the department will apply when granting	85178
that authorization.	85179

Sec. 5111.259. The director of job and family services may	85180
submit a request to the United States secretary of health and	85181
human services for approval to establish a centers of excellence	85182
component of the medicaid program. The purpose of the centers of	85183
excellence component is to increase the efficiency and quality of	85184
nursing facility services provided to medicaid recipients with	85185
complex nursing facility service needs. If federal approval for	85186
the centers of excellence component is granted, the director may	85187
adopt rules under section 5111.02 of the Revised Code governing	85188
the component, including rules that establish a method of	85189
determining the medicaid reimbursement rates for nursing	85190
facilities providing nursing facility services to medicaid	85191
recipients participating in the component. The rules may specify	85192
the extent to which, if any, of the provisions of section 5111.258	85193
of the Revised Code are to apply to the centers of excellence	85194
component. If such rules are adopted, the nursing facilities that	85195
provide nursing facility services to medicaid recipients	85196
participating in the centers of excellence component shall be paid	85197
for those services in accordance with the method established in	85198
the rules notwithstanding anything to the contrary in sections	85199
5111.20 to 5111.33 of the Revised Code.	85200

Sec. 5111.261. (A) Except as provided in division (B) of	85201
this section and not later than three years after a provider files	85202
a cost report with the department of job and family services under	85203
section 5111.26 of the Revised Code, the provider may amend the	85204
cost report if the provider discovers a material error in the cost	85205
report or additional information to be included in the cost	85206
report. The department shall review the amended cost report for	85207
accuracy and notify the provider of its determination.	85208

(B) A provider may not amend a cost report if the department	85209
has notified the provider that an audit of the cost report or a	85210
cost report of the provider for a subsequent cost reporting period	85211
is to be conducted under section 5111.27 of the Revised Code. The	85212
provider may, however, provide the department information that	85213
affects the costs included in the cost report. Such information	85214
may not be provided after the adjudication of the final settlement	85215
of the cost report.	85216

~~Sec. 5111.261.~~ Sec. 5111.263. Except as otherwise provided in	85217
section 5111.264 of the Revised Code, the department of job and	85218
family services, in determining whether an intermediate care	85219
facility for the mentally retarded's direct care costs and	85220
indirect care costs are allowable, shall place no limit on	85221
specific categories of reasonable costs other than compensation of	85222
owners, compensation of relatives of owners, and compensation of	85223
administrators.	85224

Compensation cost limits for owners and relatives of owners	85225
shall be based on compensation costs for individuals who hold	85226
comparable positions but who are not owners or relatives of	85227
owners, as reported on facility cost reports. As used in this	85228
section, "comparable position" means the position that is held by	85229
the owner or the owner's relative, if that position is listed	85230
separately on the cost report form, or if the position is not	85231
listed separately, the group of positions that is listed on the	85232
cost report form and that includes the position held by the owner	85233
or the owner's relative. In the case of an owner or owner's	85234
relative who serves the facility in a capacity such as corporate	85235
officer, proprietor, or partner for which no comparable position	85236
or group of positions is listed on the cost report form, the	85237
compensation cost limit shall be based on civil service	85238
equivalents and shall be specified in rules adopted under section	85239
5111.02 of the Revised Code.	85240

Compensation cost limits for administrators shall be based on	85241
compensation costs for administrators who are not owners or	85242
relatives of owners, as reported on facility cost reports.	85243
Compensation cost limits for administrators of four or more	85244
intermediate care facilities for the mentally retarded shall be	85245
the same as the limits for administrators of intermediate care	85246
facilities for the mentally retarded with one hundred fifty or	85247
more beds.	85248

Sec. 5111.27. (A) The department of job and family services	85249
shall conduct a desk review of each cost report it receives under	85250
section 5111.26 of the Revised Code. Based on the desk review, the	85251
department shall make a preliminary determination of whether the	85252
reported costs are allowable costs. The department shall notify	85253
each provider of whether any of the reported costs are	85254
preliminarily determined not to be allowable, the rate calculation	85255
under sections 5111.20 to 5111.33 of the Revised Code that results	85256
from that determination, and the reasons for the determination and	85257
resulting rate. The department shall allow the provider to verify	85258
the calculation and submit additional information.	85259

(B) The department may conduct an audit, as defined by rule	85260
adopted under section 5111.02 of the Revised Code, of any cost	85261
report ~~and shall notify the provider of its findings.~~	85262

~~Audits shall be conducted by auditors under contract with or~~	85263
~~employed by the department~~. The decision whether to conduct an	85264
audit and the scope of the audit, which may be a desk or field	85265
audit, ~~shall~~may be determined based on prior performance of the	85266
provider ~~and may be based on~~, a risk analysis, or other evidence	85267
that gives the department reason to believe that the provider has	85268
reported costs improperly. A desk or field audit may be performed	85269
annually, but is required whenever a provider does not pass the	85270
risk analysis tolerance factors. An audit shall be conducted by	85271
auditors under contract with or employed by the department. The	85272
department shall notify a provider of the findings of an audit by	85273
issuing an audit report. The department shall issue the audit	85274
report no later than three years after the cost report is filed,	85275
or upon the completion of a desk or field audit on the report or a	85276
report for a subsequent cost reporting period, whichever is	85277
earlier. ~~During the time within which the department may issue an~~	85278
~~audit report, the provider may amend the cost report upon~~	85279
~~discovery of a material error or material additional information.~~	85280
~~The department shall review the amended cost report for accuracy~~	85281
~~and notify the provider of its determination.~~	85282

The department may establish a contract for the auditing of	85283
facilities by outside firms. Each contract entered into by bidding	85284
shall be effective for one to two years. The department shall	85285
establish an audit manual and program which shall require that all	85286
field audits, conducted either pursuant to a contract or by	85287
department employees:	85288

(1) Comply with the applicable rules prescribed pursuant to	85289
Titles XVIII and XIX;	85290

(2) Consider generally accepted auditing standards prescribed	85291
by the American institute of certified public accountants;	85292

(3) Include a written summary as to whether the costs	85293
included in the report examined during the audit are allowable and	85294
are presented ~~fairly~~ in accordance with ~~generally accepted~~	85295
~~accounting principles and department rules~~state and federal laws	85296
and regulations, and whether, in all material respects, allowable	85297
costs are documented, reasonable, and related to patient care;	85298

(4) Are conducted by accounting firms or auditors who, during	85299
the period of the auditors' professional engagement or employment	85300
and during the period covered by the cost reports, do not have nor	85301
are committed to acquire any direct or indirect financial interest	85302
in the ownership, financing, or operation of a nursing facility or	85303
intermediate care facility for the mentally retarded in this	85304
state;	85305

(5) Are conducted by accounting firms or auditors who, as a	85306
condition of the contract or employment, shall not audit any	85307
facility that has been a client of the firm or auditor;	85308

(6) Are conducted by auditors who are otherwise independent	85309
as determined by the standards of independence ~~established by~~	85310
included in the ~~American institute of certified public accountants~~	85311
government auditing standards produced by the United States	85312
government accountability office;	85313

(7) Are completed within the time period specified by the	85314
department;	85315

(8) Provide to the provider complete written interpretations	85316
that explain in detail the application of all relevant contract	85317
provisions, regulations, auditing standards, rate formulae, and	85318
departmental policies, with explanations and examples, that are	85319
sufficient to permit the provider to calculate with reasonable	85320
certainty those costs that are allowable and the rate to which the	85321
provider's facility is entitled.	85322

For the purposes of division (B)(4) of this section,	85323
employment of a member of an auditor's family by a nursing	85324
facility or intermediate care facility for the mentally retarded	85325
that the auditor does not review does not constitute a direct or	85326
indirect financial interest in the ownership, financing, or	85327
operation of the facility.	85328

(C) The department, pursuant to rules adopted under section	85329
5111.02 of the Revised Code, may conduct an exception review of	85330
assessment data submitted under section 5111.232 of the Revised	85331
Code. The department may conduct an exception review based on the	85332
findings of a certification survey conducted by the department of	85333
health, a risk analysis, or prior performance of the provider.	85334

Exception reviews shall be conducted at the facility by	85335
appropriate health professionals under contract with or employed	85336
by the department of job and family services. The professionals	85337
may review resident assessment forms and supporting documentation,	85338
conduct interviews, and observe residents to identify any patterns	85339
or trends of inaccurate assessments and resulting inaccurate	85340
case-mix scores.	85341

The rules shall establish an exception review program that	85342
requires that exception reviews do all of the following:	85343

(1) Comply with Titles XVIII and XIX;

85344

(2) Provide a written summary that states whether the	85345
resident assessment forms have been completed accurately;	85346

(3) Are conducted by health professionals who, during the	85347
period of their professional engagement or employment with the	85348
department, neither have nor are committed to acquire any direct	85349
or indirect financial interest in the ownership, financing, or	85350
operation of a nursing facility or intermediate care facility for	85351
the mentally retarded in this state;	85352

(4) Are conducted by health professionals who, as a condition	85353
of their engagement or employment with the department, shall not	85354
review any provider that has been a client of the professional.	85355

For the purposes of division (C)(3) of this section,	85356
employment of a member of a health professional's family by a	85357
nursing facility or intermediate care facility for the mentally	85358
retarded that the professional does not review does not constitute	85359
a direct or indirect financial interest in the ownership,	85360
financing, or operation of the facility.	85361

If an exception review is conducted before the effective date	85362
of the rate that is based on the case-mix data subject to the	85363
review and the review results in findings that exceed tolerance	85364
levels specified in the rules adopted under this division, the	85365
department, in accordance with those rules, may use the findings	85366
to recalculate individual resident case-mix scores, quarterly	85367
average facility case-mix scores, and annual average facility	85368
case-mix scores. The department may use the recalculated quarterly	85369
and annual facility average case-mix scores to calculate the	85370
facility's rate for direct care costs for the appropriate calendar	85371
quarter or quarters.	85372

(D) The department shall prepare a written summary of any	85373
audit disallowance or exception review finding that is made after	85374
the effective date of the rate that is based on the cost or	85375
case-mix data. Where the provider is pursuing judicial or	85376
administrative remedies in good faith regarding the disallowance	85377
or finding, the department shall not withhold from the provider's	85378
current payments any amounts the department claims to be due from	85379
the provider pursuant to section 5111.28 of the Revised Code.	85380

(E) The department shall not reduce rates calculated under	85381
sections 5111.20 to 5111.33 of the Revised Code on the basis that	85382
the provider charges a lower rate to any resident who is not	85383
eligible for the medicaid program.	85384

(F) The department shall adjust the rates calculated under	85385
sections 5111.20 to 5111.33 of the Revised Code to account for	85386
reasonable additional costs that must be incurred by intermediate	85387
care facilities for the mentally retarded to comply with	85388
requirements of federal or state statutes, rules, or policies	85389
enacted or amended after January 1, 1992, or with orders issued by	85390
state or local fire authorities.	85391

Sec. 5111.28. (A) If a provider properly amends its cost	85392
report under section ~~5111.27~~5111.261 of the Revised Code and the	85393
amended report shows that the provider received a lower rate under	85394
the original cost report than it was entitled to receive, the	85395
department of job and family services shall adjust the provider's	85396
rate prospectively to reflect the corrected information. The	85397
department shall pay the adjusted rate beginning two months after	85398
the first day of the month after the provider files the amended	85399
cost report. If the department finds, from an exception review of	85400
resident assessment information conducted after the effective date	85401
of the rate for direct care costs that is based on the assessment	85402
information, that inaccurate assessment information resulted in	85403
the provider receiving a lower rate than it was entitled to	85404
receive, the department prospectively shall adjust the provider's	85405
rate accordingly and shall make payments using the adjusted rate	85406
for the remainder of the calendar quarter for which the assessment	85407
information is used to determine the rate, beginning one month	85408
after the first day of the month after the exception review is	85409
completed.	85410

(B) If the provider properly amends its cost report under	85411
section ~~5111.27~~5111.261 of the Revised Code, the department makes	85412
a finding based on an audit under ~~that~~ section 5111.27 of the	85413
Revised Code, or the department makes a finding based on an	85414
exception review of resident assessment information conducted	85415
under ~~that~~ section 5111.27 of the Revised Code after the effective	85416
date of the rate for direct care costs that is based on the	85417
assessment information, any of which results in a determination	85418
that the provider has received a higher rate than it was entitled	85419
to receive, the department shall recalculate the provider's rate	85420
using the revised information. The department shall apply the	85421
recalculated rate to the periods when the provider received the	85422
incorrect rate to determine the amount of the overpayment. The	85423
provider shall refund the amount of the overpayment.	85424

In addition to requiring a refund under this division, the	85425
department may charge the provider interest at the applicable rate	85426
specified in this division from the time the overpayment was made.	85427

(1) If the overpayment resulted from costs reported for	85428
calendar year 1993, the interest shall be no greater than one and	85429
one-half times the average bank prime rate.	85430

(2) If the overpayment resulted from costs reported for	85431
subsequent calendar years:	85432

(a) The interest shall be no greater than two times the	85433
average bank prime rate if the overpayment was equal to or less	85434
than one per cent of the total medicaid payments to the provider	85435
for the fiscal year for which the incorrect information was used	85436
to establish a rate.	85437

(b) The interest shall be no greater than two and one-half	85438
times the current average bank prime rate if the overpayment was	85439
greater than one per cent of the total medicaid payments to the	85440
provider for the fiscal year for which the incorrect information	85441
was used to establish a rate.	85442

85443

(1) If a provider does not furnish invoices or other	85444
documentation that the department requests during an audit within	85445
sixty days after the request, no more than the greater of one	85446
thousand dollars per audit or twenty-five per cent of the	85447
cumulative amount by which the costs for which documentation was	85448
not furnished increased the total medicaid payments to the	85449
provider during the fiscal year for which the costs were used to	85450
establish a rate;	85451

(2) If an exiting operator or owner fails to provide notice	85452
of a facility closure, voluntary termination, or voluntary	85453
withdrawal of participation in the medicaid program as required by	85454
section 5111.66 of the Revised Code, or an exiting operator or	85455
owner and entering operator fail to provide notice of a change of	85456
operator as required by section 5111.67 of the Revised Code, no	85457
more than the current average bank prime rate plus four per cent	85458
of the last two monthly payments.	85459

(D) If the provider continues to participate in the medicaid	85460
program, the department shall deduct any amount that the provider	85461
is required to refund under this section, and the amount of any	85462
interest charged or penalty imposed under this section, from the	85463
next available payment from the department to the provider. The	85464
department and the provider may enter into an agreement under	85465
which the amount, together with interest, is deducted in	85466
installments from payments from the department to the provider.	85467

(E) The department shall transmit refunds and penalties to	85468
the treasurer of state for deposit in the general revenue fund.	85469

(F) For the purpose of this section, the department shall	85470
determine the average bank prime rate using statistical release	85471
H.15, "selected interest rates," a weekly publication of the	85472
federal reserve board, or any successor publication. If	85473
statistical release H.15, or its successor, ceases to contain the	85474
bank prime rate information or ceases to be published, the	85475
department shall request a written statement of the average bank	85476
prime rate from the federal reserve bank of Cleveland or the	85477
federal reserve board.	85478

Sec. 5111.33. ~~Reimbursement to a provider under sections~~	85479
~~5111.20 to 5111.32 of the Revised Code shall include payments to~~	85480
~~the provider, at a rate equal to the percentage of the per~~	85481
~~resident per day rates that the~~(A) The department of job and	85482
family services ~~has established for the provider's nursing~~	85483
~~facility or intermediate care facility for the mentally retarded~~	85484
may make payments to a provider under sections 5111.20 to 5111.33	85485
of the Revised Code ~~for the fiscal year for which the cost of~~	85486
~~services is reimbursed,~~ to reserve a bed for a recipient during a	85487
temporary absence under conditions prescribed by the department,	85488
to include hospitalization for an acute condition, visits with	85489
relatives and friends, and participation in therapeutic programs	85490
outside the facility, when the resident's plan of care provides	85491
for such absence and federal participation in the payments is	85492
available. ~~The~~	85493

(B) The maximum period ~~during~~for which payments may be made	85494
to reserve a bed shall not exceed the ~~maximum period specified~~	85495
~~under federal regulations, and shall not be more than~~following:	85496

(1) For calendar year 2011 and in the case of a bed in a	85497
nursing facility, thirty days ~~during any calendar year for~~	85498
~~hospital stays, visits with relatives and friends, and~~	85499
~~participation in therapeutic programs~~;	85500

(2) For calendar year 2012 and each calendar year thereafter	85501
and in the case of a bed in a nursing facility, fifteen days;	85502

(3) For any calendar year and in the case of a bed in an	85503
intermediate care facility for the mentally retarded, the number	85504
of days specified in rules adopted under section 5111.02 of the	85505
Revised Code. ~~Recipients who have been identified by the~~	85506
~~department as requiring the level of care of an intermediate care~~	85507
~~facility for the mentally retarded shall not be subject to a~~	85508
~~maximum period during which payments may be made to reserve a bed~~	85509
~~if prior authorization of the department is obtained for hospital~~	85510
~~stays, visits with relatives and friends, and participation in~~	85511
~~therapeutic programs. The director of job and family services~~	85512
~~shall adopt rules under section 5111.02 of the Revised Code~~	85513
~~establishing conditions under which prior authorization may be~~	85514
~~obtained.~~	85515

(C) The department shall establish the per diem rates to be	85516
paid to providers for reserving beds under this section. In	85517
establishing the per diem rates, the department shall do the	85518
following:	85519

(1) In the case of a payment to reserve a bed in a nursing	85520
facility for a day during calendar year 2011, set the per diem	85521
rate at an amount not exceeding fifty per cent of the per diem	85522
rate the provider would be paid if the recipient were not absent	85523
from the nursing facility that day;	85524

(2) In the case of a payment to reserve a bed in a nursing	85525
facility for a day during calendar year 2012 and each calendar	85526
year thereafter, set the per diem rate at an amount not exceeding	85527
twenty-five per cent of the per diem rate the provider would be	85528
paid if the recipient were not absent from the nursing facility	85529
that day;	85530

(3) In the case of a payment to reserve a bed in an	85531
intermediate care facility for the mentally retarded for a day	85532
during any calendar year, set the per diem rate at an amount equal	85533
to a percentage specified in rules adopted under section 5111.02	85534
of the Revised Code of the per diem rate the provider would be	85535
paid if the recipient were not absent from the facility that day.	85536

Sec. 5111.35. As used in this section "a resident's rights"	85537
means the rights of a nursing facility resident under sections	85538
3721.10 to 3721.17 of the Revised Code and subsection (c) of	85539
section 1819 or 1919 of the "Social Security Act," 49 Stat. 620	85540
(1935), 42 U.S.C.A. 301, as amended, and regulations issued under	85541
those subsections.	85542

As used in sections 5111.35 to 5111.62 of the Revised Code:

85543

(A) "Certification requirements" means the requirements for	85544
nursing facilities established under sections 1819 and 1919 of the	85545
"Social Security Act."	85546

(B) "Compliance" means substantially meeting all applicable	85547
certification requirements.	85548

(C) "Contracting agency" means a state agency that has	85549
entered into a contract with the department of job and family	85550
services under section 5111.38 of the Revised Code.	85551

(D)(1) "Deficiency" means a finding cited by the department	85552
of health during a survey, on the basis of one or more actions,	85553
practices, situations, or incidents occurring at a nursing	85554
facility, that constitutes a severity level three finding,	85555
severity level four finding, scope level three finding, or scope	85556
level four finding. Whenever the finding is a repeat finding,	85557
"deficiency" also includes any finding that is a severity level	85558
two and scope level one finding, a severity level two and scope	85559
level two finding, or a severity level one and scope level two	85560
finding.	85561

(2) "Cluster of deficiencies" means deficiencies that result	85562
from noncompliance with two or more certification requirements and	85563
are causing or resulting from the same action, practice,	85564
situation, or incident.	85565

(E) "Emergency" means either of the following:

85566

(1) A deficiency or cluster of deficiencies that creates a	85567
condition of immediate jeopardy;	85568

(2) An unexpected situation or sudden occurrence of a serious	85569
or urgent nature that creates a substantial likelihood that one or	85570
more residents of a nursing facility may be seriously harmed if	85571
allowed to remain in the facility, including the following:	85572

(a) A flood or other natural disaster, civil disaster, or	85573
similar event;	85574

(b) A labor strike that suddenly causes the number of staff	85575
members in a nursing facility to be below that necessary for	85576
resident care.	85577

(F) "Finding" means a finding of noncompliance with	85578
certification requirements determined by the department of health	85579
under section 5111.41 of the Revised Code.	85580

(G) "Immediate jeopardy" means that one or more residents of	85581
a nursing facility are in imminent danger of serious physical or	85582
life-threatening harm.	85583

(H) "Medicaid eligible resident" means a person who is a	85584
resident of a nursing facility, or is applying for admission to a	85585
nursing facility, and is eligible to receive financial assistance	85586
under the medical assistance program for the care the person	85587
receives in such a facility.	85588

(I) "Noncompliance" means failure to substantially meet all	85589
applicable certification requirements.	85590

(J) "Nursing facility" has the same meaning as in section	85591
5111.20 of the Revised Code.	85592

(K) "Provider" means a person, institution, or entity that	85593
furnishes nursing facility services under a medical assistance	85594
program provider agreement.	85595

(L) "Provider agreement" means a contract between the	85596
department of job and family services and a provider for the	85597
provision of nursing facility services under the medicaid program.	85598

(M) "Repeat finding" or "repeat deficiency" means a finding	85599
or deficiency cited pursuant to a survey, to which both of the	85600
following apply:	85601

(1) The finding or deficiency involves noncompliance with the	85602
same certification requirement, and the same kind of actions,	85603
practices, situations, or incidents caused by or resulting from	85604
the noncompliance, as were cited in the immediately preceding	85605
standard survey or another survey conducted subsequent to the	85606
immediately preceding standard survey of the facility. For	85607
purposes of this division, actions, practices, situations, or	85608
incidents may be of the same kind even though they involve	85609
different residents, staff, or parts of the facility.	85610

(2) The finding or deficiency is cited subsequent to a	85611
determination by the department of health that the finding or	85612
deficiency cited on the immediately preceding standard survey, or	85613
another survey conducted subsequent to the immediately preceding	85614
standard survey, had been corrected.	85615

~~(M)~~(N)(1) "Scope level one finding" means a finding of	85616
noncompliance by a nursing facility in which the actions,	85617
situations, practices, or incidents causing or resulting from the	85618
noncompliance affect one or a very limited number of facility	85619
residents and involve one or a very limited number of facility	85620
staff members.	85621

(2) "Scope level two finding" means a finding of	85622
noncompliance by a nursing facility in which the actions,	85623
situations, practices, or incidents causing or resulting from the	85624
noncompliance affect more than a limited number of facility	85625
residents or involve more than a limited number of facility staff	85626
members, but the number or percentage of facility residents	85627
affected or staff members involved and the number or frequency of	85628
the actions, situations, practices, or incidents in short	85629
succession does not establish any reasonable degree of	85630
predictability of similar actions, situations, practices, or	85631
incidents occurring in the future.	85632

(3) "Scope level three finding" means a finding of	85633
noncompliance by a nursing facility in which the actions,	85634
situations, practices, or incidents causing or resulting from the	85635
noncompliance affect more than a limited number of facility	85636
residents or involve more than a limited number of facility staff	85637
members, and the number or percentage of facility residents	85638
affected or staff members involved or the number or frequency of	85639
the actions, situations, practices, or incidents in short	85640
succession establishes a reasonable degree of predictability of	85641
similar actions, situations, practices, or incidents occurring in	85642
the future.	85643

(4) "Scope level four finding" means a finding of	85644
noncompliance by a nursing facility causing or resulting from	85645
actions, situations, practices, or incidents that involve a	85646
sufficient number or percentage of facility residents or staff	85647
members or occur with sufficient regularity over time that the	85648
noncompliance can be considered systemic or pervasive in the	85649
facility.	85650

~~(N)~~(O)(1) "Severity level one finding" means a finding of	85651
noncompliance by a nursing facility that has not caused and, if	85652
continued, is unlikely to cause physical harm to a facility	85653
resident, mental or emotional harm to a resident, or a violation	85654
of a resident's rights that results in physical, mental, or	85655
emotional harm to the resident.	85656

(2) "Severity level two finding" means a finding of	85657
noncompliance by a nursing facility that, if continued over time,	85658
will cause, or is likely to cause, physical harm to a facility	85659
resident, mental or emotional harm to a resident, or a violation	85660
of a resident's rights that results in physical, mental, or	85661
emotional harm to the resident.	85662

(3) "Severity level three finding" means a finding of	85663
noncompliance by a nursing facility that has caused physical harm	85664
to a facility resident, mental or emotional harm to a resident, or	85665
a violation of a resident's rights that results in physical,	85666
mental, or emotional harm to the resident.	85667

(4) "Severity level four finding" means a finding of	85668
noncompliance by a nursing facility that has caused	85669
life-threatening harm to a facility resident or caused a	85670
resident's death.	85671

~~(O)~~(P) "State agency" has the same meaning as in section 1.60	85672
of the Revised Code.	85673

~~(P)~~(Q) "Substandard care" means care furnished in a facility	85674
in which the department of health has cited a deficiency or	85675
deficiencies that constitute one of the following:	85676

(1) A severity level four finding, regardless of scope;

85677

(2) A severity level three and scope level four finding, in	85678
the quality of care provided to residents;	85679

(3) A severity level three and scope level three finding, in	85680
the quality of care provided to residents.	85681

~~(Q)~~(R)(1) "Survey" means a survey of a nursing facility	85682
conducted under section 5111.39 of the Revised Code.	85683

(2) "Standard survey" means a survey conducted by the	85684
department of health under division (A) of section 5111.39 of the	85685
Revised Code and includes an extended survey.	85686

(3) "Follow-up survey" means a survey conducted by the	85687
department of health to determine whether a nursing facility has	85688
substantially corrected deficiencies cited in a previous survey.	85689

Sec. 5111.52. (A) As used in this section:

85690

~~(1) "Provider agreement" means a contract between the~~	85691
~~department of job and family services and a nursing facility for~~	85692
~~the provision of nursing facility services under the medical~~	85693
~~assistance program.~~	85694

~~(2) "Terminating"~~, "terminating" includes not renewing.

85695

(B) A nursing facility's participation in the medical	85696
assistance program shall be terminated under sections 5111.35 to	85697
5111.62 of the Revised Code as follows:	85698

(1) If the department of job and family services is	85699
terminating the facility's participation, it shall issue an order	85700
terminating the facility's provider agreement.	85701

(2) If the department of health, acting as a contracting	85702
agency, is terminating the facility's participation, it shall	85703
issue an order terminating certification of the facility's	85704
compliance with certification requirements. When the department of	85705
health terminates certification, the department of job and family	85706
services shall terminate the facility's provider agreement. The	85707
department of job and family services is not required to provide	85708
an adjudication hearing when it terminates a provider agreement	85709
following termination of certification by the department of	85710
health.	85711

(3) If a state agency other than the department of health,	85712
acting as a contracting agency, is terminating the facility's	85713
participation, it shall notify the department of job and family	85714
services, and the department of job and family services shall	85715
issue an order terminating the facility's provider agreement. The	85716
contracting agency shall conduct any administrative proceedings	85717
concerning the order.	85718

(C) If the following conditions are met, the department of	85719
job and family services may make medical assistance payments to a	85720
nursing facility for a period not exceeding thirty days after the	85721
effective date of termination under sections 5111.35 to 5111.62 of	85722
the Revised Code of the facility's participation in the medical	85723
assistance program:	85724

(1) The payments are for medicaid eligible residents admitted	85725
to the facility prior to the effective date of the termination;	85726

(2) The provider is making reasonable efforts to transfer	85727
medicaid eligible residents to other care settings.	85728

The period during which payments may be made under this	85729
division begins on the later of the effective date of the	85730
termination or, if the facility has appealed a termination order,	85731
the date of issuance of the adjudication order upholding	85732
termination.	85733

Sec. 5111.65. As used in sections 5111.65 to 5111.689 of the	85734
Revised Code:	85735

(A) "Affiliated operator" means an operator affiliated with	85736
either of the following:	85737

(1) The exiting operator for whom the affiliated operator is	85738
to assume liability for the entire amount of the exiting	85739
operator's debt under the medicaid program or the portion of the	85740
debt that represents the franchise permit fee the exiting operator	85741
owes;	85742

(2) The entering operator involved in the change of operator	85743
with the exiting operator specified in division (A)(1) of this	85744
section.	85745

(B) "Change of operator" means an entering operator becoming	85746
the operator of a nursing facility or intermediate care facility	85747
for the mentally retarded in the place of the exiting operator.	85748

(1) Actions that constitute a change of operator include the	85749
following:	85750

(a) A change in an exiting operator's form of legal	85751
organization, including the formation of a partnership or	85752
corporation from a sole proprietorship;	85753

(b) A transfer of all the exiting operator's ownership	85754
interest in the operation of the facility to the entering	85755
operator, regardless of whether ownership of any or all of the	85756
real property or personal property associated with the facility is	85757
also transferred;	85758

(c) A lease of the facility to the entering operator or the	85759
exiting operator's termination of the exiting operator's lease;	85760

(d) If the exiting operator is a partnership, dissolution of	85761
the partnership;	85762

(e) If the exiting operator is a partnership, a change in	85763
composition of the partnership unless both of the following apply:	85764

(i) The change in composition does not cause the	85765
partnership's dissolution under state law.	85766

(ii) The partners agree that the change in composition does	85767
not constitute a change in operator.	85768

(f) If the operator is a corporation, dissolution of the	85769
corporation, a merger of the corporation into another corporation	85770
that is the survivor of the merger, or a consolidation of one or	85771
more other corporations to form a new corporation.	85772

(2) The following, alone, do not constitute a change of	85773
operator:	85774

(a) A contract for an entity to manage a nursing facility or	85775
intermediate care facility for the mentally retarded as the	85776
operator's agent, subject to the operator's approval of daily	85777
operating and management decisions;	85778

(b) A change of ownership, lease, or termination of a lease	85779
of real property or personal property associated with a nursing	85780
facility or intermediate care facility for the mentally retarded	85781
if an entering operator does not become the operator in place of	85782
an exiting operator;	85783

(c) If the operator is a corporation, a change of one or more	85784
members of the corporation's governing body or transfer of	85785
ownership of one or more shares of the corporation's stock, if the	85786
same corporation continues to be the operator.	85787

(C) "Effective date of a change of operator" means the day	85788
the entering operator becomes the operator of the nursing facility	85789
or intermediate care facility for the mentally retarded.	85790

(D) "Effective date of a facility closure" means the last day	85791
that the last of the residents of the nursing facility or	85792
intermediate care facility for the mentally retarded resides in	85793
the facility.	85794

(E) "Effective date of an involuntary termination" means the	85795
date the department of job and family services terminates an	85796
operator's provider agreement for a nursing facility or	85797
intermediate care facility for the mentally retarded or the last	85798
day that such a provider agreement is in effect when the	85799
department refuses to renew it.	85800

(F) "Effective date of a voluntary termination" means the day	85801
the intermediate care facility for the mentally retarded ceases to	85802
accept medicaid patients.	85803

~~(F)~~(G) "Effective date of a voluntary withdrawal of	85804
participation" means the day the nursing facility ceases to accept	85805
new medicaid patients other than the individuals who reside in the	85806
nursing facility on the day before the effective date of the	85807
voluntary withdrawal of participation.	85808

~~(G)~~(H) "Entering operator" means the person or government	85809
entity that will become the operator of a nursing facility or	85810
intermediate care facility for the mentally retarded when a change	85811
of operator occurs or following an involuntary termination.	85812

~~(H)~~(I) "Exiting operator" means any of the following:

85813

(1) An operator that will cease to be the operator of a	85814
nursing facility or intermediate care facility for the mentally	85815
retarded on the effective date of a change of operator;	85816

(2) An operator that will cease to be the operator of a	85817
nursing facility or intermediate care facility for the mentally	85818
retarded on the effective date of a facility closure;	85819

(3) An operator of an intermediate care facility for the	85820
mentally retarded that is undergoing or has undergone a voluntary	85821
termination;	85822

(4) An operator of a nursing facility that is undergoing or	85823
has undergone a voluntary withdrawal of participation;	85824

(5) An operator of a nursing facility or intermediate care	85825
facility for the mentally retarded that has undergone an	85826
involuntary termination.	85827

~~(I)~~(J)(1) ~~"Facility~~Subject to division (J)(2) of this	85828
section, "facility closure" means discontinuance of the use of the	85829
building, or part of the building, that houses the facility as a	85830
nursing facility or intermediate care facility for the mentally	85831
retarded that results in the relocation of all of the facility's	85832
residents. A facility closure occurs regardless of any of the	85833
following:	85834

(a) The operator completely or partially replacing the	85835
facility by constructing a new facility or transferring the	85836
facility's license to another facility;	85837

(b) The facility's residents relocating to another of the	85838
operator's facilities;	85839

(c) Any action the department of health takes regarding the	85840
facility's certification under Title XIX of the "Social Security	85841
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended, that may	85842
result in the transfer of part of the facility's survey findings	85843
to another of the operator's facilities;	85844

(d) Any action the department of health takes regarding the	85845
facility's license under Chapter 3721. of the Revised Code;	85846

(e) Any action the department of developmental disabilities	85847
takes regarding the facility's license under section 5123.19 of	85848
the Revised Code.	85849

(2) A facility closure does not occur if ~~all~~either of the	85850
following applies:	85851

(a) All of the facility's residents are relocated due to an	85852
emergency evacuation and one or more of the residents return to a	85853
medicaid-certified bed in the facility not later than thirty days	85854
after the evacuation occurs;	85855

(b) The building, or part of the building, that houses the	85856
facility converts to a different use, any necessary license or	85857
other approval needed for that use is obtained, and one or more of	85858
the facility's residents remain in the facility to receive	85859
services under the new use.	85860

~~(J)~~(K) "Fiscal year," "franchise permit fee," "intermediate	85861
care facility for the mentally retarded," "nursing facility,"	85862
"operator," "owner," and "provider agreement" have the same	85863
meanings as in section 5111.20 of the Revised Code.	85864

~~(K)~~(L) "Involuntary termination" means the department of job	85865
and family services' termination of, or refusal to renew, an	85866
operator's provider agreement for a nursing facility or	85867
intermediate care facility for the mentally retarded when such	85868
action is not taken at the operator's request.	85869

(M) "Voluntary termination" means an operator's voluntary	85870
election to terminate the participation of an intermediate care	85871
facility for the mentally retarded in the medicaid program but to	85872
continue to provide service of the type provided by a residential	85873
facility as defined in section 5123.19 of the Revised Code.	85874

~~(L)~~(N) "Voluntary withdrawal of participation" means an	85875
operator's voluntary election to terminate the participation of a	85876
nursing facility in the medicaid program but to continue to	85877
provide service of the type provided by a nursing facility.	85878

Sec. 5111.66. An exiting operator or owner of a nursing	85879
facility or intermediate care facility for the mentally retarded	85880
participating in the medicaid program shall provide the department	85881
of job and family services written notice of a facility closure,	85882
voluntary termination, or voluntary withdrawal of participation	85883
not less than ninety days before the effective date of the	85884
facility closure, voluntary termination, or voluntary withdrawal	85885
of participation. The written notice shall be provided to the	85886
department in accordance with the method specified in rules	85887
adopted under section 5111.689 of the Revised Code.	85888

The written notice shall include all of the following:

85889

(A) The name of the exiting operator and, if any, the exiting	85890
operator's authorized agent;	85891

(B) The name of the nursing facility or intermediate care	85892
facility for the mentally retarded that is the subject of the	85893
written notice;	85894

(C) The exiting operator's medicaid provider agreement number	85895
for the facility that is the subject of the written notice;	85896

(D) The effective date of the facility closure, voluntary	85897
termination, or voluntary withdrawal of participation;	85898

(E) The signature of the exiting operator's or owner's	85899
representative.	85900

Sec. 5111.67. (A) An exiting operator or owner and entering	85901
operator shall provide the department of job and family services	85902
written notice of a change of operator if the nursing facility or	85903
intermediate care facility for the mentally retarded participates	85904
in the medicaid program and the entering operator seeks to	85905
continue the facility's participation. The written notice shall be	85906
provided to the department in accordance with the method specified	85907
in rules adopted under section 5111.689 of the Revised Code. The	85908
written notice shall be provided to the department not later than	85909
forty-five days before the effective date of the change of	85910
operator if the change of operator does not entail the relocation	85911
of residents. The written notice shall be provided to the	85912
department not later than ninety days before the effective date of	85913
the change of operator if the change of operator entails the	85914
relocation of residents. ~~The~~	85915

The written notice shall include all of the following:

85916

(1) The name of the exiting operator and, if any, the exiting	85917
operator's authorized agent;	85918

(2) The name of the nursing facility or intermediate care	85919
facility for the mentally retarded that is the subject of the	85920
change of operator;	85921

(3) The exiting operator's ~~medicaid provider agreement~~	85922
seven-digit medicaid legacy number and ten-digit national provider	85923
identifier number for the facility that is the subject of the	85924
change of operator;	85925

(4) The name of the entering operator;

85926

(5) The effective date of the change of operator;

85927

(6) The manner in which the entering operator becomes the	85928
facility's operator, including through sale, lease, merger, or	85929
other action;	85930

(7) If the manner in which the entering operator becomes the	85931
facility's operator involves more than one step, a description of	85932
each step;	85933

(8) Written authorization from the exiting operator or owner	85934
and entering operator for the department to process a provider	85935
agreement for the entering operator;	85936

(9) The names and addresses of the persons to whom the	85937
department should send initial correspondence regarding the change	85938
of operator;	85939

(10) If the nursing facility also participates in the	85940
medicare program, notification of whether the entering operator	85941
intends to accept assignment of the exiting operator's medicare	85942
provider agreement;	85943

(11) The signature of the exiting operator's or owner's	85944
representative.	85945

(B) ~~The entering operator shall include a completed~~	85946
~~application for a provider agreement with the written notice to~~	85947
~~the department. The entering operator shall attach to the~~	85948
~~application the following:~~	85949

~~(1) If the written notice is provided to the department~~	85950
~~before the date the exiting operator or owner and entering~~	85951
~~operator complete the transaction for the change of operator, all~~	85952
~~the proposed leases, management agreements, merger agreements and~~	85953
~~supporting documents, and sales contracts and supporting documents~~	85954
~~relating to the facility's change of operator;~~	85955

~~(2) If the written notice is provided to the department on or~~	85956
~~after the date the exiting operator or owner and entering operator~~	85957
~~complete the transaction for the change of operator, copies of all~~	85958
~~the executed leases, management agreements, merger agreements and~~	85959
~~supporting documents, and sales contracts and supporting documents~~	85960
~~relating to the facility's change of operator.~~An exiting operator	85961
or owner and entering operator immediately shall provide the	85962
department written notice of any changes to information included	85963
in a written notice of a change of operator that occur after that	85964
notice is provided to the department. The notice of the changes	85965
shall be provided to the department in accordance with the method	85966
specified in rules adopted under section 5111.689 of the Revised	85967
Code.	85968

Sec. 5111.671. The department of job and family services may	85969
enter into a provider agreement with an entering operator that	85970
goes into effect at 12:01 a.m. on the effective date of the change	85971
of operator if all of the following requirements are met:	85972

(A) The department receives a properly completed written	85973
notice required by section 5111.67 of the Revised Code on or	85974
before the date required by that section.	85975

(B) The ~~entering operator furnishes to the~~ department ~~copies~~	85976
~~of all the fully executed leases, management agreements, merger~~	85977
~~agreements and supporting documents, and sales contracts and~~	85978
~~supporting documents relating to the change of operator not later~~	85979
~~than ten days after the effective date of the change of operator~~	85980
receives both of the following in accordance with the method	85981
specified in rules adopted under section 5111.689 of the Revised	85982
Code and not later than ten days after the effective date of the	85983
change of operator:	85984

(1) From the entering operator, a completed application for a	85985
provider agreement and all other forms and documents specified in	85986
rules adopted under section 5111.689 of the Revised Code;	85987

(2) From the exiting operator or owner, all forms and	85988
documents specified in rules adopted under section 5111.689 of the	85989
Revised Code.	85990

(C) The entering operator is eligible for medicaid payments	85991
as provided in section 5111.21 of the Revised Code.	85992

Sec. 5111.672. (A) The department of job and family services	85993
may enter into a provider agreement with an entering operator that	85994
goes into effect at 12:01 a.m. on the date determined under	85995
division (B) of this section if all of the following are the case:	85996

(1) The department receives a properly completed written	85997
notice required by section 5111.67 of the Revised Code after the	85998
time required by that section.	85999

(2) The ~~entering operator furnishes to the~~ department ~~copies~~	86000
~~of all the fully executed leases, management agreements, merger~~	86001
~~agreements and supporting documents, and sales contracts and~~	86002
~~supporting documents relating to the change of operator~~receives	86003
both of the following in accordance with the method specified in	86004
rules adopted under section 5111.689 of the Revised Code and more	86005
than ten days after the effective date of the change of operator:	86006

(a) From the entering operator, a completed application for a	86007
provider agreement and all other forms and documents specified in	86008
rules adopted under section 5111.689 of the Revised Code;	86009

(b) From the exiting operator or owner, all forms and	86010
documents specified in rules adopted under section 5111.689 of the	86011
Revised Code.	86012

(3) ~~The requirement of division (A)(1) of this section is met~~	86013
~~after the time required by section 5111.67 of the Revised Code,~~	86014
~~the requirement of division (A)(2) of this section is met more~~	86015
~~than ten days after the effective date of the change of operator,~~	86016
~~or both.~~	86017

~~(4)~~ The entering operator is eligible for medicaid payments	86018
as provided in section 5111.21 of the Revised Code.	86019

(B) The department shall determine the date a provider	86020
agreement entered into under this section is to go into effect as	86021
follows:	86022

(1) The effective date shall give the department sufficient	86023
time to process the change of operator, assure no duplicate	86024
payments are made, and make the withholding required by section	86025
5111.681 of the Revised Code~~, and withhold the final payment to~~	86026
~~the exiting operator until one hundred eighty days after either of~~	86027
~~the following:~~	86028

~~(a) The date that the exiting operator submits to the~~	86029
~~department a properly completed cost report under section 5111.682~~	86030
~~of the Revised Code;~~	86031

~~(b) The date that the department waives the cost report~~	86032
~~requirement of section 5111.682 of the Revised Code~~.	86033

(2) The effective date shall be not earlier than the later of	86034
the effective date of the change of operator or the date that the	86035
exiting operator or owner and entering operator comply with	86036
section 5111.67 of the Revised Code and division (A)(2) of this	86037
section.	86038

(3) The effective date shall be not later than the following	86039
after the later of the dates specified in division (B)(2) of this	86040
section:	86041

(a) Forty-five days if the change of operator does not entail	86042
the relocation of residents;	86043

(b) Ninety days if the change of operator entails the	86044
relocation of residents.	86045

Sec. 5111.68. (A) On receipt of a written notice under	86046
section 5111.66 of the Revised Code of a facility closure,	86047
voluntary termination, or voluntary withdrawal of participation	86048
or, on receipt of a written notice under section 5111.67 of the	86049
Revised Code of a change of operator, or on the effective date of	86050
an involuntary termination, the department of job and family	86051
services shall estimate the amount of any overpayments made under	86052
the medicaid program to the exiting operator, including	86053
overpayments the exiting operator disputes, and other actual and	86054
potential debts the exiting operator owes or may owe to the	86055
department and United States centers for medicare and medicaid	86056
services under the medicaid program, including a franchise permit	86057
fee.	86058

(B) In estimating the exiting operator's other actual and	86059
potential debts to the department and the United States centers	86060
for medicare and medicaid services under the medicaid program, the	86061
department shall use a debt estimation methodology the director of	86062
job and family services shall establish in rules adopted under	86063
section 5111.689 of the Revised Code. The methodology shall	86064
provide for estimating all of the following that the department	86065
determines are applicable:	86066

(1) Refunds due the department under section 5111.27 of the	86067
Revised Code;	86068

(2) Interest owed to the department and United States centers	86069
for medicare and medicaid services;	86070

(3) Final civil monetary and other penalties for which all	86071
right of appeal has been exhausted;	86072

(4) Money owed the department and United States centers for	86073
medicare and medicaid services from any outstanding final fiscal	86074
audit, including a final fiscal audit for the last fiscal year or	86075
portion thereof in which the exiting operator participated in the	86076
medicaid program;	86077

(5) Other amounts the department determines are applicable.

86078

(C) The department shall provide the exiting operator written	86079
notice of the department's estimate under division (A) of this	86080
section not later than thirty days after the department receives	86081
the notice under section 5111.66 of the Revised Code of the	86082
facility closure, voluntary termination, or voluntary withdrawal	86083
of participation or; the department receives the notice under	86084
section 5111.67 of the Revised Code of the change of operator; or	86085
the effective date of the involuntary termination. The	86086
department's written notice shall include the basis for the	86087
estimate.	86088

Sec. 5111.681. (A) Except as provided in divisions (B) ~~and~~,	86089
(C), and (D) of this section, the department of job and family	86090
services may withhold from payment due an exiting operator under	86091
the medicaid program the total amount specified in the notice	86092
provided under division (C) of section 5111.68 of the Revised Code	86093
that the exiting operator owes or may owe to the department and	86094
United States centers for medicare and medicaid services under the	86095
medicaid program.	86096

(B) In the case of a change of operator and subject to	86097
division ~~(D)~~(E) of this section, the following shall apply	86098
regarding a withholding under division (A) of this section if the	86099
exiting operator or entering operator or an affiliated operator	86100
executes a successor liability agreement meeting the requirements	86101
of division ~~(E)~~(F) of this section:	86102

(1) If the exiting operator, entering operator, or affiliated	86103
operator assumes liability for the total, actual amount of debt	86104
the exiting operator owes the department and the United States	86105
centers for medicare and medicaid services under the medicaid	86106
program as determined under section 5111.685 of the Revised Code,	86107
the department shall not make the withholding.	86108

(2) If the exiting operator, entering operator, or affiliated	86109
operator assumes liability for only the portion of the amount	86110
specified in division (B)(1) of this section that represents the	86111
franchise permit fee the exiting operator owes, the department	86112
shall withhold not more than the difference between the total	86113
amount specified in the notice provided under division (C) of	86114
section 5111.68 of the Revised Code and the amount for which the	86115
exiting operator, entering operator, or affiliated operator	86116
assumes liability.	86117

(C) In the case of a voluntary termination, voluntary	86118
withdrawal of participation, or facility closure and subject to	86119
division ~~(D)~~(E) of this section, the following shall apply	86120
regarding a withholding under division (A) of this section if the	86121
exiting operator or an affiliated operator executes a successor	86122
liability agreement meeting the requirements of division ~~(E)~~(F) of	86123
this section:	86124

(1) If the exiting operator or affiliated operator assumes	86125
liability for the total, actual amount of debt the exiting	86126
operator owes the department and the United States centers for	86127
medicare and medicaid services under the medicaid program as	86128
determined under section 5111.685 of the Revised Code, the	86129
department shall not make the withholding.	86130

(2) If the exiting operator or affiliated operator assumes	86131
liability for only the portion of the amount specified in division	86132
(C)(1) of this section that represents the franchise permit fee	86133
the exiting operator owes, the department shall withhold not more	86134
than the difference between the total amount specified in the	86135
notice provided under division (C) of section 5111.68 of the	86136
Revised Code and the amount for which the exiting operator or	86137
affiliated operator assumes liability.	86138

(D) In the case of an involuntary termination and subject to	86139
division (E) of this section, the following shall apply regarding	86140
a withholding under division (A) of this section if the exiting	86141
operator, the entering operator, or an affiliated operator	86142
executes a successor liability agreement meeting the requirements	86143
of division (F) of this section and the department approves the	86144
successor liability agreement:	86145

(1) If the exiting operator, entering operator, or affiliated	86146
operator assumes liability for the total, actual amount of debt	86147
the exiting operator owes the department and the United States	86148
centers for medicare and medicaid services under the medicaid	86149
program as determined under section 5111.685 of the Revised Code,	86150
the department shall not make the withholding.	86151

(2) If the exiting operator, entering operator, or affiliated	86152
operator assumes liability for only the portion of the amount	86153
specified in division (D)(1) of this section that represents the	86154
franchise permit fee the exiting operator owes, the department	86155
shall withhold not more than the difference between the total	86156
amount specified in the notice provided under division (C) of	86157
section 5111.68 of the Revised Code and the amount for which the	86158
exiting operator, entering operator, or affiliated operator	86159
assumes liability.	86160

(E) For an exiting operator or affiliated operator to be	86161
eligible to enter into a successor liability agreement under	86162
division (B) or, (C), or (D) of this section, both of the	86163
following must apply:	86164

(1) The exiting operator or affiliated operator must have one	86165
or more valid provider agreements, other than the provider	86166
agreement for the nursing facility or intermediate care facility	86167
for the mentally retarded that is the subject of the involuntary	86168
termination, voluntary termination, voluntary withdrawal of	86169
participation, facility closure, or change of operator;	86170

(2) During the twelve-month period preceding either the	86171
effective date of the involuntary termination or the month in	86172
which the department receives the notice of the voluntary	86173
termination, voluntary withdrawal of participation, or facility	86174
closure under section 5111.66 of the Revised Code or the notice of	86175
the change of operator under section 5111.67 of the Revised Code,	86176
the average monthly medicaid payment made to the exiting operator	86177
or affiliated operator pursuant to the exiting operator's or	86178
affiliated operator's one or more provider agreements, other than	86179
the provider agreement for the nursing facility or intermediate	86180
care facility for the mentally retarded that is the subject of the	86181
involuntary termination, voluntary termination, voluntary	86182
withdrawal of participation, facility closure, or change of	86183
operator, must equal at least ninety per cent of the sum of the	86184
following:	86185

(a) The average monthly medicaid payment made to the exiting	86186
operator pursuant to the exiting operator's provider agreement for	86187
the nursing facility or intermediate care facility for the	86188
mentally retarded that is the subject of the involuntary	86189
termination, voluntary termination, voluntary withdrawal of	86190
participation, facility closure, or change of operator;	86191

(b) Whichever of the following apply:

86192

(i) If the exiting operator or affiliated operator has	86193
assumed liability under one or more other successor liability	86194
agreements, the total amount for which the exiting operator or	86195
affiliated operator has assumed liability under the other	86196
successor liability agreements;	86197

(ii) If the exiting operator or affiliated operator has not	86198
assumed liability under any other successor liability agreements,	86199
zero.	86200

~~(E)~~(F) A successor liability agreement executed under this	86201
section must comply with all of the following:	86202

(1) It must provide for the operator who executes the	86203
successor liability agreement to assume liability for either of	86204
the following as specified in the agreement:	86205

(a) The total, actual amount of debt the exiting operator	86206
owes the department and the United States centers for medicare and	86207
medicaid services under the medicaid program as determined under	86208
section 5111.685 of the Revised Code;	86209

(b) The portion of the amount specified in division	86210
~~(E)~~(F)(1)(a) of this section that represents the franchise permit	86211
fee the exiting operator owes.	86212

(2) It may not require the operator who executes the	86213
successor liability agreement to furnish a surety bond.	86214

(3) It must provide that the department, after determining	86215
under section 5111.685 of the Revised Code the actual amount of	86216
debt the exiting operator owes the department and United States	86217
centers for medicare and medicaid services under the medicaid	86218
program, may deduct the lesser of the following from medicaid	86219
payments made to the operator who executes the successor liability	86220
agreement:	86221

(a) The total, actual amount of debt the exiting operator	86222
owes the department and the United States centers for medicare and	86223
medicaid services under the medicaid program as determined under	86224
section 5111.685 of the Revised Code;	86225

(b) The amount for which the operator who executes the	86226
successor liability agreement assumes liability under the	86227
agreement.	86228

(4) It must provide that the deductions authorized by	86229
division ~~(E)~~(F)(3) of this section are to be made for a number of	86230
months, not to exceed six, agreed to by the operator who executes	86231
the successor liability agreement and the department or, if the	86232
operator who executes the successor liability agreement and	86233
department cannot agree on a number of months that is less than	86234
six, a greater number of months determined by the attorney general	86235
pursuant to a claims collection process authorized by statute of	86236
this state.	86237

(5) It must provide that, if the attorney general determines	86238
the number of months for which the deductions authorized by	86239
division ~~(E)~~(F)(3) of this section are to be made, the operator	86240
who executes the successor liability agreement shall pay, in	86241
addition to the amount collected pursuant to the attorney	86242
general's claims collection process, the part of the amount so	86243
collected that, if not for division ~~(G)~~(H) of this section, would	86244
be required by section 109.081 of the Revised Code to be paid into	86245
the attorney general claims fund.	86246

~~(F)~~(G) Execution of a successor liability agreement does not	86247
waive an exiting operator's right to contest the amount specified	86248
in the notice the department provides the exiting operator under	86249
division (C) of section 5111.68 of the Revised Code.	86250

~~(G)~~(H) Notwithstanding section 109.081 of the Revised Code,	86251
the entire amount that the attorney general, whether by employees	86252
or agents of the attorney general or by special counsel appointed	86253
pursuant to section 109.08 of the Revised Code, collects under a	86254
successor liability agreement, other than the additional amount	86255
the operator who executes the agreement is required by division	86256
~~(E)~~(F)(5) of this section to pay, shall be paid to the department	86257
of job and family services for deposit into the appropriate fund.	86258
The additional amount that the operator is required to pay shall	86259
be paid into the state treasury to the credit of the attorney	86260
general claims fund created under section 109.081 of the Revised	86261
Code.	86262

Sec. 5111.687. The department of job and family services, at	86263
its sole discretion, may release the amount withheld under	86264
division (A) of section 5111.681 of the Revised Code if the	86265
exiting operator submits to the department written notice of a	86266
postponement of a change of operator, facility closure, voluntary	86267
termination, or voluntary withdrawal of participation and the	86268
transactions leading to the change of operator, facility closure,	86269
voluntary termination, or voluntary withdrawal of participation	86270
are postponed for at least thirty days but less than ninety days	86271
after the date originally proposed for the change of operator,	86272
facility closure, voluntary termination, or voluntary withdrawal	86273
of participation as reported in the written notice required by	86274
section 5111.66 or 5111.67 of the Revised Code. The department	86275
shall release the amount withheld if the exiting operator submits	86276
to the department written notice of a cancellation or postponement	86277
of a change of operator, facility closure, voluntary termination,	86278
or voluntary withdrawal of participation and the transactions	86279
leading to the change of operator, facility closure, voluntary	86280
termination, or voluntary withdrawal of participation are canceled	86281
or postponed for more than ninety days after the date originally	86282
proposed for the change of operator, facility closure, voluntary	86283
termination, or voluntary withdrawal of participation as reported	86284
in the written notice required by section 5111.66 or 5111.67 of	86285
the Revised Code. A written notice shall be provided to the	86286
department in accordance with the method specified in rules	86287
adopted under section 5111.689 of the Revised Code.	86288

After the department receives a written notice regarding a	86289
cancellation or postponement of a facility closure, voluntary	86290
termination, or voluntary withdrawal of participation, the exiting	86291
operator or owner shall provide new written notice to the	86292
department under section 5111.66 of the Revised Code regarding any	86293
transactions leading to a facility closure, voluntary termination,	86294
or voluntary withdrawal of participation at a future time. After	86295
the department receives a written notice regarding a cancellation	86296
or postponement of a change of operator, the exiting operator or	86297
owner and entering operator shall provide new written notice to	86298
the department under section 5111.67 of the Revised Code regarding	86299
any transactions leading to a change of operator at a future time.	86300

Sec. 5111.689. The director of job and family services shall	86301
adopt rules under section 5111.02 of the Revised Code to implement	86302
sections 5111.65 to 5111.689 of the Revised Code, including rules	86303
applicable to an exiting operator that provides written	86304
notification under section 5111.66 of the Revised Code of a	86305
voluntary withdrawal of participation. Rules adopted under this	86306
section shall comply with section 1919(c)(2)(F) of the "Social	86307
Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396r(c)(2)(F),	86308
regarding restrictions on transfers or discharges of nursing	86309
facility residents in the case of a voluntary withdrawal of	86310
participation. The rules may prescribe a medicaid reimbursement	86311
methodology and other procedures that are applicable after the	86312
effective date of a voluntary withdrawal of participation that	86313
differ from the reimbursement methodology and other procedures	86314
that would otherwise apply. The rules shall specify all of the	86315
following:	86316

(A) The method by which written notices to the department	86317
required by sections 5111.65 to 5111.689 of the Revised Code are	86318
to be provided;	86319

(B) The forms and documents that are to be provided to the	86320
department under sections 5111.671 and 5111.672 of the Revised	86321
Code, which shall include, in the case of such forms and documents	86322
provided by entering operators, all the fully executed leases,	86323
management agreements, merger agreements and supporting documents,	86324
and fully executed sales contracts and any other supporting	86325
documents culminating in the change of operator;	86326

(C) The method by which the forms and documents identified in	86327
division (B) of this section are to be provided to the department.	86328

Sec. 5111.709. (A) There is hereby created the medicaid	86329
buy-in advisory council. The council shall consist of all of the	86330
following:	86331

(1) The following voting members:

86332

(a) The executive director of assistive technology of Ohio or	86333
the executive director's designee;	86334

(b) The director of the axis center for public awareness of	86335
people with disabilities or the director's designee;	86336

(c) The executive director of the cerebral palsy association	86337
of Ohio or the executive director's designee;	86338

(d) The chief executive officer of Ohio advocates for mental	86339
health or the chief executive officer's designee;	86340

(e) The state director of the Ohio chapter of AARP or the	86341
state director's designee;	86342

(f) The director of the Ohio developmental disabilities	86343
council created under section 5123.35 of the Revised Code or the	86344
director's designee;	86345

(g) The executive director of the governor's council on	86346
people with disabilities created under section 3303.41 of the	86347
Revised Code or the executive director's designee;	86348

(h) ~~The administrator of the legal rights service created~~	86349
~~under section 5123.60 of the Revised Code or the administrator's~~	86350
~~designee;~~	86351

~~(i)~~ The chairperson of the Ohio Olmstead task force or the	86352
chairperson's designee;	86353

~~(j)~~(i) The executive director of the Ohio statewide	86354
independent living council or the executive director's designee;	86355

~~(k)~~(j) The president of the Ohio chapter of the national	86356
multiple sclerosis society or the president's designee;	86357

~~(l)~~(k) The executive director of the arc of Ohio or the	86358
executive director's designee;	86359

~~(m)~~(l) The executive director of the commission on minority	86360
health or the executive director's designee;	86361

~~(n)~~(m) The executive director of the brain injury association	86362
of Ohio or the executive director's designee;	86363

~~(o)~~(n) The executive officer of any other advocacy	86364
organization who volunteers to serve on the council, or such an	86365
executive officer's designee, if the other voting members, at a	86366
meeting called by the chairperson elected under division (C) of	86367
this section, determine it is appropriate for the advocacy	86368
organization to be represented on the council;	86369

~~(p)~~(o) One or more participants who volunteer to serve on the	86370
council and are selected by the other voting members at a meeting	86371
the chairperson calls after the medicaid buy-in for workers with	86372
disabilities program is implemented.	86373

(2) The following non-voting members:

86374

(a) The director of job and family services or the director's	86375
designee;	86376

(b) The administrator of the rehabilitation services	86377
commission or the administrator's designee;	86378

(c) The director of alcohol and drug addiction services or	86379
the director's designee;	86380

(d) The director of developmental disabilities or the	86381
director's designee;	86382

(e) The director of mental health or the director's designee;

86383

(f) The executive officer of any other government entity, or	86384
the executive officer's designee, if the voting members, at a	86385
meeting called by the chairperson, determine it is appropriate for	86386
the government entity to be represented on the council.	86387

(B) All members of the medicaid buy-in advisory council shall	86388
serve without compensation or reimbursement, except as serving on	86389
the council is considered part of their usual job duties.	86390

(C) The voting members of the medicaid buy-in advisory	86391
council shall elect one of the members of the council to serve as	86392
the council's chairperson for a two-year term. The chairperson may	86393
be re-elected to successive terms.	86394

(D) The department of job and family services shall provide	86395
the Ohio medicaid buy-in advisory council with accommodations for	86396
the council to hold its meetings and shall provide the council	86397
with other administrative assistance the council needs to perform	86398
its duties.	86399

Sec. 5111.83. (A) Not later than January 1, 2012, the	86400
director of job and family services shall apply to the United	86401
States secretary of health and human services for approval to	86402
claim federal financial participation for administrative costs	86403
incurred by the department of health and the Arthur G. James and	86404
Richard J. Solove research institute of the Ohio state university	86405
in analyzing and evaluating both of the following pursuant to	86406
sections 3701.261 to 3701.236 of the Revised Code:	86407

(1) Cancer reports under the Ohio cancer incidence	86408
surveillance system;	86409

(2) The incidence, prevalence, costs, and medical	86410
consequences of cancer on medicaid recipients and other low-income	86411
populations.	86412

(B) The director of job and family services shall consult	86413
with the director of health in seeking approval to claim federal	86414
financial participation, as described in division (A) of this	86415
section. The directors shall cooperate in seeking the approval to	86416
the extent they find the approval necessary for the effective and	86417
efficient administration of the medicaid program.	86418

Sec. 5111.85. (A) As used in this section and sections	86419
5111.851 to 5111.856 of the Revised Code:	86420

"Home and community-based services medicaid waiver component"	86421
means a medicaid waiver component under which home and	86422
community-based services are provided as an alternative to	86423
hospital, nursing facility, or intermediate care facility for the	86424
mentally retarded services.	86425

"Hospital" has the same meaning as in section 3727.01 of the	86426
Revised Code.	86427

"Intermediate care facility for the mentally retarded" has	86428
the same meaning as in section 5111.20 of the Revised Code.	86429

"Medicaid waiver component" means a component of the medicaid	86430
program authorized by a waiver granted by the United States	86431
department of health and human services under section 1115 or 1915	86432
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.	86433
1315 or 1396n. "Medicaid waiver component" does not include a care	86434
management system established under section 5111.16 of the Revised	86435
Code.	86436

"Nursing facility" has the same meaning as in section 5111.20	86437
of the Revised Code.	86438

(B) The director of job and family services may adopt rules	86439
under Chapter 119. of the Revised Code governing medicaid waiver	86440
components that establish all of the following:	86441

(1) Eligibility requirements for the medicaid waiver	86442
components;	86443

(2) The type, amount, duration, and scope of services the	86444
medicaid waiver components provide;	86445

(3) The conditions under which the medicaid waiver components	86446
cover services;	86447

(4) The amount the medicaid waiver components pay for	86448
services or the method by which the amount is determined;	86449

(5) The manner in which the medicaid waiver components pay	86450
for services;	86451

(6) Safeguards for the health and welfare of medicaid	86452
recipients receiving services under a medicaid waiver component;	86453

(7) Procedures for ~~both of the following:~~

86454

~~(a) Identifying individuals who meet all of the following~~	86455
~~requirements:~~	86456

~~(i) Are~~prioritizing and approving for enrollment individuals	86457
who are eligible for a home and community-based services medicaid	86458
waiver component and ~~on a waiting list for the component;~~	86459

~~(ii) Are receiving inpatient hospital services or residing in~~	86460
~~an intermediate care facility for the mentally retarded or nursing~~	86461
~~facility (as appropriate for the component);~~	86462

~~(iii) Choose~~choose to be enrolled in the component.

86463

~~(b) Approving the enrollment of individuals identified under~~	86464
~~the procedures established under division (B)(7)(a) of this~~	86465
~~section into the home and community-based services medicaid waiver~~	86466
~~component.~~;	86467

(8) Procedures for enforcing the rules, including	86468
establishing corrective action plans for, and imposing financial	86469
and administrative sanctions on, persons and government entities	86470
that violate the rules. Sanctions shall include terminating	86471
medicaid provider agreements. The procedures shall include due	86472
process protections.	86473

(9) Other policies necessary for the efficient administration	86474
of the medicaid waiver components.	86475

(C) The director of job and family services may adopt	86476
different rules for the different medicaid waiver components. The	86477
rules shall be consistent with the terms of the waiver authorizing	86478
the medicaid waiver component.	86479

(D) Any procedures established under division (B)(7) of this	86480
section for the medicaid-funded component of the PASSPORT program	86481
shall be consistent with section 173.401 of the Revised Code. Any	86482
procedures established under division (B)(7) of this section for	86483
the medicaid-funded component of the assisted living program shall	86484
be consistent with section 5111.894 of the Revised Code.	86485

Sec. 5111.861. (A) As used in this section:

86486

"Medicaid waiver component" has the same meaning as in	86487
section 5111.85 of the Revised Code.	86488

"Unified long-term services and support medicaid waiver	86489
component" means the medicaid waiver component authorized by	86490
section 5111.863 of the Revised Code.	86491

(B) Subject to division (C) of this section, there is hereby	86492
created the Ohio home care program. The program shall provide home	86493
and community-based services. The department of job and family	86494
services shall administer the program.	86495

(C) If the unified long-term services and support medicaid	86496
waiver component is created, the departments of aging and job and	86497
family services shall work together to determine whether the Ohio	86498
home care program should continue to operate as a separate	86499
medicaid waiver component or be terminated. If the departments	86500
determine that the Ohio home care program should be terminated,	86501
the program shall cease to exist on a date the departments shall	86502
specify.	86503

Sec. 5111.862. (A) As used in this section:

86504

"Medicaid waiver component" has the same meaning as in	86505
section 5111.85 of the Revised Code.	86506

"Unified long-term services and support medicaid waiver	86507
component" means the medicaid waiver component authorized by	86508
section 5111.863 of the Revised Code.	86509

(B) Subject to division (C) of this section, there is hereby	86510
created the Ohio transitions II aging carve-out program. The	86511
program shall provide home and community-based services. The	86512
department of job and family services shall administer the	86513
program.	86514

(C) If the unified long-term services and support medicaid	86515
waiver component is created, the departments of aging and job and	86516
family services shall work together to determine whether the Ohio	86517
transitions II aging carve-out program should continue to operate	86518
as a separate medicaid waiver component or be terminated. If the	86519
departments determine that the Ohio transitions II aging carve-out	86520
program should be terminated, the program shall cease to exist on	86521
a date the departments shall specify.	86522

Sec. 5111.863. (A) As used in this section:

86523

"Medicaid waiver component" has the same meaning as in	86524
section 5111.85 of the Revised Code.	86525

"Nursing facility" has the same meaning as in section 5111.20	86526
of the Revised Code.	86527

(B) The director of job and family services shall submit a	86528
request to the United States secretary of health and human	86529
services pursuant to section 1915n of the "Social Security Act,"	86530
95 Stat. 809 (1981), 42 U.S.C. 1396n, as amended, to obtain	86531
approval to create a unified long-term services and support	86532
medicaid waiver component to provide home and community-based	86533
services to eligible individuals of any age who require the level	86534
of care provided by nursing facilities. The director of job and	86535
family services shall work with the director of aging in seeking	86536
approval of the unified long-term services and support medicaid	86537
waiver component and, if the approval is obtained, in creating and	86538
implementing the component.	86539

If the request to create the unified long-term services and	86540
support medicaid waiver component is approved, the director of job	86541
and family services, working with the director of aging, shall	86542
adopt rules under section 5111.85 of the Revised Code to implement	86543
the component. The rules may authorize the director of aging to	86544
adopt rules in accordance with Chapter 119. of the Revised Code	86545
governing aspects of the unified long-term services and support	86546
medicaid waiver component.	86547

Sec. 5111.871. The department of job and family services	86548
shall enter into a contract with the department of developmental	86549
disabilities under section 5111.91 of the Revised Code with regard	86550
to one or more of the medicaid waiver components ~~of the medicaid~~	86551
~~program~~ established by the department of job and family services	86552
under ~~one or more of the medicaid waivers sought under~~ section	86553
5111.87 of the Revised Code. Subject, if needed, to the approval	86554
of the United States secretary of health and human services, the	86555
contract shall include the medicaid waiver component known as the	86556
transitions developmental disabilities waiver. The contract shall	86557
provide for the department of developmental disabilities to	86558
administer the components in accordance with the terms of the	86559
waivers. The contract shall include a schedule for the department	86560
of developmental disabilities to begin administering the	86561
transitions developmental disabilities waiver. The directors of	86562
job and family services and developmental disabilities shall adopt	86563
rules in accordance with Chapter 119. of the Revised Code	86564
governing the components.	86565

If the department of developmental disabilities or the	86566
department of job and family services denies an individual's	86567
application for home and community-based services provided under	86568
any of these medicaid components, the department that denied the	86569
services shall give timely notice to the individual that the	86570
individual may request a hearing under section 5101.35 of the	86571
Revised Code.	86572

The departments of developmental disabilities and job and	86573
family services may approve, reduce, deny, or terminate a service	86574
included in the individualized service plan developed for a	86575
medicaid recipient eligible for home and community-based services	86576
provided under any of these medicaid components. The departments	86577
shall consider the recommendations a county board of developmental	86578
disabilities makes under division (A)(1)(c) of section 5126.055 of	86579
the Revised Code. If either department approves, reduces, denies,	86580
or terminates a service, that department shall give timely notice	86581
to the medicaid recipient that the recipient may request a hearing	86582
under section 5101.35 of the Revised Code.	86583

If supported living, as defined in section 5126.01 of the	86584
Revised Code, is to be provided as a service under any of these	86585
components, any person or government entity with a current, valid	86586
medicaid provider agreement and a current, valid certificate under	86587
section 5123.161 of the Revised Code may provide the service.	86588

If a service is to be provided under any of these components	86589
by a residential facility, as defined in section 5123.19 of the	86590
Revised Code, any person or government entity with a current,	86591
valid medicaid provider agreement and a current, valid license	86592
under section 5123.19 of the Revised Code may provide the service.	86593

Sec. 5111.872. ~~When~~(A) Subject to division (B) of this	86594
section, when the department of developmental disabilities	86595
allocates enrollment numbers to a county board of developmental	86596
disabilities for home and community-based services specified in	86597
division (B)(1) of section 5111.87 of the Revised Code and	86598
provided under any of the medicaid waiver components ~~of the~~	86599
~~medicaid program~~ that the department administers under section	86600
5111.871 of the Revised Code, the department shall consider all of	86601
the following:	86602

~~(A)~~(1) The number of individuals with mental retardation or	86603
other developmental disability who are on a waiting list the	86604
county board establishes under ~~division (C) of~~ section 5126.042 of	86605
the Revised Code for those services and are given priority on the	86606
waiting list ~~pursuant to division (D) or (E) of that section~~;	86607

~~(B)~~(2) The implementation component required by division	86608
(A)(3) of section 5126.054 of the Revised Code of the county	86609
board's plan approved under section 5123.046 of the Revised Code;	86610

~~(C)~~(3) Anything else the department considers necessary to	86611
enable county boards to provide those services to individuals in	86612
accordance with the priority requirements ~~of divisions (D) and (E)~~	86613
offor waiting lists included in the rules adopted under section	86614
5126.042 of the Revised Code.	86615

(B) Division (A) of this section applies to home and	86616
community-based services provided under the medicaid waiver	86617
component known as the transitions developmental disabilities	86618
waiver only to the extent, if any, provided by the contract	86619
required by section 5111.871 of the Revised Code regarding the	86620
waiver.	86621

Sec. 5111.873. (A) ~~Not later than the effective date of the~~	86622
~~first of any medicaid waivers the United States secretary of~~	86623
~~health and human services grants pursuant to a request made under~~	86624
~~section 5111.87 of the Revised Code~~Subject to division (D) of	86625
this section, the director of job and family services shall adopt	86626
rules in accordance with Chapter 119. of the Revised Code	86627
establishing ~~statewide fee schedules~~the amount of reimbursement	86628
or the methods by which amounts of reimbursement are to be	86629
determined for home and community-based services specified in	86630
division (B)(1) of section 5111.87 of the Revised Code and	86631
provided under the components of the medicaid program that the	86632
department of developmental disabilities administers under section	86633
5111.871 of the Revised Code. ~~The~~With respect to these rules	86634
~~shall provide for~~, all of the following apply:	86635

(1) The rules shall establish procedures for the department	86636
of developmental disabilities to follow in arranging for the	86637
initial and ongoing collection of cost information from a	86638
comprehensive, statistically valid sample of persons and	86639
government entities providing the services at the time the	86640
information is obtained;.	86641

(2) The rules shall establish procedures for the collection	86642
of consumer-specific information through an assessment instrument	86643
the department of developmental disabilities shall provide to the	86644
department of job and family services;.	86645

(3) With the information collected pursuant to divisions	86646
(A)(1) and (2) of this section, an analysis of that information,	86647
and other information the director determines relevant, ~~methods~~	86648
~~and~~the rules shall establish reimbursement standards ~~for~~	86649
~~calculating the fee schedules~~ that do all of the following:	86650

(a) Assure that ~~the fees are~~reimbursement is consistent with	86651
efficiency, economy, and quality of care;	86652

(b) Consider the intensity of consumer resource need;

86653

(c) Recognize variations in different geographic areas	86654
regarding the resources necessary to assure the health and welfare	86655
of consumers;	86656

(d) Recognize variations in environmental supports available	86657
to consumers.	86658

(B) As part of the process of adopting rules under this	86659
section, the director shall consult with the director of	86660
developmental disabilities, representatives of county boards of	86661
developmental disabilities, persons who provide the home and	86662
community-based services, and other persons and government	86663
entities the director identifies.	86664

(C) The directors of job and family services and	86665
developmental disabilities shall review the rules adopted under	86666
this section at times they determine are necessary to ensure that	86667
the ~~methods and~~amount of reimbursement or the methods by which	86668
the amounts of reimbursement are to be determined continue to meet	86669
the reimbursement standards established ~~by the rules for~~	86670
~~calculating the fee schedules continue to do everything that~~under	86671
division (A)(3) of this section ~~requires~~.	86672

(D) This section applies to home and community-based services	86673
provided under the medicaid waiver component known as the	86674
transitions developmental disabilities waiver only to the extent,	86675
if any, provided by the contract required by section 5111.871 of	86676
the Revised Code regarding the waiver.	86677

Sec. 5111.874. (A) As used in sections 5111.874 to 5111.8710	86678
of the Revised Code:	86679

"Home and community-based services" has the same meaning as	86680
in section 5123.01 of the Revised Code.	86681

"ICF/MR services" means intermediate care facility for the	86682
mentally retarded services covered by the medicaid program that an	86683
intermediate care facility for the mentally retarded provides to a	86684
resident of the facility who is a medicaid recipient eligible for	86685
medicaid-covered intermediate care facility for the mentally	86686
retarded services.	86687

"Intermediate care facility for the mentally retarded" means	86688
an intermediate care facility for the mentally retarded that is	86689
certified as in compliance with applicable standards for the	86690
medicaid program by the director of health in accordance with	86691
Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42	86692
U.S.C. 1396, as amended, and licensed as a residential facility	86693
under section 5123.19 of the Revised Code.	86694

"Residential facility" has the same meaning as in section	86695
5123.19 of the Revised Code.	86696

(B) For the purpose of increasing the number of slots	86697
available for home and community-based services and subject to	86698
sections 5111.877 and 5111.878 of the Revised Code, the operator	86699
of an intermediate care facility for the mentally retarded may	86700
convert some or all of the beds in the facility from providing	86701
ICF/MR services to providing home and community-based services if	86702
all of the following requirements are met:	86703

(1) The operator provides the directors of health, job and	86704
family services, and developmental disabilities at least ninety	86705
days' notice of the operator's intent to ~~relinquish the facility's~~	86706
~~certification as an intermediate care facility for the mentally~~	86707
~~retarded and to begin providing home and community-based services~~	86708
make the conversion.	86709

(2) The operator complies with the requirements of sections	86710
5111.65 to 5111.689 of the Revised Code regarding a voluntary	86711
termination as defined in section 5111.65 of the Revised Code if	86712
those requirements are applicable.	86713

(3) ~~The~~If the operator intends to convert all of the	86714
facility's beds, the operator notifies each of the facility's	86715
residents that the facility is to cease providing ICF/MR services	86716
and inform each resident that the resident may do either of the	86717
following:	86718

(a) Continue to receive ICF/MR services by transferring to	86719
another facility that is an intermediate care facility for the	86720
mentally retarded willing and able to accept the resident if the	86721
resident continues to qualify for ICF/MR services;	86722

(b) Begin to receive home and community-based services	86723
instead of ICF/MR services from any provider of home and	86724
community-based services that is willing and able to provide the	86725
services to the resident if the resident is eligible for the	86726
services and a slot for the services is available to the resident.	86727

(4) If the operator intends to convert some but not all of	86728
the facility's beds, the operator notifies each of the facility's	86729
residents that the facility is to convert some of its beds from	86730
providing ICF/MR services to providing home and community-based	86731
services and inform each resident that the resident may do either	86732
of the following:	86733

(a) Continue to receive ICF/MR services from any provider of	86734
ICF/MR services that is willing and able to provide the services	86735
to the resident if the resident continues to qualify for ICF/MR	86736
services;	86737

(b) Begin to receive home and community-based services	86738
instead of ICF/MR services from any provider of home and	86739
community-based services that is willing and able to provide the	86740
services to the resident if the resident is eligible for the	86741
services and a slot for the services is available to the resident.	86742

(5) The operator meets the requirements for providing home	86743
and community-based services, including the following:	86744

(a) Such requirements applicable to a residential facility if	86745
the operator maintains the facility's license as a residential	86746
facility;	86747

(b) Such requirements applicable to a facility that is not	86748
licensed as a residential facility if the operator surrenders the	86749
facility's residential facility license under section 5123.19 of	86750
the Revised Code.	86751

~~(5)~~(6) The ~~director~~directors of developmental disabilities	86752
~~approves~~and job and family services approve the conversion.	86753

(C) A decision by the directors to approve or refuse to	86754
approve a proposed conversion of beds is final. In making a	86755
decision, the directors shall consider all of the following:	86756

(1) The fiscal impact on the facility if some but not all of	86757
the beds are converted;	86758

(2) The fiscal impact on the medical assistance program;

86759

(3) The availability of home and community-based services.

86760

(D) The notice provided to the directors under division	86761
(B)(1) of this section shall specify whether some or all of the	86762
facility's beds are to be converted. If some but not all of the	86763
beds are to be converted, the notice shall specify how many of the	86764
facility's beds are to be converted and how many of the beds are	86765
to continue to provide ICF/MR services. The notice to the director	86766
of developmental disabilities ~~under division (B)(1) of this~~	86767
~~section~~ shall specify whether the operator wishes to surrender the	86768
facility's license as a residential facility under section 5123.19	86769
of the Revised Code.	86770

~~(D)~~(E)(1) If the ~~director~~directors of developmental	86771
disabilities ~~approves~~and job and family services approve a	86772
conversion under division ~~(B)~~(C) of this section, the director of	86773
health shall ~~terminate~~do the following:	86774

(a) Terminate the certification of the intermediate care	86775
facility for the mentally retarded if the notice specifies that	86776
all of the facility's beds are to be converted;	86777

(b) Reduce the facility's certified capacity by the number of	86778
beds being converted if the notice specifies that some but not all	86779
of the beds are to be converted. ~~The~~	86780

(2) The director of health shall notify the director of job	86781
and family services of the termination or reduction. On receipt of	86782
the director of health's notice, the director of job and family	86783
services shall ~~terminate~~do the following:	86784

(a) Terminate the operator's medicaid provider agreement that	86785
authorizes the operator to provide ICF/MR services at the facility	86786
if the facility's certification was terminated;	86787

(b) Amend the operator's medicaid provider agreement to	86788
reflect the facility's reduced certified capacity if the	86789
facility's certified capacity is reduced. ~~The~~	86790

(3) In the case of action taken under division (E)(2)(a) of	86791
this section, the operator is not entitled to notice or a hearing	86792
under Chapter 119. of the Revised Code before the director of job	86793
and family services terminates the medicaid provider agreement.	86794

Sec. 5111.877. The director of job and family services may	86795
seek approval from the United States secretary of health and human	86796
services for not more than a total of ~~one~~two hundred slots for	86797
home and community-based services for the purposes of sections	86798
5111.874, 5111.875, and 5111.876 of the Revised Code.	86799

Sec. 5111.88. (A) As used in sections 5111.88 to 5111.8811	86800
of the Revised Code:	86801

(1) "Adult" means an individual at least eighteen years of	86802
age.	86803

(2) "Authorized representative" means the following:

86804

(a) In the case of a consumer who is a minor, the consumer's	86805
parent, custodian, or guardian;	86806

(b) In the case of a consumer who is an adult, an individual	86807
selected by the consumer pursuant to section 5111.8810 of the	86808
Revised Code to act on the consumer's behalf for purposes	86809
regarding home care attendant services.	86810

(3) "Authorizing health care professional" means a health	86811
care professional who, pursuant to section 5111.887 of the Revised	86812
Code, authorizes a home care attendant to assist a consumer with	86813
self-administration of medication, nursing tasks, or both.	86814

(4) "Consumer" means an individual to whom all of the	86815
following apply:	86816

(a) The individual is enrolled in a participating medicaid	86817
waiver component.	86818

(b) The individual has a medically determinable physical	86819
impairment to which both of the following apply:	86820

(i) It is expected to last for a continuous period of not	86821
less than twelve months.	86822

(ii) It causes the individual to require assistance with	86823
activities of daily living, self-care, and mobility, including	86824
either assistance with self-administration of medication or the	86825
performance of nursing tasks, or both.	86826

(c) In the case of an individual who is an adult, the	86827
individual is mentally alert and is, or has an authorized	86828
representative who is, capable of selecting, directing the actions	86829
of, and dismissing a home care attendant.	86830

(d) In the case of an individual who is a minor, the	86831
individual has an authorized representative who is capable of	86832
selecting, directing the actions of, and dismissing a home care	86833
attendant.	86834

(5) "Controlled substance" has the same meaning as in section	86835
3719.01 of the Revised Code.	86836

(6) "Custodian" has the same meaning as in section 2151.011	86837
of the Revised Code.	86838

(7) "Gastrostomy tube" means a percutaneously inserted	86839
catheter that terminates in the stomach.	86840

(8) "Guardian" has the same meaning as in section 2111.01 of	86841
the Revised Code.	86842

(9) "Health care professional" means a physician or	86843
registered nurse.	86844

(10) "Home care attendant" means an individual holding a	86845
valid medicaid provider agreement in accordance with section	86846
5111.881 of the Revised Code that authorizes the individual to	86847
provide home care attendant services to consumers.	86848

(11) "Home care attendant services" means all of the	86849
following as provided by a home care attendant:	86850

(a) Personal care aide services;

86851

(b) Assistance with the self-administration of medication;

86852

86853

(12) "Jejunostomy tube" means a percutaneously inserted	86854
catheter that terminates in the jejunum.	86855

(13) "Medicaid waiver component" has the same meaning as in	86856
section 5111.85 of the Revised Code.	86857

(14) "Medication" means a drug as defined in section 4729.01	86858
of the Revised Code.	86859

(15) "Minor" means an individual under eighteen years of age.

86860

(16) "Participating medicaid waiver component" means both of	86861
the following:	86862

(a) The ~~medicaid waiver component known as~~ Ohio home care	86863
~~that the department of job and family services administers~~program	86864
created under section 5111.861 of the Revised Code;	86865

(b) The ~~medicaid waiver component known as~~ Ohio transitions	86866
II aging carve-out ~~that the department of job and family services~~	86867
~~administers~~program created under section 5111.862 of the Revised	86868
Code.	86869

(17) "Physician" means an individual authorized under Chapter	86870
4731. of the Revised Code to practice medicine and surgery or	86871
osteopathic medicine and surgery.	86872

(18) "Practice of nursing as a registered nurse," "practice	86873
of nursing as a licensed practical nurse," and "registered nurse"	86874
have the same meanings as in section 4723.01 of the Revised Code.	86875
"Registered nurse" includes an advanced practice nurse, as defined	86876
in section 4723.01 of the Revised Code.	86877

(19) "Schedule II," "schedule III," "schedule IV," and	86878
"schedule V" have the same meanings as in section 3719.01 of the	86879
Revised Code.	86880

(B) The director of job and family services may submit	86881
requests to the United States secretary of health and human	86882
services to amend the federal medicaid waivers authorizing the	86883
participating medicaid waiver components to have those components	86884
cover home care attendant services in accordance with sections	86885
5111.88 to 5111.8810 and rules adopted under section 5111.8811 of	86886
the Revised Code. Notwithstanding sections 5111.881 to 5111.8811	86887
of the Revised Code, those sections shall be implemented regarding	86888
a participating medicaid waiver component only if the secretary	86889
approves a waiver amendment for the component.	86890

Sec. 5111.89. (A) As used in sections 5111.89 to 5111.894 of	86891
the Revised Code:	86892

"Area agency on aging" has the same meaning as in section	86893
173.14 of the Revised Code.	86894

"Assisted living program" means the program created under	86895
this section.	86896

"Assisted living services" means the following home and	86897
community-based services: personal care, homemaker, chore,	86898
attendant care, companion, medication oversight, and therapeutic	86899
social and recreational programming.	86900

"Assisted living waiver" means the federal medicaid waiver	86901
granted by the United States secretary of health and human	86902
services that authorizes the medicaid-funded component of the	86903
assisted living program.	86904

"County or district home" means a county or district home	86905
operated under Chapter 5155. of the Revised Code.	86906

"Long-term care consultation program" means the program the	86907
department of aging is required to develop under section 173.42 of	86908
the Revised Code.	86909

"Long-term care consultation program administrator" or	86910
"administrator" means the department of aging or, if the	86911
department contracts with an area agency on aging or other entity	86912
to administer the long-term care consultation program for a	86913
particular area, that agency or entity.	86914

"Medicaid waiver component" has the same meaning as in	86915
section 5111.85 of the Revised Code.	86916

"Nursing facility" has the same meaning as in section 5111.20	86917
of the Revised Code.	86918

"Residential care facility" has the same meaning as in	86919
section 3721.01 of the Revised Code.	86920

~~"State administrative agency" means the department of job and~~	86921
~~family services if the department of job and family services~~	86922
~~administers the assisted living program or the department of aging~~	86923
~~if the department of aging administers the assisted living~~	86924
~~program.~~	86925

"Unified long-term services and support medicaid waiver	86926
component" means the medicaid waiver component authorized by	86927
section 5111.863 of the Revised Code.	86928

(B) There is hereby created the assisted living program. The	86929
program shall provide assisted living services to individuals who	86930
meet the program's applicable eligibility requirements ~~established~~	86931
~~under section 5111.891 of the Revised Code~~. ~~The~~Subject to	86932
division (C) of this section, the program ~~may not serve more~~	86933
~~individuals than the number that is set by the United States~~	86934
~~secretary of health and human services when the medicaid waiver~~	86935
~~authorizing the program is approved~~shall have a medicaid-funded	86936
component and a state-funded component.	86937

(C)(1) Unless the medicaid-funded component of the assisted	86938
living program is terminated under division (C)(2) of this	86939
section, all of the following apply:	86940

(a) The department of aging shall administer the	86941
medicaid-funded component through a contract entered into with the	86942
department of job and family services under section 5111.91 of the	86943
Revised Code.	86944

(b) The contract shall include an estimate of the	86945
medicaid-funded component's costs. ~~The program~~	86946

(c) The medicaid-funded component shall be operated as a	86947
separate medicaid waiver component ~~until the United States~~	86948
~~secretary approves the consolidated federal medicaid waiver sought~~	86949
~~under section 5111.861 of the Revised Code~~. ~~The program shall be~~	86950
~~part of the consolidated federal medicaid waiver sought under that~~	86951
~~section if the United States secretary approves the waiver.~~	86952

~~If the director of budget and management approves the~~	86953
~~contract, the department of job and family services shall enter~~	86954
~~into a contract with the department of aging under section 5111.91~~	86955
~~of the Revised Code that provides for the department of aging to~~	86956
~~administer the assisted living program. The contract shall include~~	86957
~~an estimate of the program's costs.~~	86958

~~The~~(d) The medicaid-funded component may not serve more	86959
individuals than is set by the United States secretary of health	86960
and human services in the assisted living waiver.	86961

(e) The director of job and family services may adopt rules	86962
under section 5111.85 of the Revised Code regarding the ~~assisted~~	86963
~~living program~~medicaid-funded component. ~~The~~	86964

(f) The director of aging may adopt rules under Chapter 119.	86965
of the Revised Code regarding the ~~program~~medicaid-funded	86966
component that the rules adopted by the director of job and family	86967
services under division (C)(1)(e) of this section authorize the	86968
director of aging to adopt.	86969

(2) If the unified long-term services and support medicaid	86970
waiver component is created, the departments of aging and job and	86971
family services shall work together to determine whether the	86972
medicaid-funded component of the assisted living program should	86973
continue to operate as a separate medicaid waiver component or be	86974
terminated. If the departments determine that the medicaid-funded	86975
component of the assisted living program should be terminated, the	86976
medicaid-funded component shall cease to exist on a date the	86977
departments shall specify.	86978

(D) The department of aging shall administer the state-funded	86979
component of the assisted living program. The state-funded	86980
component shall not be administered as part of the medicaid	86981
program.	86982

An individual who is eligible for the state-funded component	86983
may participate in the component for not more than three months.	86984

The director of aging shall adopt rules in accordance with	86985
section 111.15 of the Revised Code to implement the state-funded	86986
component.	86987

Sec. 5111.891. To be eligible for the medicaid-funded	86988
component of the assisted living program, an individual must meet	86989
all of the following requirements:	86990

(A) Need an intermediate level of care as determined under	86991
rule 5101:3-3-06 of the Administrative Code;	86992

(B) ~~At the time the individual applies for the assisted~~	86993
~~living program, be one of the following:~~	86994

~~(1) A nursing facility resident who is seeking to move to a~~	86995
~~residential care facility and would remain in a nursing facility~~	86996
~~for long~~-~~term care if not for the assisted living program;~~	86997

~~(2) A participant of any of the following medicaid waiver~~	86998
~~components who would move to a nursing facility if not for the~~	86999
~~assisted living program:~~	87000

~~(a) The PASSPORT program created under section 173.40 of the~~	87001
~~Revised Code;~~	87002

~~(b) The choices program created under section 173.403 of the~~	87003
~~Revised Code;~~	87004

~~(c) A medicaid waiver component that the department of job~~	87005
~~and family services administers.~~	87006

~~(3) A resident of a residential care facility who has resided~~	87007
~~in a residential care facility for at least six months immediately~~	87008
~~before the date the individual applies for the assisted living~~	87009
~~program.~~	87010

~~(C) At the time the individual receives~~While receiving	87011
assisted living services under the ~~assisted living program~~	87012
medicaid-funded component, reside in a residential care facility	87013
that is authorized by a valid medicaid provider agreement to	87014
participate in the ~~assisted living program~~component, including	87015
both of the following:	87016

(1) A residential care facility that is owned or operated by	87017
a metropolitan housing authority that has a contract with the	87018
United States department of housing and urban development to	87019
receive an operating subsidy or rental assistance for the	87020
residents of the facility;	87021

(2) A county or district home licensed as a residential care	87022
facility.	87023

~~(D)~~(C) Meet all other eligibility requirements for the	87024
~~assisted living program~~medicaid-funded component established in	87025
rules adopted ~~under~~pursuant to division (C) of section ~~5111.85~~	87026
5111.89 of the Revised Code.	87027

Sec. 5111.892. To be eligible for the state-funded component	87028
of the assisted living program, an individual must meet all of the	87029
following requirements:	87030

(A) The individual must need an intermediate level of care as	87031
determined under rule 5101:3-3-06 of the Administrative Code;	87032

(B) The individual must have an application for the	87033
medicaid-funded component of the assisted living program (or, if	87034
the medicaid-funded component is terminated under division (C)(2)	87035
of section 5111.89 of the Revised Code, the unified long-term	87036
services and support medicaid waiver component) pending and the	87037
department or the department's designee must have determined that	87038
the individual meets the nonfinancial eligibility requirements of	87039
the medicaid-funded component (or, if the medicaid-funded	87040
component is terminated under division (C)(2) of section 5111.89	87041
of the Revised Code, the unified long-term services and support	87042
medicaid waiver component) and not have reason to doubt that the	87043
individual meets the financial eligibility requirements of the	87044
medicaid-funded component (or, if the medicaid-funded component is	87045
terminated under division (C)(2) of section 5111.89 of the Revised	87046
Code, the unified long-term services and support medicaid waiver	87047
component).	87048

(C) While receiving assisted living services under	87049
state-funded component, the individual must reside in a	87050
residential care facility that is authorized by a valid provider	87051
agreement to participate in the component, including both of the	87052
following:	87053

(1) A residential care facility that is owned or operated by	87054
a metropolitan housing authority that has a contract with the	87055
United States department of housing and urban development to	87056
receive an operating subsidy or rental assistance for the	87057
residents of the facility;	87058

(2) A county or district home licensed as a residential care	87059
facility.	87060

(D) The individual must meet all other eligibility	87061
requirements for the state-funded component established in rules	87062
adopted under division (D) of section 5111.89 of the Revised Code.	87063

~~Sec. 5111.892.~~ Sec. 5111.893. A residential care facility	87064
providing services covered by the assisted living program to an	87065
individual enrolled in the program shall have staff on-site	87066
twenty-four hours each day who are able to do all of the	87067
following:	87068

(A) Meet the scheduled and unpredicted needs of the	87069
individuals enrolled in the assisted living program in a manner	87070
that promotes the individuals' dignity and independence;	87071

(B) Provide supervision services for those individuals;

87072

87073

Sec. 5111.894. (A) ~~The state administrative agency~~Subject	87074
to division (C)(2) of section 5111.89 of the Revised Code, the	87075
department of aging shall establish a home first component of the	87076
assisted living program under which eligible individuals may be	87077
enrolled in the medicaid-funded component of the assisted living	87078
program in accordance with this section. An individual is eligible	87079
for the assisted living program's home first component if ~~all~~both	87080
of the following apply:	87081

(1) The individual ishas been determined to be eligible for	87082
the medicaid-funded component of the assisted living program.	87083

(2) ~~The individual is on the unified waiting list established~~	87084
~~under section 173.404 of the Revised Code.~~	87085

~~(3)~~ At least one of the following applies:

87086

(a) The individual has been admitted to a nursing facility.

87087

(b) A physician has determined and documented in writing that	87088
the individual has a medical condition that, unless the individual	87089
is enrolled in home and community-based services such as the	87090
assisted living program, will require the individual to be	87091
admitted to a nursing facility within thirty days of the	87092
physician's determination.	87093

(c) The individual has been hospitalized and a physician has	87094
determined and documented in writing that, unless the individual	87095
is enrolled in home and community-based services such as the	87096
assisted living program, the individual is to be transported	87097
directly from the hospital to a nursing facility and admitted.	87098

(d) Both of the following apply:

87099

(i) The individual is the subject of a report made under	87100
section 5101.61 of the Revised Code regarding abuse, neglect, or	87101
exploitation or such a report referred to a county department of	87102
job and family services under section 5126.31 of the Revised Code	87103
or has made a request to a county department for protective	87104
services as defined in section 5101.60 of the Revised Code.	87105

(ii) A county department of job and family services and an	87106
area agency on aging have jointly documented in writing that,	87107
unless the individual is enrolled in home and community-based	87108
services such as the assisted living program, the individual	87109
should be admitted to a nursing facility.	87110

(e) The individual resided in a residential care facility for	87111
at least six months immediately before applying for the	87112
medicaid-funded component of the assisted living program and is at	87113
risk of imminent admission to a nursing facility because the costs	87114
of residing in the residential care facility have depleted the	87115
individual's resources such that the individual is unable to	87116
continue to afford the cost of residing in the residential care	87117
facility.	87118

(B) Each month, each area agency on aging shall identify	87119
individuals residing in the area that the area agency on aging	87120
serves who are eligible for the home first component of the	87121
assisted living program. When an area agency on aging identifies	87122
such an individual and determines that there is a vacancy in a	87123
residential care facility participating in the medicaid-funded	87124
component of the assisted living program that is acceptable to the	87125
individual, the agency shall notify the long-term care	87126
consultation program administrator serving the area in which the	87127
individual resides. The administrator shall determine whether the	87128
assisted living program is appropriate for the individual and	87129
whether the individual would rather participate in the assisted	87130
living program than continue or begin to reside in a nursing	87131
facility. If the administrator determines that the assisted living	87132
program is appropriate for the individual and the individual would	87133
rather participate in the assisted living program than continue or	87134
begin to reside in a nursing facility, the administrator shall so	87135
notify the ~~state administrative agency~~department of aging. On	87136
receipt of the notice from the administrator, the ~~state~~	87137
~~administrative agency~~department shall approve the individual's	87138
enrollment in the medicaid-funded component of the assisted living	87139
program regardless of the unified waiting list established under	87140
section 173.404 of the Revised Code, unless the enrollment would	87141
cause the ~~assisted living program~~component to exceed any limit on	87142
the number of individuals who may participate in the ~~program~~	87143
component as set by the United States secretary of health and	87144
human services ~~when the medicaid waiver authorizing~~in the ~~program~~	87145
~~is approved~~assisted living waiver.	87146

~~(C) Each quarter, the state administrative agency shall~~	87147
~~certify to the director of budget and management the estimated~~	87148
~~increase in costs of the assisted living program resulting from~~	87149
~~enrollment of individuals in the assisted living program pursuant~~	87150
~~to this section.~~	87151

Sec. 5111.911. Any contract the department of job and family	87152
services enters into with the department of mental health or	87153
department of alcohol and drug addiction services under section	87154
5111.91 of the Revised Code is subject to the approval of the	87155
director of budget and management and shall require or specify all	87156
of the following:	87157

(A) In the case of a contract with the department of mental	87158
health, that section 5111.912 of the Revised Code be complied	87159
with;	87160

(B) In the case of a contract with the department of alcohol	87161
and drug addiction services, that section 5111.913 of the Revised	87162
Code be complied with;	87163

87164

(D) The department of mental health's or department of	87165
alcohol and drug addiction services' responsibilities ~~for~~	87166
~~reimbursing~~with regard to providers, including program oversight	87167
and quality assurance.	87168

Sec. 5111.912. If the department of job and family services	87169
enters into a contract with the department of mental health under	87170
section 5111.91 of the Revised Code, the department of ~~mental~~	87171
~~health and boards of alcohol, drug addiction, and mental health~~	87172
job and family services shall pay the nonfederal share of any	87173
medicaid payment to a provider for services under the component,	87174
or aspect of the component, the department of mental health	87175
administers. If necessary, the director of job and family services	87176
shall submit a state medicaid plan amendment to the United States	87177
secretary of health and human services regarding the department of	87178
job and family services' duty under this section.	87179

Sec. 5111.913. If the department of job and family services	87180
enters into a contract with the department of alcohol and drug	87181
addiction services under section 5111.91 of the Revised Code, ~~the~~	87182
~~department of alcohol and drug addiction services and~~ boards of	87183
alcohol, drug addiction, and mental health services shall pay the	87184
nonfederal share of any medicaid payment to a provider for	87185
services under the component, or aspect of the component, the	87186
department of alcohol and drug addiction services administers. A	87187
board shall use funds allocated to the board under section 3793.04	87188
of the Revised Code to pay the nonfederal share.	87189

Sec. 5111.94. (A) As used in this section, "vendor offset"	87190
means a reduction of a medicaid payment to a medicaid provider to	87191
correct a previous, incorrect medicaid payment to that provider.	87192

(B) There is hereby created in the state treasury the health	87193
care services administration fund. Except as provided in division	87194
(C) of this section, all the following shall be deposited into the	87195
fund:	87196

(1) Amounts deposited into the fund pursuant to sections	87197
5111.92 and 5111.93 of the Revised Code;	87198

(2) The amount of the state share of all money the department	87199
of job and family services, in fiscal year 2003 and each fiscal	87200
year thereafter, recovers pursuant to a tort action under the	87201
department's right of recovery under section 5101.58 of the	87202
Revised Code that exceeds the state share of all money the	87203
department, in fiscal year 2002, recovers pursuant to a tort	87204
action under that right of recovery;	87205

(3) Subject to division (D) of this section, the amount of	87206
the state share of all money the department of job and family	87207
services, in fiscal year 2003 and each fiscal year thereafter,	87208
recovers through audits of medicaid providers that exceeds the	87209
state share of all money the department, in fiscal year 2002,	87210
recovers through such audits;	87211

(4) Amounts from assessments on hospitals under section	87212
5112.06 of the Revised Code and intergovernmental transfers by	87213
governmental hospitals under section 5112.07 of the Revised Code	87214
that are deposited into the fund in accordance with the law;	87215

(5) Amounts that the department of education pays to the	87216
department of job and family services, if any, pursuant to an	87217
interagency agreement entered into under section 5111.713 of the	87218
Revised Code;	87219

(6) The application fees charged to providers under section	87220
5111.063 of the Revised Code.	87221

(C) No funds shall be deposited into the health care services	87222
administration fund in violation of federal statutes or	87223
regulations.	87224

(D) In determining under division (B)(3) of this section the	87225
amount of money the department, in a fiscal year, recovers through	87226
audits of medicaid providers, the amount recovered in the form of	87227
vendor offset shall be excluded.	87228

(E) The director of job and family services shall use funds	87229
available in the health care services administration fund to pay	87230
for costs associated with the administration of the medicaid	87231
program.	87232

Sec. 5111.941. ~~(A)~~ The medicaid revenue and collections fund	87233
is hereby created in the state treasury. Except as otherwise	87234
provided by statute or as authorized by the controlling board,	87235
~~both of the following shall be credited to the fund:~~	87236

~~(1) The~~the nonfederal share of all medicaid-related	87237
revenues, collections, and recoveries;	87238

~~(2) The monthly premiums charged under the children's buy-in~~	87239
~~program pursuant to section 5101.5213 of the Revised Code~~shall be	87240
credited to the fund.	87241

~~(B)~~ The department of job and family services shall use money	87242
credited to the medicaid revenue and collections fund to pay for	87243
medicaid services and contracts ~~and the children's buy-in program~~	87244
~~established under sections 5101.5211 to 5101.5216 of the Revised~~	87245
~~Code~~.	87246

Sec. 5111.944. (A) As used in this section:

87247

"Dual eligible individual" has the same meaning as in section	87248
1915(h)(2)(B) of the "Social Security Act," 124 Stat. 315 (2010),	87249
42 U.S.C. 1396n(h)(2)(B).	87250

"Dual eligible integrated care demonstration project" means	87251
the demonstration project authorized by section 5111.981 of the	87252
Revised Code.	87253

"Medicare program" means the program created under Title	87254
XVIII of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.	87255
1395, as amended.	87256

(B) There is created in the state treasury the integrated	87257
care delivery systems fund. If the terms of the federal approval	87258
for the dual eligible integrated care demonstration project	87259
provide for the state to receive a portion of the amounts that the	87260
demonstration project saves the medicare program, such amounts	87261
shall be deposited into the fund. The department of job and family	87262
services shall use the money in the fund to further develop	87263
integrated delivery systems and improved care coordination for	87264
dual eligible individuals.	87265

Sec. 5111.945. There is created in the state treasury the	87266
health care special activities fund. The department of job and	87267
family services shall deposit all funds it receives pursuant to	87268
the administration of the medicaid program into the fund, other	87269
than any such funds that are required by law to be deposited into	87270
another fund. The department shall use the money in the fund to	87271
pay for expenses related to the services provided under, and the	87272
administration of, the medicaid program.	87273

Sec. 5111.97. (A) As used in this section ~~and in section~~	87274
~~5111.971 of the Revised Code~~, "nursing facility" has the same	87275
meaning as in section 5111.20 of the Revised Code.	87276

(B) To the extent funds are available, the director of job	87277
and family services may establish the Ohio access success project	87278
to help medicaid recipients make the transition from residing in a	87279
nursing facility to residing in a community setting. The ~~program~~	87280
project may be established as a separate ~~non-medicaid~~nonmedicaid	87281
program or integrated into a new or existing program of	87282
medicaid-funded home and community-based services authorized by a	87283
waiver approved by the United States department of health and	87284
human services. The director shall permit any recipient of	87285
medicaid-funded nursing facility services to apply for	87286
participation in the ~~program~~project, but may limit the number of	87287
~~program~~project participants. ~~If an application is received before~~	87288
~~the applicant has been a recipient of medicaid-funded nursing~~	87289
~~facility services for six months, the~~	87290

The director shall ensure that an assessment of an applicant	87291
is conducted as soon as practicable to determine whether the	87292
applicant is eligible for participation in the ~~program~~project. To	87293
the maximum extent possible, the assessment and eligibility	87294
determination shall be completed not later than the date that	87295
occurs six months after the applicant became a recipient of	87296
medicaid-funded nursing facility services.	87297

(C) To be eligible for benefits under the project, a medicaid	87298
recipient must satisfy all of the following requirements:	87299

(1) BeThe medicaid recipient must be a recipient of	87300
medicaid-funded nursing facility services, at the time of applying	87301
for the project benefits;.	87302

(2) ~~Need the level of care provided by nursing facilities;~~

87303

~~(3) For participation in a non-medicaid~~If the project is	87304
established as a nonmedicaid program, ~~receive services~~the	87305
medicaid recipient must be able to remain in the community ~~with a~~	87306
as a result of receiving project benefits and the projected cost	87307
of the benefits to the project does not ~~exceeding~~exceed eighty	87308
per cent of the average monthly medicaid cost of a medicaid	87309
recipient in a nursing facility;	87310

~~(4) For participation in a program established as part of~~.

87311

(3) If the project is integrated into a medicaid-funded home	87312
and community-based services waiver program, the medicaid	87313
recipient must meet waiver enrollment criteria.	87314

(D) If the director establishes the Ohio access success	87315
project, the benefits provided under the project may include	87316
payment of all of the following:	87317

(1) The first month's rent in a community setting;

87318

(2) Rental deposits;

87319

(3) Utility deposits;

87320

(4) Moving expenses;

87321

(5) Other expenses not covered by the medicaid program that	87322
facilitate a medicaid recipient's move from a nursing facility to	87323
a community setting.	87324

(E) If the project is established as a ~~non-medicaid~~	87325
nonmedicaid program, no participant may receive more than two	87326
thousand dollars worth of benefits under the project.	87327

(F) The director may submit a request to the United States	87328
secretary of health and human services pursuant to section 1915 of	87329
the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396n,	87330
as amended, to create a medicaid home and community-based services	87331
waiver program to serve individuals who meet the criteria for	87332
participation in the Ohio access success project. The director may	87333
adopt rules under Chapter 119. of the Revised Code for the	87334
administration and operation of the ~~program~~project.	87335

Sec. 5111.981. (A) As used in this section:

87336

"Dual eligible individual" has the same meaning as in section	87337
1915(h)(2)(B) of the "Social Security Act," 124 Stat. 315 (2010),	87338
42 U.S.C. 1396n(h)(2)(B).	87339

"Medicare program" means the program created under Title	87340
XVIII of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.	87341
1395, as amended.	87342

(B) Subject to division (C) of this section, the director of	87343
job and family services may implement a demonstration project to	87344
test and evaluate the integration of the care that dual eligible	87345
individuals receive under the medicare and medicaid programs. No	87346
provision of Title LI of the Revised Code applies to the	87347
demonstration project if that provision implements or incorporates	87348
a provision of federal law governing the medicaid program and that	87349
provision of federal law does not apply to the demonstration	87350
project.	87351

(C) Before implementing the demonstration project under	87352
division (B) of this section, the director shall obtain the	87353
approval of the United States secretary of health and human	87354
services in the form of a federal medicaid waiver, medicaid state	87355
plan amendment, or demonstration grant. The director is required	87356
to seek the federal approval only if the director seeks to	87357
implement the demonstration project. The director shall implement	87358
the demonstration project in accordance with the terms of the	87359
federal approval, including the terms regarding the duration of	87360
the demonstration project.	87361

Sec. 5112.30. As used in sections 5112.30 to 5112.39 of the	87362
Revised Code:	87363

(A) "Franchise permit fee rate" means the following:

87364

(1) ~~Until August 1, 2009, eleven dollars and ninety-eight~~	87365
~~cents;~~	87366

~~(2) For the period beginning August 1, 2009, and ending June~~	87367
~~30, 2010, fourteen dollars and seventy-five cents;~~	87368

~~(3)~~ For fiscal year ~~2011~~2012, ~~thirteen~~seventeen dollars and	87369
~~fifty-five~~ninety-nine cents;	87370

~~(4)~~(2) For fiscal year ~~2012~~2013 and each fiscal year	87371
thereafter, ~~the rate used for the immediately preceding fiscal~~	87372
~~year as adjusted in accordance with the composite inflation factor~~	87373
~~established in rules adopted under section 5112.39 of the Revised~~	87374
~~Code~~eighteen dollars and thirty-two cents.	87375

(B) "Indirect guarantee percentage" means the percentage	87376
specified in section 1903(w)(4)(C)(ii) of the "Social Security	87377
Act," 120 Stat. 2994 (2006), 42 U.S.C. 1396b(w)(4)(C)(ii), as	87378
amended, that is to be used in determining whether a class of	87379
providers is indirectly held harmless for any portion of the costs	87380
of a broad-based health-care-related tax. If the indirect	87381
guarantee percentage changes during a fiscal year, the indirect	87382
guarantee percentage is the following:	87383

(1) For the part of the fiscal year before the change takes	87384
effect, the percentage in effect before the change;	87385

(2) For the part of the fiscal year beginning with the date	87386
the indirect guarantee percentage changes, the new percentage.	87387

(C) "Intermediate care facility for the mentally retarded"	87388
has the same meaning as in section 5111.20 of the Revised Code,	87389
except that, until August 1, 2009, it does not include any such	87390
facility operated by the department of developmental disabilities.	87391

~~(C)~~(D) "Medicaid" has the same meaning as in section 5111.01	87392
of the Revised Code.	87393

Sec. 5112.31. The department of job and family services	87394
shall do all of the following:	87395

(A) Subject to ~~division~~divisions (B) and (C) of this section	87396
and for the purposes specified in sections 5112.37 and 5112.371 of	87397
the Revised Code, assess for each fiscal year each intermediate	87398
care facility for the mentally retarded a franchise permit fee	87399
equal to the franchise permit fee rate multiplied by the product	87400
of the following:	87401

(1) The number of beds certified under Title XIX of the	87402
"Social Security Act" on the first day of May of the calendar year	87403
in which the assessment is determined pursuant to division (A) of	87404
section 5112.33 of the Revised Code;	87405

(2) The ~~following number of days:~~

87406

~~(a) For fiscal year 2010, the following:~~

87407

~~(i) For the part of fiscal year 2010 during which the~~	87408
~~franchise permit fee rate is eleven dollars and ninety-eight~~	87409
~~cents, the number of days during fiscal year 2010 during which the~~	87410
~~franchise permit fee rate is that amount;~~	87411

~~(ii) For the part of fiscal year 2010 during which the~~	87412
~~franchise permit fee rate is fourteen dollars and seventy-five~~	87413
~~cents, the number of days during fiscal year 2010 during which the~~	87414
~~franchise permit fee is that amount;~~	87415

~~(iii) For fiscal year 2011 and each fiscal year thereafter,~~	87416
~~the~~ number of days in the fiscal year.	87417

(B) If the total amount of the franchise permit fee assessed	87418
under division (A) of this section for a fiscal year exceeds ~~five~~	87419
~~and one-half per cent~~the indirect guarantee percentage of the	87420
actual net patient revenue for all intermediate care facilities	87421
for the mentally retarded for that fiscal year, do both of the	87422
following:	87423

(1) Recalculate the assessments under division (A) of this	87424
section using a per bed per day rate equal to ~~five and one-half~~	87425
~~per cent~~the indirect guarantee percentage of actual net patient	87426
revenue for all intermediate care facilities for the mentally	87427
retarded for that fiscal year;	87428

(2) Refund the difference between the amount of the franchise	87429
permit fee assessed for that fiscal year under division (A) of	87430
this section and the amount recalculated under division (B)(1) of	87431
this section as a credit against the assessments imposed under	87432
division (A) of this section for the subsequent fiscal year.	87433

(C) If the United States secretary of health and human	87434
services determines that the franchise permit fee established by	87435
sections 5112.30 to 5112.39 of the Revised Code would be an	87436
impermissible health care-related tax under section 1903(w) of the	87437
"Social Security Act," 42 U.S.C.A. 1396b(w), as amended, take all	87438
necessary actions to cease implementation of those sections in	87439
accordance with rules adopted under section 5112.39 of the Revised	87440
Code.	87441

Sec. 5112.37. There is hereby created in the state treasury	87442
the home and community-based services for the mentally retarded	87443
and developmentally disabled fund. ~~Eighty-four~~Eighty-one and ~~two~~	87444
~~tenths~~seventy-seven hundredths per cent of all installment	87445
payments and penalties paid by an intermediate care facility for	87446
the mentally retarded under sections 5112.33 and 5112.34 of the	87447
Revised Code for state fiscal year ~~2010~~2012 shall be deposited	87448
into the fund. ~~Seventy-nine~~Eighty-two and ~~twelve hundredths~~two	87449
tenths per cent of all installment payments and penalties paid by	87450
an intermediate care facility for the mentally retarded under	87451
sections 5112.33 and 5112.34 of the Revised Code for state fiscal	87452
year ~~2011~~2013 and thereafter shall be deposited into the fund.	87453
The department of job and family services shall distribute the	87454
money in the fund in accordance with rules adopted under section	87455
5112.39 of the Revised Code. The departments of job and family	87456
services and developmental disabilities shall use the money for	87457
the medicaid program established under Chapter 5111. of the	87458
Revised Code and home and community-based services to mentally	87459
retarded and developmentally disabled persons.	87460

Sec. 5112.371. There is hereby created in the state treasury	87461
the department of developmental disabilities operating and	87462
services fund. ~~Fifteen and eight tenths per cent of all~~All	87463
installment payments and penalties paid by an intermediate care	87464
facility for the mentally retarded under sections 5112.33 and	87465
5112.34 of the Revised Code ~~for state fiscal year 2010~~that are	87466
not deposited into the home and community-based services for the	87467
mentally retarded and developmentally disabled fund shall be	87468
deposited into the department of developmental disabilities	87469
operating and services fund. ~~Twenty and eighty-eight hundredths~~	87470
~~per cent of all installment payments and penalties paid by an~~	87471
~~intermediate care facility for the mentally retarded under~~	87472
~~sections 5112.33 and 5112.34 of the Revised Code for state fiscal~~	87473
~~year 2011 and thereafter shall be deposited into the fund.~~ The	87474
money in the fund shall be used for the expenses of the programs	87475
that the department of ~~mental retardation and~~ developmental	87476
disabilities administers and the department's administrative	87477
expenses.	87478

Sec. 5112.39. The director of job and family services shall	87479
adopt rules in accordance with Chapter 119. of the Revised Code to	87480
do all of the following:	87481

(A) ~~Establish a composite inflation factor for the purpose of~~	87482
~~division (A)(4) of section 5112.30 of the Revised Code;~~	87483

~~(B)~~ Prescribe the actions the department will take to cease	87484
implementation of sections 5112.30 to 5112.39 of the Revised Code	87485
if the United States secretary of health and human services	87486
determines that the franchise permit fee imposed under section	87487
5112.31 of the Revised Code is an impermissible health	87488
care-related tax under section 1903(w) of the "Social Security	87489
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1396b(w), as amended;	87490

~~(C)~~(B) Establish the method of distributing the money in the	87491
home and community-based services for the mentally retarded and	87492
developmentally disabled fund created by section 5112.37 of the	87493
Revised Code;	87494

~~(D)~~(C) Establish any other requirements or procedures the	87495
director considers necessary to implement sections 5112.30 to	87496
5112.39 of the Revised Code.	87497

Sec. 5112.40. As used in sections 5112.40 to 5112.48 of the	87498
Revised Code:	87499

(A) "Applicable assessment percentage" means the percentage	87500
specified in rules adopted under section 5112.46 of the Revised	87501
Code that is used in calculating a hospital's assessment under	87502
section 5112.41 of the Revised Code.	87503

(B) "Assessment program year" means the twelve-month period	87504
beginning the first day of October of a calendar year and ending	87505
the last day of September of the following calendar year.	87506

~~(B)~~(C) "Cost reporting period" means the period of time used	87507
by a hospital in reporting costs for purposes of the medicare	87508
program.	87509

~~(C)~~(D) "Federal fiscal year" means the twelve-month period	87510
beginning the first day of October of a calendar year and ending	87511
the last day of September of the following calendar year.	87512

~~(D)~~(E)(1) Except as provided in division ~~(D)~~(E)(2) of this	87513
section, "hospital" means a hospital to which any of the following	87514
applies:	87515

(a) The hospital is registered under section 3701.07 of the	87516
Revised Code as a general medical and surgical hospital or a	87517
pediatric general hospital and provides inpatient hospital	87518
services, as defined in 42 C.F.R. 440.10.	87519

(b) The hospital is recognized under the medicare program as	87520
a cancer hospital and is exempt from the medicare prospective	87521
payment system.	87522

(c) The hospital is a psychiatric hospital licensed under	87523
section 5119.20 of the Revised Code.	87524

(2) "Hospital" does not include either of the following:

87525

(a) A federal hospital;

87526

(b) A hospital that does not charge any of its patients for	87527
its services.	87528

~~(E)~~(F) "Hospital care assurance program" means the program	87529
established under sections 5112.01 to 5112.21 of the Revised Code.	87530

~~(F)~~(G) "Medicaid" has the same meaning as in section 5111.01	87531
of the Revised Code.	87532

~~(G)~~(H) "Medicare" means the program established under Title	87533
XVIII of the Social Security Act.	87534

~~(H)~~(I) "State fiscal year" means the twelve-month period	87535
beginning the first day of July of a calendar year and ending the	87536
last day of June of the following calendar year.	87537

~~(I)~~(J)(1) Except as provided in divisions ~~(I)~~(J)(2) and (3)	87538
of this section, "total facility costs" means the total costs to a	87539
hospital for all care provided to all patients, including the	87540
direct, indirect, and overhead costs to the hospital of all	87541
services, supplies, equipment, and capital related to the care of	87542
patients, regardless of whether patients are enrolled in a health	87543
insuring corporation.	87544

(2) "Total facility costs" excludes all of the following of a	87545
hospital's costs as shown on the cost-reporting data used for	87546
purposes of determining the hospital's assessment under section	87547
5112.41 of the Revised Code:	87548

(a) Skilled nursing services provided in distinct-part	87549
nursing facility units;	87550

(b) Home health services;

87551

87552

(d) Ambulance services;

87553

(e) Renting durable medical equipment;

87554

(f) Selling durable medical equipment.

87555

(3) "Total facility costs" excludes any costs excluded from a	87556
hospital's total facility costs pursuant to rules, if any, adopted	87557
under division (B)(1) of section 5112.46 of the Revised Code.	87558

Sec. 5112.41. (A) For the purposes specified in section	87559
5112.45 of the Revised Code and subject to section 5112.48 of the	87560
Revised Code, there is hereby imposed an assessment on all	87561
hospitals each assessment program year. The amount of a hospital's	87562
assessment for an assessment program year shall equal~~, except as~~	87563
~~provided in division (D) of this section,~~ the applicable	87564
assessment percentage ~~specified in division (B) of this section~~ of	87565
the hospital's total facility costs for the period of time	87566
specified in division ~~(C)~~(B) of this section. The amount of a	87567
hospital's total facility costs shall be derived from	87568
cost-reporting data for the hospital submitted to the department	87569
of job and family services for purposes of the hospital care	87570
assurance program. If a hospital has not submitted that	87571
cost-reporting data to the department, the amount of a hospital's	87572
total facility costs shall be derived from other financial	87573
statements that the hospital shall provide to the department as	87574
directed by the department. The cost-reporting data or financial	87575
statements used to determine a hospital's assessment is subject to	87576
the same type of adjustments made to the cost-reporting data under	87577
the hospital care assurance program.	87578

(B) ~~The percentage specified in this division is the~~	87579
~~following:~~	87580

~~(1) For the first assessment program year beginning after the~~	87581
~~effective date of this section, one and fifty-two hundredths per~~	87582
~~cent;~~	87583

~~(2) Subject to division (D) of this section, for the second~~	87584
~~assessment program year after the effective date of this section~~	87585
~~and each successive assessment program year, one and sixty-one~~	87586
~~hundredths per cent.~~	87587

~~(C)~~ The period of time specified in this division is the	87588
hospital's cost reporting period that ends in the state fiscal	87589
year that ends in the federal fiscal year that precedes the	87590
federal fiscal year that precedes the assessment program year for	87591
which the assessment is imposed.	87592

~~(D) The department of job and family services shall apply to~~	87593
~~the United States secretary of health and human services for a~~	87594
~~waiver under 42 U.S.C. 1396b(w)(3)(E) to establish, for the second~~	87595
~~assessment program year after the effective date of this section~~	87596
~~and each successive assessment program year, a tiered assessment~~	87597
~~on hospitals' total facility costs instead of applying the~~	87598
~~percentage specified in division (B)(2) of this section. If the~~	87599
~~United States secretary denies the waiver, the department shall~~	87600
~~apply the percentage specified in division (B)(2) of this section~~	87601
~~for the second assessment program year after the effective date of~~	87602
~~this section and each successive assessment program year.~~	87603

~~(E)~~(C) The assessment imposed by this section on a hospital	87604
is in addition to the assessment imposed by section 5112.06 of the	87605
Revised Code.	87606

Sec. 5112.46. (A) The director of job and family services	87607
~~may~~shall adopt, amend, and rescind rules in accordance with	87608
Chapter 119. of the Revised Code as necessary to implement	87609
sections 5112.40 to 5112.48 of the Revised Code, including rules	87610
that specify the percentage of hospitals' total facility costs to	87611
be used in calculating hospitals' assessments under section	87612
5112.41 of the Revised Code.	87613

(B) The rules adopted under this section may ~~provide~~do the	87614
following:	87615

(1) Provide that a hospital's total facility costs for the	87616
purpose of the assessment under section 5112.41 of the Revised	87617
Code exclude any of the following:	87618

~~(1)~~(a) A hospital's costs associated with providing care to	87619
recipients of any of the following:	87620

~~(a)~~(i) The medicaid program;

87621

~~(b)~~(ii) The medicare program;

87622

~~(c)~~(iii) The disability financial assistance program	87623
established under Chapter 5115. of the Revised Code;	87624

~~(d)~~(iv) The program for medically handicapped children	87625
established under section 3701.023 of the Revised Code;	87626

~~(e)~~(v) Services provided under the maternal and child health	87627
services block grant established under Title V of the Social	87628
Security Act.	87629

~~(2)~~(b) Any other category of hospital costs the director	87630
deems appropriate under federal law and regulations governing the	87631
medicaid program.	87632

(2) Subject to division (C) of this section, provide for the	87633
percentage of hospitals' total facility costs used in calculating	87634
hospitals' assessments to vary for different hospitals;	87635

(3) To reduce hospitals' cash flow difficulties, establish a	87636
schedule for hospitals to pay their assessments that is different	87637
from the schedule established under section 5112.43 of the Revised	87638
Code.	87639

(C) Before adopting rules authorized by division (B)(2) of	87640
this section that establish varied percentages to be used in	87641
calculating hospitals' assessments, the director shall obtain a	87642
waiver from the United States secretary of health and human	87643
services under section 1903(w)(3)(E) of the "Social Security Act,"	87644
105 Stat. 1796 (1991), 42 U.S.C. 1396b(w)(3)(E), as amended, if	87645
the varied percentages would cause the assessments to not be	87646
imposed uniformly.	87647

Sec. 5112.99. (A) The director of job and family services	87648
shall impose a penalty for each day that a hospital fails to	87649
report the information required under section 5112.04 of the	87650
Revised Code on or before the dates specified in that section. The	87651
amount of the penalty shall be established by the director in	87652
rules adopted under section 5112.03 of the Revised Code.	87653

(B) In addition to any other remedy available to the	87654
department of job and family services under law to collect unpaid	87655
assessments and transfers under sections 5112.01 to 5112.21 of the	87656
Revised Code, the director shall impose a penalty of ten per cent	87657
of the amount due on any hospital that fails to pay assessments or	87658
make intergovernmental transfers by the dates required by rules	87659
adopted under section 5112.03 of the Revised Code.	87660

(C) In addition to any other remedy available to the	87661
department of job and family services under law to collect unpaid	87662
assessments imposed under section 5112.41 of the Revised Code, the	87663
director shall impose a penalty of ten per cent of the amount due	87664
on any hospital that fails to pay the assessment by the date it is	87665
due.	87666

(D) The director shall waive the penalties provided for in	87667
~~divisions (A) and (B) of~~ this section for good cause shown by the	87668
hospital.	87669

~~(D)~~(E) All penalties imposed under this section shall be	87670
deposited into the health care administration fund created by	87671
section 5111.94 of the Revised Code.	87672

Sec. 5112.991. The department of job and family services may	87673
offset the amount of a hospital's unpaid penalty imposed under	87674
section 5112.99 of the Revised Code from one or more payments due	87675
the hospital under the medicaid program. The total amount that may	87676
be offset from one or more payments shall not exceed the amount of	87677
the unpaid penalty.	87678

Sec. 5119.01. The director of mental health is the chief	87679
executive and administrative officer of the department of mental	87680
health. The director may establish procedures for the governance	87681
of the department, conduct of its employees and officers,	87682
performance of its business, and custody, use, and preservation of	87683
departmental records, papers, books, documents, and property.	87684
Whenever the Revised Code imposes a duty upon or requires an	87685
action of the department or any of its institutions, the director	87686
shall perform the action or duty in the name of the department,	87687
except that the medical director appointed pursuant to section	87688
5119.07 of the Revised Code shall be responsible for decisions	87689
relating to medical diagnosis, treatment, rehabilitation, quality	87690
assurance, and the clinical aspects of the following: licensure of	87691
hospitals and residential facilities, research, community mental	87692
health plans, and delivery of mental health services.	87693

The director shall:

87694

(A) Adopt rules for the proper execution of the powers and	87695
duties of the department with respect to the institutions under	87696
its control, and require the performance of additional duties by	87697
the officers of the institutions as necessary to fully meet the	87698
requirements, intents, and purposes of this chapter. In case of an	87699
apparent conflict between the powers conferred upon any managing	87700
officer and those conferred by such sections upon the department,	87701
the presumption shall be conclusive in favor of the department.	87702

(B) Adopt rules for the nonpartisan management of the	87703
institutions under the department's control. An officer or	87704
employee of the department or any officer or employee of any	87705
institution under its control who, by solicitation or otherwise,	87706
exerts influence directly or indirectly to induce any other	87707
officer or employee of the department or any of its institutions	87708
to adopt the exerting officer's or employee's political views or	87709
to favor any particular person, issue, or candidate for office	87710
shall be removed from the exerting officer's or employee's office	87711
or position, by the department in case of an officer or employee,	87712
and by the governor in case of the director.	87713

(C) Appoint such employees, including the medical director,	87714
as are necessary for the efficient conduct of the department, and	87715
prescribe their titles and duties;	87716

(D) Prescribe the forms of affidavits, applications, medical	87717
certificates, orders of hospitalization and release, and all other	87718
forms, reports, and records that are required in the	87719
hospitalization or admission and release of all persons to the	87720
institutions under the control of the department, or are otherwise	87721
required under this chapter or Chapter 5122. of the Revised Code;	87722

(E) Contract with hospitals licensed by the department under	87723
section 5119.20 of the Revised Code for the care and treatment of	87724
mentally ill patients, or with persons, organizations, or agencies	87725
for the custody, evaluation, supervision, care, or treatment of	87726
mentally ill persons receiving services elsewhere than within the	87727
enclosure of a hospital operated under section 5119.02 of the	87728
Revised Code;	87729

(F) Exercise the powers and perform the duties relating to	87730
community mental health facilities and services that are assigned	87731
to the director under this chapter and Chapter 340. of the Revised	87732
Code;	87733

(G) Develop and implement clinical evaluation and monitoring	87734
of services that are operated by the department;	87735

(H) ~~At the director's discretion, adopt rules establishing~~	87736
~~standards for the adequacy of services provided by community~~	87737
~~mental health facilities, and certify the compliance of such~~	87738
~~facilities with the standards for the purpose of authorizing their~~	87739
~~participation in the health care plans of health insuring~~	87740
~~corporations under Chapter 1751. and sickness and accident~~	87741
~~insurance policies issued under Chapter 3923. of the Revised Code.~~	87742
~~The director shall cease to certify such compliance two years~~	87743
~~after June 6, 2001. The director shall rescind the rules after the~~	87744
~~date the director ceases to certify such compliance.~~	87745

~~(I)~~ Adopt rules establishing standards for the performance of	87746
evaluations by a forensic center or other psychiatric program or	87747
facility of the mental condition of defendants ordered by the	87748
court under section 2919.271, or 2945.371 of the Revised Code, and	87749
for the treatment of defendants who have been found incompetent to	87750
stand trial and ordered by the court under section 2945.38,	87751
2945.39, 2945.401, or 2945.402 of the Revised Code to receive	87752
treatment in facilities;	87753

~~(J)~~(I) On behalf of the department, have the authority and	87754
responsibility for entering into contracts and other agreements;	87755

~~(K)~~(J) Prepare and publish regularly a state mental health	87756
plan that describes the department's philosophy, current	87757
activities, and long-term and short-term goals and activities;	87758

~~(L)~~(K) Adopt rules in accordance with Chapter 119. of the	87759
Revised Code specifying the supplemental services that may be	87760
provided through a trust authorized by section 5815.28 of the	87761
Revised Code;	87762

~~(M)~~(L) Adopt rules in accordance with Chapter 119. of the	87763
Revised Code establishing standards for the maintenance and	87764
distribution to a beneficiary of assets of a trust authorized by	87765
section 5815.28 of the Revised Code.	87766

Sec. 5119.012. The department of mental health has all the	87767
authority necessary to carry out its powers and duties under this	87768
chapter and Chapters 340., 2919., 2945., and 5122. of the Revised	87769
Code.	87770

Sec. 5119.013. Pursuant to the director of mental health's	87771
authority under division (J) of section 5119.01 of the Revised	87772
Code, the director may contract with agencies, institutions, and	87773
other entities both public and private, as necessary for the	87774
department of mental health to carry out its duties under this	87775
chapter and Chapters 340., 2919., 2945., and 5122. of the Revised	87776
Code. Chapter 125. of the Revised Code does not apply to contracts	87777
the director enters into under this section.	87778

Sec. 5119.02. (A) The department of mental health shall	87779
maintain, operate, manage, and govern state institutions for the	87780
care and treatment of mentally ill persons.	87781

(B) The department of mental health may designate all	87782
institutions under its jurisdiction by appropriate respective	87783
names, regardless of present statutory designation.	87784

(C) Subject to section 5139.08 and pursuant to Chapter 5122.	87785
of the Revised Code and on the agreement of the departments of	87786
mental health and youth services, the department of mental health	87787
may receive from the department of youth services for psychiatric	87788
observation, diagnosis, or treatment any person eighteen years of	87789
age or older in the custody of the department of youth services.	87790
The departments shall enter into a written agreement specifying	87791
the procedures necessary to implement this division.	87792

(D) The department of mental health shall ~~provide and~~	87793
designate hospitals, facilities, and community mental health	87794
agencies for the custody, care, and special treatment of, and	87795
authorize payment for such custody, care, and special treatment	87796
provided to, persons who are charged with a crime and who are	87797
found incompetent to stand trial or not guilty by reason of	87798
insanity.	87799

(E) The department of mental health may do all of the	87800
following:	87801

(1) Require reports from the managing officer of any	87802
institution under the department's jurisdiction, relating to the	87803
admission, examination, comprehensive evaluation, diagnosis,	87804
release, or discharge of any patient;	87805

(2) Visit each institution regularly to review its operations	87806
and to investigate complaints made by any patient or by any person	87807
on behalf of a patient, provided these duties may be performed by	87808
a person designated by the director.	87809

(F) The department of mental health shall divide the state	87810
into districts for the purpose of designating the institution in	87811
which mentally ill persons are hospitalized, and may change the	87812
districts.	87813

(G) In addition to the powers expressly conferred, the	87814
department of mental health shall have all powers and authority	87815
necessary for the full and efficient exercise of the executive,	87816
administrative, and fiscal supervision over the state institutions	87817
described in this section.	87818

(H) The department of mental health may provide for the	87819
custody, supervision, control, treatment, and training of mentally	87820
ill persons hospitalized elsewhere than within the enclosure of a	87821
hospital, if the department so determines with respect to any	87822
individual or group of individuals. In all such cases, the	87823
department shall ensure adequate and proper supervision for the	87824
protection of such persons and of the public.	87825

Sec. 5119.06. ~~(A)~~ The department of mental health shall:

87826

~~(1) Establish and~~(A) To the extent the department has	87827
available resources and in consultation with boards of alcohol,	87828
drug addiction, and mental health services, support a ~~program at~~	87829
~~the state level to promote a~~ community support system in	87830
accordance with section 340.03 of the Revised Code ~~to be available~~	87831
~~for every alcohol, drug addiction, and mental health service~~	87832
~~district~~on a district or multi-district basis. The department	87833
shall define the essential elements of a community support system,	87834
shall assist in identifying resources, and ~~coordinating the~~	87835
~~planning, evaluation, and delivery of services to facilitate the~~	87836
~~access of mentally ill people to public services at federal,~~	87837
~~state, and local levels, and shall operate~~may prioritize support	87838
for one or more of the elements.	87839

(B) Operate inpatient and other mental health services	87840
~~pursuant to the approved community mental health plan.~~	87841

~~(2)~~;

87842

(C) Provide training, consultation, and technical assistance	87843
regarding mental health programs and services and appropriate	87844
prevention and mental health promotion activities, including those	87845
that are culturally sensitive, to employees of the department,	87846
community mental health agencies and boards, and other agencies	87847
providing mental health services;	87848

~~(3) Promote~~(D) To the extent the department has available	87849
resources, promote and support a full range of mental health	87850
services that are available and accessible to all residents of	87851
this state, especially for severely mentally disabled children,	87852
adolescents, and adults, and other special target populations,	87853
including racial and ethnic minorities, as determined by the	87854
department.;	87855

~~(4)~~(E) Design and set criteria for the determination of	87856
severe mental disability;	87857

~~(5)~~(F) Establish standards for evaluation of mental health	87858
programs;	87859

~~(6)~~(G) Promote, direct, conduct, and coordinate scientific	87860
research, taking ethnic and racial differences into consideration,	87861
concerning the causes and prevention of mental illness, methods of	87862
providing effective services and treatment, and means of enhancing	87863
the mental health of all residents of this state;	87864

~~(7)~~(H) Foster the establishment and availability of	87865
vocational rehabilitation services and the creation of employment	87866
opportunities for consumers of mental health services, including	87867
members of racial and ethnic minorities;	87868

~~(8)~~(I) Establish a program to protect and promote the rights	87869
of persons receiving mental health services, including the	87870
issuance of guidelines on informed consent and other rights;	87871

~~(9)~~(J) Establish, in consultation with board of alcohol, drug	87872
addiction, and mental health services representatives and after	87873
consideration of the recommendations of the medical director,	87874
guidelines for the development of community mental health plans	87875
and the review and approval or disapproval of such plans submitted	87876
pursuant to section 340.03 of the Revised Code;	87877

~~(10)~~(K) Promote the involvement of persons who are receiving	87878
or have received mental health services, including families and	87879
other persons having a close relationship to a person receiving	87880
mental health services, in the planning, evaluation, delivery, and	87881
operation of mental health services.;	87882

~~(11)~~(L) Notify and consult with the relevant constituencies	87883
that may be affected by rules, standards, and guidelines issued by	87884
the department of mental health. These constituencies shall	87885
include consumers of mental health services and their families,	87886
and may include public and private providers, employee	87887
organizations, and others when appropriate. Whenever the	87888
department proposes the adoption, amendment, or rescission of	87889
rules under Chapter 119. of the Revised Code, the notification and	87890
consultation required by this division shall occur prior to the	87891
commencement of proceedings under Chapter 119. The department	87892
shall adopt rules under Chapter 119. of the Revised Code that	87893
establish procedures for the notification and consultation	87894
required by this division.	87895

~~(12)~~(M) In cooperation with board of alcohol, drug addiction,	87896
and mental health services representatives, provide training	87897
regarding the provision of community-based mental health services	87898
to those department employees who are utilized in state-operated,	87899
community-based mental health services;	87900

~~(13)~~(N) Provide consultation to the department of	87901
rehabilitation and correction concerning the delivery of mental	87902
health services in state correctional institutions;.	87903

~~(B) The department of mental health may negotiate and enter~~	87904
~~into agreements with other agencies and institutions, both public~~	87905
~~and private, for the joint performance of its duties.~~	87906

Sec. 5119.16. As used in this section, "free clinic" has the	87907
same meaning as in section 2305.2341 of the Revised Code.	87908

(A) The department of mental health may provide certain goods	87909
and services for the department of mental health, the department	87910
of developmental disabilities, the department of rehabilitation	87911
and correction, the department of youth services, and other state,	87912
county, or municipal agencies requesting such goods and services	87913
when the department of mental health determines that it is in the	87914
public interest, and considers it advisable, to provide these	87915
goods and services. The department of mental health also may	87916
provide goods and services to agencies operated by the United	87917
States government and to public or private nonprofit agencies,	87918
other than free clinics, that are funded in whole or in part by	87919
the state if the public or private nonprofit agencies are	87920
designated for participation in this program by the director of	87921
mental health for community mental health agencies, the director	87922
of developmental disabilities for community mental retardation and	87923
developmental disabilities agencies, the director of	87924
rehabilitation and correction for community rehabilitation and	87925
correction agencies, or the director of youth services for	87926
community youth services agencies.	87927

Designated community agencies shall receive goods and	87928
services through the department of mental health only in those	87929
cases where the designating state agency certifies that providing	87930
such goods and services to the agency will conserve public	87931
resources to the benefit of the public and where the provision of	87932
such goods and services is considered feasible by the department	87933
of mental health.	87934

(B) The department of mental health may permit free clinics	87935
to purchase certain goods and services to the extent the purchases	87936
fall within the exemption to the Robinson-Patman Act, 15 U.S.C. 13	87937
et seq., applicable to nonprofit institutions, in 15 U.S.C. 13c,	87938
as amended.	87939

(C) The goods and services that may be provided by the	87940
department of mental health under divisions (A) and (B) of this	87941
section may include:	87942

(1) Procurement, storage, processing, and distribution of	87943
food and professional consultation on food operations;	87944

(2) Procurement, storage, and distribution of medical and	87945
laboratory supplies, dental supplies, medical records, forms,	87946
optical supplies, and sundries, subject to section 5120.135 of the	87947
Revised Code;	87948

(3) Procurement, storage, repackaging, distribution, and	87949
dispensing of drugs, the provision of professional pharmacy	87950
consultation, and drug information services;	87951

(4) Other goods and services.

87952

(D) The department of mental health may provide the goods and	87953
services designated in division (C) of this section to its	87954
institutions and to state-operated community-based mental health	87955
services.	87956

(E) After consultation with and advice from the director of	87957
developmental disabilities, the director of rehabilitation and	87958
correction, and the director of youth services, the department of	87959
mental health may provide the goods and services designated in	87960
division (C) of this section to the department of developmental	87961
disabilities, the department of rehabilitation and correction, and	87962
the department of youth services.	87963

(F) The cost of administration of this section shall be	87964
determined by the department of mental health and paid by the	87965
agencies or free clinics receiving the goods and services to the	87966
department for deposit in the state treasury to the credit of the	87967
mental health fund, which is hereby created. The fund shall be	87968
used to pay the cost of administration of this section to the	87969
department.	87970

(G) Whenever a state agency fails to make a payment for goods	87971
and services provided under this section within thirty-one days	87972
after the date the payment was due, the office of budget and	87973
management may transfer moneys from the state agency to the	87974
department of mental health. The amount transferred shall not	87975
exceed the amount of overdue payments. Prior to making a transfer	87976
under this division, the office of budget and management shall	87977
apply any credits the state agency has accumulated in payments for	87978
goods and services provided under this section.	87979

(H) ~~Purchases~~Except as specified in section 125.024 of the	87980
Revised Code, purchases of goods and services under this section	87981
are not subject to section 307.86 of the Revised Code.	87982

Sec. 5119.18. There is hereby created in the state treasury	87983
the department of mental health trust fund. Not later than the	87984
first day of September of each year, the director of mental health	87985
shall certify to the director of budget and management the amount	87986
of all of the unexpended, unencumbered balances of general revenue	87987
fund appropriations made to the department of mental health for	87988
the previous fiscal year, excluding funds appropriated for rental	87989
payments to the Ohio public facilities commission. On receipt of	87990
the certification, the director of budget and management shall	87991
transfer cash to the trust fund in an amount up to, but not	87992
exceeding, the total of the amounts certified by the director of	87993
mental health.	87994

In addition, the trust fund shall receive all amounts,	87995
subject to any provisions in bond documents, received from the	87996
sale or lease of lands and facilities by the department.	87997

All moneys in the trust fund shall be used by the department	87998
of mental health ~~for mental health purposes specified in division~~	87999
~~(A) of section 5119.06 of the Revised Code~~to pay for expenditures	88000
the department incurs in performing any of its duties under this	88001
chapter. The use of moneys in the trust fund pursuant to this	88002
section does not represent an ongoing commitment to the	88003
continuation of the trust fund or to the use of moneys in the	88004
trust fund.	88005

Sec. 5119.22. (A)(1) As used in this section and sections	88006
5119.221 and 5119.222 of the Revised Code:	88007

(a) "Community mental health agency" means a community mental	88008
health agency as defined in division (H) of section 5122.01 of the	88009
Revised Code~~, or, until two years after the effective date of this~~	88010
~~amendment, a community mental health facility certified by the~~	88011
~~department of mental health pursuant to division (H) of section~~	88012
~~5119.01 of the Revised Code~~.	88013

(b) "Community mental health services" means any of the	88014
services listed in section 340.09 of the Revised Code.	88015

(c) "Personal care services" means services including, but	88016
not limited to, the following:	88017

(i) Assisting residents with activities of daily living;

88018

(ii) Assisting residents with self-administration of	88019
medication in accordance with rules adopted under this section;	88020

(iii) Preparing special diets, other than complex therapeutic	88021
diets, for residents pursuant to the instructions of a physician	88022
or a licensed dietitian, in accordance with rules adopted under	88023
this section.	88024

"Personal care services" does not include "skilled nursing	88025
care" as defined in section 3721.01 of the Revised Code. A	88026
facility need not provide more than one of the services listed in	88027
division (A)(1)(c) of this section to be considered to be	88028
providing personal care services.	88029

(d) "Residential facility" means a publicly or privately	88030
operated home or facility that provides one of the following:	88031

(i) Room and board, personal care services, and community	88032
mental health services to one or more persons with mental illness	88033
or persons with severe mental disabilities who are referred by or	88034
are receiving community mental health services from a community	88035
mental health agency, hospital, or practitioner;	88036

(ii) Room and board and personal care services to one or two	88037
persons with mental illness or persons with severe mental	88038
disabilities who are referred by or are receiving community mental	88039
health services from a community mental health agency, hospital,	88040
or practitioner;	88041

(iii) Room and board to five or more persons with mental	88042
illness or persons with severe mental disabilities who are	88043
referred by or are receiving community mental health services from	88044
a community mental health agency, hospital, or practitioner.	88045

The following are not residential facilities: the residence	88046
of a relative or guardian of a mentally ill individual, a hospital	88047
subject to licensure under section 5119.20 of the Revised Code, a	88048
residential facility as defined in section 5123.19 of the Revised	88049
Code, a facility providing care for a child in the custody of a	88050
public children services agency or a private agency certified	88051
under section 5103.03 of the Revised Code, a foster care facility	88052
subject to section 5103.03 of the Revised Code, an adult care	88053
facility subject to licensure under ~~Chapter 3722.~~sections 5119.70	88054
to 5119.88 of the Revised Code, and a nursing home, residential	88055
care facility, or home for the aging subject to licensure under	88056
section 3721.02 of the Revised Code.	88057

(2) Nothing in division (A)(1)(d) of this section shall be	88058
construed to permit personal care services to be imposed on a	88059
resident who is capable of performing the activity in question	88060
without assistance.	88061

(3) Except in the case of a residential facility described in	88062
division (A)(1)(d)(i) of this section, members of the staff of a	88063
residential facility shall not administer medication to residents,	88064
all medication taken by residents of a residential facility shall	88065
be self-administered, and no person shall be admitted to or	88066
retained by a residential facility unless the person is capable of	88067
taking the person's own medication and biologicals, as determined	88068
in writing by the person's personal physician. Members of the	88069
staff of a residential facility may do any of the following:	88070

(a) Remind a resident when to take medication and watch to	88071
ensure that the resident follows the directions on the container;	88072

(b) Assist a resident in the self-administration of	88073
medication by taking the medication from the locked area where it	88074
is stored, in accordance with rules adopted pursuant to this	88075
section, and handing it to the resident. If the resident is	88076
physically unable to open the container, a staff member may open	88077
the container for the resident.	88078

(c) Assist a physically impaired but mentally alert resident,	88079
such as a resident with arthritis, cerebral palsy, or Parkinson's	88080
disease, in removing oral or topical medication from containers	88081
and in consuming or applying the medication, upon request by or	88082
with the consent of the resident. If a resident is physically	88083
unable to place a dose of medicine to the resident's mouth without	88084
spilling it, a staff member may place the dose in a container and	88085
place the container to the mouth of the resident.	88086

(B) Every person operating or desiring to operate a	88087
residential facility shall apply for licensure of the facility to	88088
the department of mental health and shall send a copy of the	88089
application to the board of alcohol, drug addiction, and mental	88090
health services whose service district includes the county in	88091
which the person operates or desires to operate a residential	88092
facility. The board shall review such applications and recommend	88093
approval or disapproval to the department. Each recommendation	88094
shall be consistent with the board's community mental health plan.	88095

(C) The department of mental health shall inspect and license	88096
the operation of residential facilities. The department shall	88097
consider the past record of the facility and the applicant or	88098
licensee in arriving at its licensure decision. The department may	88099
issue full, probationary, and interim licenses. A full license	88100
shall expire two years after the date of issuance, a probationary	88101
license shall expire in a shorter period of time as prescribed by	88102
rule adopted by the director of mental health pursuant to Chapter	88103
119. of the Revised Code, and an interim license shall expire	88104
ninety days after the date of issuance. The department may refuse	88105
to issue or renew and may revoke a license if it finds the	88106
facility is not in compliance with rules adopted by the department	88107
pursuant to division (G) of this section or if any facility	88108
operated by the applicant or licensee has had repeated violations	88109
of statutes or rules during the period of previous licenses.	88110
Proceedings initiated to deny applications for full or	88111
probationary licenses or to revoke such licenses are governed by	88112
Chapter 119. of the Revised Code.	88113

(D) The department may issue an interim license to operate a	88114
residential facility if both of the following conditions are met:	88115

(1) The department determines that the closing of or the need	88116
to remove residents from another residential facility has created	88117
an emergency situation requiring immediate removal of residents	88118
and an insufficient number of licensed beds are available.	88119

(2) The residential facility applying for an interim license	88120
meets standards established for interim licenses in rules adopted	88121
by the director under Chapter 119. of the Revised Code.	88122

An interim license shall be valid for ninety days and may be	88123
renewed by the director no more than twice. Proceedings initiated	88124
to deny applications for or to revoke interim licenses under this	88125
division are not subject to Chapter 119. of the Revised Code.	88126

(E) The department of mental health may conduct an inspection	88127
of a residential facility:	88128

(1) Prior to the issuance of a license to a prospective	88129
operator;	88130

(2) Prior to the renewal of any operator's license;

88131

(3) To determine whether a facility has completed a plan of	88132
correction required pursuant to this division and corrected	88133
deficiencies to the satisfaction of the department and in	88134
compliance with this section and rules adopted pursuant to it;	88135

(4) Upon complaint by any individual or agency;

88136

(5) At any time the director considers an inspection to be	88137
necessary in order to determine whether a residential facility is	88138
in compliance with this section and rules adopted pursuant to this	88139
section.	88140

In conducting inspections the department may conduct an	88141
on-site examination and evaluation of the residential facility,	88142
its personnel, activities, and services. The department shall have	88143
access to examine all records, accounts, and any other documents	88144
relating to the operation of the residential facility, and shall	88145
have access to the facility in order to conduct interviews with	88146
the operator, staff, and residents. Following each inspection and	88147
review, the department shall complete a report listing any	88148
deficiencies, and including, when appropriate, a time table within	88149
which the operator shall correct the deficiencies. The department	88150
may require the operator to submit a plan of correction describing	88151
how the deficiencies will be corrected.	88152

(F) No person shall do any of the following:

88153

(1) Operate a residential facility unless the facility holds	88154
a valid license;	88155

(2) Violate any of the conditions of licensure after having	88156
been granted a license;	88157

(3) Interfere with a state or local official's inspection or	88158
investigation of a residential facility;	88159

(4) Violate any of the provisions of this section or any	88160
rules adopted pursuant to this section.	88161

(G) The director shall adopt and may amend and rescind rules	88162
pursuant to Chapter 119. of the Revised Code, prescribing minimum	88163
standards for the health, safety, adequacy, and cultural	88164
specificity and sensitivity of treatment of and services for	88165
persons in residential facilities; establishing procedures for the	88166
issuance, renewal or revocation of the licenses of such	88167
facilities; establishing the maximum number of residents of a	88168
facility; establishing the rights of residents and procedures to	88169
protect such rights; and requiring an affiliation agreement	88170
approved by the board between a residential facility and a mental	88171
health agency. Such affiliation agreement must be consistent with	88172
the residential portion of the community mental health plan	88173
submitted pursuant to section 340.03 of the Revised Code.	88174

(H) The department may investigate any facility that has been	88175
reported to the department or that the department has reasonable	88176
cause to believe is operating as a residential facility without a	88177
valid license.	88178

(I) The department may withhold the source of any complaint	88179
reported as a violation of this act when the department determines	88180
that disclosure could be detrimental to the department's purposes	88181
or could jeopardize the investigation. The department may disclose	88182
the source of any complaint if the complainant agrees in writing	88183
to such disclosure and shall disclose the source upon order by a	88184
court of competent jurisdiction.	88185

(J) The director of mental health may petition the court of	88186
common pleas of the county in which a residential facility is	88187
located for an order enjoining any person from operating a	88188
residential facility without a license or from operating a	88189
licensed facility when, in the director's judgment, there is a	88190
real and present danger to the health or safety of any of the	88191
occupants of the facility. The court shall have jurisdiction to	88192
grant such injunctive relief upon a showing that the respondent	88193
named in the petition is operating a facility without a license or	88194
there is a real and present danger to the health or safety of any	88195
residents of the facility.	88196

(K) Whoever violates division (F) of this section or any rule	88197
adopted under this section is liable for a civil penalty of one	88198
hundred dollars for the first offense; for each subsequent	88199
offense, such violator is liable for a civil penalty of five	88200
hundred dollars. If the violator does not pay, the attorney	88201
general, upon the request of the director of mental health, shall	88202
bring a civil action to collect the penalty. Fines collected	88203
pursuant to this section shall be deposited into the state	88204
treasury to the credit of the mental health sale of goods and	88205
services fund.	88206

Sec. 5119.221. (A) Upon petition by the director of mental	88207
health, the court of common pleas or the probate court may appoint	88208
a receiver to take possession of and operate a residential	88209
facility licensed pursuant to section 5119.22 of the Revised Code,	88210
when conditions existing at the residential facility present a	88211
substantial risk of physical or mental harm to residents and no	88212
other remedies at law are adequate to protect the health, safety,	88213
and welfare of the residents.	88214

Petitions filed pursuant to this section shall include:

88215

(1) A description of the specific conditions existing at the	88216
residential facility which present a substantial risk of physical	88217
or mental harm to residents;	88218

(2) A statement of the absence of other adequate remedies at	88219
law;	88220

(3) The number of individuals residing at the facility;

88221

(4) A statement that the facts have been brought to the	88222
attention of the owner or licensee and that conditions have not	88223
been remedied within a reasonable period of time or that the	88224
conditions, though remedied periodically, habitually exist at the	88225
residential facility as a pattern or practice; and	88226

(5) The name and address of the person holding the license	88227
for the residential facility.	88228

(B) A court in which a petition is filed pursuant to this	88229
section shall notify the person holding the license for the	88230
facility of the filing. The department shall send notice of the	88231
filing to the following, as appropriate: the ~~legal rights service~~	88232
~~created pursuant to~~Ohio protection and advocacy system as defined	88233
in section 5123.60 of the Revised Code; facility owner; facility	88234
operator; board of alcohol, drug addiction, and mental health	88235
services; board of health; department of developmental	88236
disabilities; department of job and family services; facility	88237
residents; and residents' families and guardians. The court shall	88238
provide a hearing on the petition within five court days of the	88239
time it was filed, except that the court may appoint a receiver	88240
prior to that time if it determines that the circumstances	88241
necessitate such action.	88242

Following a hearing on the petition, and upon a determination	88243
that the appointment of a receiver is warranted, the court shall	88244
appoint a receiver and notify the department of mental health and	88245
appropriate persons of this action.	88246

In setting forth the powers of the receiver, the court may	88247
generally authorize the receiver to do all that is prudent and	88248
necessary to safely and efficiently operate the residential	88249
facility within the requirements of state and federal law, but	88250
shall require the receiver to obtain court approval prior to	88251
making any single expenditure of more than five thousand dollars	88252
to correct deficiencies in the structure or furnishings of a	88253
facility. The court shall closely review the conduct of the	88254
receiver and shall require regular and detailed reports.	88255

(C) A receivership established pursuant to this section shall	88256
be terminated, following notification of the appropriate parties	88257
and a hearing, if the court determines either of the following:	88258

(1) The residential facility has been closed and the former	88259
residents have been relocated to an appropriate facility;	88260

(2) Circumstances no longer exist at the residential facility	88261
which present a substantial risk of physical or mental harm to	88262
residents, and there is no deficiency in the residential facility	88263
that is likely to create a future risk of harm.	88264

Notwithstanding division (C)(2) of this section, the court	88265
shall not terminate a receivership for a residential facility that	88266
has previously operated under another receivership unless the	88267
responsibility for the operation of the facility is transferred to	88268
an operator approved by the court and the department of mental	88269
health.	88270

(D) Except for the department of mental health or appropriate	88271
board of alcohol, drug addiction, and mental health services, no	88272
party or person interested in an action shall be appointed a	88273
receiver pursuant to this section.	88274

To assist the court in identifying persons qualified to be	88275
named as receivers, the director of the department of mental	88276
health shall maintain a list of the names of such persons. The	88277
department of mental health, the department of job and family	88278
services, and the department of health shall provide technical	88279
assistance to any receiver appointed pursuant to this section.	88280

Before entering upon the duties of receiver, the receiver	88281
must be sworn to perform the duties faithfully, and, with surety	88282
approved by the court, judge, or clerk, execute a bond to such	88283
person, and in such sum as the court or judge directs, to the	88284
effect that such receiver will faithfully discharge the duties of	88285
receiver in the action, and obey the orders of the court therein.	88286

(1) Under the control of the appointing court, a receiver may	88287
do the following:	88288

(a) Bring and defend actions in the appointee's name as	88289
receiver;	88290

(b) Take and keep possession of property.

88291

(2) The court shall authorize the receiver to do the	88292
following:	88293

(a) Collect payment for all goods and services provided to	88294
the residents or others during the period of the receivership at	88295
the same rate as was charged by the licensee at the time the	88296
petition for receivership was filed, unless a different rate is	88297
set by the court;	88298

(b) Honor all leases, mortgages, and secured transactions	88299
governing all buildings, goods, and fixtures of which the receiver	88300
has taken possession, but, in the case of a rental agreement only	88301
to the extent of payments that are for the use of the property	88302
during the period of the receivership, or, in the case of a	88303
purchase agreement, only to the extent that payments come due	88304
during the period of the receivership;	88305

(c) If transfer of residents is necessary, provide for the	88306
orderly transfer of residents by:	88307

(i) Cooperating with all appropriate state and local agencies	88308
in carrying out the transfer of residents to alternative community	88309
placements;	88310

(ii) Providing for the transportation of residents'	88311
belongings and records;	88312

(iii) Helping to locate alternative placements and develop	88313
plans for transfer;	88314

(iv) Encouraging residents or guardians to participate in	88315
transfer planning except when an emergency exists and immediate	88316
transfer is necessary.	88317

(d) Make periodic reports on the status of the residential	88318
facility to the court; the appropriate state agencies; and the	88319
board of alcohol, drug addiction, and mental health services. Each	88320
report shall be made available to residents, their guardians, and	88321
families.	88322

(e) Compromise demands or claims; and

88323

(f) Generally do such acts respecting the residential	88324
facility as the court authorizes.	88325

Notwithstanding any other provision of law, contracts which	88326
are necessary to carry out the powers and duties of the receiver	88327
need not be competitively bid.	88328

Sec. 5119.222. No rule adopted under section 5119.22 of the	88329
Revised Code regarding documentation that residential facilities	88330
must submit to the department of mental health or a board of	88331
alcohol, drug addiction, and mental health services shall be more	88332
stringent than a comparable documentation submission requirement	88333
that applies to residential facilities and is established by a	88334
federal regulation promulgated by the United States department of	88335
health and human services.	88336

Sec. 5119.61. Any provision in this chapter that refers to a	88337
board of alcohol, drug addiction, and mental health services also	88338
refers to the community mental health board in an alcohol, drug	88339
addiction, and mental health service district that has a community	88340
mental health board.	88341

The director of mental health with respect to all facilities	88342
and programs established and operated under Chapter 340. of the	88343
Revised Code for mentally ill and emotionally disturbed persons,	88344
shall do all of the following:	88345

(A) Adopt rules pursuant to Chapter 119. of the Revised Code	88346
that may be necessary to carry out the purposes of Chapter 340.	88347
and sections 5119.61 to 5119.63 of the Revised Code.	88348

(1) The rules shall include all of the following:

88349

(a) Rules governing a community mental health agency's	88350
services under section 340.091 of the Revised Code to an	88351
individual referred to the agency under division (C)(2) of section	88352
~~173.35~~5119.69 of the Revised Code;	88353

(b) For the purpose of division (A)(16) of section 340.03 of	88354
the Revised Code, rules governing the duties of mental health	88355
agencies and boards of alcohol, drug addiction, and mental health	88356
services under section ~~3722.18~~5119.88 of the Revised Code	88357
regarding referrals of individuals with mental illness or severe	88358
mental disability to adult care facilities and effective	88359
arrangements for ongoing mental health services for the	88360
individuals. The rules shall do at least the following:	88361

(i) Provide for agencies and boards to participate fully in	88362
the procedures owners and managers of adult care facilities must	88363
follow under division (A) of section ~~3722.18~~5119.88 of the	88364
Revised Code;	88365

(ii) Specify the manner in which boards are accountable for	88366
ensuring that ongoing mental health services are effectively	88367
arranged for individuals with mental illness or severe mental	88368
disability who are referred by the board or mental health agency	88369
under contract with the board to an adult care facility.	88370

(c) Rules governing a board of alcohol, drug addiction, and	88371
mental health services when making a report to the director of	88372
health under section ~~3722.17~~5119.87 of the Revised Code regarding	88373
the quality of care and services provided by an adult care	88374
facility to a person with mental illness or a severe mental	88375
disability.	88376

(2) Rules may be adopted to govern the method of paying a	88377
community mental health facility, as defined in section 5111.023	88378
of the Revised Code, for providing services listed in division (B)	88379
of that section. Such rules must be consistent with the contract	88380
entered into between the departments of job and family services	88381
and mental health under section 5111.91 of the Revised Code and	88382
include requirements ensuring appropriate service utilization.	88383

(B) Review and evaluate, and, taking into account the	88384
findings and recommendations of the board of alcohol, drug	88385
addiction, and mental health services of the district served by	88386
the program and the requirements and priorities of the state	88387
mental health plan, including the needs of residents of the	88388
district now residing in state mental institutions, ~~approve and~~	88389
~~allocate funds to support community programs,~~ and make	88390
recommendations for needed improvements to boards of alcohol, drug	88391
addiction, and mental health services;	88392

(C) ~~Withhold state and federal funds for any program, in~~	88393
~~whole or in part, from a board of alcohol, drug addiction, and~~	88394
~~mental health services in the event of failure of that program to~~	88395
~~comply with Chapter 340. or section 5119.61, 5119.611, 5119.612,~~	88396
~~or 5119.62 of the Revised Code or rules of the department of~~	88397
~~mental health. The director shall identify the areas of~~	88398
~~noncompliance and the action necessary to achieve compliance. The~~	88399
~~director shall offer technical assistance to the board to achieve~~	88400
~~compliance. The director shall give the board a reasonable time~~	88401
~~within which to comply or to present its position that it is in~~	88402
~~compliance. Before withholding funds, a hearing shall be conducted~~	88403
~~to determine if there are continuing violations and that either~~	88404
~~assistance is rejected or the board is unable to achieve~~	88405
~~compliance. Subsequent to the hearing process, if it is determined~~	88406
~~that compliance has not been achieved, the director may allocate~~	88407
~~all or part of the withheld funds to a public or private agency to~~	88408
~~provide the services not in compliance until the time that there~~	88409
~~is compliance. The director shall establish rules pursuant to~~	88410
~~Chapter 119. of the Revised Code to implement this division.~~	88411

~~(D) Withhold state or federal funds from a board of alcohol,~~	88412
~~drug addiction, and mental health services that denies available~~	88413
~~service on the basis of religion, race, color, creed, sex,~~	88414
~~national origin, age, disability as defined in section 4112.01 of~~	88415
~~the Revised Code, developmental disability, or the inability to~~	88416
~~pay;~~	88417

~~(E)~~ Provide consultative services to community mental health	88418
agencies with the knowledge and cooperation of the board of	88419
alcohol, drug addiction, and mental health services;	88420

~~(F) Provide~~(D) At the director's discretion, provide to	88421
boards of alcohol, drug addiction, and mental health services	88422
state or federal funds, in addition to those allocated under	88423
section 5119.62 of the Revised Code, for special programs or	88424
projects the director considers necessary but for which local	88425
funds are not available;	88426

~~(G)~~(E) Establish criteria by which a board of alcohol, drug	88427
addiction, and mental health services reviews and evaluates the	88428
quality, effectiveness, and efficiency of services provided	88429
through its community mental health plan. The criteria shall	88430
include requirements ensuring appropriate service utilization. The	88431
department shall assess a board's evaluation of services and the	88432
compliance of each board with this section, Chapter 340. or	88433
section 5119.62 of the Revised Code, and other state or federal	88434
law and regulations. The department, in cooperation with the	88435
board, periodically shall review and evaluate the quality,	88436
effectiveness, and efficiency of services provided through each	88437
board. The department shall collect information that is necessary	88438
to perform these functions.	88439

~~(H) Develop~~(F) To the extent the director determines	88440
necessary and after consulting with boards of alcohol, drug	88441
addiction, and mental health services, develop and operate, or	88442
contract for the operation of, a community mental health	88443
information system or systems.	88444

Boards of alcohol, drug abuse, and mental health services	88445
shall submit information requested by the department in the form	88446
and manner prescribed by the department. Information collected by	88447
the department shall include, but not be limited to, all of the	88448
following:	88449

(1) Information regarding units of services provided in whole	88450
or in part under contract with a board, including diagnosis and	88451
special needs, demographic information, the number of units of	88452
service provided, past treatment, financial status, and service	88453
dates in accordance with rules adopted by the department in	88454
accordance with Chapter 119. of the Revised Code;	88455

(2) Financial information other than price or price-related	88456
data regarding expenditures of boards and community mental health	88457
agencies, including units of service provided, budgeted and actual	88458
expenses by type, and sources of funds.	88459

Boards shall submit the information specified in division	88460
~~(H)~~(F)(1) of this section no less frequently than annually for	88461
each client, and each time the client's case is opened or closed.	88462
The department shall not collect any personal information from the	88463
boards except as required or permitted by state or federal law for	88464
purposes related to payment, health care operations, program and	88465
service evaluation, reporting activities, research, system	88466
administration, and oversight.	88467

~~(I)~~(G) Review each board's community mental health plan	88468
submitted pursuant to section 340.03 of the Revised Code and	88469
approve or disapprove it in whole or in part. Periodically, in	88470
consultation with representatives of boards and after considering	88471
the recommendations of the medical director, the director shall	88472
issue criteria for determining when a plan is complete, criteria	88473
for plan approval or disapproval, and provisions for conditional	88474
approval. The factors that the director considers may include, but	88475
are not limited to, the following:	88476

(1) The mental health needs of all persons residing within	88477
the board's service district, especially severely mentally	88478
disabled children, adolescents, and adults;	88479

(2) The demonstrated quality, effectiveness, efficiency, and	88480
cultural relevance of the services provided in each service	88481
district, the extent to which any services are duplicative of	88482
other available services, and whether the services meet the needs	88483
identified above;	88484

(3) The adequacy of the board's accounting for the	88485
expenditure of funds.	88486

If the director disapproves all or part of any plan, the	88487
director shall provide the board an opportunity to present its	88488
position. The director shall inform the board of the reasons for	88489
the disapproval and of the criteria that must be met before the	88490
plan may be approved. The director shall give the board a	88491
reasonable time within which to meet the criteria, and shall offer	88492
technical assistance to the board to help it meet the criteria.	88493

If the approval of a plan remains in dispute ~~thirty days~~	88494
~~prior to the conclusion of the fiscal year in which the board's~~	88495
~~current plan is scheduled to expire~~, the board or the director may	88496
request that the dispute be submitted to a mutually agreed upon	88497
third-party mediator with the cost to be shared by the board and	88498
the department. The mediator shall issue to the board and the	88499
department recommendations for resolution of the dispute. ~~Prior to~~	88500
~~the conclusion of the fiscal year in which the current plan is~~	88501
~~scheduled to expire, the~~The director, taking into consideration	88502
the recommendations of the mediator, shall make a final	88503
determination and approve or disapprove the plan, in whole or in	88504
part.	88505

Sec. 5119.611. (A) A community mental health agency that	88506
seeks certification of its community mental health services shall	88507
submit an application to the director of mental health. On receipt	88508
of the application, the director may visit and shall evaluate the	88509
agency to determine whether its services satisfy the standards	88510
established by rules adopted under division (C) of this section.	88511
The director shall make the evaluation, and, if the director	88512
visits the agency, shall make the visit, in cooperation with the	88513
board of alcohol, drug addiction, and mental health services with	88514
which the agency seeks to contract under division (A)(8)(a) of	88515
section 340.03 of the Revised Code.	88516

If(B)(1) Subject to division (B)(2) of this section, the	88517
director shall determine whether the services of an applicant's	88518
community mental health agency satisfy the standards for	88519
certification of the services.	88520

If the director determines that a community mental health	88521
agency's services satisfy the standards for certification and the	88522
agency has paid the fee required under division ~~(B)~~(D) of this	88523
section, the director shall certify the services.	88524

If(2) If an applicant submits to the director evidence of	88525
holding national accreditation from the joint commission, the	88526
council on accreditation of rehabilitation facilities, or the	88527
council on accreditation, the director shall accept that	88528
accreditation as evidence of the applicant satisfying the	88529
standards for certification of the community mental health	88530
agency's services. The director shall certify or recertify the	88531
agency's services without any further evaluation of the services.	88532

(C) If the director determines that a community mental health	88533
agency's services do not satisfy the standards for certification,	88534
the director shall identify the areas of noncompliance, specify	88535
what action is necessary to satisfy the standards, and offer	88536
technical assistance to the board of alcohol, drug addiction, and	88537
mental health services so that the board may assist the agency in	88538
satisfying the standards. The director shall give the agency a	88539
reasonable time within which to demonstrate that its services	88540
satisfy the standards or to bring the services into compliance	88541
with the standards. If the director concludes that the services	88542
continue to fail to satisfy the standards, the director may	88543
request that the board reallocate the funds for the community	88544
mental health services the agency was to provide to another	88545
community mental health agency whose community mental health	88546
services satisfy the standards. If the board does not reallocate	88547
those funds in a reasonable period of time, the director may	88548
withhold state and federal funds for the community mental health	88549
services and allocate those funds directly to a community mental	88550
health agency whose community mental health services satisfy the	88551
standards.	88552

~~(B)~~(D) Each community mental health agency seeking	88553
certification of its community mental health services under this	88554
section shall pay a fee for the certification ~~review~~ required by	88555
this section. Fees shall be paid into the sale of goods and	88556
services fund created pursuant to section 5119.161 of the Revised	88557
Code.	88558

~~(C)~~(E) The director shall adopt rules in accordance with	88559
Chapter 119. of the Revised Code to implement this section. The	88560
rules shall do all of the following:	88561

(1) Establish certification standards for community mental	88562
health services, including assertive community treatment and	88563
intensive home-based mental health services, that are consistent	88564
with nationally recognized applicable standards and facilitate	88565
participation in federal assistance programs. The rules shall	88566
include as certification standards only requirements that improve	88567
the quality of services or the health and safety of clients of	88568
community mental health services. The standards shall address at a	88569
minimum all of the following:	88570

(a) Reporting major unusual incidents to the director;

88571

(b) Procedures for applicants for and clients of community	88572
mental health services to file grievances and complaints;	88573

88574

(d) Restraint;

88575

(e) Development of written policies addressing the rights of	88576
clients, including all of the following:	88577

(i) The right to a copy of the written policies addressing	88578
client rights;	88579

(ii) The right at all times to be treated with consideration	88580
and respect for the client's privacy and dignity;	88581

(iii) The right to have access to the client's own	88582
psychiatric, medical, or other treatment records unless access is	88583
specifically restricted in the client's treatment plan for clear	88584
treatment reasons;	88585

(iv) The right to have a client rights officer provided by	88586
the agency or board of alcohol, drug addiction, and mental health	88587
services advise the client of the client's rights, including the	88588
client's rights under Chapter 5122. of the Revised Code if the	88589
client is committed to the agency or board.	88590

(2) Establish standards for qualifications of mental health	88591
professionals as defined in section 340.02 of the Revised Code and	88592
personnel who provide the community mental health services;	88593

(3) Establish the process for certification of community	88594
mental health services;	88595

(4) Set the amount of certification review fees based on a	88596
portion of the cost of performing the review;	88597

(5) Specify the type of notice and hearing to be provided	88598
prior to a decision on whether to reallocate funds.	88599

Sec. 5119.612. No rule adopted under section 5119.611 of the	88600
Revised Code regarding documentation that community mental health	88601
agencies must submit to the department of mental health or a board	88602
of alcohol, drug addiction, and mental health services shall be	88603
more stringent than a comparable documentation submission	88604
requirement that applies to community mental health agencies and	88605
is established by a federal regulation promulgated by the United	88606
States department of health and human services.	88607

~~Sec. 5119.612.~~ Sec. 5119.613. The director of mental health shall	88608
require that each board of alcohol, drug addiction, and mental	88609
health services ensure that each community mental health agency	88610
with which it contracts under division (A)(8)(a) of section 340.03	88611
of the Revised Code to provide community mental health services	88612
establish grievance procedures consistent with rules adopted under	88613
section 5119.611 of the Revised Code that are available to all	88614
applicants for and clients of the community mental health	88615
services.	88616

~~Sec. 5119.613.~~ Sec. 5119.614. For purposes of ~~Chapter 3722.~~	88617
sections 5119.70 to 5119.88 of the Revised Code, the director of	88618
mental health shall approve a standardized form to be used in all	88619
areas of this state by adult care facilities and boards of	88620
alcohol, drug addiction, and mental health services when entering	88621
into mental health resident program participation agreements. As	88622
part of approving the form, the director shall specify the	88623
requirements that adult care facilities must meet in order to be	88624
authorized to admit residents who are receiving or are eligible	88625
for publicly funded mental health services.	88626

Sec. 5119.62. (A) ~~Upon approving the plan submitted pursuant~~	88627
~~to section 340.03 of the Revised Code, the director~~The department	88628
of mental health shall ~~authorize the payment of funds~~establish a	88629
methodology for allocating to ~~a board~~boards of alcohol, drug	88630
addiction, and mental health services ~~from~~the funds appropriated	88631
~~for such purpose~~ by the general assembly to the department for the	88632
purpose of local mental health systems of care. The ~~director~~	88633
department shall ~~release all or part of such~~establish the	88634
methodology after notifying and consulting with relevant	88635
constituencies as required by division (L) of section 5119.06 of	88636
the Revised Code. The methodology may provide for the funds to be	88637
allocated to boards on a district or multi-district basis. Subject	88638
to sections 5119.622 and 5119.623 of the Revised Code, the	88639
department shall allocate the funds ~~as is~~to the boards in a	88640
manner consistent with the methodology, this section, other state	88641
and federal laws, rules, and regulations~~, and the approved plan~~.	88642

(B)~~(1) The director, in consultation with relevant~~	88643
~~constituencies as required by division (A)(11) of section 5119.06~~	88644
~~of the Revised Code, shall establish a formula for allocating to~~	88645
~~boards of alcohol, drug addiction, and mental health services~~	88646
~~appropriations from the general revenue fund for the purpose of~~	88647
~~local management of mental health services as this purpose is~~	88648
~~identified in appropriations to the department of mental health in~~	88649
~~appropriation acts. The formula shall include as a factor the~~	88650
~~number of severely mentally disabled persons residing in each~~	88651
~~alcohol, drug addiction, and mental health service district and~~	88652
~~may include other factors, including, but not limited to, the~~	88653
~~historical utilization of public hospitals by persons in each~~	88654
~~service district. The appropriations shall be allocated to each~~	88655
~~board in accordance with the formula but shall be distributed only~~	88656
~~to those boards that elect the option provided under division~~	88657
~~(B)(3)(a) of this section.~~	88658

~~(2) The director shall allocate each fiscal year to boards of~~	88659
~~alcohol, drug addiction, and mental health services for services~~	88660
~~to severely mentally disabled persons a percentage of the~~	88661
~~appropriations to the department from the general revenue fund for~~	88662
~~the purposes of hospital personal services, hospital maintenance,~~	88663
~~and hospital equipment as those purposes are identified in~~	88664
~~appropriations to the department in appropriation acts. After~~	88665
~~excluding funds for providing services to persons committed to the~~	88666
~~department pursuant to section 2945.38, 2945.39, 2945.40,~~	88667
~~2945.401, 2945.402, or 5139.08 of the Revised Code, the percentage~~	88668
~~of those appropriations so allocated each year shall equal ten per~~	88669
~~cent in fiscal year 1990, twenty per cent in fiscal year 1991,~~	88670
~~forty per cent in fiscal year 1992, sixty per cent in fiscal year~~	88671
~~1993, eighty per cent in fiscal year 1994, and one hundred per~~	88672
~~cent in fiscal year 1995 and thereafter. The amounts so allocated~~	88673
~~shall be transferred from the appropriations for the purposes of~~	88674
~~hospital personal services, hospital maintenance, and hospital~~	88675
~~equipment and credited to appropriations for the purpose of local~~	88676
~~management of mental health services. Appropriations for the~~	88677
~~purpose of local management of mental health services may be used~~	88678
~~by the department and by the boards~~The department may allocate to	88679
boards a portion of the funds appropriated by the general assembly	88680
to the department for the operation of state hospital services. If	88681
the department allocates the funds, the department shall do all of	88682
the following:	88683

(1) In consultation with the boards:

88684

(a) Annually determine the unit costs of providing state	88685
hospital services; and	88686

(b) Establish the methodology for allocating the funds to the	88687
boards.	88688

(2) Determine the type of unit costs of providing state	88689
hospital services to be included as a factor in the methodology	88690
and include that unit cost as a factor in the methodology;	88691

(3) Subject to sections 5119.622 and 5119.623 of the Revised	88692
Code, allocate the funds to the boards in a manner consistent with	88693
the methodology, this section, other state and federal laws,	88694
rules, and regulations.	88695

~~(3) No~~(c) Not later than the first day of April of each year,	88696
the department ~~of mental health~~ shall notify each board of	88697
~~alcohol, drug addiction, and mental health services~~ of the	88698
department's estimate of the amount of ~~general revenue~~ funds to be	88699
allocated to the board under ~~division (D) of~~ this section during	88700
the fiscal year beginning on the next July first. NoIf the	88701
department makes an allocation under division (B) of this section,	88702
the department shall also notify each board of the unit costs of	88703
providing state hospital services for the upcoming fiscal year as	88704
determined under that division. Not later than the first day of	88705
May of each year, each board shall notify the ~~director~~department	88706
as to which of the following options it has elected for ~~that~~the	88707
upcoming fiscal year:	88708

~~(a)~~(1) The board elects to accept distribution of the amount	88709
allocated to it under ~~division (B)(1) of~~ this ~~section. Any board~~	88710
~~that makes such an election shall agree to make payments into the~~	88711
~~risk fund established in division (E) of this section, to make any~~	88712
~~payments for utilization of state hospitals that are required~~	88713
~~under division (E)(3) of this section, to use the funds~~	88714
~~distributed to it within the limitations set forth in division~~	88715
~~(B)(2) of this section, and to provide the department with a~~	88716
~~statement of projected utilization of state hospitals and other~~	88717
~~state-operated services by residents of its service district~~	88718
~~during the fiscal year.~~	88719

~~The department shall retain and expend the funds projected to~~	88720
~~be utilized for state hospitals and other state-operated services~~	88721
section. Funds distributed to each board shall be used to	88722
supplement and not to supplant other state, local, or federal	88723
funds that are being used to support community-based programs for	88724
severely mentally disabled children, adolescents, and adults,	88725
unless the funds have been specifically designated for the	88726
initiation of programs in accordance with the community mental	88727
health plan developed and submitted under section 340.03 and	88728
approved under section 5119.61 of the Revised Code.	88729
Notwithstanding section 131.33 of the Revised Code, any board may	88730
expend unexpended funds distributed to the board from	88731
appropriations for the purpose of local management of mental	88732
health services in the fiscal year following the fiscal year in	88733
for which the appropriations are made, in accordance with the	88734
approved community mental health plan.	88735

~~(b) The~~(2) Subject to division (D) of this section, the	88736
board elects not to accept the amount allocated to it under	88737
~~division (B)(1) of~~ this section, authorizes the department to	88738
determine the use of its allocation, and agrees to provide the	88739
department with a statement of projected utilization of state	88740
hospitals and other state-operated services by residents of its	88741
service district during the fiscal year.	88742

~~(4) Beginning with the notification required to be made by~~	88743
~~May 1, 1995, under division (B)(3) of this section, no~~(D) No	88744
board ~~of alcohol, drug addiction, and mental health services~~ shall	88745
elect the option in division ~~(B)(3)(b)~~(C)(2) of this section	88746
unless ~~one~~all of the following ~~applies~~apply:	88747

~~(a) The~~(1) Either the total ~~general revenue~~ funds estimated	88748
by the department to be allocated to the board under this section	88749
for the next fiscal year isare reduced by a substantial amount,	88750
as defined in guidelines adopted by the director of mental health	88751
under division ~~(B)(4)~~(E) of this section, in comparison to the	88752
amount allocated for the current fiscal year, for reasons not	88753
related to performance;	88754

~~(b) The amount of estimated general revenue funds to be~~	88755
~~allocated to the board is not reduced by a substantial amount but~~	88756
or the board has experienced other circumstances specified in the	88757
guidelines ~~adopted by the director under division (B)(4) of this~~	88758
~~section~~.	88759

~~The director shall consult with boards of alcohol, drug~~	88760
~~addiction, and mental health services and other relevant~~	88761
~~constituencies to develop guidelines for determining what~~	88762
~~constitutes a substantial reduction of general revenue funds for~~	88763
~~the purpose of electing the option under division (B)(3)(b) of~~	88764
~~this section, and what other circumstances qualify a board to~~	88765
~~elect that option.~~	88766

~~Beginning with the notification required to be made by May 1,~~	88767
~~1995, under division (B)(3) of this section, no board shall notify~~	88768
~~the director that it elects the option under division (B)(3)(b) of~~	88769
~~this section unless it has conducted~~(2) The board provides the	88770
department written confirmation that the board has received input	88771
about the impact that the board's election will have on the mental	88772
health system in the board's district from all of the following:	88773

(a) Individuals who receive mental health services and such	88774
individuals' families;	88775

(b) Boards of county commissioners;

88776

88777

(d) County sheriffs, jail administrators, and other local law	88778
enforcement officials.	88779

(3) Not later than seven days before notifying the department	88780
of its election and after providing the department the written	88781
confirmation required by division (D)(2) of this section, the	88782
board conducts a public hearing on the issue ~~no later than seven~~	88783
~~days before making the notification~~.	88784

~~(C) Boards of alcohol, drug addiction, and mental health~~	88785
~~services and community mental health agencies~~(E) For the purpose	88786
of division (D)(1) of this section, the director of mental health	88787
shall consult with the boards and other relevant constituencies to	88788
develop guidelines for determining what constitutes a substantial	88789
reduction of funds and what other circumstances qualify a board to	88790
elect the option in division (C)(2) of this section.	88791

(F) No board shall ~~not~~ use state funds for the purpose of	88792
~~influencing employees with respect to unionization. As used in~~	88793
~~this division, "influencing" means~~ discouraging employees from	88794
seeking collective bargaining representation or encouraging	88795
employees to decertify a recognized collective bargaining agent.	88796

~~(D) The director shall develop, and review at least annually,~~	88797
~~a methodology, including the formula developed under division~~	88798
~~(B)(1) of this section, for distributing and allocating funds to~~	88799
~~boards. The methodology shall be consistent with state and federal~~	88800
~~law and regulations. A portion of the funds shall be distributed~~	88801
~~based on the ratio of the population of the district served by the~~	88802
~~board to the total population of the state as determined from the~~	88803
~~federal census or the most recent estimates produced by the United~~	88804
~~States census bureau's federal state cooperative program for~~	88805
~~population program-series P-26 or the population estimates and~~	88806
~~projections program-series P-25, whichever is most recent.~~	88807

~~(E)(1) There is hereby created in the state treasury the~~	88808
~~department of mental health risk fund, which shall receive~~	88809
~~payments from boards that have elected the option provided in~~	88810
~~division (B)(3)(a) of this section. All investment earnings of the~~	88811
~~fund shall be credited to the fund. Moneys in the fund shall be~~	88812
~~used for the following purposes:~~	88813

~~(a) To assist boards that elect the option provided in~~	88814
~~division (B)(3)(a) of this section and that serve service~~	88815
~~districts in which the costs of utilization of state hospitals by~~	88816
~~residents in a fiscal year exceed the amount allocated to the~~	88817
~~district under the formula developed under division (B)(1) of this~~	88818
~~section. The department shall define such costs by unit and~~	88819
~~establish them annually after consultation with representatives of~~	88820
~~such boards.~~	88821

~~(b) To make payments to boards that elect the option provided~~	88822
~~in division (B)(3)(a) of this section and that experience~~	88823
~~conditions of financial hardship, as determined by the director.~~	88824

~~The director of mental health, in consultation with~~	88825
~~representatives of the boards, shall develop guidelines for the~~	88826
~~use of moneys in the risk fund.~~	88827

~~(2) On or before the first day of April of each year, the~~	88828
~~department shall specify the percentage of the amount of money~~	88829
~~allocated under division (B)(1) of this section for distribution~~	88830
~~to boards subject to division (E) of this section that each such~~	88831
~~board is to transmit to the director of mental health for deposit~~	88832
~~in the risk fund for the following fiscal year. On or before the~~	88833
~~first day of August of each year, each such board shall transmit~~	88834
~~to the director for deposit to the credit of the risk fund the~~	88835
~~amount obtained by multiplying that percentage by the amount~~	88836
~~allocated for distribution to such boards.~~	88837

~~(3) Whenever the costs of utilization of state hospitals by~~	88838
~~residents in a district served by a board subject to division (E)~~	88839
~~of this section exceed the amount allocated to the district under~~	88840
~~the formula, responsibility for payment of the excess costs shall~~	88841
~~be borne by the board of that district and the risk fund as~~	88842
~~follows:~~	88843

~~(a) The board and the risk fund each are responsible for~~	88844
~~payment of one-half of any costs that exceed one hundred per cent~~	88845
~~of the amount allocated under the formula but do not exceed one~~	88846
~~hundred five per cent of that amount.~~	88847

~~(b) The board is responsible for payment of one-fourth, and~~	88848
~~the risk fund responsible for three-fourths, of any costs that~~	88849
~~exceed one hundred five per cent of the amount allocated under the~~	88850
~~formula but do not exceed one hundred ten per cent of that amount.~~	88851

~~(c) The risk fund is responsible for payment of any costs~~	88852
~~that exceed one hundred ten per cent of the amount allocated under~~	88853
~~the formula but do not exceed one hundred fifteen per cent of that~~	88854
~~amount.~~	88855

~~(d) The board is responsible for payment of all costs that~~	88856
~~exceed one hundred fifteen per cent of the amount allocated under~~	88857
~~the formula.~~	88858

~~(F)~~(G) The department shall charge against the allocation	88859
made to a board under division (B)~~(1)~~ of this section, if any, any	88860
unreimbursed costs for services provided by the department. ~~This~~	88861
~~requirement is not affected by any election a board makes under~~	88862
~~division (B)(3) of this section.~~	88863

(H) A board's use of funds allocated under this section is	88864
subject to audit by county, state, and federal authorities.	88865

Sec. 5119.621. (A) As used in this section, "administrative	88866
function" means a function related to one or more of the	88867
following:	88868

(1) Continuous quality improvement;

88869

(2) Utilization review;

88870

(3) Resource development;

88871

(4) Fiscal administration;

88872

(5) General administration;

88873

(6) Any other function related to administration that is	88874
required by Chapter 340. of the Revised Code.	88875

(B) Each board of alcohol, drug addiction, and mental health	88876
services shall submit an annual report to the department of mental	88877
health specifying how the board used ~~state and federal~~ funds	88878
allocated to the board~~, according to the formula the director of~~	88879
~~mental health establishes~~ under section 5119.62 of the Revised	88880
Code, for administrative functions in the year preceding the	88881
report's submission. The director of mental health shall establish	88882
the date by which the report must be submitted each year.	88883

Sec. 5119.622. The director of mental health, in whole or in	88884
part, may withhold funds otherwise to be allocated to a board of	88885
alcohol, drug addiction, and mental health services under section	88886
5119.62 of the Revised Code if the board fails to comply with	88887
Chapter 340. or section 5119.61, 5119.611, 5119.612, or 5119.621	88888
of the Revised Code or rules of the department of mental health	88889
regarding a community mental health service. The director shall	88890
identify the areas of noncompliance and the action necessary to	88891
achieve compliance. The director shall offer technical assistance	88892
to the board to achieve compliance. The director shall give the	88893
board a reasonable time within which to comply or to present its	88894
position that it is in compliance. Before withholding funds, a	88895
hearing shall be conducted to determine if there are continuing	88896
violations and that either assistance is rejected or the board is	88897
unable to achieve compliance. Subsequent to the hearing process,	88898
if it is determined that compliance has not been achieved, the	88899
director may allocate all or part of the withheld funds to a	88900
public or private agency to provide the community mental health	88901
service for which the board is not in compliance until the time	88902
that there is compliance. The director shall adopt rules in	88903
accordance with Chapter 119. of the Revised Code to implement this	88904
section.	88905

Sec. 5119.623. The director of mental health may withhold	88906
funds otherwise to be allocated to a board of alcohol, drug	88907
addiction, and mental health services under section 5119.62 of the	88908
Revised Code if the board denies available service on the basis of	88909
religion, race, color, creed, sex, national origin, age,	88910
disability as defined in section 4112.01 of the Revised Code, or	88911
developmental disability.	88912

~~Sec. 173.35.~~ Sec. 5119.69. (A) ~~As used in this section, "PASSPORT~~	88913
~~administrative agency" means an entity under contract with the~~	88914
~~department of aging to provide administrative services regarding~~	88915
~~the PASSPORT program created under section 173.40 of the Revised~~	88916
~~Code.~~	88917

~~(B)~~ The department of ~~aging~~mental health shall ~~administer~~	88918
implement the residential state supplement program under which the	88919
state supplements the supplemental security income payments	88920
received by aged, blind, or disabled adults under Title XVI of the	88921
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A., as	88922
amended. Residential state supplement payments shall be used for	88923
the provision of accommodations, supervision, and personal care	88924
services to supplemental security income recipients who the	88925
department determines are at risk of needing institutional care.	88926

(B) In implementing the program, the department shall	88927
designate one or more entities to be responsible for providing	88928
administrative services regarding the program. The department may	88929
designate an entity to be a residential state supplement	88930
administrative agency under this division either by entering into	88931
a contract with the entity to serve in that capacity or by	88932
otherwise delegating to the entity the responsibility to serve in	88933
that capacity.	88934

(C) For an individual to be eligible for residential state	88935
supplement payments, all of the following must be the case:	88936

(1) Except as provided by division (G) of this section, the	88937
individual must reside in one of the following:	88938

(a) An adult foster home certified under section ~~173.36~~	88939
5119.692 of the Revised Code;	88940

(b) A home or facility, other than a nursing home or nursing	88941
home unit of a home for the aging, licensed by the department of	88942
health under Chapter 3721. ~~or 3722.~~ of the Revised Code ~~and~~	88943
~~certified in accordance with standards established by the director~~	88944
~~of aging under division (D)(2) of this section~~or the department	88945
of mental health under sections 5119.70 to 5119.88 of the Revised	88946
Code;	88947

(c) A residential facility as defined in division	88948
(A)(1)(d)(ii) of section 5119.22 of the Revised Code licensed by	88949
the department of mental health ~~and certified in accordance with~~	88950
~~standards established by the director of aging under division~~	88951
~~(D)(2) of this section~~;	88952

(d) An apartment or room used to provide community mental	88953
health housing services certified by the department of mental	88954
health under section 5119.611 of the Revised Code and approved by	88955
a board of alcohol, drug addiction, and mental health services	88956
under division (A)(14) of section 340.03 of the Revised Code ~~and~~	88957
~~certified in accordance with standards established by the director~~	88958
~~of aging under division (D)(2) of this section~~.	88959

(2) ~~Effective July 1, 2000, a PASSPORT~~A residential state	88960
supplement administrative agency must have determined that the	88961
environment in which the individual will be living while receiving	88962
the payments is appropriate for the individual's needs. If the	88963
individual is eligible for supplemental security income payments	88964
or social security disability insurance benefits because of a	88965
mental disability, the ~~PASSPORT~~residential state supplement	88966
administrative agency shall refer the individual to a community	88967
mental health agency for the community mental health agency to	88968
issue in accordance with section 340.091 of the Revised Code a	88969
recommendation on whether the ~~PASSPORT~~residential state	88970
supplement administrative agency should determine that the	88971
environment in which the individual will be living while receiving	88972
the payments is appropriate for the individual's needs. ~~Division~~	88973
~~(C)(2) of this section does not apply to an individual receiving~~	88974
~~residential state supplement payments on June 30, 2000, until the~~	88975
~~individual's first eligibility redetermination after that date.~~	88976

(3) The individual satisfies all eligibility requirements	88977
established by rules adopted under division (D) of this section.	88978

(D)~~(1)~~ The directors of ~~aging~~mental health and job and	88979
family services shall adopt rules in accordance with section	88980
111.15 of the Revised Code as necessary to implement the	88981
residential state supplement program.	88982

To the extent permitted by Title XVI of the "Social Security	88983
Act," and any other provision of federal law, the director of job	88984
and family services ~~shall~~may adopt rules establishing standards	88985
for adjusting the eligibility requirements concerning the level of	88986
impairment a person must have so that the amount appropriated for	88987
the program by the general assembly is adequate for the number of	88988
eligible individuals. The rules shall not limit the eligibility of	88989
disabled persons solely on a basis classifying disabilities as	88990
physical or mental. The director of job and family services also	88991
~~shall~~may adopt rules that establish eligibility standards for	88992
aged, blind, or disabled individuals who reside in one of the	88993
homes or facilities specified in division (C)(1) of this section	88994
but who, because of their income, do not receive supplemental	88995
security income payments. The rules may provide that these	88996
individuals may include individuals who receive other types of	88997
benefits, including, social security disability insurance benefits	88998
provided under Title II of the "Social Security Act," 49 Stat. 620	88999
(1935), 42 U.S.C.A. 401, as amended. Notwithstanding division	89000
~~(B)~~(A) of this section, such payments may be made if funds are	89001
available for them.	89002

The director of ~~aging shall~~mental health may adopt rules	89003
establishing the method to be used to determine the amount an	89004
eligible individual will receive under the program. The amount the	89005
general assembly appropriates for the program ~~shall~~may be a	89006
factor included in the method that ~~department~~director	89007
establishes.	89008

~~(2) The director of aging shall adopt rules in accordance~~	89009
~~with Chapter 119. of the Revised Code establishing standards for~~	89010
~~certification of living facilities described in division (C)(1) of~~	89011
~~this section.~~	89012

~~The directors of aging and mental health shall enter into an~~	89013
~~agreement to certify facilities that apply for certification and~~	89014
~~meet the standards established by the director of aging under this~~	89015
~~division.~~	89016

(E) The county department of job and family services of the	89017
county in which an applicant for the residential state supplement	89018
program resides shall determine whether the applicant meets income	89019
and resource requirements for the program.	89020

(F) The department of ~~aging~~mental health shall maintain a	89021
waiting list of any individuals eligible for payments under this	89022
section but not receiving them because moneys appropriated to the	89023
department for the purposes of this section are insufficient to	89024
make payments to all eligible individuals. An individual may apply	89025
to be placed on the waiting list even though the individual does	89026
not reside in one of the homes or facilities specified in division	89027
(C)(1) of this section at the time of application. The director of	89028
~~aging~~mental health, by rules adopted in accordance with Chapter	89029
119. of the Revised Code, ~~shall~~may specify procedures and	89030
requirements for placing an individual on the waiting list and	89031
priorities for the order in which individuals placed on the	89032
waiting list are to begin to receive residential state supplement	89033
payments. The rules specifying priorities may give priority to	89034
individuals placed on the waiting list on or after July 1, 2006,	89035
who receive supplemental security income benefits under Title XVI	89036
of the "Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.	89037
1381, as amended. The rules shall not affect the place on the	89038
waiting list of any person who was on the list on July 1, 2006.	89039
The rules specifying priorities may also set additional priorities	89040
based on living arrangement, such as whether an individual resides	89041
in a facility listed in division (C)(1) of this section or has	89042
been admitted to a nursing facility.	89043

(G) An individual in a licensed or certified living	89044
arrangement receiving state supplementation on November 15, 1990,	89045
under former section 5101.531 of the Revised Code shall not become	89046
ineligible for payments under this section solely by reason of the	89047
individual's living arrangement as long as the individual remains	89048
in the living arrangement in which the individual resided on	89049
November 15, 1990.	89050

(H) The department of ~~aging~~mental health shall notify each	89051
person denied approval for payments under this section of the	89052
person's right to a hearing. On request, the hearing shall be	89053
provided ~~by the department of job and family services~~ in	89054
accordance with ~~section 5101.35~~Chapter 119. of the Revised Code.	89055

~~Sec. 173.351.~~ Sec. 5119.691. (A) As used in this section:

89056

~~"Area agency on aging" has the same meaning as in section~~	89057
~~173.14 of the Revised Code.~~	89058

"Long-term care consultation program" means the program the	89059
department of aging is required to develop under section 173.42 of	89060
the Revised Code.	89061

"Long-term care consultation program administrator" or	89062
"administrator" means the department of aging or, if the	89063
department contracts with an area agency on aging or other entity	89064
to administer the long-term care consultation program for a	89065
particular area, that agency or entity.	89066

"Nursing facility" has the same meaning as in section 5111.20	89067
of the Revised Code.	89068

"Residential state supplement administrative agency" means an	89069
entity designated as such by the department of mental health under	89070
section 5119.69 of the Revised Code.	89071

"Residential state supplement program" means the program	89072
administered pursuant to section ~~173.35~~5119.69 of the Revised	89073
Code.	89074

(B) ~~Each month, each area agency on aging~~On a periodic	89075
schedule determined by the department of mental health, each	89076
residential state supplement administrative agency shall determine	89077
whether individuals who reside in the area that the ~~area~~ agency on	89078
~~aging~~ serves and are on a waiting list for the residential state	89079
supplement program have been admitted to a nursing facility. If an	89080
~~area~~a residential state supplement administrative agency ~~on aging~~	89081
determines that such an individual has been admitted to a nursing	89082
facility, the agency shall notify the long-term care consultation	89083
program administrator serving the area in which the individual	89084
resides about the determination. The administrator shall determine	89085
whether the residential state supplement program is appropriate	89086
for the individual and whether the individual would rather	89087
participate in the program than continue residing in the nursing	89088
facility. If the administrator determines that the residential	89089
state supplement program is appropriate for the individual and the	89090
individual would rather participate in the program than continue	89091
residing in the nursing facility, the administrator shall so	89092
notify the department of ~~aging~~mental health. On receipt of the	89093
notice from the administrator, the department of ~~aging~~mental	89094
health shall approve the individual's enrollment in the	89095
residential state supplement program in accordance with the	89096
priorities specified in rules adopted under division (F) of	89097
section ~~173.35~~5119.69 of the Revised Code. Each quarter, the	89098
department of ~~aging~~mental health shall certify to the director of	89099
budget and management the estimated increase in costs of the	89100
residential state supplement program resulting from enrollment of	89101
individuals in the program pursuant to this section.	89102

~~(C) Not later than the last day of each calendar year, the~~	89103
~~director of aging shall submit to the general assembly a report~~	89104
~~regarding the number of individuals enrolled in the residential~~	89105
~~state supplement program pursuant to this section and the costs~~	89106
~~incurred and savings achieved as a result of the enrollments.~~	89107

~~Sec. 173.36.~~ Sec. 5119.692. As used in this section, "adult foster	89108
home" means a residence, other than a ~~residence certified or~~	89109
residential facility licensed ~~by the department of mental health~~	89110
under section 5119.22 of the Revised Code, in which accommodations	89111
and personal care services, as defined in section ~~3722.01~~5119.70	89112
of the Revised Code, are provided to one or two adults who are	89113
unrelated to the owners of the residence.	89114

The department of ~~aging~~mental health shall adopt rules in	89115
accordance with Chapter 119. of the Revised Code establishing	89116
standards for the certification of adult foster homes. The	89117
department or its designee shall certify adult foster homes that	89118
apply for certification and meet the standards established by the	89119
department.	89120

~~Sec. 3722.01.~~ Sec. 5119.70. (A) As used in ~~this chapter~~sections	89121
5119.70 to 5119.88:	89122

(1) "Owner" means the person who owns the business of and who	89123
ultimately controls the operation of an adult care facility and to	89124
whom the manager, if different from the owner, is responsible.	89125

(2) "Manager" means the person responsible for the daily	89126
operation of an adult care facility. The manager and the owner of	89127
a facility may be the same person.	89128

(3) "Adult" means an individual eighteen years of age or	89129
older.	89130

(4) "Unrelated" means that an adult resident is not related	89131
to the owner or manager of an adult care facility or to the	89132
owner's or manager's spouse as a parent, grandparent, child,	89133
stepchild, grandchild, brother, sister, niece, nephew, aunt, or	89134
uncle, or as the child of an aunt or uncle.	89135

(5) "Skilled nursing care" means skilled nursing care as	89136
defined in section 3721.01 of the Revised Code.	89137

(6)(a) "Personal care services" means services including, but	89138
not limited to, the following:	89139

(i) Assistance with activities of daily living;

89140

(ii) Assistance with self-administration of medication, in	89141
accordance with rules adopted ~~by the public health council~~	89142
~~pursuant to this chapter~~under section 5119.79 of the Revised	89143
Code;	89144

(iii) Preparation of special diets, other than complex	89145
therapeutic diets, for residents pursuant to the instructions of a	89146
physician or a licensed dietitian, in accordance with rules	89147
adopted ~~by the public health council pursuant to this chapter~~	89148
under section 5119.79 of the Revised Code.	89149

(b) "Personal care services" does not include "skilled	89150
nursing care" as defined in section 3721.01 of the Revised Code. A	89151
facility need not provide more than one of the services listed in	89152
division (A)(6)(a) of this section for the facility to be	89153
considered to be providing personal care services.	89154

(7) "Adult family home" means a residence or facility that	89155
provides accommodations and supervision to three to five unrelated	89156
adults, at least three of whom require personal care services.	89157

(8) "Adult group home" means a residence or facility that	89158
provides accommodations and supervision to six to sixteen	89159
unrelated adults, at least three of whom require personal care	89160
services.	89161

(9) "Adult care facility" means an adult family home or an	89162
adult group home. For the purposes of ~~this chapter~~sections	89163
5119.70 to 5119.88 of the Revised Code, any residence, facility,	89164
institution, hotel, congregate housing project, or similar	89165
facility that provides accommodations and supervision to three to	89166
sixteen unrelated adults, at least three of whom require personal	89167
care services, is an adult care facility regardless of how the	89168
facility holds itself out to the public. "Adult care facility"	89169
does not include:	89170

(a) A facility operated by a hospice care program licensed	89171
under section 3712.04 of the Revised Code that is used exclusively	89172
for care of hospice patients;	89173

(b) A nursing home, residential care facility, or home for	89174
the aging as defined in section 3721.01 of the Revised Code;	89175

(c) An alcohol and drug addiction program as defined in	89176
section 3793.01 of the Revised Code;	89177

(d) A residential facility for the mentally ill licensed by	89178
the department of mental health under section 5119.22 of the	89179
Revised Code;	89180

(e) A facility licensed to provide methadone treatment under	89181
section 3793.11 of the Revised Code;	89182

(f) A residential facility licensed under section 5123.19 of	89183
the Revised Code or otherwise regulated by the department of	89184
developmental disabilities;	89185

(g) Any residence, institution, hotel, congregate housing	89186
project, or similar facility that provides personal care services	89187
to fewer than three residents or that provides, for any number of	89188
residents, only housing, housekeeping, laundry, meal preparation,	89189
social or recreational activities, maintenance, security,	89190
transportation, and similar services that are not personal care	89191
services or skilled nursing care;	89192

(h) Any facility that receives funding for operating costs	89193
from the department of development under any program established	89194
to provide emergency shelter housing or transitional housing for	89195
the homeless;	89196

(i) A terminal care facility for the homeless that has	89197
entered into an agreement with a hospice care program under	89198
section 3712.07 of the Revised Code;	89199

(j) A facility approved by the veterans administration under	89200
section 104(a) of the "Veterans Health Care Amendments of 1983,"	89201
97 Stat. 993, 38 U.S.C.A. 630, as amended, and used exclusively	89202
for the placement and care of veterans.	89203

(10) ~~"Residents' rights advocate" means:~~

89204

~~(a) An employee or representative of any state or local~~	89205
~~government entity that has a responsibility for residents of adult~~	89206
~~care facilities and has registered with the department of health~~	89207
~~under section 3701.07 of the Revised Code;~~	89208

~~(b) An employee or representative, other than a manager or~~	89209
~~employee of an adult care facility or nursing home, of any private~~	89210
~~nonprofit corporation or association that qualifies for tax-exempt~~	89211
~~status under section 501(a) of the "Internal Revenue Code of~~	89212
~~1986," 100 Stat. 2085, 26 U.S.C.A. 501(a), as amended, that has~~	89213
~~registered with the department of health under section 3701.07 of~~	89214
~~the Revised Code, and whose purposes include educating and~~	89215
~~counseling residents, assisting residents in resolving problems~~	89216
~~and complaints concerning their care and treatment, and assisting~~	89217
~~them in securing adequate services.~~	89218

~~(11)~~ "Sponsor" means an adult relative, friend, or guardian	89219
of a resident of an adult care facility who has an interest in or	89220
responsibility for the resident's welfare.	89221

~~(12)~~(11) "Ombudsperson" means a "representative of the office	89222
of the state long-term care ombudsperson program" as defined in	89223
section 173.14 of the Revised Code.	89224

~~(13)~~(12) "Mental health agency" means a community mental	89225
health agency, as defined in section ~~5119.22~~340.01 of the Revised	89226
Code, under contract with an ADAMHS board pursuant to division	89227
(A)(8)(a) of section 340.03 of the Revised Code.	89228

~~(14)~~(13) "ADAMHS board" means a board of alcohol, drug	89229
addiction, and mental health services;	89230

~~(15)~~(14) "Mental health resident program participation	89231
agreement" means a written agreement between an adult care	89232
facility and the ADAMHS board serving the alcohol, drug addiction,	89233
and mental health service district in which the facility is	89234
located, under which the facility is authorized to admit residents	89235
who are receiving or are eligible for publicly funded mental	89236
health services.	89237

~~(16)~~(15) "~~PASSPORT~~RSS administrative agency" means an entity	89238
~~under contract with the department of aging to provide~~that	89239
provides administrative services regarding the ~~PASSPORT~~	89240
residential state supplement program ~~created under section 173.40~~	89241
~~of the Revised Code~~on behalf of the department of mental health,	89242
either by having entered into a contract with the department to	89243
serve in that capacity or by having the department otherwise	89244
delegate to it the responsibility to serve in that capacity.	89245

(B) For purposes of ~~this chapter~~sections 5119.70 to 5119.88	89246
of the Revised Code, personal care services or skilled nursing	89247
care shall be considered to be provided by a facility if they are	89248
provided by a person employed by or associated with the facility	89249
or by another person pursuant to an agreement to which neither the	89250
resident who receives the services nor the resident's sponsor is a	89251
party.	89252

(C) Nothing in division (A)(6) of this section shall be	89253
construed to permit personal care services to be imposed upon a	89254
resident who is capable of performing the activity in question	89255
without assistance.	89256

~~Sec. 3722.011.~~ Sec. 5119.701. (A) All medication taken by residents	89257
of an adult care facility shall be self-administered, except that	89258
medication may be administered to a resident as part of the	89259
skilled nursing care provided in accordance with division (B) of	89260
section ~~3722.16~~5119.86 of the Revised Code. No person shall be	89261
admitted to or retained by an adult care facility unless the	89262
person is capable of self-administering the person's medication,	89263
as determined in writing by a physician, except that a person may	89264
be admitted to or retained by such a facility if the person's	89265
medication is administered as part of the skilled nursing care	89266
provided in accordance with division (B) of section ~~3722.16~~	89267
5119.86 of the Revised Code.	89268

(B) Members of the staff of an adult care facility shall not	89269
administer medication to residents but may do any of the	89270
following:	89271

Remind a resident when to take medication and watch to ensure	89272
that the resident follows the directions on the container;	89273

Assist a resident in the self-administration of medication by	89274
taking the medication from the locked area where it is stored, in	89275
accordance with rules adopted ~~by the public health council~~	89276
~~pursuant to this chapter~~under section 5119.79 of the Revised	89277
Code, and handing it to the resident. If the resident is	89278
physically unable to open the container, a staff member may open	89279
the container for the resident.	89280

Assist a physically impaired but mentally alert resident,	89281
such as a resident with arthritis, cerebral palsy, or Parkinson's	89282
disease, in removing oral or topical medication from containers	89283
and in consuming or applying the medication, upon request by or	89284
with the consent of the resident. If a resident is physically	89285
unable to place a dose of medicine to the resident's mouth without	89286
spilling it, a staff member may place the dose in a container and	89287
place the container to the mouth of the resident.	89288

~~Sec. 3722.02.~~ Sec. 5119.71. A person seeking a license to operate	89289
an adult care facility shall submit to the director of mental	89290
health an application on a form prescribed by the director and the	89291
following:	89292

(A) In the case of an adult group home seeking licensure as	89293
an adult care facility, evidence that the home has been inspected	89294
and approved by a local certified building department or by the	89295
division of labor in the department of commerce as meeting the	89296
applicable requirements of sections 3781.06 to 3781.18 and 3791.04	89297
of the Revised Code and any rules adopted under those sections and	89298
evidence that the home has been inspected by the state fire	89299
marshal or fire prevention officer of a municipal, township, or	89300
other legally constituted fire department approved by the state	89301
fire marshal and found to be in compliance with rules adopted	89302
under section 3737.83 of the Revised Code regarding fire	89303
prevention and safety in adult group homes;	89304

(B) Valid approvals of the facility's water and sewage	89305
systems issued by the responsible governmental entity, if	89306
applicable;	89307

(C) A statement of ownership containing the following	89308
information:	89309

(1) If the owner is an individual, the owner's name, address,	89310
telephone number, business address, business telephone number, and	89311
occupation. If the owner is an association, corporation, or	89312
partnership, the business activity, address, and telephone number	89313
of the entity and the name of every person who has an ownership	89314
interest of five per cent or more in the entity.	89315

(2) If the owner does not own the building or if the owner	89316
owns only part of the building in which the facility is housed,	89317
the name of each person who has an ownership interest of five per	89318
cent or more in the building;	89319

(3) The address of any adult care facility and any facility	89320
described in divisions (A)(9)(a) to (j) of section ~~3722.01~~5119.70	89321
of the Revised Code in which the owner has an ownership interest	89322
of five per cent or more;	89323

(4) The identity of the manager of the adult care facility,	89324
if different from the owner;	89325

(5) The name and address of any adult care facility and any	89326
facility described in divisions (A)(9)(a) to (j) of section	89327
~~3722.01~~5119.70 of the Revised Code with which either the owner or	89328
manager has been affiliated through ownership or employment in the	89329
five years prior to the date of the application;	89330

(6) The names and addresses of three persons not employed by	89331
or associated in business with the owner who will provide	89332
information about the character, reputation, and competence of the	89333
owner and the manager and the financial responsibility of the	89334
owner;	89335

(7) Information about any arrest of the owner or manager for,	89336
or adjudication or conviction of, a criminal offense related to	89337
the provision of care in an adult care facility or any facility	89338
described in divisions (A)(9)(a) to (j) of section ~~3722.01~~5119.70	89339
of the Revised Code or the ability to operate a facility;	89340

(8) Any other information the director may require regarding	89341
the owner's ability to operate the facility.	89342

(D) If the facility is an adult group home, a balance sheet	89343
showing the assets and liabilities of the owner and a statement	89344
projecting revenues and expenses for the first twelve months of	89345
the facility's operation;	89346

(E) A statement containing the following information	89347
regarding admissions to the facility:	89348

(1) The intended bed capacity of the facility;

89349

(2) If the facility will admit persons referred by or	89350
receiving services from an ADAMHS board or a mental health agency,	89351
the total number of beds anticipated to be occupied as a result of	89352
those admissions.	89353

(F) A nonrefundable license application fee in an amount	89354
established in rules adopted ~~by the public health council pursuant~~	89355
~~to this chapter~~under section 5119.79 of the Revised Code.	89356

~~Sec. 3722.021.~~ Sec. 5119.711. In determining the number of	89357
residents in a facility for the purpose of licensure ~~under this~~	89358
~~chapter~~as an adult care facility, the director of mental health	89359
shall consider all the individuals for whom the facility provides	89360
accommodations as one group unless either of the following is the	89361
case:	89362

(A) In addition to being an adult care facility, the facility	89363
is a nursing home licensed under Chapter 3721. of the Revised	89364
Code, a residential facility licensed under that chapter, or both.	89365
In that case, all the individuals in the part or unit licensed as	89366
a nursing home, residential care facility, or both, shall be	89367
considered as one group and all the individuals in the part or	89368
unit licensed as an adult care facility shall be considered as	89369
another group.	89370

(B) The facility maintains, in addition to an adult care	89371
facility, a separate and discrete part or unit that provides	89372
accommodations to individuals who do not receive supervision or	89373
personal care services from the adult care facility, in which case	89374
the individuals in the separate and discrete part or unit shall	89375
not be considered in determining the number of residents in the	89376
adult care facility if the separate and discrete part or unit is	89377
in compliance with the Ohio basic building code established by the	89378
board of building standards under Chapters 3781. and 3791. of the	89379
Revised Code and the adult care facility, to the extent of its	89380
authority, permits the director, on request, to inspect the	89381
separate and discrete part or unit and speak with the individuals	89382
residing there, if they consent, to determine whether the separate	89383
and discrete part or unit meets the requirements of this division.	89384

~~Sec. 3722.022.~~ Sec. 5119.712. A person may not apply for a license	89385
to operate an adult care facility if the person is or has been the	89386
owner or manager of an adult care facility for which a license to	89387
operate was revoked or for which renewal of a license was refused	89388
for any reason other than nonpayment of the license renewal fee,	89389
unless both of the following conditions are met:	89390

(A) A period of not less than two years has elapsed since the	89391
date the director of mental health issued the order revoking or	89392
refusing to renew the facility's license.	89393

(B) The director's revocation or refusal to renew the license	89394
was not based on an act or omission at the facility that violated	89395
a resident's right to be free from abuse, neglect, or	89396
exploitation.	89397

~~Sec. 3722.03.~~ Sec. 5119.72. (A) Any person may operate an adult	89398
family home licensed as an adult care facility as a permitted use	89399
in any residential district or zone, including any single-family	89400
residential district or zone of any political subdivision. Such	89401
adult family homes may be required to comply with area, height,	89402
yard, and architectural compatibility requirements that are	89403
uniformly imposed upon all single-family residences within the	89404
district or zone.	89405

(B) Any person may operate an adult group home licensed as an	89406
adult care facility as a permitted use in any multiple-family	89407
residential district or zone of any political subdivision, except	89408
that a political subdivision that has enacted a zoning ordinance	89409
or resolution establishing planned-unit development districts as	89410
defined in section 519.021 of the Revised Code may exclude adult	89411
group homes from such districts, and a political subdivision that	89412
has enacted a zoning ordinance or resolution may regulate adult	89413
group homes in multiple-family residential districts or zones as a	89414
conditionally permitted use or special exception, in either case,	89415
under reasonable and specific standards and conditions set out in	89416
the zoning ordinance or resolution to:	89417

(1) Require the architectural design and site layout of the	89418
home and the location, nature, and height of any walls, screens,	89419
and fences to be compatible with adjoining land uses and the	89420
residential character of the neighborhood;	89421

(2) Require compliance with yard, parking, and sign	89422
regulation.	89423

(C) This section does not affect any right of a political	89424
subdivision to permit a person to operate an adult group home	89425
licensed under this chapter in a single-family residential	89426
district or zone under conditions established by the political	89427
subdivision.	89428

(D)(1) Notwithstanding divisions (A) and (B) of this section	89429
and except as otherwise provided in division (D)(2) of this	89430
section, a political subdivision that has enacted a zoning	89431
ordinance or resolution may limit the excessive concentration of	89432
adult family homes and adult group homes required to be licensed	89433
as adult care facilities.	89434

(2) Nothing in division (D)(1) of this section authorizes a	89435
political subdivision to prevent or limit the continued existence	89436
and operation of adult family homes and adult group homes existing	89437
and operating on the effective date of this section and required	89438
to be licensed as adult care facilities. A political subdivision	89439
may consider the existence of such homes for the purpose of	89440
limiting the excessive concentration of adult family homes or	89441
adult group homes required to be licensed as adult care facilities	89442
that are not existing and operating on the effective date of this	89443
section.	89444

~~Sec. 3722.04.~~ Sec. 5119.73. (A) The director of mental health	89445
shall inspect, license, and regulate adult care facilities. Except	89446
as otherwise provided in division (D) of this section, the	89447
director shall issue a license to an adult care facility that	89448
meets the requirements of section ~~3722.02~~5119.71 of the Revised	89449
Code and that the director determines to be in substantial	89450
compliance with the rules adopted ~~by the public health council~~	89451
pursuant to ~~this chapter~~sections 5119.70 to 5119.88 of the	89452
Revised Code. The director shall consider the past record of the	89453
owner and manager and any individuals who are principal	89454
participants in an entity that is the owner or manager in	89455
operating facilities providing care to adults. The director may,	89456
in accordance with Chapter 119. of the Revised Code, deny a	89457
license if the past record indicates that the owner or manager is	89458
not suitable to own or manage an adult care facility.	89459

The license shall contain the name and address of the	89460
facility for which it was issued, the date of expiration of the	89461
license, and the maximum number of residents that may be	89462
accommodated by the facility. A license for an adult care facility	89463
shall be valid for a period of two years after the date of	89464
issuance. No single facility may be licensed to operate as more	89465
than one adult care facility.	89466

(B) The director shall renew a license for a two-year period	89467
if the facility continues to be in compliance with the	89468
requirements of this chapter and in substantial compliance with	89469
the rules adopted ~~under this chapter~~pursuant to sections 5119.70	89470
to 5119.88 of the Revised Code. The owner shall submit a	89471
nonrefundable license renewal application fee in an amount	89472
established in rules adopted ~~by the public health council pursuant~~	89473
~~to this chapter~~under section 5119.79 of the Revised Code. Before	89474
the license of an adult group home is renewed, if any alterations	89475
have been made to the buildings, a certificate of occupancy for	89476
the facility shall have been issued by the division of labor in	89477
the department of commerce or a local certified building	89478
department. The facility shall have water and sewage system	89479
approvals, if required by law, and, in the case of an adult group	89480
home, documentation of continued compliance with the rules adopted	89481
by the state fire marshal under division (F) of section 3737.83 of	89482
the Revised Code.	89483

(C)(1) During each licensure period, the director shall make	89484
at least one unannounced inspection of an adult care facility in	89485
addition to inspecting the facility to determine whether a license	89486
should be issued or renewed, and may make additional unannounced	89487
inspections as the director considers necessary. Other inspections	89488
may be made at any time that the director considers appropriate.	89489
Inspections may be conducted as desk audits or on-site	89490
inspections.	89491

The director shall take all reasonable actions to avoid	89492
giving notice of an inspection by the manner in which the	89493
inspection is scheduled or performed.	89494

If an inspection is conducted to investigate an alleged	89495
violation of the requirements of ~~this chapter~~sections 5119.70 to	89496
5119.88 of the Revised Code in a facility with residents referred	89497
by or receiving services from a mental health agency or ADAMHS	89498
board or a facility with residents receiving assistance under the	89499
residential state supplement program administered by the	89500
department of ~~aging~~mental health pursuant to section ~~173.35~~	89501
5119.69 of the Revised Code, the director ~~shall~~may coordinate the	89502
inspection with the appropriate mental health agency, ADAMHS	89503
board, or ~~PASSPORT~~residential state supplement administrative	89504
agency designated under section 5119.69 of the Revised Code. As	89505
~~the director considers appropriate, the~~The director ~~shall~~may	89506
conduct the inspection jointly with the mental health agency,	89507
ADAMHS board, or ~~PASSPORT~~residential state supplement	89508
administrative agency.	89509

Not later than sixty days after the date of an inspection of	89510
a facility, the director shall send a report of the inspection to	89511
the regional long-term care ombudsperson ~~in whose region~~	89512
representing the program in the area in which the facility is	89513
located.	89514

(2) The state fire marshal or fire prevention officer of a	89515
municipal, township, or other legally constituted fire department	89516
approved by the state fire marshal shall inspect an adult group	89517
home seeking a license or renewal ~~under this chapter~~ as an adult	89518
care facility prior to issuance of a license or renewal, at least	89519
once annually thereafter, and at any other time at the request of	89520
the director, to determine compliance with the rules adopted under	89521
division (F) of section 3737.83 of the Revised Code.	89522

(D) The director may waive any of the licensing requirements	89523
established by rule ~~adopted by the public health council~~ pursuant	89524
to ~~this chapter~~sections 5119.70 to 5119.88 of the Revised Code	89525
upon written request of the facility. The director may grant a	89526
waiver if the director determines that the strict application of	89527
the licensing requirement would cause undue hardship to the	89528
facility and that granting the waiver would not jeopardize the	89529
health or safety of any resident. The director may provide a	89530
facility with an informal hearing concerning the denial of a	89531
waiver request, but the facility shall not be entitled to a	89532
hearing under Chapter 119. of the Revised Code unless the director	89533
takes an action that requires a hearing to be held under section	89534
~~3722.05~~5119.74 of the Revised Code.	89535

(E)(1) Not later than thirty days after each of the	89536
following, the owner of an adult care facility shall submit an	89537
inspection fee of twenty dollars for each bed for which the	89538
facility is licensed:	89539

(a) Issuance or renewal of a license;

89540

(b) The unannounced inspection required by division (C)(1) of	89541
this section that is in addition to the inspection conducted to	89542
determine whether a license should be issued or renewed;	89543

(c) If, during an inspection conducted in addition to the two	89544
inspections required by division (C)(1) of this section, the	89545
facility was found to be in violation of ~~this chapter~~sections	89546
5119.70 to 5119.88 of the Revised Code or the rules adopted under	89547
itthose sections, receipt by the facility of the report of that	89548
investigation.	89549

(2) The director may revoke the license of any adult care	89550
facility that fails to submit the fee within the thirty-day	89551
period.	89552

(3) All inspection fees received by the director, all civil	89553
penalties assessed under section ~~3722.08~~5119.77 of the Revised	89554
Code, all fines imposed under section ~~3722.99~~5119.99 of the	89555
Revised Code, and all license application and renewal application	89556
fees received under division (F) of section ~~3722.02~~5119.71 of the	89557
Revised Code or under division (B) of this section ~~shall be~~	89558
~~deposited into the general operations fund created in section~~	89559
~~3701.83 of the Revised Code and~~ shall be used only to pay the	89560
costs of administering and enforcing the requirements of ~~this~~	89561
~~chapter~~sections 5119.70 to 5119.88 of the Revised Code and rules	89562
adopted under itthose sections.	89563

(F)(1) An owner shall inform the director in writing of any	89564
changes in the information contained in the statement of ownership	89565
made pursuant to division (C) of section ~~3722.02~~5119.71 of the	89566
Revised Code or in the identity of the manager, not later than ten	89567
days after the change occurs.	89568

(2) An owner who sells or transfers an adult care facility	89569
shall be responsible and liable for the following:	89570

(a) Any civil penalties imposed against the facility under	89571
section ~~3722.08~~5119.77 of the Revised Code for violations that	89572
occur before the date of transfer of ownership or during any	89573
period in which the seller or the seller's agent operates the	89574
facility;	89575

(b) Any outstanding liability to the state, unless the buyer	89576
or transferee has agreed, as a condition of the sale or transfer,	89577
to accept the outstanding liabilities and to guarantee their	89578
payment, except that if the buyer or transferee fails to meet	89579
these obligations the seller or transferor shall remain	89580
responsible for the outstanding liability.	89581

(G) The director shall annually publish a list of licensed	89582
adult care facilities, facilities for which licenses have been	89583
revoked, facilities for which license renewal has been refused,	89584
any facilities under an order suspending admissions pursuant to	89585
section ~~3722.07~~5119.76 of the Revised Code, and any facilities	89586
that have been assessed a civil penalty pursuant to section	89587
~~3722.08~~5119.77 of the Revised Code. The director shall furnish	89588
information concerning the status of licensure of any facility to	89589
any person upon request. The director shall annually send a copy	89590
of the list to the department of job and family services~~, to the~~	89591
~~department of mental health,~~ and to the department of aging.	89592

~~Sec. 3722.041.~~ Sec. 5119.731. (A) Sections 3781.06 to 3781.18 and	89593
3791.04 of the Revised Code do not apply to an adult family home	89594
for which application is made to the director of mental health for	89595
licensure as an adult care facility ~~under this chapter~~. Adult	89596
family homes shall not be required to submit evidence to the	89597
director ~~of health~~ that the home has been inspected by a local	89598
certified building department or the division of labor in the	89599
department of commerce or by the state fire marshal or a fire	89600
prevention officer under section ~~3722.02~~5119.71 of the Revised	89601
Code, but shall be inspected by the director ~~of health~~ to	89602
determine compliance with this section. An inspection made under	89603
this section may be made at the same time as an inspection made	89604
under section ~~3722.04~~5119.73 of the Revised Code.	89605

(B) The director shall not license or renew the license of an	89606
adult family home unless it meets the fire protection standards	89607
established by rules adopted ~~by the public health council pursuant~~	89608
~~to this chapter~~under section 5119.79 of the Revised Code.	89609

~~Sec. 3722.05.~~ Sec. 5119.74. If an adult care facility fails to	89610
comply with any requirement of ~~this chapter~~sections 5119.70 to	89611
5119.88 of the Revised Code or with any rule adopted ~~pursuant to~~	89612
~~this chapter~~under those sections, the director of mental health	89613
may do any one or all of the following:	89614

(A) In accordance with Chapter 119. of the Revised Code,	89615
deny, revoke, or refuse to renew the license of the facility;	89616

(B) Give the facility an opportunity to correct the	89617
violation, in accordance with section ~~3722.06~~5119.75 of the	89618
Revised Code;	89619

(C) Issue an order suspending the admission of residents to	89620
the facility, in accordance with section ~~3722.07~~5119.76 of the	89621
Revised Code;	89622

(D) Impose a civil penalty in accordance with section ~~3722.08~~	89623
5119.77 of the Revised Code;	89624

(E) Petition the court of common pleas for injunctive relief	89625
in accordance with section ~~3722.09~~5119.78 of the Revised Code.	89626

~~Sec. 3722.06.~~ Sec. 5119.75. Except as otherwise provided in	89627
sections ~~3722.07~~5119.76 to ~~3722.09~~5119.78 of the Revised Code	89628
and except in cases of violations that jeopardize the health and	89629
safety of any of the residents, if the director of mental health	89630
determines that a licensed adult care facility is in violation of	89631
~~this chapter~~sections 5119.70 to 5119.88 of the Revised Code or of	89632
rules adopted ~~pursuant to this chapter~~under those sections, the	89633
director shall give the facility an opportunity to correct the	89634
violation. The director shall notify the facility of the violation	89635
and specify a reasonable time for making the corrections. Notice	89636
of the violation shall be in writing and shall include a citation	89637
to the statute or rule violated. The director shall state the	89638
action that the director will take if the corrections are not made	89639
within the specified period of time.	89640

The facility shall submit to the director a plan of	89641
correction stating the actions that will be taken to correct the	89642
violation. The director shall conduct an inspection to determine	89643
whether the facility has corrected the violation in accordance	89644
with the plan of correction.	89645

If the director determines that the facility has failed to	89646
correct the violation in accordance with the plan of correction,	89647
the director may impose a penalty under section ~~3722.08~~5119.77 of	89648
the Revised Code. If the director determines that the license of	89649
the facility should be revoked or should not be renewed because	89650
the facility has failed to correct the violation within the time	89651
specified or because the violation jeopardizes the health or	89652
safety of any of the residents, the director shall revoke or	89653
refuse to renew the license in accordance with Chapter 119. of the	89654
Revised Code.	89655

~~Sec. 3722.07.~~ Sec. 5119.76. (A) If the director of mental health	89656
determines that an adult care facility is in violation of ~~this~~	89657
~~chapter~~sections 5119.70 to 5119.88 of the Revised Code or of	89658
rules adopted ~~pursuant to it~~under those sections, the director	89659
may immediately issue an order suspending the admission of	89660
residents to the facility. This order shall be effective	89661
immediately without prior hearing, and no resident shall be	89662
admitted to the facility until termination of the order. The	89663
director shall send a copy of the order to each organization known	89664
by the director to have placed residents in the facility and upon	89665
termination of the order shall send written notice of the	89666
termination to each of these organizations. Upon inquiry by any	89667
person about the licensure status of the facility, the director	89668
shall disclose the existence of an order of suspension. If the	89669
director discloses the existence of such an order to any person	89670
pursuant to this division, hethe director shall also notify that	89671
person, and any other person upon inquiry, of any subsequent	89672
termination of the order of suspension. The facility shall post	89673
the notice provided for in division (B) of this section	89674
prominently and shall inform any person who inquires about	89675
residence or placement in the facility of the order.	89676

(B) The director shall give written notice of the order of	89677
suspension to the facility by certified mail, return receipt	89678
requested, or shall provide for delivery of the notice in person.	89679
If requested by the facility in a letter mailed or delivered not	89680
later than two working days after it has received the notice, the	89681
director shall hold a conference with representatives of the	89682
facility concerning the suspension. The conference shall be held	89683
not later than seven days after the director receives the request.	89684

The notice sent by the director shall contain all of the	89685
following:	89686

(1) A description of the violation;

89687

(2) A citation to the statute or rule violated;

89688

(3) A description of the corrections required for termination	89689
of the order of suspension;	89690

(4) Procedures for the facility to follow to request a	89691
conference on the order of suspension.	89692

(C) At the conference the director shall discuss with the	89693
representatives of the facility the violation cited in the notice	89694
provided for in division (B) of this section and shall advise the	89695
representatives in regard to correcting the violations. Not later	89696
than five days after the conference, the director shall issue	89697
another order either upholding or terminating the suspension. If	89698
the director issues an order upholding the suspension, the	89699
facility may request an adjudication hearing pursuant to Chapter	89700
119. of the Revised Code, but the notice and hearing under that	89701
chapter shall be provided after the order is issued, and the	89702
suspension shall remain in effect during the hearing process	89703
unless terminated by the director or until ninety days have	89704
elapsed after a timely request for an adjudication hearing is	89705
received by the director, whichever is sooner.	89706

~~Sec. 3722.08.~~ Sec. 5119.77. (A) If the director of mental health	89707
determines that an adult care facility is in violation of ~~this~~	89708
~~chapter~~sections 5119.70 to 5119.88 of the Revised Code or rules	89709
adopted under itthose sections, the director may impose a civil	89710
penalty on the owner of the facility, pursuant to rules adopted by	89711
~~the public health council~~ under ~~this chapter~~sections 5119.79 and	89712
5119.80 of the Revised Code. The director shall determine the	89713
classification and amount of the penalty by considering the	89714
following factors:	89715

(1) The gravity of the violation, the severity of the actual	89716
or potential harm, and the extent to which the provisions of this	89717
chapter or rules adopted under it were violated;	89718

(2) Actions taken by the owner or manager to correct the	89719
violation;	89720

(3) The number, if any, of previous violations by the adult	89721
care facility.	89722

(B) The director shall give written notice of the order	89723
imposing a civil penalty to the adult care facility by certified	89724
mail, return receipt requested, or shall provide for delivery of	89725
the notice in person. The notice shall specify the classification	89726
of the violation as determined by rules adopted ~~by the public~~	89727
~~health council pursuant to this chapter~~under section 5119.80 of	89728
the Revised Code, the amount of the penalty and the rate of	89729
interest, the action that is required to be taken to correct the	89730
violation, the time within which it is to be corrected as	89731
specified in division (C) of this section, and the procedures for	89732
the facility to follow to request a conference on the order	89733
imposing a civil penalty. If the facility requests a conference in	89734
a letter mailed or delivered not later than two working days after	89735
it has received the notice, the director shall hold a conference	89736
with representatives of the facility concerning the civil penalty.	89737
The conference shall be held not later than seven days after the	89738
director receives the request. The conference shall be conducted	89739
as prescribed in division (C) of section ~~3722.07~~5119.76 of the	89740
Revised Code. If the director issues an order upholding the civil	89741
penalty, the facility may request an adjudication hearing pursuant	89742
to Chapter 119. of the Revised Code, but the order of the director	89743
shall be in effect during proceedings instituted pursuant to that	89744
chapter until a final adjudication is made.	89745

(C) The director shall order that the condition or practice	89746
constituting a class I violation be abated or eliminated within	89747
twenty-four hours or any longer period that the director considers	89748
reasonable. The notice for a class II or a class III violation	89749
shall specify a time within which the violation is required to be	89750
corrected.	89751

(D) If the facility does not request a conference or if,	89752
after a conference, it fails to take action to correct a violation	89753
in the time prescribed by the director, the director shall issue	89754
an order upholding the penalty, plus interest at the rate	89755
specified in section 1343.03 of the Revised Code for each day	89756
beyond the date set for payment of the penalty. The director may	89757
waive the interest payment for the period prior to the conference	89758
if the director concludes that the conference was necessitated by	89759
a legitimate dispute.	89760

(E) The director may cancel or reduce the penalty for a class	89761
I violation if the facility corrects the violation within the time	89762
specified in the notice, except that the director shall impose the	89763
penalty even though the facility has corrected the violation if a	89764
resident suffers physical harm because of the violation or the	89765
facility has been cited previously for the same violation. The	89766
director may cancel the penalty for a class II or class III	89767
violation if the facility corrects the violation within the time	89768
specified in the notice and the facility has not been cited	89769
previously for the same violation. Each day of a violation of any	89770
class, after the date the director sets for abatement or	89771
elimination, constitutes a separate and additional violation.	89772

(F) If an adult care facility fails to pay a penalty imposed	89773
under this section, the director may commence a civil action to	89774
collect the penalty. The license of an adult care facility that	89775
has failed to pay a penalty imposed under this section shall not	89776
be renewed until the penalty has been paid.	89777

(G) If a penalty is imposed under this section, a fine shall	89778
not be imposed under section ~~3722.99~~5119.99 of the Revised Code	89779
for the same violation.	89780

~~Sec. 3722.09.~~ Sec. 5119.78. (A) If the director of mental health	89781
determines that the operation of an adult care facility	89782
jeopardizes the health or safety of any of the residents of the	89783
facility or if the director determines that an adult care facility	89784
is operating without a license, the director may petition the	89785
court of common pleas in the county in which the facility is	89786
located for appropriate injunctive relief against the facility. If	89787
injunctive relief is granted against a facility for operating	89788
without a license and the facility continues to operate without a	89789
license, the director shall refer the case to the attorney general	89790
for further action.	89791

(B) The court petitioned under division (A) of this section	89792
shall grant injunctive relief upon a showing that the operation of	89793
the facility jeopardizes the health or safety of any of the	89794
residents of the facility or that the facility is operating	89795
without a license. When the court grants injunctive relief in the	89796
case of a facility operating without a license, the court shall	89797
issue, at a minimum, an order enjoining the facility from	89798
admitting new residents to the facility and an order requiring the	89799
facility to assist ~~resident rights advocates~~ with the safe and	89800
orderly relocation of the facility's residents.	89801

~~Sec. 3722.10.~~ Sec. 5119.79. (A) The ~~public health council shall~~	89802
~~have the exclusive authority to adopt, and the council~~department	89803
of mental health shall adopt, rules governing the licensing and	89804
operation of adult care facilities. The rules shall be adopted in	89805
accordance with Chapter 119. of the Revised Code ~~and shall~~.	89806
Subject to any provision of sections 5119.70 to 5119.88 of the	89807
Revised Code for which rules are required to be adopted, the rules	89808
may specify ~~all~~any of the following:	89809

(1) Procedures for the issuance, renewal, and revocation of	89810
licenses, for the granting and denial of waivers, and for the	89811
issuance and termination of orders of suspension of admission	89812
pursuant to section ~~3722.07~~5119.76 of the Revised Code;	89813

(2) The qualifications required for owners, managers, and	89814
employees of adult care facilities, including character, training,	89815
education, experience, and financial resources and the number of	89816
staff members required in a facility;	89817

(3) Adequate space, equipment, safety, and sanitation	89818
standards for the premises of adult care facilities, and fire	89819
protection standards for adult family homes as required by section	89820
~~3722.041~~5119.731 of the Revised Code;	89821

(4) The personal, social, dietary, and recreational services	89822
to be provided to each resident of adult care facilities;	89823

(5) Rights of residents of adult care facilities, in addition	89824
to the rights enumerated under section ~~3722.12~~5119.81 of the	89825
Revised Code, and procedures to protect and enforce the rights of	89826
these residents;	89827

(6) Provisions for keeping records of residents and for	89828
maintaining the confidentiality of the records as required by	89829
division (B) of section ~~3722.12~~5119.81 of the Revised Code. The	89830
provisions for maintaining the confidentiality of records shall,	89831
at the minimum, meet the requirements for maintaining the	89832
confidentiality of records under Title XIX of the "Social Security	89833
Act," 49 Stat. 620, 42 U.S.C. 301, as amended, and regulations	89834
promulgated thereunder.	89835

(7) Measures to be taken by adult care facilities relative to	89836
residents' medication, including policies and procedures	89837
concerning medication, storage of medication in a locked area, and	89838
disposal of medication and assistance with self-administration of	89839
medication, if the facility provides assistance;	89840

(8) Requirements for initial and periodic health assessments	89841
of prospective and current adult care facility residents by	89842
physicians or other health professionals to ensure that they do	89843
not require a level of care beyond that which is provided by the	89844
adult care facility, including assessment of their capacity to	89845
self-administer the medications prescribed for them;	89846

(9) Requirements relating to preparation of special diets;

89847

(10) The amount of the fees for new and renewal license	89848
applications made pursuant to sections ~~3722.02~~5119.71 and ~~3722.04~~	89849
5119.73 of the Revised Code;	89850

(11) Measures to be taken by any employee of the state or any	89851
political subdivision of the state authorized by this chapter to	89852
enter an adult care facility to inspect the facility or for any	89853
other purpose, to ensure that the employee respects the privacy	89854
and dignity of residents of the facility, cooperates with	89855
residents of the facility and behaves in a congenial manner toward	89856
them, and protects the rights of residents;	89857

(12) How an owner or manager of an adult care facility is to	89858
comply with section ~~3722.18~~5119.88 of the Revised Code. ~~At a~~	89859
~~minimum, the~~The rules ~~shall~~may establish the procedures an owner	89860
or manager is to follow under division (A) of section ~~3722.18~~	89861
5119.88 of the Revised Code regarding referrals to the facility of	89862
prospective residents with mental illness or severe mental	89863
disability and effective arrangements for ongoing mental health	89864
services for such prospective residents. The procedures may	89865
provide for any of the following:	89866

(a) That the owner or manager and the ADAMHS board serving	89867
the alcohol, drug addiction, and mental health service district in	89868
which the facility is located sign a mental health resident	89869
program participation agreement, as developed by the director of	89870
mental health under section ~~5119.613~~5119.614 of the Revised Code;	89871

(b) That the owner or manager comply with the requirements of	89872
its mental health resident program participation agreement;	89873

(c) That the owner or manager and the mental health agencies	89874
and ADAMHS boards that refer such prospective residents to the	89875
facility develop and sign a mental health plan for ongoing mental	89876
health services for each such prospective resident;	89877

(d) Any other process established by the ~~public health~~	89878
~~council in consultation with the director of health and~~ director	89879
of mental health regarding referrals and effective arrangements	89880
for ongoing mental health services for prospective residents with	89881
mental illness.	89882

(13) Any other rules necessary for the administration and	89883
enforcement of ~~this chapter~~sections 5119.70 to 5119.88 of the	89884
Revised Code.	89885

(B) ~~After consulting with relevant constituencies, the~~	89886
~~director of mental health shall prepare and submit to the director~~	89887
~~of health recommendations for the content of rules to be adopted~~	89888
~~under division (A)(12) of this section.~~	89889

~~(C)~~ The director of mental health shall advise adult care	89890
facilities regarding compliance with the requirements of ~~this~~	89891
~~chapter~~sections 5119.70 to 5119.88 of the Revised Code and with	89892
the rules adopted pursuant to ~~this chapter~~those sections.	89893

~~(D)~~(C) Any duty or responsibility imposed upon the director	89894
of mental health by this chapter may be carried out by ~~an employee~~	89895
~~of the department of health~~persons designated by the director.	89896

~~(E)~~(D) Employees of the department of mental health may	89897
enter, for the purposes of investigation, any institution,	89898
residence, facility, or other structure which has been reported to	89899
the department as, or that the department has reasonable cause to	89900
believe is, operating as an adult care facility without a valid	89901
license.	89902

~~Sec. 3722.11.~~ Sec. 5119.80. The ~~public health council~~department	89903
of mental health shall~~, not later than twelve months after the~~	89904
~~effective date of this section,~~ adopt rules under Chapter 119. of	89905
the Revised Code that set guidelines for classifying violations of	89906
~~this chapter~~sections 5119.70 to 5119.88 of the Revised Code or	89907
rules adopted under itthose sections for the purpose of imposing	89908
civil penalties. The rules shall establish the following	89909
classifications:	89910

(A) Class I violations are conditions or occurrences that	89911
present an immediate and serious threat to the physical or	89912
emotional health, safety, or security of residents of an adult	89913
care facility. Whoever is determined to have committed a class I	89914
violation is subject to a civil penalty of not less than seven	89915
hundred dollars nor more than one thousand dollars for each	89916
violation.	89917

(B) Class II violations are conditions or occurrences, other	89918
than class I violations, that directly threaten the physical or	89919
emotional health, safety, or security of residents of an adult	89920
care facility. Whoever is determined to have committed a class II	89921
violation is subject to a civil penalty of not less than five	89922
hundred dollars nor more than seven hundred dollars for each	89923
violation.	89924

(C) Class III violations are conditions or occurrences, other	89925
than class I or class II violations, that indirectly or	89926
potentially threaten the physical or emotional health, safety, or	89927
security of residents of a facility. Whoever is determined to have	89928
committed a class III violation is subject to a civil penalty of	89929
not less than one hundred dollars nor more than five hundred	89930
dollars for each violation.	89931

~~Sec. 3722.12.~~ Sec. 5119.81. (A) As used in this section:

89932

(1) "Abuse" means the unreasonable confinement or	89933
intimidation of a resident, or the infliction of injury or cruel	89934
punishment upon a resident, resulting in physical harm, pain, or	89935
mental anguish.	89936

(2) "Exploitation" means the unlawful or improper utilization	89937
of an adult resident or ~~his~~the resident's resources for personal	89938
or monetary benefit, profit, or gain.	89939

(3) "Mechanical restraint" means any method of restricting a	89940
resident's freedom of movement, physical activity, or normal use	89941
of the resident's body, using an appliance or device manufactured	89942
for this purpose.	89943

(4) "Neglect" means failure to provide a resident with the	89944
goods or services necessary to prevent physical harm, mental	89945
anguish, or mental illness.	89946

~~(4)~~(5) "Physical restraint," ~~includes, but is not limited to,~~	89947
~~the locked door of a room or any article, device, or garment that~~	89948
~~interferes with the free movement of the resident and that he is~~	89949
~~unable to remove easily~~ also known as "manual restraint," means	89950
any method of physically restricting a resident's freedom of	89951
movement, physical activity, or normal use of the resident's body	89952
without the use of a mechanical restraint.	89953

(6) "Seclusion" means the involuntary confinement of a	89954
resident alone in a room in which the resident is physically	89955
prevented from leaving.	89956

(B) The rights of a resident of an adult care facility	89957
include all of the following:	89958

(1) The right to a safe, healthy, clean, and decent living	89959
environment;	89960

(2) The right to be treated at all times with courtesy and	89961
respect, and with full recognition of personal dignity and	89962
individuality;	89963

(3) The right to practice a religion of ~~his~~the resident's	89964
choice or to abstain from the practice of religion;	89965

(4) The right to manage personal financial affairs;

89966

(5) The right to retain and use personal clothing;

89967

(6) The right to ownership and reasonable use of personal	89968
property so as to maintain personal dignity and individuality;	89969

(7) The right to participate in activities within the	89970
facility and to use the common areas of the facility;	89971

(8) The right to engage in or refrain from engaging in	89972
activities of ~~his~~the resident's own choosing within reason;	89973

(9) The right to private and unrestricted communications,	89974
including:	89975

(a) The right to receive, send, and mail sealed, unopened	89976
correspondence;	89977

(b) The right to reasonable access to a telephone for private	89978
communications;	89979

89980

(10) The right to initiate and maintain contact with the	89981
community, including the right to participate in the activities of	89982
community groups at ~~his~~the resident's initiative or at the	89983
initiative of community groups;	89984

(11) The right to state grievances to the owner or the	89985
manager of the facility, to any governmental agency, or to any	89986
other person without reprisal;	89987

(12) Prior to becoming a resident, the right to visit the	89988
facility alone or with ~~his~~the prospective resident's sponsor;	89989

(13) The right to retain the services of any health or social	89990
services practitioner at ~~his~~the resident's own expense;	89991

(14) The right to refuse medical treatment or services, or if	89992
the resident has been adjudicated incompetent pursuant to Chapter	89993
2111. of the Revised Code and has not been restored to legal	89994
capacity, the right to have ~~his~~the resident's legal guardian make	89995
decisions about medical treatment and services for ~~him~~the	89996
resident;	89997

(15) The right to be free from abuse, neglect, or	89998
exploitation;	89999

(16) The right to be free from seclusion and mechanical and	90000
physical restraints;	90001

(17) The right not to be deprived of any legal rights solely	90002
by reason of residence in an adult care facility;	90003

(18) The right to examine records maintained by the adult	90004
care facility concerning ~~him~~the resident, upon request;	90005

(19) The right to confidential treatment of ~~his~~the	90006
resident's personal records, and the right to approve or refuse	90007
the release of these records to any individual outside the	90008
facility, except upon transfer to another adult care facility or a	90009
nursing home, residential care facility, home for the aging,	90010
hospital, or other health care facility or provider, and except as	90011
required by law or rule or as required by a third-party payment	90012
contract;	90013

(20) The right to be informed in writing of the rates charged	90014
by the facility as well as any additional charges, and to receive	90015
thirty days notice in writing of any change in the rates and	90016
charges;	90017

(21) The right to have any significant change in ~~his~~the	90018
resident's health reported to ~~his~~the resident's sponsor;	90019

(22) The right to share a room with a spouse if both are	90020
residents of the facility.	90021

(C) A sponsor, the director of mental health, or the director	90022
of aging~~, or a residents' rights advocate registered under section~~	90023
~~3701.07 of the Revised Code~~ may assert on behalf of a resident any	90024
of the rights enumerated under this section, section ~~3722.14~~	90025
5119.83 of the Revised Code, or rules adopted ~~by the public health~~	90026
~~council~~ pursuant to ~~this chapter~~sections 5119.70 to 5119.88 of	90027
the Revised Code. Any attempted waiver of these rights is void. No	90028
adult care facility or person associated with an adult care	90029
facility shall deny a resident any of these rights.	90030

(D) Any resident whose rights under this section or section	90031
~~3722.13~~5119.82 or ~~3722.14~~5119.83 of the Revised Code are	90032
violated has a cause of action against any person or facility	90033
committing the violation. ~~The action may be commenced by the~~	90034
~~resident or by his sponsor on his behalf.~~ The court may award	90035
actual and punitive damages for violation of the rights. The court	90036
may award to the prevailing party reasonable attorney's fees	90037
limited to the work reasonably performed.	90038

~~Sec. 3722.13.~~ Sec. 5119.82. (A) Each adult care facility shall	90039
establish a written residents' rights policy containing the text	90040
of sections ~~3722.12~~5119.81 and ~~3722.14~~5119.83 of the Revised	90041
Code and rules adopted by the ~~public health council~~ pursuant to	90042
~~this chapter~~sections 5119.70 to 5119.88 of the Revised Code, a	90043
discussion of the rights and responsibilities of residents under	90044
~~that section~~sections 5119.81 to 5119.83 of the Revised Code, and	90045
the text of any additional rule for residents promulgated by the	90046
facility. At the time of admission the manager shall give a copy	90047
of the residents' rights policy to the resident and the resident's	90048
sponsor, if any, and explain the contents of the policy to them.	90049
The facility shall establish procedures for facilitating the	90050
residents' exercise of their rights.	90051

(B) Each adult care facility shall post prominently within	90052
the facility a copy of the residents' rights listed in division	90053
(B) of section ~~3722.12~~5119.81 of the Revised Code and any	90054
additional residents' rights established by rules adopted ~~by the~~	90055
~~public health council~~ pursuant to ~~this chapter~~sections 5119.70 to	90056
5119.88 of the Revised Code, the addresses and telephone numbers	90057
of the state long-term care ombudsperson and the regional	90058
long-term care ombudsperson program for the area in which the	90059
facility is located, and the telephone number maintained by the	90060
department ~~of health~~ for accepting complaints.	90061

~~Sec. 3722.14.~~ Sec. 5119.83. (A)(1) Except as provided in division	90062
(A)(2) of this section, an adult care facility may transfer or	90063
discharge a resident, in the absence of a request from the	90064
resident, only for the following reasons:	90065

(a) Charges for the resident's accommodations and services	90066
have not been paid within thirty days after the date on which they	90067
became due;	90068

(b) The mental, emotional, or physical condition of the	90069
resident requires a level of care that the facility is unable to	90070
provide;	90071

(c) The health, safety, or welfare of the resident or of	90072
another resident requires a transfer or discharge;	90073

(d) The facility's license has been revoked or renewal has	90074
been denied ~~pursuant to this chapter~~by the director of mental	90075
health;	90076

(e) The owner closes the facility;

90077

(f) The resident is relocated as the result of a court's	90078
order issued under section ~~3722.09~~5119.78 of the Revised Code as	90079
part of the injunctive relief granted against a facility that is	90080
operating without a license;	90081

(g) The resident is receiving publicly funded mental health	90082
services and the facility's mental health resident program	90083
participation agreement is terminated by the facility or ADAMHS	90084
board.	90085

(2) An adult family home may transfer or discharge a resident	90086
if transfer or discharge is required for the health, safety, or	90087
welfare of an individual who resides in the home but is not a	90088
resident for whom supervision or personal services are provided.	90089

(B)(1) The facility shall give a resident thirty days'	90090
advance notice, in writing, of a proposed transfer or discharge,	90091
except that if the transfer or discharge is for a reason given in	90092
divisions (A)(1)(b) to (g) or (A)(2) of this section and an	90093
emergency exists, the notice need not be given thirty days in	90094
advance. The facility shall state in the written notice the	90095
reasons for the proposed transfer or discharge. If the resident is	90096
entitled to a hearing as specified in division (B)(2) of this	90097
section, the written notice shall outline the procedure for the	90098
resident to follow in requesting a hearing.	90099

(2) A resident may request a hearing if a proposed transfer	90100
or discharge is based on reason given in ~~division~~divisions	90101
(A)(1)(a) to (c) or (A)(2) of this section. If the resident seeks	90102
a hearing, the resident shall submit a request to the director of	90103
mental health not later than ten days after receiving the written	90104
notice. The director shall hold the hearing not later than ten	90105
days after receiving the request. A representative of the director	90106
shall preside over the hearing and shall issue a written	90107
recommendation of action to be taken by the director not later	90108
than three days after the hearing. The director shall issue an	90109
order regarding the transfer or discharge not later than two days	90110
after receipt of the recommendation. The order may prohibit or	90111
place conditions on the discharge or transfer. In the case of a	90112
transfer, the order may require that the transfer be to an	90113
institution or facility specified by the director. The hearing is	90114
not subject to section 121.22 of the Revised Code. The ~~public~~	90115
~~health council~~department of mental health shall adopt rules	90116
governing any additional procedures necessary for conducting the	90117
hearing.	90118

(C)(1) The owner of an adult care facility who is closing the	90119
facility shall inform the director ~~of health~~ in writing at least	90120
thirty days prior to the proposed date of closing. At the same	90121
time, the owner or manager shall inform each resident, the	90122
resident's guardian, the resident's sponsor, or any organization	90123
or agency acting on behalf of the resident, of the closing of the	90124
facility and the date of the closing.	90125

(2) Immediately upon receiving notice that a facility is to	90126
be closed, the director shall monitor the transfer of residents to	90127
other facilities and ensure that residents' rights are protected.	90128
The director shall notify the ombudsperson in the region in which	90129
the facility is located of the closing.	90130

(3) All charges shall be prorated as of the date on which the	90131
facility closes. If payments have been made in advance, the	90132
payments for services not rendered shall be refunded to the	90133
resident or the resident's guardian not later than seven days	90134
after the closing of the facility.	90135

(4) Immediately upon the closing of a facility, the owner	90136
shall surrender the license to the director, and the license shall	90137
be canceled.	90138

~~Sec. 3722.15.~~ Sec. 5119.84. (A) The following may enter an adult	90139
care facility at any time:	90140

(1) Employees designated by the director of mental health;

90141

(2) Employees designated by the director of aging;

90142

(3) Employees designated by the attorney general;

90143

(4) Employees designated by a county department of job and	90144
family services to implement sections 5101.60 to 5101.71 of the	90145
Revised Code;	90146

(5) Persons employed pursuant to division (M) of section	90147
173.01 of the Revised Code in the long-term care ombudsperson	90148
program;	90149

(6) ~~Employees of the department of mental health designated~~	90150
~~by the director of mental health;~~	90151

~~(7)~~ Employees of a mental health agency under any of the	90152
following circumstances:	90153

(a) When the agency has a client residing in the facility;

90154

(b) When the agency is acting as an agent of an ADAMHS board	90155
other than the board with which it is under contract;	90156

(c) When there is a mental health resident program	90157
participation agreement between the facility and the ADAMHS board	90158
with which the agency is under contract.	90159

~~(8)~~(7) Employees of an ADAMHS board under any of the	90160
following circumstances:	90161

(a) When authorized by section 340.05 of the Revised Code;

90162

(b) When a resident of the facility is receiving mental	90163
health services provided by that ADAMHS board or another ADAMHS	90164
board pursuant to division (A)(8)(b) of section 340.03 of the	90165
Revised Code;	90166

(c) When a resident of the facility is receiving services	90167
from a mental health agency under contract with that ADAMHS board	90168
or another ADAMHS board;	90169

(d) When there is a mental health resident program	90170
participation agreement between the facility and that ADAMHS	90171
board.	90172

The employees specified in divisions (A)(1) to ~~(8)~~(7) of this	90173
section shall be afforded access to all records of the facility,	90174
including records pertaining to residents, and may copy the	90175
records. Neither these employees nor the director of mental health	90176
shall release, without consent, any information obtained from the	90177
records of an adult care facility that reasonably would tend to	90178
identify a specific resident of the facility, except as ordered by	90179
a court of competent jurisdiction or when the release is otherwise	90180
authorized by law.	90181

(B) The following persons may enter any adult care facility	90182
during reasonable hours:	90183

(1) ~~A resident's sponsor;~~

90184

~~(2) Residents' rights advocates;~~

90185

~~(3)~~ A resident's attorney;

90186

~~(4)~~(2) A minister, priest, rabbi, or other person ministering	90187
to a resident's religious needs;	90188

~~(5)~~(3) A physician or other person providing health care	90189
services to a resident;	90190

~~(6)~~(4) Employees authorized by county departments of job and	90191
family services and local boards of health or health departments	90192
to enter adult care facilities;	90193

~~(7)~~(5) A prospective resident ~~and prospective resident's~~	90194
~~sponsor~~.	90195

(C) The manager of an adult care facility may require a	90196
person seeking to enter the facility to present identification	90197
sufficient to identify the person as an authorized person under	90198
this section.	90199

~~Sec. 3722.151.~~ Sec. 5119.85. (A) As used in this section:

90200

(1) ~~"Adult care facility" has the same meaning as in section~~	90201
~~3722.01 of the Revised Code.~~	90202

~~(2)~~ "Applicant" means a person who is under final	90203
consideration for employment with an adult care facility in a	90204
full-time, part-time, or temporary position that involves	90205
providing direct care to an older adult. "Applicant" does not	90206
include a person who provides direct care as a volunteer without	90207
receiving or expecting to receive any form of remuneration other	90208
than reimbursement for actual expenses.	90209

~~(3)~~(2) "Criminal records check" and "older adult" have the	90210
same meanings as in section 109.572 of the Revised Code.	90211

(B)(1) Except as provided in division (I) of this section,	90212
the chief administrator of an adult care facility shall request	90213
that the superintendent of the bureau of criminal identification	90214
and investigation conduct a criminal records check with respect to	90215
each applicant. If an applicant for whom a criminal records check	90216
request is required under this division does not present proof of	90217
having been a resident of this state for the five-year period	90218
immediately prior to the date the criminal records check is	90219
requested or provide evidence that within that five-year period	90220
the superintendent has requested information about the applicant	90221
from the federal bureau of investigation in a criminal records	90222
check, the chief administrator shall request that the	90223
superintendent obtain information from the federal bureau of	90224
investigation as part of the criminal records check of the	90225
applicant. Even if an applicant for whom a criminal records check	90226
request is required under this division presents proof of having	90227
been a resident of this state for the five-year period, the chief	90228
administrator may request that the superintendent include	90229
information from the federal bureau of investigation in the	90230
criminal records check.	90231

(2) A person required by division (B)(1) of this section to	90232
request a criminal records check shall do both of the following:	90233

(a) Provide to each applicant for whom a criminal records	90234
check request is required under that division a copy of the form	90235
prescribed pursuant to division (C)(1) of section 109.572 of the	90236
Revised Code and a standard fingerprint impression sheet	90237
prescribed pursuant to division (C)(2) of that section, and obtain	90238
the completed form and impression sheet from the applicant;	90239

(b) Forward the completed form and impression sheet to the	90240
superintendent of the bureau of criminal identification and	90241
investigation.	90242

(3) An applicant provided the form and fingerprint impression	90243
sheet under division (B)(2)(a) of this section who fails to	90244
complete the form or provide fingerprint impressions shall not be	90245
employed in any position for which a criminal records check is	90246
required by this section.	90247

(C)(1) Except as provided in rules adopted by the ~~public~~	90248
~~health council~~department of mental health in accordance with	90249
division (F) of this section and subject to division (C)(2) of	90250
this section, no adult care facility shall employ a person in a	90251
position that involves providing direct care to an older adult if	90252
the person has been convicted of or pleaded guilty to any of the	90253
following:	90254

(a) A violation of section 2903.01, 2903.02, 2903.03,	90255
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	90256
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	90257
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	90258
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	90259
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	90260
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	90261
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	90262
2925.22, 2925.23, or 3716.11 of the Revised Code.	90263

(b) A violation of an existing or former law of this state,	90264
any other state, or the United States that is substantially	90265
equivalent to any of the offenses listed in division (C)(1)(a) of	90266
this section.	90267

(2)(a) An adult care facility may employ conditionally an	90268
applicant for whom a criminal records check request is required	90269
under division (B) of this section prior to obtaining the results	90270
of a criminal records check regarding the individual, provided	90271
that the facility shall request a criminal records check regarding	90272
the individual in accordance with division (B)(1) of this section	90273
not later than five business days after the individual begins	90274
conditional employment. In the circumstances described in division	90275
(I)(2) of this section, an adult care facility may employ	90276
conditionally an applicant who has been referred to the adult care	90277
facility by an employment service that supplies full-time,	90278
part-time, or temporary staff for positions involving the direct	90279
care of older adults and for whom, pursuant to that division, a	90280
criminal records check is not required under division (B) of this	90281
section.	90282

(b) An adult care facility that employs an individual	90283
conditionally under authority of division (C)(2)(a) of this	90284
section shall terminate the individual's employment if the results	90285
of the criminal records check requested under division (B) of this	90286
section or described in division (I)(2) of this section, other	90287
than the results of any request for information from the federal	90288
bureau of investigation, are not obtained within the period ending	90289
thirty days after the date the request is made. Regardless of when	90290
the results of the criminal records check are obtained, if the	90291
results indicate that the individual has been convicted of or	90292
pleaded guilty to any of the offenses listed or described in	90293
division (C)(1) of this section, the facility shall terminate the	90294
individual's employment unless the facility chooses to employ the	90295
individual pursuant to division (F) of this section. Termination	90296
of employment under this division shall be considered just cause	90297
for discharge for purposes of division (D)(2) of section 4141.29	90298
of the Revised Code if the individual makes any attempt to deceive	90299
the facility about the individual's criminal record.	90300

(D)(1) Each adult care facility shall pay to the bureau of	90301
criminal identification and investigation the fee prescribed	90302
pursuant to division (C)(3) of section 109.572 of the Revised Code	90303
for each criminal records check conducted pursuant to a request	90304
made under division (B) of this section.	90305

(2) An adult care facility may charge an applicant a fee not	90306
exceeding the amount the facility pays under division (D)(1) of	90307
this section. A facility may collect a fee only if it notifies the	90308
person at the time of initial application for employment of the	90309
amount of the fee and that, unless the fee is paid, the person	90310
will not be considered for employment.	90311

(E) The report of any criminal records check conducted	90312
pursuant to a request made under this section is not a public	90313
record for the purposes of section 149.43 of the Revised Code and	90314
shall not be made available to any person other than the	90315
following:	90316

(1) The individual who is the subject of the criminal records	90317
check or the individual's representative;	90318

(2) The chief administrator of the facility requesting the	90319
criminal records check or the administrator's representative;	90320

(3) The administrator of any other facility, agency, or	90321
program that provides direct care to older adults that is owned or	90322
operated by the same entity that owns or operates the adult care	90323
facility;	90324

(4) A court, hearing officer, or other necessary individual	90325
involved in a case dealing with a denial of employment of the	90326
applicant or dealing with employment or unemployment benefits of	90327
the applicant;	90328

(5) Any person to whom the report is provided pursuant to,	90329
and in accordance with, division (I)(1) or (2) of this section.	90330

(F) The ~~public health council~~department shall adopt rules in	90331
accordance with Chapter 119. of the Revised Code to implement this	90332
section. The rules shall specify circumstances under which an	90333
adult care facility may employ a person who has been convicted of	90334
or pleaded guilty to an offense listed or described in division	90335
(C)(1) of this section but meets personal character standards set	90336
by the council.	90337

(G) The chief administrator of an adult care facility shall	90338
inform each individual, at the time of initial application for a	90339
position that involves providing direct care to an older adult,	90340
that the individual is required to provide a set of fingerprint	90341
impressions and that a criminal records check is required to be	90342
conducted if the individual comes under final consideration for	90343
employment.	90344

(H) In a tort or other civil action for damages that is	90345
brought as the result of an injury, death, or loss to person or	90346
property caused by an individual who an adult care facility	90347
employs in a position that involves providing direct care to older	90348
adults, all of the following shall apply:	90349

(1) If the facility employed the individual in good faith and	90350
reasonable reliance on the report of a criminal records check	90351
requested under this section, the facility shall not be found	90352
negligent solely because of its reliance on the report, even if	90353
the information in the report is determined later to have been	90354
incomplete or inaccurate;	90355

(2) If the facility employed the individual in good faith on	90356
a conditional basis pursuant to division (C)(2) of this section,	90357
the facility shall not be found negligent solely because it	90358
employed the individual prior to receiving the report of a	90359
criminal records check requested under this section;	90360

(3) If the facility in good faith employed the individual	90361
according to the personal character standards established in rules	90362
adopted under division (F) of this section, the facility shall not	90363
be found negligent solely because the individual prior to being	90364
employed had been convicted of or pleaded guilty to an offense	90365
listed or described in division (C)(1) of this section.	90366

(I)(1) The chief administrator of an adult care facility is	90367
not required to request that the superintendent of the bureau of	90368
criminal identification and investigation conduct a criminal	90369
records check of an applicant if the applicant has been referred	90370
to the facility by an employment service that supplies full-time,	90371
part-time, or temporary staff for positions involving the direct	90372
care of older adults and both of the following apply:	90373

(a) The chief administrator receives from the employment	90374
service or the applicant a report of the results of a criminal	90375
records check regarding the applicant that has been conducted by	90376
the superintendent within the one-year period immediately	90377
preceding the applicant's referral;	90378

(b) The report of the criminal records check demonstrates	90379
that the person has not been convicted of or pleaded guilty to an	90380
offense listed or described in division (C)(1) of this section, or	90381
the report demonstrates that the person has been convicted of or	90382
pleaded guilty to one or more of those offenses, but the adult	90383
care facility chooses to employ the individual pursuant to	90384
division (F) of this section.	90385

(2) The chief administrator of an adult care facility is not	90386
required to request that the superintendent of the bureau of	90387
criminal identification and investigation conduct a criminal	90388
records check of an applicant and may employ the applicant	90389
conditionally as described in this division, if the applicant has	90390
been referred to the facility by an employment service that	90391
supplies full-time, part-time, or temporary staff for positions	90392
involving the direct care of older adults and if the chief	90393
administrator receives from the employment service or the	90394
applicant a letter from the employment service that is on the	90395
letterhead of the employment service, dated, and signed by a	90396
supervisor or another designated official of the employment	90397
service and that states that the employment service has requested	90398
the superintendent to conduct a criminal records check regarding	90399
the applicant, that the requested criminal records check will	90400
include a determination of whether the applicant has been	90401
convicted of or pleaded guilty to any offense listed or described	90402
in division (C)(1) of this section, that, as of the date set forth	90403
on the letter, the employment service had not received the results	90404
of the criminal records check, and that, when the employment	90405
service receives the results of the criminal records check, it	90406
promptly will send a copy of the results to the adult care	90407
facility. If an adult care facility employs an applicant	90408
conditionally in accordance with this division, the employment	90409
service, upon its receipt of the results of the criminal records	90410
check, promptly shall send a copy of the results to the adult care	90411
facility, and division (C)(2)(b) of this section applies regarding	90412
the conditional employment.	90413

~~Sec. 3722.16.~~ Sec. 5119.86. (A) No person shall:

90414

(1) Operate an adult care facility unless the facility is	90415
validly licensed by the director of mental health under section	90416
~~3722.04~~5119.73 of the Revised Code;	90417

(2) Admit to an adult care facility more residents than the	90418
number authorized in the facility's license;	90419

(3) Admit a resident to an adult care facility after the	90420
director has issued an order pursuant to section ~~3722.07~~5119.76	90421
of the Revised Code suspending admissions to the facility.	90422
Violation of division (A)(3) of this section is cause for	90423
revocation of the facility's license.	90424

(4) Interfere with any authorized inspection of an adult care	90425
facility conducted pursuant to section ~~3722.02~~5119.71 or ~~3722.04~~	90426
5119.73 of the Revised Code;	90427

(5) Admit to an adult care facility a resident requiring	90428
publicly funded mental health services, unless both of the	90429
following conditions are met:	90430

(a) The ADAMHS board serving the alcohol, drug addiction, and	90431
mental health service district in which the facility is located is	90432
notified;	90433

(b) The facility and ADAMHS board have entered into a mental	90434
health resident program participation agreement by using the	90435
standardized form approved by the director of mental health under	90436
section ~~5119.613~~5119.614 of the Revised Code.	90437

(6) Violate any of the provisions of ~~this chapter~~sections	90438
5119.70 to 5119.88 of the Revised Code or any of the rules adopted	90439
pursuant to itthose sections.	90440

(B) No adult care facility shall provide, or admit or retain	90441
any resident in need of, skilled nursing care unless all of the	90442
following conditions are met:	90443

(1) The care will be provided on a part-time, intermittent	90444
basis for not more than a total of one hundred twenty days in any	90445
twelve-month period.	90446

(2) The care will be provided by one or more of the	90447
following:	90448

(a) A home health agency certified under Title XVIII of the	90449
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	90450
amended;	90451

(b) A hospice care program licensed under Chapter 3712. of	90452
the Revised Code;	90453

(c) A nursing home licensed under Chapter 3721. of the	90454
Revised Code and owned and operated by the same person and located	90455
on the same site as the adult care facility;	90456

(d) A mental health agency or, pursuant to division (A)(8)(b)	90457
of section 340.03 of the Revised Code, an ADAMHS board.	90458

(3) Each individual employed by, under contract with, or	90459
otherwise used by any of the entities specified in division (B)(2)	90460
of this section to perform the skilled nursing care is authorized	90461
under the laws of this state to perform the care by being	90462
appropriately licensed, as specified in rules adopted under	90463
division (G) of this section.	90464

(4) The staff of the one or more entities providing the	90465
skilled nursing care does not train the adult care facility staff	90466
to provide the skilled nursing care;	90467

(5) The individual to whom the skilled nursing care is	90468
provided is suffering from a short-term illness;	90469

(6) If the skilled nursing care is to be provided by the	90470
nursing staff of a nursing home, all of the following are the	90471
case:	90472

(a) The adult care facility evaluates the individual	90473
receiving the skilled nursing care at least once every seven days	90474
to determine whether the individual should be transferred to a	90475
nursing home;	90476

(b) The adult care facility meets at all times staffing	90477
requirements established by rules adopted under section ~~3722.10~~	90478
5119.79 of the Revised Code;	90479

(c) The nursing home does not include the cost of providing	90480
skilled nursing care to the adult care facility residents in a	90481
cost report filed under section 5111.26 of the Revised Code;	90482

(d) The nursing home meets at all times the nursing home	90483
licensure staffing ratios established by rules adopted under	90484
section 3721.04 of the Revised Code;	90485

(e) The nursing home staff providing skilled nursing care to	90486
adult care facility residents are registered nurses or licensed	90487
practical nurses licensed under Chapter 4723. of the Revised Code	90488
and meet the personnel qualifications for nursing home staff	90489
established by rules adopted under section 3721.04 of the Revised	90490
Code;	90491

(f) The skilled nursing care is provided in accordance with	90492
rules established for nursing homes under section 3721.04 of the	90493
Revised Code;	90494

(g) The nursing home meets the skilled nursing care needs of	90495
the adult care facility residents;	90496

(h) Using the nursing home's nursing staff does not prevent	90497
the nursing home or adult care facility from meeting the needs of	90498
the nursing home and adult care facility residents in a quality	90499
and timely manner.	90500

(7) No adult care facility staff shall provide skilled	90501
nursing care.	90502

Notwithstanding section 3721.01 of the Revised Code, an adult	90503
care facility in which residents receive skilled nursing care as	90504
described in division (B) of this section is not a nursing home.	90505

(C) A home health agency or hospice care program that	90506
provides skilled nursing care pursuant to division (B) of this	90507
section may not be associated with the adult care facility unless	90508
the facility is part of a home for the aged as defined in section	90509
5701.13 of the Revised Code or the adult care facility is owned	90510
and operated by the same person and located on the same site as a	90511
nursing home licensed under Chapter 3721. of the Revised Code that	90512
is associated with the home health agency or hospice care program.	90513
In addition, the following requirements shall be met:	90514

(1) The adult care facility shall evaluate the individual	90515
receiving the skilled nursing care not less than once every seven	90516
days to determine whether the individual should be transferred to	90517
a nursing home;	90518

(2) If the costs of providing the skilled nursing care are	90519
included in a cost report filed pursuant to section 5111.26 of the	90520
Revised Code by the nursing home that is part of the same home for	90521
the aged, the home health agency or hospice care program shall not	90522
seek reimbursement for the care under the medical assistance	90523
program established under Chapter 5111. of the Revised Code.	90524

(D) No person knowingly shall place or recommend placement of	90525
any person in an adult care facility that is operating without a	90526
license.	90527

(E) No employee of a unit of local or state government,	90528
ADAMHS board, mental health agency, or ~~PASSPORT~~RSS administrative	90529
agency shall place or recommend placement of any person in an	90530
adult care facility if the employee knows any of the following:	90531

(1) That the facility cannot meet the needs of the potential	90532
resident;	90533

(2) That placement of the resident would cause the facility	90534
to exceed its licensed capacity;	90535

(3) That an enforcement action initiated by the director of	90536
mental health is pending and may result in the revocation of or	90537
refusal to renew the facility's license;	90538

(4) That the potential resident is receiving or is eligible	90539
for publicly funded mental health services and the facility has	90540
not entered into a mental health resident program participation	90541
agreement.	90542

(F) No person who has reason to believe that an adult care	90543
facility is operating without a license shall fail to report this	90544
information to the director of mental health.	90545

(G) In accordance with Chapter 119. of the Revised Code, the	90546
~~public health council~~department of mental health shall adopt	90547
rules for purposes of division (B) of this section that do all of	90548
the following:	90549

(1) Define a short-term illness for purposes of division	90550
(B)(5) of this section;	90551

(2) Specify, consistent with rules pertaining to home health	90552
care adopted by the director of job and family services under the	90553
medical assistance program established under Chapter 5111. of the	90554
Revised Code and Title XIX of the "Social Security Act," 49 Stat.	90555
620 (1935), 42 U.S.C. 301, as amended, what constitutes a	90556
part-time, intermittent basis for purposes of division (B)(1) of	90557
this section;	90558

(3) Specify what constitutes being appropriately licensed for	90559
purposes of division (B)(3) of this section.	90560

~~Sec. 3722.17.~~ Sec. 5119.87. (A) Any person who believes that an	90561
adult care facility is in violation of ~~this chapter~~sections	90562
5119.70 to 5119.88 of the Revised Code or of any of the rules	90563
~~promulgated~~adopted pursuant to itthose sections may report the	90564
information to the director of mental health. The director shall	90565
investigate each report made under this section or section ~~3722.16~~	90566
5119.86 of the Revised Code and shall inform the facility of the	90567
results of the investigation. When investigating a report made	90568
pursuant to section 340.05 of the Revised Code, the director shall	90569
consult with the ADAMHS board that made the report. The director	90570
shall keep a record of the investigation and the action taken as a	90571
result of the investigation.	90572

The director shall not reveal, without consent, the identity	90573
of a person who makes a report under this section or division (G)	90574
of section ~~3722.16~~5119.86 of the Revised Code, the identity of a	90575
specific resident or residents referred to in such a report, or	90576
any other information that could reasonably be expected to reveal	90577
the identity of the person making the report or the resident or	90578
residents referred to in the report, except that the director may	90579
provide this information to a government agency responsible for	90580
enforcing laws applying to adult care facilities.	90581

(B) Any person who believes that a resident's rights under	90582
sections ~~3722.12~~5119.81 to ~~3722.15~~5119.84 of the Revised Code	90583
have been violated may report the information to the state	90584
long-term care ombudsperson, the regional long-term care	90585
ombudsperson program for the area in which the facility is	90586
located, or the director of mental health. If the person believes	90587
that the resident has mental illness or severe mental disability	90588
and is suffering abuse or neglect, the person may report the	90589
information to the ADAMHS board serving the alcohol, drug	90590
addiction, and mental health service district in which the adult	90591
care facility is located or a mental health agency under contract	90592
with the board in addition to or instead of the ombudsperson,	90593
regional program, or director.	90594

(C) Any person who makes a report pursuant to division (A) or	90595
(B) of this section or division (G) of section ~~3722.16~~5119.86 of	90596
the Revised Code or any person who participates in an	90597
administrative or judicial proceeding resulting from such a report	90598
is immune from any civil liability or criminal liability, other	90599
than perjury, that might otherwise be incurred or imposed as a	90600
result of these actions, unless the person has acted in bad faith	90601
or with malicious purpose.	90602

~~Sec. 3722.18.~~ Sec. 5119.88. Before an adult care facility admits a	90603
prospective resident who the owner or manager of the facility	90604
knows has been assessed as having a mental illness or severe	90605
mental disability, the owner or manager is subject to both of the	90606
following:	90607

(A) If the prospective resident is referred to the facility	90608
by a mental health agency or ADAMHS board, the owner or manager	90609
shall follow procedures established in rules adopted under	90610
division (A)(12) of section ~~3722.10~~5119.79 of the Revised Code	90611
regarding referrals and effective arrangements for ongoing mental	90612
health services.	90613

(B) If the prospective resident is not referred to the	90614
facility by a mental health agency or ADAMHS board, the owner or	90615
manager shall offer to assist the prospective resident in	90616
obtaining appropriate mental health services and document the	90617
offer of assistance in accordance with rules adopted under	90618
division (A)(12) of section ~~3722.10~~5119.79 of the Revised Code.	90619

Sec. 5119.99. (A) Whoever violates section 5119.21 of the	90620
Revised Code is guilty of a misdemeanor of the first degree.	90621

(B) Whoever violates division (A)(1) of section 5119.86 of	90622
the Revised Code shall be fined two thousand dollars for a first	90623
offense; for each subsequent offense, such person shall be fined	90624
five thousand dollars.	90625

(C) Whoever violates division (C) of section 5119.81 or	90626
division (A)(2), (3), (4), (5), or (6), (B), (C), (D), (E), or (F)	90627
of section 5119.86 of the Revised Code shall be fined five hundred	90628
dollars for a first offense; for each subsequent offense, such	90629
person shall be fined one thousand dollars.	90630

Sec. 5120.092. There is hereby created in the state treasury	90631
the adult and juvenile correctional facilities bond retirement	90632
fund. The fund shall receive proceeds derived from the sale of	90633
state adult or juvenile correctional facilities. Investment income	90634
with respect to moneys on deposit in the fund shall be retained by	90635
the fund. No investment of moneys in, or transfer of moneys from,	90636
the fund shall be made if the effect of the investment or transfer	90637
would be to adversely affect the exclusion from gross income of	90638
the interest payable on state bonds issued for state adult or	90639
juvenile correctional facilities that have been sold under	90640
authority of Section 753.10 or 753.30 of the act in which this	90641
section was enacted. To the extent necessary to maintain the	90642
exclusion from gross income of the interest payable on those	90643
bonds, moneys in the fund shall first be used to redeem or defease	90644
the outstanding portion of such bonds. To accomplish the	90645
redemption or defeasance, the director of budget and management,	90646
at the request of the Ohio building authority, may direct that	90647
moneys in the fund be transferred to the appropriate trustees	90648
under the applicable bond trust agreements. Upon receipt of both	90649
(i) one or more opinions of a nationally recognized bond counsel	90650
firm appointed by the Ohio building authority stating that the	90651
aforementioned bonds have been redeemed or defeased and that the	90652
transfer of such moneys will not adversely affect the exclusion	90653
from gross income of the interest payable on such bonds, and (ii)	90654
a certification by both the director of administrative services	90655
and the director of rehabilitation and correction stating either	90656
that all sales of state adult and juvenile correctional facilities	90657
contemplated by Section 753.10 or 753.30 of the act in which this	90658
section was enacted have been completed or that no further sales	90659
of any such facilities will be undertaken, the director of budget	90660
and management may direct that any moneys remaining in the fund	90661
after the redemption or defeasance of the aforementioned bonds	90662
shall be transferred to the general revenue fund. Upon completion	90663
of that transfer, the adult and juvenile correctional facilities	90664
bond retirement fund shall be abolished.	90665

Sec. 5120.135. (A) As used in this section, "laboratory	90666
services" includes the performance of medical laboratory analysis;	90667
professional laboratory and pathologist consultation; the	90668
procurement, storage, and distribution of laboratory supplies; and	90669
the performance of phlebotomy services.	90670

(B) The department of rehabilitation and correction ~~shall~~may	90671
provide laboratory services to the departments of mental health,	90672
developmental disabilities, youth services, and rehabilitation and	90673
correction. The department of rehabilitation and correction may	90674
also provide laboratory services to other state, county, or	90675
municipal agencies and to private persons that request laboratory	90676
services if the department of rehabilitation and correction	90677
determines that the provision of laboratory services is in the	90678
public interest and considers it advisable to provide such	90679
services. The department of rehabilitation and correction may also	90680
provide laboratory services to agencies operated by the United	90681
States government and to public and private entities funded in	90682
whole or in part by the state if the director of rehabilitation	90683
and correction designates them as eligible to receive such	90684
services.	90685

The department of rehabilitation and correction shall provide	90686
laboratory services from a laboratory that complies with the	90687
standards for certification set by the United States department of	90688
health and human services under the "Clinical Laboratory	90689
Improvement Amendments of 1988," 102 Stat. 293, 42 U.S.C.A. 263a.	90690
In addition, the laboratory shall maintain accreditation or	90691
certification with an appropriate accrediting or certifying	90692
organization as considered necessary by the recipients of its	90693
laboratory services and as authorized by the director of	90694
rehabilitation and correction.	90695

(C) The cost of administering this section shall be	90696
determined by the department of rehabilitation and correction and	90697
shall be paid by entities that receive laboratory services to the	90698
department for deposit in the state treasury to the credit of the	90699
laboratory services fund, which is hereby created. The fund shall	90700
be used to pay the costs the department incurs in administering	90701
this section.	90702

(D) ~~If the department of rehabilitation and correction does~~	90703
~~not provide laboratory services under this section in a~~	90704
~~satisfactory manner to the department of developmental~~	90705
~~disabilities, youth services, or mental health, the director of~~	90706
~~developmental disabilities, youth services, or mental health shall~~	90707
~~attempt to resolve the matter of the unsatisfactory provision of~~	90708
~~services with the director of rehabilitation and correction. If,~~	90709
~~after this attempt, the provision of laboratory services continues~~	90710
~~to be unsatisfactory, the director of developmental disabilities,~~	90711
~~youth services, or mental health shall notify the director of~~	90712
~~rehabilitation and correction regarding the continued~~	90713
~~unsatisfactory provision of laboratory services. If, within thirty~~	90714
~~days after the director receives this notice, the department of~~	90715
~~rehabilitation and correction does not provide the specified~~	90716
~~laboratory services in a satisfactory manner, the director of~~	90717
~~developmental disabilities, youth services, or mental health shall~~	90718
~~notify the director of rehabilitation and correction of the~~	90719
~~notifying director's intent to cease obtaining laboratory services~~	90720
~~from the department of rehabilitation and correction. Following~~	90721
~~the end of a cancellation period of sixty days that begins on the~~	90722
~~date of the notice, the department that sent the notice may obtain~~	90723
~~laboratory services from a provider other than the department of~~	90724
~~rehabilitation and correction, if the department that sent the~~	90725
~~notice certifies to the department of administrative services that~~	90726
~~the requirements of this division have been met.~~	90727

~~(E)~~ Whenever a state agency fails to make a payment for	90728
laboratory services provided to it by the department of	90729
rehabilitation and correction under this section within thirty-one	90730
days after the date the payment was due, the office of budget and	90731
management may transfer moneys from that state agency to the	90732
department of rehabilitation and correction for deposit to the	90733
credit of the laboratory services fund. The amount transferred	90734
shall not exceed the amount of the overdue payments. Prior to	90735
making a transfer under this division, the office shall apply any	90736
credits the state agency has accumulated in payment for laboratory	90737
services provided under this section.	90738

Sec. 5120.17. (A) As used in this section:

90739

(1) "Mental illness" means a substantial disorder of thought,	90740
mood, perception, orientation, or memory that grossly impairs	90741
judgment, behavior, capacity to recognize reality, or ability to	90742
meet the ordinary demands of life.	90743

(2) "Mentally ill person subject to hospitalization" means a	90744
mentally ill person to whom any of the following applies because	90745
of the person's mental illness:	90746

(a) The person represents a substantial risk of physical harm	90747
to the person as manifested by evidence of threats of, or attempts	90748
at, suicide or serious self-inflicted bodily harm.	90749

(b) The person represents a substantial risk of physical harm	90750
to others as manifested by evidence of recent homicidal or other	90751
violent behavior, evidence of recent threats that place another in	90752
reasonable fear of violent behavior and serious physical harm, or	90753
other evidence of present dangerousness.	90754

(c) The person represents a substantial and immediate risk of	90755
serious physical impairment or injury to the person as manifested	90756
by evidence that the person is unable to provide for and is not	90757
providing for the person's basic physical needs because of the	90758
person's mental illness and that appropriate provision for those	90759
needs cannot be made immediately available in the correctional	90760
institution in which the inmate is currently housed.	90761

(d) The person would benefit from treatment in a hospital for	90762
the person's mental illness and is in need of treatment in a	90763
hospital as manifested by evidence of behavior that creates a	90764
grave and imminent risk to substantial rights of others or the	90765
person.	90766

(3) "Psychiatric hospital" means all or part of a facility	90767
that is operated and managed by the department of ~~rehabilitation~~	90768
~~and correction, is designated as a psychiatric hospital~~mental	90769
health to provide psychiatric hospitalization services in	90770
accordance with the requirements of this section pursuant to an	90771
agreement between the directors of rehabilitation and correction	90772
and mental health or, is licensed by the department of mental	90773
health pursuant to section 5119.20 of the Revised Code,as a	90774
psychiatric hospital and is ~~in substantial compliance with the~~	90775
~~standards set by the joint commission on accreditation of~~	90776
~~healthcare organizations~~accredited by a healthcare accrediting	90777
organization approved by the department of mental health and the	90778
psychiatric hospital is any of the following:	90779

(a) Operated and managed by the department of rehabilitation	90780
and correction within a facility that is operated by the	90781
department of rehabilitation and correction;	90782

(b) Operated and managed by a contractor for the department	90783
of rehabilitation and correction within a facility that is	90784
operated by the department of rehabilitation and correction;	90785

(c) Operated and managed in the community by an entity that	90786
has contracted with the department of rehabilitation and	90787
correction to provide psychiatric hospitalization services in	90788
accordance with the requirements of this section.	90789

(4) "Inmate patient" means an inmate who is admitted to a	90790
psychiatric hospital.	90791

(5) "Admitted" to a psychiatric hospital means being accepted	90792
for and staying at least one night at the psychiatric hospital.	90793

(6) "Treatment plan" means a written statement of reasonable	90794
objectives and goals for an inmate patient that is based on the	90795
needs of the inmate patient and that is established by the	90796
treatment team, with the active participation of the inmate	90797
patient and with documentation of that participation. "Treatment	90798
plan" includes all of the following:	90799

(a) The specific criteria to be used in evaluating progress	90800
toward achieving the objectives and goals;	90801

(b) The services to be provided to the inmate patient during	90802
the inmate patient's hospitalization;	90803

(c) The services to be provided to the inmate patient after	90804
discharge from the hospital, including, but not limited to,	90805
housing and mental health services provided at the state	90806
correctional institution to which the inmate patient returns after	90807
discharge or community mental health services.	90808

(7) "Mentally retarded person subject to institutionalization	90809
by court order" has the same meaning as in section 5123.01 of the	90810
Revised Code.	90811

(8) "Emergency transfer" means the transfer of a mentally ill	90812
inmate to a psychiatric hospital when the inmate presents an	90813
immediate danger to self or others and requires hospital-level	90814
care.	90815

(9) "Uncontested transfer" means the transfer of a mentally	90816
ill inmate to a psychiatric hospital when the inmate has the	90817
mental capacity to, and has waived, the hearing required by	90818
division (B) of this section.	90819

(10)(a) "Independent decision-maker" means a person who is	90820
employed or retained by the department of rehabilitation and	90821
correction and is appointed by the chief or chief clinical officer	90822
of mental health services as a hospitalization hearing officer to	90823
conduct due process hearings.	90824

(b) An independent decision-maker who presides over any	90825
hearing or issues any order pursuant to this section shall be a	90826
psychiatrist, psychologist, or attorney, shall not be specifically	90827
associated with the institution in which the inmate who is the	90828
subject of the hearing or order resides at the time of the hearing	90829
or order, and previously shall not have had any treatment	90830
relationship with nor have represented in any legal proceeding the	90831
inmate who is the subject of the order.	90832

(B)(1) Except as provided in division (C) of this section, if	90833
the warden of a state correctional institution or the warden's	90834
designee believes that an inmate should be transferred from the	90835
institution to a psychiatric hospital, the department shall hold a	90836
hearing to determine whether the inmate is a mentally ill person	90837
subject to hospitalization. The department shall conduct the	90838
hearing at the state correctional institution in which the inmate	90839
is confined, and the department shall provide qualified	90840
independent assistance to the inmate for the hearing. An	90841
independent decision-maker provided by the department shall	90842
preside at the hearing and determine whether the inmate is a	90843
mentally ill person subject to hospitalization.	90844

(2) Except as provided in division (C) of this section, prior	90845
to the hearing held pursuant to division (B)(1) of this section,	90846
the warden or the warden's designee shall give written notice to	90847
the inmate that the department is considering transferring the	90848
inmate to a psychiatric hospital, that it will hold a hearing on	90849
the proposed transfer at which the inmate may be present, that at	90850
the hearing the inmate has the rights described in division (B)(3)	90851
of this section, and that the department will provide qualified	90852
independent assistance to the inmate with respect to the hearing.	90853
The department shall not hold the hearing until the inmate has	90854
received written notice of the proposed transfer and has had	90855
sufficient time to consult with the person appointed by the	90856
department to provide assistance to the inmate and to prepare for	90857
a presentation at the hearing.	90858

(3) At the hearing held pursuant to division (B)(1) of this	90859
section, the department shall disclose to the inmate the evidence	90860
that it relies upon for the transfer and shall give the inmate an	90861
opportunity to be heard. Unless the independent decision-maker	90862
finds good cause for not permitting it, the inmate may present	90863
documentary evidence and the testimony of witnesses at the hearing	90864
and may confront and cross-examine witnesses called by the	90865
department.	90866

(4) If the independent decision-maker does not find clear and	90867
convincing evidence that the inmate is a mentally ill person	90868
subject to hospitalization, the department shall not transfer the	90869
inmate to a psychiatric hospital but shall continue to confine the	90870
inmate in the same state correctional institution or in another	90871
state correctional institution that the department considers	90872
appropriate. If the independent decision-maker finds clear and	90873
convincing evidence that the inmate is a mentally ill person	90874
subject to hospitalization, the decision-maker shall order that	90875
the inmate be transported to a psychiatric hospital for	90876
observation and treatment for a period of not longer than thirty	90877
days. After the hearing, the independent decision-maker shall	90878
submit to the department a written decision that states one of the	90879
findings described in division (B)(4) of this section, the	90880
evidence that the decision-maker relied on in reaching that	90881
conclusion, and, if the decision is that the inmate should be	90882
transferred, the reasons for the transfer.	90883

(C)(1) The department may transfer an inmate to a psychiatric	90884
hospital under an emergency transfer order if the chief clinical	90885
officer of mental health services of the department or that	90886
officer's designee and either a psychiatrist employed or retained	90887
by the department or, in the absence of a psychiatrist, a	90888
psychologist employed or retained by the department determines	90889
that the inmate is mentally ill, presents an immediate danger to	90890
self or others, and requires hospital-level care.	90891

(2) The department may transfer an inmate to a psychiatric	90892
hospital under an uncontested transfer order if both of the	90893
following apply:	90894

(a) A psychiatrist employed or retained by the department	90895
determines all of the following apply:	90896

(i) The inmate has a mental illness or is a mentally ill	90897
person subject to hospitalization.	90898

(ii) The inmate requires hospital care to address the mental	90899
illness.	90900

(iii) The inmate has the mental capacity to make a reasoned	90901
choice regarding the inmate's transfer to a hospital.	90902

(b) The inmate agrees to a transfer to a hospital.

90903

(3) The written notice and the hearing required under	90904
divisions (B)(1) and (2) of this section are not required for an	90905
emergency transfer or uncontested transfer under division (C)(1)	90906
or (2) of this section.	90907

(4) After an emergency transfer under division (C)(1) of this	90908
section, the department shall hold a hearing for continued	90909
hospitalization within five working days after admission of the	90910
transferred inmate to the psychiatric hospital. The department	90911
shall hold subsequent hearings pursuant to division (F) of this	90912
section at the same intervals as required for inmate patients who	90913
are transported to a psychiatric hospital under division (B)(4) of	90914
this section.	90915

(5) After an uncontested transfer under division (C)(2) of	90916
this section, the inmate may withdraw consent to the transfer in	90917
writing at any time. Upon the inmate's withdrawal of consent, the	90918
hospital shall discharge the inmate, or, within five working days,	90919
the department shall hold a hearing for continued hospitalization.	90920
The department shall hold subsequent hearings pursuant to division	90921
(F) of this section at the same time intervals as required for	90922
inmate patients who are transported to a psychiatric hospital	90923
under division (B)(4) of this section.	90924

(D)(1) If an independent decision-maker, pursuant to division	90925
(B)(4) of this section, orders an inmate transported to a	90926
psychiatric hospital or if an inmate is transferred pursuant to	90927
division (C)(1) or (2) of this section, the staff of the	90928
psychiatric hospital shall examine the inmate patient when	90929
admitted to the psychiatric hospital as soon as practicable after	90930
the inmate patient arrives at the hospital and no later than	90931
twenty-four hours after the time of arrival. The attending	90932
physician responsible for the inmate patient's care shall give the	90933
inmate patient all information necessary to enable the patient to	90934
give a fully informed, intelligent, and knowing consent to the	90935
treatment the inmate patient will receive in the hospital. The	90936
attending physician shall tell the inmate patient the expected	90937
physical and medical consequences of any proposed treatment and	90938
shall give the inmate patient the opportunity to consult with	90939
another psychiatrist at the hospital and with the inmate advisor.	90940

(2) No inmate patient who is transported or transferred	90941
pursuant to division (B)(4) or (C)(1) or (2) of this section to a	90942
psychiatric hospital ~~pursuant to division (B)(4) or (C)(1) or (2)~~	90943
~~of this section and who is in the physical custody of~~within a	90944
facility that is operated by the department of rehabilitation and	90945
correction shall be subjected to any of the following procedures:	90946

(a) Convulsive therapy;

90947

(b) Major aversive interventions;

90948

90949

(d) Psychosurgery.

90950

(E) The ~~warden of the psychiatric hospital or the warden's~~	90951
~~designee~~department of rehabilitation and correction shall ensure	90952
that an inmate patient hospitalized pursuant to this section	90953
receives or has all of the following:	90954

(1) Receives sufficient professional care within twenty days	90955
of admission to ensure that an evaluation of the inmate patient's	90956
current status, differential diagnosis, probable prognosis, and	90957
description of the current treatment plan have been formulated and	90958
are stated on the inmate patient's official chart;	90959

(2) Has a written treatment plan consistent with the	90960
evaluation, diagnosis, prognosis, and goals of treatment;	90961

(3) Receives treatment consistent with the treatment plan;

90962

(4) Receives periodic reevaluations of the treatment plan by	90963
the professional staff at intervals not to exceed thirty days;	90964

(5) Is provided with adequate medical treatment for physical	90965
disease or injury;	90966

(6) Receives humane care and treatment, including, without	90967
being limited to, the following:	90968

(a) Access to the facilities and personnel required by the	90969
treatment plan;	90970

(b) A humane psychological and physical environment;

90971

(c) The right to obtain current information concerning the	90972
treatment program, the expected outcomes of treatment, and the	90973
expectations for the inmate patient's participation in the	90974
treatment program in terms that the inmate patient reasonably can	90975
understand;	90976

(d) Opportunity for participation in programs designed to	90977
help the inmate patient acquire the skills needed to work toward	90978
discharge from the psychiatric hospital;	90979

(e) The right to be free from unnecessary or excessive	90980
medication and from unnecessary restraints or isolation;	90981

(f) All other rights afforded inmates in the custody of the	90982
department consistent with rules, policy, and procedure of the	90983
department.	90984

(F) The department shall hold a hearing for the continued	90985
hospitalization of an inmate patient who is transported or	90986
transferred to a psychiatric hospital pursuant to division (B)(4)	90987
or (C)(1) of this section prior to the expiration of the initial	90988
thirty-day period of hospitalization. The department shall hold	90989
any subsequent hearings, if necessary, not later than ninety days	90990
after the first thirty-day hearing and then not later than each	90991
one hundred and eighty days after the immediately prior hearing.	90992
An independent decision-maker shall conduct the hearings at the	90993
psychiatric hospital in which the inmate patient is confined. The	90994
inmate patient shall be afforded all of the rights set forth in	90995
this section for the hearing prior to transfer to the psychiatric	90996
hospital. The department may not waive a hearing for continued	90997
commitment. A hearing for continued commitment is mandatory for an	90998
inmate patient transported or transferred to a psychiatric	90999
hospital pursuant to division (B)(4) or (C)(1) of this section	91000
unless the inmate patient has the capacity to make a reasoned	91001
choice to execute a waiver and waives the hearing in writing. An	91002
inmate patient who is transferred to a psychiatric hospital	91003
pursuant to an uncontested transfer under division (C)(2) of this	91004
section and who has scheduled hearings after withdrawal of consent	91005
for hospitalization may waive any of the scheduled hearings if the	91006
inmate has the capacity to make a reasoned choice and executes a	91007
written waiver of the hearing.	91008

If upon completion of the hearing the independent	91009
decision-maker does not find by clear and convincing evidence that	91010
the inmate patient is a mentally ill person subject to	91011
hospitalization, the independent decision-maker shall order the	91012
inmate patient's discharge from the psychiatric hospital. If the	91013
independent decision-maker finds by clear and convincing evidence	91014
that the inmate patient is a mentally ill person subject to	91015
hospitalization, the independent decision-maker shall order that	91016
the inmate patient remain at the psychiatric hospital for	91017
continued hospitalization until the next required hearing.	91018

If at any time prior to the next required hearing for	91019
continued hospitalization, the medical director of the hospital or	91020
the attending physician determines that the treatment needs of the	91021
inmate patient could be met equally well in an available and	91022
appropriate less restrictive state correctional institution or	91023
unit, the medical director or attending physician may discharge	91024
the inmate to that facility.	91025

(G) An inmate patient is entitled to the credits toward the	91026
reduction of the inmate patient's stated prison term pursuant to	91027
Chapters 2967. and 5120. of the Revised Code under the same terms	91028
and conditions as if the inmate patient were in any other	91029
institution of the department of rehabilitation and correction.	91030

(H) The adult parole authority may place an inmate patient on	91031
parole or under post-release control directly from a psychiatric	91032
hospital.	91033

(I) If an inmate patient who is a mentally ill person subject	91034
to hospitalization is to be released from a psychiatric hospital	91035
because of the expiration of the inmate patient's stated prison	91036
term, the ~~warden of the psychiatric hospital~~director of	91037
rehabilitation and correction or the director's designee, at least	91038
fourteen days before the expiration date, may file an affidavit	91039
under section 5122.11 or 5123.71 of the Revised Code with the	91040
probate court in the county where the psychiatric hospital is	91041
located or the probate court in the county where the inmate will	91042
reside, alleging that the inmate patient is a mentally ill person	91043
subject to hospitalization by court order or a mentally retarded	91044
person subject to institutionalization by court order, whichever	91045
is applicable. The proceedings in the probate court shall be	91046
conducted pursuant to Chapter 5122. or 5123. of the Revised Code	91047
except as modified by this division.	91048

Upon the request of the inmate patient, the probate court	91049
shall grant the inmate patient an initial hearing under section	91050
5122.141 of the Revised Code or a probable cause hearing under	91051
section 5123.75 of the Revised Code before the expiration of the	91052
stated prison term. After holding a full hearing, the probate	91053
court shall make a disposition authorized by section 5122.15 or	91054
5123.76 of the Revised Code before the date of the expiration of	91055
the stated prison term. No inmate patient shall be held in the	91056
custody of the department of rehabilitation and correction past	91057
the date of the expiration of the inmate patient's stated prison	91058
term.	91059

(J) The department of rehabilitation and correction shall set	91060
standards for treatment provided to inmate patients~~, consistent~~	91061
~~where applicable with the standards set by the joint commission on~~	91062
~~accreditation of healthcare organizations~~.	91063

(K) A certificate, application, record, or report that is	91064
made in compliance with this section and that directly or	91065
indirectly identifies an inmate or former inmate whose	91066
hospitalization has been sought under this section is	91067
confidential. No person shall disclose the contents of any	91068
certificate, application, record, or report of that nature or any	91069
other psychiatric or medical record or report regarding a mentally	91070
ill inmate unless one of the following applies:	91071

(1) The person identified, or the person's legal guardian, if	91072
any, consents to disclosure, and the chief clinical officer or	91073
designee of mental health services of the department of	91074
rehabilitation and correction determines that disclosure is in the	91075
best interests of the person.	91076

(2) Disclosure is required by a court order signed by a	91077
judge.	91078

(3) An inmate patient seeks access to the inmate patient's	91079
own psychiatric and medical records, unless access is specifically	91080
restricted in the treatment plan for clear treatment reasons.	91081

(4) Hospitals and other institutions and facilities within	91082
the department of rehabilitation and correction may exchange	91083
psychiatric records and other pertinent information with other	91084
hospitals, institutions, and facilities of the department, but the	91085
information that may be released about an inmate patient is	91086
limited to medication history, physical health status and history,	91087
summary of course of treatment in the hospital, summary of	91088
treatment needs, and a discharge summary, if any.	91089

(5) An inmate patient's family member who is involved in	91090
planning, providing, and monitoring services to the inmate patient	91091
may receive medication information, a summary of the inmate	91092
patient's diagnosis and prognosis, and a list of the services and	91093
personnel available to assist the inmate patient and family if the	91094
attending physician determines that disclosure would be in the	91095
best interest of the inmate patient. No disclosure shall be made	91096
under this division unless the inmate patient is notified of the	91097
possible disclosure, receives the information to be disclosed, and	91098
does not object to the disclosure.	91099

(6) The department of rehabilitation and correction may	91100
exchange psychiatric hospitalization records, other mental health	91101
treatment records, and other pertinent information with county	91102
sheriffs' offices, hospitals, institutions, and facilities of the	91103
department of mental health and with community mental health	91104
agencies and boards of alcohol, drug addiction, and mental health	91105
services with which the department of mental health has a current	91106
agreement for patient care or services to ensure continuity of	91107
care. Disclosure under this division is limited to records	91108
regarding a mentally ill inmate's medication history, physical	91109
health status and history, summary of course of treatment, summary	91110
of treatment needs, and a discharge summary, if any. No office,	91111
department, agency, or board shall disclose the records and other	91112
information unless one of the following applies:	91113

(a) The mentally ill inmate is notified of the possible	91114
disclosure and consents to the disclosure.	91115

(b) The mentally ill inmate is notified of the possible	91116
disclosure, an attempt to gain the consent of the inmate is made,	91117
and the office, department, agency, or board documents the attempt	91118
to gain consent, the inmate's objections, if any, and the reasons	91119
for disclosure in spite of the inmate's objections.	91120

(7) Information may be disclosed to staff members designated	91121
by the director of rehabilitation and correction for the purpose	91122
of evaluating the quality, effectiveness, and efficiency of	91123
services and determining if the services meet minimum standards.	91124

The name of an inmate patient shall not be retained with the	91125
information obtained during the evaluations.	91126

(L) The director of rehabilitation and correction may adopt	91127
rules setting forth guidelines for the procedures required under	91128
divisions (B), (C)(1), and (C)(2) of this section.	91129

Sec. 5120.28. (A) The department of rehabilitation and	91130
correction, subject to the approval of the office of budget and	91131
management, shall fix the prices at which all labor and services	91132
performed, all agricultural products produced, and all articles	91133
manufactured in correctional and penal institutions shall be	91134
furnished to the state, the political subdivisions of the state,	91135
and the public institutions of the state and the political	91136
subdivisions, and to private persons. The prices shall be uniform	91137
to all and not higher than the usual market price for like labor,	91138
products, services, and articles.	91139

(B) Any money received by the department of rehabilitation	91140
and correction for labor and services performed ~~and~~, agricultural	91141
products produced, and articles manufactured in penal and	91142
correctional institutions shall be deposited into the	91143
institutional services ~~and agricultural~~ fund created pursuant to	91144
division (A) of section 5120.29 of the Revised Code and shall be	91145
used and accounted for as provided in that section and division	91146
(B) of section 5145.03 of the Revised Code.	91147

~~(C) Any money received by the department of rehabilitation~~	91148
~~and correction for articles manufactured in penal and correctional~~	91149
~~institutions shall be deposited into the Ohio penal industries~~	91150
~~manufacturing fund created pursuant to division (B) of section~~	91151
~~5120.29 of the Revised Code and shall be used and accounted for as~~	91152
~~provided in that section and division (B) of section 5145.03 of~~	91153
~~the Revised Code.~~	91154

Sec. 5120.29. (A) There is hereby created, in the state	91155
treasury, the institutional services ~~and agricultural~~ fund, which	91156
shall be used for the:	91157

(1) Purchase of material, supplies, and equipment and the	91158
erection and extension of buildings used in ~~service industries and~~	91159
~~agriculture~~services provided between institutions of the	91160
department of rehabilitation and correction;	91161

(2) ~~Purchase of lands and buildings necessary to carry on or~~	91162
~~extend the service industries and agriculture, upon the approval~~	91163
~~of the governor;~~	91164

~~(3)~~ Payment of compensation to employees necessary to carry	91165
on ~~the service industries and agriculture~~institutional services;	91166

~~(4)~~(3) Payment of prisoners confined in state correctional	91167
institutions a portion of their earnings in accordance with rules	91168
adopted pursuant to section 5145.03 of the Revised Code.	91169

(B) There is hereby created, in the state treasury, the Ohio	91170
penal industries manufacturing fund, which shall be used for the:	91171

(1) Purchase of material, supplies, and equipment and the	91172
erection and extension of buildings used in manufacturing	91173
industries and agriculture;	91174

(2) Purchase of lands and buildings necessary to carry on or	91175
extend the manufacturing industries and agriculture upon the	91176
approval of the governor;	91177

(3) Payment of compensation to employees necessary to carry	91178
on the manufacturing industries and agriculture;	91179

(4) Payment of prisoners confined in state correctional	91180
institutions a portion of their earnings in accordance with rules	91181
adopted pursuant to section 5145.03 of the Revised Code.	91182

(C) The department of rehabilitation and correction shall, in	91183
accordance with rules adopted pursuant to section 5145.03 of the	91184
Revised Code and subject to any pledge made as provided in	91185
division (D) of this section, place to the credit of each prisoner	91186
~~his~~the prisoner's earnings and pay the earnings so credited to	91187
the prisoner or ~~his~~the prisoner's family.	91188

(D) Receipts credited to the funds created in divisions (A)	91189
and (B) of this section constitute available receipts as defined	91190
in section 152.09 of the Revised Code, and may be pledged to the	91191
payment of bond service charges on obligations issued by the Ohio	91192
building authority pursuant to Chapter 152. of the Revised Code to	91193
construct, reconstruct, or otherwise improve capital facilities	91194
useful to the department. The authority may, with the consent of	91195
the department, provide in the bond proceedings for a pledge of	91196
all or such portion of receipts credited to the funds as the	91197
authority determines. The authority may provide in the bond	91198
proceedings for the transfer of receipts credited to the funds to	91199
the appropriate bond service fund or bond service reserve fund as	91200
required to pay the bond service charges when due, and any such	91201
provision for the transfer of receipts shall be controlling	91202
notwithstanding any other provision of law pertaining to such	91203
receipts.	91204

All receipts received by the treasurer of state on account of	91205
the department and required by the applicable bond proceedings to	91206
be deposited, transferred, or credited to the bond service fund or	91207
bond service reserve fund established by such bond proceedings	91208
shall be transferred by the treasurer of state to such fund,	91209
whether or not such fund is in the custody of the treasurer of	91210
state, without necessity for further appropriation, upon receipt	91211
of notice from the Ohio building authority as prescribed in the	91212
bond proceedings. The authority may covenant in the bond	91213
proceedings that so long as any obligations are outstanding to	91214
which receipts credited to the fund are pledged, the state and the	91215
department shall neither reduce the prices charged pursuant to	91216
section 5120.28 of the Revised Code nor the level of manpower	91217
collectively devoted to the production of goods and services for	91218
which prices are set pursuant to section 5120.28 of the Revised	91219
Code, which covenant shall be controlling notwithstanding any	91220
other provision of law; provided, that no covenant shall require	91221
the general assembly to appropriate money derived from the levying	91222
of excises or taxes to purchase such goods and services or to pay	91223
rent or bond service charges.	91224

Sec. 5122.01. As used in this chapter and Chapter 5119. of	91225
the Revised Code:	91226

(A) "Mental illness" means a substantial disorder of thought,	91227
mood, perception, orientation, or memory that grossly impairs	91228
judgment, behavior, capacity to recognize reality, or ability to	91229
meet the ordinary demands of life.	91230

(B) "Mentally ill person subject to hospitalization by court	91231
order" means a mentally ill person who, because of the person's	91232
illness:	91233

(1) Represents a substantial risk of physical harm to self as	91234
manifested by evidence of threats of, or attempts at, suicide or	91235
serious self-inflicted bodily harm;	91236

(2) Represents a substantial risk of physical harm to others	91237
as manifested by evidence of recent homicidal or other violent	91238
behavior, evidence of recent threats that place another in	91239
reasonable fear of violent behavior and serious physical harm, or	91240
other evidence of present dangerousness;	91241

(3) Represents a substantial and immediate risk of serious	91242
physical impairment or injury to self as manifested by evidence	91243
that the person is unable to provide for and is not providing for	91244
the person's basic physical needs because of the person's mental	91245
illness and that appropriate provision for those needs cannot be	91246
made immediately available in the community; or	91247

(4) Would benefit from treatment in a hospital for the	91248
person's mental illness and is in need of such treatment as	91249
manifested by evidence of behavior that creates a grave and	91250
imminent risk to substantial rights of others or the person.	91251

(C)(1) "Patient" means, subject to division (C)(2) of this	91252
section, a person who is admitted either voluntarily or	91253
involuntarily to a hospital or other place under section 2945.39,	91254
2945.40, 2945.401, or 2945.402 of the Revised Code subsequent to a	91255
finding of not guilty by reason of insanity or incompetence to	91256
stand trial or under this chapter, who is under observation or	91257
receiving treatment in such place.	91258

(2) "Patient" does not include a person admitted to a	91259
hospital or other place under section 2945.39, 2945.40, 2945.401,	91260
or 2945.402 of the Revised Code to the extent that the reference	91261
in this chapter to patient, or the context in which the reference	91262
occurs, is in conflict with any provision of sections 2945.37 to	91263
2945.402 of the Revised Code.	91264

(D) "Licensed physician" means a person licensed under the	91265
laws of this state to practice medicine or a medical officer of	91266
the government of the United States while in this state in the	91267
performance of the person's official duties.	91268

(E) "Psychiatrist" means a licensed physician who has	91269
satisfactorily completed a residency training program in	91270
psychiatry, as approved by the residency review committee of the	91271
American medical association, the committee on post-graduate	91272
education of the American osteopathic association, or the American	91273
osteopathic board of neurology and psychiatry, or who on July 1,	91274
1989, has been recognized as a psychiatrist by the Ohio state	91275
medical association or the Ohio osteopathic association on the	91276
basis of formal training and five or more years of medical	91277
practice limited to psychiatry.	91278

(F) "Hospital" means a hospital or inpatient unit licensed by	91279
the department of mental health under section 5119.20 of the	91280
Revised Code, and any institution, hospital, or other place	91281
established, controlled, or supervised by the department under	91282
Chapter 5119. of the Revised Code.	91283

(G) "Public hospital" means a facility that is tax-supported	91284
and under the jurisdiction of the department of mental health.	91285

(H) "Community mental health agency" means ~~any~~an agency,	91286
~~program, or facility with which a board of alcohol, drug~~	91287
~~addiction, and mental health services contracts to provide the~~	91288
that provides community mental health services ~~listed in~~that are	91289
certified by the director of mental health under section ~~340.09~~	91290
5119.611 of the Revised Code.	91291

(I) "Licensed clinical psychologist" means a person who holds	91292
a current valid psychologist license issued under section 4732.12	91293
or 4732.15 of the Revised Code, and in addition, meets either of	91294
the following criteria:	91295

(1) Meets the educational requirements set forth in division	91296
(B) of section 4732.10 of the Revised Code and has a minimum of	91297
two years' full-time professional experience, or the equivalent as	91298
determined by rule of the state board of psychology, at least one	91299
year of which shall be a predoctoral internship, in clinical	91300
psychological work in a public or private hospital or clinic or in	91301
private practice, diagnosing and treating problems of mental	91302
illness or mental retardation under the supervision of a	91303
psychologist who is licensed or who holds a diploma issued by the	91304
American board of professional psychology, or whose qualifications	91305
are substantially similar to those required for licensure by the	91306
state board of psychology when the supervision has occurred prior	91307
to enactment of laws governing the practice of psychology;	91308

(2) Meets the educational requirements set forth in division	91309
(B) of section 4732.15 of the Revised Code and has a minimum of	91310
four years' full-time professional experience, or the equivalent	91311
as determined by rule of the state board of psychology, in	91312
clinical psychological work in a public or private hospital or	91313
clinic or in private practice, diagnosing and treating problems of	91314
mental illness or mental retardation under supervision, as set	91315
forth in division (I)(1) of this section.	91316

(J) "Health officer" means any public health physician;	91317
public health nurse; or other person authorized by or designated	91318
by a city health district; a general health district; or a board	91319
of alcohol, drug addiction, and mental health services to perform	91320
the duties of a health officer under this chapter.	91321

(K) "Chief clinical officer" means the medical director of a	91322
hospital, or a community mental health agency, or a board of	91323
alcohol, drug addiction, and mental health services, or, if there	91324
is no medical director, the licensed physician responsible for the	91325
treatment a hospital or community mental health agency provides.	91326
The chief clinical officer may delegate to the attending physician	91327
responsible for a patient's care the duties imposed on the chief	91328
clinical officer by this chapter. Within a community mental health	91329
agency, the chief clinical officer shall be designated by the	91330
governing body of the agency and shall be a licensed physician or	91331
licensed clinical psychologist who supervises diagnostic and	91332
treatment services. A licensed physician or licensed clinical	91333
psychologist designated by the chief clinical officer may perform	91334
the duties and accept the responsibilities of the chief clinical	91335
officer in the chief clinical officer's absence.	91336

(L) "Working day" or "court day" means Monday, Tuesday,	91337
Wednesday, Thursday, and Friday, except when such day is a	91338
holiday.	91339

(M) "Indigent" means unable without deprivation of	91340
satisfaction of basic needs to provide for the payment of an	91341
attorney and other necessary expenses of legal representation,	91342
including expert testimony.	91343

(N) "Respondent" means the person whose detention,	91344
commitment, hospitalization, continued hospitalization or	91345
commitment, or discharge is being sought in any proceeding under	91346
this chapter.	91347

(O) ~~"Legal rights service" means the service established~~	91348
~~under~~"Ohio protection and advocacy system" has the same meaning	91349
as in section 5123.60 of the Revised Code.	91350

(P) "Independent expert evaluation" means an evaluation	91351
conducted by a licensed clinical psychologist, psychiatrist, or	91352
licensed physician who has been selected by the respondent or the	91353
respondent's counsel and who consents to conducting the	91354
evaluation.	91355

(Q) "Court" means the probate division of the court of common	91356
pleas.	91357

(R) "Expunge" means:

91358

(1) The removal and destruction of court files and records,	91359
originals and copies, and the deletion of all index references;	91360

(2) The reporting to the person of the nature and extent of	91361
any information about the person transmitted to any other person	91362
by the court;	91363

(3) Otherwise insuring that any examination of court files	91364
and records in question shall show no record whatever with respect	91365
to the person;	91366

(4) That all rights and privileges are restored, and that the	91367
person, the court, and any other person may properly reply that no	91368
such record exists, as to any matter expunged.	91369

(S) "Residence" means a person's physical presence in a	91370
county with intent to remain there, except that:	91371

(1) If a person is receiving a mental health service at a	91372
facility that includes nighttime sleeping accommodations,	91373
residence means that county in which the person maintained the	91374
person's primary place of residence at the time the person entered	91375
the facility;	91376

(2) If a person is committed pursuant to section 2945.38,	91377
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code,	91378
residence means the county where the criminal charges were filed.	91379

When the residence of a person is disputed, the matter of	91380
residence shall be referred to the department of mental health for	91381
investigation and determination. Residence shall not be a basis	91382
for a board's denying services to any person present in the	91383
board's service district, and the board shall provide services for	91384
a person whose residence is in dispute while residence is being	91385
determined and for a person in an emergency situation.	91386

(T) "Admission" to a hospital or other place means that a	91387
patient is accepted for and stays at least one night at the	91388
hospital or other place.	91389

(U) "Prosecutor" means the prosecuting attorney, village	91390
solicitor, city director of law, or similar chief legal officer	91391
who prosecuted a criminal case in which a person was found not	91392
guilty by reason of insanity, who would have had the authority to	91393
prosecute a criminal case against a person if the person had not	91394
been found incompetent to stand trial, or who prosecuted a case in	91395
which a person was found guilty.	91396

(V) "Treatment plan" means a written statement of reasonable	91397
objectives and goals for an individual established by the	91398
treatment team, with specific criteria to evaluate progress	91399
towards achieving those objectives. The active participation of	91400
the patient in establishing the objectives and goals shall be	91401
documented. The treatment plan shall be based on patient needs and	91402
include services to be provided to the patient while the patient	91403
is hospitalized and after the patient is discharged. The treatment	91404
plan shall address services to be provided upon discharge,	91405
including but not limited to housing, financial, and vocational	91406
services.	91407

(W) "Community control sanction" has the same meaning as in	91408
section 2929.01 of the Revised Code.	91409

(X) "Post-release control sanction" has the same meaning as	91410
in section 2967.01 of the Revised Code.	91411

Sec. 5122.02. (A) Except as provided in division (D) of this	91412
section, any person who is eighteen years of age or older and who	91413
is, appears to be, or believes self to be mentally ill may make	91414
written application for voluntary admission to the chief medical	91415
officer of a hospital.	91416

(B) Except as provided in division (D) of this section, the	91417
application also may be made on behalf of a minor by a parent, a	91418
guardian of the person, or the person with custody of the minor,	91419
and on behalf of an adult incompetent person by the guardian or	91420
the person with custody of the incompetent person.	91421

Any person whose admission is applied for under division (A)	91422
or (B) of this section may be admitted for observation, diagnosis,	91423
care, or treatment, in any hospital unless the chief clinical	91424
officer finds that hospitalization is inappropriate, and except	91425
that, in the case of a public hospital, no person shall be	91426
admitted without the authorization of the board of the person's	91427
county of residence.	91428

(C) If a minor or person adjudicated incompetent due to	91429
mental illness whose voluntary admission is applied for under	91430
division (B) of this section is admitted, the court shall	91431
determine, upon petition by ~~the legal rights service,~~ private or	91432
otherwise appointed counsel, a relative, or one acting as next	91433
friend, whether the admission or continued hospitalization is in	91434
the best interest of the minor or incompetent.	91435

The chief clinical officer shall discharge any voluntary	91436
patient who has recovered or whose hospitalization the officer	91437
determines to be no longer advisable and may discharge any	91438
voluntary patient who refuses to accept treatment consistent with	91439
the written treatment plan required by section 5122.27 of the	91440
Revised Code.	91441

(D) A person who is found incompetent to stand trial or not	91442
guilty by reason of insanity and who is committed pursuant to	91443
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	91444
Code shall not voluntarily admit ~~himself or herself~~the person or	91445
be voluntarily admitted to a hospital pursuant to this section	91446
until after the final termination of the commitment, as described	91447
in division (J) of section 2945.401 of the Revised Code.	91448

Sec. 5122.15. (A) Full hearings shall be conducted in a	91449
manner consistent with this chapter and with due process of law.	91450
The hearings shall be conducted by a judge of the probate court or	91451
a referee designated by a judge of the probate court and may be	91452
conducted in or out of the county in which the respondent is held.	91453
Any referee designated under this division shall be an attorney.	91454

(1) With the consent of the respondent, the following shall	91455
be made available to counsel for the respondent:	91456

(a) All relevant documents, information, and evidence in the	91457
custody or control of the state or prosecutor;	91458

(b) All relevant documents, information, and evidence in the	91459
custody or control of the hospital in which the respondent	91460
currently is held, or in which the respondent has been held	91461
pursuant to this chapter;	91462

(c) All relevant documents, information, and evidence in the	91463
custody or control of any hospital, facility, or person not	91464
included in division (A)(1)(a) or (b) of this section.	91465

(2) The respondent has the right to attend the hearing and to	91466
be represented by counsel of the respondent's choice. The right to	91467
attend the hearing may be waived only by the respondent or counsel	91468
for the respondent after consultation with the respondent.	91469

(3) If the respondent is not represented by counsel, is	91470
absent from the hearing, and has not validly waived the right to	91471
counsel, the court shall appoint counsel immediately to represent	91472
the respondent at the hearing, reserving the right to tax costs of	91473
appointed counsel to the respondent, unless it is shown that the	91474
respondent is indigent. If the court appoints counsel, or if the	91475
court determines that the evidence relevant to the respondent's	91476
absence does not justify the absence, the court shall continue the	91477
case.	91478

(4) The respondent shall be informed that the respondent may	91479
retain counsel and have independent expert evaluation. If the	91480
respondent is unable to obtain an attorney, the respondent shall	91481
be represented by court-appointed counsel. If the respondent is	91482
indigent, court-appointed counsel and independent expert	91483
evaluation shall be provided as an expense under section 5122.43	91484
of the Revised Code.	91485

(5) The hearing shall be closed to the public, unless counsel	91486
for the respondent, with the permission of the respondent,	91487
requests that the hearing be open to the public.	91488

(6) If the hearing is closed to the public, the court, for	91489
good cause shown, may admit persons who have a legitimate interest	91490
in the proceedings. If the respondent, the respondent's counsel,	91491
the designee of the director or of the chief clinical officer	91492
objects to the admission of any person, the court shall hear the	91493
objection and any opposing argument and shall rule upon the	91494
admission of the person to the hearing.	91495

(7) The affiant under section 5122.11 of the Revised Code	91496
shall be subject to subpoena by either party.	91497

(8) The court shall examine the sufficiency of all documents	91498
filed and shall inform the respondent, if present, and the	91499
respondent's counsel of the nature and content of the documents	91500
and the reason for which the respondent is being detained, or for	91501
which the respondent's placement is being sought.	91502

(9) The court shall receive only reliable, competent, and	91503
material evidence.	91504

(10) Unless proceedings are initiated pursuant to section	91505
5120.17 or 5139.08 of the Revised Code or proceedings are	91506
initiated regarding a resident of the service district of a board	91507
of alcohol, drug addiction, and mental health services that elects	91508
under division ~~(B)(3)(b)~~(C)(2) of section 5119.62 of the Revised	91509
Code not to accept the amount allocated to it under ~~division~~	91510
~~(B)(1) of~~ that section, an attorney that the board designates	91511
shall present the case demonstrating that the respondent is a	91512
mentally ill person subject to hospitalization by court order. The	91513
attorney shall offer evidence of the diagnosis, prognosis, record	91514
of treatment, if any, and less restrictive treatment plans, if	91515
any. In proceedings pursuant to section 5120.17 or 5139.08 of the	91516
Revised Code and in proceedings in which the respondent is a	91517
resident of a service district of a board that elects under	91518
division ~~(B)(3)(b)~~(C)(2) of section 5119.62 of the Revised Code	91519
not to accept the amount allocated to it under ~~division (B)(1) of~~	91520
that section, the attorney general shall designate an attorney who	91521
shall present the case demonstrating that the respondent is a	91522
mentally ill person subject to hospitalization by court order. The	91523
attorney shall offer evidence of the diagnosis, prognosis, record	91524
of treatment, if any, and less restrictive treatment plans, if	91525
any.	91526

(11) The respondent or the respondent's counsel has the right	91527
to subpoena witnesses and documents and to examine and	91528
cross-examine witnesses.	91529

(12) The respondent has the right, but shall not be	91530
compelled, to testify, and shall be so advised by the court.	91531

(13) On motion of the respondent or the respondent's counsel	91532
for good cause shown, or on the court's own motion, the court may	91533
order a continuance of the hearing.	91534

(14) If the respondent is represented by counsel and the	91535
respondent's counsel requests a transcript and record, or if the	91536
respondent is not represented by counsel, the court shall make and	91537
maintain a full transcript and record of the proceeding. If the	91538
respondent is indigent and the transcript and record is made, a	91539
copy shall be provided to the respondent upon request and be	91540
treated as an expense under section 5122.43 of the Revised Code.	91541

(15) To the extent not inconsistent with this chapter, the	91542
Rules of Civil Procedure are applicable.	91543

(B) Unless, upon completion of the hearing the court finds by	91544
clear and convincing evidence that the respondent is a mentally	91545
ill person subject to hospitalization by court order, it shall	91546
order the respondent's discharge immediately.	91547

(C) If, upon completion of the hearing, the court finds by	91548
clear and convincing evidence that the respondent is a mentally	91549
ill person subject to hospitalization by court order, the court	91550
shall order the respondent for a period not to exceed ninety days	91551
to any of the following:	91552

(1) A hospital operated by the department of mental health if	91553
the respondent is committed pursuant to section 5139.08 of the	91554
Revised Code;	91555

(2) A nonpublic hospital;

91556

(3) The veterans' administration or other agency of the	91557
United States government;	91558

(4) A board of alcohol, drug addiction, and mental health	91559
services or agency the board designates;	91560

(5) Receive private psychiatric or psychological care and	91561
treatment;	91562

(6) Any other suitable facility or person consistent with the	91563
diagnosis, prognosis, and treatment needs of the respondent.	91564

(D) Any order made pursuant to division (C)(2), (3), (5), or	91565
(6) of this section shall be conditioned upon the receipt by the	91566
court of consent by the hospital, facility, agency, or person to	91567
accept the respondent.	91568

(E) In determining the place to which, or the person with	91569
whom, the respondent is to be committed, the court shall consider	91570
the diagnosis, prognosis, preferences of the respondent and the	91571
projected treatment plan for the respondent and shall order the	91572
implementation of the least restrictive alternative available and	91573
consistent with treatment goals. If the court determines that the	91574
least restrictive alternative available that is consistent with	91575
treatment goals is inpatient hospitalization, the court's order	91576
shall so state.	91577

(F) During such ninety-day period the hospital; facility;	91578
board of alcohol, drug addiction, and mental health services;	91579
agency the board designates; or person shall examine and treat the	91580
individual. If, at any time prior to the expiration of the	91581
ninety-day period, it is determined by the hospital, facility,	91582
board, agency, or person that the respondent's treatment needs	91583
could be equally well met in an available and appropriate less	91584
restrictive environment, both of the following apply:	91585

(1) The respondent shall be released from the care of the	91586
hospital, agency, facility, or person immediately and shall be	91587
referred to the court together with a report of the findings and	91588
recommendations of the hospital, agency, facility, or person; and	91589

(2) The hospital, agency, facility, or person shall notify	91590
the respondent's counsel or the attorney designated by a board of	91591
alcohol, drug addiction, and mental health services or, if the	91592
respondent was committed to a board or an agency designated by the	91593
board, it shall place the respondent in the least restrictive	91594
environment available consistent with treatment goals and notify	91595
the court and the respondent's counsel of the placement.	91596

The court shall dismiss the case or order placement in the	91597
least restrictive environment.	91598

(G)(1) Except as provided in divisions (G)(2) and (3) of this	91599
section, any person who has been committed under this section, or	91600
for whom proceedings for hospitalization have been commenced	91601
pursuant to section 5122.11 of the Revised Code, may apply at any	91602
time for voluntary admission to the hospital, facility, agency	91603
that the board designates, or person to which the person was	91604
committed. Upon admission as a voluntary patient the chief	91605
clinical officer of the hospital, agency, or other facility, or	91606
the person immediately shall notify the court, the patient's	91607
counsel, and the attorney designated by the board, if the attorney	91608
has entered the proceedings, in writing of that fact, and, upon	91609
receipt of the notice, the court shall dismiss the case.	91610

(2) A person who is found incompetent to stand trial or not	91611
guilty by reason of insanity and who is committed pursuant to	91612
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	91613
Code shall not voluntarily commit the person pursuant to this	91614
section until after the final termination of the commitment, as	91615
described in division (J) of section 2945.401 of the Revised Code.	91616

(H) If, at the end of the first ninety-day period or any	91617
subsequent period of continued commitment, there has been no	91618
disposition of the case, either by discharge or voluntary	91619
admission, the hospital, facility, board, agency, or person shall	91620
discharge the patient immediately, unless at least ten days before	91621
the expiration of the period the attorney the board designates or	91622
the prosecutor files with the court an application for continued	91623
commitment. The application of the attorney or the prosecutor	91624
shall include a written report containing the diagnosis,	91625
prognosis, past treatment, a list of alternative treatment	91626
settings and plans, and identification of the treatment setting	91627
that is the least restrictive consistent with treatment needs. The	91628
attorney the board designates or the prosecutor shall file the	91629
written report at least three days prior to the full hearing. A	91630
copy of the application and written report shall be provided to	91631
the respondent's counsel immediately.	91632

The court shall hold a full hearing on applications for	91633
continued commitment at the expiration of the first ninety-day	91634
period and at least every two years after the expiration of the	91635
first ninety-day period.	91636

Hearings following any application for continued commitment	91637
are mandatory and may not be waived.	91638

Upon request of a person who is involuntarily committed under	91639
this section, or the person's counsel, that is made more than one	91640
hundred eighty days after the person's last full hearing,	91641
mandatory or requested, the court shall hold a full hearing on the	91642
person's continued commitment. Upon the application of a person	91643
involuntarily committed under this section, supported by an	91644
affidavit of a psychiatrist or licensed clinical psychologist,	91645
alleging that the person no longer is a mentally ill person	91646
subject to hospitalization by court order, the court for good	91647
cause shown may hold a full hearing on the person's continued	91648
commitment prior to the expiration of one hundred eighty days	91649
after the person's last full hearing. Section 5122.12 of the	91650
Revised Code applies to all hearings on continued commitment.	91651

If the court, after a hearing for continued commitment finds	91652
by clear and convincing evidence that the respondent is a mentally	91653
ill person subject to hospitalization by court order, the court	91654
may order continued commitment at places specified in division (C)	91655
of this section.	91656

(I) Unless the admission is pursuant to section 5120.17 or	91657
5139.08 of the Revised Code, the chief clinical officer of the	91658
hospital or agency admitting a respondent pursuant to a judicial	91659
proceeding, within ten working days of the admission, shall make a	91660
report of the admission to the board of alcohol, drug addiction,	91661
and mental health services serving the respondent's county of	91662
residence.	91663

(J) A referee appointed by the court may make all orders that	91664
a judge may make under this section and sections 5122.11 and	91665
5122.141 of the Revised Code, except an order of contempt of	91666
court. The orders of a referee take effect immediately. Within	91667
fourteen days of the making of an order by a referee, a party may	91668
file written objections to the order with the court. The filed	91669
objections shall be considered a motion, shall be specific, and	91670
shall state their grounds with particularity. Within ten days of	91671
the filing of the objections, a judge of the court shall hold a	91672
hearing on the objections and may hear and consider any testimony	91673
or other evidence relating to the respondent's mental condition.	91674
At the conclusion of the hearing, the judge may ratify, rescind,	91675
or modify the referee's order.	91676

(K) An order of the court under division (C), (H), or (J) of	91677
this section is a final order.	91678

(L) Before a board, or an agency the board designates, may	91679
place an unconsenting respondent in an inpatient setting from a	91680
less restrictive placement, the board or agency shall do all of	91681
the following:	91682

(1) Determine that the respondent is in immediate need of	91683
treatment in an inpatient setting because the respondent	91684
represents a substantial risk of physical harm to the respondent	91685
or others if allowed to remain in a less restrictive setting;	91686

(2) On the day of placement in the inpatient setting or on	91687
the next court day, file with the court a motion for transfer to	91688
an inpatient setting or communicate to the court by telephone that	91689
the required motion has been mailed;	91690

(3) Ensure that every reasonable and appropriate effort is	91691
made to take the respondent to the inpatient setting in the least	91692
conspicuous manner possible;	91693

(4) Immediately notify the board's designated attorney and	91694
the respondent's attorney.	91695

At the respondent's request, the court shall hold a hearing	91696
on the motion and make a determination pursuant to division (E) of	91697
this section within five days of the placement.	91698

(M) Before a board, or an agency the board designates, may	91699
move a respondent from one residential placement to another, the	91700
board or agency shall consult with the respondent about the	91701
placement. If the respondent objects to the placement, the	91702
proposed placement and the need for it shall be reviewed by a	91703
qualified mental health professional who otherwise is not involved	91704
in the treatment of the respondent.	91705

Sec. 5122.21. (A) The chief clinical officer shall as	91706
frequently as practicable, and at least once every thirty days,	91707
examine or cause to be examined every patient, and, whenever the	91708
chief clinical officer determines that the conditions justifying	91709
involuntary hospitalization or commitment no longer obtain, shall,	91710
~~except as provided in division (C) of this section,~~ discharge the	91711
patient not under indictment or conviction for crime and	91712
immediately make a report of the discharge to the department of	91713
mental health. The chief clinical officer may discharge a patient	91714
who is under an indictment, a sentence of imprisonment, a	91715
community control sanction, or a post-release control sanction or	91716
on parole ten days after written notice of intent to discharge the	91717
patient has been given by personal service or certified mail,	91718
return receipt requested, to the court having criminal	91719
jurisdiction over the patient. Except when the patient was found	91720
not guilty by reason of insanity and the defendant's commitment is	91721
pursuant to section 2945.40 of the Revised Code, the chief	91722
clinical officer has final authority to discharge a patient who is	91723
under an indictment, a sentence of imprisonment, a community	91724
control sanction, or a post-release control sanction or on parole.	91725

(B) After a finding pursuant to section 5122.15 of the	91726
Revised Code that a person is a mentally ill person subject to	91727
hospitalization by court order, the chief clinical officer of the	91728
hospital or agency to which the person is ordered or to which the	91729
person is transferred under section 5122.20 of the Revised Code,	91730
may~~, except as provided in division (C) of this section,~~ grant a	91731
discharge without the consent or authorization of any court.	91732

Upon discharge, the chief clinical officer shall notify the	91733
court that caused the judicial hospitalization of the discharge	91734
from the hospital.	91735

Sec. 5122.27. The chief clinical officer of the hospital or	91736
~~his~~the chief clinical officer's designee shall assure that all	91737
patients hospitalized or committed pursuant to this chapter shall:	91738

(A) Receive, within twenty days of their admission sufficient	91739
professional care to assure that an evaluation of current status,	91740
differential diagnosis, probable prognosis, and description of the	91741
current treatment plan is stated on the official chart;	91742

(B) Have a written treatment plan consistent with the	91743
evaluation, diagnosis, prognosis, and goals which shall be	91744
provided, upon request of the patient or patient's counsel, to the	91745
patient's counsel and to any private physician or licensed	91746
clinical psychologist designated by the patient or ~~his~~the	91747
patient's counsel or to the ~~legal rights service~~Ohio protection	91748
and advocacy system;	91749

(C) Receive treatment consistent with the treatment plan. The	91750
department of mental health shall set standards for treatment	91751
provided to such patients, consistent wherever possible with	91752
standards set by the joint commission on accreditation of	91753
healthcare organizations.	91754

(D) Receive periodic reevaluations of the treatment plan by	91755
the professional staff at intervals not to exceed ninety days;	91756

(E) Be provided with adequate medical treatment for physical	91757
disease or injury;	91758

(F) Receive humane care and treatment, including without	91759
limitation, the following:	91760

(1) The least restrictive environment consistent with the	91761
treatment plan;	91762

(2) The necessary facilities and personnel required by the	91763
treatment plan;	91764

(3) A humane psychological and physical environment;

91765

(4) The right to obtain current information concerning ~~his~~	91766
the patient's treatment program and expectations in terms that he	91767
the patient can reasonably understand;	91768

(5) Participation in programs designed to afford ~~him~~the	91769
patient substantial opportunity to acquire skills to facilitate	91770
~~his~~ return to the community or to terminate an involuntary	91771
commitment;	91772

(6) The right to be free from unnecessary or excessive	91773
medication;	91774

(7) Freedom from restraints or isolation unless it is stated	91775
in a written order by the chief clinical officer or ~~his~~the chief	91776
clinical officer's designee, or the patient's individual physician	91777
or psychologist in a private or general hospital.	91778

~~(G) Be notified of their rights under the law within~~	91779
~~twenty-four hours of admission, according to rules established by~~	91780
~~the legal rights service.~~	91781

If the chief clinical officer of the hospital is unable to	91782
provide the treatment required by divisions (C), (E), and (F) of	91783
this section for any patient hospitalized pursuant to Chapter	91784
5122. of the Revised Code, hethe chief clinical officer shall	91785
immediately notify the patient, the court, the ~~legal rights~~	91786
~~service~~Ohio protection and advocacy system, the director of	91787
mental health, and the patient's counsel and legal guardian, if	91788
known. If within ten days after receipt of such notification by	91789
the director, hethe director is unable to effect a transfer of	91790
the patient, pursuant to section 5122.20 of the Revised Code, to a	91791
hospital, community mental health agency, or other medical	91792
facility where treatment is available, or has not received an	91793
order of the court to the contrary, the involuntary commitment of	91794
any patient hospitalized pursuant to Chapter 5122. of the Revised	91795
Code and defined as a mentally ill person subject to	91796
hospitalization by court order under division (B)(4) of section	91797
5122.01 of the Revised Code shall automatically be terminated.	91798

Sec. 5122.271. (A) Except as provided in divisions (C), (D),	91799
and (E) of this section, the chief clinical officer or, in a	91800
nonpublic hospital, the attending physician responsible for a	91801
patient's care shall provide all information, including expected	91802
physical and medical consequences, necessary to enable any patient	91803
of a hospital for the mentally ill to give a fully informed,	91804
intelligent, and knowing consent, the opportunity to consult with	91805
independent specialists and counsel, and the right to refuse	91806
consent for any of the following:	91807

(1) Surgery;

91808

(2) Convulsive therapy;

91809

(3) Major aversive interventions;

91810

(4) Sterilizations;

91811

(5) Any unusually hazardous treatment procedures;

91812

(6) Psycho-surgery.

91813

(B) No patient shall be subjected to any of the procedures	91814
listed in divisions (A)(4) to (6) of this section until both the	91815
patient's informed, intelligent, and knowing consent and the	91816
approval of the court have been obtained, except that court	91817
approval is not required for a legally competent and voluntary	91818
patient in a nonpublic hospital.	91819

(C) If, after providing the information required under	91820
division (A) of this section to the patient, the chief clinical	91821
officer or attending physician concludes that a patient is	91822
physically or mentally unable to receive the information required	91823
for surgery under division (A)(1) of this section, or has been	91824
adjudicated incompetent, the information may be provided to the	91825
patient's natural or court-appointed guardian, who may give an	91826
informed, intelligent, and knowing written consent.	91827

If a patient is physically or mentally unable to receive the	91828
information required for surgery under division (A)(1) of this	91829
section and has no guardian, the information, the recommendation	91830
of the chief clinical officer, and the concurring judgment of a	91831
licensed physician who is not a full-time employee of the state	91832
may be provided to the court in the county in which the hospital	91833
is located, which may approve the surgery. Before approving the	91834
surgery, the court shall notify the ~~legal rights service~~Ohio	91835
protection and advocacy system created by section 5123.60 of the	91836
Revised Code, and shall notify the patient of the rights to	91837
consult with counsel, to have counsel appointed by the court if	91838
the patient is indigent, and to contest the recommendation of the	91839
chief clinical officer.	91840

(D) If, in a medical emergency, and after providing the	91841
information required under division (A) of this section to the	91842
patient, it is the judgment of one licensed physician that delay	91843
in obtaining surgery would create a grave danger to the health of	91844
the patient, it may be administered without the consent of the	91845
patient or the patient's guardian if the necessary information is	91846
provided to the patient's spouse or next of kin to enable that	91847
person to give informed, intelligent, and knowing written consent.	91848
If no spouse or next of kin can reasonably be contacted, or if the	91849
spouse or next of kin is contacted, but refuses to consent, the	91850
surgery may be performed upon the written authorization of the	91851
chief clinical officer or, in a nonpublic hospital, upon the	91852
written authorization of the attending physician responsible for	91853
the patient's care, and after the approval of the court has been	91854
obtained. However, if delay in obtaining court approval would	91855
create a grave danger to the life of the patient, the chief	91856
clinical officer or, in a nonpublic hospital, the attending	91857
physician responsible for the patient's care may authorize	91858
surgery, in writing, without court approval. If the surgery is	91859
authorized without court approval, the chief clinical officer or	91860
the attending physician who made the authorization and the	91861
physician who performed the surgery shall each execute an	91862
affidavit describing the circumstances constituting the emergency	91863
and warranting the surgery and the circumstances warranting their	91864
not obtaining prior court approval. The affidavit shall be filed	91865
with the court with which the request for prior approval would	91866
have been filed within five court days after the surgery, and a	91867
copy of the affidavit shall be placed in the patient's file and be	91868
given to the guardian, spouse, or next of kin of the patient, to	91869
the hospital at which the surgery was performed, and to the ~~legal~~	91870
~~rights service created by~~Ohio protection and advocacy system as	91871
defined in section 5123.60 of the Revised Code.	91872

(E) Major aversive interventions shall not be used unless a	91873
patient continues to engage in behavior destructive to self or	91874
others after other forms of therapy have been attempted. Major	91875
aversive interventions may be applied if approved by the director	91876
of mental health. ~~The director of the legal rights service created~~	91877
~~by section 5123.60 of the Revised Code shall be notified of any~~	91878
~~proposed major aversive intervention prior to review by the~~	91879
~~director of mental health.~~ Major aversive interventions shall not	91880
be applied to a voluntary patient without the informed,	91881
intelligent, and knowing written consent of the patient or the	91882
patient's guardian.	91883

(F) Unless there is substantial risk of physical harm to self	91884
or others, or other than under division (D) of this section, this	91885
chapter does not authorize any form of compulsory medical,	91886
psychological, or psychiatric treatment of any patient who is	91887
being treated by spiritual means through prayer alone in	91888
accordance with a recognized religious method of healing without	91889
specific court authorization.	91890

(G) For purposes of this section, "convulsive therapy" does	91891
not include defibrillation.	91892

Sec. 5122.29. All patients hospitalized or committed	91893
pursuant to this chapter have the following rights:	91894

(A) The right to a written list of all rights enumerated in	91895
this chapter, to that person, ~~his~~that person's legal guardian,	91896
and ~~his~~that person's counsel. If the person is unable to read,	91897
the list shall be read and explained to ~~him~~the person.	91898

(B) The right at all times to be treated with consideration	91899
and respect for ~~his~~the patient's privacy and dignity, including	91900
without limitation, the following:	91901

(1) At the time a person is taken into custody for diagnosis,	91902
detention, or treatment under Chapter 5122. of the Revised Code,	91903
the person taking ~~him~~that person into custody shall take	91904
reasonable precautions to preserve and safeguard the personal	91905
property in the possession of or on the premises occupied by that	91906
person;	91907

(2) A person who is committed, voluntarily or involuntarily,	91908
shall be given reasonable protection from assault or battery by	91909
any other person.	91910

(C) The right to communicate freely with and be visited at	91911
reasonable times by ~~his~~the patient's private counsel or personnel	91912
of the ~~legal rights service~~Ohio protection and advocacy system	91913
and, unless prior court restriction has been obtained, to	91914
communicate freely with and be visited at reasonable times by ~~his~~	91915
the patient's personal physician or psychologist.	91916

(D) The right to communicate freely with others, unless	91917
specifically restricted in the patient's treatment plan for clear	91918
treatment reasons, including without limitation the following:	91919

(1) To receive visitors at reasonable times;

91920

(2) To have reasonable access to telephones to make and	91921
receive confidential calls, including a reasonable number of free	91922
calls if unable to pay for them and assistance in calling if	91923
requested and needed.	91924

(E) The right to have ready access to letter writing	91925
materials, including a reasonable number of stamps without cost if	91926
unable to pay for them, and to mail and receive unopened	91927
correspondence and assistance in writing if requested and needed.	91928

(F) The right to the following personal privileges consistent	91929
with health and safety:	91930

(1) To wear ~~his~~the patient's own clothes and maintain ~~his~~	91931
the patient's own personal effects;	91932

(2) To be provided an adequate allowance for or allotment of	91933
neat, clean, and seasonable clothing if unable to provide ~~his~~the	91934
patient's own;	91935

(3) To maintain ~~his~~the patient's personal appearance	91936
according to ~~his~~the patient's own personal taste, including head	91937
and body hair;	91938

(4) To keep and use personal possessions, including toilet	91939
articles;	91940

(5) To have access to individual storage space for ~~his~~the	91941
patient's private use;	91942

(6) To keep and spend a reasonable sum of ~~his~~the patient's	91943
own money for expenses and small purchases;	91944

(7) To receive and possess reading materials without	91945
censorship, except when the materials create a clear and present	91946
danger to the safety of persons in the facility.	91947

(G) The right to reasonable privacy, including both periods	91948
of privacy and places of privacy.	91949

(H) The right to free exercise of religious worship within	91950
the facility, including a right to services and sacred texts that	91951
are within the reasonable capacity of the facility to supply,	91952
provided that no patient shall be coerced into engaging in any	91953
religious activities.	91954

(I) The right to social interaction with members of either	91955
sex, subject to adequate supervision, unless such social	91956
interaction is specifically withheld under a patient's written	91957
treatment plan for clear treatment reasons.	91958

As used in this section, "clear treatment reasons" means that	91959
permitting the patient to communicate freely with others will	91960
present a substantial risk of physical harm to the patient or	91961
others or will substantially preclude effective treatment of the	91962
patient. If a right provided under this section is restricted or	91963
withheld for clear treatment reasons, the patient's written	91964
treatment plan shall specify the treatment designed to eliminate	91965
the restriction or withholding of the right at the earliest	91966
possible time.	91967

Sec. 5122.31. (A) All certificates, applications, records,	91968
and reports made for the purpose of this chapter and sections	91969
2945.38, 2945.39, 2945.40, 2945.401, and 2945.402 of the Revised	91970
Code, other than court journal entries or court docket entries,	91971
and directly or indirectly identifying a patient or former patient	91972
or person whose hospitalization has been sought under this	91973
chapter, shall be kept confidential and shall not be disclosed by	91974
any person except:	91975

(1) If the person identified, or the person's legal guardian,	91976
if any, or if the person is a minor, the person's parent or legal	91977
guardian, consents, and if the disclosure is in the best interests	91978
of the person, as may be determined by the court for judicial	91979
records and by the chief clinical officer for medical records;	91980

(2) When disclosure is provided for in this chapter or	91981
section ~~5123.60~~5123.601 of the Revised Code;	91982

(3) That hospitals, boards of alcohol, drug addiction, and	91983
mental health services, and community mental health agencies may	91984
release necessary medical information to insurers and other	91985
third-party payers, including government entities responsible for	91986
processing and authorizing payment, to obtain payment for goods	91987
and services furnished to the patient;	91988

(4) Pursuant to a court order signed by a judge;

91989

(5) That a patient shall be granted access to the patient's	91990
own psychiatric and medical records, unless access specifically is	91991
restricted in a patient's treatment plan for clear treatment	91992
reasons;	91993

(6) That hospitals and other institutions and facilities	91994
within the department of mental health may exchange psychiatric	91995
records and other pertinent information with other hospitals,	91996
institutions, and facilities of the department, and with community	91997
mental health agencies and boards of alcohol, drug addiction, and	91998
mental health services with which the department has a current	91999
agreement for patient care or services. Records and information	92000
that may be released pursuant to this division shall be limited to	92001
medication history, physical health status and history, financial	92002
status, summary of course of treatment in the hospital, summary of	92003
treatment needs, and a discharge summary, if any.	92004

(7) That hospitals within the department, other institutions	92005
and facilities within the department, hospitals licensed by the	92006
department under section 5119.20 of the Revised Code, and	92007
community mental health agencies may exchange psychiatric records	92008
and other pertinent information with payers and other providers of	92009
treatment and health services if the purpose of the exchange is to	92010
facilitate continuity of care for a patient;	92011

(8) That a patient's family member who is involved in the	92012
provision, planning, and monitoring of services to the patient may	92013
receive medication information, a summary of the patient's	92014
diagnosis and prognosis, and a list of the services and personnel	92015
available to assist the patient and the patient's family, if the	92016
patient's treating physician determines that the disclosure would	92017
be in the best interests of the patient. No such disclosure shall	92018
be made unless the patient is notified first and receives the	92019
information and does not object to the disclosure.	92020

(9) That community mental health agencies may exchange	92021
psychiatric records and certain other information with the board	92022
of alcohol, drug addiction, and mental health services and other	92023
agencies in order to provide services to a person involuntarily	92024
committed to a board. Release of records under this division shall	92025
be limited to medication history, physical health status and	92026
history, financial status, summary of course of treatment, summary	92027
of treatment needs, and discharge summary, if any.	92028

(10) That information may be disclosed to the executor or the	92029
administrator of an estate of a deceased patient when the	92030
information is necessary to administer the estate;	92031

(11) That records in the possession of the Ohio historical	92032
society may be released to the closest living relative of a	92033
deceased patient upon request of that relative;	92034

(12) That information may be disclosed to staff members of	92035
the appropriate board or to staff members designated by the	92036
director of mental health for the purpose of evaluating the	92037
quality, effectiveness, and efficiency of services and determining	92038
if the services meet minimum standards. Information obtained	92039
during such evaluations shall not be retained with the name of any	92040
patient.	92041

(13) That records pertaining to the patient's diagnosis,	92042
course of treatment, treatment needs, and prognosis shall be	92043
disclosed and released to the appropriate prosecuting attorney if	92044
the patient was committed pursuant to section 2945.38, 2945.39,	92045
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the	92046
attorney designated by the board for proceedings pursuant to	92047
involuntary commitment under this chapter.	92048

(14) That the department of mental health may exchange	92049
psychiatric hospitalization records, other mental health treatment	92050
records, and other pertinent information with the department of	92051
rehabilitation and correction to ensure continuity of care for	92052
inmates who are receiving mental health services in an institution	92053
of the department of rehabilitation and correction. The department	92054
shall not disclose those records unless the inmate is notified,	92055
receives the information, and does not object to the disclosure.	92056
The release of records under this division is limited to records	92057
regarding an inmate's medication history, physical health status	92058
and history, summary of course of treatment, summary of treatment	92059
needs, and a discharge summary, if any.	92060

(15) That a community mental health agency that ceases to	92061
operate may transfer to either a community mental health agency	92062
that assumes its caseload or to the board of alcohol, drug	92063
addiction, and mental health services of the service district in	92064
which the patient resided at the time services were most recently	92065
provided any treatment records that have not been transferred	92066
elsewhere at the patient's request.	92067

(B) Before records are disclosed pursuant to divisions	92068
(A)(3), (6), (7), and (9) of this section, the custodian of the	92069
records shall attempt to obtain the patient's consent for the	92070
disclosure. No person shall reveal the contents of a medical	92071
record of a patient except as authorized by law.	92072

(C) The managing officer of a hospital who releases necessary	92073
medical information under division (A)(3) of this section to allow	92074
an insurance carrier or other third party payor to comply with	92075
section 5121.43 of the Revised Code shall neither be subject to	92076
criminal nor civil liability.	92077

Sec. 5122.32. (A) As used in this section:

92078

(1) "Quality assurance committee" means a committee that is	92079
appointed in the central office of the department of mental health	92080
by the director of mental health, a committee of a hospital or	92081
community setting program, a committee established pursuant to	92082
section 5119.47 of the Revised Code of the department of mental	92083
health appointed by the managing officer of the hospital or	92084
program, or a duly authorized subcommittee of a committee of that	92085
nature and that is designated to carry out quality assurance	92086
program activities.	92087

(2) "Quality assurance program" means a comprehensive program	92088
within the department of mental health to systematically review	92089
and improve the quality of medical and mental health services	92090
within the department and its hospitals and community setting	92091
programs, the safety and security of persons receiving medical and	92092
mental health services within the department and its hospitals and	92093
community setting programs, and the efficiency and effectiveness	92094
of the utilization of staff and resources in the delivery of	92095
medical and mental health services within the department and its	92096
hospitals and community setting programs. "Quality assurance	92097
program" includes the central office quality assurance committees,	92098
morbidity and mortality review committees, quality assurance	92099
programs of community setting programs, quality assurance	92100
committees of hospitals operated by the department of mental	92101
health, and the office of licensure and certification of the	92102
department.	92103

(3) "Quality assurance program activities" include collecting	92104
or compiling information and reports required by a quality	92105
assurance committee, receiving, reviewing, or implementing the	92106
recommendations made by a quality assurance committee, and	92107
credentialing, privileging, infection control, tissue review, peer	92108
review, utilization review including access to patient care	92109
records, patient care assessment records, and medical and mental	92110
health records, medical and mental health resource management,	92111
mortality and morbidity review, and identification and prevention	92112
of medical or mental health incidents and risks, whether performed	92113
by a quality assurance committee or by persons who are directed by	92114
a quality assurance committee.	92115

(4) "Quality assurance records" means the proceedings,	92116
discussion, records, findings, recommendations, evaluations,	92117
opinions, minutes, reports, and other documents or actions that	92118
emanate from quality assurance committees, quality assurance	92119
programs, or quality assurance program activities. "Quality	92120
assurance records" does not include aggregate statistical	92121
information that does not disclose the identity of persons	92122
receiving or providing medical or mental health services in	92123
department of mental health institutions.	92124

(B)(1) Except as provided in division (E) of this section,	92125
quality assurance records are confidential and are not public	92126
records under section 149.43 of the Revised Code, and shall be	92127
used only in the course of the proper functions of a quality	92128
assurance program.	92129

(2) Except as provided in division (E) of this section, no	92130
person who possesses or has access to quality assurance records	92131
and who knows that the records are quality assurance records shall	92132
willfully disclose the contents of the records to any person or	92133
entity.	92134

(C)(1) Except as provided in division (E) of this section, no	92135
quality assurance record shall be subject to discovery in, and is	92136
not admissible in evidence, in any judicial or administrative	92137
proceeding.	92138

(2) Except as provided in division (E) of this section, no	92139
member of a quality assurance committee or a person who is	92140
performing a function that is part of a quality assurance program	92141
shall be permitted or required to testify in a judicial or	92142
administrative proceeding with respect to quality assurance	92143
records or with respect to any finding, recommendation,	92144
evaluation, opinion, or other action taken by the committee,	92145
member, or person.	92146

(3) Information, documents, or records otherwise available	92147
from original sources are not to be construed as being unavailable	92148
for discovery or admission in evidence in a judicial or	92149
administrative proceeding merely because they were presented to a	92150
quality assurance committee. No person testifying before a quality	92151
assurance committee or person who is a member of a quality	92152
assurance committee shall be prevented from testifying as to	92153
matters within the person's knowledge, but the witness cannot be	92154
asked about the witness' testimony before the quality assurance	92155
committee or about an opinion formed by the person as a result of	92156
the quality assurance committee proceedings.	92157

(D)(1) A person who, without malice and in the reasonable	92158
belief that the information is warranted by the facts known to the	92159
person, provides information to a person engaged in quality	92160
assurance program activities is not liable for damages in a civil	92161
action for injury, death, or loss to person or property to any	92162
person as a result of providing the information.	92163

(2) A member of a quality assurance committee, a person	92164
engaged in quality assurance program activities, and an employee	92165
of the department of mental health shall not be liable in damages	92166
in a civil action for injury, death, or loss to person or property	92167
to any person for any acts, omissions, decisions, or other conduct	92168
within the scope of the functions of the quality assurance	92169
program.	92170

(3) Nothing in this section shall relieve any institution or	92171
individual from liability arising from the treatment of a patient.	92172

(E) Quality assurance records may be disclosed, and testimony	92173
may be provided concerning quality assurance records, only to the	92174
following persons or entities:	92175

(1) Persons who are employed or retained by the department of	92176
mental health and who have authority to evaluate or implement the	92177
recommendations of a state-operated hospital, community setting	92178
program, or central office quality assurance committee;	92179

(2) Public or private agencies or organizations if needed to	92180
perform a licensing or accreditation function related to	92181
department of mental health hospitals or community setting	92182
programs, or to perform monitoring of a hospital or program of	92183
that nature as required by law.	92184

(F) A disclosure of quality assurance records pursuant to	92185
division (E) of this section does not otherwise waive the	92186
confidential and privileged status of the disclosed quality	92187
assurance records.	92188

(G) Nothing in this section shall limit the access of the	92189
~~legal rights service~~Ohio protection and advocacy system to	92190
records or personnel as ~~set forth in sections 5123.60 to 5123.604~~	92191
required under section 5123.601 of the Revised Code. Nothing in	92192
this section shall limit the admissibility of documentary or	92193
testimonial evidence in an action brought by the ~~legal rights~~	92194
~~service~~Ohio protection and advocacy system in its own name or on	92195
behalf of a client.	92196

Sec. 5122.341. (A) As used in this section:

92197

(1) "Facility or agency" means, in the context of a person	92198
committed to the department of mental health under sections	92199
2945.37 to 2945.402 of the Revised Code, any entity in which the	92200
department of mental health places such a person.	92201

(2) "Person committed to the department" means a person	92202
committed to the department of mental health under sections	92203
2945.37 to 2945.402 of the Revised Code.	92204

(B) No member of a board of directors, or employee, of a	92205
facility or agency in which the department of mental health places	92206
a person committed to the department is liable for injury or	92207
damages caused by any action or inaction taken within the scope of	92208
the board member's official duties or employee's employment	92209
relating to the commitment of, and services provided to, the	92210
person committed to the department, unless the action or inaction	92211
constitutes willful or wanton misconduct. A board member's or	92212
employee's action or inaction does not constitute willful or	92213
wanton misconduct if the board member or employee acted in good	92214
faith and reasonably under the circumstances and with the	92215
knowledge reasonably attributable to the board member or employee.	92216

The immunity from liability conferred by this section is in	92217
addition to and not in limitation of any immunity conferred by any	92218
other section of the Revised Code or by judicial precedent.	92219

Sec. 5123.01. As used in this chapter:

92220

(A) "Chief medical officer" means the licensed physician	92221
appointed by the managing officer of an institution for the	92222
mentally retarded with the approval of the director of	92223
developmental disabilities to provide medical treatment for	92224
residents of the institution.	92225

(B) "Chief program director" means a person with special	92226
training and experience in the diagnosis and management of the	92227
mentally retarded, certified according to division (C) of this	92228
section in at least one of the designated fields, and appointed by	92229
the managing officer of an institution for the mentally retarded	92230
with the approval of the director to provide habilitation and care	92231
for residents of the institution.	92232

(C) "Comprehensive evaluation" means a study, including a	92233
sequence of observations and examinations, of a person leading to	92234
conclusions and recommendations formulated jointly, with	92235
dissenting opinions if any, by a group of persons with special	92236
training and experience in the diagnosis and management of persons	92237
with mental retardation or a developmental disability, which group	92238
shall include individuals who are professionally qualified in the	92239
fields of medicine, psychology, and social work, together with	92240
such other specialists as the individual case may require.	92241

(D) "Education" means the process of formal training and	92242
instruction to facilitate the intellectual and emotional	92243
development of residents.	92244

(E) "Habilitation" means the process by which the staff of	92245
the institution assists the resident in acquiring and maintaining	92246
those life skills that enable the resident to cope more	92247
effectively with the demands of the resident's own person and of	92248
the resident's environment and in raising the level of the	92249
resident's physical, mental, social, and vocational efficiency.	92250
Habilitation includes but is not limited to programs of formal,	92251
structured education and training.	92252

(F) "Health officer" means any public health physician,	92253
public health nurse, or other person authorized or designated by a	92254
city or general health district.	92255

(G) "Home and community-based services" means medicaid-funded	92256
home and community-based services specified in division (B)(1) of	92257
section 5111.87 of the Revised Code provided under the medicaid	92258
waiver components the department of developmental disabilities	92259
administers pursuant to section 5111.871 of the Revised Code.	92260
However, home and community-based services provided under the	92261
medicaid waiver component known as the transitions developmental	92262
disabilities waiver are to be considered to be home and	92263
community-based services for the purposes of this chapter only to	92264
the extent, if any, provided by the contract required by section	92265
5111.871 of the Revised Code regarding the waiver.	92266

(H) "Indigent person" means a person who is unable, without	92267
substantial financial hardship, to provide for the payment of an	92268
attorney and for other necessary expenses of legal representation,	92269
including expert testimony.	92270

(I) "Institution" means a public or private facility, or a	92271
part of a public or private facility, that is licensed by the	92272
appropriate state department and is equipped to provide	92273
residential habilitation, care, and treatment for the mentally	92274
retarded.	92275

(J) "Licensed physician" means a person who holds a valid	92276
certificate issued under Chapter 4731. of the Revised Code	92277
authorizing the person to practice medicine and surgery or	92278
osteopathic medicine and surgery, or a medical officer of the	92279
government of the United States while in the performance of the	92280
officer's official duties.	92281

(K) "Managing officer" means a person who is appointed by the	92282
director of developmental disabilities to be in executive control	92283
of an institution for the mentally retarded under the jurisdiction	92284
of the department.	92285

(L) "Medicaid" has the same meaning as in section 5111.01 of	92286
the Revised Code.	92287

(M) "Medicaid case management services" means case management	92288
services provided to an individual with mental retardation or	92289
other developmental disability that the state medicaid plan	92290
requires.	92291

(N) "Mentally retarded person" means a person having	92292
significantly subaverage general intellectual functioning existing	92293
concurrently with deficiencies in adaptive behavior, manifested	92294
during the developmental period.	92295

(O) "Mentally retarded person subject to institutionalization	92296
by court order" means a person eighteen years of age or older who	92297
is at least moderately mentally retarded and in relation to whom,	92298
because of the person's retardation, either of the following	92299
conditions exist:	92300

(1) The person represents a very substantial risk of physical	92301
impairment or injury to self as manifested by evidence that the	92302
person is unable to provide for and is not providing for the	92303
person's most basic physical needs and that provision for those	92304
needs is not available in the community;	92305

(2) The person needs and is susceptible to significant	92306
habilitation in an institution.	92307

(P) "A person who is at least moderately mentally retarded"	92308
means a person who is found, following a comprehensive evaluation,	92309
to be impaired in adaptive behavior to a moderate degree and to be	92310
functioning at the moderate level of intellectual functioning in	92311
accordance with standard measurements as recorded in the most	92312
current revision of the manual of terminology and classification	92313
in mental retardation published by the American association on	92314
mental retardation.	92315

(Q) As used in this division, "substantial functional	92316
limitation," "developmental delay," and "established risk" have	92317
the meanings established pursuant to section 5123.011 of the	92318
Revised Code.	92319

"Developmental disability" means a severe, chronic disability	92320
that is characterized by all of the following:	92321

(1) It is attributable to a mental or physical impairment or	92322
a combination of mental and physical impairments, other than a	92323
mental or physical impairment solely caused by mental illness as	92324
defined in division (A) of section 5122.01 of the Revised Code.	92325

(2) It is manifested before age twenty-two.

92326

(3) It is likely to continue indefinitely.

92327

(4) It results in one of the following:

92328

(a) In the case of a person under three years of age, at	92329
least one developmental delay or an established risk;	92330

(b) In the case of a person at least three years of age but	92331
under six years of age, at least two developmental delays or an	92332
established risk;	92333

(c) In the case of a person six years of age or older, a	92334
substantial functional limitation in at least three of the	92335
following areas of major life activity, as appropriate for the	92336
person's age: self-care, receptive and expressive language,	92337
learning, mobility, self-direction, capacity for independent	92338
living, and, if the person is at least sixteen years of age,	92339
capacity for economic self-sufficiency.	92340

(5) It causes the person to need a combination and sequence	92341
of special, interdisciplinary, or other type of care, treatment,	92342
or provision of services for an extended period of time that is	92343
individually planned and coordinated for the person.	92344

(R) "Developmentally disabled person" means a person with a	92345
developmental disability.	92346

(S) "State institution" means an institution that is	92347
tax-supported and under the jurisdiction of the department.	92348

(T) "Residence" and "legal residence" have the same meaning	92349
as "legal settlement," which is acquired by residing in Ohio for a	92350
period of one year without receiving general assistance prior to	92351
July 17, 1995, under former Chapter 5113. of the Revised Code,	92352
financial assistance under Chapter 5115. of the Revised Code, or	92353
assistance from a private agency that maintains records of	92354
assistance given. A person having a legal settlement in the state	92355
shall be considered as having legal settlement in the assistance	92356
area in which the person resides. No adult person coming into this	92357
state and having a spouse or minor children residing in another	92358
state shall obtain a legal settlement in this state as long as the	92359
spouse or minor children are receiving public assistance, care, or	92360
support at the expense of the other state or its subdivisions. For	92361
the purpose of determining the legal settlement of a person who is	92362
living in a public or private institution or in a home subject to	92363
licensing by the department of job and family services, the	92364
department of mental health, or the department of developmental	92365
disabilities, the residence of the person shall be considered as	92366
though the person were residing in the county in which the person	92367
was living prior to the person's entrance into the institution or	92368
home. Settlement once acquired shall continue until a person has	92369
been continuously absent from Ohio for a period of one year or has	92370
acquired a legal residence in another state. A woman who marries a	92371
man with legal settlement in any county immediately acquires the	92372
settlement of her husband. The legal settlement of a minor is that	92373
of the parents, surviving parent, sole parent, parent who is	92374
designated the residential parent and legal custodian by a court,	92375
other adult having permanent custody awarded by a court, or	92376
guardian of the person of the minor, provided that:	92377

(1) A minor female who marries shall be considered to have	92378
the legal settlement of her husband and, in the case of death of	92379
her husband or divorce, she shall not thereby lose her legal	92380
settlement obtained by the marriage.	92381

(2) A minor male who marries, establishes a home, and who has	92382
resided in this state for one year without receiving general	92383
assistance prior to July 17, 1995, under former Chapter 5113. of	92384
the Revised Code, financial assistance under Chapter 5115. of the	92385
Revised Code, or assistance from a private agency that maintains	92386
records of assistance given shall be considered to have obtained a	92387
legal settlement in this state.	92388

(3) The legal settlement of a child under eighteen years of	92389
age who is in the care or custody of a public or private child	92390
caring agency shall not change if the legal settlement of the	92391
parent changes until after the child has been in the home of the	92392
parent for a period of one year.	92393

No person, adult or minor, may establish a legal settlement	92394
in this state for the purpose of gaining admission to any state	92395
institution.	92396

(U)(1) "Resident" means, subject to division (R)(2) of this	92397
section, a person who is admitted either voluntarily or	92398
involuntarily to an institution or other facility pursuant to	92399
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	92400
Code subsequent to a finding of not guilty by reason of insanity	92401
or incompetence to stand trial or under this chapter who is under	92402
observation or receiving habilitation and care in an institution.	92403

(2) "Resident" does not include a person admitted to an	92404
institution or other facility under section 2945.39, 2945.40,	92405
2945.401, or 2945.402 of the Revised Code to the extent that the	92406
reference in this chapter to resident, or the context in which the	92407
reference occurs, is in conflict with any provision of sections	92408
2945.37 to 2945.402 of the Revised Code.	92409

(V) "Respondent" means the person whose detention,	92410
commitment, or continued commitment is being sought in any	92411
proceeding under this chapter.	92412

(W) "Working day" and "court day" mean Monday, Tuesday,	92413
Wednesday, Thursday, and Friday, except when such day is a legal	92414
holiday.	92415

(X) "Prosecutor" means the prosecuting attorney, village	92416
solicitor, city director of law, or similar chief legal officer	92417
who prosecuted a criminal case in which a person was found not	92418
guilty by reason of insanity, who would have had the authority to	92419
prosecute a criminal case against a person if the person had not	92420
been found incompetent to stand trial, or who prosecuted a case in	92421
which a person was found guilty.	92422

(Y) "Court" means the probate division of the court of common	92423
pleas.	92424

(Z) "Supported living" ~~has~~and "residential services" have	92425
the same ~~meaning~~meanings as in section 5126.01 of the Revised	92426
Code.	92427

Sec. 5123.0413. The department of developmental	92428
disabilities, in consultation with the department of job and	92429
family services, office of budget and management, and county	92430
boards of developmental disabilities, shall adopt rules in	92431
accordance with Chapter 119. of the Revised Code to establish both	92432
of the following in the event a county property tax levy for	92433
services for individuals with mental retardation or other	92434
developmental disability fails:	92435

(A) A method of paying for home and community-based services;

92436

(B) A method of reducing the number of individuals a county	92437
board would otherwise be required by section 5126.0512 of the	92438
Revised Code to ensure are enrolled in ~~a medicaid waiver component~~	92439
~~under which~~ home and community-based services ~~are provided~~.	92440

Sec. 5123.0417. (A) The director of developmental	92441
disabilities shall establish one or more programs for individuals	92442
under ~~twenty-one~~twenty-two years of age who have intensive	92443
behavioral needs, including such individuals with a primary	92444
diagnosis of autism spectrum disorder. The programs may include	92445
one or more medicaid waiver components that the director	92446
administers pursuant to section 5111.871 of the Revised Code. The	92447
programs may do one or more of the following:	92448

(1) Establish models that incorporate elements common to	92449
effective intervention programs and evidence-based practices in	92450
services for children with intensive behavioral needs;	92451

(2) Design a template for individualized education plans and	92452
individual service plans that provide consistent intervention	92453
programs and evidence-based practices for the care and treatment	92454
of children with intensive behavioral needs;	92455

(3) Disseminate best practice guidelines for use by families	92456
of children with intensive behavioral needs and professionals	92457
working with such families;	92458

(4) Develop a transition planning model for effectively	92459
mainstreaming school-age children with intensive behavioral needs	92460
to their public school district;	92461

(5) Contribute to the field of early and effective	92462
identification and intervention programs for children with	92463
intensive behavioral needs by providing financial support for	92464
scholarly research and publication of clinical findings.	92465

(B) The director of developmental disabilities shall	92466
collaborate with the director of job and family services and	92467
consult with the executive director of the Ohio center for autism	92468
and low incidence and university-based programs that specialize in	92469
services for individuals with developmental disabilities when	92470
establishing programs under this section.	92471

Sec. 5123.0418. (A) In addition to other authority granted	92472
the director of developmental disabilities for use of funds	92473
appropriated to the department of developmental disabilities, the	92474
director may use such funds for the following purposes:	92475

(1) All of the following to assist persons with mental	92476
retardation or a developmental disability remain in the community	92477
and avoid institutionalization:	92478

(a) Behavioral and short-term interventions;

92479

(b) Residential services;

92480

92481

(2) Respite care services;

92482

(3) Staff training to help the following personnel serve	92483
persons with mental retardation or a developmental disability in	92484
the community:	92485

(a) Employees of, and personnel under contract with, county	92486
boards of developmental disabilities;	92487

(b) Employees of providers of supported living;

92488

92489

(d) Other personnel the director identifies.

92490

(B) The director may establish priorities for using funds for	92491
the purposes specified in division (A) of this section. The	92492
director shall use the funds in a manner consistent with the	92493
appropriations that authorize the director to use the funds and	92494
all other state and federal laws governing the use of the funds.	92495

Sec. 5123.0419. (A) The director of developmental	92496
disabilities may establish an interagency workgroup on autism. The	92497
purpose of the workgroup shall be to improve the coordination of	92498
the state's efforts to address the service needs of individuals	92499
with autism spectrum disorders and the families of those	92500
individuals. In fulfilling this purpose, the director may enter	92501
into interagency agreements with the government entities	92502
represented by the members of the workgroup. The agreements may	92503
specify any or all of the following:	92504

(1) The roles and responsibilities of government entities	92505
that enter into the agreements;	92506

(2) Procedures regarding the receipt, transfer, and	92507
expenditure of funds necessary to achieve the goals of the	92508
workgroup;	92509

(3) The projects to be undertaken and activities to be	92510
performed by the government entities that enter into the	92511
agreements.	92512

(B) Money received from government entities represented by	92513
the members of the workgroup shall be deposited into the state	92514
treasury to the credit of the interagency workgroup on autism	92515
fund, which is hereby created in the state treasury. Money	92516
credited to the fund shall be used by the department of	92517
developmental disabilities solely to support the activities of the	92518
workgroup.	92519

Sec. 5123.0420. (A) The director of developmental	92520
disabilities may authorize the implementation of one or more	92521
innovative pilot projects that, in the judgment of the director,	92522
are likely to assist in promoting the objectives of this chapter	92523
or Chapter 5126. of the Revised Code. Subject to division (B) of	92524
this section and notwithstanding any provision of this chapter and	92525
Chapter 5126. of the Revised Code, the director's authorization	92526
may permit a pilot project to be implemented in a manner	92527
inconsistent with one or more provisions of this chapter, Chapter	92528
5126. of the Revised Code, or a rule adopted under either chapter.	92529
The director shall specify the period of time for which a pilot	92530
project is to be implemented. This period shall include a	92531
reasonable period of time for an evaluation of the pilot project's	92532
effectiveness.	92533

(B) The director may not authorize a pilot project to be	92534
implemented in a manner that would cause the state to be out of	92535
compliance with any requirements for a program funded in whole or	92536
in part with federal funds.	92537

Sec. 5123.051. (A) If the department of developmental	92538
disabilities determines pursuant to an audit conducted under	92539
section 5123.05 of the Revised Code ~~or a reconciliation conducted~~	92540
~~under section 5123.18 of the Revised Code~~ that money is owed the	92541
state by a provider of a service or program, the department may	92542
enter into a payment agreement with the provider. The agreement	92543
shall include the following:	92544

(1) A schedule of installment payments whereby the money owed	92545
the state is to be paid in full within a period not to exceed one	92546
year;	92547

(2) A provision that the provider may pay the entire balance	92548
owed at any time during the term of the agreement;	92549

(3) A provision that if any installment is not paid in full	92550
within forty-five days after it is due, the entire balance owed is	92551
immediately due and payable;	92552

(4) Any other terms and conditions that are agreed to by the	92553
department and the provider.	92554

(B) The department may include a provision in a payment	92555
agreement that requires the provider to pay interest on the money	92556
owed the state. The department, in its discretion, shall determine	92557
whether to require the payment of interest and, if it so requires,	92558
the rate of interest. Neither the obligation to pay interest nor	92559
the rate of interest is subject to negotiation between the	92560
department and the provider.	92561

(C) If the provider fails to pay any installment in full	92562
within forty-five days after its due date, the department shall	92563
certify the entire balance owed to the attorney general for	92564
collection under section 131.02 of the Revised Code. The	92565
department may withhold funds from payments made to a provider	92566
under section 5123.18 of the Revised Code to satisfy a judgment	92567
secured by the attorney general.	92568

~~(D) The purchase of service fund is hereby created. Money~~	92569
~~credited to the fund shall be used solely for purposes of section~~	92570
~~5123.05 of the Revised Code.~~	92571

Sec. 5123.092. (A) There is hereby established at each	92572
institution and branch institution under the control of the	92573
department of developmental disabilities a citizen's advisory	92574
council consisting of thirteen members. At least seven of the	92575
members shall be persons who are not providers of mental	92576
retardation services. Each council shall include parents or other	92577
relatives of residents of institutions under the control of the	92578
department, community leaders, professional persons in relevant	92579
fields, and persons who have an interest in or knowledge of mental	92580
retardation. The managing officer of the institution shall be a	92581
nonvoting member of the council.	92582

(B) The director of developmental disabilities shall be the	92583
appointing authority for the voting members of each citizen's	92584
advisory council. Each time the term of a voting member expires,	92585
the remaining members of the council shall recommend to the	92586
director one or more persons to serve on the council. The director	92587
may accept a nominee of the council or reject the nominee or	92588
nominees. If the director rejects the nominee or nominees, the	92589
remaining members of the advisory council shall further recommend	92590
to the director one or more other persons to serve on the advisory	92591
council. This procedure shall continue until a member is appointed	92592
to the advisory council.	92593

Each advisory council shall elect from its appointed members	92594
a chairperson, vice-chairperson, and a secretary to serve for	92595
terms of one year. Advisory council officers shall not serve for	92596
more than two consecutive terms in the same office. A majority of	92597
the advisory council members constitutes a quorum.	92598

(C) Terms of office shall be for three years, each term	92599
ending on the same day of the same month of the year as did the	92600
term which it succeeds. No member shall serve more than two	92601
consecutive terms, except that any former member may be appointed	92602
if one year or longer has elapsed since the member served two	92603
consecutive terms. Each member shall hold office from the date of	92604
appointment until the end of the term for which the member was	92605
appointed. Any vacancy shall be filled in the same manner in which	92606
the original appointment was made, and the appointee to a vacancy	92607
in an unexpired term shall serve the balance of the term of the	92608
original appointee. Any member shall continue in office subsequent	92609
to the expiration date of the member's term until the member's	92610
successor takes office, or until a period of sixty days has	92611
elapsed, whichever occurs first.	92612

(D) Members shall be expected to attend all meetings of the	92613
advisory council. Unexcused absence from two successive regularly	92614
scheduled meetings shall be considered prima-facie evidence of	92615
intent not to continue as a member. The chairperson of the board	92616
shall, after a member has been absent for two successive regularly	92617
scheduled meetings, direct a letter to the member asking if the	92618
member wishes to remain in membership. If an affirmative reply is	92619
received, the member shall be retained as a member except that,	92620
if, after having expressed a desire to remain a member, the member	92621
then misses a third successive regularly scheduled meeting without	92622
being excused, the chairperson shall terminate the member's	92623
membership.	92624

(E) A citizen's advisory council shall meet six times	92625
annually, or more frequently if three council members request the	92626
chairperson to call a meeting. The council shall keep minutes of	92627
each meeting and shall submit them to the managing officer of the	92628
institution with which the council is associated,and the	92629
department of developmental disabilities~~, and the legal rights~~	92630
~~service~~.	92631

(F) Members of citizen's advisory councils shall receive no	92632
compensation for their services, except that they shall be	92633
reimbursed for their actual and necessary expenses incurred in the	92634
performance of their official duties by the institution with which	92635
they are associated from funds allocated to it, provided that	92636
reimbursement for those expenses shall not exceed limits imposed	92637
upon the department of developmental disabilities by	92638
administrative rules regulating travel within this state.	92639

(G) The councils shall have reasonable access to all patient	92640
treatment and living areas and records of the institution, except	92641
those records of a strictly personal or confidential nature. The	92642
councils shall have access to a patient's personal records with	92643
the consent of the patient or the patient's legal guardian or, if	92644
the patient is a minor, with the consent of the parent or legal	92645
guardian of the patient.	92646

(H) As used in this section, "branch institution" means a	92647
facility that is located apart from an institution and is under	92648
the control of the managing officer of the institution.	92649

Sec. 5123.171. As used in this section, "respite care" means	92650
appropriate, short-term, temporary care provided to a mentally	92651
retarded or developmentally disabled person to sustain the family	92652
structure or to meet planned or emergency needs of the family.	92653

The department of developmental disabilities shall provide	92654
respite care services to persons with mental retardation or a	92655
developmental disability for the purpose of promoting	92656
self-sufficiency and normalization, preventing or reducing	92657
inappropriate institutional care, and furthering the unity of the	92658
family by enabling the family to meet the special needs of a	92659
mentally retarded or developmentally disabled person.	92660

In order to be eligible for respite care services under this	92661
section, the mentally retarded or developmentally disabled person	92662
must be in need of habilitation services as defined in section	92663
5126.01 of the Revised Code.	92664

Respite care may be provided in a facility licensed under	92665
section 5123.19 of the Revised Code or certified as an	92666
intermediate care facility for the mentally retarded under Title	92667
XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	92668
301, as amended, or certified as a respite care home under section	92669
5126.05 of the Revised Code.	92670

The department shall develop a system for locating vacant	92671
beds that are available for respite care and for making	92672
information on vacant beds available to users of respite care	92673
services. Facilities certified as intermediate care facilities for	92674
the mentally retarded ~~and facilities holding contracts with the~~	92675
~~department for the provision of residential services under section~~	92676
~~5123.18 of the Revised Code~~ shall report vacant beds to the	92677
department but shall not be required to accept respite care	92678
clients.	92679

The director of developmental disabilities shall adopt, and	92680
may amend or rescind, rules in accordance with Chapter 119. of the	92681
Revised Code for both of the following:	92682

(A) Certification by county boards of developmental	92683
disabilities of respite care homes;	92684

(B) Provision of respite care services authorized by this	92685
section. Rules adopted under this division shall establish all of	92686
the following:	92687

(1) A formula for distributing funds appropriated for respite	92688
care services;	92689

(2) Standards for supervision, training and quality control	92690
in the provision of respite care services;	92691

(3) Eligibility criteria for emergency respite care services.

92692

Sec. 5123.18. (A) ~~As used in this section:~~

92693

~~(1) "Contractor" means a person or government agency that~~	92694
~~enters into a contract with the department of developmental~~	92695
~~disabilities under this section.~~	92696

~~(2) "Government agency" means a state agency as defined in~~	92697
~~section 117.01 of the Revised Code or a similar agency of a~~	92698
~~political subdivision of the state.~~	92699

~~(3) "Residential services" means the services necessary for~~	92700
~~an individual with mental retardation or a developmental~~	92701
~~disability to live in the community, including room and board,~~	92702
~~clothing, transportation, personal care, habilitation,~~	92703
~~supervision, and any other services the department considers~~	92704
~~necessary for the individual to live in the community.~~	92705

~~(B)(1)~~ The department of developmental disabilities may enter	92706
into a contract with a person or government agency to provide	92707
residential services to individuals with mental retardation or	92708
developmental disabilities in need of residential ~~services.~~	92709
~~Contracts for residential services shall be of the following~~	92710
~~types:~~	92711

~~(a) Companion home contracts - contracts under which the~~	92712
~~contractor is an individual, the individual is the primary~~	92713
~~caregiver, and the individual owns or leases and resides in the~~	92714
~~home in which the services are provided.~~	92715

~~(b) Agency-operated companion home contracts - contracts~~	92716
~~under which the contractor subcontracts, for purposes of~~	92717
~~coordinating the provision of residential services, with one or~~	92718
~~more individuals who are primary caregivers and own or lease and~~	92719
~~reside in the homes in which the services are provided.~~	92720

~~(c) Community home contracts - contracts for residential~~	92721
~~services under which the contractor owns or operates a home that~~	92722
~~is used solely to provide residential services.~~	92723

~~(d) Combined agency-operated companion home and community~~	92724
~~home contracts.~~	92725

~~(2) A companion home contract shall cover not more than one~~	92726
~~home. An agency-operated companion home contract or a community~~	92727
~~home contract may cover more than one home.~~	92728

~~(C) Contracts shall be in writing and shall provide for~~	92729
~~payment to be made to the contractor at the times agreed to by the~~	92730
~~department and the contractor. Each contract shall specify the~~	92731
~~period during which it is valid, the amount to be paid for~~	92732
~~residential services, and the number of individuals for whom~~	92733
~~payment will be made. Contracts may be renewed.~~	92734

~~(D)~~services. To be eligible to enter into a contract with	92735
the department under this section, ~~the~~a person or government	92736
~~agency~~entity and the home in which the residential services are	92737
provided must meet all applicable standards for licensing or	92738
certification by the appropriate government ~~agency~~entity. In	92739
~~addition, if the residential facility is operated as a nonprofit~~	92740
~~entity, the members of the board of trustees or board of directors~~	92741
~~of the facility must not have a financial interest in or receive~~	92742
~~financial benefit from the facility, other than reimbursement for~~	92743
~~actual expenses incurred in attending board meetings.~~	92744

~~(E)(1) The department shall determine the payment amount~~	92745
~~assigned to an initial contract. To the extent that the department~~	92746
~~determines sufficient funds are available, the payment amount~~	92747
~~assigned to an initial contract shall be equal to the average~~	92748
~~amount assigned to contracts for other homes that are of the same~~	92749
~~type and size and serve individuals with similar needs, except~~	92750
~~that if an initial contract is the result of a change of~~	92751
~~contractor or ownership, the payment amount assigned to the~~	92752
~~contract shall be the lesser of the amount assigned to the~~	92753
~~previous contract or the contract's total adjusted predicted~~	92754
~~funding need calculated under division (I) of this section.~~	92755

~~(2) A renewed contract shall be assigned a payment amount in~~	92756
~~accordance with division (K) of this section.~~	92757

~~(3) When a contractor relocates a home to another site at~~	92758
~~which residential services are provided to the same individuals,~~	92759
~~the payment amount assigned to the contract for the new home shall~~	92760
~~be the payment amount assigned to the contract at the previous~~	92761
~~location.~~	92762

~~(F)(1) Annually, a contractor shall complete an assessment of~~	92763
~~each individual to whom the contractor provides residential~~	92764
~~services to predict the individual's need for routine direct~~	92765
~~services staff. The department shall establish by rule adopted in~~	92766
~~accordance with Chapter 119. of the Revised Code the assessment~~	92767
~~instrument to be used by contractors to make assessments.~~	92768
~~Assessments shall be submitted to the department not later than~~	92769
~~the thirty-first day of January of each year.~~	92770

~~A contractor shall submit a revised assessment for an~~	92771
~~individual if there is a substantial, long-term change in the~~	92772
~~nature of the individual's needs. A contractor shall submit~~	92773
~~revised assessments for all individuals receiving residential~~	92774
~~services if there is a change in the composition of the home's~~	92775
~~residents.~~	92776

~~(2) Annually, a contractor shall submit a cost report to the~~	92777
~~department specifying the costs incurred in providing residential~~	92778
~~services during the immediately preceding calendar year. Only~~	92779
~~costs actually incurred by a contractor shall be reported on a~~	92780
~~cost report. Cost reports shall be prepared according to a uniform~~	92781
~~chart of accounts approved by the department and shall be~~	92782
~~submitted on forms prescribed by the department.~~	92783

~~(3) The department shall not renew the contract held by a~~	92784
~~contractor who fails to submit the assessments or cost reports~~	92785
~~required under this division.~~	92786

~~(4) The department shall adopt rules as necessary regarding~~	92787
~~the submission of assessments and cost reports under this~~	92788
~~division. The rules shall be adopted in accordance with Chapter~~	92789
~~119. of the Revised Code.~~	92790

~~(G) Prior to renewing a contract entered into under this~~	92791
~~section, the department shall compute the contract's total~~	92792
~~predicted funding need and total adjusted predicted funding need.~~	92793
~~The department shall also compute the contract's unmet funding~~	92794
~~need if the payment amount assigned to the contract is less than~~	92795
~~the total adjusted predicted funding need. The results of these~~	92796
~~calculations shall be used to determine the payment amount~~	92797
~~assigned to the renewed contract.~~	92798

~~(H)(1) A contract's total predicted funding need is an amount~~	92799
~~equal to the sum of the predicted funding needs for the following~~	92800
~~cost categories:~~	92801

~~(a) Routine direct services staff;~~

92802

~~(b) Dietary, program supplies, and specialized staff;~~

92803

~~(c) Facility and general services;~~

92804

~~(d) Administration.~~

92805

~~(2) Based on the assessments submitted by the contractor, the~~	92806
~~department shall compute the contract's predicted funding need for~~	92807
~~the routine direct services staff cost category by multiplying the~~	92808
~~number of direct services staff predicted to be necessary for the~~	92809
~~home by the sum of the following:~~	92810

~~(a) Entry level wages paid during the immediately preceding~~	92811
~~cost reporting period to comparable staff employed by the county~~	92812
~~board of developmental disabilities of the county in which the~~	92813
~~home is located;~~	92814

~~(b) Fringe benefits and payroll taxes as determined by the~~	92815
~~department using state civil service statistics from the same~~	92816
~~period as the cost reporting period.~~	92817

~~(3) The department shall establish by rule adopted in~~	92818
~~accordance with Chapter 119. of the Revised Code the method to be~~	92819
~~used to compute the predicted funding need for the dietary,~~	92820
~~program supplies, and specialized staff cost category; the~~	92821
~~facility and general services cost category; and the~~	92822
~~administration cost category. The rules shall not establish a~~	92823
~~maximum amount that may be attributed to the dietary, program~~	92824
~~supplies, and specialized staff cost category. The rules shall~~	92825
~~establish a process for determining the combined maximum amount~~	92826
~~that may be attributed to the facility and general services cost~~	92827
~~category and the administration cost category.~~	92828

~~(I)(1) A contract's total adjusted predicted funding need is~~	92829
~~the contract's total predicted funding need with adjustments made~~	92830
~~for the following:~~	92831

~~(a) Inflation, as provided under division (I)(2) of this~~	92832
~~section;~~	92833

~~(b) The predicted cost of complying with new requirements~~	92834
~~established under federal or state law that were not taken into~~	92835
~~consideration when the total predicted funding need was computed;~~	92836

~~(c) Changes in needs based on revised assessments submitted~~	92837
~~by the contractor.~~	92838

~~(2) In adjusting the total predicted funding need for~~	92839
~~inflation, the department shall use either the consumer price~~	92840
~~index compound annual inflation rate calculated by the United~~	92841
~~States department of labor for all items or another index or~~	92842
~~measurement of inflation designated in rules that the department~~	92843
~~shall adopt in accordance with Chapter 119. of the Revised Code.~~	92844

~~When a contract is being renewed for the first time, and the~~	92845
~~contract is to begin on the first day of July, the inflation~~	92846
~~adjustment applied to the contract's total predicted funding need~~	92847
~~shall be the estimated rate of inflation for the calendar year in~~	92848
~~which the contract is renewed. If the consumer price index is~~	92849
~~being used, the department shall base its estimate on the rate of~~	92850
~~inflation calculated for the three-month period ending the~~	92851
~~thirty-first day of March of that calendar year. If another index~~	92852
~~or measurement is being used, the department shall base its~~	92853
~~estimate on the most recent calculations of the rate of inflation~~	92854
~~available under the index or measurement. Each year thereafter,~~	92855
~~the inflation adjustment shall be estimated in the same manner,~~	92856
~~except that if the estimated rate of inflation for a year is~~	92857
~~different from the actual rate of inflation for that year, the~~	92858
~~difference shall be added to or subtracted from the rate of~~	92859
~~inflation estimated for the next succeeding year.~~	92860

~~If a contract begins at any time other than July first, the~~	92861
~~inflation adjustment applied to the contract's total predicted~~	92862
~~funding need shall be determined by a method comparable to that~~	92863
~~used for contracts beginning July first. The department shall~~	92864
~~adopt rules in accordance with Chapter 119. of the Revised Code~~	92865
~~establishing the method to be used.~~	92866

~~(J) A contract's unmet funding need is the difference between~~	92867
~~the payment amount assigned to the contract and the total adjusted~~	92868
~~predicted funding need, if the payment amount assigned is less~~	92869
~~than the total adjusted predicted funding need.~~	92870

~~(K) The payment amount to be assigned to a contract being~~	92871
~~renewed shall be determined by comparing the total adjusted~~	92872
~~predicted funding need with the payment amount assigned to the~~	92873
~~current contract.~~	92874

~~(1) If the payment amount assigned to the current contract~~	92875
~~equals or exceeds the total adjusted predicted funding need, the~~	92876
~~payment amount assigned to the renewed contract shall be the same~~	92877
~~as that assigned to the current contract, unless a reduction is~~	92878
~~made pursuant to division (L) of this section.~~	92879

~~(2) If the payment amount assigned to the current contract is~~	92880
~~less than the total adjusted predicted funding need, the payment~~	92881
~~amount assigned to the renewed contract shall be increased if the~~	92882
~~department determines that funds are available for such increases.~~	92883
~~The amount of a contract's increase shall be the same percentage~~	92884
~~of the available funds that the contract's unmet funding need is~~	92885
~~of the total of the unmet funding need for all contracts.~~	92886

~~(L) When renewing a contract provided for in division (B) of~~	92887
~~this section other than a companion home contract, the department~~	92888
~~may reduce the payment amount assigned to a renewed contract if~~	92889
~~the sum of the contractor's allowable reported costs and the~~	92890
~~maximum efficiency incentive is less than ninety-one and one-half~~	92891
~~per cent of the amount received pursuant to this section during~~	92892
~~the immediately preceding contract year.~~	92893

~~The department shall adopt rules in accordance with Chapter~~	92894
~~119. of the Revised Code establishing a formula to be used in~~	92895
~~computing the maximum efficiency incentive, which shall be at~~	92896
~~least four per cent of the weighted average payment amount to be~~	92897
~~made to all contractors during the contract year. The maximum~~	92898
~~efficiency incentive shall be computed annually.~~	92899

~~(M) The department may increase the payment amount assigned~~	92900
~~to a contract based on the contract's unmet funding need at times~~	92901
~~other than when the contract is renewed. The department may~~	92902
~~develop policies for determining priorities in making such~~	92903
~~increases.~~	92904

~~(N)(1) In addition to the contracts provided for in division~~	92905
~~(B) of this section, the department may enter into the following~~	92906
~~contracts:~~	92907

~~(a) A contract to pay the cost of beginning operation of a~~	92908
~~new home that is to be funded under a companion home contract,~~	92909
~~agency-operated companion home contract, community home contract,~~	92910
~~or combined agency-operated companion home and community home~~	92911
~~contract.~~	92912

~~(b) A contract to pay the cost associated with increasing the~~	92913
~~number of individuals served by a home funded under a companion~~	92914
~~home contract, agency-operated companion home contract, community~~	92915
~~home contract, or combined agency-operated companion home and~~	92916
~~community home contract.~~	92917

~~(2) The department shall adopt rules as necessary regarding~~	92918
~~contracts entered into under this division. The rules shall be~~	92919
~~adopted in accordance with Chapter 119. of the Revised Code.~~	92920

~~(O) Except for companion home contracts, the department shall~~	92921
~~conduct a reconciliation of the amount earned under a contract and~~	92922
~~the actual costs incurred by the contractor. An amount is~~	92923
~~considered to have been earned for delivering a service at the~~	92924
~~time the service is delivered. The department shall adopt rules in~~	92925
~~accordance with Chapter 119. of the Revised Code establishing~~	92926
~~procedures for conducting reconciliations.~~	92927

~~A reconciliation shall be based on the annual cost report~~	92928
~~submitted by the contractor. If a reconciliation reveals that a~~	92929
~~contractor owes money to the state, the amount owed shall be~~	92930
~~collected in accordance with section 5123.051 of the Revised Code.~~	92931

~~When conducting reconciliations, the department shall review~~	92932
~~all reported costs that may be affected by transactions required~~	92933
~~to be reported under division (B)(3) of section 5123.172 of the~~	92934
~~Revised Code. If the department determines that such transactions~~	92935
~~have increased the cost reported by a contractor, the department~~	92936
~~may disallow or adjust the cost allowable for payment. The~~	92937
~~department shall adopt rules in accordance with Chapter 119. of~~	92938
~~the Revised Code establishing standards for disallowances or~~	92939
~~adjustments.~~	92940

~~(P) The department may audit the contracts it enters into~~	92941
~~under this section. Audits may be conducted by the department or~~	92942
~~an entity with which the department contracts to perform the~~	92943
~~audits. The department shall adopt rules in accordance with~~	92944
~~Chapter 119. of the Revised Code establishing procedures for~~	92945
~~conducting audits.~~	92946

~~An audit may include the examination of a contractor's~~	92947
~~financial books and records, the costs incurred by a contractor in~~	92948
~~providing residential services, and any other relevant information~~	92949
~~specified by the department. An audit shall not be commenced more~~	92950
~~than four years after the expiration of the contract to be~~	92951
~~audited, except in cases where the department has reasonable cause~~	92952
~~to believe that a contractor has committed fraud.~~	92953

~~If an audit reveals that a contractor owes money to the~~	92954
~~state, the amount owed, subject to an adjudication hearing under~~	92955
~~this division, shall be collected in accordance with section~~	92956
~~5123.051 of the Revised Code. If an audit reveals that a~~	92957
~~reconciliation conducted under this section resulted in the~~	92958
~~contractor erroneously paying money to the state, the department~~	92959
~~shall refund the money to the contractor, or, in lieu of making a~~	92960
~~refund, the department may offset the erroneous payment against~~	92961
~~any money determined as a result of the audit to be owed by the~~	92962
~~contractor to the state. The department is not required to pay~~	92963
~~interest on any money refunded under this division.~~	92964

~~In conducting audits or making determinations of amounts owed~~	92965
~~by a contractor and amounts to be refunded or offset, the~~	92966
~~department shall not be bound by the results of reconciliations~~	92967
~~conducted under this section, except with regard to cases~~	92968
~~involving claims that have been certified pursuant to section~~	92969
~~5123.051 of the Revised Code to the attorney general for~~	92970
~~collection for which a full and final settlement has been reached~~	92971
~~or a final judgment has been made from which all rights of appeal~~	92972
~~have expired or been exhausted.~~	92973

~~Not later than ninety days after an audit's completion, the~~	92974
~~department shall provide the contractor a copy of a report of the~~	92975
~~audit. The report shall state the findings of the audit, including~~	92976
~~the amount of any money the contractor is determined to owe the~~	92977
~~state.~~	92978

~~(Q) The department shall adopt rules specifying the amount~~	92979
~~that will be allowed under a reconciliation or audit for the cost~~	92980
~~incurred by a contractor for compensation of owners,~~	92981
~~administrators, and other personnel. The rules shall be adopted in~~	92982
~~accordance with Chapter 119. of the Revised Code.~~	92983

~~(R) Each contractor shall, for at least seven years, maintain~~	92984
~~fiscal records related to payments received pursuant to this~~	92985
~~section.~~	92986

~~(S) The department may enter into shared funding agreements~~	92987
~~with other government agencies to fund contracts entered into~~	92988
~~under this section. The amount of each agency's share of the cost~~	92989
~~shall be determined through negotiations with the department. The~~	92990
~~department's share shall not exceed the amount it would have paid~~	92991
~~without entering into the shared funding agreement, nor shall it~~	92992
~~be reduced by any amounts contributed by the other parties to the~~	92993
~~agreement.~~	92994

~~(T) Except as provided in section 5123.194 of the Revised~~	92995
~~Code, an individual who receives residential services pursuant to~~	92996
~~divisions (A) through (U) of this section and the individual's~~	92997
~~liable relatives or guardians shall pay support charges in~~	92998
~~accordance with Chapter 5121. of the Revised Code.~~	92999

~~(U) The department may make reimbursements or payments for~~	93000
~~any of the following pursuant to rules adopted under this~~	93001
~~division:~~	93002

~~(1) Unanticipated, nonrecurring costs associated with the~~	93003
~~health or habilitation of a person who resides in a home funded~~	93004
~~under a contract provided for in division (B) of this section;~~	93005

~~(2) The cost of staff development training for contractors if~~	93006
~~the director of developmental disabilities has given prior~~	93007
~~approval for the training;~~	93008

~~(3) Fixed costs that the department, pursuant to the rules,~~	93009
~~determines relate to the continued operation of a home funded~~	93010
~~under a contract provided for in division (B) of this section when~~	93011
~~a short term vacancy occurs and the contractor has diligently~~	93012
~~attempted to fill the vacancy.~~	93013

~~The department shall adopt rules in accordance with Chapter~~	93014
~~119. of the Revised Code establishing standards for use in~~	93015
~~determining which costs it may make payment or reimbursements for~~	93016
~~under this division.~~	93017

~~(V) In addition to the rules required or authorized to be~~	93018
~~adopted under this section, the department may adopt any other~~	93019
~~rules necessary to implement divisions (A) through (U) of this~~	93020
~~section. The rules shall be adopted in accordance with Chapter~~	93021
~~119. of the Revised Code.~~	93022

~~(W) The department may delegate to county boards of~~	93023
~~developmental disabilities its authority under this section to~~	93024
~~negotiate and enter into contracts or subcontracts for residential~~	93025
~~services. In the event that it elects to delegate its authority,~~	93026
~~the department shall adopt rules in accordance with Chapter 119.~~	93027
~~of the Revised Code for the boards' administration of the~~	93028
~~contracts or subcontracts. In administering the contracts or~~	93029
~~subcontracts, the boards shall be subject to all applicable~~	93030
~~provisions of Chapter 5126. of the Revised Code and shall not be~~	93031
~~subject to the provisions of divisions (A) to (V) of this section.~~	93032

~~Subject to the department's rules, a board may require the~~	93033
~~following to contribute to the cost of the residential services an~~	93034
~~individual receives pursuant to this division: the individual or~~	93035
~~the individual's estate, the individual's spouse, the individual's~~	93036
~~guardian, and, if the individual is under age eighteen, either or~~	93037
~~both of the individual's parents. Chapter 5121. of the Revised~~	93038
~~Code shall not apply to individuals or entities that are subject~~	93039
~~to making contributions under this division. In calculating~~	93040
~~contributions to be made under this division, a board, subject to~~	93041
~~the department's rules, may allow an amount to be kept for meeting~~	93042
~~the personal needs of the individual who receives residential~~	93043
~~services.~~	93044

Sec. 5123.19. (A) As used in this section and in sections	93045
5123.191, ~~5123.193,~~ 5123.194, 5123.196, 5123.197, 5123.198, and	93046
5123.20 of the Revised Code:	93047

(1)(a) "Residential facility" means a home or facility in	93048
which a mentally retarded or developmentally disabled person	93049
resides, except the home of a relative or legal guardian in which	93050
a mentally retarded or developmentally disabled person resides, a	93051
respite care home certified under section 5126.05 of the Revised	93052
Code, a county home or district home operated pursuant to Chapter	93053
5155. of the Revised Code, or a dwelling in which the only	93054
mentally retarded or developmentally disabled residents are in an	93055
independent living arrangement or are being provided supported	93056
living.	93057

(b) "Intermediate care facility for the mentally retarded"	93058
means a residential facility that is considered an intermediate	93059
care facility for the mentally retarded for the purposes of	93060
Chapter 5111. of the Revised Code.	93061

(2) "Political subdivision" means a municipal corporation,	93062
county, or township.	93063

(3) "Independent living arrangement" means an arrangement in	93064
which a mentally retarded or developmentally disabled person	93065
resides in an individualized setting chosen by the person or the	93066
person's guardian, which is not dedicated principally to the	93067
provision of residential services for mentally retarded or	93068
developmentally disabled persons, and for which no financial	93069
support is received for rendering such service from any	93070
governmental agency by a provider of residential services.	93071

(4) "Licensee" means the person or government agency that has	93072
applied for a license to operate a residential facility and to	93073
which the license was issued under this section.	93074

(5) "Related party" has the same meaning as in section	93075
5123.16 of the Revised Code except that "provider" as used in the	93076
definition of "related party" means a person or government entity	93077
that held or applied for a license to operate a residential	93078
facility, rather than a person or government entity certified to	93079
provide supported living.	93080

(B) Every person or government agency desiring to operate a	93081
residential facility shall apply for licensure of the facility to	93082
the director of developmental disabilities unless the residential	93083
facility is subject to section 3721.02, ~~3722.04~~5119.73, 5103.03,	93084
or 5119.20 of the Revised Code. Notwithstanding Chapter 3721. of	93085
the Revised Code, a nursing home that is certified as an	93086
intermediate care facility for the mentally retarded under Title	93087
XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.A.	93088
1396, as amended, shall apply for licensure of the portion of the	93089
home that is certified as an intermediate care facility for the	93090
mentally retarded.	93091

(C) Subject to section 5123.196 of the Revised Code, the	93092
director of developmental disabilities shall license the operation	93093
of residential facilities. An initial license shall be issued for	93094
a period that does not exceed one year, unless the director denies	93095
the license under division (D) of this section. A license shall be	93096
renewed for a period that does not exceed three years, unless the	93097
director refuses to renew the license under division (D) of this	93098
section. The director, when issuing or renewing a license, shall	93099
specify the period for which the license is being issued or	93100
renewed. A license remains valid for the length of the licensing	93101
period specified by the director, unless the license is	93102
terminated, revoked, or voluntarily surrendered.	93103

(D) If it is determined that an applicant or licensee is not	93104
in compliance with a provision of this chapter that applies to	93105
residential facilities or the rules adopted under such a	93106
provision, the director may deny issuance of a license, refuse to	93107
renew a license, terminate a license, revoke a license, issue an	93108
order for the suspension of admissions to a facility, issue an	93109
order for the placement of a monitor at a facility, issue an order	93110
for the immediate removal of residents, or take any other action	93111
the director considers necessary consistent with the director's	93112
authority under this chapter regarding residential facilities. In	93113
the director's selection and administration of the sanction to be	93114
imposed, all of the following apply:	93115

(1) The director may deny, refuse to renew, or revoke a	93116
license, if the director determines that the applicant or licensee	93117
has demonstrated a pattern of serious noncompliance or that a	93118
violation creates a substantial risk to the health and safety of	93119
residents of a residential facility.	93120

(2) The director may terminate a license if more than twelve	93121
consecutive months have elapsed since the residential facility was	93122
last occupied by a resident or a notice required by division (K)	93123
of this section is not given.	93124

(3) The director may issue an order for the suspension of	93125
admissions to a facility for any violation that may result in	93126
sanctions under division (D)(1) of this section and for any other	93127
violation specified in rules adopted under division (H)(2) of this	93128
section. If the suspension of admissions is imposed for a	93129
violation that may result in sanctions under division (D)(1) of	93130
this section, the director may impose the suspension before	93131
providing an opportunity for an adjudication under Chapter 119. of	93132
the Revised Code. The director shall lift an order for the	93133
suspension of admissions when the director determines that the	93134
violation that formed the basis for the order has been corrected.	93135

(4) The director may order the placement of a monitor at a	93136
residential facility for any violation specified in rules adopted	93137
under division (H)(2) of this section. The director shall lift the	93138
order when the director determines that the violation that formed	93139
the basis for the order has been corrected.	93140

(5) If the director determines that two or more residential	93141
facilities owned or operated by the same person or government	93142
entity are not being operated in compliance with a provision of	93143
this chapter that applies to residential facilities or the rules	93144
adopted under such a provision, and the director's findings are	93145
based on the same or a substantially similar action, practice,	93146
circumstance, or incident that creates a substantial risk to the	93147
health and safety of the residents, the director shall conduct a	93148
survey as soon as practicable at each residential facility owned	93149
or operated by that person or government entity. The director may	93150
take any action authorized by this section with respect to any	93151
facility found to be operating in violation of a provision of this	93152
chapter that applies to residential facilities or the rules	93153
adopted under such a provision.	93154

(6) When the director initiates license revocation	93155
proceedings, no opportunity for submitting a plan of correction	93156
shall be given. The director shall notify the licensee by letter	93157
of the initiation of the proceedings. The letter shall list the	93158
deficiencies of the residential facility and inform the licensee	93159
that no plan of correction will be accepted. The director shall	93160
also send a copy of the letter to the county board of	93161
developmental disabilities. The county board shall send a copy of	93162
the letter to each of the following:	93163

(a) Each resident who receives services from the licensee;

93164

(b) The guardian of each resident who receives services from	93165
the licensee if the resident has a guardian;	93166

(c) The parent or guardian of each resident who receives	93167
services from the licensee if the resident is a minor.	93168

(7) Pursuant to rules which shall be adopted in accordance	93169
with Chapter 119. of the Revised Code, the director may order the	93170
immediate removal of residents from a residential facility	93171
whenever conditions at the facility present an immediate danger of	93172
physical or psychological harm to the residents.	93173

(8) In determining whether a residential facility is being	93174
operated in compliance with a provision of this chapter that	93175
applies to residential facilities or the rules adopted under such	93176
a provision, or whether conditions at a residential facility	93177
present an immediate danger of physical or psychological harm to	93178
the residents, the director may rely on information obtained by a	93179
county board of developmental disabilities or other governmental	93180
agencies.	93181

(9) In proceedings initiated to deny, refuse to renew, or	93182
revoke licenses, the director may deny, refuse to renew, or revoke	93183
a license regardless of whether some or all of the deficiencies	93184
that prompted the proceedings have been corrected at the time of	93185
the hearing.	93186

(E) The director shall establish a program under which public	93187
notification may be made when the director has initiated license	93188
revocation proceedings or has issued an order for the suspension	93189
of admissions, placement of a monitor, or removal of residents.	93190
The director shall adopt rules in accordance with Chapter 119. of	93191
the Revised Code to implement this division. The rules shall	93192
establish the procedures by which the public notification will be	93193
made and specify the circumstances for which the notification must	93194
be made. The rules shall require that public notification be made	93195
if the director has taken action against the facility in the	93196
eighteen-month period immediately preceding the director's latest	93197
action against the facility and the latest action is being taken	93198
for the same or a substantially similar violation of a provision	93199
of this chapter that applies to residential facilities or the	93200
rules adopted under such a provision. The rules shall specify a	93201
method for removing or amending the public notification if the	93202
director's action is found to have been unjustified or the	93203
violation at the residential facility has been corrected.	93204

(F)(1) Except as provided in division (F)(2) of this section,	93205
appeals from proceedings initiated to impose a sanction under	93206
division (D) of this section shall be conducted in accordance with	93207
Chapter 119. of the Revised Code.	93208

(2) Appeals from proceedings initiated to order the	93209
suspension of admissions to a facility shall be conducted in	93210
accordance with Chapter 119. of the Revised Code, unless the order	93211
was issued before providing an opportunity for an adjudication, in	93212
which case all of the following apply:	93213

(a) The licensee may request a hearing not later than ten	93214
days after receiving the notice specified in section 119.07 of the	93215
Revised Code.	93216

(b) If a timely request for a hearing that includes the	93217
licensee's current address is made, the hearing shall commence not	93218
later than thirty days after the department receives the request.	93219

(c) After commencing, the hearing shall continue	93220
uninterrupted, except for Saturdays, Sundays, and legal holidays,	93221
unless other interruptions are agreed to by the licensee and the	93222
director.	93223

(d) If the hearing is conducted by a hearing examiner, the	93224
hearing examiner shall file a report and recommendations not later	93225
than ten days after the last of the following:	93226

(i) The close of the hearing;

93227

(ii) If a transcript of the proceedings is ordered, the	93228
hearing examiner receives the transcript;	93229

(iii) If post-hearing briefs are timely filed, the hearing	93230
examiner receives the briefs.	93231

(e) A copy of the written report and recommendation of the	93232
hearing examiner shall be sent, by certified mail, to the licensee	93233
and the licensee's attorney, if applicable, not later than five	93234
days after the report is filed.	93235

(f) Not later than five days after the hearing examiner files	93236
the report and recommendations, the licensee may file objections	93237
to the report and recommendations.	93238

(g) Not later than fifteen days after the hearing examiner	93239
files the report and recommendations, the director shall issue an	93240
order approving, modifying, or disapproving the report and	93241
recommendations.	93242

(h) Notwithstanding the pendency of the hearing, the director	93243
shall lift the order for the suspension of admissions when the	93244
director determines that the violation that formed the basis for	93245
the order has been corrected.	93246

(G) Neither a person or government agency whose application	93247
for a license to operate a residential facility is denied nor a	93248
related party of the person or government agency may apply for a	93249
license to operate a residential facility before the date that is	93250
one year after the date of the denial. Neither a licensee whose	93251
residential facility license is revoked nor a related party of the	93252
licensee may apply for a residential facility license before the	93253
date that is five years after the date of the revocation.	93254

(H) In accordance with Chapter 119. of the Revised Code, the	93255
director shall adopt and may amend and rescind rules for licensing	93256
and regulating the operation of residential facilities, including	93257
intermediate care facilities for the mentally retarded. The rules	93258
for intermediate care facilities for the mentally retarded may	93259
differ from those for other residential facilities. The rules	93260
shall establish and specify the following:	93261

(1) Procedures and criteria for issuing and renewing	93262
licenses, including procedures and criteria for determining the	93263
length of the licensing period that the director must specify for	93264
each license when it is issued or renewed;	93265

(2) Procedures and criteria for denying, refusing to renew,	93266
terminating, and revoking licenses and for ordering the suspension	93267
of admissions to a facility, placement of a monitor at a facility,	93268
and the immediate removal of residents from a facility;	93269

(3) Fees for issuing and renewing licenses, which shall be	93270
deposited into the program fee fund created under section 5123.033	93271
of the Revised Code;	93272

(4) Procedures for surveying residential facilities;

93273

(5) Requirements for the training of residential facility	93274
personnel;	93275

(6) Classifications for the various types of residential	93276
facilities;	93277

(7) Certification procedures for licensees and management	93278
contractors that the director determines are necessary to ensure	93279
that they have the skills and qualifications to properly operate	93280
or manage residential facilities;	93281

(8) The maximum number of persons who may be served in a	93282
particular type of residential facility;	93283

(9) Uniform procedures for admission of persons to and	93284
transfers and discharges of persons from residential facilities;	93285

(10) Other standards for the operation of residential	93286
facilities and the services provided at residential facilities;	93287

(11) Procedures for waiving any provision of any rule adopted	93288
under this section.	93289

(I) Before issuing a license, the director of the department	93290
or the director's designee shall conduct a survey of the	93291
residential facility for which application is made. The director	93292
or the director's designee shall conduct a survey of each licensed	93293
residential facility at least once during the period the license	93294
is valid and may conduct additional inspections as needed. A	93295
survey includes but is not limited to an on-site examination and	93296
evaluation of the residential facility, its personnel, and the	93297
services provided there.	93298

In conducting surveys, the director or the director's	93299
designee shall be given access to the residential facility; all	93300
records, accounts, and any other documents related to the	93301
operation of the facility; the licensee; the residents of the	93302
facility; and all persons acting on behalf of, under the control	93303
of, or in connection with the licensee. The licensee and all	93304
persons on behalf of, under the control of, or in connection with	93305
the licensee shall cooperate with the director or the director's	93306
designee in conducting the survey.	93307

Following each survey, unless the director initiates a	93308
license revocation proceeding, the director or the director's	93309
designee shall provide the licensee with a report listing any	93310
deficiencies, specifying a timetable within which the licensee	93311
shall submit a plan of correction describing how the deficiencies	93312
will be corrected, and, when appropriate, specifying a timetable	93313
within which the licensee must correct the deficiencies. After a	93314
plan of correction is submitted, the director or the director's	93315
designee shall approve or disapprove the plan. A copy of the	93316
report and any approved plan of correction shall be provided to	93317
any person who requests it.	93318

The director shall initiate disciplinary action against any	93319
department employee who notifies or causes the notification to any	93320
unauthorized person of an unannounced survey of a residential	93321
facility by an authorized representative of the department.	93322

(J) In addition to any other information which may be	93323
required of applicants for a license pursuant to this section, the	93324
director shall require each applicant to provide a copy of an	93325
approved plan for a proposed residential facility pursuant to	93326
section 5123.042 of the Revised Code. This division does not apply	93327
to renewal of a license or to an applicant for an initial or	93328
modified license who meets the requirements of section 5123.193 or	93329
5123.197 of the Revised Code.	93330

(K) A licensee shall notify the owner of the building in	93331
which the licensee's residential facility is located of any	93332
significant change in the identity of the licensee or management	93333
contractor before the effective date of the change if the licensee	93334
is not the owner of the building.	93335

Pursuant to rules which shall be adopted in accordance with	93336
Chapter 119. of the Revised Code, the director may require	93337
notification to the department of any significant change in the	93338
ownership of a residential facility or in the identity of the	93339
licensee or management contractor. If the director determines that	93340
a significant change of ownership is proposed, the director shall	93341
consider the proposed change to be an application for development	93342
by a new operator pursuant to section 5123.042 of the Revised Code	93343
and shall advise the applicant within sixty days of the	93344
notification that the current license shall continue in effect or	93345
a new license will be required pursuant to this section. If the	93346
director requires a new license, the director shall permit the	93347
facility to continue to operate under the current license until	93348
the new license is issued, unless the current license is revoked,	93349
refused to be renewed, or terminated in accordance with Chapter	93350
119. of the Revised Code.	93351

(L) A county board of developmental disabilities~~, the legal~~	93352
~~rights service,~~ and any interested person may file complaints	93353
alleging violations of statute or department rule relating to	93354
residential facilities with the department. All complaints shall	93355
be in writing and shall state the facts constituting the basis of	93356
the allegation. The department shall not reveal the source of any	93357
complaint unless the complainant agrees in writing to waive the	93358
right to confidentiality or until so ordered by a court of	93359
competent jurisdiction.	93360

The department shall adopt rules in accordance with Chapter	93361
119. of the Revised Code establishing procedures for the receipt,	93362
referral, investigation, and disposition of complaints filed with	93363
the department under this division.	93364

(M) The department shall establish procedures for the	93365
notification of interested parties of the transfer or interim care	93366
of residents from residential facilities that are closing or are	93367
losing their license.	93368

(N) Before issuing a license under this section to a	93369
residential facility that will accommodate at any time more than	93370
one mentally retarded or developmentally disabled individual, the	93371
director shall, by first class mail, notify the following:	93372

(1) If the facility will be located in a municipal	93373
corporation, the clerk of the legislative authority of the	93374
municipal corporation;	93375

(2) If the facility will be located in unincorporated	93376
territory, the clerk of the appropriate board of county	93377
commissioners and the fiscal officer of the appropriate board of	93378
township trustees.	93379

The director shall not issue the license for ten days after	93380
mailing the notice, excluding Saturdays, Sundays, and legal	93381
holidays, in order to give the notified local officials time in	93382
which to comment on the proposed issuance.	93383

Any legislative authority of a municipal corporation, board	93384
of county commissioners, or board of township trustees that	93385
receives notice under this division of the proposed issuance of a	93386
license for a residential facility may comment on it in writing to	93387
the director within ten days after the director mailed the notice,	93388
excluding Saturdays, Sundays, and legal holidays. If the director	93389
receives written comments from any notified officials within the	93390
specified time, the director shall make written findings	93391
concerning the comments and the director's decision on the	93392
issuance of the license. If the director does not receive written	93393
comments from any notified local officials within the specified	93394
time, the director shall continue the process for issuance of the	93395
license.	93396

(O) Any person may operate a licensed residential facility	93397
that provides room and board, personal care, habilitation	93398
services, and supervision in a family setting for at least six but	93399
not more than eight persons with mental retardation or a	93400
developmental disability as a permitted use in any residential	93401
district or zone, including any single-family residential district	93402
or zone, of any political subdivision. These residential	93403
facilities may be required to comply with area, height, yard, and	93404
architectural compatibility requirements that are uniformly	93405
imposed upon all single-family residences within the district or	93406
zone.	93407

(P) Any person may operate a licensed residential facility	93408
that provides room and board, personal care, habilitation	93409
services, and supervision in a family setting for at least nine	93410
but not more than sixteen persons with mental retardation or a	93411
developmental disability as a permitted use in any multiple-family	93412
residential district or zone of any political subdivision, except	93413
that a political subdivision that has enacted a zoning ordinance	93414
or resolution establishing planned unit development districts may	93415
exclude these residential facilities from those districts, and a	93416
political subdivision that has enacted a zoning ordinance or	93417
resolution may regulate these residential facilities in	93418
multiple-family residential districts or zones as a conditionally	93419
permitted use or special exception, in either case, under	93420
reasonable and specific standards and conditions set out in the	93421
zoning ordinance or resolution to:	93422

(1) Require the architectural design and site layout of the	93423
residential facility and the location, nature, and height of any	93424
walls, screens, and fences to be compatible with adjoining land	93425
uses and the residential character of the neighborhood;	93426

(2) Require compliance with yard, parking, and sign	93427
regulation;	93428

(3) Limit excessive concentration of these residential	93429
facilities.	93430

(Q) This section does not prohibit a political subdivision	93431
from applying to residential facilities nondiscriminatory	93432
regulations requiring compliance with health, fire, and safety	93433
regulations and building standards and regulations.	93434

(R) Divisions (O) and (P) of this section are not applicable	93435
to municipal corporations that had in effect on June 15, 1977, an	93436
ordinance specifically permitting in residential zones licensed	93437
residential facilities by means of permitted uses, conditional	93438
uses, or special exception, so long as such ordinance remains in	93439
effect without any substantive modification.	93440

(S)(1) The director may issue an interim license to operate a	93441
residential facility to an applicant for a license under this	93442
section if either of the following is the case:	93443

(a) The director determines that an emergency exists	93444
requiring immediate placement of persons in a residential	93445
facility, that insufficient licensed beds are available, and that	93446
the residential facility is likely to receive a permanent license	93447
under this section within thirty days after issuance of the	93448
interim license.	93449

(b) The director determines that the issuance of an interim	93450
license is necessary to meet a temporary need for a residential	93451
facility.	93452

(2) To be eligible to receive an interim license, an	93453
applicant must meet the same criteria that must be met to receive	93454
a permanent license under this section, except for any differing	93455
procedures and time frames that may apply to issuance of a	93456
permanent license.	93457

(3) An interim license shall be valid for thirty days and may	93458
be renewed by the director for a period not to exceed one hundred	93459
fifty days.	93460

(4) The director shall adopt rules in accordance with Chapter	93461
119. of the Revised Code as the director considers necessary to	93462
administer the issuance of interim licenses.	93463

(T) Notwithstanding rules adopted pursuant to this section	93464
establishing the maximum number of persons who may be served in a	93465
particular type of residential facility, a residential facility	93466
shall be permitted to serve the same number of persons being	93467
served by the facility on the effective date of the rules or the	93468
number of persons for which the facility is authorized pursuant to	93469
a current application for a certificate of need with a letter of	93470
support from the department of developmental disabilities and	93471
which is in the review process prior to April 4, 1986.	93472

(U) The director or the director's designee may enter at any	93473
time, for purposes of investigation, any home, facility, or other	93474
structure that has been reported to the director or that the	93475
director has reasonable cause to believe is being operated as a	93476
residential facility without a license issued under this section.	93477

The director may petition the court of common pleas of the	93478
county in which an unlicensed residential facility is located for	93479
an order enjoining the person or governmental agency operating the	93480
facility from continuing to operate without a license. The court	93481
may grant the injunction on a showing that the person or	93482
governmental agency named in the petition is operating a	93483
residential facility without a license. The court may grant the	93484
injunction, regardless of whether the residential facility meets	93485
the requirements for receiving a license under this section.	93486

Sec. 5123.191. (A) The court of common pleas or a judge	93487
thereof in the judge's county, or the probate court, may appoint a	93488
receiver to take possession of and operate a residential facility	93489
licensed by the department of developmental disabilities, in	93490
causes pending in such courts respectively, when conditions	93491
existing at the facility present a substantial risk of physical or	93492
mental harm to residents and no other remedies at law are adequate	93493
to protect the health, safety, and welfare of the residents.	93494
Conditions at the facility that may present such risk of harm	93495
include, but are not limited to, instances when any of the	93496
following occur:	93497

(1) The residential facility is in violation of state or	93498
federal law or regulations.	93499

(2) The facility has had its license revoked or procedures	93500
for revocation have been initiated, or the facility is closing or	93501
intends to cease operations.	93502

(3) Arrangements for relocating residents need to be made.

93503

(4) Insolvency of the operator, licensee, or landowner	93504
threatens the operation of the facility.	93505

(5) The facility or operator has demonstrated a pattern and	93506
practice of repeated violations of state or federal laws or	93507
regulations.	93508

(B) A court in which a petition is filed pursuant to this	93509
section shall notify the person holding the license for the	93510
facility and the department of developmental disabilities of the	93511
filing. The court shall order the department to notify the ~~legal~~	93512
~~rights service,~~ facility owner, facility operator, county board of	93513
developmental disabilities, facility residents, and residents'	93514
parents and guardians of the filing of the petition.	93515

The court shall provide a hearing on the petition within five	93516
court days of the time it was filed, except that the court may	93517
appoint a receiver prior to that time if it determines that the	93518
circumstances necessitate such action. Following a hearing on the	93519
petition, and upon a determination that the appointment of a	93520
receiver is warranted, the court shall appoint a receiver and	93521
notify the department of developmental disabilities and	93522
appropriate persons of this action.	93523

(C) A residential facility for which a receiver has been	93524
named is deemed to be in compliance with section 5123.19 and	93525
Chapter 3721. of the Revised Code for the duration of the	93526
receivership.	93527

(D) When the operating revenue of a residential facility in	93528
receivership is insufficient to meet its operating expenses,	93529
including the cost of bringing the facility into compliance with	93530
state or federal laws or regulations, the court may order the	93531
state to provide necessary funding, except as provided in division	93532
(K) of this section. The state shall provide such funding, subject	93533
to the approval of the controlling board. The court may also order	93534
the appropriate authorities to expedite all inspections necessary	93535
for the issuance of licenses or the certification of a facility,	93536
and order a facility to be closed if it determines that reasonable	93537
efforts cannot bring the facility into substantial compliance with	93538
the law.	93539

(E) In establishing a receivership, the court shall set forth	93540
the powers and duties of the receiver. The court may generally	93541
authorize the receiver to do all that is prudent and necessary to	93542
safely and efficiently operate the residential facility within the	93543
requirements of state and federal law, but shall require the	93544
receiver to obtain court approval prior to making any single	93545
expenditure of more than five thousand dollars to correct	93546
deficiencies in the structure or furnishings of a facility. The	93547
court shall closely review the conduct of the receiver it has	93548
appointed and shall require regular and detailed reports. The	93549
receivership shall be reviewed at least every sixty days.	93550

(F) A receivership established pursuant to this section shall	93551
be terminated, following notification of the appropriate parties	93552
and a hearing, if the court determines either of the following:	93553

(1) The residential facility has been closed and the former	93554
residents have been relocated to an appropriate facility.	93555

(2) Circumstances no longer exist at the facility that	93556
present a substantial risk of physical or mental harm to	93557
residents, and there is no deficiency in the facility that is	93558
likely to create a future risk of harm.	93559

Notwithstanding division (F)(2) of this section, the court	93560
shall not terminate a receivership for a residential facility that	93561
has previously operated under another receivership unless the	93562
responsibility for the operation of the facility is transferred to	93563
an operator approved by the court and the department of	93564
developmental disabilities.	93565

(G) The department of developmental disabilities may, upon	93566
its own initiative or at the request of an owner, operator, or	93567
resident of a residential facility, or at the request of a	93568
resident's guardian or relative,or a county board of	93569
developmental disabilities~~, or the legal rights service~~, petition	93570
the court to appoint a receiver to take possession of and operate	93571
a residential facility. When the department has been requested to	93572
file a petition by any of the parties listed above, it shall,	93573
within forty-eight hours of such request, either file such a	93574
petition or notify the requesting party of its decision not to	93575
file. If the department refuses to file, the requesting party may	93576
file a petition with the court requesting the appointment of a	93577
receiver to take possession of and operate a residential facility.	93578

Petitions filed pursuant to this division shall include the	93579
following:	93580

(1) A description of the specific conditions existing at the	93581
facility which present a substantial risk of physical or mental	93582
harm to residents;	93583

(2) A statement of the absence of other adequate remedies at	93584
law;	93585

(3) The number of individuals residing at the facility;

93586

(4) A statement that the facts have been brought to the	93587
attention of the owner or licensee and that conditions have not	93588
been remedied within a reasonable period of time or that the	93589
conditions, though remedied periodically, habitually exist at the	93590
facility as a pattern or practice;	93591

(5) The name and address of the person holding the license	93592
for the facility and the address of the department of	93593
developmental disabilities.	93594

The court may award to an operator appropriate costs and	93595
expenses, including reasonable attorney's fees, if it determines	93596
that a petitioner has initiated a proceeding in bad faith or	93597
merely for the purpose of harassing or embarrassing the operator.	93598

(H) Except for the department of developmental disabilities	93599
or a county board of developmental disabilities, no party or	93600
person interested in an action shall be appointed a receiver	93601
pursuant to this section.	93602

To assist the court in identifying persons qualified to be	93603
named as receivers, the director of developmental disabilities or	93604
the director's designee shall maintain a list of the names of such	93605
persons. The director shall, in accordance with Chapter 119. of	93606
the Revised Code, establish standards for evaluating persons	93607
desiring to be included on such a list.	93608

(I) Before a receiver enters upon the duties of that person,	93609
the receiver must be sworn to perform the duties of receiver	93610
faithfully, and, with surety approved by the court, judge, or	93611
clerk, execute a bond to such person, and in such sum as the court	93612
or judge directs, to the effect that such receiver will faithfully	93613
discharge the duties of receiver in the action, and obey the	93614
orders of the court therein.	93615

(J) Under the control of the appointing court, a receiver may	93616
bring and defend actions in the receiver's own name as receiver	93617
and take and keep possession of property.	93618

The court shall authorize the receiver to do the following:

93619

(1) Collect payment for all goods and services provided to	93620
the residents or others during the period of the receivership at	93621
the same rate as was charged by the licensee at the time the	93622
petition for receivership was filed, unless a different rate is	93623
set by the court;	93624

(2) Honor all leases, mortgages, and secured transactions	93625
governing all buildings, goods, and fixtures of which the receiver	93626
has taken possession and continues to use, subject to the	93627
following conditions:	93628

(a) In the case of a rental agreement, only to the extent of	93629
payments that are for the use of the property during the period of	93630
the receivership;	93631

(b) In the case of a purchase agreement only to the extent of	93632
payments that come due during the period of the receivership;	93633

~~(c) If the court determines that the cost of the lease,~~	93634
~~mortgage, or secured transaction was increased by a transaction~~	93635
~~required to be reported under division (B)(3) of section 5123.172~~	93636
~~of the Revised Code, only to the extent determined by the court to~~	93637
~~be the fair market value for use of the property during the period~~	93638
~~of the receivership~~.	93639

(3) If transfer of residents is necessary, provide for the	93640
orderly transfer of residents by doing the following:	93641

(a) Cooperating with all appropriate state and local agencies	93642
in carrying out the transfer of residents to alternative community	93643
placements;	93644

(b) Providing for the transportation of residents' belongings	93645
and records;	93646

(c) Helping to locate alternative placements and develop	93647
discharge plans;	93648

(d) Preparing residents for the trauma of discharge;

93649

(e) Permitting residents or guardians to participate in	93650
transfer or discharge planning except when an emergency exists and	93651
immediate transfer is necessary.	93652

(4) Make periodic reports on the status of the residential	93653
program to the appropriate state agency, county board of	93654
developmental disabilities, parents, guardians, and residents;	93655

(5) Compromise demands or claims;

93656

(6) Generally do such acts respecting the residential	93657
facility as the court authorizes.	93658

(K) Neither the receiver nor the department of developmental	93659
disabilities is liable for debts incurred by the owner or operator	93660
of a residential facility for which a receiver has been appointed.	93661

(L) The department of developmental disabilities may contract	93662
for the operation of a residential facility in receivership. The	93663
department shall establish the conditions of a contract. A	93664
~~condition may be the same as, similar to, or different from a~~	93665
~~condition established by section 5123.18 of the Revised Code and~~	93666
~~the rules adopted under that section for a contract entered into~~	93667
~~under that section.~~ Notwithstanding any other provision of law,	93668
contracts that are necessary to carry out the powers and duties of	93669
the receiver need not be competitively bid.	93670

(M) The department of developmental disabilities, the	93671
department of job and family services, and the department of	93672
health shall provide technical assistance to any receiver	93673
appointed pursuant to this section.	93674

Sec. 5123.194. In the case of an individual who resides in a	93675
residential facility and is preparing to move into an independent	93676
living arrangement and the individual's liable relative, the	93677
department of developmental disabilities may waive the support	93678
collection requirements of sections 5121.04,and 5123.122~~, and~~	93679
~~5123.18~~ of the Revised Code for the purpose of allowing income or	93680
resources to be used to acquire items necessary for independent	93681
living. The department shall adopt rules in accordance with	93682
section 111.15 of the Revised Code to implement this section,	93683
including rules that establish the method the department shall use	93684
to determine when an individual is preparing to move into an	93685
independent living arrangement.	93686

Sec. 5123.35. (A) There is hereby created the Ohio	93687
developmental disabilities council, which shall serve as an	93688
advocate for all persons with developmental disabilities. The	93689
council shall act in accordance with the "Developmental	93690
Disabilities Assistance and Bill of Rights Act," 98 Stat. 2662	93691
(1984), 42 U.S.C. 6001, as amended. The governor shall appoint the	93692
members of the council in accordance with 42 U.S.C. 6024.	93693

(B) The Ohio developmental disabilities council shall develop	93694
the state plan required by federal law as a condition of receiving	93695
federal assistance under 42 U.S.C. 6021 to 6030. The department of	93696
developmental disabilities, as the state agency selected by the	93697
governor for purposes of receiving the federal assistance, shall	93698
receive, account for, and disburse funds based on the state plan	93699
and shall provide assurances and other administrative support	93700
services required as a condition of receiving the federal	93701
assistance.	93702

(C) The federal funds may be disbursed through grants to or	93703
contracts with persons and government agencies for the provision	93704
of necessary or useful goods and services for developmentally	93705
disabled persons. The Ohio developmental disabilities council may	93706
award the grants or enter into the contracts.	93707

(D) The Ohio developmental disabilities council may award	93708
grants to or enter into contracts with a member of the council or	93709
an entity that the member represents if all of the following	93710
apply:	93711

(1) The member serves on the council as a representative of	93712
one of the principal state agencies concerned with services for	93713
persons with developmental disabilities as specified in 42 U.S.C.	93714
6024(b)(3), a representative of a university affiliated program as	93715
defined in 42 U.S.C. 6001(18), or a representative of the ~~legal~~	93716
~~rights service created under~~Ohio protection and advocacy system,	93717
as defined in section 5123.60 of the Revised Code.	93718

(2) The council determines that the member or the entity the	93719
member represents is capable of providing the goods or services	93720
specified under the terms of the grant or contract.	93721

(3) The member has not taken part in any discussion or vote	93722
of the council related to awarding the grant or entering into the	93723
contract, including service as a member of a review panel	93724
established by the council to award grants or enter into contracts	93725
or to make recommendations with regard to awarding grants or	93726
entering into contracts.	93727

(E) A member of the Ohio developmental disabilities council	93728
is not in violation of Chapter 102. or section 2921.42 of the	93729
Revised Code with regard to receiving a grant or entering into a	93730
contract under this section if the requirements of division (D) of	93731
this section have been met.	93732

Sec. 5123.352. There is hereby created in the state treasury	93733
the community developmental disabilities trust fund. The director	93734
of developmental disabilities, not later than sixty days after the	93735
end of each fiscal year, shall certify to the director of budget	93736
and management the amount of all the unexpended, unencumbered	93737
balances of general revenue fund appropriations made to the	93738
department of developmental disabilities for the fiscal year,	93739
excluding appropriations for rental payments to the Ohio public	93740
facilities commission, and the amount of any other funds held by	93741
the department in excess of amounts necessary to meet the	93742
department's operating costs and obligations pursuant to this	93743
chapter and Chapter 5126. of the Revised Code. On receipt of the	93744
certification, the director of budget and management shall	93745
transfer cash to the trust fund in an amount up to, but not	93746
exceeding, the total of the amounts certified by the director of	93747
developmental disabilities, except in cases in which the transfer	93748
will involve more than twenty million dollars. In such cases, the	93749
director of budget and management shall notify the controlling	93750
board and must receive the board's approval of the transfer prior	93751
to making the transfer.	93752

All moneys in the trust fund shall be ~~distributed~~used for	93753
purposes specified in ~~accordance with~~ section ~~5126.19~~5123.0418	93754
of the Revised Code.	93755

Sec. 5123.45. (A) The department of developmental	93756
disabilities shall establish a program under which the department	93757
issues certificates to the following:	93758

(1) MR/DD personnel, for purposes of meeting the requirement	93759
of division (C)(1) of section 5123.42 of the Revised Code to	93760
obtain a certificate or certificates to administer prescribed	93761
medications, perform health-related activities, and perform tube	93762
feedings;	93763

(2) Registered nurses, for purposes of meeting the	93764
requirement of division (B)(1) of section 5123.441 of the Revised	93765
Code to obtain a certificate or certificates to provide the MR/DD	93766
personnel training courses developed under section 5123.43 of the	93767
Revised Code.	93768

(B)(1) Except as provided in division (B)(2) of this section,	93769
to receive a certificate issued under this section, MR/DD	93770
personnel and registered nurses shall successfully complete the	93771
applicable training course or courses and meet all other	93772
applicable requirements established in rules adopted pursuant to	93773
this section. The department shall issue the appropriate	93774
certificate or certificates to MR/DD personnel and registered	93775
nurses who meet the requirements for the certificate or	93776
certificates.	93777

(2) The department shall include provisions in the program	93778
for issuing certificates to ~~the following:~~	93779

~~(a)~~ MR/DD personnel and registered nurses who~~, on March 31,~~	93780
~~2003, are authorized to provide care to individuals with mental~~	93781
~~retardation and developmental disabilities pursuant to section~~	93782
~~5123.193 or sections 5126.351 to 5126.354 of the Revised Code~~were	93783
required to be included in the certificate program pursuant to	93784
division (B)(2) of this section as that division existed	93785
immediately before the effective date of this amendment. ~~A person~~	93786
MR/DD personnel who ~~receives~~receive a certificate under division	93787
(B)(2)~~(a)~~ of this section shall not administer insulin until ~~the~~	93788
~~person has~~they have been trained by a registered nurse who has	93789
received a certificate under this section that allows the	93790
registered nurse to provide training courses to MR/DD personnel in	93791
the administration of insulin.	93792

~~(b) Registered nurses who, on March 31, 2003, are authorized~~	93793
~~to train MR/DD personnel to provide care to individuals with~~	93794
~~mental retardation and developmental disabilities pursuant to~~	93795
~~section 5123.193 or sections 5126.351 to 5126.354 of the Revised~~	93796
~~Code~~. A registered nurse who receives a certificate under division	93797
(B)(2)~~(b)~~ of this section shall not provide training courses to	93798
MR/DD personnel in the administration of insulin unless the	93799
registered nurse completes a course developed under section	93800
5123.44 of the Revised Code that enables the registered nurse to	93801
receive a certificate to provide training courses to MR/DD	93802
personnel in the administration of insulin.	93803

(C) Certificates issued to MR/DD personnel are valid for one	93804
year and may be renewed. Certificates issued to registered nurses	93805
are valid for two years and may be renewed.	93806

To be eligible for renewal, MR/DD personnel and registered	93807
nurses shall meet the applicable continued competency requirements	93808
and continuing education requirements specified in rules adopted	93809
under division (D) of this section. In the case of registered	93810
nurses, continuing nursing education completed in compliance with	93811
the license renewal requirements established under Chapter 4723.	93812
of the Revised Code may be counted toward meeting the continuing	93813
education requirements established in the rules adopted under	93814
division (D) of this section.	93815

(D) In accordance with section 5123.46 of the Revised Code,	93816
the department shall adopt rules that establish all of the	93817
following:	93818

(1) Requirements that MR/DD personnel and registered nurses	93819
must meet to be eligible to take a training course;	93820

(2) Standards that must be met to receive a certificate,	93821
including requirements pertaining to an applicant's criminal	93822
background;	93823

(3) Procedures to be followed in applying for a certificate	93824
and issuing a certificate;	93825

(4) Standards and procedures for renewing a certificate,	93826
including requirements for continuing education and, in the case	93827
of MR/DD personnel who administer prescribed medications,	93828
standards that require successful demonstration of proficiency in	93829
administering prescribed medications;	93830

(5) Standards and procedures for suspending or revoking a	93831
certificate;	93832

(6) Standards and procedures for suspending a certificate	93833
without a hearing pending the outcome of an investigation;	93834

(7) Any other standards or procedures the department	93835
considers necessary to administer the certification program.	93836

Sec. 5123.60. (A) As used in this section and section	93837
5123.601 of the Revised Code, "Ohio protection and advocacy	93838
system" means the nonprofit entity designated by the governor in	93839
accordance with H.B. 153 of the 129th general assembly to serve as	93840
the state's protection and advocacy system and client assistance	93841
program.	93842

(B) The Ohio protection and advocacy system shall provide	93843
both of the following:	93844

(1) Advocacy services for people with disabilities, as	93845
provided under section 101 of the "Developmental Disabilities	93846
Assistance and Bill of Rights Act of 2000," 114 Stat. 1678 (2000),	93847
42 U.S.C. 15001;	93848

(2) A client assistance program, as provided under section	93849
112 of the "Workforce Investment Act of 1998," 112 Stat. 1163	93850
(1998), 29 U.S.C. 732, as amended.	93851

(C) The Ohio protection and advocacy system may establish any	93852
guidelines necessary for its operation.	93853

~~Sec. 5123.60.~~ Sec. 5123.601. (A) ~~A legal rights service is hereby~~	93854
~~created and established to protect and advocate the rights of~~	93855
~~mentally ill persons, mentally retarded persons, developmentally~~	93856
~~disabled persons, and other disabled persons who may be~~	93857
~~represented by the service pursuant to division (L) of this~~	93858
~~section; to receive and act upon complaints concerning~~	93859
~~institutional and hospital practices and conditions of~~	93860
~~institutions for mentally retarded or developmentally disabled~~	93861
~~persons and hospitals for the mentally ill; and to assure that all~~	93862
~~persons detained, hospitalized, discharged, or institutionalized,~~	93863
~~and all persons whose detention, hospitalization, discharge, or~~	93864
~~institutionalization is sought or has been sought under this~~	93865
~~chapter or Chapter 5122. of the Revised Code are fully informed of~~	93866
~~their rights and adequately represented by counsel in proceedings~~	93867
~~under this chapter or Chapter 5122. of the Revised Code and in any~~	93868
~~proceedings to secure the rights of those persons. Notwithstanding~~	93869
~~the definitions of "mentally retarded person" and "developmentally~~	93870
~~disabled person" in section 5123.01 of the Revised Code, the legal~~	93871
~~rights service shall determine who is a mentally retarded or~~	93872
~~developmentally disabled person for purposes of this section and~~	93873
~~sections 5123.601 to 5123.604 of the Revised Code.~~	93874

~~(B)(1) In regard to those persons detained, hospitalized, or~~	93875
~~institutionalized under Chapter 5122. of the Revised Code, the~~	93876
~~legal rights service shall undertake formal representation only of~~	93877
~~those persons who are involuntarily detained, hospitalized, or~~	93878
~~institutionalized pursuant to sections 5122.10 to 5122.15 of the~~	93879
~~Revised Code, and those voluntarily detained, hospitalized, or~~	93880
~~institutionalized who are minors, who have been adjudicated~~	93881
~~incompetent, who have been detained, hospitalized, or~~	93882
~~institutionalized in a public hospital, or who have requested~~	93883
~~representation by the legal rights service.~~	93884

~~(2) If a person referred to in division (A) of this section~~	93885
~~voluntarily requests in writing that the legal rights service~~	93886
~~terminate participation in the person's case, such involvement~~	93887
~~shall cease.~~	93888

~~(3) Persons described in divisions (A) and (B)(1) of this~~	93889
~~section who are represented by the legal rights service are~~	93890
~~clients of the legal rights service.~~	93891

~~(C) Any person voluntarily hospitalized or institutionalized~~	93892
~~in a public hospital under division (A) of section 5122.02 of the~~	93893
~~Revised Code, after being fully informed of the person's rights~~	93894
~~under division (A) of this section, may, by written request, waive~~	93895
~~assistance by the legal rights service if the waiver is knowingly~~	93896
~~and intelligently made, without duress or coercion.~~	93897

~~The waiver may be rescinded at any time by the voluntary~~	93898
~~patient or resident, or by the voluntary patient's or resident's~~	93899
~~legal guardian.~~	93900

~~(D)(1) The legal rights service commission is hereby created~~	93901
~~for the purposes of appointing an administrator of the legal~~	93902
~~rights service, advising the administrator, assisting the~~	93903
~~administrator in developing a budget, advising the administrator~~	93904
~~in establishing and annually reviewing a strategic plan, creating~~	93905
~~a procedure for filing and determination of grievances against the~~	93906
~~legal rights service, and establishing general policy guidelines,~~	93907
~~including guidelines for the commencement of litigation, for the~~	93908
~~legal rights service. The commission may adopt rules to carry~~	93909
~~these purposes into effect and may receive and act upon appeals of~~	93910
~~personnel decisions by the administrator.~~	93911

~~(2) The commission shall consist of seven members. One~~	93912
~~member, who shall serve as chairperson, shall be appointed by the~~	93913
~~chief justice of the supreme court, three members shall be~~	93914
~~appointed by the speaker of the house of representatives, and~~	93915
~~three members shall be appointed by the president of the senate.~~	93916
~~At least two members shall have experience in the field of~~	93917
~~developmental disabilities, and at least two members shall have~~	93918
~~experience in the field of mental health. No member shall be a~~	93919
~~provider or related to a provider of services to mentally~~	93920
~~retarded, developmentally disabled, or mentally ill persons.~~	93921

~~(3) Terms of office of the members of the commission shall be~~	93922
~~for three years, each term ending on the same day of the month of~~	93923
~~the year as did the term which it succeeds. Each member shall~~	93924
~~serve subsequent to the expiration of the member's term until a~~	93925
~~successor is appointed and qualifies, or until sixty days has~~	93926
~~elapsed, whichever occurs first. No member shall serve more than~~	93927
~~two consecutive terms.~~	93928

~~All vacancies in the membership of the commission shall be~~	93929
~~filled in the manner prescribed for regular appointments to the~~	93930
~~commission and shall be limited to the unexpired terms.~~	93931

~~(4) The commission shall meet at least four times each year.~~	93932
~~Members shall be reimbursed for their necessary and actual~~	93933
~~expenses incurred in the performance of their official duties.~~	93934

~~(5) The administrator of the legal rights service shall serve~~	93935
~~at the pleasure of the commission.~~	93936

~~The administrator shall be an attorney admitted to practice~~	93937
~~law in this state. The salary of the administrator shall be~~	93938
~~established in accordance with section 124.14 of the Revised Code.~~	93939

~~(E) The legal rights service shall be completely independent~~	93940
~~of the department of mental health and the department of~~	93941
~~developmental disabilities and, notwithstanding section 109.02 of~~	93942
~~the Revised Code, shall also be independent of the office of the~~	93943
~~attorney general.~~ The ~~administrator of the legal rights service~~	93944
Ohio protection and advocacy system, staff, and attorneys	93945
designated by the ~~administrator~~system to represent persons	93946
detained, hospitalized, or institutionalized under this chapter or	93947
Chapter 5122. of the Revised Code shall have ready access to all	93948
of the following:	93949

(1) During normal business hours and at other reasonable	93950
times, all records, except records of community residential	93951
facilities and records of contract agencies of county boards of	93952
developmental disabilities and boards of alcohol, drug addiction,	93953
and mental health services, relating to expenditures of state and	93954
federal funds or to the commitment, care, treatment, and	93955
habilitation of all persons represented by the ~~legal rights~~	93956
~~service~~Ohio protection and advocacy system, including those who	93957
may be represented pursuant to division ~~(L)~~(D) of this section, or	93958
persons detained, hospitalized, institutionalized, or receiving	93959
services under this chapter or Chapter 340., 5119., 5122., or	93960
5126. of the Revised Code that are records maintained by the	93961
following entities providing services for those persons:	93962
departments; institutions; hospitals; boards of alcohol, drug	93963
addiction, and mental health services; county boards of	93964
developmental disabilities; and any other entity providing	93965
services to persons who may be represented by the ~~service~~Ohio	93966
protection and advocacy system pursuant to division ~~(L)~~(D) of this	93967
section;	93968

(2) Any records maintained in computerized data banks of the	93969
departments or boards or, in the case of persons who may be	93970
represented by the ~~service~~Ohio protection and advocacy system	93971
pursuant to division ~~(L)~~(D) of this section, any other entity that	93972
provides services to those persons;	93973

(3) During their normal working hours, personnel of the	93974
departments, facilities, boards, agencies, institutions,	93975
hospitals, and other service-providing entities;	93976

(4) At any time, all persons detained, hospitalized, or	93977
institutionalized; persons receiving services under this chapter	93978
or Chapter 340., 5119., 5122., or 5126. of the Revised Code; and	93979
persons who may be represented by the ~~service~~Ohio protection and	93980
advocacy system pursuant to division ~~(L)~~(D) of this section.	93981

(5) Records of a community residential facility, a contract	93982
agency of a board of alcohol, drug addiction, and mental health	93983
services, or a contract agency of a county board of developmental	93984
disabilities with one of the following consents:	93985

(a) The consent of the person, including when the person is a	93986
minor or has been adjudicated incompetent;	93987

(b) The consent of the person's guardian of the person, if	93988
any, or the parent if the person is a minor;	93989

(c) No consent, if the person is unable to consent for any	93990
reason, and the guardian of the person, if any, or the parent of	93991
the minor, has refused to consent or has not responded to a	93992
request for consent and either of the following has occurred:	93993

(i) A complaint regarding the person has been received by the	93994
~~legal rights service~~Ohio protection and advocacy system;	93995

(ii) The ~~legal rights service~~Ohio protection and advocacy	93996
system has determined that there is probable cause to believe that	93997
such person has been subjected to abuse or neglect.	93998

~~(F) The administrator of the legal rights service shall do~~	93999
~~the following:~~	94000

~~(1) Administer and organize the work of the legal rights~~	94001
~~service and establish administrative or geographic divisions as~~	94002
~~the administrator considers necessary, proper, and expedient;~~	94003

~~(2) Adopt and promulgate rules that are not in conflict with~~	94004
~~rules adopted by the commission and prescribe duties for the~~	94005
~~efficient conduct of the business and general administration of~~	94006
~~the legal rights service;~~	94007

~~(3) Appoint and discharge employees, and hire experts,~~	94008
~~consultants, advisors, or other professionally qualified persons~~	94009
~~as the administrator considers necessary to carry out the duties~~	94010
~~of the legal rights service;~~	94011

~~(4) Apply for and accept grants of funds, and accept~~	94012
~~charitable gifts and bequests;~~	94013

~~(5) Prepare and submit a budget to the general assembly for~~	94014
~~the operation of the legal rights service. At least thirty days~~	94015
~~prior to submitting the budget to the general assembly, the~~	94016
~~administrator shall provide a copy of the budget to the commission~~	94017
~~for review and comment. When submitting the budget to the general~~	94018
~~assembly, the administrator shall include a copy of any written~~	94019
~~comments returned by the commission to the administrator.~~	94020

~~(6) Enter into contracts and make expenditures necessary for~~	94021
~~the efficient operation of the legal rights service;~~	94022

~~(7) Annually prepare a report of activities and submit copies~~	94023
~~of the report to the governor, the chief justice of the supreme~~	94024
~~court, the president of the senate, the speaker of the house of~~	94025
~~representatives, the director of mental health, and the director~~	94026
~~of developmental disabilities, and make the report available to~~	94027
~~the public;~~	94028

~~(8) Upon request of the commission or of the chairperson of~~	94029
~~the commission, report to the commission on specific litigation~~	94030
~~issues or activities.~~	94031

~~(G)(1) The legal rights service may act directly or contract~~	94032
~~with other organizations or individuals for the provision of the~~	94033
~~services envisioned under this section.~~	94034

~~(2) Whenever possible, the administrator shall attempt to~~	94035
~~facilitate the resolution of complaints through administrative~~	94036
~~channels. Subject to division (G)(3) of this section, if attempts~~	94037
~~at administrative resolution prove unsatisfactory, the~~	94038
~~administrator may pursue any legal, administrative, and other~~	94039
~~appropriate remedies or approaches that may be necessary to~~	94040
~~accomplish the purposes of this section.~~	94041

~~(3) The administrator may not pursue a class action lawsuit~~	94042
~~under division (G)(2) of this section when attempts at~~	94043
~~administrative resolution of a complaint prove unsatisfactory~~	94044
~~under that division unless both of the following have first~~	94045
~~occurred:~~	94046

~~(a) At least four members of the commission, by their~~	94047
~~affirmative vote, have consented to the pursuit of the class~~	94048
~~action lawsuit;~~	94049

~~(b) At least five members of the commission are present at~~	94050
~~the meeting of the commission at which that consent is obtained.~~	94051

~~(4)~~(B) All records received or maintained by the ~~legal rights~~	94052
~~service~~Ohio protection and advocacy system in connection with any	94053
investigation, representation, or other activity under this	94054
section shall be confidential and shall not be disclosed except as	94055
authorized by the person represented by the ~~legal rights service~~	94056
Ohio protection and advocacy system or, subject to any privilege,	94057
a guardian of the person or parent of the minor. ~~Subject to~~	94058
~~division (G)(5) of this section, relationships~~Relationships	94059
between personnel and the agents of the ~~legal rights service~~Ohio	94060
protection and advocacy system and its clients shall be fiduciary	94061
relationships, and all communications shall be privileged as if	94062
between attorney and client.	94063

~~(5) Any person who has been represented by the legal rights~~	94064
~~service or who has applied for and been denied representation and~~	94065
~~who files a grievance with the service concerning the~~	94066
~~representation or application may appeal the decision of the~~	94067
~~service on the grievance to the commission. The person may appeal~~	94068
~~notwithstanding any objections of the person's legal guardian. The~~	94069
~~commission may examine any records relevant to the appeal and~~	94070
~~shall maintain the confidentiality of any records that are~~	94071
~~required to be kept confidential.~~	94072

~~(H)~~(C) The ~~legal rights service, on the order of the~~	94073
~~administrator, with the approval by an affirmative vote of at~~	94074
~~least four members of the commission,~~Ohio protection and advocacy	94075
system may compel by subpoena the appearance and sworn testimony	94076
of any person the ~~administrator~~Ohio protection and advocacy	94077
system reasonably believes may be able to provide information or	94078
to produce any documents, books, records, papers, or other	94079
information necessary to carry out its duties. On the refusal of	94080
any person to produce or authenticate any requested documents, the	94081
~~legal rights service~~Ohio protection and advocacy system may apply	94082
to the Franklin county court of common pleas to compel the	94083
production or authentication of requested documents. If the court	94084
finds that failure to produce or authenticate any requested	94085
documents was improper, the court may hold the person in contempt	94086
as in the case of disobedience of the requirements of a subpoena	94087
issued from the court, or a refusal to testify in the court.	94088

~~(I) The legal rights service may conduct public hearings.~~

94089

~~(J) The legal rights service may request from any~~	94090
~~governmental agency any cooperation, assistance, services, or data~~	94091
~~that will enable it to perform its duties.~~	94092

~~(K) In any malpractice action filed against the administrator~~	94093
~~of the legal rights service, a member of the staff of the legal~~	94094
~~rights service, or an attorney designated by the administrator to~~	94095
~~perform legal services under division (E) of this section, the~~	94096
~~state shall, when the administrator, member, or attorney has acted~~	94097
~~in good faith and in the scope of employment, indemnify the~~	94098
~~administrator, member, or attorney for any judgment awarded or~~	94099
~~amount negotiated in settlement, and for any court costs or legal~~	94100
~~fees incurred in defense of the claim.~~	94101

~~This division does not limit or waive, and shall not be~~	94102
~~construed to limit or waive, any defense that is available to the~~	94103
~~legal rights service, its administrator or employees, persons~~	94104
~~under a personal services contract with it, or persons designated~~	94105
~~under division (E) of this section, including, but not limited to,~~	94106
~~any defense available under section 9.86 of the Revised Code.~~	94107

~~(L)~~(D) In addition to providing services to mentally ill,	94108
mentally retarded, or developmentally disabled persons, when a	94109
grant authorizing the provision of services to other individuals	94110
is accepted ~~pursuant to division (F)(4) of this section~~by the	94111
Ohio protection and advocacy system, the ~~legal rights service and~~	94112
~~its ombudsperson section~~Ohio protection and advocacy system may	94113
provide advocacy ~~or ombudsperson services~~ to those other	94114
individuals and exercise any other authority granted by this	94115
section ~~or sections 5123.601 to 5123.604~~ of the Revised Code on	94116
behalf of those individuals. Determinations of whether an	94117
individual is eligible for services under this division shall be	94118
made by the ~~legal rights service~~Ohio protection and advocacy	94119
system.	94120

Sec. 5123.61. (A) As used in this section:

94121

(1) "Law enforcement agency" means the state highway patrol,	94122
the police department of a municipal corporation, or a county	94123
sheriff.	94124

(2) "Abuse" has the same meaning as in section 5123.50 of the	94125
Revised Code, except that it includes a misappropriation, as	94126
defined in that section.	94127

(3) "Neglect" has the same meaning as in section 5123.50 of	94128
the Revised Code.	94129

(B) The department of developmental disabilities shall	94130
establish a registry office for the purpose of maintaining reports	94131
of abuse, neglect, and other major unusual incidents made to the	94132
department under this section and reports received from county	94133
boards of developmental disabilities under section 5126.31 of the	94134
Revised Code. The department shall establish committees to review	94135
reports of abuse, neglect, and other major unusual incidents.	94136

(C)(1) Any person listed in division (C)(2) of this section,	94137
having reason to believe that a person with mental retardation or	94138
a developmental disability has suffered or faces a substantial	94139
risk of suffering any wound, injury, disability, or condition of	94140
such a nature as to reasonably indicate abuse or neglect of that	94141
person, shall immediately report or cause reports to be made of	94142
such information to the entity specified in this division. Except	94143
as provided in section 5120.173 of the Revised Code or as	94144
otherwise provided in this division, the person making the report	94145
shall make it to a law enforcement agency or to the county board	94146
of developmental disabilities. If the report concerns a resident	94147
of a facility operated by the department of developmental	94148
disabilities the report shall be made either to a law enforcement	94149
agency or to the department. If the report concerns any act or	94150
omission of an employee of a county board of developmental	94151
disabilities, the report immediately shall be made to the	94152
department and to the county board.	94153

(2) All of the following persons are required to make a	94154
report under division (C)(1) of this section:	94155

(a) Any physician, including a hospital intern or resident,	94156
any dentist, podiatrist, chiropractor, practitioner of a limited	94157
branch of medicine as specified in section 4731.15 of the Revised	94158
Code, hospital administrator or employee of a hospital, nurse	94159
licensed under Chapter 4723. of the Revised Code, employee of an	94160
ambulatory health facility as defined in section 5101.61 of the	94161
Revised Code, employee of a home health agency, employee of an	94162
adult care facility licensed under Chapter 3722. of the Revised	94163
Code, or employee of a community mental health facility;	94164

(b) Any school teacher or school authority, social worker,	94165
psychologist, attorney, peace officer, coroner, or residents'	94166
rights advocate as defined in section 3721.10 of the Revised Code;	94167

(c) A superintendent, board member, or employee of a county	94168
board of developmental disabilities; an administrator, board	94169
member, or employee of a residential facility licensed under	94170
section 5123.19 of the Revised Code; an administrator, board	94171
member, or employee of any other public or private provider of	94172
services to a person with mental retardation or a developmental	94173
disability, or any MR/DD employee, as defined in section 5123.50	94174
of the Revised Code;	94175

(d) A member of a citizen's advisory council established at	94176
an institution or branch institution of the department of	94177
developmental disabilities under section 5123.092 of the Revised	94178
Code;	94179

(e) A clergyman who is employed in a position that includes	94180
providing specialized services to an individual with mental	94181
retardation or another developmental disability, while acting in	94182
an official or professional capacity in that position, or a person	94183
who is employed in a position that includes providing specialized	94184
services to an individual with mental retardation or another	94185
developmental disability and who, while acting in an official or	94186
professional capacity, renders spiritual treatment through prayer	94187
in accordance with the tenets of an organized religion.	94188

(3)(a) The reporting requirements of this division do not	94189
apply to ~~members of the legal rights service commission or to~~	94190
employees of the ~~legal rights service~~Ohio protection and advocacy	94191
system.	94192

(b) An attorney or physician is not required to make a report	94193
pursuant to division (C)(1) of this section concerning any	94194
communication the attorney or physician receives from a client or	94195
patient in an attorney-client or physician-patient relationship,	94196
if, in accordance with division (A) or (B) of section 2317.02 of	94197
the Revised Code, the attorney or physician could not testify with	94198
respect to that communication in a civil or criminal proceeding,	94199
except that the client or patient is deemed to have waived any	94200
testimonial privilege under division (A) or (B) of section 2317.02	94201
of the Revised Code with respect to that communication and the	94202
attorney or physician shall make a report pursuant to division	94203
(C)(1) of this section, if both of the following apply:	94204

(i) The client or patient, at the time of the communication,	94205
is a person with mental retardation or a developmental disability.	94206

(ii) The attorney or physician knows or suspects, as a result	94207
of the communication or any observations made during that	94208
communication, that the client or patient has suffered or faces a	94209
substantial risk of suffering any wound, injury, disability, or	94210
condition of a nature that reasonably indicates abuse or neglect	94211
of the client or patient.	94212

(4) Any person who fails to make a report required under	94213
division (C) of this section and who is an MR/DD employee, as	94214
defined in section 5123.50 of the Revised Code, shall be eligible	94215
to be included in the registry regarding misappropriation, abuse,	94216
neglect, or other specified misconduct by MR/DD employees	94217
established under section 5123.52 of the Revised Code.	94218

(D) The reports required under division (C) of this section	94219
shall be made forthwith by telephone or in person and shall be	94220
followed by a written report. The reports shall contain the	94221
following:	94222

(1) The names and addresses of the person with mental	94223
retardation or a developmental disability and the person's	94224
custodian, if known;	94225

(2) The age of the person with mental retardation or a	94226
developmental disability;	94227

(3) Any other information that would assist in the	94228
investigation of the report.	94229

(E) When a physician performing services as a member of the	94230
staff of a hospital or similar institution has reason to believe	94231
that a person with mental retardation or a developmental	94232
disability has suffered injury, abuse, or physical neglect, the	94233
physician shall notify the person in charge of the institution or	94234
that person's designated delegate, who shall make the necessary	94235
reports.	94236

(F) Any person having reasonable cause to believe that a	94237
person with mental retardation or a developmental disability has	94238
suffered or faces a substantial risk of suffering abuse or neglect	94239
may report or cause a report to be made of that belief to the	94240
entity specified in this division. Except as provided in section	94241
5120.173 of the Revised Code or as otherwise provided in this	94242
division, the person making the report shall make it to a law	94243
enforcement agency or the county board of developmental	94244
disabilities. If the person is a resident of a facility operated	94245
by the department of developmental disabilities, the report shall	94246
be made to a law enforcement agency or to the department. If the	94247
report concerns any act or omission of an employee of a county	94248
board of developmental disabilities, the report immediately shall	94249
be made to the department and to the county board.	94250

(G)(1) Upon the receipt of a report concerning the possible	94251
abuse or neglect of a person with mental retardation or a	94252
developmental disability, the law enforcement agency shall inform	94253
the county board of developmental disabilities or, if the person	94254
is a resident of a facility operated by the department of	94255
developmental disabilities, the director of the department or the	94256
director's designee.	94257

(2) On receipt of a report under this section that includes	94258
an allegation of action or inaction that may constitute a crime	94259
under federal law or the law of this state, the department of	94260
developmental disabilities shall notify the law enforcement	94261
agency.	94262

(3) When a county board of developmental disabilities	94263
receives a report under this section that includes an allegation	94264
of action or inaction that may constitute a crime under federal	94265
law or the law of this state, the superintendent of the board or	94266
an individual the superintendent designates under division (H) of	94267
this section shall notify the law enforcement agency. The	94268
superintendent or individual shall notify the department of	94269
developmental disabilities when it receives any report under this	94270
section.	94271

(4) When a county board of developmental disabilities	94272
receives a report under this section and believes that the degree	94273
of risk to the person is such that the report is an emergency, the	94274
superintendent of the board or an employee of the board the	94275
superintendent designates shall attempt a face-to-face contact	94276
with the person with mental retardation or a developmental	94277
disability who allegedly is the victim within one hour of the	94278
board's receipt of the report.	94279

(H) The superintendent of the board may designate an	94280
individual to be responsible for notifying the law enforcement	94281
agency and the department when the county board receives a report	94282
under this section.	94283

(I) An adult with mental retardation or a developmental	94284
disability about whom a report is made may be removed from the	94285
adult's place of residence only by law enforcement officers who	94286
consider that the adult's immediate removal is essential to	94287
protect the adult from further injury or abuse or in accordance	94288
with the order of a court made pursuant to section 5126.33 of the	94289
Revised Code.	94290

(J) A law enforcement agency shall investigate each report of	94291
abuse or neglect it receives under this section. In addition, the	94292
department, in cooperation with law enforcement officials, shall	94293
investigate each report regarding a resident of a facility	94294
operated by the department to determine the circumstances	94295
surrounding the injury, the cause of the injury, and the person	94296
responsible. The investigation shall be in accordance with the	94297
memorandum of understanding prepared under section 5126.058 of the	94298
Revised Code. The department shall determine, with the registry	94299
office which shall be maintained by the department, whether prior	94300
reports have been made concerning an adult with mental retardation	94301
or a developmental disability or other principals in the case. If	94302
the department finds that the report involves action or inaction	94303
that may constitute a crime under federal law or the law of this	94304
state, it shall submit a report of its investigation, in writing,	94305
to the law enforcement agency. If the person with mental	94306
retardation or a developmental disability is an adult, with the	94307
consent of the adult, the department shall provide such protective	94308
services as are necessary to protect the adult. The law	94309
enforcement agency shall make a written report of its findings to	94310
the department.	94311

If the person is an adult and is not a resident of a facility	94312
operated by the department, the county board of developmental	94313
disabilities shall review the report of abuse or neglect in	94314
accordance with sections 5126.30 to 5126.33 of the Revised Code	94315
and the law enforcement agency shall make the written report of	94316
its findings to the county board.	94317

(K) Any person or any hospital, institution, school, health	94318
department, or agency participating in the making of reports	94319
pursuant to this section, any person participating as a witness in	94320
an administrative or judicial proceeding resulting from the	94321
reports, or any person or governmental entity that discharges	94322
responsibilities under sections 5126.31 to 5126.33 of the Revised	94323
Code shall be immune from any civil or criminal liability that	94324
might otherwise be incurred or imposed as a result of such actions	94325
except liability for perjury, unless the person or governmental	94326
entity has acted in bad faith or with malicious purpose.	94327

(L) No employer or any person with the authority to do so	94328
shall discharge, demote, transfer, prepare a negative work	94329
performance evaluation, reduce pay or benefits, terminate work	94330
privileges, or take any other action detrimental to an employee or	94331
retaliate against an employee as a result of the employee's having	94332
made a report under this section. This division does not preclude	94333
an employer or person with authority from taking action with	94334
regard to an employee who has made a report under this section if	94335
there is another reasonable basis for the action.	94336

(M) Reports made under this section are not public records as	94337
defined in section 149.43 of the Revised Code. Information	94338
contained in the reports on request shall be made available to the	94339
person who is the subject of the report, to the person's legal	94340
counsel, and to agencies authorized to receive information in the	94341
report by the department or by a county board of developmental	94342
disabilities.	94343

(N) Notwithstanding section 4731.22 of the Revised Code, the	94344
physician-patient privilege shall not be a ground for excluding	94345
evidence regarding the injuries or physical neglect of a person	94346
with mental retardation or a developmental disability or the cause	94347
thereof in any judicial proceeding resulting from a report	94348
submitted pursuant to this section.	94349

Sec. 5123.63. Every state agency, county board of	94350
developmental disabilities, or political subdivision that provides	94351
services, either directly or through a contract, to persons with	94352
mental retardation or a developmental disability shall give each	94353
provider a copy of the list of rights contained in section 5123.62	94354
of the Revised Code. Each public and private provider of services	94355
shall carry out the requirements of this section in addition to	94356
any other posting or notification requirements imposed by local,	94357
state, or federal law or rules.	94358

The provider shall make copies of the list of rights and	94359
shall be responsible for an initial distribution of the list to	94360
each individual receiving services from the provider. If the	94361
individual is unable to read the list, the provider shall	94362
communicate the contents of the list to the individual to the	94363
extent practicable in a manner that the individual understands.	94364
The individual receiving services or the parent, guardian, or	94365
advocate of the individual shall sign an acknowledgement of	94366
receipt of a copy of the list of rights, and a copy of the signed	94367
acknowledgement shall be placed in the individual's file. The	94368
provider shall also be responsible for answering any questions and	94369
giving any explanations necessary to assist the individual to	94370
understand the rights enumerated. Instruction in these rights	94371
shall be documented.	94372

Each provider shall make available to all persons receiving	94373
services and all employees and visitors a copy of the list of	94374
rights and the addresses and telephone numbers of the ~~legal rights~~	94375
~~service~~Ohio protection and advocacy system, the department of	94376
developmental disabilities, and the county board of developmental	94377
disabilities of the county in which the provider provides	94378
services.	94379

Sec. 5123.64. (A) Every provider of services to persons with	94380
mental retardation or a developmental disability shall establish	94381
policies and programs to ensure that all staff members are	94382
familiar with the rights enumerated in section 5123.62 of the	94383
Revised Code and observe those rights in their contacts with	94384
persons receiving services. Any policy, procedure, or rule of the	94385
provider that conflicts with any of the rights enumerated shall be	94386
null and void. Every provider shall establish written procedures	94387
for resolving complaints of violations of those rights. A copy of	94388
the procedures shall be provided to any person receiving services	94389
or to any parent, guardian, or advocate of a person receiving	94390
services.	94391

(B) Any person with mental retardation or a developmental	94392
disability who believes that the person's rights as enumerated in	94393
section 5123.62 of the Revised Code have been violated may:	94394

(1) Bring the violation to the attention of the provider for	94395
resolution;	94396

(2) Report the violation to the department of developmental	94397
disabilities, the ~~ombudsperson section of the legal rights service~~	94398
Ohio protection and advocacy system, or the appropriate county	94399
board of developmental disabilities;	94400

(3) Take any other appropriate action to ensure compliance	94401
with sections ~~5123.60~~5123.61 to 5123.64 of the Revised Code,	94402
including the filing of a legal action to enforce rights or to	94403
recover damages for violation of rights.	94404

Sec. 5123.69. (A) Except as provided in division ~~(E)~~(D) of	94405
this section, any person who is eighteen years of age or older and	94406
who is or believes self to be mentally retarded may make written	94407
application to the managing officer of any institution for	94408
voluntary admission. Except as provided in division ~~(E)~~(D) of this	94409
section, the application may be made on behalf of a minor by a	94410
parent or guardian, and on behalf of an adult adjudicated mentally	94411
incompetent by a guardian.	94412

(B) The managing officer of an institution, with the	94413
concurrence of the chief program director, may admit a person	94414
applying pursuant to this section only after a comprehensive	94415
evaluation has been made of the person and only if the	94416
comprehensive evaluation concludes that the person is mentally	94417
retarded and would benefit significantly from admission.	94418

(C) ~~If application for voluntary admission of a minor or of a~~	94419
~~person adjudicated mentally incompetent is made by the parent or~~	94420
~~guardian of the minor or by the guardian of an incompetent and the~~	94421
~~minor or incompetent is admitted, the probate division of the~~	94422
~~court of common pleas shall determine, upon petition by the legal~~	94423
~~rights service, whether the voluntary admission or continued~~	94424
~~institutionalization is in the best interest of the minor or~~	94425
~~incompetent.~~	94426

~~(D)~~ The managing officer shall discharge any voluntary	94427
resident if, in the judgment of the chief program director, the	94428
results of a comprehensive examination indicate that	94429
institutionalization no longer is advisable. In light of the	94430
results of the comprehensive evaluation, the managing officer also	94431
may discharge any voluntary resident if, in the judgment of the	94432
chief program director, the discharge would contribute to the most	94433
effective use of the institution in the habilitation and care of	94434
the mentally retarded.	94435

~~(E)~~(D) A person who is found incompetent to stand trial or	94436
not guilty by reason of insanity and who is committed pursuant to	94437
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	94438
Code shall not voluntarily commit self pursuant to this section	94439
until after the final termination of the commitment, as described	94440
in division (J) of section 2945.401 of the Revised Code.	94441

Sec. 5123.701. (A) Except as provided in division ~~(E)~~(D) of	94442
this section, any person in the community who is eighteen years of	94443
age or older and who is or believes self to be mentally retarded	94444
may make written application to the managing officer of any	94445
institution for temporary admission for short-term care. The	94446
application may be made on behalf of a minor by a parent or	94447
guardian, and on behalf of an adult adjudicated mentally	94448
incompetent by a guardian.	94449

(B) For purposes of this section, short-term care shall be	94450
defined to mean appropriate services provided to a person with	94451
mental retardation for no more than fourteen consecutive days and	94452
for no more than forty-two days in a fiscal year. When	94453
circumstances warrant, the fourteen-day period may be extended at	94454
the discretion of the managing officer. Short-term care is	94455
provided in a developmental center to meet the family's or	94456
caretaker's needs for separation from the person with mental	94457
retardation.	94458

(C) The managing officer of an institution, with the	94459
concurrence of the chief program director, may admit a person for	94460
short-term care only after a medical examination has been made of	94461
the person and only if the managing officer concludes that the	94462
person is mentally retarded.	94463

(D) ~~If application for admission for short-term care of a~~	94464
~~minor or of a person adjudicated mentally incompetent is made by~~	94465
~~the minor's parent or guardian or by the incompetent's guardian~~	94466
~~and the minor or incompetent is admitted, the probate division of~~	94467
~~the court of common pleas shall determine, upon petition by the~~	94468
~~legal rights service, whether the admission for short-term care is~~	94469
~~in the best interest of the minor or the incompetent.~~	94470

~~(E)~~ A person who is found not guilty by reason of insanity	94471
shall not admit self to an institution for short-term care unless	94472
a hearing was held regarding the person pursuant to division (A)	94473
of section 2945.40 of the Revised Code and either of the following	94474
applies:	94475

(1) The person was found at the hearing not to be a mentally	94476
retarded person subject to institutionalization by court order;	94477

(2) The person was found at the hearing to be a mentally	94478
retarded person subject to institutionalization by court order,	94479
was involuntarily committed, and was finally discharged.	94480

~~(F)~~(E) The mentally retarded person, liable relatives, and	94481
guardians of mentally retarded persons admitted for respite care	94482
shall pay support charges in accordance with sections 5121.01 to	94483
5121.21 of the Revised Code.	94484

~~(G)~~(F) At the conclusion of each period of short-term care,	94485
the person shall return to the person's family or caretaker. Under	94486
no circumstances shall a person admitted for short-term care	94487
according to this section remain in the institution after the	94488
period of short-term care unless the person is admitted according	94489
to section 5123.70, sections 5123.71 to 5123.76, or section	94490
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	94491
Code.	94492

Sec. 5123.86. (A) Except as provided in divisions (C), (D),	94493
(E), and (F) of this section, the chief medical officer shall	94494
provide all information, including expected physical and medical	94495
consequences, necessary to enable any resident of an institution	94496
for the mentally retarded to give a fully informed, intelligent,	94497
and knowing consent if any of the following procedures are	94498
proposed:	94499

(1) Surgery;

94500

(2) Convulsive therapy;

94501

(3) Major aversive interventions;

94502

(4) Sterilization;

94503

(5) Experimental procedures;

94504

(6) Any unusual or hazardous treatment procedures.

94505

(B) No resident shall be subjected to any of the procedures	94506
listed in division (A)(4), (5), or (6) of this section without the	94507
resident's informed consent.	94508

(C) If a resident is physically or mentally unable to receive	94509
the information required for surgery under division (A)(1) of this	94510
section, or has been adjudicated incompetent, the information may	94511
be provided to the resident's natural or court-appointed guardian,	94512
including an agency providing guardianship services under contract	94513
with the department of developmental disabilities under sections	94514
5123.55 to 5123.59 of the Revised Code, who may give the informed,	94515
intelligent, and knowing written consent for surgery. Consent for	94516
surgery shall not be provided by a guardian who is an officer or	94517
employee of the department of mental health or the department of	94518
developmental disabilities.	94519

If a resident is physically or mentally unable to receive the	94520
information required for surgery under division (A)(1) of this	94521
section and has no guardian, then the information, the	94522
recommendation of the chief medical officer, and the concurring	94523
judgment of a licensed physician who is not a full-time employee	94524
of the state may be provided to the court in the county in which	94525
the institution is located, which may approve the surgery. Before	94526
approving the surgery, the court shall notify the ~~legal rights~~	94527
~~service~~Ohio protection and advocacy system created by section	94528
5123.60 of the Revised Code, and shall notify the resident of the	94529
resident's rights to consult with counsel, to have counsel	94530
appointed by the court if the resident is indigent, and to contest	94531
the recommendation of the chief medical officer.	94532

(D) If, in the judgment of two licensed physicians, delay in	94533
obtaining consent for surgery would create a grave danger to the	94534
health of a resident, emergency surgery may be performed without	94535
the consent of the resident if the necessary information is	94536
provided to the resident's guardian, including an agency providing	94537
guardianship services under contract with the department of	94538
developmental disabilities under sections 5123.55 to 5123.59 of	94539
the Revised Code, or to the resident's spouse or next of kin to	94540
enable that person or agency to give an informed, intelligent, and	94541
knowing written consent.	94542

If the guardian, spouse, or next of kin cannot be contacted	94543
through exercise of reasonable diligence, or if the guardian,	94544
spouse, or next of kin is contacted, but refuses to consent, then	94545
the emergency surgery may be performed upon the written	94546
authorization of the chief medical officer and after court	94547
approval has been obtained. However, if delay in obtaining court	94548
approval would create a grave danger to the life of the resident,	94549
the chief medical officer may authorize surgery, in writing,	94550
without court approval. If the surgery is authorized without court	94551
approval, the chief medical officer who made the authorization and	94552
the physician who performed the surgery shall each execute an	94553
affidavit describing the circumstances constituting the emergency	94554
and warranting the surgery and the circumstances warranting their	94555
not obtaining prior court approval. The affidavit shall be filed	94556
with the court with which the request for prior approval would	94557
have been filed within five court days after the surgery, and a	94558
copy of the affidavit shall be placed in the resident's file and	94559
shall be given to the guardian, spouse, or next of kin of the	94560
resident, to the hospital at which the surgery was performed, and	94561
to the ~~legal rights service~~Ohio protection and advocacy system	94562
created by section 5123.60 of the Revised Code.	94563

(E)(1) If it is the judgment of two licensed physicians, as	94564
described in division (E)(2) of this section, that a medical	94565
emergency exists and delay in obtaining convulsive therapy creates	94566
a grave danger to the life of a resident who is both mentally	94567
retarded and mentally ill, convulsive therapy may be administered	94568
without the consent of the resident if the resident is physically	94569
or mentally unable to receive the information required for	94570
convulsive therapy and if the necessary information is provided to	94571
the resident's natural or court-appointed guardian, including an	94572
agency providing guardianship services under contract with the	94573
department of developmental disabilities under sections 5123.55 to	94574
5123.59 of the Revised Code, or to the resident's spouse or next	94575
of kin to enable that person or agency to give an informed,	94576
intelligent, and knowing written consent. If neither the	94577
resident's guardian, spouse, nor next of kin can be contacted	94578
through exercise of reasonable diligence, or if the guardian,	94579
spouse, or next of kin is contacted, but refuses to consent, then	94580
convulsive therapy may be performed upon the written authorization	94581
of the chief medical officer and after court approval has been	94582
obtained.	94583

(2) The two licensed physicians referred to in division	94584
(E)(1) of this section shall not be associated with each other in	94585
the practice of medicine or surgery by means of a partnership or	94586
corporate arrangement, other business arrangement, or employment.	94587
At least one of the physicians shall be a psychiatrist as defined	94588
in division (E) of section 5122.01 of the Revised Code.	94589

(F) Major aversive interventions shall not be used unless a	94590
resident continues to engage in behavior destructive to self or	94591
others after other forms of therapy have been attempted. ~~The~~	94592
~~director of the legal rights service created by section 5123.60 of~~	94593
~~the Revised Code shall be notified of any proposed major aversive~~	94594
~~intervention.~~ Major aversive interventions shall not be applied to	94595
a voluntary resident without the informed, intelligent, and	94596
knowing written consent of the resident or the resident's	94597
guardian, including an agency providing guardianship services	94598
under contract with the department of developmental disabilities	94599
under sections 5123.55 to 5123.59 of the Revised Code.	94600

(G)(1) This chapter does not authorize any form of compulsory	94601
medical or psychiatric treatment of any resident who is being	94602
treated by spiritual means through prayer alone in accordance with	94603
a recognized religious method of healing.	94604

(2) For purposes of this section, "convulsive therapy" does	94605
not include defibrillation.	94606

Sec. 5123.99. (A) Whoever violates section 5123.16 or	94607
5123.20 of the Revised Code is guilty of a misdemeanor of the	94608
first degree.	94609

(B) Whoever violates division (C), (E), or (G)(3) of section	94610
5123.61 of the Revised Code is guilty of a misdemeanor of the	94611
fourth degree or, if the abuse or neglect constitutes a felony, a	94612
misdemeanor of the second degree. In addition to any other	94613
sanction or penalty authorized or required by law, if a person who	94614
is convicted of or pleads guilty to a violation of division (C),	94615
(E), or (G)(3) of section 5123.61 of the Revised Code is an MR/DD	94616
employee, as defined in section 5123.50 of the Revised Code, the	94617
offender shall be eligible to be included in the registry	94618
regarding misappropriation, abuse, neglect, or other specified	94619
misconduct by MR/DD employees established under section 5123.52 of	94620
the Revised Code.	94621

~~(C) Whoever violates division (A) of section 5123.604 of the~~	94622
~~Revised Code is guilty of a misdemeanor of the second degree.~~	94623

~~(D) Whoever violates division (B) of section 5123.604 of the~~	94624
~~Revised Code shall be fined not more than one thousand dollars.~~	94625
~~Each violation constitutes a separate offense.~~	94626

Sec. 5126.01. As used in this chapter:

94627

(A) As used in this division, "adult" means an individual who	94628
is eighteen years of age or over and not enrolled in a program or	94629
service under Chapter 3323. of the Revised Code and an individual	94630
sixteen or seventeen years of age who is eligible for adult	94631
services under rules adopted by the director of developmental	94632
disabilities pursuant to Chapter 119. of the Revised Code.	94633

(1) "Adult services" means services provided to an adult	94634
outside the home, except when they are provided within the home	94635
according to an individual's assessed needs and identified in an	94636
individual service plan, that support learning and assistance in	94637
the area of self-care, sensory and motor development,	94638
socialization, daily living skills, communication, community	94639
living, social skills, or vocational skills.	94640

(2) "Adult services" includes all of the following:

94641

(a) Adult day habilitation services;

94642

(b) Adult day care;

94643

94644

(d) Sheltered employment;

94645

(e) Educational experiences and training obtained through	94646
entities and activities that are not expressly intended for	94647
individuals with mental retardation and developmental	94648
disabilities, including trade schools, vocational or technical	94649
schools, adult education, job exploration and sampling, unpaid	94650
work experience in the community, volunteer activities, and	94651
spectator sports;	94652

(f) Community employment services and supported employment	94653
services.	94654

(B)(1) "Adult day habilitation services" means adult services	94655
that do the following:	94656

(a) Provide access to and participation in typical activities	94657
and functions of community life that are desired and chosen by the	94658
general population, including such activities and functions as	94659
opportunities to experience and participate in community	94660
exploration, companionship with friends and peers, leisure	94661
activities, hobbies, maintaining family contacts, community	94662
events, and activities where individuals without disabilities are	94663
involved;	94664

(b) Provide supports or a combination of training and	94665
supports that afford an individual a wide variety of opportunities	94666
to facilitate and build relationships and social supports in the	94667
community.	94668

(2) "Adult day habilitation services" includes all of the	94669
following:	94670

(a) Personal care services needed to ensure an individual's	94671
ability to experience and participate in vocational services,	94672
educational services, community activities, and any other adult	94673
day habilitation services;	94674

(b) Skilled services provided while receiving adult day	94675
habilitation services, including such skilled services as behavior	94676
management intervention, occupational therapy, speech and language	94677
therapy, physical therapy, and nursing services;	94678

(c) Training and education in self-determination designed to	94679
help the individual do one or more of the following: develop	94680
self-advocacy skills, exercise the individual's civil rights,	94681
acquire skills that enable the individual to exercise control and	94682
responsibility over the services received, and acquire skills that	94683
enable the individual to become more independent, integrated, or	94684
productive in the community;	94685

(d) Recreational and leisure activities identified in the	94686
individual's service plan as therapeutic in nature or assistive in	94687
developing or maintaining social supports;	94688

(e) Counseling and assistance provided to obtain housing,	94689
including such counseling as identifying options for either rental	94690
or purchase, identifying financial resources, assessing needs for	94691
environmental modifications, locating housing, and planning for	94692
ongoing management and maintenance of the housing selected;	94693

(f) Transportation necessary to access adult day habilitation	94694
services;	94695

(g) Habilitation management, as described in section 5126.14	94696
of the Revised Code.	94697

(3) "Adult day habilitation services" does not include	94698
activities that are components of the provision of residential	94699
services, family support services, or supported living services.	94700

94701

(1) In the case of a member of a county board of	94702
developmental disabilities appointed by, or to be appointed by, a	94703
board of county commissioners, the board of county commissioners;	94704

(2) In the case of a member of a county board appointed by,	94705
or to be appointed by, a senior probate judge, the senior probate	94706
judge.	94707

(D) "Community employment services" or "supported employment	94708
services" means job training and other services related to	94709
employment outside a sheltered workshop. "Community employment	94710
services" or "supported employment services" include all of the	94711
following:	94712

(1) Job training resulting in the attainment of competitive	94713
work, supported work in a typical work environment, or	94714
self-employment;	94715

(2) Supervised work experience through an employer paid to	94716
provide the supervised work experience;	94717

(3) Ongoing work in a competitive work environment at a wage	94718
commensurate with workers without disabilities;	94719

(4) Ongoing supervision by an employer paid to provide the	94720
supervision.	94721

(E) As used in this division, "substantial functional	94722
limitation," "developmental delay," and "established risk" have	94723
the meanings established pursuant to section 5123.011 of the	94724
Revised Code.	94725

"Developmental disability" means a severe, chronic disability	94726
that is characterized by all of the following:	94727

(1) It is attributable to a mental or physical impairment or	94728
a combination of mental and physical impairments, other than a	94729
mental or physical impairment solely caused by mental illness as	94730
defined in division (A) of section 5122.01 of the Revised Code;	94731

(2) It is manifested before age twenty-two;

94732

(3) It is likely to continue indefinitely;

94733

(4) It results in one of the following:

94734

(a) In the case of a person under age three, at least one	94735
developmental delay or an established risk;	94736

(b) In the case of a person at least age three but under age	94737
six, at least two developmental delays or an established risk;	94738

(c) In the case of a person age six or older, a substantial	94739
functional limitation in at least three of the following areas of	94740
major life activity, as appropriate for the person's age:	94741
self-care, receptive and expressive language, learning, mobility,	94742
self-direction, capacity for independent living, and, if the	94743
person is at least age sixteen, capacity for economic	94744
self-sufficiency.	94745

(5) It causes the person to need a combination and sequence	94746
of special, interdisciplinary, or other type of care, treatment,	94747
or provision of services for an extended period of time that is	94748
individually planned and coordinated for the person.	94749

(F) "Early childhood services" means a planned program of	94750
habilitation designed to meet the needs of individuals with mental	94751
retardation or other developmental disabilities who have not	94752
attained compulsory school age.	94753

(G)(1) "Environmental modifications" means the physical	94754
adaptations to an individual's home, specified in the individual's	94755
service plan, that are necessary to ensure the individual's	94756
health, safety, and welfare or that enable the individual to	94757
function with greater independence in the home, and without which	94758
the individual would require institutionalization.	94759

(2) "Environmental modifications" includes such adaptations	94760
as installation of ramps and grab-bars, widening of doorways,	94761
modification of bathroom facilities, and installation of	94762
specialized electric and plumbing systems necessary to accommodate	94763
the individual's medical equipment and supplies.	94764

(3) "Environmental modifications" does not include physical	94765
adaptations or improvements to the home that are of general	94766
utility or not of direct medical or remedial benefit to the	94767
individual, including such adaptations or improvements as	94768
carpeting, roof repair, and central air conditioning.	94769

(H) "Family support services" means the services provided	94770
under a family support services program operated under section	94771
5126.11 of the Revised Code.	94772

(I) "Habilitation" means the process by which the staff of	94773
the facility or agency assists an individual with mental	94774
retardation or other developmental disability in acquiring and	94775
maintaining those life skills that enable the individual to cope	94776
more effectively with the demands of the individual's own person	94777
and environment, and in raising the level of the individual's	94778
personal, physical, mental, social, and vocational efficiency.	94779
Habilitation includes, but is not limited to, programs of formal,	94780
structured education and training.	94781

(J) "Home and community-based services" means medicaid-funded	94782
home and community-based services specified in division (B)(1) of	94783
section 5111.87 of the Revised Code and provided under the	94784
medicaid waiver components the department of developmental	94785
disabilities administers pursuant to section 5111.871 of the	94786
Revised Code. However, home and community-based services provided	94787
under the medicaid waiver component known as the transitions	94788
developmental disabilities waiver are to be considered to be home	94789
and community-based services for the purposes of this chapter only	94790
to the extent, if any, provided by the contract required by	94791
section 5111.871 of the Revised Code regarding the waiver.	94792

(K) "Immediate family" means parents, grandparents, brothers,	94793
sisters, spouses, sons, daughters, aunts, uncles, mothers-in-law,	94794
fathers-in-law, brothers-in-law, sisters-in-law, sons-in-law, and	94795
daughters-in-law.	94796

(L) "Medicaid" has the same meaning as in section 5111.01 of	94797
the Revised Code.	94798

(M) "Medicaid case management services" means case management	94799
services provided to an individual with mental retardation or	94800
other developmental disability that the state medicaid plan	94801
requires.	94802

(N) "Mental retardation" means a mental impairment manifested	94803
during the developmental period characterized by significantly	94804
subaverage general intellectual functioning existing concurrently	94805
with deficiencies in the effectiveness or degree with which an	94806
individual meets the standards of personal independence and social	94807
responsibility expected of the individual's age and cultural	94808
group.	94809

(O) "Residential services" means services to individuals with	94810
mental retardation or other developmental disabilities to provide	94811
housing, food, clothing, habilitation, staff support, and related	94812
support services necessary for the health, safety, and welfare of	94813
the individuals and the advancement of their quality of life.	94814
"Residential services" includes program management, as described	94815
in section 5126.14 of the Revised Code.	94816

(P) "Resources" means available capital and other assets,	94817
including moneys received from the federal, state, and local	94818
governments, private grants, and donations; appropriately	94819
qualified personnel; and appropriate capital facilities and	94820
equipment.	94821

(Q) "Senior probate judge" means the current probate judge of	94822
a county who has served as probate judge of that county longer	94823
than any of the other current probate judges of that county. If a	94824
county has only one probate judge, "senior probate judge" means	94825
that probate judge.	94826

(R) "Service and support administration" means the duties	94827
performed by a service and support administrator pursuant to	94828
section 5126.15 of the Revised Code.	94829

(S)(1) "Specialized medical, adaptive, and assistive	94830
equipment, supplies, and supports" means equipment, supplies, and	94831
supports that enable an individual to increase the ability to	94832
perform activities of daily living or to perceive, control, or	94833
communicate within the environment.	94834

(2) "Specialized medical, adaptive, and assistive equipment,	94835
supplies, and supports" includes the following:	94836

(a) Eating utensils, adaptive feeding dishes, plate guards,	94837
mylatex straps, hand splints, reaches, feeder seats, adjustable	94838
pointer sticks, interpreter services, telecommunication devices	94839
for the deaf, computerized communications boards, other	94840
communication devices, support animals, veterinary care for	94841
support animals, adaptive beds, supine boards, prone boards,	94842
wedges, sand bags, sidelayers, bolsters, adaptive electrical	94843
switches, hand-held shower heads, air conditioners, humidifiers,	94844
emergency response systems, folding shopping carts, vehicle lifts,	94845
vehicle hand controls, other adaptations of vehicles for	94846
accessibility, and repair of the equipment received.	94847

(b) Nondisposable items not covered by medicaid that are	94848
intended to assist an individual in activities of daily living or	94849
instrumental activities of daily living.	94850

(T) "Supportive home services" means a range of services to	94851
families of individuals with mental retardation or other	94852
developmental disabilities to develop and maintain increased	94853
acceptance and understanding of such persons, increased ability of	94854
family members to teach the person, better coordination between	94855
school and home, skills in performing specific therapeutic and	94856
management techniques, and ability to cope with specific	94857
situations.	94858

(U)(1) "Supported living" means services provided for as long	94859
as twenty-four hours a day to an individual with mental	94860
retardation or other developmental disability through any public	94861
or private resources, including moneys from the individual, that	94862
enhance the individual's reputation in community life and advance	94863
the individual's quality of life by doing the following:	94864

(a) Providing the support necessary to enable an individual	94865
to live in a residence of the individual's choice, with any number	94866
of individuals who are not disabled, or with not more than three	94867
individuals with mental retardation and developmental disabilities	94868
unless the individuals are related by blood or marriage;	94869

(b) Encouraging the individual's participation in the	94870
community;	94871

94872

(d) Assisting the individual in acquiring, retaining, and	94873
improving the skills and competence necessary to live successfully	94874
in the individual's residence.	94875

(2) "Supported living" includes the provision of all of the	94876
following:	94877

(a) Housing, food, clothing, habilitation, staff support,	94878
professional services, and any related support services necessary	94879
to ensure the health, safety, and welfare of the individual	94880
receiving the services;	94881

(b) A combination of lifelong or extended-duration	94882
supervision, training, and other services essential to daily	94883
living, including assessment and evaluation and assistance with	94884
the cost of training materials, transportation, fees, and	94885
supplies;	94886

94887

(d) Household maintenance that does not include modifications	94888
to the physical structure of the residence;	94889

(e) Respite care services;

94890

(f) Program management, as described in section 5126.14 of	94891
the Revised Code.	94892

Sec. 5126.029. (A) Each county board of developmental	94893
disabilities shall hold an organizational meeting no later than	94894
the thirty-first day of January of each year and shall elect its	94895
officers, which shall include a president, vice-president, and	94896
recording secretary. After its annual organizational meeting, the	94897
board shall meet in such manner and at such times as prescribed by	94898
rules adopted by the board, but the board shall meet at least ~~ten~~	94899
the following number of times annually in regularly scheduled	94900
sessions in accordance with section 121.22 of the Revised Code,	94901
not including in-service training sessions:	94902

(1) Unless division (A)(2) of this section applies to the	94903
board, ten;	94904

(2) If the board shares a superintendent or other	94905
administrative staff with one or more other boards of	94906
developmental disabilities, eight. A	94907

(B) A majority of the board constitutes a quorum. The board	94908
shall adopt rules for the conduct of its business and a record	94909
shall be kept of board proceedings, which shall be open for public	94910
inspection.	94911

Sec. 5126.04. (A) Each county board of developmental	94912
disabilities shall plan and set priorities based on available	94913
resources for the provision of facilities, programs, and other	94914
services to meet the needs of county residents who are individuals	94915
with mental retardation and other developmental disabilities,	94916
former residents of the county residing in state institutions or,	94917
before the effective date of this amendment, placed under purchase	94918
of service agreements under section 5123.18 of the Revised Code,	94919
and children subject to a determination made pursuant to section	94920
121.38 of the Revised Code.	94921

Each county board shall assess the facility and service needs	94922
of the individuals with mental retardation and other developmental	94923
disabilities who are residents of the county or former residents	94924
of the county residing in state institutions or, before the	94925
effective date of this amendment, placed under purchase of service	94926
agreements under section 5123.18 of the Revised Code.	94927

Each county board shall require individual habilitation or	94928
service plans for individuals with mental retardation and other	94929
developmental disabilities who are being served or who have been	94930
determined eligible for services and are awaiting the provision of	94931
services. Each board shall ensure that methods of having their	94932
service needs evaluated are available.	94933

(B)(1) If a foster child is in need of assessment for	94934
eligible services or is receiving services from a county board of	94935
developmental disabilities and that child is placed in a different	94936
county, the agency that placed the child, immediately upon	94937
placement, shall inform the county board in the new county all of	94938
the following:	94939

(a) That a foster child has been placed in that county;

94940

(b) The name and other identifying information of the foster	94941
child;	94942

(c) The name of the foster child's previous county of	94943
residence;	94944

(d) That the foster child was in need of assessment for	94945
eligible services or was receiving services from the county board	94946
of developmental disabilities in the previous county.	94947

(2) Upon receiving the notice described in division (B)(1) of	94948
this section or otherwise learning that the child was in need of	94949
assessment for eligible services or was receiving services from a	94950
county board of developmental disabilities in the previous county,	94951
the county board in the new county shall communicate with the	94952
county board of the previous county to determine how services for	94953
the foster child shall be provided in accordance with each board's	94954
plan and priorities as described in division (A) of this section.	94955

If the two county boards are unable to reach an agreement	94956
within ten days of the child's placement, the county board in the	94957
new county shall send notice to the Ohio department of	94958
developmental disabilities of the failure to agree. The department	94959
shall decide how services shall be provided for the foster child	94960
within ten days of receiving notice that the county boards could	94961
not reach an agreement. The department may decide that one, or	94962
both, of the county boards shall provide services. The services	94963
shall be provided in accordance with the board's plan and	94964
priorities as described in division (A) of this section.	94965

(C) The department of developmental disabilities may adopt	94966
rules in accordance with Chapter 119. of the Revised Code as	94967
necessary to implement this section. To the extent that rules	94968
adopted under this section apply to the identification and	94969
placement of children with disabilities under Chapter 3323. of the	94970
Revised Code, the rules shall be consistent with the standards and	94971
procedures established under sections 3323.03 to 3323.05 of the	94972
Revised Code.	94973

(D) The responsibility or authority of a county board to	94974
provide services under this chapter does not affect the	94975
responsibility of any other entity of state or local government to	94976
provide services to individuals with mental retardation and	94977
developmental disabilities.	94978

(E) On or before the first day of February prior to a school	94979
year, a county board of developmental disabilities may elect not	94980
to participate during that school year in the provision of or	94981
contracting for educational services for children ages six through	94982
twenty-one years of age, provided that on or before that date the	94983
board gives notice of this election to the superintendent of	94984
public instruction, each school district in the county, and the	94985
educational service center serving the county. If a board makes	94986
this election, it shall not have any responsibility for or	94987
authority to provide educational services that school year for	94988
children ages six through twenty-one years of age. If a board does	94989
not make an election for a school year in accordance with this	94990
division, the board shall be deemed to have elected to participate	94991
during that school year in the provision of or contracting for	94992
educational services for children ages six through twenty-one	94993
years of age.	94994

(F) If a county board of developmental disabilities elects to	94995
provide educational services during a school year to individuals	94996
six through twenty-one years of age who have multiple	94997
disabilities, the board may provide these services to individuals	94998
who are appropriately identified and determined eligible pursuant	94999
to Chapter 3323. of the Revised Code, and in accordance with	95000
applicable rules of the state board of education. The county board	95001
may also provide related services to individuals six through	95002
twenty-one years of age who have one or more disabling conditions,	95003
in accordance with section 3317.20 and Chapter 3323. of the	95004
Revised Code and applicable rules of the state board of education.	95005

Sec. 5126.042. ~~(A) As used in this section:~~

95006

~~(1) "Emergency" means any situation that creates for an~~	95007
~~individual with mental retardation or developmental disabilities a~~	95008
~~risk of substantial self-harm or substantial harm to others if~~	95009
~~action is not taken within thirty days. An "emergency" may include~~	95010
~~one or more of the following situations:~~	95011

~~(a) Loss of present residence for any reason, including legal~~	95012
~~action;~~	95013

~~(b) Loss of present caretaker for any reason, including~~	95014
~~serious illness of the caretaker, change in the caretaker's~~	95015
~~status, or inability of the caretaker to perform effectively for~~	95016
~~the individual;~~	95017

~~(c) Abuse, neglect, or exploitation of the individual;~~

95018

~~(d) Health and safety conditions that pose a serious risk to~~	95019
~~the individual or others of immediate harm or death;~~	95020

~~(e) Change in the emotional or physical condition of the~~	95021
~~individual that necessitates substantial accommodation that cannot~~	95022
~~be reasonably provided by the individual's existing caretaker.~~	95023

~~(2) "Service substitution list" means a service substitution~~	95024
~~list established by a county board of developmental disabilities~~	95025
~~before September 1, 2008, pursuant to division (B) of this section~~	95026
~~as this section existed on the day immediately before September 1,~~	95027
~~2008.~~	95028

~~(B) If a~~Each county board of developmental disabilities	95029
~~determines that available resources are not sufficient to meet the~~	95030
~~needs of all individuals who request programs and services and may~~	95031
~~be offered the programs and services, it~~ shall establish waiting	95032
lists for services in accordance with rules the director of	95033
developmental disabilities shall adopt in accordance with Chapter	95034
119. of the Revised Code. ~~The board may establish priorities for~~	95035
~~making placements on its waiting lists according to an~~	95036
~~individual's emergency status and shall establish priorities in~~	95037
~~accordance with divisions (D) and (E) of this section~~All of the	95038
following apply to the rules adopted under this section:	95039

(A) The rules may include standards for determining which	95040
individuals on a waiting list should have priority for a service	95041
for which the waiting list is established.	95042

(B) The rules shall include procedures to be followed to	95043
ensure that the due process rights of individuals on a waiting	95044
list are not violated.	95045

95046

(1) Medicaid rules and regulations;

95047

(2) Any specific requirements that may be contained within a	95048
medicaid state plan amendment or waiver program that a county	95049
board has authority to administer or with respect to which it has	95050
authority to provide services.	95051

~~The individuals who may be placed on a waiting list include~~	95052
~~individuals with a need for services on an emergency basis and~~	95053
~~individuals who have requested services for which resources are~~	95054
~~not available.~~	95055

~~An individual placed on a county board's service substitution~~	95056
~~list before September 1, 2008, for the purpose of obtaining home~~	95057
~~and community-based services shall be deemed to have been placed~~	95058
~~on the county board's waiting list for home and community-based~~	95059
~~services on the date the individual made a request to the county~~	95060
~~board that the individual receive home and community-based~~	95061
~~services instead of the services the individual received at the~~	95062
~~time the request for home and community-based services was made to~~	95063
~~the county board.~~	95064

~~(C) A county board shall establish a separate waiting list~~	95065
~~for each of the following categories of services, and may~~	95066
~~establish separate waiting lists within the waiting lists:~~	95067

~~(1) Early childhood services;~~

95068

~~(2) Educational programs for preschool and school age~~	95069
~~children;~~	95070

~~(3) Adult services;~~

95071

~~(4) Service and support administration;~~

95072

~~(5) Residential services and supported living;~~

95073

~~(6) Transportation services;~~

95074

~~(7) Other services determined necessary and appropriate for~~	95075
~~persons with mental retardation or a developmental disability~~	95076
~~according to their individual habilitation or service plans;~~	95077

~~(8) Family support services provided under section 5126.11 of~~	95078
~~the Revised Code.~~	95079

~~(D) Except as provided in division (G) of this section, a~~	95080
~~county board shall do, as priorities, all of the following in~~	95081
~~accordance with the assessment component, approved under section~~	95082
~~5123.046 of the Revised Code, of the county board's plan developed~~	95083
~~under section 5126.054 of the Revised Code:~~	95084

~~(1) For the purpose of obtaining additional federal medicaid~~	95085
~~funds for home and community-based services and medicaid case~~	95086
~~management services, do both of the following:~~	95087

~~(a) Give an individual who is eligible for home and~~	95088
~~community-based services and meets both of the following~~	95089
~~requirements priority over any other individual on a waiting list~~	95090
~~established under division (C) of this section for home and~~	95091
~~community-based services that include supported living,~~	95092
~~residential services, or family support services:~~	95093

~~(i) Is twenty-two years of age or older;~~

95094

~~(ii) Receives supported living or family support services.~~

95095

~~(b) Give an individual who is eligible for home and~~	95096
~~community-based services and meets both of the following~~	95097
~~requirements priority over any other individual on a waiting list~~	95098
~~established under division (C) of this section for home and~~	95099
~~community-based services that include adult services:~~	95100

~~(i) Resides in the individual's own home or the home of the~~	95101
~~individual's family and will continue to reside in that home after~~	95102
~~enrollment in home and community-based services;~~	95103

~~(ii) Receives adult services from the county board.~~

95104

~~(2) As federal medicaid funds become available pursuant to~~	95105
~~division (D)(1) of this section, give an individual who is~~	95106
~~eligible for home and community-based services and meets any of~~	95107
~~the following requirements priority for such services over any~~	95108
~~other individual on a waiting list established under division (C)~~	95109
~~of this section:~~	95110

~~(a) Does not receive residential services or supported~~	95111
~~living, either needs services in the individual's current living~~	95112
~~arrangement or will need services in a new living arrangement, and~~	95113
~~has a primary caregiver who is sixty years of age or older;~~	95114

~~(b) Is less than twenty-two years of age and has at least one~~	95115
~~of the following service needs that are unusual in scope or~~	95116
~~intensity:~~	95117

~~(i) Severe behavior problems for which a behavior support~~	95118
~~plan is needed;~~	95119

~~(ii) An emotional disorder for which anti-psychotic~~	95120
~~medication is needed;~~	95121

~~(iii) A medical condition that leaves the individual~~	95122
~~dependent on life-support medical technology;~~	95123

~~(iv) A condition affecting multiple body systems for which a~~	95124
~~combination of specialized medical, psychological, educational, or~~	95125
~~habilitation services are needed;~~	95126

~~(v) A condition the county board determines to be comparable~~	95127
~~in severity to any condition described in divisions (D)(2)(b)(i)~~	95128
~~to (iv) of this section and places the individual at significant~~	95129
~~risk of institutionalization.~~	95130

~~(c) Is twenty-two years of age or older, does not receive~~	95131
~~residential services or supported living, and is determined by the~~	95132
~~county board to have intensive needs for home and community-based~~	95133
~~services on an in-home or out-of-home basis.~~	95134

~~(E) Except as provided in division (G) of this section and~~	95135
~~for a number of years and beginning on a date specified in rules~~	95136
~~adopted under division (K) of this section, a county board shall~~	95137
~~give an individual who is eligible for home and community-based~~	95138
~~services, resides in a nursing facility, and chooses to move to~~	95139
~~another setting with the help of home and community-based~~	95140
~~services, priority over any other individual on a waiting list~~	95141
~~established under division (C) of this section for home and~~	95142
~~community-based services who does not meet these criteria.~~	95143

~~(F) If two or more individuals on a waiting list established~~	95144
~~under division (C) of this section for home and community-based~~	95145
~~services have priority for the services pursuant to division~~	95146
~~(D)(1) or (2) or (E) of this section, a county board may use~~	95147
~~criteria specified in rules adopted under division (K)(2) of this~~	95148
~~section in determining the order in which the individuals with~~	95149
~~priority will be offered the services. Otherwise, the county board~~	95150
~~shall offer the home and community-based services to such~~	95151
~~individuals in the order they are placed on the waiting list.~~	95152

~~(G) No individual may receive priority for services pursuant~~	95153
~~to division (D) or (E) of this section over an individual placed~~	95154
~~on a waiting list established under division (C) of this section~~	95155
~~on an emergency status.~~	95156

~~(H) Prior to establishing any waiting list under this~~	95157
~~section, a county board shall develop and implement a policy for~~	95158
~~waiting lists that complies with this section and rules adopted~~	95159
~~under division (K) of this section.~~	95160

~~Prior to placing an individual on a waiting list, the county~~	95161
~~board shall assess the service needs of the individual in~~	95162
~~accordance with all applicable state and federal laws. The county~~	95163
~~board shall place the individual on the appropriate waiting list~~	95164
~~and may place the individual on more than one waiting list. The~~	95165
~~county board shall notify the individual of the individual's~~	95166
~~placement and position on each waiting list on which the~~	95167
~~individual is placed.~~	95168

~~At least annually, the county board shall reassess the~~	95169
~~service needs of each individual on a waiting list. If it~~	95170
~~determines that an individual no longer needs a program or~~	95171
~~service, the county board shall remove the individual from the~~	95172
~~waiting list. If it determines that an individual needs a program~~	95173
~~or service other than the one for which the individual is on the~~	95174
~~waiting list, the county board shall provide the program or~~	95175
~~service to the individual or place the individual on a waiting~~	95176
~~list for the program or service in accordance with the board's~~	95177
~~policy for waiting lists.~~	95178

~~When a program or service for which there is a waiting list~~	95179
~~becomes available, the county board shall reassess the service~~	95180
~~needs of the individual next scheduled on the waiting list to~~	95181
~~receive that program or service. If the reassessment demonstrates~~	95182
~~that the individual continues to need the program or service, the~~	95183
~~board shall offer the program or service to the individual. If it~~	95184
~~determines that an individual no longer needs a program or~~	95185
~~service, the county board shall remove the individual from the~~	95186
~~waiting list. If it determines that an individual needs a program~~	95187
~~or service other than the one for which the individual is on the~~	95188
~~waiting list, the county board shall provide the program or~~	95189
~~service to the individual or place the individual on a waiting~~	95190
~~list for the program or service in accordance with the board's~~	95191
~~policy for waiting lists. The county board shall notify the~~	95192
~~individual of the individual's placement and position on the~~	95193
~~waiting list on which the individual is placed.~~	95194

~~(I) A child subject to a determination made pursuant to~~	95195
~~section 121.38 of the Revised Code who requires the home and~~	95196
~~community-based services provided through a medicaid component~~	95197
~~that the department of developmental disabilities administers~~	95198
~~under section 5111.871 of the Revised Code shall receive services~~	95199
~~through that medicaid component. For all other services, a child~~	95200
~~subject to a determination made pursuant to section 121.38 of the~~	95201
~~Revised Code shall be treated as an emergency by the county boards~~	95202
~~and shall not be subject to a waiting list.~~	95203

~~(J) Not later than the fifteenth day of March of each~~	95204
~~even-numbered year, each county board shall prepare and submit to~~	95205
~~the director of developmental disabilities its recommendations for~~	95206
~~the funding of services for individuals with mental retardation~~	95207
~~and developmental disabilities and its proposals for reducing the~~	95208
~~waiting lists for services.~~	95209

~~(K)(1) The department of developmental disabilities shall~~	95210
~~adopt rules in accordance with Chapter 119. of the Revised Code~~	95211
~~governing waiting lists established under this section. The rules~~	95212
~~shall include procedures to be followed to ensure that the due~~	95213
~~process rights of individuals placed on waiting lists are not~~	95214
~~violated.~~	95215

~~(2) As part of the rules adopted under this division, the~~	95216
~~department shall adopt rules establishing criteria a county board~~	95217
~~may use under division (F) of this section in determining the~~	95218
~~order in which individuals with priority for home and~~	95219
~~community-based services will be offered the services. The rules~~	95220
~~shall also specify conditions under which a county board, when~~	95221
~~there is no individual with priority for home and community-based~~	95222
~~services pursuant to division (D)(1) or (2) or (E) of this section~~	95223
~~available and appropriate for the services, may offer the services~~	95224
~~to an individual on a waiting list for the services but not given~~	95225
~~such priority for the services.~~	95226

~~(3) As part of the rules adopted under this division, the~~	95227
~~department shall adopt rules specifying both of the following for~~	95228
~~the priority category established under division (E) of this~~	95229
~~section:~~	95230

~~(a) The number of years, which shall not exceed five, that~~	95231
~~the priority category will be in effect;~~	95232

~~(b) The date that the priority category is to go into effect.~~

95233

~~(L) The following shall take precedence over the applicable~~	95234
~~provisions of this section:~~	95235

~~(1) Medicaid rules and regulations;~~

95236

~~(2) Any specific requirements that may be contained within a~~	95237
~~medicaid state plan amendment or waiver program that a county~~	95238
~~board has authority to administer or with respect to which it has~~	95239
~~authority to provide services, programs, or supports.~~	95240

Sec. 5126.05. (A) Subject to the rules established by the	95241
director of developmental disabilities pursuant to Chapter 119. of	95242
the Revised Code for programs and services offered pursuant to	95243
this chapter, and subject to the rules established by the state	95244
board of education pursuant to Chapter 119. of the Revised Code	95245
for programs and services offered pursuant to Chapter 3323. of the	95246
Revised Code, the county board of developmental disabilities	95247
shall:	95248

(1) Administer and operate facilities, programs, and services	95249
as provided by this chapter and Chapter 3323. of the Revised Code	95250
and establish policies for their administration and operation;	95251

(2) Coordinate, monitor, and evaluate existing services and	95252
facilities available to individuals with mental retardation and	95253
developmental disabilities;	95254

(3) Provide early childhood services, supportive home	95255
services, and adult services, according to the plan and priorities	95256
developed under section 5126.04 of the Revised Code;	95257

(4) Provide or contract for special education services	95258
pursuant to Chapters ~~3306.,~~ 3317. and 3323. of the Revised Code	95259
and ensure that related services, as defined in section 3323.01 of	95260
the Revised Code, are available according to the plan and	95261
priorities developed under section 5126.04 of the Revised Code;	95262

(5) Adopt a budget, authorize expenditures for the purposes	95263
specified in this chapter and do so in accordance with section	95264
319.16 of the Revised Code, approve attendance of board members	95265
and employees at professional meetings and approve expenditures	95266
for attendance, and exercise such powers and duties as are	95267
prescribed by the director;	95268

(6) Submit annual reports of its work and expenditures,	95269
pursuant to sections 3323.09 and 5126.12 of the Revised Code, to	95270
the director, the superintendent of public instruction, and the	95271
board of county commissioners at the close of the fiscal year and	95272
at such other times as may reasonably be requested;	95273

(7) Authorize all positions of employment, establish	95274
compensation, including but not limited to salary schedules and	95275
fringe benefits for all board employees, approve contracts of	95276
employment for management employees that are for a term of more	95277
than one year, employ legal counsel under section 309.10 of the	95278
Revised Code, and contract for employee benefits;	95279

(8) Provide service and support administration in accordance	95280
with section 5126.15 of the Revised Code;	95281

(9) Certify respite care homes pursuant to rules adopted	95282
under section 5123.171 of the Revised Code by the director of	95283
developmental disabilities.	95284

(B) To the extent that rules adopted under this section apply	95285
to the identification and placement of children with disabilities	95286
under Chapter 3323. of the Revised Code, they shall be consistent	95287
with the standards and procedures established under sections	95288
3323.03 to 3323.05 of the Revised Code.	95289

(C) Any county board may enter into contracts with other such	95290
boards and with public or private, nonprofit, or profit-making	95291
agencies or organizations of the same or another county, to	95292
provide the facilities, programs, and services authorized or	95293
required, upon such terms as may be agreeable, and in accordance	95294
with this chapter and Chapter 3323. of the Revised Code and rules	95295
adopted thereunder and in accordance with sections 307.86 and	95296
5126.071 of the Revised Code.	95297

(D) A county board may combine transportation for children	95298
and adults enrolled in programs and services offered under ~~section~~	95299
~~5126.12~~Chapter 5126. of the Revised Code with transportation for	95300
children enrolled in classes funded under section 3317.20 or units	95301
approved under section 3317.05 of the Revised Code.	95302

(E) A county board may purchase all necessary insurance	95303
policies, may purchase equipment and supplies through the	95304
department of administrative services or from other sources, and	95305
may enter into agreements with public agencies or nonprofit	95306
organizations for cooperative purchasing arrangements.	95307

(F) A county board may receive by gift, grant, devise, or	95308
bequest any moneys, lands, or property for the benefit of the	95309
purposes for which the board is established and hold, apply, and	95310
dispose of the moneys, lands, and property according to the terms	95311
of the gift, grant, devise, or bequest. All money received by	95312
gift, grant, bequest, or disposition of lands or property received	95313
by gift, grant, devise, or bequest shall be deposited in the	95314
county treasury to the credit of such board and shall be available	95315
for use by the board for purposes determined or stated by the	95316
donor or grantor, but may not be used for personal expenses of the	95317
board members. Any interest or earnings accruing from such gift,	95318
grant, devise, or bequest shall be treated in the same manner and	95319
subject to the same provisions as such gift, grant, devise, or	95320
bequest.	95321

(G) The board of county commissioners shall levy taxes and	95322
make appropriations sufficient to enable the county board of	95323
developmental disabilities to perform its functions and duties,	95324
and may utilize any available local, state, and federal funds for	95325
such purpose.	95326

Sec. 5126.054. (A) Each county board of developmental	95327
disabilities shall, by resolution, develop a three-calendar year	95328
plan that includes the following three components:	95329

(1) An assessment component that includes all of the	95330
following:	95331

(a) The number of individuals with mental retardation or	95332
other developmental disability residing in the county who need the	95333
level of care provided by an intermediate care facility for the	95334
mentally retarded, may seek home and community-based services, and	95335
are given priority on a waiting list established for the services	95336
pursuant to ~~division (D) of~~ section 5126.042 of the Revised Code;	95337
the service needs of those individuals; and the projected	95338
annualized cost for services;	95339

(b) The source of funds available to the county board to pay	95340
the nonfederal share of medicaid expenditures that the county	95341
board is required by sections 5126.059 and 5126.0510 of the	95342
Revised Code to pay;	95343

(c) Any other applicable information or conditions that the	95344
department of developmental disabilities requires as a condition	95345
of approving the component under section 5123.046 of the Revised	95346
Code.	95347

(2) A preliminary implementation component that specifies the	95348
number of individuals to be provided, during the first year that	95349
the plan is in effect, home and community-based services pursuant	95350
to the priority on a waiting list established under section	95351
5126.042 of the Revised Code given to them ~~under divisions (D)(1)~~	95352
~~and (2) of~~pursuant to rules adopted under that section ~~5126.042~~	95353
~~of the Revised Code~~ and the types of home and community-based	95354
services the individuals are to receive;	95355

(3) A component that provides for the implementation of	95356
medicaid case management services and home and community-based	95357
services for individuals who begin to receive the services on or	95358
after the date the plan is approved under section 5123.046 of the	95359
Revised Code. A county board shall include all of the following in	95360
the component:	95361

(a) If the department of developmental disabilities or	95362
department of job and family services requires, an agreement to	95363
pay the nonfederal share of medicaid expenditures that the county	95364
board is required by sections 5126.059 and 5126.0510 of the	95365
Revised Code to pay;	95366

(b) How the services are to be phased in over the period the	95367
plan covers, including how the county board will serve individuals	95368
who have priority on a waiting list established under ~~division (C)~~	95369
of section 5126.042 ~~who are given priority status under division~~	95370
~~(D)(1) of that section~~of the Revised Code;	95371

(c) Any agreement or commitment regarding the county board's	95372
funding of home and community-based services that the county board	95373
has with the department at the time the county board develops the	95374
component;	95375

(d) Assurances adequate to the department that the county	95376
board will comply with all of the following requirements:	95377

(i) To provide the types of home and community-based services	95378
specified in the preliminary implementation component required by	95379
division (A)(2) of this section to at least the number of	95380
individuals specified in that component;	95381

(ii) To use any additional funds the county board receives	95382
for the services to improve the county board's resource	95383
capabilities for supporting such services available in the county	95384
at the time the component is developed and to expand the services	95385
to accommodate the unmet need for those services in the county;	95386

(iii) To employ or contract with a business manager or enter	95387
into an agreement with another county board of developmental	95388
disabilities that employs or contracts with a business manager to	95389
have the business manager serve both county boards. No	95390
superintendent of a county board may serve as the county board's	95391
business manager.	95392

(iv) To employ or contract with a medicaid services manager	95393
or enter into an agreement with another county board of	95394
developmental disabilities that employs or contracts with a	95395
medicaid services manager to have the medicaid services manager	95396
serve both county boards. No superintendent of a county board may	95397
serve as the county board's medicaid services manager.	95398

(e) Programmatic and financial accountability measures and	95399
projected outcomes expected from the implementation of the plan;	95400

(f) Any other applicable information or conditions that the	95401
department requires as a condition of approving the component	95402
under section 5123.046 of the Revised Code.	95403

(B) A county board whose plan developed under division (A) of	95404
this section is approved by the department under section 5123.046	95405
of the Revised Code shall update and renew the plan in accordance	95406
with a schedule the department shall develop.	95407

Sec. 5126.0510. (A) Except as otherwise provided in an	95408
agreement entered into under section 5123.048 of the Revised Code	95409
and subject to divisions (B), (C), and (D) of this section, a	95410
county board of developmental disabilities shall pay the	95411
nonfederal share of medicaid expenditures for the following home	95412
and community-based services provided to an individual with mental	95413
retardation or other developmental disability who the county board	95414
determines under section 5126.041 of the Revised Code is eligible	95415
for county board services:	95416

(1) Home and community-based services provided by the county	95417
board to such an individual;	95418

(2) Home and community-based services provided by a provider	95419
other than the county board to such an individual who is enrolled	95420
as of June 30, 2007, in the medicaid waiver component under which	95421
the services are provided;	95422

(3) Home and community-based services provided by a provider	95423
other than the county board to such an individual who, pursuant to	95424
a request the county board makes, enrolls in the medicaid waiver	95425
component under which the services are provided after June 30,	95426
2007;	95427

(4) Home and community-based services provided by a provider	95428
other than the county board to such an individual for whom there	95429
is in effect an agreement entered into under division (E) of this	95430
section between the county board and director of developmental	95431
disabilities.	95432

(B) In the case of medicaid expenditures for home and	95433
community-based services for which division (A)(2) of this section	95434
requires a county board to pay the nonfederal share, the following	95435
shall apply to such services provided during fiscal year 2008	95436
under the individual options medicaid waiver component:	95437

(1) The county board shall pay no less than the total amount	95438
the county board paid as the nonfederal share for home and	95439
community-based services provided in fiscal year 2007 under the	95440
individual options medicaid waiver component;	95441

(2) The county board shall pay no more than the sum of the	95442
following:	95443

(a) The total amount the county board paid as the nonfederal	95444
share for home and community-based services provided in fiscal	95445
year 2007 under the individual options medicaid waiver component;	95446

(b) An amount equal to one per cent of the total amount the	95447
department of developmental disabilities and county board paid as	95448
the nonfederal share for home and community-based services	95449
provided in fiscal year 2007 under the individual options medicaid	95450
waiver component to individuals the county board determined under	95451
section 5126.041 of the Revised Code are eligible for county board	95452
services.	95453

(C) A county board is not required to pay the nonfederal	95454
share of home and community-based services provided after June 30,	95455
2008, that the county board is otherwise required by division	95456
(A)(2) of this section to pay if the department of developmental	95457
disabilities fails to comply with division (A) of section	95458
5123.0416 of the Revised Code.	95459

(D) A county board is not required to pay the nonfederal	95460
share of home and community-based services that the county board	95461
is otherwise required by division (A)(3) of this section to pay if	95462
both of the following apply:	95463

(1) The services are provided to an individual who enrolls in	95464
the medicaid waiver component under which the services are	95465
provided as the result of an order issued following a state	95466
hearing, administrative appeal, or appeal to a court of common	95467
pleas made under section 5101.35 of the Revised Code;	95468

(2) There are more individuals who are eligible for services	95469
from the county board enrolled in ~~the medicaid waiver component~~	95470
home and community-based services than is required by section	95471
5126.0512 of the Revised Code.	95472

(E) A county board may enter into an agreement with the	95473
director of developmental disabilities under which the county	95474
board agrees to pay the nonfederal share of medicaid expenditures	95475
for one or more home and community-based services that the county	95476
board is not otherwise required by division (A)(1), (2), or (3) of	95477
this section to pay and that are provided to an individual the	95478
county board determines under section 5126.041 of the Revised Code	95479
is eligible for county board services. The agreement shall specify	95480
which home and community-based services the agreement covers. The	95481
county board shall pay the nonfederal share of medicaid	95482
expenditures for the home and community-based services that the	95483
agreement covers as long as the agreement is in effect.	95484

Sec. 5126.0511. (A) A county board of developmental	95485
disabilities may use the following funds to pay the nonfederal	95486
share of the medicaid expenditures that the county board is	95487
required by sections 5126.059 and 5126.0510 of the Revised Code to	95488
pay:	95489

(1) To the extent consistent with the levy that generated the	95490
taxes, the following taxes:	95491

(a) Taxes levied pursuant to division (L) of section 5705.19	95492
of the Revised Code and section 5705.222 of the Revised Code;	95493

(b) Taxes levied under section 5705.191 of the Revised Code	95494
that the board of county commissioners allocates to the county	95495
board.	95496

(2) Funds that the department of developmental disabilities	95497
distributes to the county board under ~~sections 5126.11 and~~section	95498
5126.18 of the Revised Code and for purposes of the family support	95499
services program established under section 5126.11 of the Revised	95500
Code;	95501

(3) Earned federal revenue funds the county board receives	95502
for medicaid services the county board provides pursuant to the	95503
county board's valid medicaid provider agreement;	95504

(4) Funds that the department of developmental disabilities	95505
distributes to the county board as subsidy payments;	95506

(5) In the case of medicaid expenditures for home and	95507
community-based services, funds allocated to or otherwise made	95508
available for the county board under section 5123.0416 of the	95509
Revised Code to pay the nonfederal share of such medicaid	95510
expenditures.	95511

(B) Each year, each county board shall adopt a resolution	95512
specifying the amount of funds it will use in the next year to pay	95513
the nonfederal share of the medicaid expenditures that the county	95514
board is required by sections 5126.059 and 5126.0510 of the	95515
Revised Code to pay. The amount specified shall be adequate to	95516
assure that the services for which the medicaid expenditures are	95517
made will be available in the county in a manner that conforms to	95518
all applicable state and federal laws. A county board shall state	95519
in its resolution that the payment of the nonfederal share	95520
represents an ongoing financial commitment of the county board. A	95521
county board shall adopt the resolution in time for the county	95522
auditor to make the determination required by division (C) of this	95523
section.	95524

(C) Each year, a county auditor shall determine whether the	95525
amount of funds a county board specifies in the resolution it	95526
adopts under division (B) of this section will be available in the	95527
following year for the county board to pay the nonfederal share of	95528
the medicaid expenditures that the county board is required by	95529
sections 5126.059 and 5126.0510 of the Revised Code to pay. The	95530
county auditor shall make the determination not later than the	95531
last day of the year before the year in which the funds are to be	95532
used.	95533

Sec. 5126.0512. (A) ~~As used in this section, "medicaid~~	95534
~~waiver component" means a medicaid waiver component as defined in~~	95535
~~section 5111.85 of the Revised Code under which home and~~	95536
~~community-based services are provided.~~	95537

~~(B) Effective July 1, 2007, and except~~Except as provided in	95538
rules adopted under section 5123.0413 of the Revised Code, each	95539
county board of developmental disabilities shall ensure~~, for each~~	95540
~~medicaid waiver component,~~ that the number of individuals eligible	95541
under section 5126.041 of the Revised Code for services from the	95542
county board who are enrolled in ~~a medicaid waiver component~~home	95543
and community-based services is no less than the sum of the	95544
following:	95545

(1) The number of individuals eligible for services from the	95546
county board who are enrolled in ~~the medicaid waiver component~~	95547
home and community-based services on June 30, 2007;	95548

(2) The number of ~~medicaid waiver component~~home and	95549
community-based services slots the county board requested before	95550
July 1, 2007, that were assigned to the county board before that	95551
date but in which no individual was enrolled before that date.	95552

~~(C)~~(B) An individual enrolled in ~~a medicaid waiver component~~	95553
home and community-based services after March 1, 2007, due to an	95554
emergency reserve capacity waiver assignment shall not be counted	95555
in determining the number of individuals a county board must	95556
ensure under division ~~(B)~~(A) of this section are enrolled in a	95557
~~medicaid waiver component~~home and community-based services.	95558

~~(D)~~(C) An individual who is enrolled in ~~a medicaid waiver~~	95559
~~component~~home and community-based services to comply with the	95560
terms of the consent order filed March 5, 2007, in Martin v.	95561
Strickland, Case No. 89-CV-00362, in the United States district	95562
court for the southern district of Ohio, eastern division, shall	95563
be excluded in determining whether a county board has complied	95564
with division ~~(B)~~(A) of this section.	95565

~~(E)~~(D) A county board shall make as many requests for	95566
individuals to be enrolled in ~~a medicaid waiver component~~home and	95567
community-based services as necessary for the county board to	95568
comply with division ~~(B)~~(A) of this section.	95569

Sec. 5126.08. (A) The director of developmental disabilities	95570
shall adopt rules in accordance with Chapter 119. of the Revised	95571
Code for all programs and services offered by a county board of	95572
developmental disabilities. Such rules shall include, but are not	95573
limited to, the following:	95574

(1) Determination of what constitutes a program or service;

95575

(2) Standards to be followed by a board in administering,	95576
providing, arranging, or operating programs and services;	95577

(3) Standards for determining the nature and degree of mental	95578
retardation, including mild mental retardation, or developmental	95579
disability;	95580

(4) Standards for determining eligibility for programs and	95581
services under ~~sections 5126.042 and~~section 5126.15 of the	95582
Revised Code;	95583

(5) Procedures for obtaining consent for the arrangement of	95584
services under section 5126.31 of the Revised Code and for	95585
obtaining signatures on individual service plans under that	95586
section;	95587

(6) Specification of the service and support administration	95588
to be provided by a county board and standards for resolving	95589
grievances in connection with service and support administration;	95590

~~(7) Standards for the provision of environmental~~	95591
~~modifications, including standards that require adherence to all~~	95592
~~applicable state and local building codes;~~	95593

~~(8) Standards for the provision of specialized medical,~~	95594
~~adaptive, and assistive equipment, supplies, and supports~~.	95595

(B) The director shall be the final authority in determining	95596
the nature and degree of mental retardation or developmental	95597
disability.	95598

Sec. 5126.11. (A) As used in this section, "respite care"	95599
means appropriate, short-term, temporary care that is provided to	95600
a mentally retarded or developmentally disabled person to sustain	95601
the family structure or to meet planned or emergency needs of the	95602
family.	95603

(B) Subject to rules adopted by the director of developmental	95604
disabilities, and subject to the availability of money from state	95605
and federal sources, the county board of developmental	95606
disabilities shall establish a family support services program.	95607
Under such a program, the board shall make payments to an	95608
individual with mental retardation or other developmental	95609
disability or the family of an individual with mental retardation	95610
or other developmental disability who desires to remain in and be	95611
supported in the family home. Payments shall be made for all or	95612
part of costs incurred or estimated to be incurred for services	95613
that would promote self-sufficiency and normalization, prevent or	95614
reduce inappropriate institutional care, and further the unity of	95615
the family by enabling the family to meet the special needs of the	95616
individual and to live as much like other families as possible.	95617
Payments may be made in the form of reimbursement for expenditures	95618
or in the form of vouchers to be used to purchase services.	95619

(C) Payment shall not be made under this section to an	95620
individual or the individual's family if the individual is living	95621
in a residential facility that is providing residential services	95622
under contract with the department of developmental disabilities	95623
or a county board.	95624

(D) Payments may be made for the following services:

95625

(1) Respite care, in or out of the home;

95626

(2) Counseling, supervision, training, and education of the	95627
individual, the individual's caregivers, and members of the	95628
individual's family that aid the family in providing proper care	95629
for the individual, provide for the special needs of the family,	95630
and assist in all aspects of the individual's daily living;	95631

(3) Special diets, purchase or lease of special equipment, or	95632
modifications of the home, if such diets, equipment, or	95633
modifications are necessary to improve or facilitate the care and	95634
living environment of the individual;	95635

(4) Providing support necessary for the individual's	95636
continued skill development, including such services as	95637
development of interventions to cope with unique problems that may	95638
occur within the complexity of the family, enrollment of the	95639
individual in special summer programs, provision of appropriate	95640
leisure activities, and other social skills development	95641
activities;	95642

(5) Any other services that are consistent with the purposes	95643
specified in division (B) of this section and specified in the	95644
individual's service plan.	95645

(E) In order to be eligible for payments under a family	95646
support services program, the individual or the individual's	95647
family must reside in the county served by the county board, and	95648
the individual must be in need of habilitation. Payments shall be	95649
adjusted for income in accordance with the payment schedule	95650
established in rules adopted under this section. Payments shall be	95651
made only after the county board has taken into account all other	95652
available assistance for which the individual or family is	95653
eligible.	95654

(F) Before incurring expenses for a service for which payment	95655
will be sought under a family support services program, the	95656
individual or family shall apply to the county board for a	95657
determination of eligibility and approval of the service. The	95658
service need not be provided in the county served by the county	95659
board. After being determined eligible and receiving approval for	95660
the service, the individual or family may incur expenses for the	95661
service or use the vouchers received from the county board for the	95662
purchase of the service.	95663

If the county board refuses to approve a service, an appeal	95664
may be made in accordance with rules adopted by the department	95665
under this section.	95666

(G) To be reimbursed for expenses incurred for approved	95667
services, the individual or family shall submit to the county	95668
board a statement of the expenses incurred accompanied by any	95669
evidence required by the board. To redeem vouchers used to	95670
purchase approved services, the entity that provided the service	95671
shall submit to the county board evidence that the service was	95672
provided and a statement of the charges. The county board shall	95673
make reimbursements and redeem vouchers no later than forty-five	95674
days after it receives the statements and evidence required by	95675
this division.	95676

(H) A county board shall consider the following objectives in	95677
carrying out a family support services program:	95678

(1) Enabling individuals to return to their families from an	95679
institution under the jurisdiction of the department of	95680
developmental disabilities;	95681

(2) Enabling individuals found to be subject to	95682
institutionalization by court order under section 5123.76 of the	95683
Revised Code to remain with their families with the aid of	95684
payments provided under this section;	95685

(3) Providing services to eligible children and adults	95686
currently residing in the community;	95687

(4) Providing services to individuals with developmental	95688
disabilities who are not receiving other services from the board.	95689

(I) The director shall adopt, and may amend and rescind,	95690
rules for the implementation of family support services programs	95691
by county boards. Such rules shall include the following:	95692

(1) A payment schedule adjusted for income;

95693

(2) ~~A formula for distributing to county boards the money~~	95694
~~appropriated for family support services;~~	95695

~~(3)~~ Standards for supervision, training, and quality control	95696
in the provision of respite care services;	95697

~~(4)~~(3) Eligibility standards and procedures for providing	95698
temporary emergency respite care;	95699

~~(5)~~(4) Procedures for hearing and deciding appeals made under	95700
division (F) of this section;	95701

~~(6) Requirements to be followed by county boards regarding~~	95702
~~reports submitted under division (K) of this section~~.	95703

Rules adopted under ~~divisions~~division (I)(1) ~~and (2)~~ of this	95704
section shall be adopted in accordance with section 111.15 of the	95705
Revised Code. Rules adopted under divisions (I)~~(3)~~(2) to ~~(6)~~(4) of	95706
this section shall be adopted in accordance with Chapter 119. of	95707
the Revised Code.	95708

(J) All individuals certified by the superintendent of the	95709
county board as eligible for temporary emergency respite care in	95710
accordance with rules adopted under this section shall be	95711
considered eligible for temporary emergency respite care for not	95712
more than five days to permit the determination of eligibility for	95713
family support services. The requirements of divisions (E) and (F)	95714
of this section do not apply to temporary emergency respite care.	95715

(K) ~~The department of developmental disabilities shall~~	95716
~~distribute to county boards money appropriated for family support~~	95717
~~services in quarterly installments of equal amounts. The~~	95718
~~installments shall be made not later than the thirtieth day of~~	95719
~~September, the thirty-first day of December, the thirty-first day~~	95720
~~of March, and the thirtieth day of June. A county board shall use~~	95721
~~no more than seven per cent of the funds for administrative costs.~~	95722
~~Each county board shall submit reports to the department on~~	95723
~~payments made under this section. The reports shall be submitted~~	95724
~~at those times and in the manner specified in rules adopted under~~	95725
~~this section.~~	95726

~~(L)~~ The county board shall not be required to make payments	95727
for family support services at a level that exceeds available	95728
state and federal funds for such payments.	95729

Sec. 5126.12. ~~(A) As used in this section:~~

95730

~~(1) "Approved school age class" means a class operated by a~~	95731
~~county board of developmental disabilities and funded by the~~	95732
~~department of education under section 3317.20 of the Revised Code.~~	95733

~~(2) "Approved preschool unit" means a class or unit operated~~	95734
~~by a county board of developmental disabilities and approved under~~	95735
~~division (B) of section 3317.05 of the Revised Code.~~	95736

~~(3) "Active treatment" means a continuous treatment program,~~	95737
~~which includes aggressive, consistent implementation of a program~~	95738
~~of specialized and generic training, treatment, health services,~~	95739
~~and related services, that is directed toward the acquisition of~~	95740
~~behaviors necessary for an individual with mental retardation or~~	95741
~~other developmental disability to function with as much~~	95742
~~self-determination and independence as possible and toward the~~	95743
~~prevention of deceleration, regression, or loss of current optimal~~	95744
~~functional status.~~	95745

~~(4) "Eligible for active treatment" means that an individual~~	95746
~~with mental retardation or other developmental disability resides~~	95747
~~in an intermediate care facility for the mentally retarded~~	95748
~~certified under Title XIX of the "Social Security Act," 79 Stat.~~	95749
~~286 (1965), 42 U.S.C. 1396, as amended; resides in a state~~	95750
~~institution operated by the department of developmental~~	95751
~~disabilities; or is enrolled in home and community-based services.~~	95752

~~(5) "Traditional adult services" means vocational and~~	95753
~~nonvocational activities conducted within a sheltered workshop or~~	95754
~~adult activity center or supportive home services.~~	95755

~~(B) Each~~On or before the last day of each April, each county	95756
board of developmental disabilities shall certify to the director	95757
of developmental disabilities ~~all of the following:~~	95758

~~(1) On or before the fifteenth day of October, the average~~	95759
~~daily membership for the first full week of programs and services~~	95760
~~during October receiving:~~	95761

~~(a) Early childhood services provided pursuant to section~~	95762
~~5126.05 of the Revised Code for children who are less than three~~	95763
~~years of age on the thirtieth day of September of the academic~~	95764
~~year;~~	95765

~~(b) Special education for children with disabilities in~~	95766
~~approved school age classes;~~	95767

~~(c) Adult services for persons sixteen years of age and older~~	95768
~~operated pursuant to section 5126.05 and division (B) of section~~	95769
~~5126.051 of the Revised Code. Separate counts shall be made for~~	95770
~~the following:~~	95771

~~(i) Persons enrolled in traditional adult services who are~~	95772
~~eligible for but not enrolled in active treatment;~~	95773

~~(ii) Persons enrolled in traditional adult services who are~~	95774
~~eligible for and enrolled in active treatment;~~	95775

~~(iii) Persons enrolled in traditional adult services but who~~	95776
~~are not eligible for active treatment;~~	95777

~~(iv) Persons participating in community employment services.~~	95778
~~To be counted as participating in community employment services, a~~	95779
~~person must have spent an average of no less than ten hours per~~	95780
~~week in that employment during the preceding six months.~~	95781

~~(d) Other programs in the county for individuals with mental~~	95782
~~retardation and developmental disabilities that have been approved~~	95783
~~for payment of subsidy by the department of developmental~~	95784
~~disabilities.~~	95785

~~The membership in each such program and service in the county~~	95786
~~shall be reported on forms prescribed by the department of~~	95787
~~developmental disabilities.~~	95788

~~The department of developmental disabilities shall adopt~~	95789
~~rules defining full-time equivalent enrollees and for determining~~	95790
~~the average daily membership therefrom, except that certification~~	95791
~~of average daily membership in approved school age classes shall~~	95792
~~be in accordance with rules adopted by the state board of~~	95793
~~education. The average daily membership figure shall be determined~~	95794
~~by dividing the amount representing the sum of the number of~~	95795
~~enrollees in each program or service in the week for which the~~	95796
~~certification is made by the number of days the program or service~~	95797
~~was offered in that week. No enrollee may be counted in average~~	95798
~~daily membership for more than one program or service.~~	95799

~~(2) By the fifteenth day of December, the number of children~~	95800
~~enrolled in approved preschool units on the first day of December;~~	95801

~~(3) On or before the thirtieth day of April, an itemized~~	95802
~~report of~~ all of the county board's income and operating	95803
expenditures for the immediately preceding calendar year,. The	95804
certification shall be provided in an itemized report prepared and	95805
submitted in ~~the~~a format specified by the department of	95806
developmental disabilities;	95807

~~(4) That each required certification and report is~~ in	95808
~~accordance with~~ rules ~~established by the department of~~	95809
~~developmental disabilities and the state board of education for~~	95810
~~the operation and subsidization of the programs and services~~.	95811

Sec. 5126.18. (A) As used in this section:

95812

(1) "Taxable value" means the taxable value of a county	95813
certified under division (B) of this section.	95814

(2) "Per-mill yield" means the quotient obtained by dividing	95815
the taxable value of a county by one thousand.	95816

(3) "Population" of a county means that shown by the federal	95817
census for a census year or, for a noncensus year, the population	95818
as estimated by the department of development.	95819

(4) "Six-year moving average" means the average of the	95820
per-mill yields of a county for the most recent six years.	95821

(5) "Yield per person" means the quotient obtained by	95822
dividing the six-year moving average of a county by the population	95823
of that county.	95824

(6) "Tax equity payments" means payments to county boards of	95825
developmental disabilities under this section or a prior version	95826
of this section from money appropriated by the general assembly to	95827
the department of developmental disabilities for that purpose.	95828

(7) "Eligible county" means a county determined under	95829
division (C) of this section to be eligible for tax equity	95830
payments for the two-year period for which that determination is	95831
made.	95832

(8) "Threshold county" means the county with the lowest yield	95833
per person that is determined not to be eligible to receive tax	95834
equity payments.	95835

(B) At the request of the director of developmental	95836
disabilities, the tax commissioner shall certify to the director	95837
the taxable value of property on each county's most recent tax	95838
list of real and public utility property. The director may request	95839
any other tax information necessary for the purposes of this	95840
section.	95841

(C) Beginning in 2011, on or before the thirty-first day of	95842
May of that year and of every second year thereafter, the director	95843
of developmental disabilities shall determine whether a county is	95844
eligible to receive tax equity payments for the ensuing two fiscal	95845
years as follows:	95846

(1) The director shall determine the six-year moving average,	95847
population, and yield per person of each county in the state,	95848
based on the most recent information available.	95849

(2) The director shall calculate a tax equity funding	95850
threshold by adding the population of the county with the lowest	95851
yield per person and the populations of individual counties in	95852
order from lowest yield per person to highest yield per person	95853
until the addition of the population of another county would	95854
increase the aggregate sum to over thirty per cent of the total	95855
state population. A county is eligible to receive tax equity	95856
payments for the two-year period if its population is included in	95857
the calculation of the threshold and the addition of its	95858
population does not increase such sum to over thirty per cent of	95859
the total state population.	95860

(D)(1) Except as provided in divisions (D)(2) and (3) of this	95861
section, beginning in fiscal year 2012 and for each fiscal year	95862
thereafter, the director shall make tax equity payments to each	95863
eligible county equal to the population of the county multiplied	95864
by the difference between the yield per person of the threshold	95865
county and the yield per person of the eligible county. For	95866
purposes of this division, the population and yield per person of	95867
a county equal the population and yield per person most recently	95868
determined for that county under division (C)(1) of this section.	95869
The payments shall be made in quarterly installments of equal	95870
amounts not later than the thirtieth day of September, the	95871
thirty-first day of December, the thirty-first day of March, and	95872
the thirtieth day of June of each fiscal year.	95873

(2) In fiscal year 2012, if the amount determined under	95874
division (D)(1) of this section for an eligible county is at least	95875
twenty thousand dollars greater than or twenty thousand dollars	95876
less than the amount of tax equity payments the county received in	95877
fiscal year 2011, the county's tax equity payments for fiscal	95878
years 2012 through 2014 shall equal the following:	95879

(a) For fiscal year 2012, one-fourth of the amount calculated	95880
for the eligible county under division (D)(1) of this section plus	95881
three-fourths of the amount of tax equity payments the county	95882
received in fiscal year 2011;	95883

(b) For fiscal year 2013, one-half of the amount calculated	95884
for the eligible county under division (D)(1) of this section plus	95885
one-half of the amount of tax equity payments the county received	95886
in fiscal year 2011;	95887

(c) For fiscal year 2014, three-fourths of the amount	95888
calculated for the eligible county under division (D)(1) of this	95889
section plus one-fourth of the amount of tax equity payments the	95890
county received in fiscal year 2011.	95891

(3) In any fiscal year, if the total amount of tax equity	95892
payments for all eligible counties as determined under divisions	95893
(D)(1) and (2) of this section is greater than the amount	95894
appropriated to the department of developmental disabilities for	95895
the purpose of making such payments in that fiscal year, the	95896
director shall reduce the payments to each eligible county board	95897
in equal proportion. If the total amount of tax equity payments as	95898
determined under that division is less than the amount	95899
appropriated to the department for that purpose, the director	95900
shall determine how to allocate the excess money after	95901
consultation with the Ohio association of county boards serving	95902
people with developmental disabilities.	95903

(4) Tax equity payments shall be paid only to an eligible	95904
county board of developmental disabilities and not to a regional	95905
council established under section 5126.13 of the Revised Code or	95906
any other entity.	95907

(E)(1) Except as provided in division (E)(2) of this section,	95908
a county board of developmental disabilities shall use tax equity	95909
payments solely to pay the nonfederal share of medicaid	95910
expenditures it is required to pay under sections 5126.059 and	95911
5126.0510 of the Revised Code. Tax equity payments shall not be	95912
used to pay any salary or other compensation to county board	95913
personnel.	95914

(2) Upon the written request of a county board, the director	95915
of developmental disabilities may authorize a county board to use	95916
tax equity payments for infrastructure improvements necessary to	95917
support medicaid waiver administration.	95918

(3) The director may audit any county board receiving tax	95919
equity payments to ensure appropriate use of the payments in	95920
accordance with this section. If the director determines that a	95921
county board is using payments inappropriately, the director shall	95922
notify the county board in writing of the determination. Within	95923
thirty days after receiving the director's notification, the	95924
county board shall submit a written plan of correction to the	95925
director. The director may accept or reject the plan. If the	95926
director rejects the plan, the director may require the county	95927
board to repay all or a portion of the amount of tax equity	95928
payments used inappropriately. The director shall distribute any	95929
tax equity payments returned under this division to other eligible	95930
county boards in accordance with a plan developed by the director	95931
after consultation with the Ohio association of county boards	95932
serving people with developmental disabilities.	95933

Sec. 5126.23. (A) As used in this section, "employee" means	95934
a management employee or superintendent of a county board of	95935
developmental disabilities.	95936

(B) An employee may be removed, suspended, or demoted in	95937
accordance with this section for violation of written rules set	95938
forth by the board or for incompetency, inefficiency, dishonesty,	95939
drunkenness, immoral conduct, insubordination, discourteous	95940
treatment of the public, neglect of duty, or other acts of	95941
misfeasance, malfeasance, or nonfeasance.	95942

(C) Prior to the removal, suspension, or demotion of an	95943
employee pursuant to this section, the employee shall be notified	95944
in writing of the charges against the employee. Except as	95945
otherwise provided in division (H) of this section, not later than	95946
thirty days after receiving such notification, a predisciplinary	95947
conference shall be held to provide the employee an opportunity to	95948
refute the charges against the employee. At least seventy-two	95949
hours prior to the conference, the employee shall be given a copy	95950
of the charges against the employee.	95951

If the removal, suspension, or demotion action is directed	95952
against a management employee, the conference shall be held by the	95953
superintendent or a person the superintendent designates, and the	95954
superintendent shall notify the management employee within fifteen	95955
days after the conference of the decision made with respect to the	95956
charges. If the removal, suspension, or demotion action is	95957
directed against a superintendent, the conference shall be held by	95958
the members of the board or their designees, and the board shall	95959
notify the superintendent within fifteen days after the conference	95960
of its decision with respect to the charges.	95961

(D) Within fifteen days after receiving notification of the	95962
results of the predisciplinary conference, an employee may file	95963
with the board a written demand for a hearing before the board or	95964
before a referee, and the board shall set a time for the hearing	95965
which shall be within thirty days from the date of receipt of the	95966
written demand, and the board shall give the employee at least	95967
twenty days notice in writing of the time and place of the	95968
hearing.	95969

(E) If a referee is demanded by an employee or a county	95970
board, the hearing shall be conducted by a referee selected in	95971
accordance with division (F) of this section; otherwise, it shall	95972
be conducted by a majority of the members of the board and shall	95973
be confined to the charges enumerated at the predisciplinary	95974
conference.	95975

(F) Referees for the hearings required by this section shall	95976
be selected from ~~the~~a list of resident electors compiled from	95977
names ~~compiled by the superintendent of public instruction~~	95978
~~pursuant to section 3319.161 of the Revised Code~~that the director	95979
of developmental disabilities shall solicit annually from the	95980
state bar association. Upon receipt of notice that a referee has	95981
been demanded by an employee or a county board, the ~~superintendent~~	95982
~~of public instruction~~director shall immediately designate three	95983
persons from such list, from whom the referee for the hearing	95984
shall be chosen, and the ~~superintendent of public instruction~~	95985
director shall immediately notify the designees, the county board,	95986
and the employee. If within five days of receipt of the notice,	95987
the county board and employee are unable to agree upon one of the	95988
designees to serve as referee, the ~~superintendent of public~~	95989
~~instruction~~director shall appoint one of the designees to serve	95990
as referee. The appointment of the referee shall be entered in the	95991
minutes of the county board. The referee appointed shall be paid	95992
the referee's usual and customary fee for attending the hearing	95993
which shall be paid from the general fund of the county board of	95994
developmental disabilities.	95995

(G) The board shall provide for a complete stenographic	95996
record of the proceedings, and a copy of the record shall be	95997
furnished to the employee.	95998

Both parties may be present at the hearing, be represented by	95999
counsel, require witnesses to be under oath, cross-examine	96000
witnesses, take a record of the proceedings, and require the	96001
presence of witnesses in their behalf upon subpoena to be issued	96002
by the county board. If any person fails to comply with a	96003
subpoena, a judge of the court of common pleas of the county in	96004
which the person resides, upon application of any interested	96005
party, shall compel attendance of the person by attachment	96006
proceedings as for contempt. Any member of the board or the	96007
referee may administer oaths to witnesses. After a hearing by a	96008
referee, the referee shall file a report within ten days after the	96009
termination of the hearing. After consideration of the referee's	96010
report, the board, by a majority vote, may accept or reject the	96011
referee's recommendation. After a hearing by the board, the board,	96012
by majority vote, may enter its determination upon its minutes. If	96013
the decision, after hearing, is in favor of the employee, the	96014
charges and the record of the hearing shall be physically expunged	96015
from the minutes and, if the employee has suffered any loss of	96016
salary by reason of being suspended, the employee shall be paid	96017
the employee's full salary for the period of such suspension.	96018

Any employee affected by a determination of the board under	96019
this division may appeal to the court of common pleas of the	96020
county in which the board is located within thirty days after	96021
receipt of notice of the entry of such determination. The appeal	96022
shall be an original action in the court and shall be commenced by	96023
the filing of a complaint against the board, in which complaint	96024
the facts shall be alleged upon which the employee relies for a	96025
reversal or modification of such determination. Upon service or	96026
waiver of summons in that appeal, the board immediately shall	96027
transmit to the clerk of the court for filing a transcript of the	96028
original papers filed with the board, a certified copy of the	96029
minutes of the board into which the determination was entered, and	96030
a certified transcript of all evidence adduced at the hearing or	96031
hearings before the board or a certified transcript of all	96032
evidence adduced at the hearing or hearings before the referee,	96033
whereupon the cause shall be at issue without further pleading and	96034
shall be advanced and heard without delay. The court shall examine	96035
the transcript and record of the hearing and shall hold such	96036
additional hearings as it considers advisable, at which it may	96037
consider other evidence in addition to the transcript and record.	96038

Upon final hearing, the court shall grant or deny the relief	96039
prayed for in the complaint as may be proper in accordance with	96040
the evidence adduced in the hearing. Such an action is a special	96041
proceeding, and either the employee or the board may appeal from	96042
the decision of the court of common pleas pursuant to the Rules of	96043
Appellate Procedure and, to the extent not in conflict with those	96044
rules, Chapter 2505. of the Revised Code.	96045

(H) Notwithstanding divisions (C) to (G) of this section, a	96046
county board and an employee may agree to submit issues regarding	96047
the employee's removal, suspension, or demotion to binding	96048
arbitration. The terms of the submission, including the method of	96049
selecting the arbitrator or arbitrators and the responsibility for	96050
compensating the arbitrator, shall be provided for in the	96051
arbitration agreement. The arbitrator shall be selected within	96052
fifteen days of the execution of the agreement. Chapter 2711. of	96053
the Revised Code governs the arbitration proceedings.	96054

Sec. 5126.24. (A) As used in this section:

96055

(1) "License" means an educator license issued by the state	96056
board of education under section 3319.22 of the Revised Code or a	96057
certificate issued by the department of developmental	96058
disabilities.	96059

(2) "Teacher" means a person employed by a county board of	96060
developmental disabilities in a position that requires a license.	96061

(3) "Nonteaching employee" means a person employed by a	96062
county board of developmental disabilities in a position that does	96063
not require a license.	96064

~~(4) "Years of service" includes all service described in~~	96065
~~division (A) of section 3317.13 of the Revised Code.~~	96066

(B) Subject to rules established by the director of	96067
developmental disabilities pursuant to Chapter 119. of the Revised	96068
Code, each county board of developmental disabilities shall	96069
annually adopt separate salary schedules for teachers and	96070
nonteaching employees.	96071

(C) ~~The~~In adopting the teachers' salary schedule ~~shall~~	96072
~~provide for increments based on training and years of service. The~~	96073
~~board may establish its own service requirements provided no~~	96074
~~teacher receives less than the salary the teacher would be paid~~	96075
~~under section 3317.13 of the Revised Code if the teacher were~~	96076
~~employed by a school district board of education and provided full~~	96077
~~credit for a minimum of five years of actual teaching and military~~	96078
~~experience as defined in division (A) of such section is given to~~	96079
~~each teacher.~~	96080

~~Each teacher who has completed training that would qualify~~	96081
~~the teacher for a higher salary bracket pursuant to this section~~	96082
~~shall file by the fifteenth day of September with the fiscal~~	96083
~~officer of the board, satisfactory evidence of the completion of~~	96084
~~such additional training. The fiscal officer shall then~~	96085
~~immediately place the teacher, pursuant to this section, in the~~	96086
~~proper salary bracket in accordance with training and years of~~	96087
~~service. No teacher shall be paid less than the salary to which~~	96088
~~the teacher would be entitled under section 3317.13 of the Revised~~	96089
~~Code if the teacher were employed by a school district board of~~	96090
~~education~~, the board shall comply with sections 3317.14 and	96091
3317.141 of the Revised Code in the same manner as a school	96092
district.	96093

The superintendent of each county board, on or before the	96094
fifteenth day of October of each year, shall certify to the state	96095
board of education the name of each teacher employed, on an annual	96096
salary, in each special education program operated pursuant to	96097
section 3323.09 of the Revised Code during the first full school	96098
week of October. The superintendent further shall certify, for	96099
each teacher, the number of years of training completed at a	96100
recognized college, the degrees earned from a college recognized	96101
by the state board, the type of license held, the number of months	96102
employed by the board, the annual salary, and other information	96103
that the state board may request.	96104

(D) The nonteaching employees' salary schedule established by	96105
the board shall be based on training, experience, and	96106
qualifications with initial salaries no less than salaries in	96107
effect on July 1, 1985. Each board shall prepare and may amend	96108
from time to time, specifications descriptive of duties,	96109
responsibilities, requirements, and desirable qualifications of	96110
the classifications of employees required to perform the duties	96111
specified in the salary schedule. All nonteaching employees shall	96112
be notified of the position classification to which they are	96113
assigned and the salary for the classification. The compensation	96114
of all nonteaching employees working for a particular board shall	96115
be uniform for like positions except as compensation would be	96116
affected by salary increments based upon length of service.	96117

On the fifteenth day of October of each year the nonteaching	96118
employees' salary schedule and list of job classifications and	96119
salaries in effect on that date shall be filed by each board with	96120
the superintendent of public instruction. If such salary schedule	96121
and classification plan is not filed, the superintendent of public	96122
instruction shall order the board to file such schedule and list	96123
forthwith. If this condition is not corrected within ten days	96124
after receipt of the order from the superintendent, no money shall	96125
be distributed to the ~~district~~board under Chapter ~~3306. or~~ 3317.	96126
of the Revised Code until the superintendent has satisfactory	96127
evidence of the board's full compliance with such order.	96128

Sec. 5126.33. (A) A county board of developmental	96129
disabilities may file a complaint with the probate court of the	96130
county in which an adult with mental retardation or a	96131
developmental disability resides for an order authorizing the	96132
board to arrange services described in division (C) of section	96133
5126.31 of the Revised Code for that adult if the adult is	96134
eligible to receive services or support under section 5126.041 of	96135
the Revised Code and the board has been unable to secure consent.	96136
The complaint shall include:	96137

(1) The name, age, and address of the adult;

96138

(2) Facts describing the nature of the abuse, neglect, or	96139
exploitation and supporting the board's belief that services are	96140
needed;	96141

(3) The types of services proposed by the board, as set forth	96142
in the protective service plan described in division (J) of	96143
section 5126.30 of the Revised Code and filed with the complaint;	96144

(4) Facts showing the board's attempts to obtain the consent	96145
of the adult or the adult's guardian to the services.	96146

(B) The board shall give the adult notice of the filing of	96147
the complaint and in simple and clear language shall inform the	96148
adult of the adult's rights in the hearing under division (C) of	96149
this section and explain the consequences of a court order. This	96150
notice shall be personally served upon all parties, and also shall	96151
be given to the adult's legal counsel, if any~~, and the legal~~	96152
~~rights service~~. The notice shall be given at least twenty-four	96153
hours prior to the hearing, although the court may waive this	96154
requirement upon a showing that there is a substantial risk that	96155
the adult will suffer immediate physical harm in the twenty-four	96156
hour period and that the board has made reasonable attempts to	96157
give the notice required by this division.	96158

(C) Upon the filing of a complaint for an order under this	96159
section, the court shall hold a hearing at least twenty-four hours	96160
and no later than seventy-two hours after the notice under	96161
division (B) of this section has been given unless the court has	96162
waived the notice. All parties shall have the right to be present	96163
at the hearing, present evidence, and examine and cross-examine	96164
witnesses. The Ohio Rules of Evidence shall apply to a hearing	96165
conducted pursuant to this division. The adult shall be	96166
represented by counsel unless the court finds that the adult has	96167
made a voluntary, informed, and knowing waiver of the right to	96168
counsel. If the adult is indigent, the court shall appoint counsel	96169
to represent the adult. The board shall be represented by the	96170
county prosecutor or an attorney designated by the board.	96171

(D)(1) The court shall issue an order authorizing the board	96172
to arrange the protective services if it finds, on the basis of	96173
clear and convincing evidence, all of the following:	96174

(a) The adult has been abused, neglected, or exploited;

96175

(b) The adult is incapacitated;

96176

(c) There is a substantial risk to the adult of immediate	96177
physical harm or death;	96178

(d) The adult is in need of the services;

96179

(e) No person authorized by law or court order to give	96180
consent for the adult is available or willing to consent to the	96181
services.	96182

(2) The board shall develop a detailed protective service	96183
plan describing the services that the board will provide, or	96184
arrange for the provision of, to the adult to prevent further	96185
abuse, neglect, or exploitation. The board shall submit the plan	96186
to the court for approval. The protective service plan may be	96187
changed only by court order.	96188

(3) In formulating the order, the court shall consider the	96189
individual protective service plan and shall specifically	96190
designate the services that are necessary to deal with the abuse,	96191
neglect, or exploitation or condition resulting from abuse,	96192
neglect, or exploitation and that are available locally, and	96193
authorize the board to arrange for these services only. The court	96194
shall limit the provision of these services to a period not	96195
exceeding six months, renewable for an additional six-month period	96196
on a showing by the board that continuation of the order is	96197
necessary.	96198

(E) If the court finds that all other options for meeting the	96199
adult's needs have been exhausted, it may order that the adult be	96200
removed from the adult's place of residence and placed in another	96201
residential setting. Before issuing that order, the court shall	96202
consider the adult's choice of residence and shall determine that	96203
the new residential setting is the least restrictive alternative	96204
available for meeting the adult's needs and is a place where the	96205
adult can obtain the necessary requirements for daily living in	96206
safety. The court shall not order an adult to a hospital or public	96207
hospital as defined in section 5122.01 or a state institution as	96208
defined in section 5123.01 of the Revised Code.	96209

(F) The court shall not authorize a change in an adult's	96210
placement ordered under division (E) of this section unless it	96211
finds compelling reasons to justify a change. The parties to whom	96212
notice was given in division (B) of this section shall be given	96213
notice of a proposed change at least five working days prior to	96214
the change.	96215

(G) The adult, the board, or any other person who received	96216
notice of the petition may file a motion for modification of the	96217
court order at any time.	96218

(H) The county board shall pay court costs incurred in	96219
proceedings brought pursuant to this section. The adult shall not	96220
be required to pay for court-ordered services.	96221

(I)(1) After the filing of a complaint for an order under	96222
this section, the court, prior to the final disposition, may enter	96223
any temporary order that the court finds necessary to protect the	96224
adult with mental retardation or a developmental disability from	96225
abuse, neglect, or exploitation including, but not limited to, the	96226
following:	96227

(a) A temporary protection order;

96228

(b) An order requiring the evaluation of the adult;

96229

(c) An order requiring a party to vacate the adult's place of	96230
residence or legal settlement, provided that, subject to division	96231
(K)(1)(d) of this section, no operator of a residential facility	96232
licensed by the department may be removed under this division;	96233

(d) In the circumstances described in, and in accordance with	96234
the procedures set forth in, section 5123.191 of the Revised Code,	96235
an order of the type described in that section that appoints a	96236
receiver to take possession of and operate a residential facility	96237
licensed by the department.	96238

(2) The court may grant an ex parte order pursuant to this	96239
division on its own motion or if a party files a written motion or	96240
makes an oral motion requesting the issuance of the order and	96241
stating the reasons for it if it appears to the court that the	96242
best interest and the welfare of the adult require that the court	96243
issue the order immediately. The court, if acting on its own	96244
motion, or the person requesting the granting of an ex parte	96245
order, to the extent possible, shall give notice of its intent or	96246
of the request to all parties, the adult's legal counsel, if any,	96247
~~and the legal rights service~~. If the court issues an ex parte	96248
order, the court shall hold a hearing to review the order within	96249
seventy-two hours after it is issued or before the end of the next	96250
day after the day on which it is issued, whichever occurs first.	96251
The court shall give written notice of the hearing to all parties	96252
to the action.	96253

Sec. 5126.41. The county board of developmental disabilities	96254
shall identify residents of the county for whom supported living	96255
is to be provided. Identification of the residents shall be made	96256
in accordance with the priorities set under section 5126.04 of the	96257
Revised Code and the waiting ~~list policies developed~~lists	96258
established under section 5126.042 of the Revised Code. The board	96259
shall assist the residents in identifying their individual service	96260
needs.	96261

To arrange supported living for an individual, the board	96262
shall assist the individual in developing an individual service	96263
plan. In developing the plan, the individual shall choose a	96264
residence that is appropriate according to local standards; the	96265
individuals, if any, with whom the individual will live in the	96266
residence; the services the individual needs to live in the	96267
individual's residence of choice; and the providers from which the	96268
services will be received. The choices available to an individual	96269
shall be based on available resources.	96270

The board shall obtain the consent of the individual or the	96271
individual's guardian and the signature of the individual or	96272
guardian on the individual service plan. The county board shall	96273
ensure that the individual receives from the provider the services	96274
contracted for under section 5126.45 of the Revised Code.	96275

An individual service plan for supported living shall be	96276
effective for a period of time agreed to by the county board and	96277
the individual. In determinating that period, the county board and	96278
the individual shall consider the nature of the services to be	96279
provided and the manner in which they are customarily provided.	96280

Sec. 5126.42. (A) A county board of developmental	96281
disabilities shall establish an advisory council composed of board	96282
members or employees of the board, providers, individuals	96283
receiving supported living, and advocates for individuals	96284
receiving supported living to provide on-going communication among	96285
all persons concerned with supported living.	96286

(B) The board shall develop procedures for the resolution of	96287
grievances between the board and providers or between the board	96288
and an entity with which it has a shared funding agreement.	96289

(C) The board shall develop and implement a provider	96290
selection system. Each system shall enable an individual to choose	96291
to continue receiving supported living from the same providers, to	96292
select additional providers, or to choose alternative providers.	96293
Annually, the board shall review its provider selection system to	96294
determine whether it has been implemented in a manner that allows	96295
individuals fair and equitable access to providers.	96296

In developing a provider selection system, the county board	96297
shall create a pool of providers for individuals to use in	96298
choosing their providers of supported living. The pool shall be	96299
created by placing in the pool all providers on record with the	96300
board or by placing in the pool all providers approved by the	96301
board through soliciting requests for proposals for supported	96302
living contracts. In either case, only providers that are	96303
certified by the director of developmental disabilities may be	96304
placed in the pool.	96305

If the board places all providers on record in the pool, the	96306
board shall review the pool at least annually to determine whether	96307
each provider has continued interest in being a provider and has	96308
maintained its certification by the department. At any time, an	96309
interested and certified provider may make a request to the board	96310
that it be added to the pool, and the board shall add the provider	96311
to the pool not later than seven days after receiving the request.	96312

If the board solicits requests for proposals for inclusion of	96313
providers in the pool, the board shall develop standards for	96314
selecting the providers to be included. Requests for proposals	96315
shall be solicited at least annually. When requests are solicited,	96316
the board shall cause legal notices to be published ~~at least~~ once	96317
each week for two consecutive weeks in a newspaper ~~with~~of general	96318
circulation within the county or as provided in section 7.16 of	96319
the Revised Code. The board's formal request for proposals shall	96320
include a description of any applicable contract terms, the	96321
standards that are used to select providers for inclusion in the	96322
pool, and the process the board uses to resolve disputes arising	96323
from the selection process. The board shall accept requests from	96324
any entity interested in being a provider of supported living for	96325
individuals served by the board. Requests shall be approved or	96326
denied according to the standards developed by the board.	96327
Providers that previously have been placed in the pool are not	96328
required to resubmit a request for proposal to be included in the	96329
pool, unless the board's standards have been changed.	96330

In assisting an individual in choosing a provider, the county	96331
board shall provide the individual with uniform and consistent	96332
information pertaining to each provider in the pool. An individual	96333
may choose to receive supported living from a provider that is not	96334
included in the pool, if the provider is certified by the director	96335
of developmental disabilities.	96336

Sec. 5139.11. The department of youth services shall do all	96337
of the following:	96338

(A) Through a program of education, promotion, and	96339
organization, form groups of local citizens and assist these	96340
groups in conducting activities aimed at the prevention and	96341
control of juvenile delinquency, making use of local people and	96342
resources for the following purposes:	96343

(1) Combatting local conditions known to contribute to	96344
juvenile delinquency;	96345

(2) Developing recreational and other programs for youth	96346
work;	96347

(3) Providing adult sponsors for delinquent children cases;

96348

(4) Dealing with other related problems of the locality.

96349

(B) Advise local, state, and federal officials, public and	96350
private agencies, and lay groups on the needs for and possible	96351
methods of the reduction and prevention of juvenile delinquency	96352
and the treatment of delinquent children;	96353

(C) Consult with the schools and courts of this state on the	96354
development of programs for the reduction and prevention of	96355
delinquency and the treatment of delinquents;	96356

(D) Cooperate with other agencies whose services deal with	96357
the care and treatment of delinquent children to the end that	96358
delinquent children who are state wards may be assisted whenever	96359
possible to a successful adjustment outside of institutional care;	96360

(E) Cooperate with other agencies in surveying, developing,	96361
and utilizing the recreational resources of a community as a means	96362
of combatting the problem of juvenile delinquency and effectuating	96363
rehabilitation;	96364

(F) Hold district and state conferences from time to time in	96365
order to acquaint the public with current problems of juvenile	96366
delinquency and develop a sense of civic responsibility toward the	96367
prevention of juvenile delinquency;	96368

(G) Assemble and distribute information relating to juvenile	96369
delinquency and report on studies relating to community conditions	96370
that affect the problem of juvenile delinquency;	96371

(H) Assist any community within the state by conducting a	96372
comprehensive survey of the community's available public and	96373
private resources, and recommend methods of establishing a	96374
community program for combatting juvenile delinquency and crime,	96375
but no survey of that type shall be conducted unless local	96376
individuals and groups request it through their local authorities,	96377
and no request of that type shall be interpreted as binding the	96378
community to following the recommendations made as a result of the	96379
request;	96380

(I) Evaluate the rehabilitation of children committed to the	96381
department and prepare and submit periodic reports to the	96382
committing court for the following purposes:	96383

(1) Evaluating the effectiveness of institutional treatment;

96384

(2) Making recommendations for judicial release under section	96385
2152.22 of the Revised Code if appropriate and recommending	96386
conditions for judicial release;	96387

(3) Reviewing the placement of children and recommending	96388
alternative placements where appropriate.	96389

(J) Coordinate dates for hearings to be conducted under	96390
section 2152.22 of the Revised Code and assist in the transfer and	96391
release of children from institutionalization to the custody of	96392
the committing court;	96393

(K)(1) Coordinate and assist juvenile justice systems by	96394
doing the following:	96395

(a) Performing juvenile justice system planning in the state,	96396
including any planning that is required by any federal law;	96397

(b) Collecting, analyzing, and correlating information and	96398
data concerning the juvenile justice system in the state;	96399

(c) Cooperating with and providing technical assistance to	96400
state departments, administrative planning districts, metropolitan	96401
county criminal justice services agencies, criminal justice	96402
coordinating councils, and agencies, offices, and departments of	96403
the juvenile justice system in the state, and other appropriate	96404
organizations and persons;	96405

(d) Encouraging and assisting agencies, offices, and	96406
departments of the juvenile justice system in the state and other	96407
appropriate organizations and persons to solve problems that	96408
relate to the duties of the department;	96409

(e) Administering within the state any juvenile justice acts	96410
and programs that the governor requires the department to	96411
administer;	96412

(f) Implementing the state comprehensive plans;

96413

(g) Visiting and inspecting jails, detention facilities,	96414
correctional facilities, facilities that may hold juveniles	96415
involuntarily, or any other facility that may temporarily house	96416
juveniles on a voluntary or involuntary basis for the purpose of	96417
compliance pursuant to the "Juvenile Justice and Delinquency	96418
Prevention Act of 1974," 88 Stat. 1109, as amended;	96419

(h) Auditing grant activities of agencies, offices,	96420
organizations, and persons that are financed in whole or in part	96421
by funds granted through the department;	96422

~~(h)~~(i) Monitoring or evaluating the performance of juvenile	96423
justice system projects and programs in the state that are	96424
financed in whole or in part by funds granted through the	96425
department;	96426

~~(i)~~(j) Applying for, allocating, disbursing, and accounting	96427
for grants that are made available pursuant to federal juvenile	96428
justice acts, or made available from other federal, state, or	96429
private sources, to improve the criminal and juvenile justice	96430
systems in the state. All money from federal juvenile justice act	96431
grants shall, if the terms under which the money is received	96432
require that the money be deposited into an interest bearing fund	96433
or account, be deposited in the state treasury to the credit of	96434
the federal juvenile justice program purposes fund, which is	96435
hereby created. All investment earnings shall be credited to the	96436
fund.	96437

~~(j)~~(k) Contracting with federal, state, and local agencies,	96438
foundations, corporations, businesses, and persons when necessary	96439
to carry out the duties of the department;	96440

~~(k)~~(l) Overseeing the activities of metropolitan county	96441
criminal justice services agencies, administrative planning	96442
districts, and juvenile justice coordinating councils in the	96443
state;	96444

~~(l)~~(m) Advising the general assembly and governor on	96445
legislation and other significant matters that pertain to the	96446
improvement and reform of the juvenile justice system in the	96447
state;	96448

~~(m)~~(n) Preparing and recommending legislation to the general	96449
assembly and governor for the improvement of the juvenile justice	96450
system in the state;	96451

~~(n)~~(o) Assisting, advising, and making any reports that are	96452
required by the governor, attorney general, or general assembly;	96453

~~(o)~~(p) Adopting rules pursuant to Chapter 119. of the Revised	96454
Code.	96455

(2) Division (K)(1) of this section does not limit the	96456
discretion or authority of the attorney general with respect to	96457
crime victim assistance and criminal and juvenile justice	96458
programs.	96459

(3) Nothing in division (K)(1) of this section is intended to	96460
diminish or alter the status of the office of the attorney general	96461
as a criminal justice services agency.	96462

(4) The governor may appoint any advisory committees to	96463
assist the department that the governor considers appropriate or	96464
that are required under any state or federal law.	96465

Sec. 5139.43. (A) The department of youth services shall	96466
operate a felony delinquent care and custody program that shall be	96467
operated in accordance with the formula developed pursuant to	96468
section 5139.41 of the Revised Code, subject to the conditions	96469
specified in this section.	96470

(B)(1) Each juvenile court shall use the moneys disbursed to	96471
it by the department of youth services pursuant to division (B) of	96472
section 5139.41 of the Revised Code in accordance with the	96473
applicable provisions of division (B)(2) of this section and shall	96474
transmit the moneys to the county treasurer for deposit in	96475
accordance with this division. The county treasurer shall create	96476
in the county treasury a fund that shall be known as the felony	96477
delinquent care and custody fund and shall deposit in that fund	96478
the moneys disbursed to the juvenile court pursuant to division	96479
(B) of section 5139.41 of the Revised Code. The county treasurer	96480
also shall deposit into that fund the state subsidy funds granted	96481
to the county pursuant to section 5139.34 of the Revised Code. The	96482
moneys disbursed to the juvenile court pursuant to division (B) of	96483
section 5139.41 of the Revised Code and deposited pursuant to this	96484
division in the felony delinquent care and custody fund shall not	96485
be commingled with any other county funds except state subsidy	96486
funds granted to the county pursuant to section 5139.34 of the	96487
Revised Code; shall not be used for any capital construction	96488
projects; upon an order of the juvenile court and subject to	96489
appropriation by the board of county commissioners, shall be	96490
disbursed to the juvenile court for use in accordance with the	96491
applicable provisions of division (B)(2) of this section; shall	96492
not revert to the county general fund at the end of any fiscal	96493
year; and shall carry over in the felony delinquent care and	96494
custody fund from the end of any fiscal year to the next fiscal	96495
year. The maximum balance carry-over at the end of each respective	96496
fiscal year in the felony delinquent care and custody fund in any	96497
county from funds allocated to the county pursuant to sections	96498
5139.34 and 5139.41 of the Revised Code in the previous fiscal	96499
year shall not exceed an amount to be calculated as provided in	96500
the formula set forth in this division, unless that county has	96501
applied for and been granted an exemption by the director of youth	96502
services. Beginning June 30, 2008, the maximum balance carry-over	96503
at the end of each respective fiscal year shall be determined by	96504
the following formula: for fiscal year 2008, the maximum balance	96505
carry-over shall be one hundred per cent of the allocation for	96506
fiscal year 2007, to be applied in determining the fiscal year	96507
2009 allocation; for fiscal year 2009, it shall be fifty per cent	96508
of the allocation for fiscal year 2008, to be applied in	96509
determining the fiscal year 2010 allocation; for fiscal year 2010,	96510
it shall be twenty-five per cent of the allocation for fiscal year	96511
2009, to be applied in determining the fiscal year 2011	96512
allocation; and for each fiscal year subsequent to fiscal year	96513
2010, it shall be twenty-five per cent of the allocation for the	96514
immediately preceding fiscal year, to be applied in determining	96515
the allocation for the next immediate fiscal year. The department	96516
shall withhold from future payments to a county an amount equal to	96517
any moneys in the felony delinquent care and custody fund of the	96518
county that exceed the total maximum balance carry-over that	96519
applies for that county for the fiscal year in which the payments	96520
are being made and shall reallocate the withheld amount. The	96521
department shall adopt rules for the withholding and reallocation	96522
of moneys disbursed under sections 5139.34 and 5139.41 of the	96523
Revised Code and for the criteria and process for a county to	96524
obtain an exemption from the withholding requirement. The moneys	96525
disbursed to the juvenile court pursuant to division (B) of	96526
section 5139.41 of the Revised Code and deposited pursuant to this	96527
division in the felony delinquent care and custody fund shall be	96528
in addition to, and shall not be used to reduce, any usual annual	96529
increase in county funding that the juvenile court is eligible to	96530
receive or the current level of county funding of the juvenile	96531
court and of any programs or services for delinquent children,	96532
unruly children, or juvenile traffic offenders.	96533

(2)(a) A county and the juvenile court that serves the county	96534
shall use the moneys in its felony delinquent care and custody	96535
fund in accordance with rules that the department of youth	96536
services adopts pursuant to division (D) of section 5139.04 of the	96537
Revised Code and as follows:	96538

(i) The moneys in the fund that represent state subsidy funds	96539
granted to the county pursuant to section 5139.34 of the Revised	96540
Code shall be used to aid in the support of prevention, early	96541
intervention, diversion, treatment, and rehabilitation programs	96542
that are provided for alleged or adjudicated unruly children or	96543
delinquent children or for children who are at risk of becoming	96544
unruly children or delinquent children. The county shall not use	96545
for capital improvements more than fifteen per cent of the moneys	96546
in the fund that represent the applicable annual grant of those	96547
state subsidy funds.	96548

(ii) The moneys in the fund that were disbursed to the	96549
juvenile court pursuant to division (B) of section 5139.41 of the	96550
Revised Code and deposited pursuant to division (B)(1) of this	96551
section in the fund shall be used to provide programs and services	96552
for the training, treatment, or rehabilitation of felony	96553
delinquents that are alternatives to their commitment to the	96554
department, including, but not limited to, community residential	96555
programs, day treatment centers, services within the home, and	96556
electronic monitoring, and shall be used in connection with	96557
training, treatment, rehabilitation, early intervention, or other	96558
programs or services for any delinquent child, unruly child, or	96559
juvenile traffic offender who is under the jurisdiction of the	96560
juvenile court.	96561

The fund also may be used for prevention, early intervention,	96562
diversion, treatment, and rehabilitation programs that are	96563
provided for alleged or adjudicated unruly children, delinquent	96564
children, or juvenile traffic offenders or for children who are at	96565
risk of becoming unruly children, delinquent children, or juvenile	96566
traffic offenders. Consistent with division (B)(1) of this	96567
section, a county and the juvenile court of a county shall not use	96568
any of those moneys for capital construction projects.	96569

(iii) Moneys in the fund shall not be used to support	96570
programs or services that do not comply with federal juvenile	96571
justice and delinquency prevention core requirements or to support	96572
programs or services that research has shown to be ineffective.	96573
Moneys in the fund shall be prioritized to research-supported,	96574
outcome-based programs and services.	96575

(iv) The county and the juvenile court that serves the county	96576
may use moneys in the fund to provide out-of-home placement of	96577
children only in detention centers, community rehabilitation	96578
centers, or community corrections facilities approved by the	96579
department pursuant to standards adopted by the department,	96580
licensed by an authorized state agency, or accredited by the	96581
American correctional association or another national organization	96582
recognized by the department.	96583

(b) Each juvenile court shall comply with division (B)(3)(d)	96584
of this section as implemented by the department. If a juvenile	96585
court fails to comply with division (B)(3)(d) of this section, the	96586
department shall not be required to make any disbursements in	96587
accordance with division (C) or (D) of section 5139.41 or division	96588
(C)(2) of section 5139.34 of the Revised Code.	96589

(3) In accordance with rules adopted by the department	96590
pursuant to division (D) of section 5139.04 of the Revised Code,	96591
each juvenile court and the county served by that juvenile court	96592
shall do all of the following that apply:	96593

(a) The juvenile court shall prepare an annual grant	96594
agreement and application for funding that satisfies the	96595
requirements of this section and section 5139.34 of the Revised	96596
Code and that pertains to the use, upon an order of the juvenile	96597
court and subject to appropriation by the board of county	96598
commissioners, of the moneys in its felony delinquent care and	96599
custody fund for specified programs, care, and services as	96600
described in division (B)(2)(a) of this section, shall submit that	96601
agreement and application to the county family and children first	96602
council, the regional family and children first council, or the	96603
local intersystem services to children cluster as described in	96604
sections 121.37 and 121.38 of the Revised Code, whichever is	96605
applicable, and shall file that agreement and application with the	96606
department for its approval. The annual grant agreement and	96607
application for funding shall include a method of ensuring equal	96608
access for minority youth to the programs, care, and services	96609
specified in it.	96610

The department may approve an annual grant agreement and	96611
application for funding only if the juvenile court involved has	96612
complied with the preparation, submission, and filing requirements	96613
described in division (B)(3)(a) of this section. If the juvenile	96614
court complies with those requirements and the department approves	96615
that agreement and application, the juvenile court and the county	96616
served by the juvenile court may expend the state subsidy funds	96617
granted to the county pursuant to section 5139.34 of the Revised	96618
Code only in accordance with division (B)(2)(a) of this section,	96619
the rules pertaining to state subsidy funds that the department	96620
adopts pursuant to division (D) of section 5139.04 of the Revised	96621
Code, and the approved agreement and application.	96622

(b) By the thirty-first day of August of each year, the	96623
juvenile court shall file with the department a report that	96624
contains all of the statistical and other information for each	96625
month of the prior state fiscal year. If the juvenile court fails	96626
to file the report required by division (B)(3)(b) of this section	96627
by the thirty-first day of August of any year, the department	96628
shall not disburse any payment of state subsidy funds to which the	96629
county otherwise is entitled pursuant to section 5139.34 of the	96630
Revised Code and shall not disburse pursuant to division (B) of	96631
section 5139.41 of the Revised Code the applicable allocation	96632
until the juvenile court fully complies with division (B)(3)(b) of	96633
this section.	96634

(c) If the department requires the juvenile court to prepare	96635
monthly statistical reports and to submit the reports on forms	96636
provided by the department, the juvenile court shall file those	96637
reports with the department on the forms so provided. If the	96638
juvenile court fails to prepare and submit those monthly	96639
statistical reports within the department's timelines, the	96640
department shall not disburse any payment of state subsidy funds	96641
to which the county otherwise is entitled pursuant to section	96642
5139.34 of the Revised Code and shall not disburse pursuant to	96643
division (B) of section 5139.41 of the Revised Code the applicable	96644
allocation until the juvenile court fully complies with division	96645
(B)(3)(c) of this section. If the juvenile court fails to prepare	96646
and submit those monthly statistical reports within one hundred	96647
eighty days of the date the department establishes for their	96648
submission, the department shall not disburse any payment of state	96649
subsidy funds to which the county otherwise is entitled pursuant	96650
to section 5139.34 of the Revised Code and shall not disburse	96651
pursuant to division (B) of section 5139.41 of the Revised Code	96652
the applicable allocation, and the state subsidy funds and the	96653
remainder of the applicable allocation shall revert to the	96654
department. If a juvenile court states in a monthly statistical	96655
report that the juvenile court adjudicated within a state fiscal	96656
year five hundred or more children to be delinquent children for	96657
committing acts that would be felonies if committed by adults and	96658
if the department determines that the data in the report may be	96659
inaccurate, the juvenile court shall have an independent auditor	96660
or other qualified entity certify the accuracy of the data on a	96661
date determined by the department.	96662

(d) If the department requires the juvenile court and the	96663
county to participate in a fiscal monitoring program or another	96664
monitoring program that is conducted by the department to ensure	96665
compliance by the juvenile court and the county with division (B)	96666
of this section, the juvenile court and the county shall	96667
participate in the program and fully comply with any guidelines	96668
for the performance of audits adopted by the department pursuant	96669
to that program and all requests made by the department pursuant	96670
to that program for information necessary to reconcile fiscal	96671
accounting. If an audit that is performed pursuant to a fiscal	96672
monitoring program or another monitoring program described in this	96673
division determines that the juvenile court or the county used	96674
moneys in the county's felony delinquent care and custody fund for	96675
expenses that are not authorized under division (B) of this	96676
section, within forty-five days after the department notifies the	96677
county of the unauthorized expenditures, the county either shall	96678
repay the amount of the unauthorized expenditures from the county	96679
general revenue fund to the state's general revenue fund or shall	96680
file a written appeal with the department. If an appeal is timely	96681
filed, the director of the department shall render a decision on	96682
the appeal and shall notify the appellant county or its juvenile	96683
court of that decision within forty-five days after the date that	96684
the appeal is filed. If the director denies an appeal, the	96685
county's fiscal agent shall repay the amount of the unauthorized	96686
expenditures from the county general revenue fund to the state's	96687
general revenue fund within thirty days after receiving the	96688
director's notification of the appeal decision.	96689

(C) The determination of which county a reduction of the care	96690
and custody allocation will be charged against for a particular	96691
youth shall be made as outlined below for all youths who do not	96692
qualify as public safety beds. The determination of which county a	96693
reduction of the care and custody allocation will be charged	96694
against shall be made as follows until each youth is released:	96695

(1) In the event of a commitment, the reduction shall be	96696
charged against the committing county.	96697

(2) In the event of a recommitment, the reduction shall be	96698
charged against the original committing county until the	96699
expiration of the minimum period of institutionalization under the	96700
original order of commitment or until the date on which the youth	96701
is admitted to the department of youth services pursuant to the	96702
order of recommitment, whichever is later. Reductions of the	96703
allocation shall be charged against the county that recommitted	96704
the youth after the minimum expiration date of the original	96705
commitment.	96706

(3) In the event of a revocation of a release on parole, the	96707
reduction shall be charged against the county that revokes the	96708
youth's parole.	96709

(D) A juvenile court is not precluded by its allocation	96710
amount for the care and custody of felony delinquents from	96711
committing a felony delinquent to the department of youth services	96712
for care and custody in an institution or a community corrections	96713
facility when the juvenile court determines that the commitment is	96714
appropriate.	96715

Sec. 5310.35. The board of county commissioners shall	96716
conduct the public hearing required by section 5310.33 of the	96717
Revised Code in accordance with this section.	96718

(A)(1) The board shall prepare a notice of the hearing that	96719
includes each of the following:	96720

(a) A statement that the board is considering abolishing land	96721
registration in the county, that abolition would require the	96722
deregistration of all registered land in the county, and that	96723
after abolition all land in the county would have to be dealt with	96724
as nonregistered land;	96725

(b) A statement that the board seeks evidence with regard to	96726
the matters listed in section 5310.34 of the Revised Code;	96727

(c) The date, time, and place of the hearing, which shall be	96728
not earlier than two nor later than three months after the	96729
resolution to consider the merits of abolishing land registration	96730
was adopted by the board;	96731

(d) A statement that any person affected by the proposed	96732
abolition of land registration may appear at the hearing and	96733
present evidence as provided in division (B) of this section.	96734

(2) The board shall serve the notice by both of the following	96735
means:	96736

(a) Ordinary mail, evidenced by a certificate of mailing,	96737
addressed to each person from whom a receipt or signature card,	96738
giving residence and post-office address, has been taken by the	96739
county recorder under section 5309.30 or 5309.50 of the Revised	96740
Code, and to each person who has filed an affidavit with the	96741
county recorder under section 5309.72 of the Revised Code. The	96742
county recorder, within one month after the adoption of a	96743
resolution to consider the merits of abolishing land registration	96744
in the county, shall provide the board with the names and	96745
respective addresses of the persons who are entitled to notice	96746
under this division.	96747

If a notice is returned with an endorsement showing failure	96748
of delivery, the board is under no further obligation to directly	96749
serve the notice upon the addressee. The board shall preserve the	96750
returned notice in the records pertaining to its consideration of	96751
the merits of abolishing land registration in the county.	96752

(b) Publication twice a week for two consecutive weeks in a	96753
newspaper of general circulation in the county or as provided in	96754
section 7.16 of the Revised Code. Publication of the notice shall	96755
be completed at least one month prior to the date set for the	96756
hearing.	96757

(B) At the date, time, and place specified in the notice, the	96758
board shall conduct a hearing, which may be adjourned from day to	96759
day until complete, at which any person affected by the proposed	96760
abolition of land registration may appear in person, by ~~his~~	96761
attorney, or both, and present evidence, orally or in writing,	96762
with regard to the costs and benefits of maintaining land	96763
registration in the county. Any person who presents evidence may	96764
also present evidence refuting any evidence offered in opposition	96765
to ~~his~~the person's evidence.	96766

The board shall cause a stenographic record to be made of the	96767
hearing. The president of the board, or a member hethe president	96768
designates, shall preside at the hearing.	96769

Sec. 5501.84. (A) There is hereby created the transportation	96770
public-private partnership legislative oversight committee	96771
consisting of six members as follows:	96772

(1) Three members of the senate, no more than two of whom	96773
shall be members of the same political party, one of whom shall be	96774
the chairperson of the committee dealing primarily with highway	96775
matters, one of whom shall be appointed by the president of the	96776
senate, and one of whom shall be appointed by the minority leader	96777
of the senate.	96778

The president of the senate shall make the president of the	96779
senate's appointment to the committee first, followed by the	96780
minority leader of the senate, and they shall make their	96781
appointments in such a manner that their two appointees represent	96782
districts that are located in different areas of the state.	96783

(2) Three members of the house of representatives, no more	96784
than two of whom shall be members of the same political party, one	96785
of whom shall be the chairperson of the house of representatives	96786
committee dealing primarily with highway matters, one of whom	96787
shall be appointed by the speaker of the house of representatives,	96788
and one of whom shall be appointed by the minority leader of the	96789
house of representatives.	96790

The speaker of the house of representatives shall make the	96791
speaker of the house of representatives' appointment to the	96792
committee first, followed by the minority leader of the house of	96793
representatives, and they shall make their appointments in such a	96794
manner that their two appointees represent districts that are	96795
located in different areas of the state.	96796

The chairperson of the house of representatives committee	96797
shall serve as the chairperson of the committee for the year 2012.	96798
Thereafter, the chair annually shall alternate between, first, the	96799
chairperson of the senate committee and then the chairperson of	96800
the house of representatives committee.	96801

(B) Each member of the committee who is a member of the	96802
general assembly shall serve a term of the remainder of the	96803
general assembly during which the member is appointed or is	96804
serving as chairperson of the specified senate or house committee.	96805
In the event of the death or resignation of a committee member who	96806
is a member of the general assembly, or in the event that a member	96807
ceases to be a senator or representative, or in the event that the	96808
chairperson of the senate committee dealing primarily with highway	96809
matters or the chairperson of the house of representatives	96810
committee dealing primarily with highway matters ceases to hold	96811
that position, the vacancy shall be filled through an appointment	96812
by the president of the senate or the speaker of the house of	96813
representatives or minority leader of the senate or house of	96814
representatives, as applicable. Any member appointed to fill a	96815
vacancy occurring prior to the end of the term for which the	96816
member's predecessor was appointed shall hold office for the	96817
remainder of the term or for a shorter period of time as	96818
determined by the president of the senate or the speaker of the	96819
house of representatives. A member of the committee is eligible	96820
for reappointment.	96821

(C) The committee shall meet at least quarterly and may meet	96822
at the call of its chairperson, or upon the written request to the	96823
chairperson of not fewer than four members of the committee.	96824
Meetings shall be held at sites that are determined solely by the	96825
chairperson of the committee. At each meeting, the Ohio department	96826
of transportation shall make a report to the committee on	96827
public-private partnership matters, including but not limited to	96828
financial and budgetary matters and proposed and ongoing bids,	96829
maintenance, repair, and operational projects.	96830

The committee, by the affirmative vote of at least four of	96831
its members, may submit written recommendations to the director of	96832
transportation, the president of the senate, the speaker of the	96833
house of representatives, and the minority leader of each house	96834
describing public-private partnership matters subject to further	96835
legislative review.	96836

(D) The members of the committee who are members of the	96837
general assembly shall serve without compensation, but shall be	96838
reimbursed by the department for their actual and necessary	96839
expenses incurred in the discharge of their official duties as	96840
committee members. Serving as a member of the committee does not	96841
constitute grounds for resignation from the senate or house of	96842
representatives under section 101.26 of the Revised Code.	96843

Sec. 5505.04. (A)(1) The general administration and	96844
management of the state highway patrol retirement system and the	96845
making effective of this chapter are hereby vested in the state	96846
highway patrol retirement board. The board may sue and be sued,	96847
plead and be impleaded, contract and be contracted with, and do	96848
all things necessary to carry out this chapter.	96849

The board shall consist of the following members:

96850

(a) The superintendent of the state highway patrol;

96851

(b) Two retirant members who reside in this state;

96852

96853

(d) One member, known as the treasurer of state's investment	96854
designee, who shall be appointed by the treasurer of state for a	96855
term of four years and who shall have the following	96856
qualifications:	96857

(i) The member is a resident of this state.

96858

(ii) Within the three years immediately preceding the	96859
appointment, the member has not been employed by the public	96860
employees retirement system, police and fire pension fund, state	96861
teachers retirement system, school employees retirement system, or	96862
state highway patrol retirement system or by any person,	96863
partnership, or corporation that has provided to one of those	96864
retirement systems services of a financial or investment nature,	96865
including the management, analysis, supervision, or investment of	96866
assets.	96867

(iii) The member has direct experience in the management,	96868
analysis, supervision, or investment of assets.	96869

(iv) The member is not currently employed by the state or a	96870
political subdivision of the state.	96871

(e) Two investment expert members, who shall be appointed to	96872
four-year terms. One investment expert member shall be appointed	96873
by the governor, and one investment expert member shall be jointly	96874
appointed by the speaker of the house of representatives and the	96875
president of the senate. Each investment expert member shall have	96876
the following qualifications:	96877

(i) Each investment expert member shall be a resident of this	96878
state.	96879

(ii) Within the three years immediately preceding the	96880
appointment, each investment expert member shall not have been	96881
employed by the public employees retirement system, police and	96882
fire pension fund, state teachers retirement system, school	96883
employees retirement system, or state highway patrol retirement	96884
system or by any person, partnership, or corporation that has	96885
provided to one of those retirement systems services of a	96886
financial or investment nature, including the management,	96887
analysis, supervision, or investment of assets.	96888

(iii) Each investment expert member shall have direct	96889
experience in the management, analysis, supervision, or investment	96890
of assets.	96891

(2) The board shall annually elect a chairperson and	96892
vice-chairperson from among its members. The vice-chairperson	96893
shall act as chairperson in the absence of the chairperson. A	96894
majority of the members of the board shall constitute a quorum and	96895
any action taken shall be approved by a majority of the members of	96896
the board. The board shall meet not less than once each year, upon	96897
sufficient notice to the members. All meetings of the board shall	96898
be open to the public except executive sessions as set forth in	96899
division (G) of section 121.22 of the Revised Code, and any	96900
portions of any sessions discussing medical records or the degree	96901
of disability of a member excluded from public inspection by this	96902
section.	96903

(3) Any investment expert member appointed to fill a vacancy	96904
occurring prior to the expiration of the term for which the	96905
member's predecessor was appointed holds office until the end of	96906
such term. The member continues in office subsequent to the	96907
expiration date of the member's term until the member's successor	96908
takes office, or until a period of sixty days has elapsed,	96909
whichever occurs first.	96910

(B) The attorney general shall prescribe procedures for the	96911
adoption of rules authorized under this chapter, consistent with	96912
the provision of section 111.15 of the Revised Code under which	96913
all rules shall be filed in order to be effective. Such procedures	96914
shall establish methods by which notice of proposed rules are	96915
given to interested parties and rules adopted by the board	96916
published and otherwise made available. When it files a rule with	96917
the joint committee on agency rule review pursuant to section	96918
111.15 of the Revised Code, the board shall submit to the Ohio	96919
retirement study council a copy of the full text of the rule, and	96920
if applicable, a copy of the rule summary and fiscal analysis	96921
required by division (B) of section 127.18 of the Revised Code.	96922

(C)(1) As used in this division, "personal history record"	96923
means information maintained by the board on an individual who is	96924
a member, former member, retirant, or beneficiary that includes	96925
the address, telephone number, social security number, record of	96926
contributions, correspondence with the system, and other	96927
information the board determines to be confidential.	96928

(2) The records of the board shall be open to public	96929
inspection, except for the following which shall be excluded: the	96930
member's, former member's, retirant's, or beneficiary's personal	96931
history record and the amount of a monthly allowance or benefit	96932
paid to a retirant, beneficiary, or survivor, except with the	96933
written authorization of the individual concerned. All medical	96934
reports and recommendations are privileged except that copies of	96935
such medical reports or recommendations shall be made available to	96936
the individual's personal physician, attorney, or authorized agent	96937
upon written release received from such individual or such	96938
individual's agent, or when necessary for the proper	96939
administration of the fund to the board-assigned physician.	96940

(D) Notwithstanding the exceptions to public inspection in	96941
division (C)(2) of this section, the board may furnish the	96942
following information:	96943

(1) If a member, former member, or retirant is subject to an	96944
order issued under section 2907.15 of the Revised Code or an order	96945
issued under division (A) or (B) of section 2929.192 of the	96946
Revised Code or is convicted of or pleads guilty to a violation of	96947
section 2921.41 of the Revised Code, on written request of a	96948
prosecutor as defined in section 2935.01 of the Revised Code, the	96949
board shall furnish to the prosecutor the information requested	96950
from the individual's personal history record.	96951

(2) Pursuant to a court order issued under Chapters 3119.,	96952
3121., and 3123. of the Revised Code, the board shall furnish to a	96953
court or child support enforcement agency the information required	96954
under those chapters.	96955

(3) At the written request of any nonprofit organization or	96956
association providing services to retirement system members,	96957
retirants, or beneficiaries, the board shall provide to the	96958
organization or association a list of the names and addresses of	96959
members, former members, retirants, or beneficiaries if the	96960
organization or association agrees to use such information solely	96961
in accordance with its stated purpose of providing services to	96962
such individuals and not for the benefit of other persons,	96963
organizations, or associations. The costs of compiling, copying,	96964
and mailing the list shall be paid by such entity.	96965

(4) Within fourteen days after receiving from the director of	96966
job and family services a list of the names and social security	96967
numbers of recipients of public assistance pursuant to section	96968
5101.181 of the Revised Code, the board shall inform the auditor	96969
of state of the name, current or most recent employer address, and	96970
social security number of each member whose name and social	96971
security number are the same as those of a person whose name or	96972
social security number was submitted by the director. The board	96973
and its employees, except for purposes of furnishing the auditor	96974
of state with information required by this section, shall preserve	96975
the confidentiality of recipients of public assistance in	96976
compliance with ~~division (A) of~~ section 5101.181 of the Revised	96977
Code.	96978

(5) The system shall comply with orders issued under section	96979
3105.87 of the Revised Code.	96980

On the written request of an alternate payee, as defined in	96981
section 3105.80 of the Revised Code, the system shall furnish to	96982
the alternate payee information on the amount and status of any	96983
amounts payable to the alternate payee under an order issued under	96984
section 3105.171 or 3105.65 of the Revised Code.	96985

(6) At the request of any person, the board shall make	96986
available to the person copies of all documents, including	96987
resumes, in the board's possession regarding filling a vacancy of	96988
an employee member or retirant member of the board. The person who	96989
made the request shall pay the cost of compiling, copying, and	96990
mailing the documents. The information described in this division	96991
is a public record.	96992

(E) A statement that contains information obtained from the	96993
system's records that is certified and signed by an officer of the	96994
retirement system and to which the system's official seal is	96995
affixed, or copies of the system's records to which the signature	96996
and seal are attached, shall be received as true copies of the	96997
system's records in any court or before any officer of this state.	96998

Sec. 5540.03. (A) A transportation improvement district may:

96999

(1) Adopt bylaws for the regulation of its affairs and the	97000
conduct of its business;	97001

(2) Adopt an official seal;

97002

(3) Sue and be sued in its own name, plead and be impleaded,	97003
provided any actions against the district shall be brought in the	97004
court of common pleas of the county in which the principal office	97005
of the district is located, or in the court of common pleas of the	97006
county in which the cause of action arose, and all summonses,	97007
exceptions, and notices of every kind shall be served on the	97008
district by leaving a copy thereof at its principal office with	97009
the secretary-treasurer;	97010

(4) Purchase, construct, maintain, repair, sell, exchange,	97011
police, operate, or lease projects;	97012

(5) Issue either or both of the following for the purpose of	97013
providing funds to pay the costs of any project or part thereof:	97014

(a) Transportation improvement district revenue bonds;

97015

(b) Bonds pursuant to Section 13 of Article VIII, Ohio	97016
Constitution;	97017

(6) Maintain such funds as it considers necessary;

97018

(7) Direct its agents or employees, when properly identified	97019
in writing and after at least five days' written notice, to enter	97020
upon lands within its jurisdiction to make surveys and	97021
examinations preliminary to the location and construction of	97022
projects for the district, without liability of the district or	97023
its agents or employees except for actual damage done;	97024

(8) Make and enter into all contracts and agreements	97025
necessary or incidental to the performance of its functions and	97026
the execution of its powers under this chapter;	97027

(9) Employ or retain or contract for the services of	97028
consulting engineers, superintendents, managers, and such other	97029
engineers, construction and accounting experts, financial	97030
advisers, trustees, marketing, remarketing, and administrative	97031
agents, attorneys, and other employees, independent contractors,	97032
or agents as are necessary in its judgment and fix their	97033
compensation, provided all such expenses shall be payable solely	97034
from the proceeds of bonds or from revenues;	97035

(10) Receive and accept from the federal or any state or	97036
local government, including, but not limited to, any agency,	97037
entity, or instrumentality of any of the foregoing, loans and	97038
grants for or in aid of the construction, maintenance, or repair	97039
of any project, and receive and accept aid or contributions from	97040
any source or person of money, property, labor, or other things of	97041
value, to be held, used, and applied only for the purposes for	97042
which such loans, grants, and contributions are made. Nothing in	97043
division (A)(10) of this section shall be construed as imposing	97044
any liability on this state for any loan received by a	97045
transportation improvement district from a third party unless this	97046
state has entered into an agreement to accept such liability.	97047

(11) Acquire, hold, and dispose of property in the exercise	97048
of its powers and the performance of its duties under this	97049
chapter;	97050

(12) Establish and collect tolls or user charges for its	97051
projects;	97052

(13) Do all acts necessary and proper to carry out the powers	97053
expressly granted in this chapter.	97054

(B) Chapters 123., 124., 125., 153., and 4115., and sections	97055
9.331~~, 9.332, 9.333,~~to 9.335 and 307.86 of the Revised Code do	97056
not apply to contracts or projects of a transportation improvement	97057
district.	97058

Sec. 5540.031. (A) The board of trustees of a transportation	97059
improvement district may provide for the construction,	97060
reconstruction, improvement, alteration, or repair of any road,	97061
highway, public place, building, or other infrastructure and levy	97062
special assessments, if the board determines that the public	97063
improvement will benefit the area where it will be constructed,	97064
reconstructed, improved, altered, or repaired. However, if the	97065
improvement is proposed for territory in a political subdivision	97066
located outside the district's territory, the legislative	97067
authority of that political subdivision shall approve the	97068
undertaking of the improvement within the political subdivision.	97069

(B) If any improvements are made under this section,	97070
contracts for the improvement may provide that the improvement may	97071
be owned by the district or by the person or corporation supplying	97072
it to the district under a lease.	97073

(C) If the board of trustees of a district proposes an	97074
improvement described in division (A) of this section, the board	97075
shall conduct a hearing on the proposed improvement. The board	97076
shall indicate by metes and bounds the area in which the public	97077
improvement will be made and the area that will benefit from the	97078
improvement.	97079

(D) The board of trustees shall fix a day for a hearing on	97080
the proposed improvement. The secretary-treasurer of the board	97081
shall deliver, to each owner of a parcel of land or a lot that the	97082
board identifies as benefiting from the proposed improvement, a	97083
notice that sets forth the substance of the proposed improvement	97084
and the time and place of the hearing on it. At least fifteen days	97085
before the date set for the hearing, a copy of the notice shall be	97086
served upon the owner or left at ~~his~~the owner's usual place of	97087
residence, or, if the owner is a corporation, upon an officer or	97088
agent of the corporation. On or before the day of the hearing, the	97089
person serving notice of the hearing shall make return thereon,	97090
under oath, of the time and manner of service, and shall file the	97091
notice with the secretary-treasurer of the board.	97092

At least fifteen days before the day set for the hearing on	97093
the proposed improvement, the secretary-treasurer shall give	97094
notice to each nonresident owner of a lot or parcel of land in the	97095
area to be benefited by the improvement, by publication once in a	97096
newspaper ~~published and~~ of general circulation in the one or more	97097
counties in which this area is located. The publication of the	97098
notice shall be verified by affidavit of the printer or other	97099
person having knowledge of the publication and shall be filed with	97100
the secretary-treasurer of the district on or before the date of	97101
the hearing.	97102

(E) At the time and place specified in the notice for a	97103
hearing on the proposed improvement, the board of trustees of the	97104
district shall meet and hear any and all testimony provided by any	97105
of the parties affected by the proposed improvement and by any	97106
other persons competent to testify. The board or its	97107
representatives shall inspect, by an actual viewing, the area to	97108
be benefited by the proposed improvement. The board shall	97109
determine the necessity of the proposed improvement and may find	97110
that the proposed improvement will result in general as well as	97111
special benefits. The board may adjourn from time to time and to	97112
such places as it considers necessary.	97113

(F)(1) The board may award contracts or enter into a lease	97114
agreement for the construction, reconstruction, improvement,	97115
alteration, or repair of any improvement described in division (A)	97116
of this section and may issue notes, bonds, revenue anticipatory	97117
instruments, or other obligations, as authorized by this chapter,	97118
to finance the improvements.	97119

(2) All or a part of the costs and expenses of providing for	97120
the construction, reconstruction, improvement, alteration, or	97121
repair of any improvement described in division (F)(1) of this	97122
section may be paid from a fund into which may be paid special	97123
assessments levied under this section against the lots and parcels	97124
of land in the area to be benefited by the improvement, if the	97125
board finds that the improvement will result in general or special	97126
benefits to the benefited area. These special assessments shall be	97127
levied not more than one time on the same lot or parcel of land.	97128
Such costs and expenses may also be paid from the treasury of the	97129
district or from other available sources in amounts the board	97130
finds appropriate.	97131

(3) The board shall levy special assessments at an amount not	97132
to exceed ten per cent of the assessable value of the lot or	97133
parcel of land being assessed. The board shall determine the	97134
assessable value of a lot or parcel of land in the following	97135
manner: the board shall first determine the fair market value of	97136
the lot or parcel being assessed in the calendar year in which the	97137
area to be benefited by the public improvement is first designated	97138
and then multiply this amount by the average rate of appreciation	97139
in value of the lot or parcel since that calendar year. The	97140
assessable value of the lot or parcel is the current fair market	97141
value of the lot or parcel minus the amount calculated in the	97142
manner described in the immediately preceding sentence. The board	97143
may adjust the assessable value of a lot or parcel of land to	97144
reflect a sale of the lot or parcel that indicates an appreciation	97145
in its value that exceeds its average rate of appreciation in	97146
value.	97147

(4) Special assessments levied by the board may be paid in	97148
full in a lump sum or may be paid and collected in equal	97149
semiannual installments, equal in number to twice the number of	97150
years for which the lease of the improvement is made or twice the	97151
number of years that the note, bond, instrument, or obligation	97152
that the assessments are pledged to pay requires. The assessments	97153
shall be paid and collected in the same manner and at the same	97154
time as real property taxes are paid and collected, and	97155
assessments in the amount of fifty dollars or less shall be paid	97156
in full, and not in installments, at the time the first or next	97157
installment would otherwise become due and payable. Complaints	97158
regarding assessments may be made to the county board of revision	97159
in the same manner as complaints relating to the valuation and	97160
assessment of real property.	97161

Credits against assessments shall be granted equal to the	97162
value of any construction, reconstruction, improvement,	97163
alteration, or repair that an owner of a parcel of land or lot	97164
makes to an improvement pursuant to an agreement between the owner	97165
and the district.	97166

(5) After the levy of a special assessment, the board, at any	97167
time during any year in which an installment of the assessment	97168
becomes due, may pay out of other available funds of the district,	97169
including any state or federal funds available to the district,	97170
the full amount of the price of the contract that the special	97171
assessments are pledged to pay for that year or any other portion	97172
of the remaining obligation. The board shall be the sole	97173
determiner of the definition, extent, and allocation of the	97174
benefit resulting from an improvement that the board authorizes	97175
under this section.	97176

(G)(1) The board shall certify to the appropriate county	97177
auditor the boundaries of the area that is benefited by any public	97178
improvement the board authorizes under this section and, when the	97179
board so requests, the auditor shall apportion the valuation of	97180
any lot or parcel of land lying partly within and partly outside	97181
the area so benefited.	97182

(2) The board by resolution shall assess against the lots and	97183
parcels of land located in the area that is benefited by a public	97184
improvement such portion of the costs of completing the public	97185
improvement as the board determines, for the period that may be	97186
necessary to pay the note, bond, instrument, or obligation issued	97187
to pay for the improvement and the proceedings in relation to it,	97188
and shall certify these costs to the appropriate county auditor.	97189

(3) Except for assessments that have been paid in full in a	97190
lump sum, the county auditor shall annually place upon the tax	97191
duplicate, for collection in semiannual installments, the two	97192
installments of the assessment for that year, which shall be paid	97193
and collected at the same time and in the same manner as real	97194
property taxes. The collected assessments shall be paid to the	97195
treasury of the district and the board of the district shall use	97196
the assessments for any purpose authorized by this chapter.	97197

Sec. 5540.05. The board of trustees of a district may	97198
acquire real property in fee simple in the name of the district in	97199
connection with, but in excess of that needed for, a project by	97200
any method other than appropriation and hold the property for such	97201
period of time as the board determines. All right, title, and	97202
interest of the district in the property may be sold at public	97203
auction or otherwise, as the board considers in the best interests	97204
of the district; but in no event shall the property be sold for	97205
less than two-thirds of its appraised value. Sale at public	97206
auction shall be undertaken only after the board advertises the	97207
sale in a newspaper of general circulation in the district for at	97208
~~least~~ two weeks or as provided in section 7.16 of the Revised	97209
Code, prior to the date set for the sale.	97210

Sec. 5543.10. (A) The county engineer, upon the order of the	97211
board of county commissioners or board of township trustees, shall	97212
construct sidewalks, curbs, or gutters of suitable materials,	97213
along or connecting the public highways, outside any municipal	97214
corporation, upon the petition of a majority of the abutting	97215
property owners. The expense of the construction of these	97216
improvements may be paid by the county or township, or by the	97217
county or township and abutting property owners in such proportion	97218
as determined by the board of county commissioners or board of	97219
township trustees. The board of county commissioners or board of	97220
township trustees may assess part or all of the cost of these	97221
improvements against the abutting property owners, in proportion	97222
to benefits accruing to their property.	97223

The board of county commissioners or board of township	97224
trustees, by unanimous vote, may order the construction, repair,	97225
or maintenance of sidewalks, curbs, and gutters along or	97226
connecting the public highways, outside a municipal corporation,	97227
without a petition for that construction, repair, or maintenance,	97228
and may assess none, all, or any part of the cost against abutting	97229
property owners, provided that notice is given by publication for	97230
three successive weeks in a newspaper of general circulation	97231
within the county or as provided in section 7.16 of the Revised	97232
Code, stating the intention of the board of county commissioners	97233
or board of township trustees to construct, repair, or maintain	97234
the specified improvements and fixing a date for a hearing on	97235
them. As part of a sidewalk improvement, the board may include the	97236
repair or reconstruction of a driveway within the sidewalk	97237
easement. As part of a curb improvement, the board may include	97238
construction or repair of a driveway apron.	97239

Notice to all abutting property owners shall be given by two	97240
publications in a newspaper of general circulation in the county	97241
or as provided in section 7.16 of the Revised Code, at least ten	97242
days prior to the date fixed in the notice for the making of	97243
assessments. The notice shall state the time and place when	97244
abutting property owners will be given an opportunity to be heard	97245
with reference to assessments. The board of county commissioners	97246
or board of township trustees shall determine whether assessments	97247
shall be paid in one or more installments.	97248

(B) The county engineer may trim or remove any and all trees,	97249
shrubs, and other vegetation growing in or encroaching onto the	97250
right-of-way of the easement of a public sidewalk along or	97251
connecting the public highways and maintained by the county, and	97252
the board of township trustees may trim or remove any and all	97253
trees, shrubs, and other vegetation growing in or encroaching onto	97254
the right-of-way of the easement of a public sidewalk along or	97255
connecting the public highways and maintained by the township, as	97256
is necessary in the engineer's or board's judgment to facilitate	97257
the right of the public to improvement and maintenance of, and	97258
uninterrupted travel on, public sidewalks in the county or	97259
township.	97260

Sec. 5552.06. (A) A board of county commissioners or a board	97261
of township trustees may adopt access management regulations or	97262
any amendments to those regulations after holding at least two	97263
public hearings at regular or special sessions of the board. The	97264
board shall consider the county engineer's proposed regulations	97265
prepared under division (B) of section 5552.04 or 5552.05 of the	97266
Revised Code and all comments on those regulations. The board, in	97267
its discretion, may, but need not, adopt any or all of those	97268
proposed regulations. After the public hearings, the board may	97269
decide not to adopt any access management regulations.	97270

The board shall publish notice of the public hearings in a	97271
newspaper of general circulation in the county or township, as	97272
applicable, once a week for ~~at least~~ two weeks or as provided in	97273
section 7.16 of the Revised Code, immediately preceding the	97274
hearings. The notice shall include the time, date, and place of	97275
each hearing. Copies of any proposed regulations or amendments	97276
shall be made available to the public at the board's office and,	97277
if the county engineer administers or is proposed to administer a	97278
point of access permit, in the engineer's office.	97279

(B) In addition to the notice required by division (A) of	97280
this section, not less than thirty days before holding a public	97281
hearing, a board of county commissioners shall send a copy of the	97282
county engineer's proposed regulations, a copy of the advisory	97283
committee's recommendations, and a request for written comments to	97284
the board of township trustees of each township in the county, the	97285
department of transportation district deputy director for the	97286
district in which the county is located, a representative of the	97287
metropolitan planning organization, where applicable, and at least	97288
the local professional associations representing the following	97289
professions:	97290

(1) Homebuilders;

97291

(2) Realtors;

97292

(3) Professional surveyors;

97293

(4) Attorneys;

97294

(5) Professional engineers.

97295

(C) In addition to the notice required by division (A) of	97296
this section, a board of township trustees shall send a copy of	97297
the county engineer's proposed regulations, a copy of the advisory	97298
committee's recommendations, and a request for written comments,	97299
not less than thirty days before holding a public hearing, to the	97300
department of transportation district deputy director for the	97301
district in which the township is located, a representative of the	97302
metropolitan planning organization, where applicable, and at least	97303
the local professional associations representing the professions	97304
listed in division (B) of this section.	97305

Sec. 5553.05. (A) In the resolution required by section	97306
5553.04 of the Revised Code, the board of county commissioners	97307
shall fix a date when it will view the proposed improvement, and	97308
also a date for a final hearing thereon.	97309

The board shall give notice of the time and place for both	97310
such view and hearing by publication once a week for two	97311
consecutive weeks in a newspaper ~~published and having~~of general	97312
circulation in the county where such improvement is located~~, but~~	97313
~~if there is no such newspaper published in said county, then in a~~	97314
~~newspaper having general circulation in said county~~or as provided	97315
in section 7.16 of the Revised Code. Such notice, in addition to	97316
the date and place of such view and place and time of the final	97317
hearing, shall state briefly the character of such improvement.	97318

(B) If the board adopts a resolution to vacate a public road	97319
as provided in section 5553.04 of the Revised Code, or if a	97320
petition to vacate a public road is filed, the board shall, in	97321
addition to the notice of the time and place for hearing	97322
prescribed in division (A) of this section, send written notice of	97323
the hearing by first class mail at least twenty days before the	97324
date of the public hearing to owners of property abutting upon	97325
that portion of the road to be vacated, and to the director of	97326
natural resources. Such notice shall be mailed to the addresses of	97327
such owners appearing on the county auditor's current tax list or	97328
the treasurer's mailing list, and such other list or lists that	97329
may be specified by the board. The failure of the delivery of such	97330
notice does not invalidate any such vacating of the road	97331
authorized in the resolution.	97332

Sec. 5553.19. The county engineer shall view and survey the	97333
road as provided in section 5553.18 of the Revised Code, and shall	97334
make a return of the survey and plat of the road to the board of	97335
county commissioners. Upon the filing of the report of the	97336
engineer, the board shall give notice of the filing of such report	97337
by publication as provided in section 7.16 of the Revised Code or	97338
once each week for three consecutive weeks in a newspaper	97339
~~published and having~~of general circulation in the county in which	97340
such road is situated~~, but if there is no such newspaper published~~	97341
~~in said county, then in a newspaper having general circulation in~~	97342
~~said county~~. Such notice shall state the date and time of the	97343
hearing upon the report of the engineer. If exceptions or	97344
objections are made, the board shall hear them, and it may approve	97345
or reject said report. If the report of the engineer is approved,	97346
the board shall cause such report to be recorded together with the	97347
survey and plat of such road.	97348

Sec. 5553.23. If a person through whose land a public road	97349
has been established, which is under the jurisdiction of the board	97350
of county commissioners, desires to turn or change or relocate	97351
such road or any part thereof through any part of ~~his~~the person's	97352
land, hethe person may file a petition with the board of county	97353
commissioners setting forth briefly the particular change he	97354
~~desires~~desired. Upon the receipt of such petition, the board	97355
shall give notice by publication once not later than two weeks	97356
prior to the date for the hearing on such petition in ~~some~~a	97357
newspaper ~~published and~~ of general circulation in said county, ~~but~~	97358
~~if there is no such newspaper published in said county, then in a~~	97359
~~newspaper having general circulation in said county,~~ stating that	97360
such petition has been filed and setting forth the change desired	97361
in such road and the date and place for the hearing on said	97362
petition. If a public road was once established for public	97363
convenience through private lands, but has not been improved by	97364
public funds and for more than twenty-one years has not been used,	97365
the owner of such land may petition the board to vacate the road	97366
in accordance with proceedings under sections 5553.04 to 5553.11	97367
of the Revised Code.	97368

A person through whose land a trail right of way has been	97369
preserved under section 5553.044 of the Revised Code may file a	97370
petition to turn or change the route of the trail right of way in	97371
the manner provided in this section, and such petition shall be	97372
acted upon in the manner set forth in sections 5553.23 to 5553.31	97373
of the Revised Code. Notice of the hearing in such case shall also	97374
be made by first class mail to the director of natural resources.	97375
If the board turns or changes the route of the trail right of way,	97376
it shall furnish the director with a full and accurate description	97377
or map of the change.	97378

Sec. 5553.42. The board of county commissioners shall give	97379
notice to the owners of lands through which the proposed road will	97380
pass of the filing of the petition provided for in section 5553.41	97381
of the Revised Code and the date and place of the hearing thereon.	97382
Such notice shall be served on such owners personally, or by	97383
leaving a copy of such notice at the usual place of residence of	97384
such owners at least five days before the date of the hearing on	97385
said petition. Proof of service of such notice shall be made by	97386
affidavit of the person serving such notice. If any of such owners	97387
are nonresidents of the county, the board shall give notice to	97388
such nonresidents by publication once each week for two	97389
consecutive weeks in a newspaper ~~published and having~~of general	97390
circulation ~~within~~in the county~~, but if there is no such~~	97391
~~newspaper published in said county, then in a newspaper having~~	97392
~~general circulation in said county~~or as provided in section 7.16	97393
of the Revised Code. A copy of the newspaper containing such	97394
notice shall be mailed by the county auditor to each nonresident	97395
whose post-office address is known to such auditor. Such notice	97396
shall state the time and place of the hearing on claims for	97397
compensation and damages.	97398

Sec. 5555.07. The county engineer shall prepare and file	97399
with the board of county commissioners, by the time fixed therefor	97400
by the board, copies of the surveys, plans, profiles, cross	97401
sections, estimates of costs, and specifications for the	97402
improvement and estimated assessments upon lands benefited	97403
thereby. Thereupon such board shall file such copies in its office	97404
for the inspection and examination of all persons interested.	97405
Except in a case involving the improvement of a public road in	97406
which no land or property is taken or assessed, the board shall	97407
publish in a newspaper ~~published and~~ of general circulation in the	97408
county, ~~or if no newspaper is published in the county then in a~~	97409
~~newspaper having general circulation in the county,~~ for the period	97410
of two weeks or as provided in section 7.16 of the Revised Code,	97411
notice that a resolution has been adopted providing for said	97412
improvement, and that copies of the surveys, plans, profiles,	97413
cross sections, estimates, and specifications, together with	97414
estimated assessments upon the lands benefited by such improvement	97415
for the proportion of the cost thereof to be assessed therefor,	97416
are on file in the office of the board for the inspection of	97417
persons interested therein. Such notice shall state the time and	97418
place for hearing objections to said improvement and to such	97419
estimated assessments. In a case involving the improvement of a	97420
public road in which no land or property is taken or assessed, the	97421
board shall publish the notice required by this section once a	97422
week for two consecutive weeks or as provided in section 7.16 of	97423
the Revised Code.	97424

At such hearing the board may order said surveys, plans,	97425
profiles, cross sections, estimates, and specifications to be	97426
changed or modified and shall make such adjustments of the	97427
estimated assessments as seem just to it. Thereupon the board may	97428
approve such surveys, plans, profiles, cross sections,	97429
specifications, and estimates and approve and confirm estimated	97430
assessments as made by the engineer or as modified and changed by	97431
the board. Such assessments when so approved and confirmed shall	97432
be certified to the county auditor of the county and shall	97433
thereupon become a lien upon the land charged therewith. The board	97434
may declare against said improvement.	97435

Sec. 5555.27. As soon as the county engineer has transmitted	97436
to the several boards of county commissioners copies of ~~his~~the	97437
engineer's surveys, plans, profiles, cross sections, estimates,	97438
and specifications for the improvement, the joint board of county	97439
commissioners shall, except in cases of reconstruction or repair	97440
of roads where no lands or property are taken, fix a time and	97441
place for hearing objections to said improvement. The joint board	97442
shall thereupon, except in cases of reconstruction or repair of	97443
roads where no lands or property are taken, publish in a newspaper	97444
~~published and~~ of general circulation within each interested	97445
county, ~~or if there is no such newspaper published in such county~~	97446
~~then in a newspaper having general circulation in such county,~~	97447
once a week for two consecutive weeks or as provided in section	97448
7.16 of the Revised Code, a notice that such improvement is to be	97449
made and that copies of the surveys, plans, profiles, cross	97450
sections, estimates, and specifications therefor are on file in	97451
the office of the board of each interested county for the	97452
inspection and examination of all persons interested therein. Such	97453
notice shall also state the time and place for hearing objections	97454
to said improvement. Proceedings for the appropriation of land	97455
needed for such improvement shall be maintained in accordance with	97456
sections 163.01 to 163.22~~, inclusive,~~ of the Revised Code.	97457

Sec. 5555.42. A board of county commissioners desiring to	97458
construct a county road improvement, and finding that no equitable	97459
method of apportioning the compensation, damages, and expenses	97460
thereof is provided by section 5555.41 of the Revised Code, or	97461
finding that an equitable assessment cannot be made by the use of	97462
any of the several assessment areas authorized by said section,	97463
may order the county engineer to make a tentative plan for such	97464
improvement and an approximate estimate of the cost. Such board	97465
may thereupon file an application in the court of common pleas	97466
describing the improvement in question, and a copy of the	97467
tentative plan and approximate estimate of cost shall be attached	97468
to such application. The board shall set forth in such application	97469
that the compensation, damages, and expenses of the improvement	97470
cannot be equitably apportioned under any of the several plans	97471
provided by said section or that such compensation, damages, and	97472
expenses cannot be equitably assessed by the use of any one of the	97473
several assessment areas authorized by said section, or that both	97474
such conditions exist, and it shall set forth a method of	97475
apportioning the compensation, damages, and expenses and a	97476
definite description of the area against which it desires to	97477
assess any part of such compensation, damages, and expenses. The	97478
application shall contain a prayer requesting authority from such	97479
court to construct the improvement and apportion the compensation,	97480
damages, and expenses according to the plan suggested by such	97481
board and to assess the designated portion of the cost against the	97482
real estate within the area described in the petition.	97483

Notice of the filing and pendency of such application shall	97484
be given once a week for four consecutive weeks by publication in	97485
~~two newspapers published and of general circulation in the county,~~	97486
~~or if there are no such newspapers then in two newspapers~~a	97487
newspaper of general circulation in such county or as provided in	97488
section 7.16 of the Revised Code. Such notice shall describe the	97489
route and termini of the improvement and set forth the estimated	97490
cost and the proposed method of apportionment and assessment area.	97491
After such notice has been given, the court or a judge thereof	97492
shall fix a time for a hearing on such application, and, at the	97493
time fixed, the court or a judge thereof shall hear such	97494
application and all evidence offered by the board or any taxpayer	97495
of the county for or against the proposed plan of apportionment	97496
and for or against the use of the suggested assessment area. If	97497
the court finds that the suggested plan of apportionment and the	97498
area against which special assessments are to be made are fair and	97499
just, that the cost of the improvement will not be excessive in	97500
view of the benefits conferred, and that all the real estate	97501
within the suggested assessment area will be benefited by the	97502
construction of the improvement upon the plan suggested and by the	97503
use of the method of apportionment set forth in said application,	97504
such court may authorize the board to proceed upon the suggested	97505
plan and to apportion the compensation, damages, and expenses in	97506
the manner set forth in the application and to assess against the	97507
real estate within the assessment area designated in the	97508
application, according to the benefits, that portion of the cost	97509
to be specially assessed; otherwise the court shall dismiss the	97510
application and the board may not proceed with the improvement.	97511
The court may modify the suggested plan of apportionment or the	97512
suggested assessment area and grant the prayer of the application	97513
subject to such modifications as it determines are just and	97514
proper. The board in its application may set up any division of	97515
cost which it thinks proper among the county, the owners of lands	97516
to be specially assessed, and any municipal corporation within	97517
which such projected improvement is situated in whole or in part,	97518
but no portion of the cost may be apportioned to a municipal	97519
corporation without the consent of such municipal corporation	97520
evidenced by an ordinance or resolution of its legislative	97521
authority.	97522

When the prayer of any such application is granted by the	97523
court or a judge thereof and the plan of apportionment and area of	97524
assessment is approved by such court, either as set forth in the	97525
application or as modified by the court, the board may proceed	97526
with the construction of the improvement and use the method of	97527
apportionment and the assessment area authorized by the court. In	97528
such event, the board may levy taxes and issue bonds in the manner	97529
provided by law with respect to improvements, the compensation,	97530
damages, and expenses of which are apportioned and paid as	97531
provided in section 5555.41 of the Revised Code, and all	97532
proceedings in connection with such improvement shall be conducted	97533
in accordance with sections 5555.01 to 5555.83 of the Revised	97534
Code, except as provided in this section. The special assessments	97535
shall be made by the board against the real estate within the	97536
assessment area authorized by the court, but no assessment against	97537
any lot or parcel of real estate shall exceed the actual benefits	97538
conferred thereon by the construction of the improvement. This	97539
section also applies to improvements of sections of a state	97540
highway within counties having a tax duplicate of real and	97541
personal property in excess of three hundred million dollars, and	97542
with respect to which the board desires to co-operate with the	97543
department of transportation.	97544

Sec. 5559.06. Upon the completion of the surveys, plans,	97545
profiles, cross sections, estimates, and specifications for an	97546
improvement under section 5559.02 of the Revised Code by the	97547
county engineer, hethe engineer shall transmit to the board of	97548
county commissioners copies of such surveys, plans, profiles,	97549
cross sections, estimates, and specifications. The board shall	97550
then publish, in a newspaper ~~published and~~ of general circulation	97551
within the county, ~~and if there is no such newspaper published in~~	97552
~~the county then in one having general circulation in such county,~~	97553
once a week for two consecutive weeks or as provided in section	97554
7.16 of the Revised Code, a notice that such improvement is to be	97555
made and that copies of the surveys, plans, profiles, cross	97556
sections, estimates, and specifications for it are on file in the	97557
office of the board for the inspection and examination of all	97558
persons interested. Such notice shall also state the time and	97559
place for hearing objections to the improvement.	97560

In the event that land or property is to be taken for such	97561
improvement, such taking shall be in accordance with sections	97562
163.01 to 163.22~~, inclusive,~~ of the Revised Code.	97563

Sec. 5559.10. As soon as all questions of compensation and	97564
damages have been determined in a road improvement case, the	97565
county engineer shall make, upon actual view, an estimated	97566
assessment upon the real estate to be charged therewith, of the	97567
compensation, damages, and costs of an improvement as provided by	97568
section 5559.02 of the Revised Code. Such estimated assessment	97569
shall be according to the benefit which will result to the real	97570
estate. In making such assessment the engineer may take into	97571
consideration any previous special assessments made upon the real	97572
estate for road improvements. The schedule of such assessments	97573
shall be filed in the office of the board of county commissioners	97574
for the inspection of the persons interested. Before adopting the	97575
assessment, the board shall publish, once each week for two	97576
consecutive weeks, in ~~some~~a newspaper ~~published and~~ of general	97577
circulation in the county or as provided in section 7.16 of the	97578
Revised Code, ~~but if there is no such newspaper then in one having~~	97579
~~general circulation in the county,~~ notice that such assessment has	97580
been made, is on file in the office of the board, and the date	97581
when objections will be heard to such assessment. If any owner of	97582
property affected thereby desires, hethe owner may file ~~his~~	97583
objections to said assessments, in writing, with the board before	97584
the time for hearing. If any objections are filed the board shall	97585
hear them and act as an equalizing board. It may change such	97586
assessments if, in its opinion, any change is necessary to make	97587
them just and equitable, and the board shall approve and confirm	97588
such assessments as reported by the engineer or modified by it.	97589
Such assessments, when so approved and confirmed, shall be a lien	97590
on the land chargeable therewith.	97591

Sec. 5559.12. After the board of county commissioners has	97592
decided to proceed with an improvement as provided by section	97593
5559.02 of the Revised Code, it shall advertise for bids once, not	97594
later than two weeks prior to the date fixed for the letting of	97595
the contract, in a newspaper ~~published and~~ of general circulation	97596
in the county~~, but if there is no such newspaper then in one~~	97597
~~having general circulation in such county~~. Such notice shall state	97598
that copies of the surveys, plans, profiles, cross sections,	97599
estimates, and specifications for such improvement are on file in	97600
the office of the board, and the time within which bids will be	97601
received. The board shall award the contract to the lowest	97602
responsible bidder.	97603

The contract shall be let upon the basis of lump sum bids,	97604
unless the board orders that it be let upon the basis of unit	97605
price bids, in which event it shall be let upon such basis. The	97606
bids received shall be opened at the time stated in the notice.	97607
The board may reject all bids.	97608

Sec. 5561.04. The board of county commissioners, desiring to	97609
proceed under sections 4957.06 and 5561.01 to 5561.15 of the	97610
Revised Code, shall, after receipt of the certificate of necessity	97611
and expediency from the director of transportation, as provided in	97612
section 5561.03 of the Revised Code, hold a public hearing as to	97613
the expediency of constructing such improvement, notice of which	97614
shall be given by publication in ~~two newspapers published and~~a	97615
newspaper of general circulation in the county, ~~if such there be,~~	97616
~~otherwise in two newspapers of general circulation in such county,~~	97617
for two weeks prior to the date set for such hearing or as	97618
provided in section 7.16 of the Revised Code, and shall be served	97619
upon the railroad or interurban railway companies in the manner	97620
for the service of summons in civil actions, not less than twenty	97621
days prior to the date of such hearing.	97622

The board, after such hearing and for the purpose of making	97623
or causing such an improvement to be made, may, by resolution	97624
adopted by unanimous vote, require the railroad company, in	97625
co-operation with the county engineer or any engineer designated	97626
by the board, to prepare and submit to the board within six	97627
months, unless longer time is mutually agreed upon in writing,	97628
plans and specifications for such improvements, specifying the	97629
number, character, and location of all piers and supports which	97630
are to be permanently placed in any road or highway, specifying	97631
the grades to be established for the roads and the height,	97632
character, and estimated cost of any viaduct or way above or below	97633
any railroad track, and the change of grade required to be made of	97634
such tracks including side tracks and switches. But in changing	97635
the grade of any railroad, no grade shall be required in excess of	97636
that adopted by the railroad company for its construction work on	97637
that division or part of the railroad on which the improvement is	97638
to be made, without the consent of the railroad company, nor shall	97639
the railroad company's tracks be required to be placed below	97640
high-water mark.	97641

Such resolution shall be published in the same manner as	97642
resolutions of the legislative authority of a municipal	97643
corporation declaring the necessity of a contemplated public	97644
improvement, and shall be served by the sheriff upon the railroad	97645
or interurban railway companies in the manner provided for the	97646
service of summons in civil actions. If the proposed public	97647
improvement is to be made within a municipal corporation, notice	97648
of the passage of the same shall be served upon the municipal	97649
corporation by delivering to the clerk of the village or	97650
legislative authority of a city a true copy thereof.	97651

If, at the expiration of six months from the passage of such	97652
resolution, the railroad company has refused or failed to	97653
co-operate in the preparation of such plans and specifications, or	97654
if the county engineer or engineer designated by the board and the	97655
railroad company fail to agree upon the plans and specification of	97656
such improvement, then either the railroad company or the county	97657
may submit the matter of determining the method by which the	97658
improvement shall be made to the court of common pleas of such	97659
county. Either the county or company, after the expiration of six	97660
months from the passage of the resolution, may apply to such court	97661
by petition, accompanied by the necessary plans prepared by the	97662
county or railroad company, covering the grade crossing proposed	97663
to be abolished. Such plans must show the grades to be established	97664
for such roads or highways, the changes to be made in the location	97665
of roads or highways, the height, character, and estimated cost of	97666
any viaduct or way above or below the railroad tracks, the number,	97667
character, and location of piers, abutments, or supports to be	97668
permanently located in the roads or highways, and the change of	97669
grade to be made in any railroad tracks, including sidetracks and	97670
switches.	97671

Sec. 5561.08. Notice of the passage of a resolution for a	97672
grade crossing improvement shall be served by the sheriff of the	97673
county, upon the owner of each piece of property which will be	97674
affected by any change of grade, in the manner provided for the	97675
service of summons in civil actions. If any of such owners are	97676
nonresidents of the county, or if it appears from the return that	97677
they cannot be found, the notice shall be published for at least	97678
two weeks in ~~an English language~~a newspaper ~~published~~of general	97679
circulation in ~~such~~the county or as provided in section 7.16 of	97680
the Revised Code. Notice shall be completed at least twenty days	97681
before any work is done on such improvement, and the sheriff's	97682
return shall be prima-facie evidence of the facts recited therein.	97683

Section 727.18 of the Revised Code shall apply to the notice	97684
provided for in this section, and to all claims for damages by	97685
reason of such improvement. Such claims shall be filed with the	97686
county auditor within the time, and rights thereunder shall pass	97687
to vendees, as provided in such section. After the expiration of	97688
the time provided for the filing of claims, the board of county	97689
commissioners, when claims have been filed within the time	97690
limited, shall determine, by resolution, whether such claims are	97691
to be judicially inquired into before commencing or after the	97692
completion of the proposed improvement. Thereupon, the county	97693
prosecutor shall make application for a jury, to the court of	97694
common pleas, or probate court of the county, before commencing or	97695
after the completion of the improvement, as the board determines,	97696
and all proceedings upon such application shall be governed by the	97697
laws relating to similar applications provided for in cases of	97698
city improvements.	97699

Sec. 5571.011. If a person through whose land a public road	97700
has been established which is under the jurisdiction of a board of	97701
township trustees, desires to turn or change or relocate such road	97702
or any part thereof through any part of ~~his~~the person's land, he	97703
the person may file a petition with such board of township	97704
trustees setting forth briefly the particular change ~~he desires~~	97705
desired. Upon receipt of such petition, the board of township	97706
trustees shall give notice by publication once, not later than two	97707
weeks prior to the date which such board shall fix for a hearing	97708
on such petition, in a newspaper ~~published or~~ of general	97709
circulation in said township, stating that such petition has been	97710
filed and setting forth the change desired in such road and the	97711
date and place of such hearing.	97712

Upon receipt of such a petition the board of township	97713
trustees shall cause a competent engineer to make a survey of the	97714
ground over which the road is proposed to be changed, and to make	97715
a report in writing, together with a plat and survey of the	97716
proposed change and ~~his~~the engineer's opinion as to its advantage	97717
or disadvantage. The report of such engineer shall be filed with	97718
the board prior to the hearing of such petition.	97719

At the hearing had on the petition the board of township	97720
trustees may hear evidence for or against changing the road, and	97721
if the board is satisfied that the proposed change will not cause	97722
serious injury or disadvantage to the public, it may make a	97723
finding of such fact in its journal and authorize the petitioner	97724
to change such road in conformity with the prayer of the petition.	97725
The board may grant the change as prayed for in the petition, or	97726
it may order such change of the route of such road as will, in its	97727
judgment, be for the best interest of the public.	97728

Upon receiving satisfactory evidence that the road has been	97729
changed as authorized by it, and opened to the legal width and	97730
improved as required by it, the board of township trustees shall	97731
declare such new road a public highway and cause a record thereof	97732
to be made and at the same time vacate so much of the old road as	97733
is rendered unnecessary by the new road. The person petitioning	97734
for such change shall in all cases pay all costs and expenses in	97735
connection with the proceeding, as found and determined by the	97736
board, and the expense of making such change, including the cost	97737
of relocation of any conduits, cables, wires, towers, poles or	97738
other equipment or appliances of any public utility, located on,	97739
over or under such road. The petitioner shall, on the filing of	97740
the petition for such change, give bond to the satisfaction of the	97741
board in such amount as it determines to secure payment of the	97742
costs of the proceeding and to cover the expense of making the	97743
change asked for by the petition.	97744

Sec. 5573.02. Upon the completion of the surveys, plans,	97745
profiles, cross sections, estimates, and specifications for a road	97746
improvement by the county engineer, hethe engineer shall transmit	97747
to the board of township trustees copies of the same. Except in	97748
cases of reconstruction or repair of roads, where no land or	97749
property is taken, the board shall then cause to be published in a	97750
newspaper~~, published in the county and~~ of general circulation	97751
within the township, ~~but if no such paper is published in the~~	97752
~~county then in one having general circulation in such township,~~	97753
once a week for two consecutive weeks or as provided in section	97754
7.16 of the Revised Code, a notice that such improvement is to be	97755
made and that copies of the surveys, plans, profiles, cross	97756
sections, estimates, and specifications for it are on file with	97757
the board for the inspection and examination of all persons	97758
interested.	97759

In the event that land or property is to be taken for such	97760
improvement, proceedings shall be had in accordance with sections	97761
163.01 to 163.22~~, inclusive,~~ of the Revised Code.	97762

Sec. 5573.10. As soon as all questions of compensation and	97763
damages have been determined for any road improvement, the county	97764
engineer shall make, upon actual view, an estimated assessment,	97765
upon the real estate to be charged, of such part of the	97766
compensation, damages, and costs of such improvement as is to be	97767
specially assessed. Such assessment shall be according to the	97768
benefits which will result to the real estate. In making such	97769
assessment the engineer may take into consideration any previous	97770
special assessment made upon such real estate for road	97771
improvements.	97772

The schedule for such assessments shall be filed with the	97773
board of township trustees for the inspection of the persons	97774
interested. Before adopting the estimated assessment, the board	97775
shall publish once each week for two consecutive weeks, in ~~some~~a	97776
newspaper ~~published in the county and~~ of general circulation	97777
within such township~~, but if there is no such paper published in~~	97778
~~said county then in one having general circulation in such~~	97779
~~township~~or as provided in section 7.16 of the Revised Code,	97780
notice that such assessment has been made and is on file with the	97781
board, and the date when objections will be heard to such	97782
assessment.	97783

If any owner of property affected desires to make objections,	97784
hethe owner may file ~~his~~ objections to such assessments, in	97785
writing, with the board, before the time of such hearing. If any	97786
objections are filed the board shall hear them and act as an	97787
equalizing board, and may change assessments if, in its opinion,	97788
any changes are necessary to make them just and equitable. The	97789
board shall approve and confirm assessments as reported by the	97790
engineer or modified by the board. Such assessments, when approved	97791
and confirmed, shall be a lien on the land chargeable therewith.	97792

Sec. 5575.01. (A) In the maintenance and repair of roads,	97793
the board of township trustees may proceed either by contract or	97794
force account, but, unless the exemption specified in division (C)	97795
of this section applies, if the board wishes to proceed by force	97796
account, it first shall cause the county engineer to complete the	97797
force account assessment form developed by the auditor of state	97798
under section 117.16 of the Revised Code. Except as otherwise	97799
provided in sections 505.08 and 505.101 of the Revised Code, when	97800
the board proceeds by contract, the contract shall, if the amount	97801
involved exceeds forty-five thousand dollars, be let by the board	97802
to the lowest responsible bidder after advertisement for bids	97803
once, not later than two weeks, prior to the date fixed for the	97804
letting of the contract, in a newspaper ~~published in the county~~	97805
~~and~~ of general circulation within the township ~~or, if no newspaper~~	97806
~~is published in the county, in a newspaper having general~~	97807
~~circulation in the township~~. If the amount involved is forty-five	97808
thousand dollars or less, a contract may be let without	97809
competitive bidding, or the work may be done by force account.	97810
Such a contract shall be performed under the supervision of a	97811
member of the board or the township road superintendent.	97812

(B) Before undertaking the construction or reconstruction of	97813
a township road, the board shall cause to be made by the county	97814
engineer an estimate of the cost of the work, which estimate shall	97815
include labor, material, freight, fuel, hauling, use of machinery	97816
and equipment, and all other items of cost. If the board finds it	97817
in the best interest of the public, it may, in lieu of	97818
constructing the road by contract, proceed to construct the road	97819
by force account. Except as otherwise provided under sections	97820
505.08 and 505.101 of the Revised Code, where the total ~~estimate~~	97821
estimated cost of the work exceeds fifteen thousand dollars per	97822
mile, the board shall invite and receive competitive bids for	97823
furnishing all the labor, materials, and equipment and doing the	97824
work, as provided in section 5575.02 of the Revised Code, and	97825
shall consider and reject them before ordering the work done by	97826
force account. When such bids are received, considered, and	97827
rejected, and the work is done by force account, the work shall be	97828
performed in compliance with the plans and specifications upon	97829
which the bids were based.	97830

(C) Force account assessment forms are not required under	97831
division (A) of this section for road maintenance or repair	97832
projects of less than fifteen thousand dollars, or under division	97833
(B) of this section for road construction or reconstruction	97834
projects of less than five thousand dollars per mile.	97835

(D) All force account work under this section shall be done	97836
under the direction of a member of the board or the township road	97837
superintendent.	97838

Sec. 5575.02. After the board of township trustees has	97839
decided to proceed with a road improvement, it shall advertise for	97840
bids once, not later than two weeks prior to the date fixed for	97841
the letting of contracts, in a newspaper ~~published in the county~~	97842
~~and~~ of general circulation within ~~such~~the township~~, but if there~~	97843
~~is no such paper published in the county then in one having~~	97844
~~general circulation in the township~~. Such notice shall state that	97845
copies of the surveys, plans, profiles, cross sections, estimates,	97846
and specifications for such improvement are on file with the	97847
board, and the time within which bids will be received. The board	97848
may let the work as a whole or in convenient sections, as it	97849
determines. The contract shall be awarded to the lowest and best	97850
bidder who meets the requirements of section 153.54 of the Revised	97851
Code, and shall be let upon the basis of lump sum bids, unless the	97852
board orders that it be let upon the basis of unit price bids, in	97853
which event it shall be let upon such basis.	97854

Sec. 5591.15. All resolutions and notices provided for in	97855
sections 5591.03 to 5591.17 of the Revised Code, shall be	97856
published in a newspaper ~~published in and~~ of general circulation	97857
in the county where the improvement provided in such sections is	97858
to be made, and such publication shall be complete when published	97859
once a week, on the same day of the week, for two consecutive	97860
weeks or as provided in section 7.16 of the Revised Code.	97861

Sec. 5593.08. The bridge commission of any county or city	97862
may:	97863

(A) Adopt bylaws for the regulation of its affairs and the	97864
conduct of its business;	97865

(B) Adopt an official seal, which shall not be the seal of	97866
Ohio;	97867

(C) Maintain a principal office and suboffices at such places	97868
within the county or city as it designates;	97869

(D) Sue and be sued in its own name, and plead and be	97870
impleaded. Any actions against a bridge commission shall be	97871
brought in the court of common pleas of the county in which the	97872
principal office of the commission is located, or in the court of	97873
common pleas of the county in which the cause of action arose,	97874
when such county is located within this state. All summonses,	97875
exceptions, and notices of every kind shall be served on the	97876
commission by leaving a copy thereof at the principal office with	97877
the secretary-treasurer or the person in charge.	97878

(E) Construct, acquire by purchase or condemnation, improve,	97879
maintain, repair, police, and operate any bridge, and establish	97880
rules for the use of any such bridge;	97881

(F) Issue bridge revenue bonds of the county or city, payable	97882
solely from revenues, as provided in sections 5593.10 and 5593.16	97883
of the Revised Code, for the purpose of paying any part of the	97884
cost of any bridge or bridges;	97885

(G) Fix and revise from time to time and charge and collect	97886
tolls for transit over each bridge constructed or acquired by it;	97887

(H) Acquire, hold, and dispose of real and personal property	97888
in the exercise of its powers and the performance of its duties	97889
under this chapter;	97890

(I) Acquire, in the name of the county or city, as the case	97891
may be, by purchase or otherwise, on such terms and in such manner	97892
as it determines proper, or by the exercise of the right of	97893
condemnation in the manner provided by sections 163.01 to 163.22	97894
of the Revised Code, any bridge, land, rights, easements,	97895
franchises, and other property necessary or convenient for the	97896
construction of a bridge or the improvement or efficient operation	97897
of any property acquired or constructed under this chapter, or for	97898
securing right-of-way leading to any such bridge or its approach	97899
facilities;	97900

(J) Make and enter into all contracts and agreements	97901
necessary or incidental to the performance of its duties and the	97902
execution of its powers under this chapter:	97903

(1) When the cost under any such contract or agreement, other	97904
than compensation for personal services, involves an expenditure	97905
of more than ten thousand dollars, the commission shall make a	97906
written contract with the lowest and best bidder after	97907
advertisement for not less than two consecutive weeks, or as	97908
provided in section 7.16 of the Revised Code, in a newspaper of	97909
general circulation in Franklin county, and in such other	97910
publications as the commission determines, which notice shall	97911
state the general character of the work and the general character	97912
of the materials to be furnished, the place where plans and	97913
specifications therefor may be examined, and the time and place of	97914
receiving bids.	97915

(2) Each bid for a contract for the construction, demolition,	97916
alteration, repair, or reconstruction of an improvement shall	97917
contain the full name of every person interested in it and meets	97918
the requirements of section 153.54 of the Revised Code.	97919

(3) Each bid for a contract except as provided in division	97920
(J)(2) of this section shall contain the full name of every person	97921
or company interested in it and shall be accompanied by a bond or	97922
certified check on a solvent bank, in such amount as the	97923
commission determines sufficient, that if the bid is accepted a	97924
contract will be entered into and the performance of its proposal	97925
secured.	97926

(4) The commission may reject any and all bids.

97927

(5) A bond with good and sufficient surety, approved by the	97928
commission, shall be required of every contractor awarded a	97929
contract except as provided in division (J)(2) of this section, in	97930
an amount equal to at least fifty per cent of the contract price,	97931
conditioned upon the faithful performance of the contract.	97932

(K) Employ consulting engineers, superintendents, managers,	97933
engineers, construction and accounting experts, attorneys, and	97934
other employees and agents as are necessary in its judgment, and	97935
fix their compensation. All such expenses are payable solely from	97936
the proceeds of bridge revenue bonds issued under this chapter, or	97937
from revenues.	97938

(L) Receive and accept from any federal agency, subject to	97939
the approval of the board of county commissioners or the	97940
legislative authority of the city, as the case may be, grants for	97941
or in aid of the construction, acquisition, improvement, or	97942
operation of any bridge, and receive and accept aid or	97943
contributions from any source of money, property, labor, or other	97944
things of value, to be held, used, and applied only for the	97945
purposes for which such grants and contributions are made;	97946

(M) Provide coverage for its employees under sections 4123.01	97947
to 4123.94 and 4141.01 to 4141.46 of the Revised Code;	97948

(N) Do all acts necessary or proper to carry out the powers	97949
expressly granted in this chapter.	97950

Sec. 5701.13. (A) As used in this section:

97951

(1) "Nursing home" means a nursing home or a home for the	97952
aging, as those terms are defined in section 3721.01 of the	97953
Revised Code, that is issued a license pursuant to section 3721.02	97954
of the Revised Code.	97955

(2) "Residential care facility" means a residential care	97956
facility, as defined in section 3721.01 of the Revised Code, that	97957
is issued a license pursuant to section 3721.02 of the Revised	97958
Code.	97959

(3) "Adult care facility" means an adult care facility as	97960
defined in section ~~3722.01~~5119.70 of the Revised Code that is	97961
issued a license pursuant to section ~~3722.04~~5119.73 of the	97962
Revised Code.	97963

(B) As used in Title LVII of the Revised Code, and for the	97964
purpose of other sections of the Revised Code that refer	97965
specifically to Chapter 5701. or section 5701.13 of the Revised	97966
Code, a "home for the aged" means either of the following:	97967

(1) A place of residence for aged and infirm persons that	97968
satisfies divisions (B)(1)(a) to (e) of this section:	97969

(a) It is a nursing home, residential care facility, or adult	97970
care facility.	97971

(b) It is owned by a corporation, unincorporated association,	97972
or trust of a charitable, religious, or fraternal nature, which is	97973
organized and operated not for profit, which is not formed for the	97974
pecuniary gain or profit of, and whose net earnings or any part of	97975
whose net earnings is not distributable to, its members, trustees,	97976
officers, or other private persons, and which is exempt from	97977
federal income taxation under section 501 of the "Internal Revenue	97978
Code of 1986," 100 Stat. 2085, 26 U.S.C. 1.	97979

(c) It is open to the public without regard to race, color,	97980
or national origin.	97981

(d) It does not pay, directly or indirectly, compensation for	97982
services rendered, interest on debts incurred, or purchase price	97983
for land, building, equipment, supplies, or other goods or	97984
chattels, which compensation, interest, or purchase price is	97985
unreasonably high.	97986

(e) It provides services for the life of each resident	97987
without regard to the resident's ability to continue payment for	97988
the full cost of the services.	97989

(2) A place of residence that satisfies divisions (B)(1)(b),	97990
(d), and (e) of this section; that satisfies the definition of	97991
"nursing home," or "residential care facility," ~~or "adult care~~	97992
~~facility"~~ under section 3721.01 of the Revised Code or ~~3722.01~~the	97993
definition of "adult care facility" under section 5119.70 of the	97994
Revised Code regardless of whether it is licensed as such a home	97995
or facility; and that is provided at no charge to individuals on	97996
account of their service without compensation to a charitable,	97997
religious, fraternal, or educational institution, which	97998
individuals are aged or infirm and are members of the corporation,	97999
association, or trust that owns the place of residence. For the	98000
purposes of division (B)(2) of this section, "compensation" does	98001
not include furnishing room and board, clothing, health care, or	98002
other necessities, or stipends or other de minimis payments to	98003
defray the cost thereof.	98004

Exemption from taxation shall be accorded, on proper	98005
application, only to those homes or parts of homes which meet the	98006
standards and provide the services specified in this section.	98007

Nothing in this section shall be construed as preventing a	98008
home from requiring a resident with financial need to apply for	98009
any applicable financial assistance or requiring a home to retain	98010
a resident who willfully refuses to pay for services for which the	98011
resident has contracted even though the resident has sufficient	98012
resources to do so.	98013

(C)(1) If a corporation, unincorporated association, or trust	98014
described in division (B)(1)(b) of this section is granted a	98015
certificate of need pursuant to section 3702.52 of the Revised	98016
Code to construct, add to, or otherwise modify a nursing home, or	98017
is given approval pursuant to section 3791.04 of the Revised Code	98018
to construct, add to, or otherwise modify a residential care	98019
facility or adult care facility and if the corporation,	98020
association, or trust submits an affidavit to the tax commissioner	98021
stating that, commencing on the date of licensure and continuing	98022
thereafter, the home or facility will be operated in accordance	98023
with the requirements of divisions (B)(1)(a) to (e) of this	98024
section, the corporation, association, or trust shall be	98025
considered to be operating a "home for the aged" within the	98026
meaning of division (B)(1) of this section, beginning on the first	98027
day of January of the year in which such certificate is granted or	98028
approval is given.	98029

(2) If a corporation, association, or trust is considered to	98030
be operating a "home for the aged" pursuant to division (C)(1) of	98031
this section, the corporation, association, or trust shall notify	98032
the tax commissioner in writing upon the occurrence of any of the	98033
following events:	98034

(a) The corporation, association, or trust no longer intends	98035
to complete the construction of, addition to, or modification of	98036
the home or facility, to obtain the appropriate license for the	98037
home or facility, or to commence operation of the home or facility	98038
in accordance with the requirements of divisions (B)(1)(a) to (e)	98039
of this section;	98040

(b) The certificate of approval referred to in division	98041
(C)(1) of this section expires, is revoked, or is otherwise	98042
terminated prior to the completion of the construction of,	98043
addition to, or modification of the home or facility;	98044

(c) The license to operate the home or facility is not	98045
granted by the director of health within one year following	98046
completion of the construction of, addition to, or modification of	98047
the home or facility;	98048

(d) The license to operate the home or facility is not	98049
granted by the director of health within four years following the	98050
date upon which the certificate or approval referred to in	98051
division (C)(1) of this section was granted or given;	98052

(e) The home or facility is granted a license to operate as a	98053
nursing home, residential care facility, or adult care facility.	98054

(3) Upon the occurrence of any of the events referred to in	98055
divisions (C)(2)(a), (b), (c), (d), and (e) of this section, the	98056
corporation, association, or trust shall no longer be considered	98057
to be operating a "home for the aged" pursuant to division (C)(1)	98058
of this section, except that the tax commissioner, for good cause	98059
shown and to the extent the commissioner considers appropriate,	98060
may extend the time period specified in division (C)(2)(c) or (d)	98061
of this section, or both. Nothing in division (C)(3) of this	98062
section shall be construed to prevent a nursing home, residential	98063
care facility, or adult care facility from qualifying as a "home	98064
for the aged" if, upon proper application made pursuant to	98065
division (B) of this section, it is found to meet the requirements	98066
of divisions (A) and (B) of this section.	98067

Sec. 5703.05. All powers, duties, and functions of the	98068
department of taxation are vested in and shall be performed by the	98069
tax commissioner, which powers, duties, and functions shall	98070
include, but shall not be limited to, the following:	98071

(A) Prescribing all blank forms which the department is	98072
authorized to prescribe, and to provide such forms and distribute	98073
the same as required by law and the rules of the department. ~~The~~	98074
~~tax commissioner shall include a mail-in registration form~~	98075
~~prescribed in section 3503.14 of the Revised Code within the~~	98076
~~return and instructions for the tax levied in odd-numbered years~~	98077
~~under section 5747.02 of the Revised Code, beginning with the tax~~	98078
~~levied for 1995. The secretary of state shall bear all costs for~~	98079
~~the inclusion of the mail-in registration form. That form shall be~~	98080
~~addressed for return to the office of the secretary of state.~~	98081

(B) Exercising the authority provided by law, including	98082
orders from bankruptcy courts, relative to remitting or refunding	98083
taxes or assessments, including penalties and interest thereon,	98084
illegally or erroneously assessed or collected, or for any other	98085
reason overpaid, and in addition, the commissioner may on written	98086
application of any person, firm, or corporation claiming to have	98087
overpaid to the treasurer of state at any time within five years	98088
prior to the making of such application any tax payable under any	98089
law which the department of taxation is required to administer	98090
which does not contain any provision for refund, or on the	98091
commissioner's own motion investigate the facts and make in	98092
triplicate a written statement of the commissioner's findings,	98093
and, if the commissioner finds that there has been an overpayment,	98094
issue in triplicate a certificate of abatement payable to the	98095
taxpayer, the taxpayer's assigns, or legal representative which	98096
shows the amount of the overpayment and the kind of tax overpaid.	98097
One copy of such statement shall be entered on the journal of the	98098
commissioner, one shall be certified to the attorney general, and	98099
one certified copy shall be delivered to the taxpayer. All copies	98100
of the certificate of abatement shall be transmitted to the	98101
attorney general, and if the attorney general finds it to be	98102
correct the attorney general shall so certify on each copy, and	98103
deliver one copy to the taxpayer, one copy to the commissioner,	98104
and the third copy to the treasurer of state. Except as provided	98105
in sections 5725.08 and 5725.16 of the Revised Code the taxpayer's	98106
copy of any certificates of abatement may be tendered by the payee	98107
or transferee thereof to the treasurer of state as payment, to the	98108
extent of the amount thereof, of any tax payable to the treasurer	98109
of state.	98110

(C) Exercising the authority provided by law relative to	98111
consenting to the compromise and settlement of tax claims;	98112

(D) Exercising the authority provided by law relative to the	98113
use of alternative tax bases by taxpayers in the making of	98114
personal property tax returns;	98115

(E) Exercising the authority provided by law relative to	98116
authorizing the prepayment of taxes on retail sales of tangible	98117
personal property or on the storage, use, or consumption of	98118
personal property, and waiving the collection of such taxes from	98119
the consumers;	98120

(F) Exercising the authority provided by law to revoke	98121
licenses;	98122

(G) Maintaining a continuous study of the practical operation	98123
of all taxation and revenue laws of the state, the manner in which	98124
and extent to which such laws provide revenues for the support of	98125
the state and its political subdivisions, the probable effect upon	98126
such revenue of possible changes in existing laws, and the	98127
possible enactment of measures providing for other forms of	98128
taxation. For this purpose the commissioner may establish and	98129
maintain a division of research and statistics, and may appoint	98130
necessary employees who shall be in the unclassified civil	98131
service; the results of such study shall be available to the	98132
members of the general assembly and the public.	98133

(H) Making all tax assessments, valuations, findings,	98134
determinations, computations, and orders the department of	98135
taxation is by law authorized and required to make and, pursuant	98136
to time limitations provided by law, on the commissioner's own	98137
motion, reviewing, redetermining, or correcting any tax	98138
assessments, valuations, findings, determinations, computations,	98139
or orders the commissioner has made, but the commissioner shall	98140
not review, redetermine, or correct any tax assessment, valuation,	98141
finding, determination, computation, or order which the	98142
commissioner has made as to which an appeal or application for	98143
rehearing, review, redetermination, or correction has been filed	98144
with the board of tax appeals, unless such appeal or application	98145
is withdrawn by the appellant or applicant or dismissed;	98146

(I) Appointing not more than five deputy tax commissioners,	98147
who, under such regulations as the rules of the department of	98148
taxation prescribe, may act for the commissioner in the	98149
performance of such duties as the commissioner prescribes in the	98150
administration of the laws which the commissioner is authorized	98151
and required to administer, and who shall serve in the	98152
unclassified civil service at the pleasure of the commissioner,	98153
but if a person who holds a position in the classified service is	98154
appointed, it shall not affect the civil service status of such	98155
person. The commissioner may designate not more than two of the	98156
deputy commissioners to act as commissioner in case of the	98157
absence, disability, or recusal of the commissioner or vacancy in	98158
the office of commissioner. The commissioner may adopt rules	98159
relating to the order of precedence of such designated deputy	98160
commissioners and to their assumption and administration of the	98161
office of commissioner.	98162

(J) Appointing and prescribing the duties of all other	98163
employees of the department of taxation necessary in the	98164
performance of the work of the department which the tax	98165
commissioner is by law authorized and required to perform, and	98166
creating such divisions or sections of employees as, in the	98167
commissioner's judgment, is proper;	98168

(K) Organizing the work of the department, which the	98169
commissioner is by law authorized and required to perform, so	98170
that, in the commissioner's judgment, an efficient and economical	98171
administration of the laws will result;	98172

(L) Maintaining a journal, which is open to public	98173
inspection, in which the tax commissioner shall keep a record of	98174
all final determinations of the commissioner;	98175

(M) Adopting and promulgating, in the manner provided by	98176
section 5703.14 of the Revised Code, all rules of the department,	98177
including rules for the administration of sections 3517.16,	98178
3517.17, and 5747.081 of the Revised Code;	98179

(N) Destroying any or all returns or assessment certificates	98180
in the manner authorized by law;	98181

(O) Adopting rules, in accordance with division (B) of	98182
section 325.31 of the Revised Code, governing the expenditure of	98183
moneys from the real estate assessment fund under that division.	98184

Sec. 5703.059. (A) The tax commissioner may adopt rules	98185
requiring returns, including any accompanying schedule or	98186
statement, for any of the following taxes to be filed	98187
electronically using the Ohio business gateway as defined in	98188
section 718.051 of the Revised Code, filed telephonically using	98189
the system known as the Ohio telefile system, or filed by any	98190
other electronic means prescribed by the commissioner:	98191

(1) Employer income tax withholding under Chapter 5747. of	98192
the Revised Code;	98193

(2) Motor fuel tax under Chapter 5735. of the Revised Code;

98194

(3) Cigarette and tobacco product tax under Chapter 5743. of	98195
the Revised Code;	98196

(4) Severance tax under Chapter 5749. of the Revised Code.

98197

(B) The tax commissioner may adopt rules requiring any	98198
payment of tax shown on such a return to be due to be made	98199
electronically in a manner approved by the commissioner.	98200

(C) A rule adopted under this section does not apply to	98201
returns or reports filed or payments made before six months after	98202
the effective date of the rule. The commissioner shall publicize	98203
any new electronic filing requirement on the department's web	98204
site. The commissioner shall educate the public of the requirement	98205
through seminars, workshops, conferences, or other outreach	98206
activities.	98207

(D) Any person required to file returns and make payments	98208
electronically under rules adopted under this section may apply to	98209
the commissioner, on a form prescribed by the commissioner, to be	98210
excused from that requirement. For good cause shown, the	98211
commissioner may excuse the applicant from the requirement and	98212
permit the applicant to file the returns or reports or make the	98213
payments required under this section by nonelectronic means.	98214

Sec. 5703.37. (A)(1) Except as provided in division (B) of	98215
this section, whenever service of a notice or order is required in	98216
the manner provided in this section, a copy of the notice or order	98217
shall be served upon the person affected thereby either by	98218
personal service or, by certified mail, or by a delivery service	98219
authorized under section 5703.056 of the Revised Code that	98220
notifies the tax commissioner of the date of delivery.	98221

(2) With the permission of the person affected by the notice	98222
or order, the commissioner may enter into a written agreement to	98223
deliver a notice or order by alternative means as provided in this	98224
section, including, but not limited to, delivery by secure	98225
electronic mail. Delivery by such means satisfies the requirements	98226
for delivery under this section.	98227

(B)(1)(a) If certified mail is returned because of an	98228
undeliverable address, the commissioner shall first utilize	98229
reasonable means to ascertain a new last known address, including	98230
the use of a change of address service offered by the United	98231
States postal service. If, after using reasonable means, the	98232
commissioner is unable to ascertain a new last known address, the	98233
assessment is final for purposes of section 131.02 of the Revised	98234
Code sixty days after the notice or order sent by certified mail	98235
is first returned to the commissioner, and the commissioner shall	98236
certify the notice or order, if applicable, to the attorney	98237
general for collection under section 131.02 of the Revised Code.	98238

(b) Notwithstanding certification to the attorney general	98239
under division (B)(1)(a) of this section, once the commissioner or	98240
attorney general, or the designee of either, makes an initial	98241
contact with the person to whom the notice or order is directed,	98242
the person may protest an assessment by filing a petition for	98243
reassessment within sixty days after the initial contact. The	98244
certification of an assessment under division (B)(1)(a) of this	98245
section is prima-facie evidence that delivery is complete and that	98246
the notice or order is served.	98247

(2) If mailing of a notice or order by certified mail is	98248
returned for some cause other than an undeliverable address, the	98249
tax commissioner shall resend the notice or order by ordinary	98250
mail. The notice or order shall show the date the commissioner	98251
sends the notice or order and include the following statement:	98252

"This notice or order is deemed to be served on the addressee	98253
under applicable law ten days from the date this notice or order	98254
was mailed by the commissioner as shown on the notice or order,	98255
and all periods within which an appeal may be filed apply from and	98256
after that date."	98257

Unless the mailing is returned because of an undeliverable	98258
address, the mailing of that information is prima-facie evidence	98259
that delivery of the notice or order was completed ten days after	98260
the commissioner sent the notice or order by ordinary mail and	98261
that the notice or order was served.	98262

If the ordinary mail is subsequently returned because of an	98263
undeliverable address, the commissioner shall proceed under	98264
division (B)(1)(a) of this section. A person may challenge the	98265
presumption of delivery and service under this division in	98266
accordance with division (C) of this section.	98267

(C)(1) A person disputing the presumption of delivery and	98268
service under division (B) of this section bears the burden of	98269
proving by a preponderance of the evidence that the address to	98270
which the notice or order was sent was not an address with which	98271
the person was associated at the time the commissioner originally	98272
mailed the notice or order by certified mail. For the purposes of	98273
this section, a person is associated with an address at the time	98274
the commissioner originally mailed the notice or order if, at that	98275
time, the person was residing, receiving legal documents, or	98276
conducting business at the address; or if, before that time, the	98277
person had conducted business at the address and, when the notice	98278
or order was mailed, the person's agent or the person's affiliate	98279
was conducting business at the address. For the purposes of this	98280
section, a person's affiliate is any other person that, at the	98281
time the notice or order was mailed, owned or controlled at least	98282
twenty per cent, as determined by voting rights, of the	98283
addressee's business.	98284

(2) If the person elects to protest an assessment certified	98285
to the attorney general for collection, the person must do so	98286
within sixty days after the attorney general's initial contact	98287
with the person. The attorney general may enter into a compromise	98288
with the person under sections 131.02 and 5703.06 of the Revised	98289
Code if the person does not file a petition for reassessment with	98290
the tax commissioner.	98291

(D) Nothing in this section prohibits the tax commissioner or	98292
the commissioner's designee from delivering a notice or order by	98293
personal service.	98294

(E) Collection actions taken pursuant to section 131.02 of	98295
the Revised Code upon any assessment being challenged under	98296
division (B)(1)(b) of this section shall be stayed upon the	98297
pendency of an appeal under this section. If a petition for	98298
reassessment is filed pursuant to this section on a claim that has	98299
been certified to the attorney general for collection, the claim	98300
shall be uncertified.	98301

(F) As used in this section:

98302

(1) "Last known address" means the address the department has	98303
at the time the document is originally sent by certified mail, or	98304
any address the department can ascertain using reasonable means	98305
such as the use of a change of address service offered by the	98306
United States postal service.	98307

(2) "Undeliverable address" means an address to which the	98308
United States postal service is not able to deliver a notice or	98309
order, except when the reason for nondelivery is because the	98310
addressee fails to acknowledge or accept the notice or order.	98311

Sec. 5705.14. No transfer shall be made from one fund of a	98312
subdivision to any other fund, by order of the court or otherwise,	98313
except as follows:	98314

(A) The unexpended balance in a bond fund that is no longer	98315
needed for the purpose for which such fund was created shall be	98316
transferred to the sinking fund or bond retirement fund from which	98317
such bonds are payable.	98318

(B) The unexpended balance in any specific permanent	98319
improvement fund, other than a bond fund, after the payment of all	98320
obligations incurred in the acquisition of such improvement, shall	98321
be transferred to the sinking fund or bond retirement fund of the	98322
subdivision; provided that if such money is not required to meet	98323
the obligations payable from such funds, it may be transferred to	98324
a special fund for the acquisition of permanent improvements, or,	98325
with the approval of the court of common pleas of the county in	98326
which such subdivision is located, to the general fund of the	98327
subdivision.	98328

(C) ~~The~~(1) Except as provided in division (C)(2) of this	98329
section, the unexpended balance in the sinking fund or bond	98330
retirement fund of a subdivision, after all indebtedness,	98331
interest, and other obligations for the payment of which such fund	98332
exists have been paid and retired, shall be transferred, in the	98333
case of the sinking fund, to the bond retirement fund, and in the	98334
case of the bond retirement fund, to the sinking fund; provided	98335
that if such transfer is impossible by reason of the nonexistence	98336
of the fund to receive the transfer, such unexpended balance, with	98337
the approval of the court of common pleas of the county in which	98338
such division is located, may be transferred to any other fund of	98339
the subdivision.	98340

(2) Money in a bond fund or bond retirement fund of a city,	98341
local, exempted village, cooperative education, or joint	98342
vocational school district may be transferred to a specific	98343
permanent improvement fund provided that the county budget	98344
commission of the county in which the school district is located	98345
approves the transfer upon its determination that the money	98346
transferred will not be required to meet the obligations payable	98347
from the bond fund or bond retirement fund. In arriving at such a	98348
determination, the county budget commission shall consider the	98349
balance of the bond fund or bond retirement fund, the outstanding	98350
obligations payable from the fund, and the sources and timing of	98351
the fund's revenue.	98352

(D) The unexpended balance in any special fund, other than an	98353
improvement fund, existing in accordance with division (D), (F),	98354
or (G) of section 5705.09 or section 5705.12 of the Revised Code,	98355
may be transferred to the general fund or to the sinking fund or	98356
bond retirement fund after the termination of the activity,	98357
service, or other undertaking for which such special fund existed,	98358
but only after the payment of all obligations incurred and payable	98359
from such special fund.	98360

(E) Money may be transferred from the general fund to any	98361
other fund of the subdivision.	98362

(F) Moneys retained or received by a county under section	98363
4501.04 or division (A)(3) of section 5735.27 of the Revised Code	98364
may be transferred from the fund into which they were deposited to	98365
the sinking fund or bond retirement fund from which any principal,	98366
interest, or charges for which such moneys may be used is payable.	98367

(G) Moneys retained or received by a municipal corporation	98368
under section 4501.04 or division (A)(1) or (2) of section 5735.27	98369
of the Revised Code may be transferred from the fund into which	98370
they were deposited to the sinking fund or bond retirement fund	98371
from which any principal, interest, or charges for which such	98372
moneys may be used is payable.	98373

(H)(1) Money may be transferred from the county developmental	98374
disabilities general fund to the county developmental disabilities	98375
capital fund established under section 5705.091 of the Revised	98376
Code or to any other fund created for the purposes of the county	98377
board of developmental disabilities, so long as money in the fund	98378
to which the money is transferred can be spent for the particular	98379
purpose of the transferred money. The county board of	98380
developmental disabilities may request, by resolution, that the	98381
board of county commissioners make the transfer. The county board	98382
of developmental disabilities shall transmit a certified copy of	98383
the resolution to the board of county commissioners. Upon	98384
receiving the resolution, the board of county commissioners may	98385
make the transfer. Money transferred to a fund shall be credited	98386
to an account appropriate to its particular purpose.	98387

(2) An unexpended balance in an account in the county	98388
developmental disabilities capital fund or any other fund created	98389
for the purposes of the county board of developmental disabilities	98390
may be transferred back to the county developmental disabilities	98391
general fund. The transfer may be made if the unexpended balance	98392
is no longer needed for its particular purpose and all outstanding	98393
obligations have been paid. Money transferred back to the county	98394
developmental disabilities general fund shall be credited to an	98395
account for current expenses within that fund. The county board of	98396
developmental disabilities may request, by resolution, that the	98397
board of county commissioners make the transfer. The county board	98398
of developmental disabilities shall transmit a certified copy of	98399
the resolution to the board of county commissioners. Upon	98400
receiving the resolution, the board of county commissioners may	98401
make the transfer.	98402

(I) Money may be transferred from the public assistance fund	98403
established under section 5101.161 of the Revised Code to the	98404
children services fund established under section 5101.144 of the	98405
Revised Code, so long as the money to be transferred from the	98406
public assistance fund may be spent for the purposes for which	98407
money in the children services fund may be used.	98408

Except in the case of transfer pursuant to division (E) of	98409
this section, transfers authorized by this section shall only be	98410
made by resolution of the taxing authority passed with the	98411
affirmative vote of two-thirds of the members.	98412

Sec. 5705.16. A resolution of the taxing authority of any	98413
political subdivision shall be passed by a majority of all the	98414
members thereof, declaring the necessity for the transfer of funds	98415
authorized by section 5705.15 of the Revised Code, and such taxing	98416
authority shall prepare a petition addressed to the court of	98417
common pleas of the county in which the funds are held. The	98418
petition shall set forth the name and amount of the fund, the fund	98419
to which it is desired to be transferred, a copy of such	98420
resolution with a full statement of the proceedings pertaining to	98421
its passage, and the reason or necessity for the transfer. A	98422
duplicate copy of said petition shall be forwarded to the tax	98423
commissioner for ~~his~~the commissioner's examination and approval.	98424

If the petition is disapproved by the commissioner, it shall	98425
be returned within ten days of its receipt to the officers who	98426
submitted it, with a memorandum of the commissioner's objections.	98427
This disapproval shall not prejudice a later application for	98428
approval. If the petition is approved by the commissioner, it	98429
shall be forwarded within ten days of its receipt to the clerk of	98430
the court of common pleas of the county to whose court of common	98431
pleas the petition is addressed, marked with the approval of the	98432
commissioner. If the commissioner approves the petition, hethe	98433
commissioner shall notify immediately the officers who submitted	98434
the petition, who then may file the petition in the court to which	98435
it is addressed.	98436

The petitioner shall give notice of the filing, object, and	98437
prayer of the petition, and of the time when it will be heard. The	98438
notice shall be given by one publication in ~~two newspapers having~~	98439
a newspaper of general circulation in the territory to be affected	98440
by such transfer of funds~~, preference being given to newspapers~~	98441
~~published within the territory~~. If there ~~are~~is no such ~~newspapers~~	98442
newspaper, the notice shall be posted in ten conspicuous places	98443
within the territory for ~~the~~a period of four weeks.	98444

The petition may be heard at the time stated in the notice,	98445
or as soon thereafter as convenient for the court. Any person who	98446
objects to the prayer of such petition shall file ~~his~~the person's	98447
objections in such cause on or before the time fixed in the notice	98448
for hearing, and hethat person shall be entitled to be heard.	98449

If, upon hearing, the court finds that the notice has been	98450
given as required by this section, that the petition states	98451
sufficient facts, that there are good reasons, or that a necessity	98452
exists, for the transfer, and that no injury will result	98453
therefrom, it shall grant the prayer of the petition and order the	98454
petitioners to make such transfer.	98455

A copy of the findings, orders, and judgments of the court	98456
shall be certified by the clerk and entered on the records of the	98457
petitioning officers or board, and thereupon the petitioners may	98458
make the transfer of funds as directed by the court. All costs of	98459
such proceedings shall be paid by the petitioners, except that if	98460
objections are filed the court may order such objectors to pay all	98461
or a portion of the costs.	98462

Sec. 5705.191. The taxing authority of any subdivision,	98463
other than the board of education of a school district or the	98464
taxing authority of a county school financing district, by a vote	98465
of two-thirds of all its members, may declare by resolution that	98466
the amount of taxes that may be raised within the ten-mill	98467
limitation by levies on the current tax duplicate will be	98468
insufficient to provide an adequate amount for the necessary	98469
requirements of the subdivision, and that it is necessary to levy	98470
a tax in excess of such limitation for any of the purposes in	98471
section 5705.19 of the Revised Code, or to supplement the general	98472
fund for the purpose of making appropriations for one or more of	98473
the following purposes: public assistance, human or social	98474
services, relief, welfare, hospitalization, health, and support of	98475
general hospitals, and that the question of such additional tax	98476
levy shall be submitted to the electors of the subdivision at a	98477
general, primary, or special election to be held at a time therein	98478
specified. Such resolution shall not include a levy on the current	98479
tax list and duplicate unless such election is to be held at or	98480
prior to the general election day of the current tax year. Such	98481
resolution shall conform to the requirements of section 5705.19 of	98482
the Revised Code, except that a levy to supplement the general	98483
fund for the purposes of public assistance, human or social	98484
services, relief, welfare, hospitalization, health, or the support	98485
of general or tuberculosis hospitals may not be for a longer	98486
period than ten years. All other levies under this section may not	98487
be for a longer period than five years unless a longer period is	98488
permitted by section 5705.19 of the Revised Code, and the	98489
resolution shall specify the date of holding such election, which	98490
shall not be earlier than ninety days after the adoption and	98491
certification of such resolution. The resolution shall go into	98492
immediate effect upon its passage and no publication of the same	98493
is necessary other than that provided for in the notice of	98494
election. A copy of such resolution, immediately after its	98495
passage, shall be certified to the board of elections of the	98496
proper county or counties in the manner provided by section	98497
5705.25 of the Revised Code, and such section shall govern the	98498
arrangements for the submission of such question and other matters	98499
with respect to such election, to which section 5705.25 of the	98500
Revised Code refers, excepting that such election shall be held on	98501
the date specified in the resolution, which shall be consistent	98502
with the requirements of section 3501.01 of the Revised Code,	98503
provided that only one special election for the submission of such	98504
question may be held in any one calendar year and provided that a	98505
special election may be held upon the same day a primary election	98506
is held. Publication of notice of that election shall be made in	98507
~~one or more newspapers~~a newspaper of general circulation in the	98508
county once a week for two consecutive weeks, or as provided in	98509
section 7.16 of the Revised Code, prior to the election~~, and, if~~.	98510
If the board of elections operates and maintains a web site, the	98511
board of elections shall post notice of the election on its web	98512
site for thirty days prior to the election.	98513

If a majority of the electors voting on the question vote in	98514
favor thereof, the taxing authority of the subdivision may make	98515
the necessary levy within such subdivision at the additional rate	98516
or at any lesser rate outside the ten-mill limitation on the tax	98517
list and duplicate for the purpose stated in the resolution. Such	98518
tax levy shall be included in the next annual tax budget that is	98519
certified to the county budget commission.	98520

After the approval of such a levy by the electors, the taxing	98521
authority of the subdivision may anticipate a fraction of the	98522
proceeds of such levy and issue anticipation notes. In the case of	98523
a continuing levy that is not levied for the purpose of current	98524
expenses, notes may be issued at any time after approval of the	98525
levy in an amount not more than fifty per cent of the total	98526
estimated proceeds of the levy for the succeeding ten years, less	98527
an amount equal to the fraction of the proceeds of the levy	98528
previously anticipated by the issuance of anticipation notes. In	98529
the case of a levy for a fixed period that is not for the purpose	98530
of current expenses, notes may be issued at any time after	98531
approval of the levy in an amount not more than fifty per cent of	98532
the total estimated proceeds of the levy throughout the remaining	98533
life of the levy, less an amount equal to the fraction of the	98534
proceeds of the levy previously anticipated by the issuance of	98535
anticipation notes. In the case of a levy for current expenses,	98536
notes may be issued after the approval of the levy by the electors	98537
and prior to the time when the first tax collection from the levy	98538
can be made. Such notes may be issued in an amount not more than	98539
fifty per cent of the total estimated proceeds of the levy	98540
throughout the term of the levy in the case of a levy for a fixed	98541
period, or fifty per cent of the total estimated proceeds for the	98542
first ten years of the levy in the case of a continuing levy.	98543

No anticipation notes that increase the net indebtedness of a	98544
county may be issued without the prior consent of the board of	98545
county commissioners of that county. The notes shall be issued as	98546
provided in section 133.24 of the Revised Code, shall have	98547
principal payments during each year after the year of their	98548
issuance over a period not exceeding the life of the levy	98549
anticipated, and may have a principal payment in the year of their	98550
issuance.	98551

"Taxing authority" and "subdivision" have the same meanings	98552
as in section 5705.01 of the Revised Code.	98553

This section is supplemental to and not in derogation of	98554
sections 5705.20, 5705.21, and 5705.22 of the Revised Code.	98555

Sec. 5705.194. The board of education of any city, local,	98556
exempted village, cooperative education, or joint vocational	98557
school district at any time may declare by resolution that the	98558
revenue that will be raised by all tax levies which the district	98559
is authorized to impose, when combined with state and federal	98560
revenues, will be insufficient to provide for the emergency	98561
requirements of the school district or to avoid an operating	98562
deficit, and that it is therefore necessary to levy an additional	98563
tax in excess of the ten-mill limitation. The resolution shall be	98564
confined to a single purpose and shall specify that purpose. If	98565
the levy is proposed to renew all or a portion of the proceeds	98566
derived from one or more existing levies imposed pursuant to this	98567
section, it shall be called a renewal levy and shall be so	98568
designated on the ballot. If two or more existing levies are to be	98569
included in a single renewal levy but are not scheduled to expire	98570
in the same year, the resolution shall specify that the existing	98571
levies to be renewed shall not be levied after the year preceding	98572
the year in which the renewal levy is first imposed.	98573
Notwithstanding the original purpose of any one or more existing	98574
levies that are to be in any single renewal levy, the purpose of	98575
the renewal levy may be either to avoid an operating deficit or to	98576
provide for the emergency requirements of the school district. The	98577
resolution shall further specify the amount of money it is	98578
necessary to raise for the specified purpose for each calendar	98579
year the millage is to be imposed; if a renewal levy, whether the	98580
levy is to renew all, or a portion of, the proceeds derived from	98581
one or more existing levies; and the number of years in which the	98582
millage is to be in effect, which may include a levy upon the	98583
current year's tax list. The number of years may be any number not	98584
exceeding ten.	98585

The question shall be submitted at a special election on a	98586
date specified in the resolution. The date shall not be earlier	98587
than eighty days after the adoption and certification of the	98588
resolution to the county auditor and shall be consistent with the	98589
requirements of section 3501.01 of the Revised Code. A resolution	98590
for a renewal levy shall not be placed on the ballot unless the	98591
question is submitted on a date on which a special election may be	98592
held under division (D) of section 3501.01 of the Revised Code,	98593
except for the first Tuesday after the first Monday in February	98594
and August, during the last year the levy to be renewed may be	98595
extended on the real and public utility property tax list and	98596
duplicate, or at any election held in the ensuing year, except	98597
that if the resolution proposes renewing two or more existing	98598
levies, the question shall be submitted on the date of the general	98599
or primary election held during the last year at least one of the	98600
levies to be renewed may be extended on that list and duplicate,	98601
or at any election held during the ensuing year. For purposes of	98602
this section, a levy shall be considered to be an "existing levy"	98603
through the year following the last year it can be placed on the	98604
real and public utility property tax list and duplicate.	98605

The submission of questions to the electors under this	98606
section is subject to the limitation on the number of election	98607
dates established by section 5705.214 of the Revised Code.	98608

The resolution shall go into immediate effect upon its	98609
passage, and no publication of the resolution shall be necessary	98610
other than that provided for in the notice of election. A copy of	98611
the resolution shall immediately after its passing be certified to	98612
the county auditor of the proper county. Section 5705.195 of the	98613
Revised Code shall govern the arrangements for the submission of	98614
questions to the electors under this section and other matters	98615
concerning the election. Publication of notice of the election	98616
shall be made in one ~~or more newspapers~~newspaper of general	98617
circulation in the county once a week for two consecutive weeks,	98618
or as provided in section 7.16 of the Revised Code, prior to the	98619
election~~, and, if~~. If the board of elections operates and	98620
maintains a web site, the board of elections shall post notice of	98621
the election on its web site for thirty days prior to the	98622
election. If a majority of the electors voting on the question	98623
submitted in an election vote in favor of the levy, the board of	98624
education of the school district may make the additional levy	98625
necessary to raise the amount specified in the resolution for the	98626
purpose stated in the resolution. The tax levy shall be included	98627
in the next tax budget that is certified to the county budget	98628
commission.	98629

After the approval of the levy and prior to the time when the	98630
first tax collection from the levy can be made, the board of	98631
education may anticipate a fraction of the proceeds of the levy	98632
and issue anticipation notes in an amount not exceeding the total	98633
estimated proceeds of the levy to be collected during the first	98634
year of the levy.	98635

The notes shall be issued as provided in section 133.24 of	98636
the Revised Code, shall have principal payments during each year	98637
after the year of their issuance over a period not to exceed five	98638
years, and may have principal payment in the year of their	98639
issuance.	98640

Sec. 5705.196. The election provided for in section 5705.194	98641
of the Revised Code shall be held at the regular places for voting	98642
in the district, and shall be conducted, canvassed, and certified	98643
in the same manner as regular elections in the district for the	98644
election of county officers, provided that in any such election in	98645
which only part of the electors of a precinct are qualified to	98646
vote, the board of elections may assign voters in such part to an	98647
adjoining precinct. Such an assignment may be made to an adjoining	98648
precinct in another county with the consent and approval of the	98649
board of elections of such other county. Notice of the election	98650
shall be published in one ~~or more newspapers~~newspaper of general	98651
circulation in the district once a week for two consecutive weeks	98652
or as provided in section 7.16 of the Revised Code, prior to the	98653
election~~, and, if~~. If the board of elections operates and	98654
maintains a web site, the board of elections shall post notice of	98655
the election on its web site for thirty days prior to the	98656
election. Such notice shall state the annual proceeds of the	98657
proposed levy, the purpose for which such proceeds are to be used,	98658
the number of years during which the levy shall run, and the	98659
estimated average additional tax rate expressed in dollars and	98660
cents for each one hundred dollars of valuation as well as in	98661
mills for each one dollar of valuation, outside the limitation	98662
imposed by Section 2 of Article XII, Ohio Constitution, as	98663
certified by the county auditor.	98664

Sec. 5705.21. (A) At any time, the board of education of any	98665
city, local, exempted village, cooperative education, or joint	98666
vocational school district, by a vote of two-thirds of all its	98667
members, may declare by resolution that the amount of taxes which	98668
may be raised within the ten-mill limitation by levies on the	98669
current tax duplicate will be insufficient to provide an adequate	98670
amount for the necessary requirements of the school district, that	98671
it is necessary to levy a tax in excess of such limitation for one	98672
of the purposes specified in division (A), (D), (F), (H), or (DD)	98673
of section 5705.19 of the Revised Code, for general permanent	98674
improvements, for the purpose of operating a cultural center, or	98675
for the purpose of providing education technology, and that the	98676
question of such additional tax levy shall be submitted to the	98677
electors of the school district at a special election on a day to	98678
be specified in the resolution.	98679

As used in this section, "cultural center" means a	98680
freestanding building, separate from a public school building,	98681
that is open to the public for educational, musical, artistic, and	98682
cultural purposes; "education technology" means, but is not	98683
limited to, computer hardware, equipment, materials, and	98684
accessories, equipment used for two-way audio or video, and	98685
software; and "general permanent improvements" means permanent	98686
improvements without regard to the limitation of division (F) of	98687
section 5705.19 of the Revised Code that the improvements be a	98688
specific improvement or a class of improvements that may be	98689
included in a single bond issue.	98690

The submission of questions to the electors under this	98691
section is subject to the limitation on the number of election	98692
dates established by section 5705.214 of the Revised Code.	98693

(B) Such resolution shall be confined to a single purpose and	98694
shall specify the amount of the increase in rate that it is	98695
necessary to levy, the purpose of the levy, and the number of	98696
years during which the increase in rate shall be in effect. The	98697
number of years may be any number not exceeding five or, if the	98698
levy is for current expenses of the district or for general	98699
permanent improvements, for a continuing period of time. The	98700
resolution shall specify the date of holding such election, which	98701
shall not be earlier than ninety days after the adoption and	98702
certification of the resolution and which shall be consistent with	98703
the requirements of section 3501.01 of the Revised Code.	98704

The resolution may propose to renew one or more existing	98705
levies imposed under this section or to increase or decrease a	98706
single levy imposed under this section. If the board of education	98707
imposes one or more existing levies for the purpose specified in	98708
division (F) of section 5705.19 of the Revised Code, the	98709
resolution may propose to renew one or more of those existing	98710
levies, or to increase or decrease a single such existing levy,	98711
for the purpose of general permanent improvements. If the	98712
resolution proposes to renew two or more existing levies, the	98713
levies shall be levied for the same purpose. The resolution shall	98714
identify those levies and the rates at which they are levied. The	98715
resolution also shall specify that the existing levies shall not	98716
be extended on the tax lists after the year preceding the year in	98717
which the renewal levy is first imposed, regardless of the years	98718
for which those levies originally were authorized to be levied.	98719

The resolution shall go into immediate effect upon its	98720
passage, and no publication of the resolution shall be necessary	98721
other than that provided for in the notice of election. A copy of	98722
the resolution shall immediately after its passing be certified to	98723
the board of elections of the proper county in the manner provided	98724
by section 5705.25 of the Revised Code, and that section shall	98725
govern the arrangements for the submission of such question and	98726
other matters concerning such election, to which that section	98727
refers, except that such election shall be held on the date	98728
specified in the resolution. Publication of notice of that	98729
election shall be made in ~~one or more newspapers~~a newspaper of	98730
general circulation in the county once a week for two consecutive	98731
weeks, or as provided in section 7.16 of the Revised Code, prior	98732
to the election~~, and, if~~. If the board of elections operates and	98733
maintains a web site, the board of elections shall post notice of	98734
the election on its web site for thirty days prior to the	98735
election. If a majority of the electors voting on the question so	98736
submitted in an election vote in favor of the levy, the board of	98737
education may make the necessary levy within the school district	98738
at the additional rate, or at any lesser rate in excess of the	98739
ten-mill limitation on the tax list, for the purpose stated in the	98740
resolution. A levy for a continuing period of time may be reduced	98741
pursuant to section 5705.261 of the Revised Code. The tax levy	98742
shall be included in the next tax budget that is certified to the	98743
county budget commission.	98744

(C)(1) After the approval of a levy on the current tax list	98745
and duplicate for current expenses, for recreational purposes, for	98746
community centers provided for in section 755.16 of the Revised	98747
Code, or for a public library of the district and prior to the	98748
time when the first tax collection from the levy can be made, the	98749
board of education may anticipate a fraction of the proceeds of	98750
the levy and issue anticipation notes in a principal amount not	98751
exceeding fifty per cent of the total estimated proceeds of the	98752
levy to be collected during the first year of the levy.	98753

(2) After the approval of a levy for general permanent	98754
improvements for a specified number of years, or for permanent	98755
improvements having the purpose specified in division (F) of	98756
section 5705.19 of the Revised Code, the board of education may	98757
anticipate a fraction of the proceeds of the levy and issue	98758
anticipation notes in a principal amount not exceeding fifty per	98759
cent of the total estimated proceeds of the levy remaining to be	98760
collected in each year over a period of five years after the	98761
issuance of the notes.	98762

The notes shall be issued as provided in section 133.24 of	98763
the Revised Code, shall have principal payments during each year	98764
after the year of their issuance over a period not to exceed five	98765
years, and may have a principal payment in the year of their	98766
issuance.	98767

(3) After approval of a levy for general permanent	98768
improvements for a continuing period of time, the board of	98769
education may anticipate a fraction of the proceeds of the levy	98770
and issue anticipation notes in a principal amount not exceeding	98771
fifty per cent of the total estimated proceeds of the levy to be	98772
collected in each year over a specified period of years, not	98773
exceeding ten, after the issuance of the notes.	98774

The notes shall be issued as provided in section 133.24 of	98775
the Revised Code, shall have principal payments during each year	98776
after the year of their issuance over a period not to exceed ten	98777
years, and may have a principal payment in the year of their	98778
issuance.	98779

Sec. 5705.211. (A) As used in this section:

98780

(1) "Adjusted charge-off increase" for a tax year means two	98781
and two-tenths per cent of the cumulative carryover property value	98782
increase. ~~If the cumulative carryover property value increase is~~	98783
~~computed on the basis of a school district's recognized valuation~~	98784
~~for a fiscal year before fiscal year 2014, the adjusted charge-off~~	98785
~~increase shall be adjusted to account for the greater charge-off~~	98786
~~rates prescribed for such fiscal years under sections 3317.022 and~~	98787
~~3306.13 of the Revised Code.~~	98788

(2) "Cumulative carryover property value increase" means the	98789
sum of the increases in carryover value certified under division	98790
(B)(2) of section 3317.015 of the Revised Code and included in a	98791
school district's total taxable value in the computation of	98792
recognized valuation under division (B) of that section for all	98793
fiscal years from the fiscal year that ends in the first tax year	98794
a levy under this section is extended on the tax list of real and	98795
public utility property until and including the fiscal year that	98796
ends in the current tax year.	98797

(3) "Taxes charged and payable" means the taxes charged and	98798
payable from a tax levy extended on the real and public utility	98799
property tax list and the general list of personal property before	98800
any reduction under section 319.302, 323.152, or 323.158 of the	98801
Revised Code.	98802

(B) The board of education of a city, local, or exempted	98803
village school district may adopt a resolution proposing the levy	98804
of a tax in excess of the ten-mill limitation for the purpose of	98805
paying the current operating expenses of the district. If the	98806
resolution is approved as provided in division (D) of this	98807
section, the tax may be levied at such a rate each tax year that	98808
the total taxes charged and payable from the levy equals the	98809
adjusted charge-off increase for the tax year or equals a lesser	98810
amount as prescribed under division (C) of this section. The tax	98811
may be levied for a continuing period of time or for a specific	98812
number of years, but not fewer than five years, as provided in the	98813
resolution. The tax may not be placed on the tax list for a tax	98814
year beginning before the first day of January following adoption	98815
of the resolution. A board of education may not adopt a resolution	98816
under this section proposing to levy a tax under this section	98817
concurrently with any other tax levied by the board under this	98818
section.	98819

(C) After the first year a tax is levied under this section,	98820
the rate of the tax in any year shall not exceed the rate,	98821
estimated by the county auditor, that would cause the sums levied	98822
from the tax against carryover property to exceed one hundred four	98823
per cent of the sums levied from the tax against carryover	98824
property in the preceding year. A board of education imposing a	98825
tax under this section may specify in the resolution imposing the	98826
tax that the percentage shall be less than one hundred four per	98827
cent, but the percentage shall not be less than one hundred per	98828
cent. At any time after a resolution adopted under this section is	98829
approved by a majority of electors as provided in division (D) of	98830
this section, the board of education, by resolution, may decrease	98831
the percentage specified in the resolution levying the tax.	98832

(D) A resolution adopted under this section shall state that	98833
the purpose of the tax is to pay current operating expenses of the	98834
district, and shall specify the first year in which the tax is to	98835
be levied, the number of years the tax will be levied or that it	98836
will be levied for a continuing period of time, and the election	98837
at which the question of the tax is to appear on the ballot, which	98838
shall be a general or special election consistent with the	98839
requirements of section 3501.01 of the Revised Code. If the board	98840
of education specifies a percentage less than one hundred four per	98841
cent pursuant to division (C) of this section, the percentage	98842
shall be specified in the resolution.	98843

Upon adoption of the resolution, the board of education may	98844
certify a copy of the resolution to the proper county board of	98845
elections. The copy of the resolution shall be certified to the	98846
board of elections not later than ninety days before the day of	98847
the election at which the question of the tax is to appear on the	98848
ballot. Upon receiving a timely certified copy of such a	98849
resolution, the board of elections shall make the necessary	98850
arrangements for the submission of the question to the electors of	98851
the school district, and the election shall be conducted,	98852
canvassed, and certified in the same manner as regular elections	98853
in the school district for the election of members of the board of	98854
education. Notice of the election shall be published in ~~one or~~	98855
~~more newspapers~~a newspaper of general circulation in the school	98856
district once per week for four consecutive weeks or as provided	98857
in section 7.16 of the Revised Code. The notice shall state that	98858
the purpose of the tax is for the current operating expenses of	98859
the school district, the first year the tax is to be levied, the	98860
number of years the tax is to be levied or that it is to be levied	98861
for a continuing period of time, that the tax is to be levied each	98862
year in an amount estimated to offset decreases in state base cost	98863
funding caused by appreciation in real estate values, and that the	98864
estimated additional tax in any year shall not exceed the previous	98865
year's by more than four per cent, or a lesser percentage	98866
specified in the resolution levying the tax, except for increases	98867
caused by the addition of new taxable property.	98868

The question shall be submitted as a separate proposition but	98869
may be printed on the same ballot with any other proposition	98870
submitted at the same election other than the election of	98871
officers.	98872

The form of the ballot shall be substantially as follows:

98873

"An additional tax for the benefit of (name of school	98874
district) for the purpose of paying the current operating expenses	98875
of the district, for .......... (number of years or for continuing	98876
period of time), at a rate sufficient to offset any reduction in	98877
basic state funding caused by appreciation in real estate values?	98878
This levy will permit variable annual growth in revenue up to	98879
.......... (amount specified by school district) per cent for the	98880
duration of the levy.	98881

98882

		For the tax levy			98883
		Against the tax levy	"		98884

98885

If a majority of the electors of the school district voting	98886
on the question vote in favor of the question, the board of	98887
elections shall certify the results of the election to the board	98888
of education and to the tax commissioner immediately after the	98889
canvass.	98890

(E) When preparing any estimate of the contemplated receipts	98891
from a tax levied pursuant to this section for the purposes of	98892
sections 5705.28 to 5705.40 of the Revised Code, and in preparing	98893
to certify the tax under section 5705.34 of the Revised Code, a	98894
board of education authorized to levy such a tax shall use	98895
information supplied by the department of education to determine	98896
the adjusted charge-off increase for the tax year for which that	98897
certification is made. If the board levied a tax under this	98898
section in the preceding tax year, the sum to be certified for	98899
collection from the tax shall not exceed the sum that would exceed	98900
the limitation imposed under division (C) of this section. At the	98901
request of the board of education or the treasurer of the school	98902
district, the county auditor shall assist the board of education	98903
in determining the rate or sum that may be levied under this	98904
section.	98905

The board of education shall certify the sum authorized to be	98906
levied to the county auditor, and, for the purpose of the county	98907
auditor determining the rate at which the tax is to be levied in	98908
the tax year, the sum so certified shall be the sum to be raised	98909
by the tax unless the sum exceeds the limitation imposed by	98910
division (C) of this section. A tax levied pursuant to this	98911
section shall not be levied at a rate in excess of the rate	98912
estimated by the county auditor to produce the sum certified by	98913
the board of education before the reductions under sections	98914
319.302, 323.152, and 323.158 of the Revised Code. Notwithstanding	98915
section 5705.34 of the Revised Code, a board of education	98916
authorized to levy a tax under this section shall certify the tax	98917
to the county auditor before the first day of October of the tax	98918
year in which the tax is to be levied, or at a later date as	98919
approved by the tax commissioner.	98920

Sec. 5705.218. (A) The board of education of a city, local,	98921
or exempted village school district, at any time by a vote of	98922
two-thirds of all its members, may declare by resolution that it	98923
may be necessary for the school district to issue general	98924
obligation bonds for permanent improvements. The resolution shall	98925
state all of the following:	98926

(1) The necessity and purpose of the bond issue;

98927

(2) The date of the special election at which the question	98928
shall be submitted to the electors;	98929

(3) The amount, approximate date, estimated rate of interest,	98930
and maximum number of years over which the principal of the bonds	98931
may be paid;	98932

(4) The necessity of levying a tax outside the ten-mill	98933
limitation to pay debt charges on the bonds and any anticipatory	98934
securities.	98935

On adoption of the resolution, the board shall certify a copy	98936
of it to the county auditor. The county auditor promptly shall	98937
estimate and certify to the board the average annual property tax	98938
rate required throughout the stated maturity of the bonds to pay	98939
debt charges on the bonds, in the same manner as under division	98940
(C) of section 133.18 of the Revised Code.	98941

(B) After receiving the county auditor's certification under	98942
division (A) of this section, the board of education of the city,	98943
local, or exempted village school district, by a vote of	98944
two-thirds of all its members, may declare by resolution that the	98945
amount of taxes that can be raised within the ten-mill limitation	98946
will be insufficient to provide an adequate amount for the present	98947
and future requirements of the school district; that it is	98948
necessary to issue general obligation bonds of the school district	98949
for permanent improvements and to levy an additional tax in excess	98950
of the ten-mill limitation to pay debt charges on the bonds and	98951
any anticipatory securities; that it is necessary for a specified	98952
number of years or for a continuing period of time to levy	98953
additional taxes in excess of the ten-mill limitation to provide	98954
funds for the acquisition, construction, enlargement, renovation,	98955
and financing of permanent improvements or to pay for current	98956
operating expenses, or both; and that the question of the bonds	98957
and taxes shall be submitted to the electors of the school	98958
district at a special election, which shall not be earlier than	98959
ninety days after certification of the resolution to the board of	98960
elections, and the date of which shall be consistent with section	98961
3501.01 of the Revised Code. The resolution shall specify all of	98962
the following:	98963

(1) The county auditor's estimate of the average annual	98964
property tax rate required throughout the stated maturity of the	98965
bonds to pay debt charges on the bonds;	98966

(2) The proposed rate of the tax, if any, for current	98967
operating expenses, the first year the tax will be levied, and the	98968
number of years it will be levied, or that it will be levied for a	98969
continuing period of time;	98970

(3) The proposed rate of the tax, if any, for permanent	98971
improvements, the first year the tax will be levied, and the	98972
number of years it will be levied, or that it will be levied for a	98973
continuing period of time.	98974

The resolution shall apportion the annual rate of the tax	98975
between current operating expenses and permanent improvements, if	98976
both taxes are proposed. The apportionment may but need not be the	98977
same for each year of the tax, but the respective portions of the	98978
rate actually levied each year for current operating expenses and	98979
permanent improvements shall be limited by the apportionment. The	98980
resolution shall go into immediate effect upon its passage, and no	98981
publication of it is necessary other than that provided in the	98982
notice of election. The board of education shall certify a copy of	98983
the resolution, along with copies of the auditor's estimate and	98984
its resolution under division (A) of this section, to the board of	98985
elections immediately after its adoption.	98986

(C) The board of elections shall make the arrangements for	98987
the submission of the question to the electors of the school	98988
district, and the election shall be conducted, canvassed, and	98989
certified in the same manner as regular elections in the district	98990
for the election of county officers. The resolution shall be put	98991
before the electors as one ballot question, with a favorable vote	98992
indicating approval of the bond issue, the levy to pay debt	98993
charges on the bonds and any anticipatory securities, the current	98994
operating expenses levy, and the permanent improvements levy, if	98995
either or both levies are proposed. The board of elections shall	98996
publish notice of the election in ~~one or more newspapers~~a	98997
newspaper of general circulation in the school district once a	98998
week for two consecutive weeks, or as provided in section 7.16 of	98999
the Revised Code, prior to the election~~, and, if~~. If a board of	99000
elections operates and maintains a web site, that board also shall	99001
post notice of the election on its web site for thirty days prior	99002
to the election. The notice of election shall state all of the	99003
following:	99004

(1) The principal amount of the proposed bond issue;

99005

(2) The permanent improvements for which the bonds are to be	99006
issued;	99007

(3) The maximum number of years over which the principal of	99008
the bonds may be paid;	99009

(4) The estimated additional average annual property tax rate	99010
to pay the debt charges on the bonds, as certified by the county	99011
auditor;	99012

(5) The proposed rate of the additional tax, if any, for	99013
current operating expenses;	99014

(6) The number of years the current operating expenses tax	99015
will be in effect, or that it will be in effect for a continuing	99016
period of time;	99017

(7) The proposed rate of the additional tax, if any, for	99018
permanent improvements;	99019

(8) The number of years the permanent improvements tax will	99020
be in effect, or that it will be in effect for a continuing period	99021
of time;	99022

(9) The time and place of the special election.

99023

(D) The form of the ballot for an election under this section	99024
is as follows:	99025

"Shall the .......... school district be authorized to do the	99026
following:	99027

(1) Issue bonds for the purpose of .......... in the	99028
principal amount of $......, to be repaid annually over a maximum	99029
period of ...... years, and levy a property tax outside the	99030
ten-mill limitation, estimated by the county auditor to average	99031
over the bond repayment period ...... mills for each one dollar of	99032
tax valuation, which amounts to ...... (rate expressed in cents or	99033
dollars and cents, such as "36 cents" or "$1.41") for each $100 of	99034
tax valuation, to pay the annual debt charges on the bonds, and to	99035
pay debt charges on any notes issued in anticipation of those	99036
bonds?"	99037

If either a levy for permanent improvements or a levy for	99038
current operating expenses is proposed, or both are proposed, the	99039
ballot also shall contain the following language, as appropriate:	99040

"(2) Levy an additional property tax to provide funds for the	99041
acquisition, construction, enlargement, renovation, and financing	99042
of permanent improvements at a rate not exceeding ....... mills	99043
for each one dollar of tax valuation, which amounts to .......	99044
(rate expressed in cents or dollars and cents) for each $100 of	99045
tax valuation, for ...... (number of years of the levy, or a	99046
continuing period of time)?	99047

(3) Levy an additional property tax to pay current operating	99048
expenses at a rate not exceeding ....... mills for each one dollar	99049
of tax valuation, which amounts to ....... (rate expressed in	99050
cents or dollars and cents) for each $100 of tax valuation, for	99051
....... (number of years of the levy, or a continuing period of	99052
time)?	99053

99054

		FOR THE BOND ISSUE AND LEVY (OR LEVIES)			99055
		AGAINST THE BOND ISSUE AND LEVY (OR LEVIES)	"		99056

99057

(E) The board of elections promptly shall certify the results	99058
of the election to the tax commissioner and the county auditor of	99059
the county in which the school district is located. If a majority	99060
of the electors voting on the question vote for it, the board of	99061
education may proceed with issuance of the bonds and with the levy	99062
and collection of the property tax or taxes at the additional rate	99063
or any lesser rate in excess of the ten-mill limitation. Any	99064
securities issued by the board of education under this section are	99065
Chapter 133. securities, as that term is defined in section 133.01	99066
of the Revised Code.	99067

(F)(1) After the approval of a tax for current operating	99068
expenses under this section and prior to the time the first	99069
collection and distribution from the levy can be made, the board	99070
of education may anticipate a fraction of the proceeds of such	99071
levy and issue anticipation notes in a principal amount not	99072
exceeding fifty per cent of the total estimated proceeds of the	99073
tax to be collected during the first year of the levy.	99074

(2) After the approval of a tax under this section for	99075
permanent improvements having a specific purpose, the board of	99076
education may anticipate a fraction of the proceeds of such tax	99077
and issue anticipation notes in a principal amount not exceeding	99078
fifty per cent of the total estimated proceeds of the tax	99079
remaining to be collected in each year over a period of five years	99080
after issuance of the notes.	99081

(3) After the approval of a tax for general, on-going	99082
permanent improvements under this section, the board of education	99083
may anticipate a fraction of the proceeds of such tax and issue	99084
anticipation notes in a principal amount not exceeding fifty per	99085
cent of the total estimated proceeds of the tax to be collected in	99086
each year over a specified period of years, not exceeding ten,	99087
after issuance of the notes.	99088

Anticipation notes under this section shall be issued as	99089
provided in section 133.24 of the Revised Code. Notes issued under	99090
division (F)(1) or (2) of this section shall have principal	99091
payments during each year after the year of their issuance over a	99092
period not to exceed five years, and may have a principal payment	99093
in the year of their issuance. Notes issued under division (F)(3)	99094
of this section shall have principal payments during each year	99095
after the year of their issuance over a period not to exceed ten	99096
years, and may have a principal payment in the year of their	99097
issuance.	99098

(G) A tax for current operating expenses or for permanent	99099
improvements levied under this section for a specified number of	99100
years may be renewed or replaced in the same manner as a tax for	99101
current operating expenses or for permanent improvements levied	99102
under section 5705.21 of the Revised Code. A tax for current	99103
operating expenses or for permanent improvements levied under this	99104
section for a continuing period of time may be decreased in	99105
accordance with section 5705.261 of the Revised Code.	99106

(H) The submission of a question to the electors under this	99107
section is subject to the limitation on the number of elections	99108
that can be held in a year under section 5705.214 of the Revised	99109
Code.	99110

(I) A school district board of education proposing a ballot	99111
measure under this section to generate local resources for a	99112
project under the school building assistance expedited local	99113
partnership program under section 3318.36 of the Revised Code may	99114
combine the questions under division (D) of this section with a	99115
question for the levy of a property tax to generate moneys for	99116
maintenance of the classroom facilities acquired under that	99117
project as prescribed in section 3318.361 of the Revised Code.	99118

Sec. 5705.25. (A) A copy of any resolution adopted as	99119
provided in section 5705.19 or 5705.2111 of the Revised Code shall	99120
be certified by the taxing authority to the board of elections of	99121
the proper county not less than ninety days before the general	99122
election in any year, and the board shall submit the proposal to	99123
the electors of the subdivision at the succeeding November	99124
election. Except as otherwise provided in this division, a	99125
resolution to renew an existing levy, regardless of the section of	99126
the Revised Code under which the tax was imposed, shall not be	99127
placed on the ballot unless the question is submitted at the	99128
general election held during the last year the tax to be renewed	99129
or replaced may be extended on the real and public utility	99130
property tax list and duplicate, or at any election held in the	99131
ensuing year. The limitation of the foregoing sentence does not	99132
apply to a resolution to renew and increase or to renew part of an	99133
existing levy that was imposed under section 5705.191 of the	99134
Revised Code to supplement the general fund for the purpose of	99135
making appropriations for one or more of the following purposes:	99136
for public assistance, human or social services, relief, welfare,	99137
hospitalization, health, and support of general hospitals. The	99138
limitation of the second preceding sentence also does not apply to	99139
a resolution that proposes to renew two or more existing levies	99140
imposed under section 5705.21 of the Revised Code, in which case	99141
the question shall be submitted on the date of the general or	99142
primary election held during the last year at least one of the	99143
levies to be renewed may be extended on the real and public	99144
utility property tax list and duplicate, or at any election held	99145
during the ensuing year. For purposes of this section, a levy	99146
shall be considered to be an "existing levy" through the year	99147
following the last year it can be placed on that tax list and	99148
duplicate.	99149

The board shall make the necessary arrangements for the	99150
submission of such questions to the electors of such subdivision,	99151
and the election shall be conducted, canvassed, and certified in	99152
the same manner as regular elections in such subdivision for the	99153
election of county officers. Notice of the election shall be	99154
published in a newspaper of general circulation in the subdivision	99155
once a week for two consecutive weeks, or as provided in section	99156
7.16 of the Revised Code, prior to the election~~, and, if~~. If the	99157
board of elections operates and maintains a web site, the board of	99158
elections shall post notice of the election on its web site for	99159
thirty days prior to the election. The notice shall state the	99160
purpose, the proposed increase in rate expressed in dollars and	99161
cents for each one hundred dollars of valuation as well as in	99162
mills for each one dollar of valuation, the number of years during	99163
which the increase will be in effect, the first month and year in	99164
which the tax will be levied, and the time and place of the	99165
election.	99166

(B) The form of the ballots cast at an election held pursuant	99167
to division (A) of this section shall be as follows:	99168

"An additional tax for the benefit of (name of subdivision or	99169
public library) .......... for the purpose of (purpose stated in	99170
the resolution) .......... at a rate not exceeding ...... mills	99171
for each one dollar of valuation, which amounts to (rate expressed	99172
in dollars and cents) ............ for each one hundred dollars of	99173
valuation, for ...... (life of indebtedness or number of years the	99174
levy is to run).	99175

99176

		For the Tax Levy			99177
		Against the Tax Levy	"		99178

99179

(C) If the levy is to be in effect for a continuing period of	99180
time, the notice of election and the form of ballot shall so state	99181
instead of setting forth a specified number of years for the levy.	99182

If the tax is to be placed on the current tax list, the form	99183
of the ballot shall be modified by adding, after the statement of	99184
the number of years the levy is to run, the phrase ", commencing	99185
in .......... (first year the tax is to be levied), first due in	99186
calendar year .......... (first calendar year in which the tax	99187
shall be due)."	99188

If the levy submitted is a proposal to renew, increase, or	99189
decrease an existing levy, the form of the ballot specified in	99190
division (B) of this section may be changed by substituting for	99191
the words "An additional" at the beginning of the form, the words	99192
"A renewal of a" in case of a proposal to renew an existing levy	99193
in the same amount; the words "A renewal of ........ mills and an	99194
increase of ...... mills to constitute a" in the case of an	99195
increase; or the words "A renewal of part of an existing levy,	99196
being a reduction of ...... mills, to constitute a" in the case of	99197
a decrease in the proposed levy.	99198

If the levy submitted is a proposal to renew two or more	99199
existing levies imposed under section 5705.21 of the Revised Code,	99200
the form of the ballot specified in division (B) of this section	99201
shall be modified by substituting for the words "an additional	99202
tax" the words "a renewal of ....(insert the number of levies to	99203
be renewed) existing taxes."	99204

The question covered by such resolution shall be submitted as	99205
a separate proposition but may be printed on the same ballot with	99206
any other proposition submitted at the same election, other than	99207
the election of officers. More than one such question may be	99208
submitted at the same election.	99209

(D) A levy voted in excess of the ten-mill limitation under	99210
this section shall be certified to the tax commissioner. In the	99211
first year of the levy, it shall be extended on the tax lists	99212
after the February settlement succeeding the election. If the	99213
additional tax is to be placed upon the tax list of the current	99214
year, as specified in the resolution providing for its submission,	99215
the result of the election shall be certified immediately after	99216
the canvass by the board of elections to the taxing authority, who	99217
shall make the necessary levy and certify it to the county	99218
auditor, who shall extend it on the tax lists for collection.	99219
After the first year, the tax levy shall be included in the annual	99220
tax budget that is certified to the county budget commission.	99221

Sec. 5705.251. (A) A copy of a resolution adopted under	99222
section 5705.212 or 5705.213 of the Revised Code shall be	99223
certified by the board of education to the board of elections of	99224
the proper county not less than ninety days before the date of the	99225
election specified in the resolution, and the board of elections	99226
shall submit the proposal to the electors of the school district	99227
at a special election to be held on that date. The board of	99228
elections shall make the necessary arrangements for the submission	99229
of the question or questions to the electors of the school	99230
district, and the election shall be conducted, canvassed, and	99231
certified in the same manner as regular elections in the school	99232
district for the election of county officers. Notice of the	99233
election shall be published in a newspaper of general circulation	99234
in the subdivision once a week for two consecutive weeks, or as	99235
provided in section 7.16 of the Revised Code, prior to the	99236
election~~, and, if~~. If the board of elections operates and	99237
maintains a web site, the board of elections shall post notice of	99238
the election on its web site for thirty days prior to the	99239
election.	99240

(1) In the case of a resolution adopted under section	99241
5705.212 of the Revised Code, the notice shall state separately,	99242
for each tax being proposed, the purpose; the proposed increase in	99243
rate, expressed in dollars and cents for each one hundred dollars	99244
of valuation as well as in mills for each one dollar of valuation;	99245
the number of years during which the increase will be in effect;	99246
and the first calendar year in which the tax will be due. For an	99247
election on the question of a renewal levy, the notice shall state	99248
the purpose; the proposed rate, expressed in dollars and cents for	99249
each one hundred dollars of valuation as well as in mills for each	99250
one dollar of valuation; and the number of years the tax will be	99251
in effect.	99252

(2) In the case of a resolution adopted under section	99253
5705.213 of the Revised Code, the notice shall state the purpose;	99254
the amount proposed to be raised by the tax in the first year it	99255
is levied; the estimated average additional tax rate for the first	99256
year it is proposed to be levied, expressed in mills for each one	99257
dollar of valuation and in dollars and cents for each one hundred	99258
dollars of valuation; the number of years during which the	99259
increase will be in effect; and the first calendar year in which	99260
the tax will be due. The notice also shall state the amount by	99261
which the amount to be raised by the tax may be increased in each	99262
year after the first year. The amount of the allowable increase	99263
may be expressed in terms of a dollar increase over, or a	99264
percentage of, the amount raised by the tax in the immediately	99265
preceding year. For an election on the question of a renewal levy,	99266
the notice shall state the purpose; the amount proposed to be	99267
raised by the tax; the estimated tax rate, expressed in mills for	99268
each one dollar of valuation and in dollars and cents for each one	99269
hundred dollars of valuation; and the number of years the tax will	99270
be in effect.	99271

In any case, the notice also shall state the time and place	99272
of the election.	99273

(B) The form of the ballot in an election on taxes proposed	99274
under section 5705.212 of the Revised Code shall be as follows:	99275

"Shall the .......... school district be authorized to levy	99276
taxes for current expenses, the aggregate rate of which may	99277
increase in ...... (number) increment(s) of not more than ......	99278
mill(s) for each dollar of valuation, from an original rate of	99279
...... mill(s) for each dollar of valuation, which amounts to	99280
...... (rate expressed in dollars and cents) for each one hundred	99281
dollars of valuation, to a maximum rate of ...... mill(s) for each	99282
dollar of valuation, which amounts to ...... (rate expressed in	99283
dollars and cents) for each one hundred dollars of valuation? The	99284
original tax is first proposed to be levied in ...... (the first	99285
year of the tax), and the incremental tax in ...... (the first	99286
year of the increment) (if more than one incremental tax is	99287
proposed in the resolution, the first year that each incremental	99288
tax is proposed to be levied shall be stated in the preceding	99289
format, and the increments shall be referred to as the first,	99290
second, third, or fourth increment, depending on their number).	99291
The aggregate rate of tax so authorized will .......... (insert	99292
either, "expire with the original rate of tax which shall be in	99293
effect for ...... years" or "be in effect for a continuing period	99294
of time").	99295

99296

		FOR THE TAX LEVIES			99297
		AGAINST THE TAX LEVIES	"		99298

99299

The form of the ballot in an election on the question of a	99300
renewal levy under section 5705.212 of the Revised Code shall be	99301
as follows:	99302

"Shall the ......... school district be authorized to renew a	99303
tax for current expenses at a rate not exceeding ......... mills	99304
for each dollar of valuation, which amounts to ......... (rate	99305
expressed in dollars and cents) for each one hundred dollars of	99306
valuation, for .......... (number of years the levy shall be in	99307
effect, or a continuing period of time)?	99308

99309

		FOR THE TAX LEVY			99310
		AGAINST THE TAX LEVY	"		99311

99312

If the tax is to be placed on the current tax list, the form	99313
of the ballot shall be modified by adding, after the statement of	99314
the number of years the levy is to be in effect, the phrase ",	99315
commencing in .......... (first year the tax is to be levied),	99316
first due in calendar year .......... (first calendar year in	99317
which the tax shall be due)."	99318

(C) The form of the ballot in an election on a tax proposed	99319
under section 5705.213 of the Revised Code shall be as follows:	99320

"Shall the ........ school district be authorized to levy the	99321
following tax for current expenses? The tax will first be levied	99322
in ...... (year) to raise ...... (dollars). In the ...... (number	99323
of years) following years, the tax will increase by not more than	99324
...... (per cent or dollar amount of increase) each year, so that,	99325
during ...... (last year of the tax), the tax will raise	99326
approximately ...... (dollars). The county auditor estimates that	99327
the rate of the tax per dollar of valuation will be ......	99328
mill(s), which amounts to $..... per one hundred dollars of	99329
valuation, both during ...... (first year of the tax) and ......	99330
mill(s), which amounts to $...... per one hundred dollars of	99331
valuation, during ...... (last year of the tax). The tax will not	99332
be levied after ...... (year).	99333

99334

		FOR THE TAX LEVY			99335
		AGAINST THE TAX LEVY	"		99336

99337

The form of the ballot in an election on the question of a	99338
renewal levy under section 5705.213 of the Revised Code shall be	99339
as follows:	99340

"Shall the ......... school district be authorized to renew a	99341
tax for current expenses which will raise ......... (dollars),	99342
estimated by the county auditor to be ......... mills for each	99343
dollar of valuation, which amounts to ......... (rate expressed in	99344
dollars and cents) for each one hundred dollars of valuation? The	99345
tax shall be in effect for ......... (the number of years the levy	99346
shall be in effect, or a continuing period of time).	99347

99348

		FOR THE TAX LEVY			99349
		AGAINST THE TAX LEVY	"		99350

99351

If the tax is to be placed on the current tax list, the form	99352
of the ballot shall be modified by adding, after the statement of	99353
the number of years the levy is to be in effect, the phrase ",	99354
commencing in .......... (first year the tax is to be levied),	99355
first due in calendar year .......... (first calendar year in	99356
which the tax shall be due)."	99357

(D) The question covered by a resolution adopted under	99358
section 5705.212 or 5705.213 of the Revised Code shall be	99359
submitted as a separate question, but may be printed on the same	99360
ballot with any other question submitted at the same election,	99361
other than the election of officers. More than one question may be	99362
submitted at the same election.	99363

(E) Taxes voted in excess of the ten-mill limitation under	99364
division (B) or (C) of this section shall be certified to the tax	99365
commissioner. If an additional tax is to be placed upon the tax	99366
list of the current year, as specified in the resolution providing	99367
for its submission, the result of the election shall be certified	99368
immediately after the canvass by the board of elections to the	99369
board of education. The board of education immediately shall make	99370
the necessary levy and certify it to the county auditor, who shall	99371
extend it on the tax list for collection. After the first year,	99372
the levy shall be included in the annual tax budget that is	99373
certified to the county budget commission.	99374

Sec. 5705.261. The question of decrease of an increased rate	99375
of levy approved for a continuing period of time by the voters of	99376
a subdivision may be initiated by the filing of a petition with	99377
the board of elections of the proper county not less than ninety	99378
days before the general election in any year requesting that an	99379
election be held on such question. Such petition shall state the	99380
amount of the proposed decrease in the rate of levy and shall be	99381
signed by qualified electors residing in the subdivision equal in	99382
number to at least ten per cent of the total number of votes cast	99383
in the subdivision for the office of governor at the most recent	99384
general election for that office. Only one such petition may be	99385
filed during each five-year period following the election at which	99386
the voters approved the increased rate for a continuing period of	99387
time.	99388

After determination by it that such petition is valid, the	99389
board of elections shall submit the question to the electors of	99390
the district at the succeeding general election. The election	99391
shall be conducted, canvassed, and certified in the same manner as	99392
regular elections in such subdivision for county offices. Notice	99393
of the election shall be published in a newspaper of general	99394
circulation in the district once a week for two consecutive weeks,	99395
or as provided in section 7.16 of the Revised Code, prior to the	99396
election~~, and, if~~. If the board of elections operates and	99397
maintains a web site, the board of elections shall post notice of	99398
the election on its web site for thirty days prior to the	99399
election. The notice shall state the purpose, the amount of the	99400
proposed decrease in rate, and the time and place of the election.	99401
The form of the ballot cast at such election shall be prescribed	99402
by the secretary of state. The question covered by such petition	99403
shall be submitted as a separate proposition but it may be printed	99404
on the same ballot with any other propositions submitted at the	99405
same election other than the election of officers. If a majority	99406
of the qualified electors voting on the question of a decrease at	99407
such election approve the proposed decrease in rate, the result of	99408
the election shall be certified immediately after the canvass by	99409
the board of elections to the subdivision's taxing authority,	99410
which shall thereupon, after the current year, cease to levy such	99411
increased rate or levy such tax at such reduced rate upon the	99412
duplicate of the subdivision. If notes have been issued in	99413
anticipation of the collection of such levy, the taxing authority	99414
shall continue to levy and collect under authority of the election	99415
authorizing the original levy such amounts as will be sufficient	99416
to pay the principal of and interest on such anticipation notes as	99417
the same fall due.	99418

Sec. 5705.314. If the board of education of a city, local,	99419
or exempted village school district proposes to change its levy	99420
within the ten-mill limitation in a manner that will result in an	99421
increase in the amount of real property taxes levied by the board	99422
in the tax year the change takes effect, the board shall hold a	99423
public hearing solely on the proposal before adopting a resolution	99424
to implement the proposal. The board shall publish notice of the	99425
hearing in a newspaper of general circulation in the school	99426
district once a week for two consecutive weeks or as provided in	99427
section 7.16 of the Revised Code. The second publication shall be	99428
not less than ten nor more than thirty days before the date of the	99429
hearing~~. The~~, and the notice shall include the date, time, place,	99430
and subject of the hearing, and a statement that the change	99431
proposed by the board may result in an increase in the amount of	99432
real property taxes levied by the board. At the time the board	99433
submits the notice for publication, the board shall send a copy of	99434
the notice to the auditor of the county where the school district	99435
is located or, if the school district is located in more than one	99436
county, to the auditor of each of those counties.	99437

Sec. 5705.392. (A) A board of county commissioners may adopt	99438
as a part of its annual appropriation measure a spending plan, or	99439
in the case of an amended appropriation measure, an amended	99440
spending plan, setting forth a quarterly schedule of expenses and	99441
expenditures of all appropriations for the fiscal year from the	99442
county general fund. The spending plan shall be classified to set	99443
forth separately a quarterly schedule of expenses and expenditures	99444
for each office, department, and division, and within each, the	99445
amount appropriated for personal services. Each office,	99446
department, and division shall be limited in its expenses and	99447
expenditures of moneys appropriated from the general fund during	99448
any quarter by the schedule established in the spending plan. The	99449
schedule established in the spending plan shall serve as a	99450
limitation during a quarter on the making of contracts and giving	99451
of orders involving the expenditure of money during that quarter	99452
for purposes of division (D) of section 5705.41 of the Revised	99453
Code.	99454

(B)(1) A board of county commissioners, by resolution, may	99455
adopt a spending plan or an amended spending plan setting forth	99456
separately a quarterly schedule of expenses and expenditures of	99457
appropriations from any county fund, for the second half of a	99458
fiscal year and any subsequent fiscal year, for any county office,	99459
department, or division that has spent or encumbered more than	99460
six-tenths of the amount appropriated for personal services and	99461
payrolls during the first half of any fiscal year.	99462

(2) During any fiscal year, a board of county commissioners,	99463
by resolution, may adopt a spending plan or an amended spending	99464
plan setting forth separately a quarterly schedule of expenses and	99465
expenditures of appropriations from any county fund, for any	99466
county office, department, or division that, during the previous	99467
fiscal year, spent one hundred five per cent or more of the total	99468
amount appropriated by the board in its annual appropriation	99469
measure required by section 5705.38 of the Revised Code. The	99470
spending plan or amended spending plan shall remain in effect	99471
three fiscal years, or until the county officer of the office for	99472
which the plan was adopted is no longer in office, including terms	99473
of office to which the county officer is re-elected, whichever is	99474
later.	99475

(3) At least thirty days before adopting a resolution under	99476
division (B)(1) or (2) of this section, the board of county	99477
commissioners shall provide written notice to each county office,	99478
department, or division for which it intends to adopt a spending	99479
plan or an amended spending plan. The notice shall be sent by	99480
regular first class mail or provided by personal service, and	99481
shall include a copy of the proposed spending plan or proposed	99482
amended spending plan. The county office, department, or division	99483
may meet with the board at any regular session of the board to	99484
comment on the notice, or to express concerns or ask questions	99485
about the proposed spending plan or proposed amended spending	99486
plan.	99487

Sec. 5705.412. (A) As used in this section, "qualifying	99488
contract" means any agreement for the expenditure of money under	99489
which aggregate payments from the funds included in the school	99490
district's five-year forecast under section 5705.391 of the	99491
Revised Code will exceed the lesser of the following amounts:	99492

(1) Five hundred thousand dollars;

99493

(2) One per cent of the total revenue to be credited in the	99494
current fiscal year to the district's general fund, as specified	99495
in the district's most recent certificate of estimated resources	99496
certified under section 5705.36 of the Revised Code.	99497

(B)(1) Notwithstanding section 5705.41 of the Revised Code,	99498
no school district shall adopt any appropriation measure, make any	99499
qualifying contract, or increase during any school year any wage	99500
or salary schedule unless there is attached thereto a certificate,	99501
signed as required by this section, that the school district has	99502
in effect the authorization to levy taxes including the renewal or	99503
replacement of existing levies which, when combined with the	99504
estimated revenue from all other sources available to the district	99505
at the time of certification, are sufficient to provide the	99506
operating revenues necessary to enable the district to maintain	99507
all personnel and programs for all the days set forth in its	99508
adopted school calendars for the current fiscal year and for a	99509
number of days in succeeding fiscal years equal to the number of	99510
days instruction was held or is scheduled for the current fiscal	99511
year, as follows:	99512

~~(1)~~(a) A certificate attached to an appropriation measure	99513
under this section shall cover only the fiscal year in which the	99514
appropriation measure is effective and shall not consider the	99515
renewal or replacement of an existing levy as the authority to	99516
levy taxes that are subject to appropriation in the current fiscal	99517
year unless the renewal or replacement levy has been approved by	99518
the electors and is subject to appropriation in the current fiscal	99519
year.	99520

~~(2)~~(b) A certificate attached, in accordance with this	99521
section, to any qualifying contract shall cover the term of the	99522
contract.	99523

~~(3)~~(c) A certificate attached under this section to a wage or	99524
salary schedule shall cover the term of the schedule.	99525

If the board of education has not adopted a school calendar	99526
for the school year beginning on the first day of the fiscal year	99527
in which a certificate is required, the certificate attached to an	99528
appropriation measure shall include the number of days on which	99529
instruction was held in the preceding fiscal year and other	99530
certificates required under this section shall include that number	99531
of days for the fiscal year in which the certificate is required	99532
and any succeeding fiscal years that the certificate must cover.	99533

The certificate shall be signed by the treasurer and	99534
president of the board of education and the superintendent of the	99535
school district, unless the district is in a state of fiscal	99536
emergency declared under Chapter 3316. of the Revised Code. In	99537
that case, the certificate shall be signed by a member of the	99538
district's financial planning and supervision commission who is	99539
designated by the commission for this purpose.	99540

(2) In lieu of the certificate required under division (B) of	99541
this section, an alternative certificate stating the following may	99542
be attached:	99543

(a) The contract is a multi-year contract for materials,	99544
equipment, or nonpayroll services essential to the education	99545
program of the district;	99546

(b) The multi-year contract demonstrates savings over the	99547
duration of the contract as compared to costs that otherwise would	99548
have been demonstrated in a single year contract, and the terms	99549
will allow the district to reduce the deficit it is currently	99550
facing in future years as demonstrated in its five-year forecast	99551
adopted in accordance with section 5705.391 of the Revised Code.	99552

The certificate shall be signed by the treasurer and	99553
president of the board of education and the superintendent of the	99554
school district, unless the district is in a state of fiscal	99555
emergency declared under Chapter 3316. of the Revised Code. In	99556
that case, the certificate shall be signed by a member of the	99557
district's financial planning and supervision commission who is	99558
designated by the commission for this purpose.	99559

(C) Every qualifying contract made or wage or salary schedule	99560
adopted or put into effect without such a certificate shall be	99561
void, and no payment of any amount due thereon shall be made.	99562

(D) The department of education and the auditor of state	99563
jointly shall adopt rules governing the methods by which	99564
treasurers, presidents of boards of education, superintendents,	99565
and members of financial planning and supervision commissions	99566
shall estimate revenue and determine whether such revenue is	99567
sufficient to provide necessary operating revenue for the purpose	99568
of making certifications required by this section.	99569

(E) The auditor of state shall be responsible for determining	99570
whether school districts are in compliance with this section. At	99571
the time a school district is audited pursuant to section 117.11	99572
of the Revised Code, the auditor of state shall review each	99573
certificate issued under this section since the district's last	99574
audit, and the appropriation measure, contract, or wage and salary	99575
schedule to which such certificate was attached. If the auditor of	99576
state determines that a school district has not complied with this	99577
section with respect to any qualifying contract or wage or salary	99578
schedule, the auditor of state shall notify the prosecuting	99579
attorney for the county, the city director of law, or other chief	99580
law officer of the school district. That officer may file a civil	99581
action in any court of appropriate jurisdiction to seek a	99582
declaration that the contract or wage or salary schedule is void,	99583
to recover for the school district from the payee the amount of	99584
payments already made under it, or both, except that the officer	99585
shall not seek to recover payments made under any collective	99586
bargaining agreement entered into under Chapter 4117. of the	99587
Revised Code. If the officer does not file such an action within	99588
one hundred twenty days after receiving notice of noncompliance	99589
from the auditor of state, any taxpayer may institute the action	99590
in the taxpayer's own name on behalf of the school district.	99591

(F) This section does not apply to any contract or increase	99592
in any wage or salary schedule that is necessary in order to	99593
enable a board of education to comply with division (B) of section	99594
3317.13 of the Revised Code, provided the contract or increase	99595
does not exceed the amount required to be paid to be in compliance	99596
with such division.	99597

(G) Any officer, employee, or other person who expends or	99598
authorizes the expenditure of any public funds or authorizes or	99599
executes any contract or schedule contrary to this section,	99600
expends or authorizes the expenditure of any public funds on the	99601
void contract or schedule, or issues a certificate under this	99602
section which contains any false statements is liable to the	99603
school district for the full amount paid from the district's funds	99604
on the contract or schedule. The officer, employee, or other	99605
person is jointly and severally liable in person and upon any	99606
official bond that the officer, employee, or other person has	99607
given to the school district to the extent of any payments on the	99608
void claim, not to exceed ten thousand dollars. However, no	99609
officer, employee, or other person shall be liable for a mistaken	99610
estimate of available resources made in good faith and based upon	99611
reasonable grounds. If an officer, employee, or other person is	99612
found to have complied with rules jointly adopted by the	99613
department of education and the auditor of state under this	99614
section governing methods by which revenue shall be estimated and	99615
determined sufficient to provide necessary operating revenue for	99616
the purpose of making certifications required by this section, the	99617
officer, employee, or other person shall not be liable under this	99618
section if the estimates and determinations made according to	99619
those rules do not, in fact, conform with actual revenue. The	99620
prosecuting attorney of the county, the city director of law, or	99621
other chief law officer of the district shall enforce this	99622
liability by civil action brought in any court of appropriate	99623
jurisdiction in the name of and on behalf of the school district.	99624
If the prosecuting attorney, city director of law, or other chief	99625
law officer of the district fails, upon the written request of any	99626
taxpayer, to institute action for the enforcement of the	99627
liability, the attorney general, or the taxpayer in the taxpayer's	99628
own name, may institute the action on behalf of the subdivision.	99629

(H) This section does not require the attachment of an	99630
additional certificate beyond that required by section 5705.41 of	99631
the Revised Code for current payrolls of, or contracts of	99632
employment with, any employees or officers of the school district.	99633

This section does not require the attachment of a certificate	99634
to a temporary appropriation measure if all of the following	99635
apply:	99636

(1) The amount appropriated does not exceed twenty-five per	99637
cent of the total amount from all sources available for	99638
expenditure from any fund during the preceding fiscal year;	99639

(2) The measure will not be in effect on or after the	99640
thirtieth day following the earliest date on which the district	99641
may pass an annual appropriation measure;	99642

(3) An amended official certificate of estimated resources	99643
for the current year, if required, has not been certified to the	99644
board of education under division (B) of section 5705.36 of the	99645
Revised Code.	99646

Sec. 5705.71. (A) The electors of a county may initiate the	99647
question of a tax levy for support of senior citizens services or	99648
facilities by the filing of a petition with the board of elections	99649
of that county not less than ninety days before the date of any	99650
primary or general election requesting that an election be held on	99651
such question. The petition shall be signed by at least ten per	99652
cent of the qualified electors residing in the county and voting	99653
for the office of governor at the last general election.	99654

(B) The petition shall state the purpose for which the senior	99655
citizens tax levy is being proposed, shall specify the amount of	99656
the proposed increase in rate, the period of time during which the	99657
increase is to be in effect, and whether the levy is to be imposed	99658
in the current year. The number of years may be any number not	99659
exceeding five, except that when the additional rate is for the	99660
payment of debt charges the increased rate shall be for the life	99661
of the indebtedness.	99662

(C) After determination by it that such petition is valid,	99663
the board of elections shall submit the question to the electors	99664
of the county at the succeeding primary or general election.	99665

(D) The election shall be conducted, canvassed, and certified	99666
in the same manner as regular elections in such county for county	99667
offices. Notice of the election shall be published in a newspaper	99668
of general circulation in the county once a week for two	99669
consecutive weeks, or as provided in section 7.16 of the Revised	99670
Code, prior to the election~~, and, if~~. If the board of elections	99671
operates and maintains a web site, the board of elections shall	99672
post notice of the election on its web site for thirty days prior	99673
to the election. The notice shall state the purpose, the amount of	99674
the proposed increase in rate, and the time and place of the	99675
election.	99676

(E) The form of the ballot cast at such election shall be	99677
prescribed by the secretary of state. If the tax is to be placed	99678
on the tax list of the current tax year, the form of the ballot	99679
shall include a statement to that effect and shall indicate the	99680
first calendar year the tax will be due. The question covered by	99681
such petition shall be submitted as a separate proposition but it	99682
may be printed on the same ballot with any other propositions	99683
submitted at the same election other than the election of	99684
officers.	99685

(F) If a majority of electors voting on the question vote in	99686
favor of the levy, the board of county commissioners shall levy a	99687
tax, for the period and the purpose stated within the petition. If	99688
the tax is to be placed upon the tax list of the current year, as	99689
specified in the petition, the result of the election shall be	99690
certified immediately after the canvass by the board of elections	99691
to the board of county commissioners, which shall forthwith make	99692
the necessary levy and certify it to the county auditor, who shall	99693
extend it on the tax list for collection. After the first year,	99694
the tax levy shall be included in the annual tax budget that is	99695
certified to the county budget commission.	99696

Sec. 5707.031. As used in this section, "qualifying dealer	99697
in intangibles" ~~has the same meaning as "qualifying dealer" in~~	99698
~~section 5725.24 of the Revised Code~~means a dealer in intangibles	99699
that is a qualifying dealer in intangibles as defined in section	99700
5733.45 of the Revised Code or a member of a qualifying controlled	99701
group, as defined in section 5733.04 of the Revised Code, of which	99702
an insurance company also is a member on the first day of January	99703
of the year in and for which the tax imposed by section 5707.03 of	99704
the Revised Code is required to be paid by the dealer.	99705

Upon the issuance of a tax credit certificate by the Ohio	99706
venture capital authority under section 150.07 of the Revised	99707
Code, a refundable credit may be claimed against the tax imposed	99708
on a qualifying dealer in intangibles under section 5707.03 and	99709
Chapter 5725. of the Revised Code. The credit shall be claimed on	99710
a return due under section 5725.14 of the Revised Code after the	99711
certificate is issued by the authority.	99712

Sec. 5709.07. (A) The following property shall be exempt	99713
from taxation:	99714

(1) Public schoolhouses, the books and furniture in them, and	99715
the ground attached to them necessary for the proper occupancy,	99716
use, and enjoyment of the schoolhouses~~, and not leased or~~	99717
~~otherwise used with a view to profit~~;	99718

(2) Houses used exclusively for public worship, the books and	99719
furniture in them, and the ground attached to them that is not	99720
leased or otherwise used with a view to profit and that is	99721
necessary for their proper occupancy, use, and enjoyment;	99722

(3) Real property owned and operated by a church that is used	99723
primarily for church retreats or church camping, and that is not	99724
used as a permanent residence. Real property exempted under	99725
division (A)(3) of this section may be made available by the	99726
church on a limited basis to charitable and educational	99727
institutions if the property is not leased or otherwise made	99728
available with a view to profit.	99729

(4) Public colleges and academies and all buildings connected	99730
with them, and all lands connected with public institutions of	99731
learning, not used with a view to profit, including those	99732
buildings and lands that satisfy all of the following:	99733

(a) The buildings are used for housing for full-time students	99734
or housing-related facilities for students, faculty, or employees	99735
of a state university, or for other purposes related to the state	99736
university's educational purpose, and the lands are underneath the	99737
buildings or are used for common space, walkways, and green spaces	99738
for the state university's students, faculty, or employees. As	99739
used in this division, "housing-related facilities" includes both	99740
parking facilities related to the buildings and common buildings	99741
made available to students, faculty, or employees of a state	99742
university. The leasing of space in housing-related facilities	99743
shall not be considered an activity with a view to profit for	99744
purposes of division (A)(4) of this section.	99745

(b) The buildings and lands are supervised or otherwise under	99746
the control, directly or indirectly, of an organization that is	99747
exempt from federal income taxation under section 501(c)(3) of the	99748
Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C. 1, as	99749
amended, and the state university has entered into a qualifying	99750
joint use agreement with the organization that entitles the	99751
students, faculty, or employees of the state university to use the	99752
lands or buildings;	99753

(c) The state university has agreed, under the terms of the	99754
qualifying joint use agreement with the organization described in	99755
division (A)(4)(b) of this section, that the state university, to	99756
the extent applicable under the agreement, will make payments to	99757
the organization in amounts sufficient to maintain agreed-upon	99758
debt service coverage ratios on bonds related to the lands or	99759
buildings.	99760

(B) This section shall not extend to leasehold estates or	99761
real property held under the authority of a college or university	99762
of learning in this state; but leaseholds, or other estates or	99763
property, real or personal, the rents, issues, profits, and income	99764
of which is given to a municipal corporation, school district, or	99765
subdistrict in this state exclusively for the use, endowment, or	99766
support of schools for the free education of youth without charge	99767
shall be exempt from taxation as long as such property, or the	99768
rents, issues, profits, or income of the property is used and	99769
exclusively applied for the support of free education by such	99770
municipal corporation, district, or subdistrict. Division (B) of	99771
this section shall not apply with respect to buildings and lands	99772
that satisfy all of the requirements specified in divisions	99773
(A)(4)(a) to (c) of this section.	99774

(C) For purposes of this section, if the requirements	99775
specified in divisions (A)(4)(a) to (c) of this section are	99776
satisfied, the buildings and lands with respect to which exemption	99777
is claimed under division (A)(4) of this section shall be deemed	99778
to be used with reasonable certainty in furthering or carrying out	99779
the necessary objects and purposes of a state university.	99780

(D) As used in this section:

99781

(1) "Church" means a fellowship of believers, congregation,	99782
society, corporation, convention, or association that is formed	99783
primarily or exclusively for religious purposes and that is not	99784
formed for the private profit of any person.	99785

(2) "State university" has the same meaning as in section	99786
3345.011 of the Revised Code.	99787

(3) "Qualifying joint use agreement" means an agreement that	99788
satisfies all of the following:	99789

(a) The agreement was entered into before June 30, 2004;

99790

(b) The agreement is between a state university and an	99791
organization that is exempt from federal income taxation under	99792
section 501(c)(3) of the Internal Revenue Code of 1986, 100 Stat.	99793
2085, 26 U.S.C. 1, as amended; and	99794

(c) The state university that is a party to the agreement	99795
reported to the Ohio board of regents that the university	99796
maintained a headcount of at least twenty-five thousand students	99797
on its main campus during the academic school year that began in	99798
calendar year 2003 and ended in calendar year 2004.	99799

Sec. 5709.62. (A) In any municipal corporation that is	99800
defined by the United States office of management and budget as a	99801
principal city of a metropolitan statistical area, the legislative	99802
authority of the municipal corporation may designate one or more	99803
areas within its municipal corporation as proposed enterprise	99804
zones. Upon designating an area, the legislative authority shall	99805
petition the director of development for certification of the area	99806
as having the characteristics set forth in division (A)(1) of	99807
section 5709.61 of the Revised Code as amended by Substitute	99808
Senate Bill No. 19 of the 120th general assembly. Except as	99809
otherwise provided in division (E) of this section, on and after	99810
July 1, 1994, legislative authorities shall not enter into	99811
agreements under this section unless the legislative authority has	99812
petitioned the director and the director has certified the zone	99813
under this section as amended by that act; however, all agreements	99814
entered into under this section as it existed prior to July 1,	99815
1994, and the incentives granted under those agreements shall	99816
remain in effect for the period agreed to under those agreements.	99817
Within sixty days after receiving such a petition, the director	99818
shall determine whether the area has the characteristics set forth	99819
in division (A)(1) of section 5709.61 of the Revised Code, and	99820
shall forward the findings to the legislative authority of the	99821
municipal corporation. If the director certifies the area as	99822
having those characteristics, and thereby certifies it as a zone,	99823
the legislative authority may enter into an agreement with an	99824
enterprise under division (C) of this section.	99825

(B) Any enterprise that wishes to enter into an agreement	99826
with a municipal corporation under division (C) of this section	99827
shall submit a proposal to the legislative authority of the	99828
municipal corporation on a form prescribed by the director of	99829
development, together with the application fee established under	99830
section 5709.68 of the Revised Code. The form shall require the	99831
following information:	99832

(1) An estimate of the number of new employees whom the	99833
enterprise intends to hire, or of the number of employees whom the	99834
enterprise intends to retain, within the zone at a facility that	99835
is a project site, and an estimate of the amount of payroll of the	99836
enterprise attributable to these employees;	99837

(2) An estimate of the amount to be invested by the	99838
enterprise to establish, expand, renovate, or occupy a facility,	99839
including investment in new buildings, additions or improvements	99840
to existing buildings, machinery, equipment, furniture, fixtures,	99841
and inventory;	99842

(3) A listing of the enterprise's current investment, if any,	99843
in a facility as of the date of the proposal's submission.	99844

The enterprise shall review and update the listings required	99845
under this division to reflect material changes, and any agreement	99846
entered into under division (C) of this section shall set forth	99847
final estimates and listings as of the time the agreement is	99848
entered into. The legislative authority may, on a separate form	99849
and at any time, require any additional information necessary to	99850
determine whether an enterprise is in compliance with an agreement	99851
and to collect the information required to be reported under	99852
section 5709.68 of the Revised Code.	99853

(C) Upon receipt and investigation of a proposal under	99854
division (B) of this section, if the legislative authority finds	99855
that the enterprise submitting the proposal is qualified by	99856
financial responsibility and business experience to create and	99857
preserve employment opportunities in the zone and improve the	99858
economic climate of the municipal corporation, the legislative	99859
authority, on or before October 15, ~~2011~~2012, may do one of the	99860
following:	99861

(1) Enter into an agreement with the enterprise under which	99862
the enterprise agrees to establish, expand, renovate, or occupy a	99863
facility and hire new employees, or preserve employment	99864
opportunities for existing employees, in return for one or more of	99865
the following incentives:	99866

(a) Exemption for a specified number of years, not to exceed	99867
fifteen, of a specified portion, up to seventy-five per cent, of	99868
the assessed value of tangible personal property first used in	99869
business at the project site as a result of the agreement. If an	99870
exemption for inventory is specifically granted in the agreement	99871
pursuant to this division, the exemption applies to inventory	99872
required to be listed pursuant to sections 5711.15 and 5711.16 of	99873
the Revised Code, except that, in the instance of an expansion or	99874
other situations in which an enterprise was in business at the	99875
facility prior to the establishment of the zone, the inventory	99876
that is exempt is that amount or value of inventory in excess of	99877
the amount or value of inventory required to be listed in the	99878
personal property tax return of the enterprise in the return for	99879
the tax year in which the agreement is entered into.	99880

(b) Exemption for a specified number of years, not to exceed	99881
fifteen, of a specified portion, up to seventy-five per cent, of	99882
the increase in the assessed valuation of real property	99883
constituting the project site subsequent to formal approval of the	99884
agreement by the legislative authority;	99885

(c) Provision for a specified number of years, not to exceed	99886
fifteen, of any optional services or assistance that the municipal	99887
corporation is authorized to provide with regard to the project	99888
site.	99889

(2) Enter into an agreement under which the enterprise agrees	99890
to remediate an environmentally contaminated facility, to spend an	99891
amount equal to at least two hundred fifty per cent of the true	99892
value in money of the real property of the facility prior to	99893
remediation as determined for the purposes of property taxation to	99894
establish, expand, renovate, or occupy the remediated facility,	99895
and to hire new employees or preserve employment opportunities for	99896
existing employees at the remediated facility, in return for one	99897
or more of the following incentives:	99898

(a) Exemption for a specified number of years, not to exceed	99899
fifteen, of a specified portion, not to exceed fifty per cent, of	99900
the assessed valuation of the real property of the facility prior	99901
to remediation;	99902

(b) Exemption for a specified number of years, not to exceed	99903
fifteen, of a specified portion, not to exceed one hundred per	99904
cent, of the increase in the assessed valuation of the real	99905
property of the facility during or after remediation;	99906

(c) The incentive under division (C)(1)(a) of this section,	99907
except that the percentage of the assessed value of such property	99908
exempted from taxation shall not exceed one hundred per cent;	99909

(d) The incentive under division (C)(1)(c) of this section.

99910

(3) Enter into an agreement with an enterprise that plans to	99911
purchase and operate a large manufacturing facility that has	99912
ceased operation or announced its intention to cease operation, in	99913
return for exemption for a specified number of years, not to	99914
exceed fifteen, of a specified portion, up to one hundred per	99915
cent, of the assessed value of tangible personal property used in	99916
business at the project site as a result of the agreement, or of	99917
the assessed valuation of real property constituting the project	99918
site, or both.	99919

(D)(1) Notwithstanding divisions (C)(1)(a) and (b) of this	99920
section, the portion of the assessed value of tangible personal	99921
property or of the increase in the assessed valuation of real	99922
property exempted from taxation under those divisions may exceed	99923
seventy-five per cent in any year for which that portion is	99924
exempted if the average percentage exempted for all years in which	99925
the agreement is in effect does not exceed sixty per cent, or if	99926
the board of education of the city, local, or exempted village	99927
school district within the territory of which the property is or	99928
will be located approves a percentage in excess of seventy-five	99929
per cent.	99930

(2) Notwithstanding any provision of the Revised Code to the	99931
contrary, the exemptions described in divisions (C)(1)(a), (b),	99932
and (c), (C)(2)(a), (b), and (c), and (C)(3) of this section may	99933
be for up to fifteen years if the board of education of the city,	99934
local, or exempted village school district within the territory of	99935
which the property is or will be located approves a number of	99936
years in excess of ten.	99937

(3) For the purpose of obtaining the approval of a city,	99938
local, or exempted village school district under division (D)(1)	99939
or (2) of this section, the legislative authority shall deliver to	99940
the board of education a notice not later than forty-five days	99941
prior to approving the agreement, excluding Saturdays, Sundays,	99942
and legal holidays as defined in section 1.14 of the Revised Code.	99943
The notice shall state the percentage to be exempted, an estimate	99944
of the true value of the property to be exempted, and the number	99945
of years the property is to be exempted. The board of education,	99946
by resolution adopted by a majority of the board, shall approve or	99947
disapprove the agreement and certify a copy of the resolution to	99948
the legislative authority not later than fourteen days prior to	99949
the date stipulated by the legislative authority as the date upon	99950
which approval of the agreement is to be formally considered by	99951
the legislative authority. The board of education may include in	99952
the resolution conditions under which the board would approve the	99953
agreement, including the execution of an agreement to compensate	99954
the school district under division (B) of section 5709.82 of the	99955
Revised Code. The legislative authority may approve the agreement	99956
at any time after the board of education certifies its resolution	99957
approving the agreement to the legislative authority, or, if the	99958
board approves the agreement conditionally, at any time after the	99959
conditions are agreed to by the board and the legislative	99960
authority.	99961

If a board of education has adopted a resolution waiving its	99962
right to approve agreements and the resolution remains in effect,	99963
approval of an agreement by the board is not required under this	99964
division. If a board of education has adopted a resolution	99965
allowing a legislative authority to deliver the notice required	99966
under this division fewer than forty-five business days prior to	99967
the legislative authority's approval of the agreement, the	99968
legislative authority shall deliver the notice to the board not	99969
later than the number of days prior to such approval as prescribed	99970
by the board in its resolution. If a board of education adopts a	99971
resolution waiving its right to approve agreements or shortening	99972
the notification period, the board shall certify a copy of the	99973
resolution to the legislative authority. If the board of education	99974
rescinds such a resolution, it shall certify notice of the	99975
rescission to the legislative authority.	99976

(4) The legislative authority shall comply with section	99977
5709.83 of the Revised Code unless the board of education has	99978
adopted a resolution under that section waiving its right to	99979
receive such notice.	99980

(E) This division applies to zones certified by the director	99981
of development under this section prior to July 22, 1994.	99982

On or before October 15, ~~2011~~2012, the legislative authority	99983
that designated a zone to which this division applies may enter	99984
into an agreement with an enterprise if the legislative authority	99985
finds that the enterprise satisfies one of the criteria described	99986
in divisions (E)(1) to (5) of this section:	99987

(1) The enterprise currently has no operations in this state	99988
and, subject to approval of the agreement, intends to establish	99989
operations in the zone;	99990

(2) The enterprise currently has operations in this state	99991
and, subject to approval of the agreement, intends to establish	99992
operations at a new location in the zone that would not result in	99993
a reduction in the number of employee positions at any of the	99994
enterprise's other locations in this state;	99995

(3) The enterprise, subject to approval of the agreement,	99996
intends to relocate operations, currently located in another	99997
state, to the zone;	99998

(4) The enterprise, subject to approval of the agreement,	99999
intends to expand operations at an existing site in the zone that	100000
the enterprise currently operates;	100001

(5) The enterprise, subject to approval of the agreement,	100002
intends to relocate operations, currently located in this state,	100003
to the zone, and the director of development has issued a waiver	100004
for the enterprise under division (B) of section 5709.633 of the	100005
Revised Code.	100006

The agreement shall require the enterprise to agree to	100007
establish, expand, renovate, or occupy a facility in the zone and	100008
hire new employees, or preserve employment opportunities for	100009
existing employees, in return for one or more of the incentives	100010
described in division (C) of this section.	100011

(F) All agreements entered into under this section shall be	100012
in the form prescribed under section 5709.631 of the Revised Code.	100013
After an agreement is entered into under this section, if the	100014
legislative authority revokes its designation of a zone, or if the	100015
director of development revokes a zone's certification, any	100016
entitlements granted under the agreement shall continue for the	100017
number of years specified in the agreement.	100018

(G) Except as otherwise provided in this division, an	100019
agreement entered into under this section shall require that the	100020
enterprise pay an annual fee equal to the greater of one per cent	100021
of the dollar value of incentives offered under the agreement or	100022
five hundred dollars; provided, however, that if the value of the	100023
incentives exceeds two hundred fifty thousand dollars, the fee	100024
shall not exceed two thousand five hundred dollars. The fee shall	100025
be payable to the legislative authority once per year for each	100026
year the agreement is effective on the days and in the form	100027
specified in the agreement. Fees paid shall be deposited in a	100028
special fund created for such purpose by the legislative authority	100029
and shall be used by the legislative authority exclusively for the	100030
purpose of complying with section 5709.68 of the Revised Code and	100031
by the tax incentive review council created under section 5709.85	100032
of the Revised Code exclusively for the purposes of performing the	100033
duties prescribed under that section. The legislative authority	100034
may waive or reduce the amount of the fee charged against an	100035
enterprise, but such a waiver or reduction does not affect the	100036
obligations of the legislative authority or the tax incentive	100037
review council to comply with section 5709.68 or 5709.85 of the	100038
Revised Code.	100039

(H) When an agreement is entered into pursuant to this	100040
section, the legislative authority authorizing the agreement shall	100041
forward a copy of the agreement to the director of development and	100042
to the tax commissioner within fifteen days after the agreement is	100043
entered into. If any agreement includes terms not provided for in	100044
section 5709.631 of the Revised Code affecting the revenue of a	100045
city, local, or exempted village school district or causing	100046
revenue to be forgone by the district, including any compensation	100047
to be paid to the school district pursuant to section 5709.82 of	100048
the Revised Code, those terms also shall be forwarded in writing	100049
to the director of development along with the copy of the	100050
agreement forwarded under this division.	100051

(I) After an agreement is entered into, the enterprise shall	100052
file with each personal property tax return required to be filed,	100053
or annual report required to be filed under section 5727.08 of the	100054
Revised Code, while the agreement is in effect, an informational	100055
return, on a form prescribed by the tax commissioner for that	100056
purpose, setting forth separately the property, and related costs	100057
and values, exempted from taxation under the agreement.	100058

(J) Enterprises may agree to give preference to residents of	100059
the zone within which the agreement applies relative to residents	100060
of this state who do not reside in the zone when hiring new	100061
employees under the agreement.	100062

(K) An agreement entered into under this section may include	100063
a provision requiring the enterprise to create one or more	100064
temporary internship positions for students enrolled in a course	100065
of study at a school or other educational institution in the	100066
vicinity, and to create a scholarship or provide another form of	100067
educational financial assistance for students holding such a	100068
position in exchange for the student's commitment to work for the	100069
enterprise at the completion of the internship.	100070

(L) The tax commissioner's authority in determining the	100071
accuracy of any exemption granted by an agreement entered into	100072
under this section is limited to divisions (C)(1)(a) and (b),	100073
(C)(2)(a), (b), and (c), (C)(3), (D), and (I) of this section and	100074
divisions (B)(1) to (10) of section 5709.631 of the Revised Code	100075
and, as authorized by law, to enforcing any modification to, or	100076
revocation of, that agreement by the legislative authority of a	100077
municipal corporation or the director of development.	100078

Sec. 5709.63. (A) With the consent of the legislative	100079
authority of each affected municipal corporation or of a board of	100080
township trustees, a board of county commissioners may, in the	100081
manner set forth in section 5709.62 of the Revised Code, designate	100082
one or more areas in one or more municipal corporations or in	100083
unincorporated areas of the county as proposed enterprise zones. A	100084
board of county commissioners may designate no more than one area	100085
within a township, or within adjacent townships, as a proposed	100086
enterprise zone. The board shall petition the director of	100087
development for certification of the area as having the	100088
characteristics set forth in division (A)(1) or (2) of section	100089
5709.61 of the Revised Code as amended by Substitute Senate Bill	100090
No. 19 of the 120th general assembly. Except as otherwise provided	100091
in division (D) of this section, on and after July 1, 1994, boards	100092
of county commissioners shall not enter into agreements under this	100093
section unless the board has petitioned the director and the	100094
director has certified the zone under this section as amended by	100095
that act; however, all agreements entered into under this section	100096
as it existed prior to July 1, 1994, and the incentives granted	100097
under those agreements shall remain in effect for the period	100098
agreed to under those agreements. The director shall make the	100099
determination in the manner provided under section 5709.62 of the	100100
Revised Code.	100101

Any enterprise wishing to enter into an agreement with the	100102
board under division (B) or (D) of this section shall submit a	100103
proposal to the board on the form and accompanied by the	100104
application fee prescribed under division (B) of section 5709.62	100105
of the Revised Code. The enterprise shall review and update the	100106
estimates and listings required by the form in the manner required	100107
under that division. The board may, on a separate form and at any	100108
time, require any additional information necessary to determine	100109
whether an enterprise is in compliance with an agreement and to	100110
collect the information required to be reported under section	100111
5709.68 of the Revised Code.	100112

(B) If the board of county commissioners finds that an	100113
enterprise submitting a proposal is qualified by financial	100114
responsibility and business experience to create and preserve	100115
employment opportunities in the zone and to improve the economic	100116
climate of the municipal corporation or municipal corporations or	100117
the unincorporated areas in which the zone is located and to which	100118
the proposal applies, the board, on or before October 15, ~~2011~~	100119
2012, and with the consent of the legislative authority of each	100120
affected municipal corporation or of the board of township	100121
trustees may do either of the following:	100122

(1) Enter into an agreement with the enterprise under which	100123
the enterprise agrees to establish, expand, renovate, or occupy a	100124
facility in the zone and hire new employees, or preserve	100125
employment opportunities for existing employees, in return for the	100126
following incentives:	100127

(a) When the facility is located in a municipal corporation,	100128
the board may enter into an agreement for one or more of the	100129
incentives provided in division (C) of section 5709.62 of the	100130
Revised Code, subject to division (D) of that section;	100131

(b) When the facility is located in an unincorporated area,	100132
the board may enter into an agreement for one or more of the	100133
following incentives:	100134

(i) Exemption for a specified number of years, not to exceed	100135
fifteen, of a specified portion, up to sixty per cent, of the	100136
assessed value of tangible personal property first used in	100137
business at a project site as a result of the agreement. If an	100138
exemption for inventory is specifically granted in the agreement	100139
pursuant to this division, the exemption applies to inventory	100140
required to be listed pursuant to sections 5711.15 and 5711.16 of	100141
the Revised Code, except, in the instance of an expansion or other	100142
situations in which an enterprise was in business at the facility	100143
prior to the establishment of the zone, the inventory that is	100144
exempt is that amount or value of inventory in excess of the	100145
amount or value of inventory required to be listed in the personal	100146
property tax return of the enterprise in the return for the tax	100147
year in which the agreement is entered into.	100148

(ii) Exemption for a specified number of years, not to exceed	100149
fifteen, of a specified portion, up to sixty per cent, of the	100150
increase in the assessed valuation of real property constituting	100151
the project site subsequent to formal approval of the agreement by	100152
the board;	100153

(iii) Provision for a specified number of years, not to	100154
exceed fifteen, of any optional services or assistance the board	100155
is authorized to provide with regard to the project site;	100156

(iv) The incentive described in division (C)(2) of section	100157
5709.62 of the Revised Code.	100158

(2) Enter into an agreement with an enterprise that plans to	100159
purchase and operate a large manufacturing facility that has	100160
ceased operation or has announced its intention to cease	100161
operation, in return for exemption for a specified number of	100162
years, not to exceed fifteen, of a specified portion, up to one	100163
hundred per cent, of tangible personal property used in business	100164
at the project site as a result of the agreement, or of real	100165
property constituting the project site, or both.	100166

(C)(1)(a) Notwithstanding divisions (B)(1)(b)(i) and (ii) of	100167
this section, the portion of the assessed value of tangible	100168
personal property or of the increase in the assessed valuation of	100169
real property exempted from taxation under those divisions may	100170
exceed sixty per cent in any year for which that portion is	100171
exempted if the average percentage exempted for all years in which	100172
the agreement is in effect does not exceed fifty per cent, or if	100173
the board of education of the city, local, or exempted village	100174
school district within the territory of which the property is or	100175
will be located approves a percentage in excess of sixty per cent.	100176

(b) Notwithstanding any provision of the Revised Code to the	100177
contrary, the exemptions described in divisions (B)(1)(b)(i),	100178
(ii), (iii), and (iv) and (B)(2) of this section may be for up to	100179
fifteen years if the board of education of the city, local, or	100180
exempted village school district within the territory of which the	100181
property is or will be located approves a number of years in	100182
excess of ten.	100183

(c) For the purpose of obtaining the approval of a city,	100184
local, or exempted village school district under division	100185
(C)(1)(a) or (b) of this section, the board of county	100186
commissioners shall deliver to the board of education a notice not	100187
later than forty-five days prior to approving the agreement,	100188
excluding Saturdays, Sundays, and legal holidays as defined in	100189
section 1.14 of the Revised Code. The notice shall state the	100190
percentage to be exempted, an estimate of the true value of the	100191
property to be exempted, and the number of years the property is	100192
to be exempted. The board of education, by resolution adopted by a	100193
majority of the board, shall approve or disapprove the agreement	100194
and certify a copy of the resolution to the board of county	100195
commissioners not later than fourteen days prior to the date	100196
stipulated by the board of county commissioners as the date upon	100197
which approval of the agreement is to be formally considered by	100198
the board of county commissioners. The board of education may	100199
include in the resolution conditions under which the board would	100200
approve the agreement, including the execution of an agreement to	100201
compensate the school district under division (B) of section	100202
5709.82 of the Revised Code. The board of county commissioners may	100203
approve the agreement at any time after the board of education	100204
certifies its resolution approving the agreement to the board of	100205
county commissioners, or, if the board of education approves the	100206
agreement conditionally, at any time after the conditions are	100207
agreed to by the board of education and the board of county	100208
commissioners.	100209

If a board of education has adopted a resolution waiving its	100210
right to approve agreements and the resolution remains in effect,	100211
approval of an agreement by the board of education is not required	100212
under division (C) of this section. If a board of education has	100213
adopted a resolution allowing a board of county commissioners to	100214
deliver the notice required under this division fewer than	100215
forty-five business days prior to approval of the agreement by the	100216
board of county commissioners, the board of county commissioners	100217
shall deliver the notice to the board of education not later than	100218
the number of days prior to such approval as prescribed by the	100219
board of education in its resolution. If a board of education	100220
adopts a resolution waiving its right to approve agreements or	100221
shortening the notification period, the board of education shall	100222
certify a copy of the resolution to the board of county	100223
commissioners. If the board of education rescinds such a	100224
resolution, it shall certify notice of the rescission to the board	100225
of county commissioners.	100226

(2) The board of county commissioners shall comply with	100227
section 5709.83 of the Revised Code unless the board of education	100228
has adopted a resolution under that section waiving its right to	100229
receive such notice.	100230

(D) This division applies to zones certified by the director	100231
of development under this section prior to July 22, 1994.	100232

On or before October 15, ~~2011~~2012, and with the consent of	100233
the legislative authority of each affected municipal corporation	100234
or board of township trustees of each affected township, the board	100235
of county commissioners that designated a zone to which this	100236
division applies may enter into an agreement with an enterprise if	100237
the board finds that the enterprise satisfies one of the criteria	100238
described in divisions (D)(1) to (5) of this section:	100239

(1) The enterprise currently has no operations in this state	100240
and, subject to approval of the agreement, intends to establish	100241
operations in the zone;	100242

(2) The enterprise currently has operations in this state	100243
and, subject to approval of the agreement, intends to establish	100244
operations at a new location in the zone that would not result in	100245
a reduction in the number of employee positions at any of the	100246
enterprise's other locations in this state;	100247

(3) The enterprise, subject to approval of the agreement,	100248
intends to relocate operations, currently located in another	100249
state, to the zone;	100250

(4) The enterprise, subject to approval of the agreement,	100251
intends to expand operations at an existing site in the zone that	100252
the enterprise currently operates;	100253

(5) The enterprise, subject to approval of the agreement,	100254
intends to relocate operations, currently located in this state,	100255
to the zone, and the director of development has issued a waiver	100256
for the enterprise under division (B) of section 5709.633 of the	100257
Revised Code.	100258

The agreement shall require the enterprise to agree to	100259
establish, expand, renovate, or occupy a facility in the zone and	100260
hire new employees, or preserve employment opportunities for	100261
existing employees, in return for one or more of the incentives	100262
described in division (B) of this section.	100263

(E) All agreements entered into under this section shall be	100264
in the form prescribed under section 5709.631 of the Revised Code.	100265
After an agreement under this section is entered into, if the	100266
board of county commissioners revokes its designation of a zone,	100267
or if the director of development revokes a zone's certification,	100268
any entitlements granted under the agreement shall continue for	100269
the number of years specified in the agreement.	100270

(F) Except as otherwise provided in this division, an	100271
agreement entered into under this section shall require that the	100272
enterprise pay an annual fee equal to the greater of one per cent	100273
of the dollar value of incentives offered under the agreement or	100274
five hundred dollars; provided, however, that if the value of the	100275
incentives exceeds two hundred fifty thousand dollars, the fee	100276
shall not exceed two thousand five hundred dollars. The fee shall	100277
be payable to the board of county commissioners once per year for	100278
each year the agreement is effective on the days and in the form	100279
specified in the agreement. Fees paid shall be deposited in a	100280
special fund created for such purpose by the board and shall be	100281
used by the board exclusively for the purpose of complying with	100282
section 5709.68 of the Revised Code and by the tax incentive	100283
review council created under section 5709.85 of the Revised Code	100284
exclusively for the purposes of performing the duties prescribed	100285
under that section. The board may waive or reduce the amount of	100286
the fee charged against an enterprise, but such waiver or	100287
reduction does not affect the obligations of the board or the tax	100288
incentive review council to comply with section 5709.68 or 5709.85	100289
of the Revised Code, respectively.	100290

(G) With the approval of the legislative authority of a	100291
municipal corporation or the board of township trustees of a	100292
township in which a zone is designated under division (A) of this	100293
section, the board of county commissioners may delegate to that	100294
legislative authority or board any powers and duties of the board	100295
of county commissioners to negotiate and administer agreements	100296
with regard to that zone under this section.	100297

(H) When an agreement is entered into pursuant to this	100298
section, the board of county commissioners authorizing the	100299
agreement or the legislative authority or board of township	100300
trustees that negotiates and administers the agreement shall	100301
forward a copy of the agreement to the director of development and	100302
to the tax commissioner within fifteen days after the agreement is	100303
entered into. If any agreement includes terms not provided for in	100304
section 5709.631 of the Revised Code affecting the revenue of a	100305
city, local, or exempted village school district or causing	100306
revenue to be foregone by the district, including any compensation	100307
to be paid to the school district pursuant to section 5709.82 of	100308
the Revised Code, those terms also shall be forwarded in writing	100309
to the director of development along with the copy of the	100310
agreement forwarded under this division.	100311

(I) After an agreement is entered into, the enterprise shall	100312
file with each personal property tax return required to be filed,	100313
or annual report that is required to be filed under section	100314
5727.08 of the Revised Code, while the agreement is in effect, an	100315
informational return, on a form prescribed by the tax commissioner	100316
for that purpose, setting forth separately the property, and	100317
related costs and values, exempted from taxation under the	100318
agreement.	100319

(J) Enterprises may agree to give preference to residents of	100320
the zone within which the agreement applies relative to residents	100321
of this state who do not reside in the zone when hiring new	100322
employees under the agreement.	100323

(K) An agreement entered into under this section may include	100324
a provision requiring the enterprise to create one or more	100325
temporary internship positions for students enrolled in a course	100326
of study at a school or other educational institution in the	100327
vicinity, and to create a scholarship or provide another form of	100328
educational financial assistance for students holding such a	100329
position in exchange for the student's commitment to work for the	100330
enterprise at the completion of the internship.	100331

(L) The tax commissioner's authority in determining the	100332
accuracy of any exemption granted by an agreement entered into	100333
under this section is limited to divisions (B)(1)(b)(i) and (ii),	100334
(B)(2), (C), and (I) of this section, division (B)(1)(b)(iv) of	100335
this section as it pertains to divisions (C)(2)(a), (b), and (c)	100336
of section 5709.62 of the Revised Code, and divisions (B)(1) to	100337
(10) of section 5709.631 of the Revised Code and, as authorized by	100338
law, to enforcing any modification to, or revocation of, that	100339
agreement by the board of county commissioners or the director of	100340
development or, if the board's powers and duties are delegated	100341
under division (G) of this section, by the legislative authority	100342
of a municipal corporation or board of township trustees.	100343

Sec. 5709.632. (A)(1) The legislative authority of a	100344
municipal corporation defined by the United States office of	100345
management and budget as a principal city of a metropolitan	100346
statistical area may, in the manner set forth in section 5709.62	100347
of the Revised Code, designate one or more areas in the municipal	100348
corporation as a proposed enterprise zone.	100349

(2) With the consent of the legislative authority of each	100350
affected municipal corporation or of a board of township trustees,	100351
a board of county commissioners may, in the manner set forth in	100352
section 5709.62 of the Revised Code, designate one or more areas	100353
in one or more municipal corporations or in unincorporated areas	100354
of the county as proposed urban jobs and enterprise zones, except	100355
that a board of county commissioners may designate no more than	100356
one area within a township, or within adjacent townships, as a	100357
proposed urban jobs and enterprise zone.	100358

(3) The legislative authority or board of county	100359
commissioners may petition the director of development for	100360
certification of the area as having the characteristics set forth	100361
in division (A)(3) of section 5709.61 of the Revised Code. Within	100362
sixty days after receiving such a petition, the director shall	100363
determine whether the area has the characteristics set forth in	100364
that division and forward the findings to the legislative	100365
authority or board of county commissioners. If the director	100366
certifies the area as having those characteristics and thereby	100367
certifies it as a zone, the legislative authority or board may	100368
enter into agreements with enterprises under division (B) of this	100369
section. Any enterprise wishing to enter into an agreement with a	100370
legislative authority or board of county commissioners under this	100371
section and satisfying one of the criteria described in divisions	100372
(B)(1) to (5) of this section shall submit a proposal to the	100373
legislative authority or board on the form prescribed under	100374
division (B) of section 5709.62 of the Revised Code and shall	100375
review and update the estimates and listings required by the form	100376
in the manner required under that division. The legislative	100377
authority or board may, on a separate form and at any time,	100378
require any additional information necessary to determine whether	100379
an enterprise is in compliance with an agreement and to collect	100380
the information required to be reported under section 5709.68 of	100381
the Revised Code.	100382

(B) Prior to entering into an agreement with an enterprise,	100383
the legislative authority or board of county commissioners shall	100384
determine whether the enterprise submitting the proposal is	100385
qualified by financial responsibility and business experience to	100386
create and preserve employment opportunities in the zone and to	100387
improve the economic climate of the municipal corporation or	100388
municipal corporations or the unincorporated areas in which the	100389
zone is located and to which the proposal applies, and whether the	100390
enterprise satisfies one of the following criteria:	100391

(1) The enterprise currently has no operations in this state	100392
and, subject to approval of the agreement, intends to establish	100393
operations in the zone;	100394

(2) The enterprise currently has operations in this state	100395
and, subject to approval of the agreement, intends to establish	100396
operations at a new location in the zone that would not result in	100397
a reduction in the number of employee positions at any of the	100398
enterprise's other locations in this state;	100399

(3) The enterprise, subject to approval of the agreement,	100400
intends to relocate operations, currently located in another	100401
state, to the zone;	100402

(4) The enterprise, subject to approval of the agreement,	100403
intends to expand operations at an existing site in the zone that	100404
the enterprise currently operates;	100405

(5) The enterprise, subject to approval of the agreement,	100406
intends to relocate operations, currently located in this state,	100407
to the zone, and the director of development has issued a waiver	100408
for the enterprise under division (B) of section 5709.633 of the	100409
Revised Code.	100410

(C) If the legislative authority or board determines that the	100411
enterprise is so qualified and satisfies one of the criteria	100412
described in divisions (B)(1) to (5) of this section, the	100413
legislative authority or board may, after complying with section	100414
5709.83 of the Revised Code and on or before October 15, ~~2011~~	100415
2012, and, in the case of a board of commissioners, with the	100416
consent of the legislative authority of each affected municipal	100417
corporation or of the board of township trustees, enter into an	100418
agreement with the enterprise under which the enterprise agrees to	100419
establish, expand, renovate, or occupy a facility in the zone and	100420
hire new employees, or preserve employment opportunities for	100421
existing employees, in return for the following incentives:	100422

(1) When the facility is located in a municipal corporation,	100423
a legislative authority or board of commissioners may enter into	100424
an agreement for one or more of the incentives provided in	100425
division (C) of section 5709.62 of the Revised Code, subject to	100426
division (D) of that section;	100427

(2) When the facility is located in an unincorporated area, a	100428
board of commissioners may enter into an agreement for one or more	100429
of the incentives provided in divisions (B)(1)(b), (B)(2), and	100430
(B)(3) of section 5709.63 of the Revised Code, subject to division	100431
(C) of that section.	100432

(D) All agreements entered into under this section shall be	100433
in the form prescribed under section 5709.631 of the Revised Code.	100434
After an agreement under this section is entered into, if the	100435
legislative authority or board of county commissioners revokes its	100436
designation of the zone, or if the director of development revokes	100437
the zone's certification, any entitlements granted under the	100438
agreement shall continue for the number of years specified in the	100439
agreement.	100440

(E) Except as otherwise provided in this division, an	100441
agreement entered into under this section shall require that the	100442
enterprise pay an annual fee equal to the greater of one per cent	100443
of the dollar value of incentives offered under the agreement or	100444
five hundred dollars; provided, however, that if the value of the	100445
incentives exceeds two hundred fifty thousand dollars, the fee	100446
shall not exceed two thousand five hundred dollars. The fee shall	100447
be payable to the legislative authority or board of commissioners	100448
once per year for each year the agreement is effective on the days	100449
and in the form specified in the agreement. Fees paid shall be	100450
deposited in a special fund created for such purpose by the	100451
legislative authority or board and shall be used by the	100452
legislative authority or board exclusively for the purpose of	100453
complying with section 5709.68 of the Revised Code and by the tax	100454
incentive review council created under section 5709.85 of the	100455
Revised Code exclusively for the purposes of performing the duties	100456
prescribed under that section. The legislative authority or board	100457
may waive or reduce the amount of the fee charged against an	100458
enterprise, but such waiver or reduction does not affect the	100459
obligations of the legislative authority or board or the tax	100460
incentive review council to comply with section 5709.68 or 5709.85	100461
of the Revised Code, respectively.	100462

(F) With the approval of the legislative authority of a	100463
municipal corporation or the board of township trustees of a	100464
township in which a zone is designated under division (A)(2) of	100465
this section, the board of county commissioners may delegate to	100466
that legislative authority or board any powers and duties of the	100467
board to negotiate and administer agreements with regard to that	100468
zone under this section.	100469

(G) When an agreement is entered into pursuant to this	100470
section, the legislative authority or board of commissioners	100471
authorizing the agreement shall forward a copy of the agreement to	100472
the director of development and to the tax commissioner within	100473
fifteen days after the agreement is entered into. If any agreement	100474
includes terms not provided for in section 5709.631 of the Revised	100475
Code affecting the revenue of a city, local, or exempted village	100476
school district or causing revenue to be forgone by the district,	100477
including any compensation to be paid to the school district	100478
pursuant to section 5709.82 of the Revised Code, those terms also	100479
shall be forwarded in writing to the director of development along	100480
with the copy of the agreement forwarded under this division.	100481

(H) After an agreement is entered into, the enterprise shall	100482
file with each personal property tax return required to be filed	100483
while the agreement is in effect, an informational return, on a	100484
form prescribed by the tax commissioner for that purpose, setting	100485
forth separately the property, and related costs and values,	100486
exempted from taxation under the agreement.	100487

(I) An agreement entered into under this section may include	100488
a provision requiring the enterprise to create one or more	100489
temporary internship positions for students enrolled in a course	100490
of study at a school or other educational institution in the	100491
vicinity, and to create a scholarship or provide another form of	100492
educational financial assistance for students holding such a	100493
position in exchange for the student's commitment to work for the	100494
enterprise at the completion of the internship.	100495

Sec. 5713.01. (A) Each county shall be the unit for	100496
assessing real estate for taxation purposes. The county auditor	100497
shall be the assessor of all the real estate in the auditor's	100498
county for purposes of taxation, but this section does not affect	100499
the power conferred by Chapter 5727. of the Revised Code upon the	100500
tax commissioner regarding the valuation and assessment of real	100501
property used in railroad operations.	100502

(B) The auditor shall assess all the real estate situated in	100503
the county at its taxable value in accordance with sections	100504
5713.03, 5713.31, and 5715.01 of the Revised Code and with the	100505
rules and methods applicable to the auditor's county adopted,	100506
prescribed, and promulgated by the tax commissioner. The auditor	100507
shall view and appraise or cause to be viewed and appraised at its	100508
true value in money, each lot or parcel of real estate, including	100509
land devoted exclusively to agricultural use, and the improvements	100510
located thereon at least once in each six-year period and the	100511
taxable values required to be derived therefrom shall be placed on	100512
the auditor's tax list and the county treasurer's duplicate for	100513
the tax year ordered by the commissioner pursuant to section	100514
5715.34 of the Revised Code. The commissioner may grant an	100515
extension of one year or less if the commissioner finds that good	100516
cause exists for the extension. When the auditor so views and	100517
appraises, the auditor may enter each structure located thereon to	100518
determine by actual view what improvements have been made therein	100519
or additions made thereto since the next preceding valuation. The	100520
auditor shall revalue and assess at any time all or any part of	100521
the real estate in such county, including land devoted exclusively	100522
to agricultural use, where the auditor finds that the true or	100523
taxable values thereof have changed, and when a conservation	100524
easement is created under sections 5301.67 to 5301.70 of the	100525
Revised Code. The auditor may increase or decrease the true or	100526
taxable value of any lot or parcel of real estate in any township,	100527
municipal corporation, or other taxing district by an amount which	100528
will cause all real property on the tax list to be valued as	100529
required by law, or the auditor may increase or decrease the	100530
aggregate value of all real property, or any class of real	100531
property, in the county, township, municipal corporation, or other	100532
taxing district, or in any ward or other division of a municipal	100533
corporation by a per cent or amount which will cause all property	100534
to be properly valued and assessed for taxation in accordance with	100535
Section 36, Article II, Section 2, Article XII, Ohio Constitution,	100536
this section, and sections 5713.03, 5713.31, and 5715.01 of the	100537
Revised Code.	100538

(C) When the auditor determines to reappraise all the real	100539
estate in the county or any class thereof, when the tax	100540
commissioner orders an increase in the aggregate true or taxable	100541
value of the real estate in any taxing subdivision, or when the	100542
taxable value of real estate is increased by the application of a	100543
uniform taxable value per cent of true value pursuant to the order	100544
of the commissioner, the auditor shall advertise the completion of	100545
the reappraisal or equalization action in a newspaper of general	100546
circulation in the county once a week for the three consecutive	100547
weeks next preceding the issuance of the tax bills, or as provided	100548
in section 7.16 of the Revised Code for the two consecutive weeks	100549
next preceding the issuance of the tax bills. When the auditor	100550
changes the true or taxable value of any individual parcels of	100551
real estate, the auditor shall notify the owner of the real	100552
estate, or the person in whose name the same stands charged on the	100553
duplicate, by mail or in person, of the changes the auditor has	100554
made in the assessments of such property. Such notice shall be	100555
given at least thirty days prior to the issuance of the tax bills.	100556
Failure to receive notice shall not invalidate any proceeding	100557
under this section.	100558

(D) The auditor shall make the necessary abstracts from books	100559
of the auditor's office containing descriptions of real estate in	100560
such county, together with such platbooks and lists of transfers	100561
of title to land as the auditor deems necessary in the performance	100562
of the auditor's duties in valuing such property for taxation.	100563
Such abstracts, platbooks, and lists shall be in such form and	100564
detail as the tax commissioner prescribes.	100565

(E) The auditor, with the approval of the tax commissioner,	100566
may appoint and employ such experts, deputies, clerks, or other	100567
employees as the auditor deems necessary to the performance of the	100568
auditor's duties as assessor, or, with the approval of the tax	100569
commissioner, the auditor may enter into a contract with an	100570
individual, partnership, firm, company, or corporation to do all	100571
or any part of the work; the amount to be expended in the payment	100572
of the compensation of such employees shall be fixed by the board	100573
of county commissioners. If, in the opinion of the auditor, the	100574
board of county commissioners fails to provide a sufficient amount	100575
for the compensation of such employees, the auditor may apply to	100576
the tax commissioner for an additional allowance, and the	100577
additional amount of compensation allowed by the commissioner	100578
shall be certified to the board of county commissioners, and the	100579
same shall be final. The salaries and compensation of such	100580
experts, deputies, clerks, and employees shall be paid upon the	100581
warrant of the auditor out of the general fund or the real estate	100582
assessment fund of the county, or both. If the salaries and	100583
compensation are in whole or in part fixed by the commissioner,	100584
they shall constitute a charge against the county regardless of	100585
the amount of money in the county treasury levied or appropriated	100586
for such purposes.	100587

(F) Any contract for goods or services related to the	100588
auditor's duties as assessor, including contracts for mapping,	100589
computers, and reproduction on any medium of any documents,	100590
records, photographs, microfiche, or magnetic tapes, but not	100591
including contracts for the professional services of an appraiser,	100592
shall be awarded pursuant to the competitive bidding procedures	100593
set forth in sections 307.86 to 307.92 of the Revised Code and	100594
shall be paid for, upon the warrant of the auditor, from the real	100595
estate assessment fund.	100596

(G) Experts, deputies, clerks, and other employees, in	100597
addition to their other duties, shall perform such services as the	100598
auditor directs in ascertaining such facts, description, location,	100599
character, dimensions of buildings and improvements, and other	100600
circumstances reflecting upon the value of real estate as will aid	100601
the auditor in fixing its true and taxable value and, in the case	100602
of land valued in accordance with section 5713.31 of the Revised	100603
Code, its current agricultural use value. The auditor may also	100604
summon and examine any person under oath in respect to any matter	100605
pertaining to the value of any real property within the county.	100606

Sec. 5715.17. When the county board of revision has	100607
completed its work of equalization and transmitted the returns to	100608
~~him~~the county auditor, the ~~county~~ auditor shall give notice by	100609
advertising in ~~two newspapers of opposite politics published in~~	100610
~~and~~a newspaper of general circulation throughout the county that	100611
the tax returns for the current year have been revised and the	100612
valuations have been completed and are open for public inspection	100613
in ~~his~~the auditor's office, and that complaints against any	100614
valuation or assessment, except the valuations fixed and	100615
assessments made by the department of taxation, will be heard by	100616
the board, stating in the notice the time and place of the meeting	100617
of such board. Such advertisement shall be inserted in a	100618
conspicuous place in ~~each~~ such newspaper and be published daily	100619
for ten days~~, unless there is no daily newspaper published in and~~	100620
~~of general circulation throughout such county, in which event such~~	100621
~~advertisement shall be so published once each week for two weeks~~	100622
or as provided in section 7.16 of the Revised Code.	100623

The auditor shall, upon request, furnish to any person a	100624
certificate setting forth the assessment and valuation of any	100625
tract, lot, or parcel of real estate or any specific personal	100626
property, and mail the same when requested to do so upon receipt	100627
of sufficient postage.	100628

The auditor shall furnish notice to boards of education of	100629
school districts within the county of all hearings, and the	100630
results of such hearings, held in regard to the reduction or	100631
increasing of tax valuations in excess of one hundred thousand	100632
dollars directly affecting the revenue of such district.	100633

Sec. 5715.23. Annually, immediately after the county board	100634
of revision has acted upon the assessments for the current year as	100635
required under section 5715.16 of the Revised Code and the county	100636
auditor has given notice by advertisement in ~~two newspapers~~a	100637
newspaper of general circulation in the county that the valuations	100638
have been revised and are open for public inspection as provided	100639
in section 5715.17 of the Revised Code, each auditor shall make	100640
out and transmit to the tax commissioner an abstract of the real	100641
property of each taxing district in ~~his~~the auditor's county, in	100642
which hethe auditor shall set forth the aggregate amount and	100643
valuation of each class of real property in such county and in	100644
each taxing district therein as it appears on ~~his~~the auditor's	100645
tax list or the statements and returns on file in ~~his~~the	100646
auditor's office and an abstract of the current year's true value	100647
of land valued for such year under section 5713.31 of the Revised	100648
Code as it appears in the current year's agricultural land tax	100649
list.	100650

Sec. 5715.26. (A)(1) Upon receiving the statement required	100651
by section 5715.25 of the Revised Code, the county auditor shall	100652
forthwith add to or deduct from each tract, lot, or parcel of real	100653
property or class of real property the required percentage or	100654
amount of the valuation thereof, adding or deducting any sum less	100655
than five dollars so that the value of any separate tract, lot, or	100656
parcel of real property shall be ten dollars or some multiple	100657
thereof.	100658

(2) After making the additions or deductions required by this	100659
section, the auditor shall transmit to the tax commissioner the	100660
appropriate adjusted abstract of the real property of each taxing	100661
district in the auditor's county in which an adjustment was	100662
required.	100663

(3) If the commissioner increases or decreases the aggregate	100664
value of the real property or any class thereof in any county or	100665
taxing district thereof and does not receive within ninety days	100666
thereafter an adjusted abstract conforming to its statement for	100667
such county or taxing district therein, the commissioner shall	100668
withhold from such county or taxing district therein fifty per	100669
cent of its share in the distribution of state revenues to local	100670
governments pursuant to sections 5747.50 to 5747.55 of the Revised	100671
Code and shall direct the department of education to withhold	100672
therefrom fifty per cent of state revenues to school districts	100673
pursuant to ~~Chapters 3306. and~~Chapter 3317. of the Revised Code.	100674
The commissioner shall withhold the distribution of such funds	100675
until such county auditor has complied with this division, and the	100676
department shall withhold the distribution of such funds until the	100677
commissioner has notified the department that such county auditor	100678
has complied with this division.	100679

(B)(1) If the commissioner's determination is appealed under	100680
section 5715.251 of the Revised Code, the county auditor,	100681
treasurer, and all other officers shall forthwith proceed with the	100682
levy and collection of the current year's taxes in the manner	100683
prescribed by law. The taxes shall be determined and collected as	100684
if the commissioner had determined under section 5715.24 of the	100685
Revised Code that the real property and the various classes	100686
thereof in the county as shown in the auditor's abstract were	100687
assessed for taxation and the true and agricultural use values	100688
were recorded on the agricultural land tax list as required by	100689
law.	100690

(2) If as a result of the appeal to the board it is finally	100691
determined either that all real property and the various classes	100692
thereof have not been assessed as required by law or that the	100693
values set forth in the agricultural land tax list do not	100694
correctly reflect the true and agricultural use values of the	100695
lands contained therein, the county auditor shall forthwith add to	100696
or deduct from each tract, lot, or parcel of real property or	100697
class of real property the required percentage or amount of the	100698
valuation in accordance with the order of the board or judgment of	100699
the court to which the board's order was appealed, and the taxes	100700
on each tract, lot, or parcel and the percentages required by	100701
section 319.301 of the Revised Code shall be recomputed using the	100702
valuation as finally determined. The order or judgment making the	100703
final determination shall prescribe the time and manner for	100704
collecting, crediting, or refunding the resultant increases or	100705
decreases in taxes.	100706

Sec. 5719.04. (A) Immediately after each settlement required	100707
by division (D) of section 321.24 of the Revised Code the county	100708
auditor shall make a tax list and duplicates thereof of all	100709
general personal and classified property taxes remaining unpaid,	100710
as shown by the county treasurer's books and the list of taxes	100711
returned as delinquent by the treasurer to the auditor at such	100712
settlement. The county auditor shall also include in such list all	100713
taxes assessed by the tax commissioner pursuant to law which were	100714
not charged upon the tax lists and duplicates on which such	100715
settlements were made nor previously charged upon a delinquent tax	100716
list and duplicates pursuant to this section, but the auditor	100717
shall not include taxes specifically excepted from collection	100718
pursuant to section 5711.32 of the Revised Code. Such tax list and	100719
duplicates shall contain the name of the person charged and the	100720
amount of such taxes, and the penalty, due and unpaid, and shall	100721
set forth separately the amount charged or chargeable on the	100722
general and on the classified list and duplicate. The auditor	100723
shall deliver one such duplicate to the treasurer on the first day	100724
of December, annually. Upon receipt of the duplicate the treasurer	100725
may prepare and mail tax bills to all persons charged with such	100726
delinquent taxes. Each bill shall include a notice that the	100727
interest charge prescribed by section 5719.041 of the Revised Code	100728
has begun to accrue.	100729

The auditor shall cause a copy of the delinquent personal and	100730
classified property tax list and duplicate provided for in this	100731
division to be published twice within sixty days after delivery of	100732
such duplicate to the treasurer in a newspaper ~~published in the~~	100733
~~English language in the county and~~ of general circulation ~~therein;~~	100734
~~provided that before~~in the county. The newspaper shall meet the	100735
requirements of section 7.12 of the Revised Code. The auditor may	100736
publish the tax list on a pre-printed insert in the newspaper. The	100737
cost of the second publication of the list shall not exceed	100738
three-fourths of the cost of the first publication of the list.	100739

Before such publication, the auditor shall cause a display	100740
notice of the forthcoming publication of such delinquent personal	100741
and classified property tax list to be inserted once a week for	100742
two consecutive weeks in a newspaper ~~published in the English~~	100743
~~language in the county and~~ of general circulation ~~therein~~in the	100744
county. Copy for such display notice shall be furnished by the	100745
auditor to the newspaper selected to publish such delinquent tax	100746
lists simultaneously with the delivery of the duplicate to the	100747
treasurer. ~~If there is only one newspaper published in the county,~~	100748
~~such display notice and delinquent personal and classified~~	100749
~~property tax lists shall be published in it.~~ Publication of the	100750
delinquent lists may be made by a newspaper in installments,	100751
provided that complete publication thereof is made twice during	100752
said sixty-day period.	100753

The office of the county treasurer shall be kept open to	100754
receive the payment of delinquent general and classified property	100755
taxes from the day of delivery of the duplicate thereof until the	100756
final publication of the delinquent tax list. The name of any	100757
taxpayer who prior to seven days before either the first or second	100758
publication of said list pays such taxes in full or enters into a	100759
delinquent tax contract to pay such taxes in installments pursuant	100760
to section 5719.05 of the Revised Code shall be stricken from such	100761
list, and the taxpayer's name shall not be included in the list	100762
for that publication.	100763

The other such duplicate, from which shall first be	100764
eliminated the names of persons whose total liability for taxes	100765
and penalty is less than one hundred dollars, shall be filed by	100766
the auditor on the first day of December, annually, in the office	100767
of the county recorder, and the same shall constitute a notice of	100768
lien and operate as of the date of delivery as a lien on the lands	100769
and tenements, vested legal interests therein, and permanent	100770
leasehold estates of each person named therein having such real	100771
estate in such county. Such notice of lien and such lien shall not	100772
be valid as against any mortgagee, pledgee, purchaser, or judgment	100773
creditor whose rights have attached prior to the date of such	100774
delivery. Such duplicate shall be kept by the recorder, designated	100775
as the personal tax lien record, and indexed under the name of the	100776
person charged with such tax. No fee shall be charged by the	100777
recorder for the services required under this section.	100778

The auditor shall add to the tax list made pursuant to this	100779
section all such taxes omitted in a previous year when assessed by	100780
the auditor or finally assessed by the tax commissioner pursuant	100781
to law, and by proper certificates cause the same to be added to	100782
the treasurer's delinquent tax duplicate provided for in this	100783
section, and, in proper cases, file notice of the lien with the	100784
recorder, as provided in this section.	100785

If the authority making any assessment believes that the	100786
collection of such taxes will be jeopardized by delay, such	100787
assessing authority shall so certify on the assessment certificate	100788
thereof, and the auditor shall include a certificate of such	100789
jeopardy in the certificate given by the auditor to the treasurer.	100790
In such event the treasurer shall proceed immediately to collect	100791
such taxes, and to enforce the collection thereof by any means	100792
provided by law, and the treasurer may not accept a tender of any	100793
part of such taxes; but the person or the representatives of the	100794
person against whom such assessment is made may, in the event of	100795
an appeal to the tax commissioner therefrom, obtain a stay of	100796
collection of the whole or any part of the amount of such	100797
assessment by filing with the treasurer a bond in an amount not	100798
exceeding double the amount as to which the stay is desired, with	100799
such surety as the treasurer deems necessary, conditioned upon the	100800
payment of the amount determined to be due by the decision of the	100801
commissioner which has become final, and further conditioned that	100802
if an appeal is not filed within the period provided by law, the	100803
amount of collection which is stayed by the bond will be paid on	100804
notice and demand of the treasurer at any time after the	100805
expiration of such period. The taxpayer may waive such stay as to	100806
the whole or any part of the amount covered by the bond, and if as	100807
the result of such waiver any part of the amount covered by the	100808
bond is paid, then the bond shall be proportionately reduced on	100809
the request of the taxpayer.	100810

(B) Immediately after each settlement required by division	100811
(D) of section 321.24 of the Revised Code the auditor shall make a	100812
separate list and duplicate, prepared as prescribed in division	100813
(A) of this section, of all general personal and classified	100814
property taxes that remain unpaid but are excepted from collection	100815
pursuant to section 5711.32 of the Revised Code. The duplicate of	100816
such list shall be delivered to the treasurer at the time of	100817
delivery of the delinquent personal and classified property tax	100818
duplicate.	100819

Sec. 5721.01. (A) As used in this chapter:

100820

(1) "Delinquent lands" means all lands upon which delinquent	100821
taxes, as defined in section 323.01 of the Revised Code, remain	100822
unpaid at the time a settlement is made between the county	100823
treasurer and auditor pursuant to division (C) of section 321.24	100824
of the Revised Code.	100825

(2) "Delinquent vacant lands" means all lands that have been	100826
delinquent lands for at least one year and that are unimproved by	100827
any dwelling.	100828

(3) "County land reutilization corporation" means a county	100829
land reutilization corporation organized under Chapter 1724. of	100830
the Revised Code.	100831

(B) As used in sections 5719.04, 5721.03, and 5721.31 of the	100832
Revised Code and in any other sections of the Revised Code to	100833
which those sections are applicable, a "newspaper" or "newspaper	100834
of general circulation ~~shall be a publication bearing a title or~~	100835
~~name, regularly issued as frequently as once a week for a definite~~	100836
~~price or consideration paid for by not less than fifty per cent of~~	100837
~~those to whom distribution is made, having a second class mailing~~	100838
~~privilege, being not less than four pages, published continuously~~	100839
~~during the immediately preceding one-year period, and circulated~~	100840
~~generally in the political subdivision in which it is published.~~	100841
~~Such publication shall be of a type to which the general public~~	100842
~~resorts for passing events of a political, religious, commercial,~~	100843
~~and social nature, current happenings, announcements,~~	100844
~~miscellaneous reading matter, advertisements, and other notices~~"	100845
has the same meaning as in section 7.12 of the Revised Code.	100846

Sec. 5721.03. (A) At the time of making the delinquent land	100847
list, as provided in section 5721.011 of the Revised Code, the	100848
county auditor shall compile a delinquent tax list consisting of	100849
all lands on the delinquent land list on which taxes have become	100850
delinquent at the close of the collection period immediately	100851
preceding the making of the delinquent land list. The auditor	100852
shall also compile a delinquent vacant land tax list of all	100853
delinquent vacant lands prior to the institution of any	100854
foreclosure and forfeiture actions against delinquent vacant lands	100855
under section 5721.14 of the Revised Code or any foreclosure	100856
actions against delinquent vacant lands under section 5721.18 of	100857
the Revised Code.	100858

The delinquent tax list, and the delinquent vacant land tax	100859
list if one is compiled, shall contain all of the information	100860
included on the delinquent land list, except that, if the	100861
auditor's records show that the name of the person in whose name	100862
the property currently is listed is not the name that appears on	100863
the delinquent land list, the name used in the delinquent tax list	100864
or the delinquent vacant land tax list shall be the name of the	100865
person the auditor's records show as the person in whose name the	100866
property currently is listed.	100867

Lands that have been included in a previously published	100868
delinquent tax list shall not be included in the delinquent tax	100869
list so long as taxes have remained delinquent on such lands for	100870
the entire intervening time.	100871

In either list, there may be included lands that have been	100872
omitted in error from a prior list and lands with respect to which	100873
the auditor has received a certification that a delinquent tax	100874
contract has become void since the publication of the last	100875
previously published list, provided the name of the owner was	100876
stricken from a prior list under section 5721.02 of the Revised	100877
Code.	100878

(B)(1) The auditor shall cause the delinquent tax list and	100879
the delinquent vacant land tax list, if one is compiled, to be	100880
published twice within sixty days after the delivery of the	100881
delinquent land duplicate to the county treasurer, in a newspaper	100882
of general circulation in the county. The newspaper shall meet the	100883
requirements of section 7.12 of the Revised Code. The ~~publication~~	100884
~~shall be printed in the English language~~auditor may publish the	100885
list or lists on a pre-printed insert in the newspaper. The cost	100886
of the second publication of the list or lists shall not exceed	100887
three-fourths of the cost of the first publication of the list or	100888
lists.	100889

The auditor shall insert display notices of the forthcoming	100890
publication of the delinquent tax list and, if it is to be	100891
published, the delinquent vacant land tax list once a week for two	100892
consecutive weeks in a newspaper of general circulation in the	100893
county. The display notices shall contain the times and methods of	100894
payment of taxes provided by law, including information concerning	100895
installment payments made in accordance with a written delinquent	100896
tax contract. The display notice for the delinquent tax list also	100897
shall include a notice that an interest charge will accrue on	100898
accounts remaining unpaid after the last day of November unless	100899
the taxpayer enters into a written delinquent tax contract to pay	100900
such taxes in installments. The display notice for the delinquent	100901
vacant land tax list if it is to be published also shall include a	100902
notice that delinquent vacant lands in the list are lands on which	100903
taxes have remained unpaid for one year after being certified	100904
delinquent, and that they are subject to foreclosure proceedings	100905
as provided in section 323.25, sections 323.65 to 323.79, or	100906
section 5721.18 of the Revised Code, or foreclosure and forfeiture	100907
proceedings as provided in section 5721.14 of the Revised Code.	100908
Each display notice also shall state that the lands are subject to	100909
a tax certificate sale under section 5721.32 or 5721.33 of the	100910
Revised Code or assignment to a county land reutilization	100911
corporation, as the case may be, and shall include any other	100912
information that the auditor considers pertinent to the purpose of	100913
the notice. The display notices shall be furnished by the auditor	100914
to the ~~newspapers~~newspaper selected to publish the lists at	100915
least ten days before their first publication.	100916

(2) Publication of the list or lists may be made by a	100917
newspaper in installments, provided the complete publication of	100918
each list is made twice during the sixty-day period.	100919

(3) There shall be attached to the delinquent tax list a	100920
notice that the delinquent lands will be certified for foreclosure	100921
by the auditor unless the taxes, assessments, interest, and	100922
penalties due and owing on them are paid. There shall be attached	100923
to the delinquent vacant land tax list, if it is to be published,	100924
a notice that delinquent vacant lands will be certified for	100925
foreclosure or foreclosure and forfeiture by the auditor unless	100926
the taxes, assessments, interest, and penalties due and owing on	100927
them are paid within twenty-eight days after the final publication	100928
of the notice.	100929

(4) The auditor shall review the first publication of each	100930
list for accuracy and completeness and may correct any errors	100931
appearing in the list in the second publication.	100932

(C) For the purposes of section 5721.18 of the Revised Code,	100933
land is first certified delinquent on the date of the	100934
certification of the delinquent land list containing that land.	100935

Sec. 5721.04. The proper and necessary expenses of	100936
publishing the delinquent tax lists, delinquent vacant land tax	100937
lists, and display notices provided for by sections 5719.04 and	100938
5721.03 of the Revised Code shall be paid from the county treasury	100939
as county expenses are paid, and the board of county commissioners	100940
shall make provision for them in the annual budget of the county	100941
submitted to the budget commission, and shall make the necessary	100942
appropriations. If the board fails to make such appropriations, or	100943
if an appropriation is insufficient to meet such an expense, any	100944
person interested may apply to the court of common pleas of the	100945
county for an allowance to cover the expense, and the court shall	100946
issue an order instructing the county auditor to issue ~~his~~a	100947
warrant upon the county treasurer for the amount necessary. The	100948
order by the court shall be final and shall be complied with	100949
immediately.	100950

The aggregate amount paid ~~shall~~for publication may be	100951
apportioned by the county auditor among the taxing districts in	100952
which the lands on each list are located in proportion to the	100953
amount of delinquent taxes so advertised in such subdivision, or	100954
the county auditor may charge the property owner of land on a list	100955
a flat fee established under section 319.54 of the Revised Code	100956
for the cost of publishing the list and, if the fee is not paid,	100957
may place the fee upon the tax duplicate as a lien on the land, to	100958
be collected as other taxes. Thereafter, the auditor, in making	100959
~~his~~the auditor's semiannual apportionment of funds, shall retain	100960
at each semiannual apportionment one half the amount apportioned	100961
to each such taxing district. The amounts retained shall be	100962
credited to the general fund of the county until the aggregate of	100963
all amounts paid in the first instance out of the treasury have	100964
been fully reimbursed.	100965

Sec. 5721.18. The county prosecuting attorney, upon the	100966
delivery to the prosecuting attorney by the county auditor of a	100967
delinquent land or delinquent vacant land tax certificate, or of a	100968
master list of delinquent or delinquent vacant tracts, shall	100969
institute a foreclosure proceeding under this section in the name	100970
of the county treasurer to foreclose the lien of the state, in any	100971
court with jurisdiction or in the county board of revision with	100972
jurisdiction pursuant to section 323.66 of the Revised Code,	100973
unless the taxes, assessments, charges, penalties, and interest	100974
are paid prior to the time a complaint is filed, or unless a	100975
foreclosure or foreclosure and forfeiture action has been or will	100976
be instituted under section 323.25, sections 323.65 to 323.79, or	100977
section 5721.14 of the Revised Code. If the delinquent land or	100978
delinquent vacant land tax certificate or the master list of	100979
delinquent or delinquent vacant tracts lists minerals or rights to	100980
minerals listed pursuant to sections 5713.04, 5713.05, and 5713.06	100981
of the Revised Code, the county prosecuting attorney may institute	100982
a foreclosure proceeding in the name of the county treasurer, in	100983
any court with jurisdiction, to foreclose the lien of the state	100984
against such minerals or rights to minerals, unless the taxes,	100985
assessments, charges, penalties, and interest are paid prior to	100986
the time the complaint is filed, or unless a foreclosure or	100987
foreclosure and forfeiture action has been or will be instituted	100988
under section 323.25, sections 323.65 to 323.79, or section	100989
5721.14 of the Revised Code.	100990

The prosecuting attorney shall prosecute the proceeding to	100991
final judgment and satisfaction. Within ten days after obtaining a	100992
judgment, the prosecuting attorney shall notify the treasurer in	100993
writing that judgment has been rendered. If there is a copy of a	100994
written delinquent tax contract attached to the certificate or an	100995
asterisk next to an entry on the master list, or if a copy of a	100996
delinquent tax contract is received from the auditor prior to the	100997
commencement of the proceeding under this section, the prosecuting	100998
attorney shall not institute the proceeding under this section,	100999
unless the prosecuting attorney receives a certification of the	101000
treasurer that the delinquent tax contract has become void.	101001

(A) This division applies to all foreclosure proceedings not	101002
instituted and prosecuted under section 323.25 of the Revised Code	101003
or division (B) or (C) of this section. The foreclosure	101004
proceedings shall be instituted and prosecuted in the same manner	101005
as is provided by law for the foreclosure of mortgages on land,	101006
except that, if service by publication is necessary, such	101007
publication shall be made once a week for three consecutive weeks	101008
instead of as provided by the Rules of Civil Procedure, and the	101009
service shall be complete at the expiration of three weeks after	101010
the date of the first publication. In any proceeding prosecuted	101011
under this section, if the prosecuting attorney determines that	101012
service upon a defendant may be obtained ultimately only by	101013
publication, the prosecuting attorney may cause service to be made	101014
simultaneously by certified mail, return receipt requested,	101015
ordinary mail, and publication.	101016

In any county that has adopted a permanent parcel number	101017
system, the parcel may be described in the notice by parcel number	101018
only, instead of also with a complete legal description, if the	101019
prosecuting attorney determines that the publication of the	101020
complete legal description is not necessary to provide reasonable	101021
notice of the foreclosure proceeding to the interested parties. If	101022
the complete legal description is not published, the notice shall	101023
indicate where the complete legal description may be obtained.	101024

It is sufficient, having been made a proper party to the	101025
foreclosure proceeding, for the treasurer to allege in the	101026
treasurer's complaint that the certificate or master list has been	101027
duly filed by the auditor, that the amount of money appearing to	101028
be due and unpaid is due and unpaid, and that there is a lien	101029
against the property described in the certificate or master list,	101030
without setting forth in the complaint any other or special matter	101031
relating to the foreclosure proceeding. The prayer of the	101032
complaint shall be that the court or the county board of revision	101033
with jurisdiction pursuant to section 323.66 of the Revised Code	101034
issue an order that the property be sold or conveyed by the	101035
sheriff or otherwise be disposed of, and the equity of redemption	101036
be extinguished, according to the alternative redemption	101037
procedures prescribed in sections 323.65 to 323.79 of the Revised	101038
Code, or if the action is in the municipal court by the bailiff,	101039
in the manner provided in section 5721.19 of the Revised Code.	101040

In the foreclosure proceeding, the treasurer may join in one	101041
action any number of lots or lands, but the decree shall be	101042
rendered separately, and any proceedings may be severed, in the	101043
discretion of the court or board of revision, for the purpose of	101044
trial or appeal, and the court or board of revision shall make	101045
such order for the payment of costs as is considered proper. The	101046
certificate or master list filed by the auditor with the	101047
prosecuting attorney is prima-facie evidence at the trial of the	101048
foreclosure action of the amount and validity of the taxes,	101049
assessments, charges, penalties, and interest appearing due and	101050
unpaid and of their nonpayment.	101051

(B) Foreclosure proceedings constituting an action in rem may	101052
be commenced by the filing of a complaint after the end of the	101053
second year from the date on which the delinquency was first	101054
certified by the auditor. Prior to filing such an action in rem,	101055
the prosecuting attorney shall cause a title search to be	101056
conducted for the purpose of identifying any lienholders or other	101057
persons with interests in the property subject to foreclosure.	101058
Following the title search, the action in rem shall be instituted	101059
by filing in the office of the clerk of a court with jurisdiction	101060
a complaint bearing a caption substantially in the form set forth	101061
in division (A) of section 5721.181 of the Revised Code.	101062

Any number of parcels may be joined in one action. Each	101063
separate parcel included in a complaint shall be given a serial	101064
number and shall be separately indexed and docketed by the clerk	101065
of the court in a book kept by the clerk for such purpose. A	101066
complaint shall contain the permanent parcel number of each parcel	101067
included in it, the full street address of the parcel when	101068
available, a description of the parcel as set forth in the	101069
certificate or master list, the name and address of the last known	101070
owner of the parcel if they appear on the general tax list, the	101071
name and address of each lienholder and other person with an	101072
interest in the parcel identified in the title search relating to	101073
the parcel that is required by this division, and the amount of	101074
taxes, assessments, charges, penalties, and interest due and	101075
unpaid with respect to the parcel. It is sufficient for the	101076
treasurer to allege in the complaint that the certificate or	101077
master list has been duly filed by the auditor with respect to	101078
each parcel listed, that the amount of money with respect to each	101079
parcel appearing to be due and unpaid is due and unpaid, and that	101080
there is a lien against each parcel, without setting forth any	101081
other or special matters. The prayer of the complaint shall be	101082
that the court issue an order that the land described in the	101083
complaint be sold in the manner provided in section 5721.19 of the	101084
Revised Code.	101085

(1) Within thirty days after the filing of a complaint, the	101086
clerk of the court in which the complaint was filed shall cause a	101087
notice of foreclosure substantially in the form of the notice set	101088
forth in division (B) of section 5721.181 of the Revised Code to	101089
be published once a week for three consecutive weeks in a	101090
newspaper of general circulation in the county. The newspaper	101091
shall meet the requirements of section 7.12 of the Revised Code.	101092
In any county that has adopted a permanent parcel number system,	101093
the parcel may be described in the notice by parcel number only,	101094
instead of also with a complete legal description, if the	101095
prosecuting attorney determines that the publication of the	101096
complete legal description is not necessary to provide reasonable	101097
notice of the foreclosure proceeding to the interested parties. If	101098
the complete legal description is not published, the notice shall	101099
indicate where the complete legal description may be obtained.	101100

After the third publication, the publisher shall file with	101101
the clerk of the court an affidavit stating the fact of the	101102
publication and including a copy of the notice of foreclosure as	101103
published. Service of process for purposes of the action in rem	101104
shall be considered as complete on the date of the last	101105
publication.	101106

Within thirty days after the filing of a complaint and before	101107
the final date of publication of the notice of foreclosure, the	101108
clerk of the court also shall cause a copy of a notice	101109
substantially in the form of the notice set forth in division (C)	101110
of section 5721.181 of the Revised Code to be mailed by certified	101111
mail, with postage prepaid, to each person named in the complaint	101112
as being the last known owner of a parcel included in it, or as	101113
being a lienholder or other person with an interest in a parcel	101114
included in it. The notice shall be sent to the address of each	101115
such person, as set forth in the complaint, and the clerk shall	101116
enter the fact of such mailing upon the appearance docket. If the	101117
name and address of the last known owner of a parcel included in a	101118
complaint is not set forth in it, the auditor shall file an	101119
affidavit with the clerk stating that the name and address of the	101120
last known owner does not appear on the general tax list.	101121

(2)(a) An answer may be filed in an action in rem under this	101122
division by any person owning or claiming any right, title, or	101123
interest in, or lien upon, any parcel described in the complaint.	101124
The answer shall contain the caption and number of the action and	101125
the serial number of the parcel concerned. The answer shall set	101126
forth the nature and amount of interest claimed in the parcel and	101127
any defense or objection to the foreclosure of the lien of the	101128
state for delinquent taxes, assessments, charges, penalties, and	101129
interest as shown in the complaint. The answer shall be filed in	101130
the office of the clerk of the court, and a copy of the answer	101131
shall be served on the prosecuting attorney, not later than	101132
twenty-eight days after the date of final publication of the	101133
notice of foreclosure. If an answer is not filed within such time,	101134
a default judgment may be taken as to any parcel included in a	101135
complaint as to which no answer has been filed. A default judgment	101136
is valid and effective with respect to all persons owning or	101137
claiming any right, title, or interest in, or lien upon, any such	101138
parcel, notwithstanding that one or more of such persons are	101139
minors, incompetents, absentees or nonresidents of the state, or	101140
convicts in confinement.	101141

(b)(i) A receiver appointed pursuant to divisions (C)(2) and	101142
(3) of section 3767.41 of the Revised Code may file an answer	101143
pursuant to division (B)(2)(a) of this section, but is not	101144
required to do so as a condition of receiving proceeds in a	101145
distribution under division (B)(1) of section 5721.17 of the	101146
Revised Code.	101147

(ii) When a receivership under section 3767.41 of the Revised	101148
Code is associated with a parcel, the notice of foreclosure set	101149
forth in division (B) of section 5721.181 of the Revised Code and	101150
the notice set forth in division (C) of that section shall be	101151
modified to reflect the provisions of division (B)(2)(b)(i) of	101152
this section.	101153

(3) At the trial of an action in rem under this division, the	101154
certificate or master list filed by the auditor with the	101155
prosecuting attorney shall be prima-facie evidence of the amount	101156
and validity of the taxes, assessments, charges, penalties, and	101157
interest appearing due and unpaid on the parcel to which the	101158
certificate or master list relates and their nonpayment. If an	101159
answer is properly filed, the court may, in its discretion, and	101160
shall, at the request of the person filing the answer, grant a	101161
severance of the proceedings as to any parcel described in such	101162
answer for purposes of trial or appeal.	101163

(C) In addition to the actions in rem authorized under	101164
division (B) of this section and section 5721.14 of the Revised	101165
Code, an action in rem may be commenced under this division. An	101166
action commenced under this division shall conform to all of the	101167
requirements of division (B) of this section except as follows:	101168

(1) The prosecuting attorney shall not cause a title search	101169
to be conducted for the purpose of identifying any lienholders or	101170
other persons with interests in the property subject to	101171
foreclosure, except that the prosecuting attorney shall cause a	101172
title search to be conducted to identify any receiver's lien.	101173

(2) The names and addresses of lienholders and persons with	101174
an interest in the parcel shall not be contained in the complaint,	101175
and notice shall not be mailed to lienholders and persons with an	101176
interest as provided in division (B)(1) of this section, except	101177
that the name and address of a receiver under section 3767.41 of	101178
the Revised Code shall be contained in the complaint and notice	101179
shall be mailed to the receiver.	101180

(3) With respect to the forms applicable to actions commenced	101181
under division (B) of this section and contained in section	101182
5721.181 of the Revised Code:	101183

(a) The notice of foreclosure prescribed by division (B) of	101184
section 5721.181 of the Revised Code shall be revised to exclude	101185
any reference to the inclusion of the name and address of each	101186
lienholder and other person with an interest in the parcel	101187
identified in a statutorily required title search relating to the	101188
parcel, and to exclude any such names and addresses from the	101189
published notice, except that the revised notice shall refer to	101190
the inclusion of the name and address of a receiver under section	101191
3767.41 of the Revised Code and the published notice shall include	101192
the receiver's name and address. The notice of foreclosure also	101193
shall include the following in boldface type:	101194

"If pursuant to the action the parcel is sold, the sale shall	101195
not affect or extinguish any lien or encumbrance with respect to	101196
the parcel other than a receiver's lien and other than the lien	101197
for land taxes, assessments, charges, interest, and penalties for	101198
which the lien is foreclosed and in satisfaction of which the	101199
property is sold. All other liens and encumbrances with respect to	101200
the parcel shall survive the sale."	101201

(b) The notice to the owner, lienholders, and other persons	101202
with an interest in a parcel shall be a notice only to the owner	101203
and to any receiver under section 3767.41 of the Revised Code, and	101204
the last two sentences of the notice shall be omitted.	101205

(4) As used in this division, a "receiver's lien" means the	101206
lien of a receiver appointed pursuant to divisions (C)(2) and (3)	101207
of section 3767.41 of the Revised Code that is acquired pursuant	101208
to division (H)(2)(b) of that section for any unreimbursed	101209
expenses and other amounts paid in accordance with division (F) of	101210
that section by the receiver and for the fees of the receiver	101211
approved pursuant to division (H)(1) of that section.	101212

(D) If the prosecuting attorney determines that an action in	101213
rem under division (B) or (C) of this section is precluded by law,	101214
then foreclosure proceedings shall be filed pursuant to division	101215
(A) of this section, and the complaint in the action in personam	101216
shall set forth the grounds upon which the action in rem is	101217
precluded.	101218

(E) The conveyance by the owner of any parcel against which a	101219
complaint has been filed pursuant to this section at any time	101220
after the date of publication of the parcel on the delinquent tax	101221
list but before the date of a judgment of foreclosure pursuant to	101222
section 5721.19 of the Revised Code shall not nullify the right of	101223
the county to proceed with the foreclosure.	101224

Sec. 5721.30. As used in sections 5721.30 to 5721.43 of the	101225
Revised Code:	101226

(A) "Tax certificate," "certificate," or "duplicate	101227
certificate" means a document that may be issued as a physical	101228
certificate, in book-entry form, or through an electronic medium,	101229
at the discretion of the county treasurer. Such document shall	101230
contain the information required by section 5721.31 of the Revised	101231
Code and shall be prepared, transferred, or redeemed in the manner	101232
prescribed by sections 5721.30 to 5721.43 of the Revised Code. As	101233
used in those sections, "tax certificate," "certificate," and	101234
"duplicate certificate" do not refer to the delinquent land tax	101235
certificate or the delinquent vacant land tax certificate issued	101236
under section 5721.13 of the Revised Code.	101237

(B) "Certificate parcel" means the parcel of delinquent land	101238
that is the subject of and is described in a tax certificate.	101239

(C) "Certificate holder" means a person, including a county	101240
land reutilization corporation, that purchases or otherwise	101241
acquires a tax certificate under section 5721.32, 5721.33, or	101242
5721.42 of the Revised Code, or a person to whom a tax certificate	101243
has been transferred pursuant to section 5721.36 of the Revised	101244
Code.	101245

(D) "Certificate purchase price" means, with respect to the	101246
sale of tax certificates under sections 5721.32, 5721.33, and	101247
5721.42 of the Revised Code, the amount equal to delinquent taxes	101248
charged against a certificate parcel at the time the tax	101249
certificate respecting that parcel is sold or transferred, not	101250
including any delinquent taxes the lien for which has been	101251
conveyed to a certificate holder through a prior sale of a tax	101252
certificate respecting that parcel. Payment of the certificate	101253
purchase price in a sale under section 5721.33 of the Revised Code	101254
may be made wholly in cash or partially in cash and partially by	101255
noncash consideration acceptable to the county treasurer from the	101256
purchaser, and, in the case of a county land reutilization	101257
corporation, with notes. In the event that any such noncash	101258
consideration is delivered to pay a portion of the certificate	101259
purchase price, such noncash consideration may be subordinate to	101260
the rights of the holders of other obligations whose proceeds paid	101261
the cash portion of the certificate purchase price.	101262

"Certificate purchase price" also includes the amount of the	101263
fee charged by the county treasurer to the purchaser of the	101264
certificate under division (H) of section 5721.32 of the Revised	101265
Code.	101266

(E)(1) With respect to a sale of tax certificates under	101267
section 5721.32 of the Revised Code, and except as provided in	101268
division (E)(2) of this section, "certificate redemption price"	101269
means the certificate purchase price plus the greater of the	101270
following:	101271

(a) Simple interest, at the certificate rate of interest,	101272
accruing during the certificate interest period on the certificate	101273
purchase price, calculated in accordance with section 5721.41 of	101274
the Revised Code;	101275

(b) Six per cent of the certificate purchase price.

101276

(2) If the certificate rate of interest equals zero, the	101277
certificate redemption price equals the certificate purchase price	101278
plus the fee charged by the county treasurer to the purchaser of	101279
the certificate under division (H) of section 5721.32 of the	101280
Revised Code.	101281

(F) With respect to a sale or transfer of tax certificates	101282
under section 5721.33 of the Revised Code, "certificate redemption	101283
price" means the amount equal to the sum of the following:	101284

(1) The certificate purchase price;

101285

(2) Interest accrued on the certificate purchase price at the	101286
certificate rate of interest from the date on which a tax	101287
certificate is delivered through and including the day immediately	101288
preceding the day on which the certificate redemption price is	101289
paid;	101290

(3) The fee, if any, charged by the county treasurer to the	101291
purchaser of the certificate under division (J) of section 5721.33	101292
of the Revised Code;	101293

(4) Any other fees charged by any county office in connection	101294
with the recording of tax certificates.	101295

(G) "Certificate rate of interest" means the rate of simple	101296
interest per year bid by the winning bidder in an auction of a tax	101297
certificate held under section 5721.32 of the Revised Code, or the	101298
rate of simple interest per year not to exceed eighteen per cent	101299
per year fixed pursuant to section 5721.42 of the Revised Code or	101300
by the county treasurer with respect to any tax certificate sold	101301
or transferred pursuant to a negotiated sale under section 5721.33	101302
of the Revised Code. The certificate rate of interest shall not be	101303
less than zero per cent per year.	101304

(H) "Cash" means United States currency, certified checks,	101305
money orders, bank drafts, electronic transfer of funds, or other	101306
forms of payment authorized by the county treasurer, and excludes	101307
any other form of payment not so authorized.	101308

(I) "The date on which a tax certificate is sold or	101309
transferred," "the date the certificate was sold or transferred,"	101310
"the date the certificate is purchased," and any other phrase of	101311
similar content mean, with respect to a sale pursuant to an	101312
auction under section 5721.32 of the Revised Code, the date	101313
designated by the county treasurer for the submission of bids and,	101314
with respect to a negotiated sale or transfer under section	101315
5721.33 of the Revised Code, the date of delivery of the tax	101316
certificates to the purchasers thereof pursuant to a tax	101317
certificate sale/purchase agreement.	101318

(J) "Certificate interest period" means, with respect to a	101319
tax certificate sold under section 5721.32 or 5721.42 of the	101320
Revised Code and for the purpose of accruing interest under	101321
section 5721.41 of the Revised Code, the period beginning on the	101322
date on which the certificate is purchased and, with respect to a	101323
tax certificate sold or transferred under section 5721.33 of the	101324
Revised Code, the period beginning on the date of delivery of the	101325
tax certificate, and in either case ending on one of the following	101326
dates:	101327

(1) The date the certificate holder files a request for	101328
foreclosure or notice of intent to foreclose under division (A) of	101329
section 5721.37 of the Revised Code and submits the payment	101330
required under division (B) of that section;	101331

(2) The date the owner of record of the certificate parcel,	101332
or any other person entitled to redeem that parcel, redeems the	101333
certificate parcel under division (A) or (C) of section 5721.38 of	101334
the Revised Code or redeems the certificate under section 5721.381	101335
of the Revised Code.	101336

(K) "Qualified trustee" means a trust company within the	101337
state or a bank having the power of a trust company within the	101338
state with a combined capital stock, surplus, and undivided	101339
profits of at least one hundred million dollars.	101340

(L) "Tax certificate sale/purchase agreement" means the	101341
purchase and sale agreement described in division (C) of section	101342
5721.33 of the Revised Code setting forth the certificate purchase	101343
price, plus any applicable premium or less any applicable	101344
discount, including, without limitation, the amount to be paid in	101345
cash and the amount and nature of any noncash consideration, the	101346
date of delivery of the tax certificates, and the other terms and	101347
conditions of the sale, including, without limitation, the rate of	101348
interest that the tax certificates shall bear.	101349

(M) "Noncash consideration" means any form of consideration	101350
other than cash, including, but not limited to, promissory notes	101351
whether subordinate or otherwise.	101352

(N) "Private attorney" means any attorney licensed to	101353
practice law in this state whose license has not been revoked and	101354
is not currently suspended, and who is retained to bring	101355
foreclosure proceedings pursuant to section 5721.37 of the Revised	101356
Code on behalf of a certificate holder.	101357

(O) "Related certificate parcel" means, with respect to a	101358
certificate holder, the certificate parcel with respect to which	101359
the certificate holder has purchased and holds a tax certificate	101360
pursuant to sections 5721.30 to 5721.43 of the Revised Code and,	101361
with respect to a tax certificate, the certificate parcel against	101362
which the tax certificate has been sold pursuant to those	101363
sections.	101364

(P) "Delinquent taxes" means delinquent taxes as defined in	101365
section 323.01 of the Revised Code and includes assessments and	101366
charges, and penalties and interest computed under section 323.121	101367
of the Revised Code.	101368

(Q) "Certificate period" means the period of time after the	101369
sale or delivery of a tax certificate within which a certificate	101370
holder must initiate an action to foreclose the tax lien	101371
represented by the certificate as specified under division (A) of	101372
section 5721.32 of the Revised Code or as negotiated under section	101373
5721.33 of the Revised Code.	101374

Sec. 5721.31. (A)(1) After receipt of a duplicate of the	101375
delinquent land list compiled under section 5721.011 of the	101376
Revised Code, or a delinquent land list compiled previously under	101377
that section, the county treasurer may select from the list	101378
parcels of delinquent land the lien against which the county	101379
treasurer may attempt to transfer by the sale of tax certificates	101380
under sections 5721.30 to 5721.43 of the Revised Code. None of the	101381
following parcels may be selected for a tax certificate sale:	101382

(a) A parcel for which the full amount of taxes, assessments,	101383
penalties, interest, and charges have been paid;	101384

(b) A parcel for which a valid contract under section	101385
323.122, 323.31, or 5713.20 of the Revised Code is in force;	101386

(c) A parcel the owner of which has filed a petition in	101387
bankruptcy, so long as the parcel is property of the bankruptcy	101388
estate.	101389

(2) The county treasurer shall compile a separate list of	101390
parcels selected for tax certificate sales, including the same	101391
information as is required to be included in the delinquent land	101392
list.	101393

Upon compiling the list of parcels selected for tax	101394
certificate sales, the county treasurer may conduct a title search	101395
for any parcel on the list.	101396

(B)(1) Except as otherwise provided in division (B)(3) of	101397
this section, when tax certificates are to be sold under section	101398
5721.32 of the Revised Code with respect to parcels, the county	101399
treasurer shall send written notice by certified mail to either	101400
the owner of record or all interested parties discoverable through	101401
a title search, or both, of each parcel on the list. A notice to	101402
an owner shall be sent to the owner's last known tax-mailing	101403
address. The notice shall inform the owner or interested parties	101404
that a tax certificate will be offered for sale on the parcel, and	101405
that the owner or interested parties may incur additional expenses	101406
as a result of the sale.	101407

(2) Except as otherwise provided in division (B)(3) of this	101408
section, when tax certificates are to be sold or transferred under	101409
section 5721.33 of the Revised Code with respect to parcels, the	101410
county treasurer, at least thirty days prior to the date of sale	101411
or transfer of such tax certificates, shall send written notice of	101412
the sale or transfer by certified mail to the last known	101413
tax-mailing address of the record owner of the property or parcel	101414
and may send such notice to all parties with an interest in the	101415
property that has been recorded in the property records of the	101416
county pursuant to section 317.08 of the Revised Code. The notice	101417
shall state that a tax certificate will be offered for sale or	101418
transfer on the parcel, and that the owner or interested parties	101419
may incur additional expenses as a result of the sale or transfer.	101420

(3) The county treasurer is not required to send a notice	101421
under division (B)(1) or (B)(2) of this section if the treasurer	101422
previously has attempted to send such notice to the owner of the	101423
parcel and the notice has been returned by the post office as	101424
undeliverable. The absence of a valid tax-mailing address for the	101425
owner of a parcel does not preclude the county treasurer from	101426
selling or transferring a tax certificate for the parcel.	101427

(C) The county treasurer shall advertise the sale of tax	101428
certificates under section 5721.32 of the Revised Code in a	101429
newspaper of general circulation in the county, once a week for	101430
two consecutive weeks. The newspaper shall meet the requirements	101431
of section 7.12 of the Revised Code. The advertisement shall	101432
include the date, the time, and the place of the public auction,	101433
abbreviated legal descriptions of the parcels, and the names of	101434
the owners of record of the parcels. The advertisement also shall	101435
include the certificate purchase prices of the parcels or the	101436
total purchase price of tax certificates for sale in blocks of tax	101437
certificates.	101438

(D) After the county treasurer has compiled the list of	101439
parcels selected for tax certificate sales but before a tax	101440
certificate respecting a parcel is sold or transferred, if the	101441
owner of record of the parcel pays to the county treasurer in cash	101442
the delinquent taxes respecting the parcel or otherwise acts so	101443
that any condition in division (A)(1)(a), (b), or (c) of this	101444
section applies to the parcel, the owner of record of the parcel	101445
also shall pay a fee in an amount prescribed by the treasurer to	101446
cover the administrative costs of the treasurer under this section	101447
respecting the parcel. The fee shall be deposited in the county	101448
treasury to the credit of the tax certificate administration fund.	101449

(E) A tax certificate administration fund shall be created in	101450
the county treasury of each county selling tax certificates under	101451
sections 5721.30 to 5721.43 of the Revised Code. The fund shall be	101452
administered by the county treasurer, and used solely for the	101453
purposes of sections 5721.30 to 5721.43 of the Revised Code or as	101454
otherwise permitted in this division. Any fee received by the	101455
treasurer under sections 5721.30 to 5721.43 of the Revised Code	101456
shall be credited to the fund, except the bidder registration fee	101457
under division (B) of section 5721.32 of the Revised Code and the	101458
county prosecuting attorney's fee under division (B)(3) of section	101459
5721.37 of the Revised Code. To the extent there is a surplus in	101460
the fund from time to time, the surplus may, with the approval of	101461
the county treasurer, be utilized for the purposes of a county	101462
land reutilization corporation operating in the county.	101463

(F) The county treasurers of more than one county may jointly	101464
conduct a regional sale of tax certificates under section 5721.32	101465
of the Revised Code. A regional sale shall be held at a single	101466
location in one county, where the tax certificates from each of	101467
the participating counties shall be offered for sale at public	101468
auction. Before the regional sale, each county treasurer shall	101469
advertise the sale for the parcels in the treasurer's county as	101470
required by division (C) of this section. At the regional sale,	101471
tax certificates shall be sold on parcels from one county at a	101472
time, with all of the certificates for one county offered for sale	101473
before any certificates for the next county are offered for sale.	101474

(G) The tax commissioner shall prescribe the form of the tax	101475
certificate under this section, and county treasurers shall use	101476
the form so prescribed.	101477

Sec. 5721.32. (A) The sale of tax certificates by public	101478
auction may be conducted at any time after completion of the	101479
advertising of the sale under section 5721.31 of the Revised Code,	101480
on the date and at the time and place designated in the	101481
advertisements, and may be continued from time to time as the	101482
county treasurer directs. The county treasurer may offer the tax	101483
certificates for sale in blocks of tax certificates, consisting of	101484
any number of tax certificates as determined by the county	101485
treasurer, and may specify a certificate period of not less than	101486
three years and not more than six years.	101487

(B)(1) The sale of tax certificates under this section shall	101488
be conducted at a public auction by the county treasurer or a	101489
designee of the county treasurer.	101490

(2) No person shall be permitted to bid without completing a	101491
bidder registration form, in the form prescribed by the tax	101492
commissioner, and without filing the form with the county	101493
treasurer prior to the start of the auction, together with	101494
remittance of a registration fee, in cash, of five hundred	101495
dollars. The bidder registration form shall include a tax	101496
identification number of the registrant. The registration fee is	101497
refundable at the end of bidding on the day of the auction, unless	101498
the registrant is the winning bidder for one or more tax	101499
certificates or one or more blocks of tax certificates, in which	101500
case the fee may be applied toward the deposit required by this	101501
section.	101502

(3) The county treasurer may require a person who wishes to	101503
bid on one or more parcels to submit a letter from a financial	101504
institution stating that the bidder has sufficient funds available	101505
to pay the purchase price of the parcels and a written	101506
authorization for the treasurer to verify such information with	101507
the financial institution. The county treasurer may require	101508
submission of the letter and authorization sufficiently in advance	101509
of the auction to allow for verification. No person who fails to	101510
submit the required letter and authorization, or whose financial	101511
institution fails to provide the requested verification, shall be	101512
permitted to bid.	101513

(C) At the public auction, the county treasurer or the	101514
treasurer's designee or agent shall begin the bidding at eighteen	101515
per cent per year simple interest, and accept lower bids in even	101516
increments of one-fourth of one per cent to the rate of zero per	101517
cent. The county treasurer, designee, or agent shall award the tax	101518
certificate to the person bidding the lowest certificate rate of	101519
interest. The county treasurer shall decide which person is the	101520
winning bidder in the event of a tie for the lowest bid offered,	101521
or if a person contests the lowest bid offered. The county	101522
treasurer's decision is not appealable.	101523

(D)(1) The winning bidder shall pay the county treasurer a	101524
cash deposit of at least ten per cent of the certificate purchase	101525
price not later than the close of business on the day of the sale.	101526
The winning bidder shall pay the balance and the fee required	101527
under division (H) of this section not later than five business	101528
days after the day on which the certificate is sold. Except as	101529
provided under division (D)(2) of this section, if the winning	101530
bidder fails to pay the balance and fee within the prescribed	101531
time, the bidder forfeits the deposit, and the county treasurer	101532
shall retain the tax certificate and may attempt to sell it at any	101533
auction conducted at a later date.	101534

(2) At the request of a winning bidder, the county treasurer	101535
may release the bidder from the bidder's tax certificate purchase	101536
obligation. The county treasurer may retain all or any portion of	101537
the deposit of a bidder granted a release. After granting a	101538
release under this division, the county treasurer may award the	101539
tax certificate to the person that submitted the second lowest bid	101540
at the auction.	101541

(3) The county treasurer shall deposit the deposit forfeited	101542
or retained under divisions (D)(1) or (2) of this section in the	101543
county treasury to the credit of the tax certificate	101544
administration fund.	101545

(E) Upon receipt of the full payment of the certificate	101546
purchase price from the purchaser, the county treasurer shall	101547
issue the tax certificate and record the tax certificate sale by	101548
entering into a tax certificate register the certificate purchase	101549
price, the certificate rate of interest, the date the certificate	101550
was sold, the certificate period, the name and address of the	101551
certificate holder, and any other information the county treasurer	101552
considers necessary. The county treasurer may keep the tax	101553
certificate register in a hard-copy format or in an electronic	101554
format. The name and address of the certificate holder may be,	101555
upon receipt of instructions from the purchaser, that of the	101556
secured party of the actual purchaser, or an agent or custodian	101557
for the purchaser or secured party. The county treasurer also	101558
shall transfer the tax certificate to the certificate holder. The	101559
county treasurer shall apportion the part of the proceeds from the	101560
sale representing taxes, penalties, and interest among the several	101561
taxing districts in the same proportion that the amount of taxes	101562
levied by each district against the certificate parcel in the	101563
preceding tax year bears to the taxes levied by all such districts	101564
against the certificate parcel in the preceding tax year, and	101565
credit the part of the proceeds representing assessments and other	101566
charges to the items of assessments and charges in the order in	101567
which those items became due. Upon issuing a tax certificate, the	101568
delinquent taxes that make up the certificate purchase price are	101569
transferred, and the superior lien of the state and its taxing	101570
districts for those delinquent taxes is conveyed intact to the	101571
certificate holder.	101572

(F) If a tax certificate is offered for sale under this	101573
section but is not sold, the county treasurer may sell the	101574
certificate in a negotiated sale authorized under section 5721.33	101575
of the Revised Code, or may strike the corresponding certificate	101576
parcel from the list of parcels selected for tax certificate	101577
sales. The lien for taxes, assessments, charges, penalties, and	101578
interest against a parcel stricken from the list thereafter may be	101579
foreclosed in the manner prescribed by section 323.25, sections	101580
323.65 to 323.79, or section 5721.14 or 5721.18 of the Revised	101581
Code unless, prior to the institution of such proceedings against	101582
the parcel, the county treasurer restores the parcel to the list	101583
of parcels selected for tax certificate sales.	101584

(G) A certificate holder shall not be liable for damages	101585
arising from a violation of sections 3737.87 to 3737.891 or	101586
Chapter 3704., 3734., 3745., 3746., 3750., 3751., 3752., 6109., or	101587
6111. of the Revised Code, or a rule adopted or order, permit,	101588
license, variance, or plan approval issued under any of those	101589
chapters, that is or was committed by another person in connection	101590
with the parcel for which the tax certificate is held.	101591

(H) When selling a tax certificate under this section, the	101592
county treasurer shall charge a fee to the purchaser of the	101593
certificate. The county treasurer shall set the fee at a	101594
reasonable amount that covers the treasurer's costs of	101595
administering the sale of the tax certificate. The county	101596
treasurer shall deposit the fee in the county treasury to the	101597
credit of the tax certificate administration fund.	101598

(I) After selling a tax certificate under this section, the	101599
county treasurer shall send written notice by certified mail to	101600
the owner of the certificate parcel at the owner's last known	101601
tax-mailing address. The notice shall inform the owner that the	101602
tax certificate was sold, shall describe the owner's options to	101603
redeem the parcel, including entering into a redemption payment	101604
plan under division (C)(1) of section 5721.38 of the Revised Code,	101605
and shall name the certificate holder and its secured party, if	101606
any. However, the county treasurer is not required to send a	101607
notice under this division if the treasurer previously has	101608
attempted to send a notice to the owner of the parcel at the	101609
owner's last known tax-mailing address, and the postal service has	101610
returned the notice as undeliverable.	101611

(J) A tax certificate shall not be sold to the owner of the	101612
certificate parcel.	101613

Sec. 5721.37. (A)(1) ~~Division (A)(1) of this section~~	101614
~~applies to tax certificates purchased under section 5721.32 of the~~	101615
~~Revised Code, or under section 5721.42 of the Revised Code by the~~	101616
~~holder of a certificate issued under section 5721.32 of the~~	101617
~~Revised Code.~~ At any time after one year from the date shown on	101618
the tax certificate as the date the tax certificate was sold, and	101619
not later than ~~six years after that date~~the end of the	101620
certificate period, a certificate holder, except for a county land	101621
reutilization corporation, may file with the county treasurer a	101622
request for foreclosure, or a private attorney on behalf of the	101623
certificate holder may file with the county treasurer a notice of	101624
intent to foreclose, on a form prescribed by the tax commissioner,	101625
provided the certificate parcel has not been redeemed under	101626
division (A) or (C) of section 5721.38 of the Revised Code and at	101627
least one certificate respecting the certificate parcel, held by	101628
the certificate holder filing the request for foreclosure or	101629
notice of intent to foreclose and eligible to be enforced through	101630
a foreclosure proceeding, has not been voided under section	101631
5721.381 of the Revised Code. If the certificate holder is a	101632
county land reutilization corporation, the corporation may	101633
institute a foreclosure action under the statutes pertaining to	101634
the foreclosure of mortgages or as permitted under sections 323.65	101635
to 323.79 of the Revised Code at any time after it acquires the	101636
tax certificate.	101637

(2) ~~Division (A)(2) of this section applies to tax~~	101638
~~certificates purchased under section 5721.33 of the Revised Code~~	101639
~~or under section 5721.42 of the Revised Code by the holder of a~~	101640
~~certificate issued under section 5721.33 of the Revised Code. At~~	101641
~~any time after one year from the date shown on the tax certificate~~	101642
~~as the date the tax certificate was sold, and not later than six~~	101643
~~years after that date or any extension of that date pursuant to~~	101644
~~division (C)(2) of section 5721.38 of the Revised Code, or not~~	101645
~~earlier or later than the dates negotiated by the county treasurer~~	101646
~~and specified in the tax certificate sale/purchase agreement, the~~	101647
~~certificate holder may file with the county treasurer a request~~	101648
~~for foreclosure, or a private attorney on behalf of a certificate~~	101649
~~holder other than a county land reutilization corporation may file~~	101650
~~with the county treasurer a notice of intent to foreclose, on a~~	101651
~~form prescribed by the tax commissioner, provided the parcel has~~	101652
~~not been redeemed under division (A) or (C) of section 5721.38 of~~	101653
~~the Revised Code and at least one certificate respecting the~~	101654
~~certificate parcel, held by the certificate holder filing the~~	101655
~~request for foreclosure or notice of intent to foreclose and~~	101656
~~eligible to be enforced through a foreclosure proceeding, has not~~	101657
~~been voided under section 5721.381 of the Revised Code. If the~~	101658
~~certificate holder is a county land reutilization corporation, the~~	101659
~~corporation may institute a foreclosure action under the statutes~~	101660
~~pertaining to the foreclosure of mortgages or as permitted under~~	101661
~~sections 323.65 to 323.79 of the Revised Code at any time after it~~	101662
~~acquires the tax certificate.~~	101663

~~(3)(a) Division (A)(3)(a) of this section applies to a tax~~	101664
~~certificate purchased under section 5721.32 of the Revised Code,~~	101665
~~or under section 5721.42 of the Revised Code by the holder of a~~	101666
~~certificate issued under section 5721.32 of the Revised Code, and~~	101667
~~not held by a county land reutilization corporation. If, before~~	101668
~~the expiration of six years after the date a tax certificate was~~	101669
~~sold, the owner of the property for which the certificate was sold~~	101670
~~files a petition in bankruptcy, the county treasurer, upon being~~	101671
~~notified of the filing of the petition, shall notify the~~	101672
~~certificate holder by ordinary first-class or certified mail or by~~	101673
~~binary means of the filing of the petition. It is the obligation~~	101674
~~of the certificate holder to file a proof of claim with the~~	101675
~~bankruptcy court to protect the holder's interest in the~~	101676
~~certificate parcel. The last day on which the certificate holder~~	101677
~~may file a request for foreclosure or the private attorney may~~	101678
~~file a notice of intent to foreclose is the later of six years~~	101679
~~after the date the certificate was sold or one hundred eighty days~~	101680
~~after the certificate parcel is no longer property of the~~	101681
~~bankruptcy estate; however, the six-year period measured from the~~	101682
~~date the certificate was sold is tolled while the property owner's~~	101683
~~bankruptcy case remains open.~~	101684

~~(b) Division (A)(3)(b) of this section applies to a tax~~	101685
~~certificate purchased under section 5721.33 of the Revised Code,~~	101686
~~or under section 5721.42 of the Revised Code by the holder of a~~	101687
~~certificate issued under section 5721.33 of the Revised Code, and~~	101688
~~not held by a county land reutilization corporation. If, before~~	101689
~~six years after the date a tax certificate was sold or before the~~	101690
~~date negotiated by the county treasurer~~If, before the expiration	101691
of the certificate period, the owner of the property files a	101692
petition in bankruptcy, the county treasurer, upon being notified	101693
of the filing of the petition, shall notify the certificate holder	101694
by ordinary first-class or certified mail or by binary means of	101695
the filing of the petition. It is the obligation of the	101696
certificate holder to file a proof of claim with the bankruptcy	101697
court to protect the holder's interest in the certificate parcel.	101698
The last day on which the certificate holder may file a request	101699
for foreclosure or a notice of intent to foreclose is the later of	101700
~~six years after the date the tax certificate was sold or the date~~	101701
~~negotiated by the county treasurer,~~the expiration of the	101702
certificate period or one hundred eighty days after the	101703
certificate parcel is no longer property of the bankruptcy estate;	101704
however, the ~~six-year or negotiated period being measured after~~	101705
~~the date the certificate was sold~~certificate period is tolled	101706
while the property owner's bankruptcy case remains open. If the	101707
certificate holder is a county land reutilization corporation, the	101708
corporation may institute a foreclosure action under the statutes	101709
pertaining to the foreclosure of mortgages or as permitted under	101710
sections 323.65 to 323.79 of the Revised Code at any time after it	101711
acquires such tax certificate, subject to any restrictions under	101712
such bankruptcy law or proceeding.	101713

~~(c)~~ Interest at the certificate rate of interest continues to	101714
accrue during any extension of time required by division ~~(A)(3)(a)~~	101715
~~or (b)~~(A)(2) of this section unless otherwise provided under Title	101716
11 of the United States Code.	101717

~~(4)~~(3) If, before the expiration of three years from the date	101718
a tax certificate was sold, the owner of property for which the	101719
certificate was sold applies for an exemption under section	101720
3735.67 or 5715.27 of the Revised Code or under any other section	101721
of the Revised Code under the jurisdiction of the director of	101722
environmental protection, the county treasurer shall notify the	101723
certificate holder by ordinary first-class or certified mail or by	101724
binary means of the filing of the application. Once a	101725
determination has been made on the exemption application, the	101726
county treasurer shall notify the certificate holder of the	101727
determination by ordinary first-class or certified mail or by	101728
binary means. Except with respect to a county land reutilization	101729
corporation, the last day on which the certificate holder may file	101730
a request for foreclosure shall be the later of three years from	101731
the date the certificate was sold or forty-five days after notice	101732
of the determination was provided.	101733

(B) When a request for foreclosure or a notice of intent to	101734
foreclose is filed under ~~division (A)(1) or (2) of~~ this section,	101735
the certificate holder shall submit a payment to the county	101736
treasurer equal to the sum of the following:	101737

(1) The certificate redemption prices of all outstanding tax	101738
certificates that have been sold on the parcel, other than tax	101739
certificates held by the person requesting foreclosure;	101740

(2) Any taxes, assessments, penalties, interest, and charges	101741
appearing on the tax duplicate charged against the certificate	101742
parcel that is the subject of the foreclosure proceedings and that	101743
are not covered by a tax certificate, but such amounts are not	101744
payable if the certificate holder is a county land reutilization	101745
corporation;	101746

(3) If the foreclosure proceedings are filed by the county	101747
prosecuting attorney pursuant to section 323.25, sections 323.65	101748
to 323.79, or section 5721.14 or 5721.18 of the Revised Code, a	101749
fee in the amount prescribed by the county prosecuting attorney to	101750
cover the prosecuting attorney's legal costs incurred in the	101751
foreclosure proceeding.	101752

(C)(1) With respect to a certificate purchased under section	101753
5721.32, 5721.33, or 5721.42 of the Revised Code, if the	101754
certificate parcel has not been redeemed and at least one	101755
certificate respecting the certificate parcel, held by the	101756
certificate holder filing the request for foreclosure and eligible	101757
to be enforced through a foreclosure proceeding, has not been	101758
voided under section 5721.381 of the Revised Code, the county	101759
treasurer, within five days after receiving a foreclosure request	101760
and the payment required under division (B) of this section, shall	101761
certify notice to that effect to the county prosecuting attorney	101762
and shall provide a copy of the foreclosure request. The county	101763
treasurer also shall send notice by ordinary first class or	101764
certified mail to all certificate holders other than the	101765
certificate holder requesting foreclosure that foreclosure has	101766
been requested by a certificate holder and that payment for the	101767
tax certificates is forthcoming. Within ninety days of receiving	101768
the copy of the foreclosure request, the prosecuting attorney	101769
shall commence a foreclosure proceeding in the name of the county	101770
treasurer in the manner provided under section 323.25, sections	101771
323.65 to 323.79, or section 5721.14 or 5721.18 of the Revised	101772
Code, to enforce the lien vested in the certificate holder by the	101773
certificate. The prosecuting attorney shall attach to the	101774
complaint the foreclosure request and the county treasurer's	101775
written certification.	101776

(2) With respect to a certificate purchased under section	101777
5721.32, 5721.33, or 5721.42 of the Revised Code, if the	101778
certificate parcel has not been redeemed, at least one certificate	101779
respecting the certificate parcel, held by the certificate holder	101780
filing the notice of intent to foreclose and eligible to be	101781
enforced through a foreclosure proceeding, has not been voided	101782
under section 5721.381 of the Revised Code, a notice of intent to	101783
foreclose has been filed, and the payment required under division	101784
(B) of this section has been made, the county treasurer shall	101785
certify notice to that effect to the private attorney. The county	101786
treasurer also shall send notice by ordinary first class or	101787
certified mail or by binary means to all certificate holders other	101788
than the certificate holder represented by the attorney that a	101789
notice of intent to foreclose has been filed and that payment for	101790
the tax certificates is forthcoming. After receipt of the	101791
treasurer's certification and not later than one hundred twenty	101792
days after the filing of the intent to foreclose or the number of	101793
days specified under the terms of a negotiated sale under section	101794
5721.33 of the Revised Code, the private attorney shall commence a	101795
foreclosure proceeding in the name of the certificate holder in	101796
the manner provided under division (F) of this section to enforce	101797
the lien vested in the certificate holder by the certificate. The	101798
private attorney shall attach to the complaint the notice of	101799
intent to foreclose and the county treasurer's written	101800
certification.	101801

(D) The county treasurer shall credit the amount received	101802
under division (B)(1) of this section to the tax certificate	101803
redemption fund. The tax certificates respecting the payment shall	101804
be paid as provided in division (D) of section 5721.38 of the	101805
Revised Code. The amount received under division (B)(2) of this	101806
section shall be distributed to the taxing districts to which the	101807
delinquent and unpaid amounts are owed. The county treasurer shall	101808
deposit the fee received under division (B)(3) of this section in	101809
the county treasury to the credit of the delinquent tax and	101810
assessment collection fund.	101811

(E)(1)~~(a) Except with respect to a county land reutilization~~	101812
~~corporation, if, in the case of a certificate purchased under~~	101813
~~section 5721.32 of the Revised Code, or under section 5721.42 of~~	101814
~~the Revised Code by the holder of a certificate issued under~~	101815
~~section 5721.32 of the Revised Code, the certificate holder does~~	101816
~~not file with the county treasurer a request for foreclosure or a~~	101817
~~notice of intent to foreclose with the required payment within six~~	101818
~~years after the date shown on the tax certificate as the date the~~	101819
~~certificate was sold or within the period provided under division~~	101820
~~(A)(3)(a) of this section, and during that time the certificate~~	101821
~~has not been voided under section 5721.381 of the Revised Code and~~	101822
~~the parcel has not been redeemed or foreclosed upon, the~~	101823
~~certificate holder's lien against the parcel is canceled, and the~~	101824
~~certificate is voided, subject to division (E)(1)(b) of this~~	101825
~~section.~~	101826

~~(b) In the case of any tax certificate purchased under~~	101827
~~section 5721.32 of the Revised Code or under section 5721.42 of~~	101828
~~the Revised Code by the holder of a certificate issued under~~	101829
~~section 5721.32 of the Revised Code prior to June 24, 2008, the~~	101830
~~county treasurer, upon application by the certificate holder, may~~	101831
~~sell to the certificate holder a new certificate extending the~~	101832
~~three-year period prescribed by division (E)(1) of this section,~~	101833
~~as that division existed prior to that date, to six years after~~	101834
~~the date shown on the original certificate as the date it was sold~~	101835
~~or any extension of that date.~~	101836

~~(2)(a)~~ Except with respect to a county land reutilization	101837
corporation, if~~, in the case of a certificate purchased under~~	101838
~~section 5721.33 of the Revised Code, or under section 5721.42 of~~	101839
~~the Revised Code by the holder of a certificate issued under~~	101840
~~section 5721.33 of the Revised Code,~~ the certificate holder does	101841
not file with the county treasurer a request for foreclosure or a	101842
notice of intent to foreclose with respect to a certificate parcel	101843
with the required payment within ~~six years after the date shown on~~	101844
~~the tax certificate as the date the certificate was sold~~the	101845
certificate period or any extension of that ~~date~~period pursuant	101846
to division (C)(2) of section 5721.38 of the Revised Code, or	101847
within the period provided under division ~~(A)(3)(b)~~(A)(2) of this	101848
section ~~or as specified under the terms of a negotiated sale under~~	101849
~~section 5721.33 of the Revised Code~~, and during that time the	101850
certificate has not been voided under section 5721.381 of the	101851
Revised Code and the certificate parcel has not been redeemed or	101852
foreclosed upon, the certificate holder's lien against the parcel	101853
is canceled and the certificate is voided, subject to division	101854
~~(E)(2)(b)~~(E)(2) of this section.	101855

~~(b)~~(2) In the case of any tax certificate purchased under	101856
section ~~5721.33~~5721.32 of the Revised Code or under section	101857
5721.42 of the Revised Code by the holder of a certificate issued	101858
under section 5721.32 of the Revised Code prior to ~~October 10,~~	101859
~~2000~~June 24, 2008, the county treasurer, upon application by the	101860
certificate holder, may sell to the certificate holder a new	101861
certificate extending the three-year period prescribed by division	101862
~~(E)(2)~~(E)(1) of this section, as that division existed prior to	101863
~~October 10, 2000~~that date, to six years after the date shown on	101864
the original certificate as the date it was sold or any extension	101865
of that date.	101866

~~(3)~~ The county treasurer and the certificate holder shall	101867
negotiate the premium, in cash, to be paid for a new certificate	101868
sold under division ~~(E)(1)(b) or (2)(b)~~(E)(2) of this section. If	101869
the county treasurer and certificate holder do not negotiate a	101870
mutually acceptable premium, the county treasurer and certificate	101871
holder may agree to engage a person experienced in the valuation	101872
of financial assets to appraise a fair premium for the new	101873
certificate. The certificate holder has the option to purchase the	101874
new certificate for the fair premium so appraised. Not less than	101875
one-half of the fee of the person so engaged shall be paid by the	101876
certificate holder requesting the new certificate; the remainder	101877
of the fee shall be paid from the proceeds of the sale of the new	101878
certificate. If the certificate holder does not purchase the new	101879
certificate for the premium so appraised, the certificate holder	101880
shall pay the entire fee. The county treasurer shall credit the	101881
remaining proceeds from the sale to the items of taxes,	101882
assessments, penalties, interest, and charges in the order in	101883
which they became due.	101884

~~(4)~~ A certificate issued under division ~~(E)(1)(b) or~~	101885
~~(2)(b)~~(E)(2) of this section vests in the certificate holder and	101886
its secured party, if any, the same rights, interests, privileges,	101887
and immunities as are vested by the original certificate under	101888
sections 5721.30 to 5721.43 of the Revised Code. The certificate	101889
shall be issued in the same form as the form prescribed for the	101890
original certificate issued except for any modifications	101891
necessary, in the county treasurer's discretion, to reflect the	101892
extension under this division of the certificate holder's lien to	101893
six years after the date shown on the original certificate as the	101894
date it was sold or any extension of that date. The certificate	101895
holder may record a certificate issued under division ~~(E)(1)(b) or~~	101896
~~(2)(b)~~(E)(2) of this section or memorandum thereof as provided in	101897
division (B) of section 5721.35 of the Revised Code, and the	101898
county recorder shall index the certificate and record any	101899
subsequent cancellation of the lien as provided in that section.	101900
The sale of a certificate extending the lien under division	101901
~~(E)(1)(b) or (2)(b)~~(E)(2) of this section does not impair the	101902
right of redemption of the owner of record of the certificate	101903
parcel or of any other person entitled to redeem the property.	101904

~~(5)~~(3) If the holder of a certificate purchased under section	101905
5721.32, 5721.33, or 5721.42 of the Revised Code submits a notice	101906
of intent to foreclose to the county treasurer but fails to file a	101907
foreclosure action in a court of competent jurisdiction within the	101908
time specified in division (C)(2) of this section, the liens	101909
represented by all tax certificates respecting the certificate	101910
parcel held by that certificate holder, and for which the deadline	101911
for filing a notice of intent to foreclose has passed, are	101912
canceled and the certificates voided, and the certificate holder	101913
forfeits the payment of the amounts described in division (B)(2)	101914
of this section.	101915

(F) With respect to tax certificates purchased under section	101916
5721.32, 5721.33, or 5721.42 of the Revised Code, upon the	101917
delivery to the private attorney by the county treasurer of the	101918
certification provided for under division (C)(2) of this section,	101919
the private attorney shall institute a foreclosure proceeding	101920
under this division in the name of the certificate holder to	101921
enforce the holder's lien, in any court or board of revision with	101922
jurisdiction, unless the certificate redemption price is paid	101923
prior to the time a complaint is filed. The attorney shall	101924
prosecute the proceeding to final judgment and satisfaction,	101925
whether through sale of the property or the vesting of title and	101926
possession in the certificate holder or other disposition under	101927
sections 323.65 to 323.79 of the Revised Code or as may otherwise	101928
be provided by law.	101929

The foreclosure proceedings under this division, except as	101930
otherwise provided in this division, shall be instituted and	101931
prosecuted in the same manner as is provided by law for the	101932
foreclosure of mortgages on land, except that, if service by	101933
publication is necessary, such publication shall be made once a	101934
week for three consecutive weeks and the service shall be complete	101935
at the expiration of three weeks after the date of the first	101936
publication.	101937

Any notice given under this division shall include the name	101938
of the owner of the parcel as last set forth in the records of the	101939
county recorder, the owner's last known mailing address, the	101940
address of the subject parcel if different from that of the owner,	101941
and a complete legal description of the subject parcel. In any	101942
county that has adopted a permanent parcel number system, such	101943
notice may include the permanent parcel number in addition to a	101944
complete legal description.	101945

It is sufficient, having been made a proper party to the	101946
foreclosure proceeding, for the certificate holder to allege in	101947
such holder's complaint that the tax certificate has been duly	101948
purchased by the certificate holder, that the certificate	101949
redemption price is due and unpaid, that there is a lien against	101950
the property described in the tax certificate, and, if applicable,	101951
that the certificate holder desires to invoke the alternative	101952
redemption period prescribed in sections 323.65 to 323.79 of the	101953
Revised Code, without setting forth in such holder's complaint any	101954
other special matter relating to the foreclosure proceeding. The	101955
complaint shall pray for an order directing the sheriff, or the	101956
bailiff if the complaint is filed in municipal court, to offer the	101957
property for sale in the manner provided in section 5721.19 of the	101958
Revised Code or otherwise transferred according to any applicable	101959
procedures provided in sections 323.65 to 323.79 of the Revised	101960
Code, unless the complaint documents that the county auditor has	101961
determined that the true value of the certificate parcel is less	101962
than the certificate purchase price. In that case, the prayer of	101963
the complaint shall request that fee simple title to the property	101964
be transferred to and vested in the certificate holder free and	101965
clear of all subordinate liens.	101966

In the foreclosure proceeding, the certificate holder may	101967
join in one action any number of tax certificates relating to the	101968
same owner. However, the decree for each tax certificate shall be	101969
rendered separately and any proceeding may be severed, in the	101970
discretion of the court or board of revision, for the purpose of	101971
trial or appeal. Except as may otherwise be provided in sections	101972
323.65 to 323.79 of the Revised Code, upon confirmation of sale,	101973
the court or board of revision shall order payment of all costs	101974
related directly or indirectly to the tax certificate, including,	101975
without limitation, attorney's fees of the holder's attorney in	101976
accordance with section 5721.371 of the Revised Code. The tax	101977
certificate purchased by the certificate holder is presumptive	101978
evidence in all courts and boards of revision and in all	101979
proceedings, including, without limitation, at the trial of the	101980
foreclosure action, of the amount and validity of the taxes,	101981
assessments, charges, penalties by the court and added to such	101982
principal amount, and interest appearing due and unpaid and of	101983
their nonpayment.	101984

(G) If a parcel is sold under this section, the officer who	101985
conducted the sale shall collect the recording fee from the	101986
purchaser at the time of the sale and, following confirmation of	101987
the sale, shall prepare and record the deed conveying the title to	101988
the parcel to the purchaser.	101989

Sec. 5721.38. (A) At any time prior to payment to the county	101990
treasurer by the certificate holder to initiate foreclosure	101991
proceedings under division (B) of section 5721.37 of the Revised	101992
Code, the owner of record of the certificate parcel, or any other	101993
person entitled to redeem that parcel, may redeem the parcel by	101994
paying to the county treasurer an amount equal to the total of the	101995
certificate redemption prices of all tax certificates respecting	101996
that parcel.	101997

(B) At any time after payment to the county treasurer by the	101998
certificate holder to initiate foreclosure proceedings under	101999
section 5721.37 of the Revised Code, and before the filing of the	102000
entry of confirmation of sale of a certificate parcel, or the	102001
expiration of the alternative redemption period defined in section	102002
323.65 of the Revised Code under foreclosure proceedings filed by	102003
the county prosecuting attorney, and before the decree conveying	102004
title to the certificate holder is rendered as provided for in	102005
division (F) of section 5721.37 of the Revised Code, the owner of	102006
record of the certificate parcel or any other person entitled to	102007
redeem that parcel may redeem the parcel by paying to the county	102008
treasurer the sum of the following amounts:	102009

(1) The amount described in division (A) of this section;

102010

(2) Interest on the certificate purchase price for each tax	102011
certificate sold respecting the parcel at the rate of eighteen per	102012
cent per year for the period beginning on the day on which the	102013
payment was submitted by the certificate holder and ending on the	102014
day the parcel is redeemed under this division;	102015

(3) An amount equal to the sum of the county prosecuting	102016
attorney's fee under division (B)(3) of section 5721.37 of the	102017
Revised Code plus interest on that amount at the rate of eighteen	102018
per cent per year beginning on the day on which the payment was	102019
submitted by the certificate holder and ending on the day the	102020
parcel is redeemed under this division. If the parcel is redeemed	102021
before the complaint has been filed, the prosecuting attorney	102022
shall adjust the fee to reflect services performed to the date of	102023
redemption, and the county treasurer shall calculate the interest	102024
based on the adjusted fee and refund any excess fee to the	102025
certificate holder.	102026

(4) Reasonable attorney's fees in accordance with section	102027
5721.371 of the Revised Code if the certificate holder retained a	102028
private attorney to foreclose the lien;	102029

(5) Any other costs and fees of the proceeding allocable to	102030
the certificate parcel as determined by the court or board of	102031
revision.	102032

The county treasurer may collect the total amount due under	102033
divisions (B)(1) to (5) of this section in the form of guaranteed	102034
funds acceptable to the treasurer. Immediately upon receipt of	102035
such payments, the county treasurer shall reimburse the	102036
certificate holder who initiated foreclosure proceedings as	102037
provided in division (D) of this section. The county treasurer	102038
shall pay the certificate holder interest at the rate of eighteen	102039
per cent per year on amounts paid under divisions (B)(2) and (3)	102040
of section 5721.37 of the Revised Code, beginning on the day the	102041
certificate holder paid the amounts under those divisions and	102042
ending on the day the parcel is redeemed under this section.	102043

(C)(1) During the period beginning on the date a tax	102044
certificate is sold under section 5721.32 of the Revised Code and	102045
ending one year from that date, the county treasurer may enter	102046
into a redemption payment plan with the owner of record of the	102047
certificate parcel or any other person entitled to redeem that	102048
parcel. The plan shall require the owner or other person to pay	102049
the certificate redemption price for the tax certificate in	102050
installments, with the final installment due no later than one	102051
year after the date the tax certificate is sold. The certificate	102052
holder may at any time, by written notice to the county treasurer,	102053
agree to accept installments collected to the date of notice as	102054
payment in full. Receipt of such notice by the treasurer shall	102055
constitute satisfaction of the payment plan and redemption of the	102056
tax certificate.	102057

(2) During the period beginning on the date a tax certificate	102058
is sold under section 5721.33 of the Revised Code and ending on	102059
the date the decree is rendered on the foreclosure proceeding	102060
under division (F) of section 5721.37 of the Revised Code, the	102061
owner of record of the certificate parcel, or any other person	102062
entitled to redeem that parcel, may enter into a redemption	102063
payment plan with the certificate holder and all secured parties	102064
of the certificate holder. The plan shall require the owner or	102065
other person to pay the certificate redemption price for the tax	102066
certificate, an administrative fee not to exceed one hundred	102067
dollars per year, and the actual fees and costs incurred, in	102068
installments, with the final installment due no later than ~~six~~	102069
~~years after the date the tax certificate is sold~~the expiration of	102070
the certificate period. The certificate holder shall give written	102071
notice of the plan to the applicable county treasurer within sixty	102072
days after entering into the plan and written notice of default	102073
under the plan within ninety days after the default. If such a	102074
plan is entered into, the time period for filing a request for	102075
foreclosure or a notice of intent to foreclose under section	102076
5721.37 of the Revised Code is extended by the length of time the	102077
plan is in effect and not in default.	102078

(D)(1) Immediately upon receipt of full payment under	102079
division (A) or (B) of this section, the county treasurer shall	102080
make an entry to that effect in the tax certificate register,	102081
credit the payment to the tax certificate redemption fund created	102082
in the county treasury, and shall notify the certificate holder or	102083
holders by ordinary first class or certified mail or by binary	102084
means that the parcel has been redeemed and the lien or liens	102085
canceled, and that payment on the certificate or certificates is	102086
forthcoming. The treasurer shall pay the tax certificate holder or	102087
holders promptly.	102088

The county treasurer shall administer the tax certificate	102089
redemption fund for the purpose of redeeming tax certificates.	102090
Interest earned on the fund shall be credited to the county	102091
general fund. If the county has established a county land	102092
reutilization corporation, the county treasurer may apply interest	102093
earned on the fund to the payment of the expenses of such	102094
corporation.	102095

(2) If a redemption payment plan is entered into pursuant to	102096
division (C)(1) of this section, the county treasurer immediately	102097
shall notify each certificate holder by ordinary first class or	102098
certified mail or by binary means of the terms of the plan.	102099
Installment payments made pursuant to the plan shall be deposited	102100
in the tax certificate redemption fund. Any overpayment of the	102101
installments shall be refunded to the person responsible for	102102
causing the overpayment if the person applies for a refund under	102103
this section. If the person responsible for causing the	102104
overpayment fails to apply for a refund under this section within	102105
five years from the date the plan is satisfied, an amount equal to	102106
the overpayment shall be deposited into the general fund of the	102107
county. If the county has established a county land reutilization	102108
corporation, the county treasurer may apply such overpayment to	102109
the payment of the expenses of the corporation.	102110

Upon satisfaction of the plan, the county treasurer shall	102111
indicate in the tax certificate register that the plan has been	102112
satisfied, and shall notify each certificate holder by ordinary	102113
first class or certified mail or by binary means that the plan has	102114
been satisfied and that payment on the certificate or certificates	102115
is forthcoming. The treasurer shall pay each certificate holder	102116
promptly.	102117

If a redemption payment plan becomes void, the county	102118
treasurer shall notify each certificate holder by ordinary first	102119
class or certified mail or by binary means. If a certificate	102120
holder files a request for foreclosure under section 5721.37 of	102121
the Revised Code, upon the filing of the request for foreclosure,	102122
any money paid under the plan shall be refunded to the person that	102123
paid the money under the plan.	102124

(3) Upon receipt of the payment required under division	102125
(B)(1) of section 5721.37 of the Revised Code, the treasurer shall	102126
pay all other certificate holders and indicate in the tax	102127
certificate register that such certificates have been satisfied.	102128
If a county has organized a county land reutilization corporation,	102129
the county treasurer may apply the redemption price and any	102130
applicable interest payable under division (B) of this section to	102131
the payment of the expenses of the corporation.	102132

Sec. 5721.42. After the settlement required under division	102133
(C) of section 321.24 of the Revised Code, the county treasurer	102134
shall notify the certificate holder of the most recently issued	102135
tax certificate, by ordinary first class or certified mail or by	102136
binary means, that the certificate holder may purchase a	102137
subsequent tax certificate by paying all delinquent taxes on the	102138
related certificate parcel, the lien against which has not been	102139
transferred by the sale of a tax certificate. During the thirty	102140
days after receiving the notice, the certificate holder possesses	102141
the exclusive right to purchase the subsequent tax certificate by	102142
paying those amounts to the county treasurer. The amount of the	102143
payment shall constitute a separate lien against the certificate	102144
parcel that shall be evidenced by the issuance by the treasurer to	102145
the certificate holder of an additional tax certificate with	102146
respect to the delinquent taxes so paid on the related certificate	102147
parcel. The amount of the payment as set forth in the tax	102148
certificate shall earn interest at the rate of eighteen per cent	102149
per year. The certificate period of each subsequent tax	102150
certificate shall terminate on the expiration date of the	102151
certificate period of the most recent tax certificate for the same	102152
certificate parcel.	102153

Sec. 5722.13. Real property acquired and held by an electing	102154
subdivision pursuant to this chapter that is not sold or otherwise	102155
transferred within fifteen years after such acquisition shall be	102156
offered for sale at public auction during the sixteenth year after	102157
acquisition. If the real property is not sold at that time, it may	102158
be disposed of or retained for any lawful purpose without further	102159
application of this chapter.	102160

Notice of the sale shall contain a description of each	102161
parcel, the permanent parcel number, and the full street address	102162
when available. The notice shall be published once a week for	102163
three consecutive weeks prior to the sale in a newspaper of	102164
general circulation within the electing subdivision. The newspaper	102165
shall meet the requirements of section 7.12 of the Revised Code.	102166

Each parcel subsequent to the fifteenth year after its	102167
acquisition as part of a land reutilization program shall be sold	102168
for an amount equal to not less than the greater of:	102169

(A) Two-thirds of its fair market value;

102170

(B) The total amount of accrued taxes, assessments,	102171
penalties, interest, charges, and costs incurred by the electing	102172
subdivision in the acquisition, maintenance, and disposal of each	102173
parcel and the parcel's share of the costs and expenses of the	102174
land reutilization program.	102175

The sale requirements of this section do not apply to real	102176
property acquired and held by a county land reutilization	102177
corporation.	102178

Sec. 5723.05. If the taxes, assessments, charges, penalties,	102179
interest, and costs due on the forfeited lands have not been paid	102180
when the county auditor fixes the date for the sale of forfeited	102181
lands, the auditor shall give notice of them once a week for two	102182
consecutive weeks prior to the date fixed by the auditor for the	102183
sale, ~~in two newspapers~~ as provided in section 5721.03 of the	102184
Revised Code. The notice shall state that if the taxes,	102185
assessments, charges, penalties, interest, and costs charged	102186
against the lands forfeited to the state for nonpayment of taxes	102187
are not paid into the county treasury, and the county treasurer's	102188
receipt produced for the payment before the time specified in the	102189
notice for the sale of the lands, which day shall be named in the	102190
notice, each forfeited tract on which the taxes, assessments,	102191
charges, penalties, interest, and costs remain unpaid will be	102192
offered for sale beginning on the date set by the auditor, at the	102193
courthouse in the county, in order to satisfy the unpaid taxes,	102194
assessments, charges, penalties, interest, and costs, and that the	102195
sale will continue from day to day until each of the tracts is	102196
sold or offered for sale.	102197

The notice also shall state that, if the forfeited land is	102198
sold for an amount that is less than the amount of the delinquent	102199
taxes, assessments, charges, penalties, and interest against it,	102200
and, if division (B)(2) of section 5721.17 of the Revised Code is	102201
applicable, any notes issued by a receiver pursuant to division	102202
(F) of section 3767.41 of the Revised Code and any receiver's lien	102203
as defined in division (C)(4) of section 5721.18 of the Revised	102204
Code, the court, in a separate order, may enter a deficiency	102205
judgment against the last owner of record of the land before its	102206
forfeiture to the state, for the amount of the difference; and	102207
that, if that owner of record is a corporation, the court may	102208
enter the deficiency judgment against the stockholder holding a	102209
majority of that corporation's stock.	102210

Sec. 5725.151. (A) As used in this section, "certificate	102211
owner" has the same meaning as in section 149.311 of the Revised	102212
Code.	102213

(B) There is allowed a credit against the tax imposed by	102214
section 5707.03 and assessed under section 5725.15 of the Revised	102215
Code for a dealer in intangibles subject to that tax that is a	102216
certificate owner of a rehabilitation tax credit certificate	102217
issued under section 149.311 of the Revised Code. The credit shall	102218
equal twenty-five per cent of the dollar amount indicated on the	102219
certificate, but the amount of the credit allowed for any dealer	102220
for any year shall not exceed five million dollars. The credit	102221
shall be claimed in the calendar year specified in the	102222
certificate. If the credit exceeds the amount of tax otherwise due	102223
in that year, the excess shall be refunded to the dealer but, if	102224
any amount of the credit is refunded, the sum of the amount	102225
refunded and the amount applied to reduce the tax otherwise due in	102226
that year shall not exceed three million dollars. The dealer may	102227
carry forward any balance of the credit in excess of the amount	102228
claimed in that year for not more than five ensuing years, and	102229
shall deduct any amount claimed in any such year from the amount	102230
claimed in an ensuing year.	102231

(C) A dealer in intangibles claiming a credit under this	102232
section shall retain the rehabilitation tax credit certificate for	102233
four years following the end of the year in which the credit was	102234
claimed, and shall make the certificate available for inspection	102235
by the tax commissioner upon the request of the tax commissioner	102236
during that period.	102237

~~(D) For the purpose of division (C) of section 5725.24 of the~~	102238
~~Revised Code, reductions in the amount of taxes collected on~~	102239
~~account of credits allowed under this section shall be applied to~~	102240
~~reduce the amount credited to the general revenue fund and shall~~	102241
~~not be applied to reduce the amount to be credited to the~~	102242
~~undivided local government funds of the counties in which such~~	102243
~~taxes originate.~~	102244

Sec. 5725.24. (A) ~~As used in this section, "qualifying~~	102245
~~dealer" means a dealer in intangibles that is a qualifying dealer~~	102246
~~in intangibles as defined in section 5733.45 of the Revised Code~~	102247
~~or a member of a qualifying controlled group, as defined in~~	102248
~~section 5733.04 of the Revised Code, of which an insurance company~~	102249
~~also is a member on the first day of January of the year in and~~	102250
~~for which the tax imposed by section 5707.03 of the Revised Code~~	102251
~~is required to be paid by the dealer.~~	102252

~~(B)~~ The taxes levied by section 5725.18 of the Revised Code	102253
and collected pursuant to this chapter shall be paid into the	102254
state treasury to the credit of the general revenue fund.	102255

~~(C)~~(B) The taxes levied by section 5707.03 of the Revised	102256
Code on the value of shares in and capital employed by all dealers	102257
in intangibles ~~other than those that are qualifying dealers~~ shall	102258
be ~~for the use of~~paid into the state treasury to the credit of	102259
the general revenue fund ~~of the state and the local government~~	102260
~~funds of the several counties in which the taxes originate as~~	102261
~~provided in this division.~~	102262

~~During each month for which there is money in the state~~	102263
~~treasury for disbursement under this division, the tax~~	102264
~~commissioner shall provide for payment to the county treasurer of~~	102265
~~each county of five-eighths of the amount of the taxes collected~~	102266
~~on account of shares in and capital employed by dealers in~~	102267
~~intangibles other than those that are qualifying dealers,~~	102268
~~representing capital employed in the county. The balance of the~~	102269
~~money received and credited on account of taxes assessed on shares~~	102270
~~in and capital employed by such dealers in intangibles shall be~~	102271
~~credited to the general revenue fund.~~	102272

~~Reductions in the amount of taxes collected on account of~~	102273
~~credits allowed under section 5725.151 of the Revised Code shall~~	102274
~~be applied to reduce the amount credited to the general revenue~~	102275
~~fund and shall not be applied to reduce the amount to be credited~~	102276
~~to the undivided local government funds of the counties in which~~	102277
~~such taxes originate.~~	102278

~~For the purpose of this division, such taxes are deemed to~~	102279
~~originate in the counties in which such dealers in intangibles~~	102280
~~have their offices.~~	102281

~~Money received into the treasury of a county pursuant to this~~	102282
~~section shall be credited to the undivided local government fund~~	102283
~~of the county and shall be distributed by the budget commission as~~	102284
~~provided by law.~~	102285

~~(D) All of the taxes levied under section 5707.03 of the~~	102286
~~Revised Code on the value of the shares in and capital employed by~~	102287
~~dealers in intangibles that are qualifying dealers shall be paid~~	102288
~~into the state treasury to the credit of the general revenue fund~~.	102289

Sec. 5725.34. (A) As used in this section, "certificate	102290
owner" has the same meaning as in section 149.311 of the Revised	102291
Code.	102292

(B) There is allowed a credit against the tax imposed by	102293
section 5725.18 of the Revised Code for an insurance company	102294
subject to that tax that is a certificate owner of a	102295
rehabilitation tax credit certificate issued under section 149.311	102296
of the Revised Code. The credit shall equal twenty-five per cent	102297
of the dollar amount indicated on the certificate, but the amount	102298
of the credit allowed for any company for any year shall not	102299
exceed five million dollars. The credit shall be claimed in the	102300
calendar year specified in the certificate and in the order	102301
required under section 5725.98 of the Revised Code. If the credit	102302
exceeds the amount of tax otherwise due in that year, the excess	102303
shall be refunded to the company but, if any amount of the credit	102304
is refunded, the sum of the amount refunded and the amount applied	102305
to reduce the tax otherwise due in that year shall not exceed	102306
three million dollars. The company may carry forward any balance	102307
of the credit in excess of the amount claimed in that year for not	102308
more than five ensuing years, and shall deduct any amount claimed	102309
in any such year from the amount claimed in an ensuing year.	102310

(C) An insurance company claiming a credit under this section	102311
shall retain the rehabilitation tax credit certificate for four	102312
years following the end of the year in which the credit was	102313
claimed, and shall make the certificate available for inspection	102314
by the tax commissioner upon the request of the tax commissioner	102315
during that period.	102316

Sec. 5725.98. (A) To provide a uniform procedure for	102317
calculating the amount of tax imposed by section 5725.18 of the	102318
Revised Code that is due under this chapter, a taxpayer shall	102319
claim any credits and offsets against tax liability to which it is	102320
entitled in the following order:	102321

(1) The credit for an insurance company or insurance company	102322
group under section 5729.031 of the Revised Code;	102323

(2) The credit for eligible employee training costs under	102324
section 5725.31 of the Revised Code;	102325

(3) The credit for purchasers of qualified low-income	102326
community investments under section 5725.33 of the Revised Code;	102327

(4) The nonrefundable job retention credit under division	102328
(B)(1) of section 122.171 of the Revised Code;	102329

(5) The offset of assessments by the Ohio life and health	102330
insurance guaranty association permitted by section 3956.20 of the	102331
Revised Code;	102332

(6) The refundable credit for rehabilitating a historic	102333
building under section 5725.34 of the Revised Code.	102334

(7) The refundable credit for Ohio job retention under	102335
division (B)(2) or (3) of section 122.171 of the Revised Code;	102336

~~(7)~~(8) The refundable credit for Ohio job creation under	102337
section 5725.32 of the Revised Code;	102338

~~(8)~~(9) The refundable credit under section 5725.19 of the	102339
Revised Code for losses on loans made under the Ohio venture	102340
capital program under sections 150.01 to 150.10 of the Revised	102341
Code.	102342

(B) For any credit except the refundable credits enumerated	102343
in this section, the amount of the credit for a taxable year shall	102344
not exceed the tax due after allowing for any other credit that	102345
precedes it in the order required under this section. Any excess	102346
amount of a particular credit may be carried forward if authorized	102347
under the section creating that credit. Nothing in this chapter	102348
shall be construed to allow a taxpayer to claim, directly or	102349
indirectly, a credit more than once for a taxable year.	102350

Sec. 5727.57. In addition to all other remedies for the	102351
collection of any taxes or penalties due under law, whenever any	102352
taxes, fees, or penalties due from any public utility have	102353
remained unpaid for a period of ninety days, or whenever any	102354
public utility has failed for a period of ninety days to make any	102355
report or return required by law, or to pay any penalty for	102356
failure to make or file such report or return, the attorney	102357
general, upon the request of the tax commissioner, shall file a	102358
petition in the court of common pleas in the county of the state	102359
in which such public utility has its principal place of business	102360
for a judgment for the amount of the taxes and penalties appearing	102361
to be due, the enforcement of any lien in favor of the state, and	102362
an injunction to restrain such public utility and its officers,	102363
directors, and managing agents from the transaction of any	102364
business within this state, other than such acts as are incidental	102365
to liquidation or winding up, until the payment of such taxes,	102366
fees, penalties, and the costs of the proceeding, which shall be	102367
fixed by the court, or the making and filing of such report or	102368
return.	102369

Such petition shall be in the name of the state. All or any	102370
of the public utilities having their principal places of business	102371
in the county may be joined in one suit. On the motion of the	102372
attorney general, the court of common pleas shall enter an order	102373
requiring all defendants to answer by a day certain, and may	102374
appoint a special master commissioner to take testimony, with such	102375
other power and authority as the court confers, and permit process	102376
to be served by certified mail and by publication in a newspaper	102377
of general circulation ~~published~~ in the county, which publication	102378
need not be made more than once, setting forth the name of each	102379
delinquent public utility, the matter in which such public utility	102380
is delinquent, the names of its officers, directors, and managing	102381
agents, if set forth in the petition, and the amount of any taxes,	102382
fees, or penalties claimed to be owing by said public utility.	102383

All of the officers, directors, shareholders, or managing	102384
agents of any public utility may be joined as defendants with such	102385
public utility.	102386

If it appears to the court upon hearing that any public	102387
utility which is a party to such proceeding is indebted to the	102388
state for taxes, fees, or penalties, judgment shall be entered	102389
therefor with interest, which shall be computed at the rate per	102390
annum prescribed by section 5703.47 of the Revised Code; and if it	102391
appears that any public utility has failed to make or file any	102392
report or return, a mandatory injunction may be issued against	102393
such public utility, its officers, directors, and managing agents,	102394
as such enjoining them from the transaction of any business within	102395
this state, other than acts incidental to liquidation or winding	102396
up, until the making and filing of all proper reports or returns	102397
and the payment in full of all taxes, fees, and penalties.	102398

If the officers, directors, shareholders, or managing agents	102399
of a public utility are not made parties in the first instance,	102400
and a judgment or an injunction is rendered or issued against such	102401
public utility, such officers, directors, shareholders, or	102402
managing agents, or any of them, may be made parties to such	102403
proceedings upon the motion of the attorney general, and, upon	102404
notice to them of the form and terms of such injunction, they	102405
shall be bound thereby as fully as if they had been made parties	102406
in the first instance.	102407

In any action authorized by this section, a statement of the	102408
commissioner or the secretary of state, when duly certified shall	102409
be prima-facie evidence of the amount of taxes, fees, or penalties	102410
due from any public utility, or of the failure of any public	102411
utility to file with the commissioner or the secretary of state	102412
any report required by law, and any such certificate of the	102413
commissioner or the secretary of state may be required in evidence	102414
in any such proceeding.	102415

On the application of any defendant and for good cause shown,	102416
the court may order a separate hearing of the issues as to any	102417
defendant.	102418

The costs of the proceeding shall be apportioned among the	102419
parties as the court deems proper.	102420

The court in such proceeding may make, enter, and enforce	102421
such other judgments and orders and grant such other relief as is	102422
necessary or incidental to the enforcement of the claims and lien	102423
of the state.	102424

In the performance of the duties enjoined ~~upon him~~ by this	102425
section the attorney general may direct any prosecuting attorney	102426
to bring an action, as authorized by this section, in the name of	102427
the state with respect to any delinquent public utilities within	102428
~~his~~the prosecuting attorney's county, and like proceedings and	102429
orders shall be had as if such action were instituted by the	102430
attorney general.	102431

Sec. 5727.84. (A) As used in this section and sections	102432
5727.85, 5727.86, and 5727.87 of the Revised Code:	102433

(1) "School district" means a city, local, or exempted	102434
village school district.	102435

(2) "Joint vocational school district" means a joint	102436
vocational school district created under section 3311.16 of the	102437
Revised Code, and includes a cooperative education school district	102438
created under section 3311.52 or 3311.521 of the Revised Code and	102439
a county school financing district created under section 3311.50	102440
of the Revised Code.	102441

(3) "Local taxing unit" means a subdivision or taxing unit,	102442
as defined in section 5705.01 of the Revised Code, a park district	102443
created under Chapter 1545. of the Revised Code, or a township	102444
park district established under section 511.23 of the Revised	102445
Code, but excludes school districts and joint vocational school	102446
districts.	102447

(4) "State education aid," for a school district, means the	102448
following:	102449

(a) For fiscal years prior to fiscal year 2010, the sum of	102450
state aid amounts computed for the district under the following	102451
provisions, as they existed for the applicable fiscal year:	102452
divisions (A), (C)(1), (C)(4), (D), (E), and (F) of section	102453
3317.022; divisions (B), (C), and (D) of section 3317.023;	102454
divisions (G), (L), and (N) of section 3317.024; and sections	102455
3317.029, 3317.0216, 3317.0217, 3317.04, 3317.05, 3317.052, and	102456
3317.053 of the Revised Code; and the adjustments required by:	102457
division (C) of section 3310.08; division (C)(2) of section	102458
3310.41; division (C) of section 3314.08; division (D)(2) of	102459
section 3314.091; division (D) of section 3314.13; divisions (E),	102460
(K), (L), (M), and (N) of section 3317.023; division (C) of	102461
section 3317.20; and sections 3313.979 and 3313.981 of the Revised	102462
Code. However, when calculating state education aid for a school	102463
district for fiscal years 2008 and 2009, include the amount	102464
computed for the district under Section 269.20.80 of H.B. 119 of	102465
the 127th general assembly, as subsequently amended, instead of	102466
division (D) of section 3317.022 of the Revised Code; and include	102467
amounts calculated under Section 269.30.80 of ~~this act~~H.B. 119 of	102468
the 127th general assembly, as subsequently amended.	102469

(b) For fiscal ~~year~~years 2010 and ~~for each fiscal year~~	102470
~~thereafter~~2011, the sum of the amounts computed for the district	102471
under former sections 3306.052, 3306.12, 3306.13, 3306.19,	102472
3306.191, and 3306.192;of the Revised Code and the following	102473
provisions, as they existed for the applicable fiscal year:	102474
division (G) of section 3317.024; sections 3317.05, 3317.052, and	102475
3317.053 of the Revised Code; and the adjustments required by	102476
division (C) of section 3310.08; division (C)(2) of section	102477
3310.41; division (C) of section 3314.08; division (D)(2) of	102478
section 3314.091; division (D) of section 3314.13; divisions (E),	102479
(K), (L), (M), and (N) of section 3317.023; division (C) of	102480
section 3317.20; and sections 3313.979 ~~and~~, 3313.981, and 3326.33	102481
of the Revised Code.	102482

(c) For fiscal years 2012 and 2013, the amount paid in	102483
accordance with the section of H.B. 153 of the 129th general	102484
assembly entitled "FUNDING FOR CITY, EXEMPTED VILLAGE, AND LOCAL	102485
SCHOOL DISTRICTS" and the adjustments required by division (C) of	102486
section 3310.08; division (C)(2) of section 3310.41; division (C)	102487
of section 3314.08; division (D)(2) of section 3314.091; division	102488
(D) of section 3314.13; divisions (B), (H), (I), (J), and (K) of	102489
section 3317.023; division (C) of section 3317.20; and sections	102490
3313.979 and 3313.981 of the Revised Code.	102491

(5) "State education aid," for a joint vocational school	102492
district, means the following:	102493

(a) For fiscal years prior to fiscal year 2010, the sum of	102494
the state aid amounts computed for the district under division (N)	102495
of section 3317.024 and section 3317.16 of the Revised Code.	102496
However, when calculating state education aid for a joint	102497
vocational school district for fiscal years 2008 and 2009, include	102498
the amount computed for the district under Section 269.30.90 of	102499
H.B. 119 of the 127th general assembly, as subsequently amended.	102500

(b) For fiscal years 2010 and 2011, the amount computed for	102501
the district in accordance with the section of ~~this act~~H.B. 1 of	102502
the 128th general assembly entitled "FUNDING FOR JOINT VOCATIONAL	102503
SCHOOL DISTRICTS".	102504

(c) For fiscal years 2012 and 2013, the amount paid in	102505
accordance with the section of H.B. 153 of the 129th general	102506
assembly entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL DISTRICTS."	102507

(6) "State education aid offset" means the amount determined	102508
for each school district or joint vocational school district under	102509
division (A)(1) of section 5727.85 of the Revised Code.	102510

(7) "Recognized valuation" has the same meaning as in section	102511
3317.02 of the Revised Code.	102512

(8) "Electric company tax value loss" means the amount	102513
determined under division (D) of this section.	102514

(9) "Natural gas company tax value loss" means the amount	102515
determined under division (E) of this section.	102516

(10) "Tax value loss" means the sum of the electric company	102517
tax value loss and the natural gas company tax value loss.	102518

(11) "Fixed-rate levy" means any tax levied on property other	102519
than a fixed-sum levy.	102520

(12) "Fixed-rate levy loss" means the amount determined under	102521
division (G) of this section.	102522

(13) "Fixed-sum levy" means a tax levied on property at	102523
whatever rate is required to produce a specified amount of tax	102524
money or levied in excess of the ten-mill limitation to pay debt	102525
charges, and includes school district emergency levies imposed	102526
pursuant to section 5705.194 of the Revised Code.	102527

(14) "Fixed-sum levy loss" means the amount determined under	102528
division (H) of this section.	102529

(15) "Consumer price index" means the consumer price index	102530
(all items, all urban consumers) prepared by the bureau of labor	102531
statistics of the United States department of labor.	102532

(16) "Total resources" has the same meaning as in section	102533
5751.20 of the Revised Code.	102534

(17) "2011 current expense S.B. 3 allocation" means the sum	102535
of payments received by a school district or joint vocational	102536
school district in fiscal year 2011 for current expense levy	102537
losses pursuant to division (C)(2) of section 5727.85 of the	102538
Revised Code. If a fixed-rate levy eligible for reimbursement is	102539
not imposed in any year after tax year 2010, "2011 current expense	102540
S.B. 3 allocation" used to compute payments to be made under	102541
division (C)(3) of section 5727.85 of the Revised Code in the tax	102542
years following the last year the levy is imposed shall be reduced	102543
by the amount of those payments attributable to the fixed-rate	102544
levy loss of that levy.	102545

(18) "2010 current expense S.B. 3 allocation" means the sum	102546
of payments received by a municipal corporation in calendar year	102547
2010 for current expense levy losses pursuant to division (A)(1)	102548
of section 5727.86 of the Revised Code. If a fixed-rate levy	102549
eligible for reimbursement is not imposed in any year after tax	102550
year 2010, "2010 current expense S.B. 3 allocation" used to	102551
compute payments to be made under division (A)(1)(d) of section	102552
5727.86 of the Revised Code in the tax years following the last	102553
year the levy is imposed shall be reduced by the amount of those	102554
payments attributable to the fixed-rate levy loss of that levy.	102555

(19) "2010 S.B. 3 allocation" means the sum of payments	102556
received by a local taxing unit during calendar year 2010 pursuant	102557
to division (A)(1) of section 5727.86 of the Revised Code. If a	102558
fixed-rate levy eligible for reimbursement is not imposed in any	102559
year after tax year 2010, "2010 S.B. 3 allocation" used to compute	102560
payments to be made under division (A)(1)(d) of section 5727.86 of	102561
the Revised Code in the tax years following the last year the levy	102562
is imposed shall be reduced by the amount of those payments	102563
attributable to the fixed-rate levy loss of that levy.	102564

(20) "Total S.B. 3 allocation" means, in the case of a school	102565
district or joint vocational school district, the sum of the	102566
amounts received in fiscal year 2011 pursuant to divisions (C)(2)	102567
and (D) of section 5727.85 of the Revised Code. In the case of a	102568
local taxing unit, "total S.B. 3 allocation" means the sum of	102569
payments received by the unit in calendar year 2010 pursuant to	102570
divisions (A)(1) and (4) of section 5727.86 of the Revised Code.	102571
If a fixed-rate levy eligible for reimbursement is not imposed in	102572
any year after tax year 2010, "total S.B. 3 allocation" used to	102573
compute payments to be made under division (C)(3) of section	102574
5727.85 or division (A)(1)(d) of section 5727.86 of the Revised	102575
Code in the tax years following the last year the levy is imposed	102576
shall be reduced by the amount of those payments attributable to	102577
the fixed-rate levy loss of that levy as would be computed under	102578
division (C)(2) of section 5727.85 or division (A)(1)(b) of	102579
section 5727.86 of the Revised Code.	102580

(21) "2011 non-current expense S.B. 3 allocation" means the	102581
difference of a school district's or joint vocational school	102582
district's total S.B. 3 allocation minus the sum of the school	102583
district's 2011 current expense S.B. 3 allocation and the portion	102584
of the school district's total S.B. 3 allocation constituting	102585
reimbursement for debt levies pursuant to division (D) of section	102586
5727.85 of the Revised Code.	102587

(22) "2010 non-current expense S.B. 3 allocation" means the	102588
difference of a municipal corporation's total S.B. 3 allocation	102589
minus the sum of its 2010 current expense S.B. 3 allocation and	102590
the portion of its total S.B. 3 allocation constituting	102591
reimbursement for debt levies pursuant to division (A)(4) of	102592
section 5727.86 of the Revised Code.	102593

(23) "Threshold per cent" means, in the case of a school	102594
district or joint vocational school district, two per cent for	102595
fiscal year 2012 and four per cent for fiscal years 2013 and	102596
thereafter. In the case of a local taxing unit, "threshold per	102597
cent" means two per cent for calendar year 2011, four per cent for	102598
calendar year 2012, and six per cent for calendar years 2013 and	102599
thereafter.	102600

(B) The kilowatt-hour tax receipts fund is hereby created in	102601
the state treasury and shall consist of money arising from the tax	102602
imposed by section 5727.81 of the Revised Code. All money in the	102603
kilowatt-hour tax receipts fund shall be credited as follows:	102604

~~(1) Sixty-three per cent shall be credited to the general~~	102605
~~revenue fund.~~	102606

~~(2) Twenty-five and four-tenths per cent shall be credited to~~	102607
~~the school district property tax replacement fund, which is hereby~~	102608
~~created in the state treasury for the purpose of making the~~	102609
~~payments described in section 5727.85 of the Revised Code.~~	102610

~~(3) Eleven and six-tenths per cent shall be credited to the~~	102611
~~local government property tax replacement fund, which is hereby~~	102612
~~created in the state treasury for the purpose of making the~~	102613
~~payments described in section 5727.86 of the Revised Code.~~	102614

Fiscal Year	General Revenue Fund	School District Property Tax Replacement Fund	Local Government Property Tax Replacement Fund	102615
2001-2011	63.0%	25.4%	11.6%	102616
2012 and thereafter	88.0%	9.0%	3.0%	102617

(C) The natural gas tax receipts fund is hereby created in	102618
the state treasury and shall consist of money arising from the tax	102619
imposed by section 5727.811 of the Revised Code. All money in the	102620
fund shall be credited as follows:	102621

(1) For fiscal years before fiscal year 2012:

102622

(a) Sixty-eight and seven-tenths per cent shall be credited	102623
to the school district property tax replacement fund for the	102624
purpose of making the payments described in section 5727.85 of the	102625
Revised Code.	102626

~~(2)~~(b) Thirty-one and three-tenths per cent shall be credited	102627
to the local government property tax replacement fund for the	102628
purpose of making the payments described in section 5727.86 of the	102629
Revised Code.	102630

(2) For fiscal years 2012 and thereafter, one hundred per	102631
cent to the general revenue fund.	102632

(D) Not later than January 1, 2002, the tax commissioner	102633
shall determine for each taxing district its electric company tax	102634
value loss, which is the sum of the applicable amounts described	102635
in divisions (D)(1) to (4) of this section:	102636

(1) The difference obtained by subtracting the amount	102637
described in division (D)(1)(b) from the amount described in	102638
division (D)(1)(a) of this section.	102639

(a) The value of electric company and rural electric company	102640
tangible personal property as assessed by the tax commissioner for	102641
tax year 1998 on a preliminary assessment, or an amended	102642
preliminary assessment if issued prior to March 1, 1999, and as	102643
apportioned to the taxing district for tax year 1998;	102644

(b) The value of electric company and rural electric company	102645
tangible personal property as assessed by the tax commissioner for	102646
tax year 1998 had the property been apportioned to the taxing	102647
district for tax year 2001, and assessed at the rates in effect	102648
for tax year 2001.	102649

(2) The difference obtained by subtracting the amount	102650
described in division (D)(2)(b) from the amount described in	102651
division (D)(2)(a) of this section.	102652

(a) The three-year average for tax years 1996, 1997, and 1998	102653
of the assessed value from nuclear fuel materials and assemblies	102654
assessed against a person under Chapter 5711. of the Revised Code	102655
from the leasing of them to an electric company for those	102656
respective tax years, as reflected in the preliminary assessments;	102657

(b) The three-year average assessed value from nuclear fuel	102658
materials and assemblies assessed under division (D)(2)(a) of this	102659
section for tax years 1996, 1997, and 1998, as reflected in the	102660
preliminary assessments, using an assessment rate of twenty-five	102661
per cent.	102662

(3) In the case of a taxing district having a nuclear power	102663
plant within its territory, any amount, resulting in an electric	102664
company tax value loss, obtained by subtracting the amount	102665
described in division (D)(1) of this section from the difference	102666
obtained by subtracting the amount described in division (D)(3)(b)	102667
of this section from the amount described in division (D)(3)(a) of	102668
this section.	102669

(a) The value of electric company tangible personal property	102670
as assessed by the tax commissioner for tax year 2000 on a	102671
preliminary assessment, or an amended preliminary assessment if	102672
issued prior to March 1, 2001, and as apportioned to the taxing	102673
district for tax year 2000;	102674

(b) The value of electric company tangible personal property	102675
as assessed by the tax commissioner for tax year 2001 on a	102676
preliminary assessment, or an amended preliminary assessment if	102677
issued prior to March 1, 2002, and as apportioned to the taxing	102678
district for tax year 2001.	102679

(4) In the case of a taxing district having a nuclear power	102680
plant within its territory, the difference obtained by subtracting	102681
the amount described in division (D)(4)(b) of this section from	102682
the amount described in division (D)(4)(a) of this section,	102683
provided that such difference is greater than ten per cent of the	102684
amount described in division (D)(4)(a) of this section.	102685

(a) The value of electric company tangible personal property	102686
as assessed by the tax commissioner for tax year 2005 on a	102687
preliminary assessment, or an amended preliminary assessment if	102688
issued prior to March 1, 2006, and as apportioned to the taxing	102689
district for tax year 2005;	102690

(b) The value of electric company tangible personal property	102691
as assessed by the tax commissioner for tax year 2006 on a	102692
preliminary assessment, or an amended preliminary assessment if	102693
issued prior to March 1, 2007, and as apportioned to the taxing	102694
district for tax year 2006.	102695

(E) Not later than January 1, 2002, the tax commissioner	102696
shall determine for each taxing district its natural gas company	102697
tax value loss, which is the sum of the amounts described in	102698
divisions (E)(1) and (2) of this section:	102699

(1) The difference obtained by subtracting the amount	102700
described in division (E)(1)(b) from the amount described in	102701
division (E)(1)(a) of this section.	102702

(a) The value of all natural gas company tangible personal	102703
property, other than property described in division (E)(2) of this	102704
section, as assessed by the tax commissioner for tax year 1999 on	102705
a preliminary assessment, or an amended preliminary assessment if	102706
issued prior to March 1, 2000, and apportioned to the taxing	102707
district for tax year 1999;	102708

(b) The value of all natural gas company tangible personal	102709
property, other than property described in division (E)(2) of this	102710
section, as assessed by the tax commissioner for tax year 1999 had	102711
the property been apportioned to the taxing district for tax year	102712
2001, and assessed at the rates in effect for tax year 2001.	102713

(2) The difference in the value of current gas obtained by	102714
subtracting the amount described in division (E)(2)(b) from the	102715
amount described in division (E)(2)(a) of this section.	102716

(a) The three-year average assessed value of current gas as	102717
assessed by the tax commissioner for tax years 1997, 1998, and	102718
1999 on a preliminary assessment, or an amended preliminary	102719
assessment if issued prior to March 1, 2001, and as apportioned in	102720
the taxing district for those respective years;	102721

(b) The three-year average assessed value from current gas	102722
under division (E)(2)(a) of this section for tax years 1997, 1998,	102723
and 1999, as reflected in the preliminary assessment, using an	102724
assessment rate of twenty-five per cent.	102725

(F) The tax commissioner may request that natural gas	102726
companies, electric companies, and rural electric companies file a	102727
report to help determine the tax value loss under divisions (D)	102728
and (E) of this section. The report shall be filed within thirty	102729
days of the commissioner's request. A company that fails to file	102730
the report or does not timely file the report is subject to the	102731
penalty in section 5727.60 of the Revised Code.	102732

(G) Not later than January 1, 2002, the tax commissioner	102733
shall determine for each school district, joint vocational school	102734
district, and local taxing unit its fixed-rate levy loss, which is	102735
the sum of its electric company tax value loss multiplied by the	102736
tax rate in effect in tax year 1998 for fixed-rate levies and its	102737
natural gas company tax value loss multiplied by the tax rate in	102738
effect in tax year 1999 for fixed-rate levies.	102739

(H) Not later than January 1, 2002, the tax commissioner	102740
shall determine for each school district, joint vocational school	102741
district, and local taxing unit its fixed-sum levy loss, which is	102742
the amount obtained by subtracting the amount described in	102743
division (H)(2) of this section from the amount described in	102744
division (H)(1) of this section:	102745

(1) The sum of the electric company tax value loss multiplied	102746
by the tax rate in effect in tax year 1998, and the natural gas	102747
company tax value loss multiplied by the tax rate in effect in tax	102748
year 1999, for fixed-sum levies for all taxing districts within	102749
each school district, joint vocational school district, and local	102750
taxing unit. For the years 2002 through 2006, this computation	102751
shall include school district emergency levies that existed in	102752
1998 in the case of the electric company tax value loss, and 1999	102753
in the case of the natural gas company tax value loss, and all	102754
other fixed-sum levies that existed in 1998 in the case of the	102755
electric company tax value loss and 1999 in the case of the	102756
natural gas company tax value loss and continue to be charged in	102757
the tax year preceding the distribution year. For the years 2007	102758
through 2016 in the case of school district emergency levies, and	102759
for all years after 2006 in the case of all other fixed-sum	102760
levies, this computation shall exclude all fixed-sum levies that	102761
existed in 1998 in the case of the electric company tax value loss	102762
and 1999 in the case of the natural gas company tax value loss,	102763
but are no longer in effect in the tax year preceding the	102764
distribution year. For the purposes of this section, an emergency	102765
levy that existed in 1998 in the case of the electric company tax	102766
value loss, and 1999 in the case of the natural gas company tax	102767
value loss, continues to exist in a year beginning on or after	102768
January 1, 2007, but before January 1, 2017, if, in that year, the	102769
board of education levies a school district emergency levy for an	102770
annual sum at least equal to the annual sum levied by the board in	102771
tax year 1998 or 1999, respectively, less the amount of the	102772
payment certified under this division for 2002.	102773

(2) The total taxable value in tax year 1999 less the tax	102774
value loss in each school district, joint vocational school	102775
district, and local taxing unit multiplied by one-fourth of one	102776
mill.	102777

If the amount computed under division (H) of this section for	102778
any school district, joint vocational school district, or local	102779
taxing unit is greater than zero, that amount shall equal the	102780
fixed-sum levy loss reimbursed pursuant to division ~~(E)~~(F) of	102781
section 5727.85 of the Revised Code or division (A)(2) of section	102782
5727.86 of the Revised Code, and the one-fourth of one mill that	102783
is subtracted under division (H)(2) of this section shall be	102784
apportioned among all contributing fixed-sum levies in the	102785
proportion of each levy to the sum of all fixed-sum levies within	102786
each school district, joint vocational school district, or local	102787
taxing unit.	102788

(I) Notwithstanding divisions (D), (E), (G), and (H) of this	102789
section, in computing the tax value loss, fixed-rate levy loss,	102790
and fixed-sum levy loss, the tax commissioner shall use the	102791
greater of the 1998 tax rate or the 1999 tax rate in the case of	102792
levy losses associated with the electric company tax value loss,	102793
but the 1999 tax rate shall not include for this purpose any tax	102794
levy approved by the voters after June 30, 1999, and the tax	102795
commissioner shall use the greater of the 1999 or the 2000 tax	102796
rate in the case of levy losses associated with the natural gas	102797
company tax value loss.	102798

(J) Not later than January 1, 2002, the tax commissioner	102799
shall certify to the department of education the tax value loss	102800
determined under divisions (D) and (E) of this section for each	102801
taxing district, the fixed-rate levy loss calculated under	102802
division (G) of this section, and the fixed-sum levy loss	102803
calculated under division (H) of this section. The calculations	102804
under divisions (G) and (H) of this section shall separately	102805
display the levy loss for each levy eligible for reimbursement.	102806

(K) Not later than September 1, 2001, the tax commissioner	102807
shall certify the amount of the fixed-sum levy loss to the county	102808
auditor of each county in which a school district with a fixed-sum	102809
levy loss has territory.	102810

Sec. 5727.85. (A) By the thirty-first day of July of each	102811
year, beginning in 2002 and ending in ~~2016~~2010, the department of	102812
education shall determine the following for each school district	102813
and each joint vocational school district:	102814

(1) The state education aid offset, which, except as provided	102815
in division (A)(1)(c) of this section, is the difference obtained	102816
by subtracting the amount described in division (A)(1)(b) of this	102817
section from the amount described in division (A)(1)(a) of this	102818
section:	102819

(a) The state education aid computed for the school district	102820
or joint vocational school district for the current fiscal year as	102821
of the thirty-first day of July;	102822

(b) The state education aid that would be computed for the	102823
school district or joint vocational school district for the	102824
current fiscal year as of the thirty-first day of July if the	102825
recognized valuation included the tax value loss for the school	102826
district or joint vocational school district;	102827

(c) The state education aid offset for fiscal year 2010 and	102828
fiscal year 2011 equals the greater of the state education aid	102829
offset calculated for that fiscal year under divisions (A)(1)(a)	102830
and (b) of this section or the state education aid offset	102831
calculated for fiscal year 2009.	102832

(2) ~~The~~For fiscal years 2008 through 2011, the greater of	102833
zero or the difference obtained by subtracting the state education	102834
aid offset determined under division (A)(1) of this section from	102835
the fixed-rate levy loss certified under division (J) of section	102836
5727.84 of the Revised Code for all taxing districts in each	102837
school district and joint vocational school district.	102838

By the fifth day of August of each such year, the department	102839
of education shall certify the amount so determined under division	102840
(A)(1) of this section to the director of budget and management.	102841

(B) Not later than the thirty-first day of October of the	102842
years 2006 through ~~2016~~2010, the department of education shall	102843
determine all of the following for each school district:	102844

(1) The amount obtained by subtracting the district's state	102845
education aid computed for fiscal year 2002 from the district's	102846
state education aid computed for the current fiscal year as of the	102847
fifteenth day of July, by including in the definition of	102848
recognized valuation the machinery and equipment, inventory,	102849
furniture and fixtures, and telephone property tax value losses,	102850
as defined in section 5751.20 of the Revised Code, for the school	102851
district or joint vocational school district for the preceding tax	102852
year;	102853

(2) The inflation-adjusted property tax loss. The	102854
inflation-adjusted property tax loss equals the fixed-rate levy	102855
loss, excluding the tax loss from levies within the ten-mill	102856
limitation to pay debt charges, determined under division (G) of	102857
section 5727.84 of the Revised Code for all taxing districts in	102858
each school district, plus the product obtained by multiplying	102859
that loss by the cumulative percentage increase in the consumer	102860
price index from January 1, 2002, to the thirtieth day of June of	102861
the current year.	102862

(3) The difference obtained by subtracting the amount	102863
computed under division (B)(1) from the amount of the	102864
inflation-adjusted property tax loss. If this difference is zero	102865
or a negative number, no further payments shall be made under	102866
division (C) of this section to the school district from the	102867
school district property tax replacement fund.	102868

(C) ~~The~~Beginning in 2002 for school districts and beginning	102869
in August 2011 for joint vocational school districts, the	102870
department of education shall pay from the school district	102871
property tax replacement fund to each school district all of the	102872
following:	102873

(1) In February 2002, one-half of the fixed-rate levy loss	102874
certified under division (J) of section 5727.84 of the Revised	102875
Code between the twenty-first and twenty-eighth days of February.	102876

(2) From August 2002 through ~~August 2017~~February 2011,	102877
one-half of the amount calculated for that fiscal year under	102878
division (A)(2) of this section between the twenty-first and	102879
twenty-eighth days of August and of February, provided the	102880
difference computed under division (B)(3) of this section is not	102881
less than or equal to zero.	102882

~~For~~(3) For fiscal years 2012 and thereafter, the sum of the	102883
amounts in divisions (C)(3)(a) or (b) and (c) of this section	102884
shall be paid on or before the thirty-first day of August and the	102885
twenty-eighth day of February:	102886

(a) If the ratio of 2011 current expense S.B. 3 allocation to	102887
total resources is equal to or less than the threshold per cent,	102888
zero;	102889

(b) If the ratio of 2011 current expense S.B. 3 allocation to	102890
total resources is greater than the threshold per cent, fifty per	102891
cent of the difference of 2011 current expense S.B. 3 allocation	102892
minus the product of total resources multiplied by the threshold	102893
per cent;	102894

(c) Fifty per cent of the product of 2011 non-current expense	102895
S.B. 3 allocation multiplied by seventy-five per cent for fiscal	102896
year 2012 and fifty per cent for fiscal years 2013 and thereafter.	102897

The department of education shall report to each school	102898
district the apportionment of the payments among the school	102899
district's funds based on the certifications under division (J) of	102900
section 5727.84 of the Revised Code.	102901

(D) For taxes levied within the ten-mill limitation for debt	102902
purposes in tax year 1998 in the case of electric company tax	102903
value losses, and in tax year 1999 in the case of natural gas	102904
company tax value losses, payments shall be made equal to one	102905
hundred per cent of the loss computed as if the tax were a	102906
fixed-rate levy, but those payments shall extend from fiscal year	102907
2006 through fiscal year 2016.	102908

~~The department of education shall report to each school~~	102909
~~district the apportionment of the payments among the school~~	102910
~~district's funds based on the certifications under division (J) of~~	102911
~~section 5727.84 of the Revised Code.~~	102912

~~(D)~~(E) Not later than January 1, 2002, for all taxing	102913
districts in each joint vocational school district, the tax	102914
commissioner shall certify to the department of education the	102915
fixed-rate levy loss determined under division (G) of section	102916
5727.84 of the Revised Code. From February 2002 ~~to August 2016~~	102917
through February 2011, the department shall pay from the school	102918
district property tax replacement fund to the joint vocational	102919
school district one-half of the amount calculated for that fiscal	102920
year under division (A)(2) of this section between the	102921
twenty-first and twenty-eighth days of August and of February.	102922

~~(E)~~(F)(1) Not later than January 1, 2002, for each fixed-sum	102923
levy levied by each school district or joint vocational school	102924
district and for each year for which a determination is made under	102925
division (H) of section 5727.84 of the Revised Code that a	102926
fixed-sum levy loss is to be reimbursed, the tax commissioner	102927
shall certify to the department of education the fixed-sum levy	102928
loss determined under that division. The certification shall cover	102929
a time period sufficient to include all fixed-sum levies for which	102930
the tax commissioner made such a determination. The department	102931
shall pay from the school district property tax replacement fund	102932
to the school district or joint vocational school district	102933
one-half of the fixed-sum levy loss so certified for each year	102934
between the twenty-first and twenty-eighth days of August and of	102935
February.	102936

(2) Beginning in 2003, by the thirty-first day of January of	102937
each year, the tax commissioner shall review the certification	102938
originally made under division ~~(E)~~(F)(1) of this section. If the	102939
commissioner determines that a debt levy that had been scheduled	102940
to be reimbursed in the current year has expired, a revised	102941
certification for that and all subsequent years shall be made to	102942
the department of education.	102943

~~(F)~~(G) If the balance of the half-mill equalization fund	102944
created under section 3318.18 of the Revised Code is insufficient	102945
to make the full amount of payments required under division (D) of	102946
that section, the department of education, at the end of the third	102947
quarter of the fiscal year, shall certify to the director of	102948
budget and management the amount of the deficiency, and the	102949
director shall transfer an amount equal to the deficiency from the	102950
school district property tax replacement fund to the half-mill	102951
equalization fund.	102952

~~(G)~~(H) Beginning in August 2002, and ending in May ~~2017~~2011,	102953
the director of budget and management shall transfer from the	102954
school district property tax replacement fund to the general	102955
revenue fund each of the following:	102956

(1) Between the twenty-eighth day of August and the fifth day	102957
of September, the lesser of one-half of the amount certified for	102958
that fiscal year under division (A)(2) of this section or the	102959
balance in the school district property tax replacement fund;	102960

(2) Between the first and fifth days of May, the lesser of	102961
one-half of the amount certified for that fiscal year under	102962
division (A)(2) of this section or the balance in the school	102963
district property tax replacement fund.	102964

~~(H)~~(I) On the first day of June each year, the director of	102965
budget and management shall transfer any balance remaining in the	102966
school district property tax replacement fund after the payments	102967
have been made under divisions (C), (D), (E), (F), ~~and~~ (G), and	102968
(H) of this section to the half-mill equalization fund created	102969
under section 3318.18 of the Revised Code to the extent required	102970
to make any payments in the current fiscal year under that	102971
section, and shall transfer the remaining balance to the general	102972
revenue fund.	102973

~~(I) From~~(J) After fiscal year 2002 ~~through fiscal year 2016~~,	102974
if the total amount in the school district property tax	102975
replacement fund is insufficient to make all payments under	102976
divisions (C), (D), (E), ~~and~~ (F), and (G) of this section at the	102977
time the payments are to be made, the director of budget and	102978
management shall transfer from the general revenue fund to the	102979
school district property tax replacement fund the difference	102980
between the total amount to be paid and the total amount in the	102981
school district property tax replacement fund, except that no	102982
transfer shall be made by reason of a deficiency to the extent	102983
that it results from the amendment of section 5727.84 of the	102984
Revised Code by Amended Substitute House Bill No. 95 of the 125th	102985
general assembly.	102986

~~(J)~~(K) If all of the territory of a school district or joint	102987
vocational school district is merged with an existing district, or	102988
if a part of the territory of a school district or joint	102989
vocational school district is transferred to an existing or new	102990
district, the department of education, in consultation with the	102991
tax commissioner, shall adjust the payments made under this	102992
section as follows:	102993

(1) For the merger of all of the territory of two or more	102994
districts, the ~~fixed-rate levy loss and the~~total resources, 2011	102995
current expense S.B. 3 allocation, total 2011 S.B. 3 allocation,	102996
2011 non-current expense S.B. 3 allocation, and fixed-sum levy	102997
loss of the successor district shall be equal to the sum of the	102998
~~fixed-rate levy losses and the~~total resources, 2011 current	102999
expense S.B. 3 allocation, total 2011 S.B. 3 allocation, 2011	103000
non-current expense S.B. 3 allocation, and fixed-sum levy ~~losses~~	103001
loss for each of the districts involved in the merger.	103002

(2) For the transfer of a part of one district's territory to	103003
an existing district, the amount of the ~~fixed-rate levy loss~~total	103004
resources, 2011 current expense S.B. 3 allocation, total 2011 S.B.	103005
3 allocation, and 2011 non-current expense S.B. 3 allocation that	103006
is transferred to the recipient district shall be an amount equal	103007
to the transferring district's ~~total fixed-rate levy loss~~total	103008
resources, 2011 current expense S.B. 3 allocation, total 2011 S.B.	103009
3 allocation, and 2011 non-current expense S.B. 3 allocation times	103010
a fraction, the numerator of which is the ~~value of electric~~	103011
~~company tangible personal property located in the part of the~~	103012
~~territory that was~~number of pupils being transferred to the	103013
recipient district, measured, in the case of a school district, by	103014
average daily membership as reported under division (A) of section	103015
3317.03 of the Revised Code or, in the case of a joint vocational	103016
school district, by formula ADM as reported in division (D) of	103017
that section, and the denominator of which is the ~~total value of~~	103018
~~electric company tangible personal property located in the entire~~	103019
~~district from which the territory was transferred. The value of~~	103020
~~electric company tangible personal property under this division~~	103021
~~shall be determined for the most recent year for which data is~~	103022
~~available~~average daily membership or formula ADM of the	103023
transferor district. Fixed-sum levy losses for both districts	103024
shall be determined under division ~~(J)~~(K)(4) of this section.	103025

(3) For the transfer of a part of the territory of one or	103026
more districts to create a new district:	103027

(a) If the new district is created on or after January 1,	103028
2000, but before January 1, 2005, the new district shall be paid	103029
its current fixed-rate levy loss through August 2009. ~~From~~In	103030
February 2010 to, August ~~2016~~2010, and February 2011, the new	103031
district shall be paid fifty per cent of the lesser of: (i) the	103032
amount calculated under division (C)(2) of this section or (ii) an	103033
amount equal to seventy per cent of the new district's fixed-rate	103034
levy loss ~~multiplied by the percentage prescribed by the following~~	103035
~~schedule:~~	103036

~~YEAR~~	~~PERCENTAGE~~	103037
~~2010~~	~~70%~~	103038
~~2011~~	~~70%~~	103039
~~2012~~	~~60%~~	103040
~~2013~~	~~50%~~	103041
~~2014~~	~~40%~~	103042
~~2015~~	~~24%~~	103043
~~2016~~	~~11.5%~~	103044
~~2017 and thereafter~~	0%.	103045

Beginning in fiscal year 2012, the new district shall be paid	103046
as provided in division (C) of this section.	103047

Fixed-sum levy losses for the districts shall be determined	103048
under division ~~(J)~~(K)(4) of this section.	103049

(b) If the new district is created on or after January 1,	103050
2005, the new district shall be deemed not to have any fixed-rate	103051
levy loss or, except as provided in division ~~(J)~~(K)(4) of this	103052
section, fixed-sum levy loss. The district or districts from which	103053
the territory was transferred shall have no reduction in their	103054
fixed-rate levy loss, or, except as provided in division ~~(J)~~(K)(4)	103055
of this section, their fixed-sum levy loss.	103056

(4) If a recipient district under division ~~(J)~~(K)(2) of this	103057
section or a new district under division ~~(J)~~(K)(3)(a) or (b) of	103058
this section takes on debt from one or more of the districts from	103059
which territory was transferred, and any of the districts	103060
transferring the territory had fixed-sum levy losses, the	103061
department of education, in consultation with the tax	103062
commissioner, shall make an equitable division of the fixed-sum	103063
levy losses.	103064

~~(K) There is hereby created the public utility property tax~~	103065
~~study committee, effective January 1, 2011. The committee shall~~	103066
~~consist of the following seven members: the tax commissioner,~~	103067
~~three members of the senate appointed by the president of the~~	103068
~~senate, and three members of the house of representatives~~	103069
~~appointed by the speaker of the house of representatives. The~~	103070
~~appointments shall be made not later than January 31, 2011. The~~	103071
~~tax commissioner shall be the chairperson of the committee.~~	103072

~~The committee shall study the extent to which each school~~	103073
~~district or joint vocational school district has been compensated,~~	103074
~~under sections 5727.84 and 5727.85 of the Revised Code as enacted~~	103075
~~by Substitute Senate Bill No. 3 of the 123rd general assembly and~~	103076
~~any subsequent acts, for the property tax loss caused by the~~	103077
~~reduction in the assessment rates for natural gas, electric, and~~	103078
~~rural electric company tangible personal property. Not later than~~	103079
~~June 30, 2011, the committee shall issue a report of its findings,~~	103080
~~including any recommendations for providing additional~~	103081
~~compensation for the property tax loss or regarding remedial~~	103082
~~legislation, to the president of the senate and the speaker of the~~	103083
~~house of representatives, at which time the committee shall cease~~	103084
~~to exist.~~	103085

~~The department of taxation and department of education shall~~	103086
~~provide such information and assistance as is required for the~~	103087
~~committee to carry out its duties.~~	103088

Sec. 5727.86. (A) Not later than January 1, 2002, the tax	103089
commissioner shall compute the payments to be made to each local	103090
taxing unit for each year according to divisions (A)(1), (2), (3),	103091
and (4) and division (E) of this section, and shall distribute the	103092
payments in the manner prescribed by division (C) of this section.	103093
The calculation of the fixed-sum levy loss shall cover a time	103094
period sufficient to include all fixed-sum levies for which the	103095
tax commissioner determined, pursuant to division (H) of section	103096
5727.84 of the Revised Code, that a fixed-sum levy loss is to be	103097
reimbursed.	103098

(1) Except as provided in divisions (A)(3) and (4) of this	103099
section, ~~for fixed-rate levy losses determined under division (G)~~	103100
~~of section 5727.84 of the Revised Code, payments shall be made in~~	103101
~~each of the following years at the following percentage of the~~	103102
~~fixed-rate levy loss certified under division (A) of this section:~~	103103

~~YEAR~~	~~PERCENTAGE~~	103104
~~2002~~	~~100%~~	103105
~~2003~~	~~100%~~	103106
~~2004~~	~~100%~~	103107
~~2005~~	~~100%~~	103108
~~2006~~	~~100%~~	103109
~~2007~~	~~80%~~	103110
~~2008~~	~~80%~~	103111
~~2009~~	~~80%~~	103112
~~2010~~	~~80%~~	103113
~~2011~~	~~80%~~	103114
~~2012~~	~~66.7%~~	103115
~~2013~~	~~53.4%~~	103116
~~2014~~	~~40.1%~~	103117
~~2015~~	~~26.8%~~	103118
~~2016~~	~~13.5%~~	103119
~~2017 and thereafter~~	0%	103120

the following amounts shall be paid on or before the thirty-first	103121
day of August and the twenty-eighth day of February:	103122

(a) For years 2002 through 2006, fifty per cent of the	103123
fixed-rate levy loss computed under division (G) of section	103124
5727.84 of the Revised Code;	103125

(b) For years 2007 through 2010, forty per cent of the fixed	103126
rate levy loss computed under division (G) of section 5727.84 of	103127
the Revised Code;	103128

(c) For the payment in 2011 to be made on or before the	103129
twentieth day of February, the amount required to be paid in 2010	103130
on or before the twentieth day of February;	103131

(d) For the payment in 2011 to be made on or before the	103132
thirty-first day of August and for all payments to be made in	103133
years 2012 and thereafter, the sum of the amounts in divisions	103134
(A)(1)(d)(i) or (ii) and (iii) of this section:	103135

(i) If the ratio of fifty per cent of the taxing unit's 2010	103136
S.B. 3 allocation to its total resources is equal to or less than	103137
the threshold per cent, zero;	103138

(ii) If the ratio of fifty per cent of the taxing unit's 2010	103139
S.B. 3 allocation to its total resources is greater than the	103140
threshold per cent, the difference of fifty per cent of the 2010	103141
S.B. 3 allocation minus the product of total resources multiplied	103142
by the threshold per cent;	103143

(iii) In the case of a municipal corporation, fifty per cent	103144
of the product of its 2010 non-current expense S.B. 3 allocation	103145
multiplied by seventy-five per cent for year 2011, fifty per cent	103146
for year 2012, and twenty-five percent for years 2013 and	103147
thereafter.	103148

(2) For fixed-sum levy losses determined under division (H)	103149
of section 5727.84 of the Revised Code, payments shall be made in	103150
the amount of one hundred per cent of the fixed-sum levy loss for	103151
payments required to be made in 2002 and thereafter.	103152

(3) A local taxing unit in a county of less than two hundred	103153
fifty square miles that receives eighty per cent or more of its	103154
combined general fund and bond retirement fund revenues from	103155
property taxes and rollbacks based on 1997 actual revenues as	103156
presented in its 1999 tax budget, and in which electric companies	103157
and rural electric companies comprise over twenty per cent of its	103158
property valuation, shall receive one hundred per cent of its	103159
fixed-rate levy losses from electric company tax value losses	103160
certified under division (A) of this section in years 2002 to ~~2016~~	103161
2010. Beginning in 2011, payments for such local taxing units	103162
shall be determined under division (A)(1) of this section.	103163

(4) For taxes levied within the ten-mill limitation or	103164
pursuant to a municipal charter for debt purposes in tax year 1998	103165
in the case of electric company tax value losses, and in tax year	103166
1999 in the case of natural gas company tax value losses, payments	103167
shall be made equal to one hundred per cent of the loss computed	103168
as if the tax were a fixed-rate levy, but those payments shall	103169
extend from ~~fiscal year 2006~~2011 through ~~fiscal year~~ 2016 if the	103170
levy was imposed for debt purposes in tax year 2010. If the levy	103171
is not imposed for debt purposes in tax year 2010 or any following	103172
tax year before tax year 2016, payments for that levy shall be	103173
made under division (A)(1) of this section beginning with the	103174
first year after the year the levy is imposed for a purpose other	103175
than debt. For the purposes of this division, taxes levied	103176
pursuant to a municipal charter refer to taxes levied pursuant to	103177
a provision of a municipal charter that permits the tax to be	103178
levied without prior voter approval.	103179

(B) Beginning in 2003, by the thirty-first day of January of	103180
each year, the tax commissioner shall review the calculation	103181
originally made under division (A) of this section of the	103182
fixed-sum levy loss determined under division (H) of section	103183
5727.84 of the Revised Code. If the commissioner determines that a	103184
fixed-sum levy that had been scheduled to be reimbursed in the	103185
current year has expired, a revised calculation for that and all	103186
subsequent years shall be made.	103187

(C) Payments to local taxing units required to be made under	103188
divisions (A) and (E) of this section shall be paid from the local	103189
government property tax replacement fund to the county undivided	103190
income tax fund in the proper county treasury. ~~One-half of the~~	103191
~~amount certified under those divisions shall be paid between the~~	103192
~~twenty-first and twenty-eighth days of August and of February.~~ The	103193
county treasurer shall distribute amounts paid under division (A)	103194
of this section to the proper local taxing unit as if they had	103195
been levied and collected as taxes, and the local taxing unit	103196
shall apportion the amounts so received among its funds in the	103197
same proportions as if those amounts had been levied and collected	103198
as taxes. Except in the case of amounts distributed to the county	103199
as a local taxing unit, amounts distributed under division (E)(2)	103200
of this section shall be credited to the general fund of the local	103201
taxing unit that receives them. Amounts distributed to each county	103202
as a local taxing unit under division (E)(2) of this section shall	103203
be credited in the proportion that the current taxes charged and	103204
payable from each levy of or by the county bears to the total	103205
current taxes charged and payable from all levies of or by the	103206
county.	103207

(D) By February 5, 2002, the tax commissioner shall estimate	103208
the amount of money in the local government property tax	103209
replacement fund in excess of the amount necessary to make	103210
payments in that month under division (C) of this section.	103211
Notwithstanding division (A) of this section, the tax commissioner	103212
may pay any local taxing unit, from those excess funds, nine and	103213
four-tenths times the amount computed for 2002 under division	103214
(A)(1) of this section. A payment made under this division shall	103215
be in lieu of the payment to be made in February 2002 under	103216
division (A)(1) of this section. A local taxing unit receiving a	103217
payment under this division will no longer be entitled to any	103218
further payments under division (A)(1) of this section. A payment	103219
made under this division shall be paid from the local government	103220
property tax replacement fund to the county undivided income tax	103221
fund in the proper county treasury. The county treasurer shall	103222
distribute the payment to the proper local taxing unit as if it	103223
had been levied and collected as taxes, and the local taxing unit	103224
shall apportion the amounts so received among its funds in the	103225
same proportions as if those amounts had been levied and collected	103226
as taxes.	103227

(E)(1) On the thirty-first day of July of 2002, 2003, 2004,	103228
2005, and 2006, and on the thirty-first day of January and July of	103229
2007 ~~and each year thereafter~~through January 2011, if the amount	103230
credited to the local government property tax replacement fund	103231
exceeds the amount needed to be distributed from the fund under	103232
division (A) of this section in the following month, the tax	103233
commissioner shall distribute the excess to each county as	103234
follows:	103235

(a) One-half shall be distributed to each county in	103236
proportion to each county's population.	103237

(b) One-half shall be distributed to each county in the	103238
proportion that the amounts determined under divisions (G) and (H)	103239
of section 5727.84 of the Revised Code for all local taxing units	103240
in the county is of the total amounts so determined for all local	103241
taxing units in the state.	103242

(2) The amounts distributed to each county under division (E)	103243
of this section shall be distributed by the county auditor to each	103244
local taxing unit in the county in the proportion that the unit's	103245
current taxes charged and payable are of the total current taxes	103246
charged and payable of all the local taxing units in the county.	103247
If the amount that the county auditor determines to be distributed	103248
to a local taxing unit is less than five dollars, that amount	103249
shall not be distributed, and the amount not distributed shall	103250
remain credited to the county undivided income tax fund. At the	103251
time of the next distribution under division (E)(2) of this	103252
section, any amount that had not been distributed in the prior	103253
distribution shall be added to the amount available for the next	103254
distribution prior to calculation of the amount to be distributed.	103255
As used in this division, "current taxes charged and payable"	103256
means the taxes charged and payable as most recently determined	103257
for local taxing units in the county.	103258

~~(3) If, in the opinion of the tax commissioner, the excess~~	103259
~~remaining in the local government property tax replacement fund in~~	103260
~~any year is not sufficient to warrant distribution~~After January	103261
2011, any amount that exceeds the amount needed to be distributed	103262
from the fund under division ~~(E)~~(A) of this section~~, the excess~~	103263
~~shall remain to the credit of~~in the following month shall be	103264
transferred to the general revenue fund.	103265

(F) ~~From fiscal year 2002 through fiscal year 2016, if~~If the	103266
total amount in the local government property tax replacement fund	103267
is insufficient to make all payments under division (C) of this	103268
section at the times the payments are to be made, the director of	103269
budget and management shall transfer from the general revenue fund	103270
to the local government property tax replacement fund the	103271
difference between the total amount to be paid and the amount in	103272
the local government property tax replacement fund, except that no	103273
transfer shall be made by reason of a deficiency to the extent	103274
that it results from the amendment of section 5727.84 of the	103275
Revised Code by Amended Substitute House Bill 95 of the 125th	103276
general assembly.	103277

(G) If all or a part of the territories of two or more local	103278
taxing units are merged, or unincorporated territory of a township	103279
is annexed by a municipal corporation, the tax commissioner shall	103280
adjust the payments made under this section to each of the local	103281
taxing units in proportion to the ~~tax value loss~~square mileage	103282
apportioned to the merged or annexed territory, or as otherwise	103283
provided by a written agreement between the legislative	103284
authorities of the local taxing units certified to the tax	103285
commissioner not later than the first day of June of the calendar	103286
year in which the payment is to be made.	103287

Sec. 5729.17. (A) As used in this section, "certificate	103288
owner" has the same meaning as in section 149.311 of the Revised	103289
Code.	103290

(B) There is allowed a credit against the tax imposed by	103291
section 5729.03 of the Revised Code for an insurance company	103292
subject to that tax that is a certificate owner of a	103293
rehabilitation tax credit certificate issued under section 149.311	103294
of the Revised Code. The credit shall equal twenty-five per cent	103295
of the dollar amount indicated on the certificate, but the amount	103296
of the credit allowed for any company for any year shall not	103297
exceed five million dollars. The credit shall be claimed in the	103298
calendar year specified in the certificate and in the order	103299
required under section 5729.98 of the Revised Code. If the credit	103300
exceeds the amount of tax otherwise due in that year, the excess	103301
shall be refunded to the company but, if any amount of the credit	103302
is refunded, the sum of the amount refunded and the amount applied	103303
to reduce the tax otherwise due in that year shall not exceed	103304
three million dollars. The company may carry forward any balance	103305
of the credit in excess of the amount claimed in that year for not	103306
more than five ensuing years, and shall deduct any amount claimed	103307
in any such year from the amount claimed in an ensuing year.	103308

(C) An insurance company claiming a credit under this section	103309
shall retain the rehabilitation tax credit certificate for four	103310
years following the end of the year in which the credit was	103311
claimed, and shall make the certificate available for inspection	103312
by the tax commissioner upon the request of the tax commissioner	103313
during that period.	103314

Sec. 5729.98. (A) To provide a uniform procedure for	103315
calculating the amount of tax due under this chapter, a taxpayer	103316
shall claim any credits and offsets against tax liability to which	103317
it is entitled in the following order:	103318

(1) The credit for an insurance company or insurance company	103319
group under section 5729.031 of the Revised Code;	103320

(2) The credit for eligible employee training costs under	103321
section 5729.07 of the Revised Code;	103322

(3) The credit for purchases of qualified low-income	103323
community investments under section 5729.16 of the Revised Code;	103324

(4) The nonrefundable job retention credit under division	103325
(B)(1) of section 122.171 of the Revised Code;	103326

(5) The offset of assessments by the Ohio life and health	103327
insurance guaranty association against tax liability permitted by	103328
section 3956.20 of the Revised Code;	103329

(6) The refundable credit for rehabilitating a historic	103330
building under section 5729.17 of the Revised Code.	103331

(7) The refundable credit for Ohio job retention under	103332
division (B)(2) or (3) of section 122.171 of the Revised Code;	103333

~~(7)~~(8) The refundable credit for Ohio job creation under	103334
section 5729.032 of the Revised Code;	103335

~~(8)~~(9) The refundable credit under section 5729.08 of the	103336
Revised Code for losses on loans made under the Ohio venture	103337
capital program under sections 150.01 to 150.10 of the Revised	103338
Code.	103339

(B) For any credit except the refundable credits enumerated	103340
in this section, the amount of the credit for a taxable year shall	103341
not exceed the tax due after allowing for any other credit that	103342
precedes it in the order required under this section. Any excess	103343
amount of a particular credit may be carried forward if authorized	103344
under the section creating that credit. Nothing in this chapter	103345
shall be construed to allow a taxpayer to claim, directly or	103346
indirectly, a credit more than once for a taxable year.	103347

Sec. 5731.02. (A) A tax is hereby levied on the transfer of	103348
the taxable estate, determined as provided in section 5731.14 of	103349
the Revised Code, of every person dying on or after July 1, 1968,	103350
and before January 1, 2013, who at the time of death was a	103351
resident of this state, as follows:	103352

If the taxable estate is:	The tax shall be:	103353
Not over $40,000	2% of the taxable estate	103354
Over $40,000 but not over $100,000	$800 plus 3% of the excess over $40,000	103355
Over $100,000 but not over $200,000	$2,600 plus 4% of the excess over $100,000	103356
Over $200,000 but not over $300,000	$6,600 plus 5% of the excess over $200,000	103357
Over $300,000 but not over $500,000	$11,600 plus 6% of the excess over $300,000	103358
Over $500,000	$23,600 plus 7% of the excess over $500,000.	103359

(B) A credit shall be allowed against the tax imposed by	103360
division (A) of this section equal to the lesser of five hundred	103361
dollars or the amount of the tax for persons dying on or after	103362
July 1, 1968, but before January 1, 2001; the lesser of six	103363
thousand six hundred dollars or the amount of the tax for persons	103364
dying on or after January 1, 2001, but before January 1, 2002; or	103365
the lesser of thirteen thousand nine hundred dollars or the amount	103366
of the tax for persons dying on or after January 1, 2002.	103367

Sec. 5731.19. (A) A tax is hereby levied upon the transfer	103368
of so much of the taxable estate of every person dying on or after	103369
July 1, 1968, and before January 1, 2013, who, at the time of ~~his~~	103370
death, was not a resident of this state, as consists of real	103371
property situated in this state, tangible personal property having	103372
an actual situs in this state, and intangible personal property	103373
employed in carrying on a business within this state unless	103374
exempted from tax under the provisions of section 5731.34 of the	103375
Revised Code.	103376

(B) The amount of the tax on such real and tangible personal	103377
property shall be determined as follows:	103378

(1) Determine the amount of tax which would be payable under	103379
Chapter 5731. of the Revised Code if the decedent had died a	103380
resident of this state with all ~~his~~the decedent's property	103381
situated or located within this state;	103382

(2) Multiply the tax so determined by a fraction, the	103383
denominator of which shall be the value of the gross estate	103384
wherever situated and the numerator of which shall be the said	103385
gross estate value of the real property situated and the tangible	103386
personal property having an actual situs in this state and	103387
intangible personal property employed in carrying on a business	103388
within this state and not exempted from tax under section 5731.34	103389
of the Revised Code. The product shall be the amount of tax	103390
payable to this state.	103391

(C) In addition to the tax levied by division (A) of this	103392
section, an additional tax is hereby levied on such real and	103393
tangible personal property determined as follows:	103394

(1) Determine the amount of tax which would be payable under	103395
division (A) of section 5731.18 of the Revised Code, if the	103396
decedent had died a resident of this state with all ~~his~~the	103397
decedent's property situated or located within this state;	103398

(2) Multiply the tax so determined by a fraction, the	103399
denominator of which shall be the value of the gross estate	103400
wherever situated and the numerator of which shall be the said	103401
gross estate value of the real property situated and the tangible	103402
property having an actual situs in this state and intangible	103403
personal property employed in carrying on a business within this	103404
state and not exempted from tax under section 5731.34 of the	103405
Revised Code. The product so derived shall be credited with the	103406
amount of the tax determined under division (B) of this section.	103407

Sec. 5731.21. (A)(1)(a) Except as provided under division	103408
(A)(3) of this section, the executor or administrator, or, if no	103409
executor or administrator has been appointed, another person in	103410
possession of property the transfer of which is subject to estate	103411
taxes under section 5731.02 or division (A) of section 5731.19 of	103412
the Revised Code, shall file an estate tax return, within nine	103413
months of the date of the decedent's death, in the form prescribed	103414
by the tax commissioner, in duplicate, with the probate court of	103415
the county. The return shall include all property the transfer of	103416
which is subject to estate taxes, whether that property is	103417
transferred under the last will and testament of the decedent or	103418
otherwise. The time for filing the return may be extended by the	103419
tax commissioner.	103420

(b) The estate tax return described in division (A)(1)(a) of	103421
this section shall be accompanied by a certificate, in the form	103422
prescribed by the tax commissioner, that is signed by the	103423
executor, administrator, or other person required to file the	103424
return, and that states all of the following:	103425

(i) The fact that the return was filed;

103426

(ii) The date of the filing of the return;

103427

(iii) The fact that the estate taxes under section 5731.02 or	103428
division (A) of section 5731.19 of the Revised Code, that are	103429
shown to be due in the return, have been paid in full;	103430

(iv) If applicable, the fact that real property listed in the	103431
inventory for the decedent's estate is included in the return;	103432

(v) If applicable, the fact that real property not listed in	103433
the inventory for the decedent's estate, including, but not	103434
limited to, survivorship tenancy property as described in section	103435
5302.17 of the Revised Code or transfer on death property as	103436
described in sections 5302.22 and 5302.23 of the Revised Code,	103437
also is included in the return. In this regard, the certificate	103438
additionally shall describe that real property by the same	103439
description used in the return.	103440

(2) The probate court shall forward one copy of the estate	103441
tax return described in division (A)(1)(a) of this section to the	103442
tax commissioner.	103443

(3) A person shall not be required to file a return under	103444
division (A) of this section if the decedent was a resident of	103445
this state and the value of the decedent's gross estate is	103446
twenty-five thousand dollars or less in the case of a decedent	103447
dying on or after July 1, 1968, but before January 1, 2001; two	103448
hundred thousand dollars or less in the case of a decedent dying	103449
on or after January 1, 2001, but before January 1, 2002; or three	103450
hundred thirty-eight thousand three hundred thirty-three dollars	103451
or less in the case of a decedent dying on or after January 1,	103452
2002. No return shall be filed for estates of decedents dying on	103453
or after January 1, 2013.	103454

(4)(a) Upon receipt of the estate tax return described in	103455
division (A)(1)(a) of this section and the accompanying	103456
certificate described in division (A)(1)(b) of this section, the	103457
probate court promptly shall give notice of the return, by a form	103458
prescribed by the tax commissioner, to the county auditor. The	103459
auditor then shall make a charge based upon the notice and shall	103460
certify a duplicate of the charge to the county treasurer. The	103461
treasurer then shall collect, subject to division (A) of section	103462
5731.25 of the Revised Code or any other statute extending the	103463
time for payment of an estate tax, the tax so charged.	103464

(b) Upon receipt of the return and the accompanying	103465
certificate, the probate court also shall forward the certificate	103466
to the auditor. When satisfied that the estate taxes under section	103467
5731.02 or division (A) of section 5731.19 of the Revised Code,	103468
that are shown to be due in the return, have been paid in full,	103469
the auditor shall stamp the certificate so forwarded to verify	103470
that payment. The auditor then shall return the stamped	103471
certificate to the probate court.	103472

(5)(a) The certificate described in division (A)(1)(b) of	103473
this section is a public record subject to inspection and copying	103474
in accordance with section 149.43 of the Revised Code. It shall be	103475
kept in the records of the probate court pertaining to the	103476
decedent's estate and is not subject to the confidentiality	103477
provisions of section 5731.90 of the Revised Code.	103478

(b) All persons are entitled to rely on the statements	103479
contained in a certificate as described in division (A)(1)(b) of	103480
this section if it has been filed in accordance with that	103481
division, forwarded to a county auditor and stamped in accordance	103482
with division (A)(4) of this section, and placed in the records of	103483
the probate court pertaining to the decedent's estate in	103484
accordance with division (A)(5)(a) of this section. The real	103485
property referred to in the certificate shall be free of, and may	103486
be regarded by all persons as being free of, any lien for estate	103487
taxes under section 5731.02 and division (A) of section 5731.19 of	103488
the Revised Code.	103489

(B) An estate tax return filed under this section, in the	103490
form prescribed by the tax commissioner, and showing that no	103491
estate tax is due shall result in a determination that no estate	103492
tax is due, if the tax commissioner within three months after the	103493
receipt of the return by the department of taxation, fails to file	103494
exceptions to the return in the probate court of the county in	103495
which the return was filed. A copy of exceptions to a return of	103496
that nature, when the tax commissioner files them within that	103497
period, shall be sent by ordinary mail to the person who filed the	103498
return. The tax commissioner is not bound under this division by a	103499
determination that no estate tax is due, with respect to property	103500
not disclosed in the return.	103501

(C) If the executor, administrator, or other person required	103502
to file an estate tax return fails to file it within nine months	103503
of the date of the decedent's death, the tax commissioner may	103504
determine the estate tax in that estate and issue a certificate of	103505
determination in the same manner as is provided in division (B) of	103506
section 5731.27 of the Revised Code. A certificate of	103507
determination of that nature has the same force and effect as	103508
though a return had been filed and a certificate of determination	103509
issued with respect to the return.	103510

Sec. 5731.39. (A) No corporation organized or existing under	103511
the laws of this state shall transfer on its books or issue a new	103512
certificate for any share of its capital stock registered in the	103513
name of a decedent, or in trust for a decedent, or in the name of	103514
a decedent and another person or persons, without the written	103515
consent of the tax commissioner.	103516

(B) No safe deposit company, trust company, financial	103517
institution as defined in division (A) of section 5725.01 of the	103518
Revised Code or other corporation or person, having in possession,	103519
control, or custody a deposit standing in the name of a decedent,	103520
or in trust for a decedent, or in the name of a decedent and	103521
another person or persons, shall deliver or transfer an amount in	103522
excess of three-fourths of the total value of such deposit,	103523
including accrued interest and dividends, as of the date of	103524
decedent's death, without the written consent of the tax	103525
commissioner. The written consent of the tax commissioner need not	103526
be obtained prior to the delivery or transfer of amounts having a	103527
value of three-fourths or less of said total value.	103528

(C) No life insurance company shall pay the proceeds of an	103529
annuity or matured endowment contract, or of a life insurance	103530
contract payable to the estate of a decedent, or of any other	103531
insurance contract taxable under Chapter 5731. of the Revised	103532
Code, without the written consent of the tax commissioner. Any	103533
life insurance company may pay the proceeds of any insurance	103534
contract not specified in this division (C) without the written	103535
consent of the tax commissioner.	103536

(D) No trust company or other corporation or person shall pay	103537
the proceeds of any death benefit, retirement, pension or profit	103538
sharing plan in excess of two thousand dollars, without the	103539
written consent of the tax commissioner. Such trust company or	103540
other corporation or person, however, may pay the proceeds of any	103541
death benefit, retirement, pension, or profit-sharing plan which	103542
consists of insurance on the life of the decedent payable to a	103543
beneficiary other than the estate of the insured without the	103544
written consent of the tax commissioner.	103545

(E) No safe deposit company, trust company, financial	103546
institution as defined in division (A) of section 5725.01 of the	103547
Revised Code, or other corporation or person, having in	103548
possession, control, or custody securities, assets, or other	103549
property (including the shares of the capital stock of, or other	103550
interest in, such safe deposit company, trust company, financial	103551
institution as defined in division (A) of section 5725.01 of the	103552
Revised Code, or other corporation), standing in the name of a	103553
decedent, or in trust for a decedent, or in the name of a decedent	103554
and another person or persons, and the transfer of which is	103555
taxable under Chapter 5731. of the Revised Code, shall deliver or	103556
transfer any such securities, assets, or other property which have	103557
a value as of the date of decedent's death in excess of	103558
three-fourths of the total value thereof, without the written	103559
consent of the tax commissioner. The written consent of the tax	103560
commissioner need not be obtained prior to the delivery or	103561
transfer of any such securities, assets, or other property having	103562
a value of three-fourths or less of said total value.	103563

(F) No safe deposit company, financial institution as defined	103564
in division (A) of section 5725.01 of the Revised Code, or other	103565
corporation or person having possession or control of a safe	103566
deposit box or similar receptacle standing in the name of a	103567
decedent or in the name of the decedent and another person or	103568
persons, or to which the decedent had a right of access, except	103569
when such safe deposit box or other receptacle stands in the name	103570
of a corporation or partnership, or in the name of the decedent as	103571
guardian or executor, shall deliver any of the contents thereof	103572
unless the safe deposit box or similar receptacle has been opened	103573
and inventoried in the presence of the tax commissioner or the	103574
commissioner's agent, and a written consent to transfer issued;	103575
provided, however, that a safe deposit company, financial	103576
institution, or other corporation or person having possession or	103577
control of a safe deposit box may deliver wills, deeds to burial	103578
lots, and insurance policies to a representative of the decedent,	103579
but that a representative of the safe deposit company, financial	103580
institution, or other corporation or person must supervise the	103581
opening of the box and make a written record of the wills, deeds,	103582
and policies removed. Such written record shall be included in the	103583
tax commissioner's inventory records.	103584

(G) Notwithstanding any provision of this section:

103585

(1) The tax commissioner may authorize any delivery or	103586
transfer or waive any of the foregoing requirements under such	103587
terms and conditions as the commissioner may prescribe;	103588

(2) An adult care facility, as defined in section ~~3722.01~~	103589
5119.70 of the Revised Code, or a home, as defined in section	103590
3721.10 of the Revised Code, may transfer or use the money in a	103591
personal needs allowance account in accordance with section	103592
5111.113 of the Revised Code without the written consent of the	103593
tax commissioner, and without the account having been opened and	103594
inventoried in the presence of the commissioner or the	103595
commissioner's agent.	103596

Failure to comply with this section shall render such safe	103597
deposit company, trust company, life insurance company, financial	103598
institution as defined in division (A) of section 5725.01 of the	103599
Revised Code, or other corporation or person liable for the amount	103600
of the taxes and interest due under the provisions of Chapter	103601
5731. of the Revised Code on the transfer of such stock, deposit,	103602
proceeds of an annuity or matured endowment contract or of a life	103603
insurance contract payable to the estate of a decedent, or other	103604
insurance contract taxable under Chapter 5731. of the Revised	103605
Code, proceeds of any death benefit, retirement, pension, or	103606
profit sharing plan in excess of two thousand dollars, or	103607
securities, assets, or other property of any resident decedent,	103608
and in addition thereto, to a penalty of not less than five	103609
hundred or more than five thousand dollars.	103610

Sec. 5733.0610. (A) A refundable corporation franchise tax	103611
credit granted by the tax credit authority under section 122.17 or	103612
division (B)(2) or (3) of section 122.171 of the Revised Code may	103613
be claimed under this chapter in the order required under section	103614
5733.98 of the Revised Code. For purposes of making tax payments	103615
under this chapter, taxes equal to the amount of the refundable	103616
credit shall be considered to be paid to this state on the first	103617
day of the tax year. The refundable credit shall not be claimed	103618
for any tax years following the calendar year in which a	103619
relocation of employment positions occurs in violation of an	103620
agreement entered into under section 122.171 of the Revised Code.	103621

(B) A nonrefundable corporation franchise tax credit granted	103622
by the tax credit authority under division (B)(1) of section	103623
122.171 of the Revised Code may be claimed under this chapter in	103624
the order required under section 5733.98 of the Revised Code.	103625

Sec. 5733.23. In addition to all other remedies for the	103626
collection of any taxes or penalties due under law, whenever any	103627
taxes, fees, or penalties due from any corporation have remained	103628
unpaid for a period of ninety days, or whenever any corporation	103629
has failed for a period of ninety days to make any report or	103630
return required by law, or to pay any penalty for failure to make	103631
or file such report or return, the attorney general, upon the	103632
request of the tax commissioner, shall file a petition in the	103633
court of common pleas in the county of the state in which such	103634
corporation has its principal place of business for a judgment for	103635
the amount of the taxes or penalties appearing to be due, the	103636
enforcement of any lien in favor of the state, and an injunction	103637
to restrain such corporation and its officers, directors, and	103638
managing agents from the transaction of any business within this	103639
state, other than such acts as are incidental to liquidation or	103640
winding up, until the payment of such taxes, fees, and penalties,	103641
and the costs of the proceeding which shall be fixed by the court,	103642
or the making and filing of such report or return.	103643

Such petition shall be in the name of the state. All or any	103644
of the corporations having their principal places of business in	103645
the county may be joined in one suit. On the motion of the	103646
attorney general, the court of common pleas shall enter an order	103647
requiring all defendants to answer by a day certain, and may	103648
appoint a special master commissioner to take testimony, with such	103649
other power and authority as the court confers, and permitting	103650
process to be served by registered mail and by publication in a	103651
newspaper of general circulation ~~published~~ in the county, which	103652
publication need not be made more than once, setting forth the	103653
name of each delinquent corporation, the matter in which such	103654
corporation is delinquent, the names of its officers, directors,	103655
and managing agents, if set forth in the petition, and the amount	103656
of any taxes, fees, or penalties claimed to be owing by said	103657
corporation.	103658

All or any of the officers, directors, shareholders, or	103659
managing agents of any corporation may be joined as defendants	103660
with such corporation.	103661

If it appears to the court upon hearing that any corporation	103662
which is a party to such proceeding is indebted to the state for	103663
taxes, fees, or penalties, judgment shall be entered therefor with	103664
interest; and if it appears that any corporation has failed to	103665
make or file any report or return, a mandatory injunction may be	103666
issued against such corporation, its officers, directors, and	103667
managing agents, enjoining them from the transaction of any	103668
business within this state, other than acts incidental to	103669
liquidation or winding up, until the making and filing of all	103670
proper reports or returns and until the payment in full of all	103671
taxes, fees, and penalties.	103672

If the officers, directors, shareholders, or managing agents	103673
of a corporation are not made parties in the first instance, and a	103674
judgment or an injunction is rendered or issued against such	103675
corporation, such officers, directors, shareholders, or managing	103676
agents may be made parties to such proceedings upon the motion of	103677
the attorney general, and, upon notice to them of the form and	103678
terms of such injunction, they shall be bound thereby as fully as	103679
if they had been made parties in the first instance.	103680

In any action authorized by this section, a statement of the	103681
commissioner, or the secretary of state, when duly certified,	103682
shall be prima-facie evidence of the amount of taxes, fees, or	103683
penalties due from any corporation, or of the failure of any	103684
corporation to file with the commissioner or the secretary of	103685
state any report required by law, and any such certificate of the	103686
commissioner or the secretary of state may be required in evidence	103687
in any such proceeding.	103688

On the application of any defendant and for good cause shown,	103689
the court may order a separate hearing of the issues as to any	103690
defendant.	103691

The costs of the proceeding shall be apportioned among the	103692
parties as the court deems proper.	103693

The court in such proceeding may make, enter, and enforce	103694
such other judgments and orders and grant such other relief as is	103695
necessary or incidental to the enforcement of the claims and lien	103696
of the state.	103697

In the performance of the duties enjoined upon ~~him~~the	103698
attorney general by this section the attorney general may direct	103699
any prosecuting attorney to bring an action, as authorized by this	103700
section, in the name of the state with respect to any delinquent	103701
corporations within ~~his~~the prosecuting attorney's county, and	103702
like proceedings and orders shall be had as if such action were	103703
instituted by the attorney general.	103704

Sec. 5739.02. For the purpose of providing revenue with	103705
which to meet the needs of the state, for the use of the general	103706
revenue fund of the state, for the purpose of securing a thorough	103707
and efficient system of common schools throughout the state, for	103708
the purpose of affording revenues, in addition to those from	103709
general property taxes, permitted under constitutional	103710
limitations, and from other sources, for the support of local	103711
governmental functions, and for the purpose of reimbursing the	103712
state for the expense of administering this chapter, an excise tax	103713
is hereby levied on each retail sale made in this state.	103714

(A)(1) The tax shall be collected as provided in section	103715
5739.025 of the Revised Code. The rate of the tax shall be five	103716
and one-half per cent. The tax applies and is collectible when the	103717
sale is made, regardless of the time when the price is paid or	103718
delivered.	103719

(2) In the case of the lease or rental, with a fixed term of	103720
more than thirty days or an indefinite term with a minimum period	103721
of more than thirty days, of any motor vehicles designed by the	103722
manufacturer to carry a load of not more than one ton, watercraft,	103723
outboard motor, or aircraft, or of any tangible personal property,	103724
other than motor vehicles designed by the manufacturer to carry a	103725
load of more than one ton, to be used by the lessee or renter	103726
primarily for business purposes, the tax shall be collected by the	103727
vendor at the time the lease or rental is consummated and shall be	103728
calculated by the vendor on the basis of the total amount to be	103729
paid by the lessee or renter under the lease agreement. If the	103730
total amount of the consideration for the lease or rental includes	103731
amounts that are not calculated at the time the lease or rental is	103732
executed, the tax shall be calculated and collected by the vendor	103733
at the time such amounts are billed to the lessee or renter. In	103734
the case of an open-end lease or rental, the tax shall be	103735
calculated by the vendor on the basis of the total amount to be	103736
paid during the initial fixed term of the lease or rental, and for	103737
each subsequent renewal period as it comes due. As used in this	103738
division, "motor vehicle" has the same meaning as in section	103739
4501.01 of the Revised Code, and "watercraft" includes an outdrive	103740
unit attached to the watercraft.	103741

A lease with a renewal clause and a termination penalty or	103742
similar provision that applies if the renewal clause is not	103743
exercised is presumed to be a sham transaction. In such a case,	103744
the tax shall be calculated and paid on the basis of the entire	103745
length of the lease period, including any renewal periods, until	103746
the termination penalty or similar provision no longer applies.	103747
The taxpayer shall bear the burden, by a preponderance of the	103748
evidence, that the transaction or series of transactions is not a	103749
sham transaction.	103750

(3) Except as provided in division (A)(2) of this section, in	103751
the case of a sale, the price of which consists in whole or in	103752
part of the lease or rental of tangible personal property, the tax	103753
shall be measured by the installments of that lease or rental.	103754

(4) In the case of a sale of a physical fitness facility	103755
service or recreation and sports club service, the price of which	103756
consists in whole or in part of a membership for the receipt of	103757
the benefit of the service, the tax applicable to the sale shall	103758
be measured by the installments thereof.	103759

(B) The tax does not apply to the following:

103760

(1) Sales to the state or any of its political subdivisions,	103761
or to any other state or its political subdivisions if the laws of	103762
that state exempt from taxation sales made to this state and its	103763
political subdivisions;	103764

(2) Sales of food for human consumption off the premises	103765
where sold;	103766

(3) Sales of food sold to students only in a cafeteria,	103767
dormitory, fraternity, or sorority maintained in a private,	103768
public, or parochial school, college, or university;	103769

(4) Sales of newspapers and of magazine subscriptions and	103770
sales or transfers of magazines distributed as controlled	103771
circulation publications;	103772

(5) The furnishing, preparing, or serving of meals without	103773
charge by an employer to an employee provided the employer records	103774
the meals as part compensation for services performed or work	103775
done;	103776

(6) Sales of motor fuel upon receipt, use, distribution, or	103777
sale of which in this state a tax is imposed by the law of this	103778
state, but this exemption shall not apply to the sale of motor	103779
fuel on which a refund of the tax is allowable under division (A)	103780
of section 5735.14 of the Revised Code; and the tax commissioner	103781
may deduct the amount of tax levied by this section applicable to	103782
the price of motor fuel when granting a refund of motor fuel tax	103783
pursuant to division (A) of section 5735.14 of the Revised Code	103784
and shall cause the amount deducted to be paid into the general	103785
revenue fund of this state;	103786

(7) Sales of natural gas by a natural gas company, of water	103787
by a water-works company, or of steam by a heating company, if in	103788
each case the thing sold is delivered to consumers through pipes	103789
or conduits, and all sales of communications services by a	103790
telegraph company, all terms as defined in section 5727.01 of the	103791
Revised Code, and sales of electricity delivered through wires;	103792

(8) Casual sales by a person, or auctioneer employed directly	103793
by the person to conduct such sales, except as to such sales of	103794
motor vehicles, watercraft or outboard motors required to be	103795
titled under section 1548.06 of the Revised Code, watercraft	103796
documented with the United States coast guard, snowmobiles, and	103797
all-purpose vehicles as defined in section 4519.01 of the Revised	103798
Code;	103799

(9)(a) Sales of services or tangible personal property, other	103800
than motor vehicles, mobile homes, and manufactured homes, by	103801
churches, organizations exempt from taxation under section	103802
501(c)(3) of the Internal Revenue Code of 1986, or nonprofit	103803
organizations operated exclusively for charitable purposes as	103804
defined in division (B)(12) of this section, provided that the	103805
number of days on which such tangible personal property or	103806
services, other than items never subject to the tax, are sold does	103807
not exceed six in any calendar year, except as otherwise provided	103808
in division (B)(9)(b) of this section. If the number of days on	103809
which such sales are made exceeds six in any calendar year, the	103810
church or organization shall be considered to be engaged in	103811
business and all subsequent sales by it shall be subject to the	103812
tax. In counting the number of days, all sales by groups within a	103813
church or within an organization shall be considered to be sales	103814
of that church or organization.	103815

(b) The limitation on the number of days on which tax-exempt	103816
sales may be made by a church or organization under division	103817
(B)(9)(a) of this section does not apply to sales made by student	103818
clubs and other groups of students of a primary or secondary	103819
school, or a parent-teacher association, booster group, or similar	103820
organization that raises money to support or fund curricular or	103821
extracurricular activities of a primary or secondary school.	103822

(c) Divisions (B)(9)(a) and (b) of this section do not apply	103823
to sales by a noncommercial educational radio or television	103824
broadcasting station.	103825

(10) Sales not within the taxing power of this state under	103826
the Constitution of the United States;	103827

(11) Except for transactions that are sales under division	103828
(B)(3)(r) of section 5739.01 of the Revised Code, the	103829
transportation of persons or property, unless the transportation	103830
is by a private investigation and security service;	103831

(12) Sales of tangible personal property or services to	103832
churches, to organizations exempt from taxation under section	103833
501(c)(3) of the Internal Revenue Code of 1986, and to any other	103834
nonprofit organizations operated exclusively for charitable	103835
purposes in this state, no part of the net income of which inures	103836
to the benefit of any private shareholder or individual, and no	103837
substantial part of the activities of which consists of carrying	103838
on propaganda or otherwise attempting to influence legislation;	103839
sales to offices administering one or more homes for the aged or	103840
one or more hospital facilities exempt under section 140.08 of the	103841
Revised Code; and sales to organizations described in division (D)	103842
of section 5709.12 of the Revised Code.	103843

"Charitable purposes" means the relief of poverty; the	103844
improvement of health through the alleviation of illness, disease,	103845
or injury; the operation of an organization exclusively for the	103846
provision of professional, laundry, printing, and purchasing	103847
services to hospitals or charitable institutions; the operation of	103848
a home for the aged, as defined in section 5701.13 of the Revised	103849
Code; the operation of a radio or television broadcasting station	103850
that is licensed by the federal communications commission as a	103851
noncommercial educational radio or television station; the	103852
operation of a nonprofit animal adoption service or a county	103853
humane society; the promotion of education by an institution of	103854
learning that maintains a faculty of qualified instructors,	103855
teaches regular continuous courses of study, and confers a	103856
recognized diploma upon completion of a specific curriculum; the	103857
operation of a parent-teacher association, booster group, or	103858
similar organization primarily engaged in the promotion and	103859
support of the curricular or extracurricular activities of a	103860
primary or secondary school; the operation of a community or area	103861
center in which presentations in music, dramatics, the arts, and	103862
related fields are made in order to foster public interest and	103863
education therein; the production of performances in music,	103864
dramatics, and the arts; or the promotion of education by an	103865
organization engaged in carrying on research in, or the	103866
dissemination of, scientific and technological knowledge and	103867
information primarily for the public.	103868

Nothing in this division shall be deemed to exempt sales to	103869
any organization for use in the operation or carrying on of a	103870
trade or business, or sales to a home for the aged for use in the	103871
operation of independent living facilities as defined in division	103872
(A) of section 5709.12 of the Revised Code.	103873

(13) Building and construction materials and services sold to	103874
construction contractors for incorporation into a structure or	103875
improvement to real property under a construction contract with	103876
this state or a political subdivision of this state, or with the	103877
United States government or any of its agencies; building and	103878
construction materials and services sold to construction	103879
contractors for incorporation into a structure or improvement to	103880
real property that are accepted for ownership by this state or any	103881
of its political subdivisions, or by the United States government	103882
or any of its agencies at the time of completion of the structures	103883
or improvements; building and construction materials sold to	103884
construction contractors for incorporation into a horticulture	103885
structure or livestock structure for a person engaged in the	103886
business of horticulture or producing livestock; building	103887
materials and services sold to a construction contractor for	103888
incorporation into a house of public worship or religious	103889
education, or a building used exclusively for charitable purposes	103890
under a construction contract with an organization whose purpose	103891
is as described in division (B)(12) of this section; building	103892
materials and services sold to a construction contractor for	103893
incorporation into a building under a construction contract with	103894
an organization exempt from taxation under section 501(c)(3) of	103895
the Internal Revenue Code of 1986 when the building is to be used	103896
exclusively for the organization's exempt purposes; building and	103897
construction materials sold for incorporation into the original	103898
construction of a sports facility under section 307.696 of the	103899
Revised Code; building and construction materials and services	103900
sold to a construction contractor for incorporation into real	103901
property outside this state if such materials and services, when	103902
sold to a construction contractor in the state in which the real	103903
property is located for incorporation into real property in that	103904
state, would be exempt from a tax on sales levied by that state;	103905
and, until one calendar year after the construction of a	103906
convention center that qualifies for property tax exemption under	103907
section 5709.084 of the Revised Code is completed, building and	103908
construction materials and services sold to a construction	103909
contractor for incorporation into the real property comprising	103910
that convention center;	103911

(14) Sales of ships or vessels or rail rolling stock used or	103912
to be used principally in interstate or foreign commerce, and	103913
repairs, alterations, fuel, and lubricants for such ships or	103914
vessels or rail rolling stock;	103915

(15) Sales to persons primarily engaged in any of the	103916
activities mentioned in division (B)(42)(a) or (g) of this	103917
section, to persons engaged in making retail sales, or to persons	103918
who purchase for sale from a manufacturer tangible personal	103919
property that was produced by the manufacturer in accordance with	103920
specific designs provided by the purchaser, of packages, including	103921
material, labels, and parts for packages, and of machinery,	103922
equipment, and material for use primarily in packaging tangible	103923
personal property produced for sale, including any machinery,	103924
equipment, and supplies used to make labels or packages, to	103925
prepare packages or products for labeling, or to label packages or	103926
products, by or on the order of the person doing the packaging, or	103927
sold at retail. "Packages" includes bags, baskets, cartons,	103928
crates, boxes, cans, bottles, bindings, wrappings, and other	103929
similar devices and containers, but does not include motor	103930
vehicles or bulk tanks, trailers, or similar devices attached to	103931
motor vehicles. "Packaging" means placing in a package. Division	103932
(B)(15) of this section does not apply to persons engaged in	103933
highway transportation for hire.	103934

(16) Sales of food to persons using supplemental nutrition	103935
assistance program benefits to purchase the food. As used in this	103936
division, "food" has the same meaning as in 7 U.S.C. 2012 and	103937
federal regulations adopted pursuant to the Food and Nutrition Act	103938
of 2008.	103939

(17) Sales to persons engaged in farming, agriculture,	103940
horticulture, or floriculture, of tangible personal property for	103941
use or consumption directly in the production by farming,	103942
agriculture, horticulture, or floriculture of other tangible	103943
personal property for use or consumption directly in the	103944
production of tangible personal property for sale by farming,	103945
agriculture, horticulture, or floriculture; or material and parts	103946
for incorporation into any such tangible personal property for use	103947
or consumption in production; and of tangible personal property	103948
for such use or consumption in the conditioning or holding of	103949
products produced by and for such use, consumption, or sale by	103950
persons engaged in farming, agriculture, horticulture, or	103951
floriculture, except where such property is incorporated into real	103952
property;	103953

(18) Sales of drugs for a human being that may be dispensed	103954
only pursuant to a prescription; insulin as recognized in the	103955
official United States pharmacopoeia; urine and blood testing	103956
materials when used by diabetics or persons with hypoglycemia to	103957
test for glucose or acetone; hypodermic syringes and needles when	103958
used by diabetics for insulin injections; epoetin alfa when	103959
purchased for use in the treatment of persons with medical	103960
disease; hospital beds when purchased by hospitals, nursing homes,	103961
or other medical facilities; and medical oxygen and medical	103962
oxygen-dispensing equipment when purchased by hospitals, nursing	103963
homes, or other medical facilities;	103964

(19) Sales of prosthetic devices, durable medical equipment	103965
for home use, or mobility enhancing equipment, when made pursuant	103966
to a prescription and when such devices or equipment are for use	103967
by a human being.	103968

(20) Sales of emergency and fire protection vehicles and	103969
equipment to nonprofit organizations for use solely in providing	103970
fire protection and emergency services, including trauma care and	103971
emergency medical services, for political subdivisions of the	103972
state;	103973

(21) Sales of tangible personal property manufactured in this	103974
state, if sold by the manufacturer in this state to a retailer for	103975
use in the retail business of the retailer outside of this state	103976
and if possession is taken from the manufacturer by the purchaser	103977
within this state for the sole purpose of immediately removing the	103978
same from this state in a vehicle owned by the purchaser;	103979

(22) Sales of services provided by the state or any of its	103980
political subdivisions, agencies, instrumentalities, institutions,	103981
or authorities, or by governmental entities of the state or any of	103982
its political subdivisions, agencies, instrumentalities,	103983
institutions, or authorities;	103984

(23) Sales of motor vehicles to nonresidents of this state	103985
under the circumstances described in division (B) of section	103986
5739.029 of the Revised Code;	103987

(24) Sales to persons engaged in the preparation of eggs for	103988
sale of tangible personal property used or consumed directly in	103989
such preparation, including such tangible personal property used	103990
for cleaning, sanitizing, preserving, grading, sorting, and	103991
classifying by size; packages, including material and parts for	103992
packages, and machinery, equipment, and material for use in	103993
packaging eggs for sale; and handling and transportation equipment	103994
and parts therefor, except motor vehicles licensed to operate on	103995
public highways, used in intraplant or interplant transfers or	103996
shipment of eggs in the process of preparation for sale, when the	103997
plant or plants within or between which such transfers or	103998
shipments occur are operated by the same person. "Packages"	103999
includes containers, cases, baskets, flats, fillers, filler flats,	104000
cartons, closure materials, labels, and labeling materials, and	104001
"packaging" means placing therein.	104002

(25)(a) Sales of water to a consumer for residential use,	104003
except the sale of bottled water, distilled water, mineral water,	104004
carbonated water, or ice;	104005

(b) Sales of water by a nonprofit corporation engaged	104006
exclusively in the treatment, distribution, and sale of water to	104007
consumers, if such water is delivered to consumers through pipes	104008
or tubing.	104009

(26) Fees charged for inspection or reinspection of motor	104010
vehicles under section 3704.14 of the Revised Code;	104011

(27) Sales to persons licensed to conduct a food service	104012
operation pursuant to section 3717.43 of the Revised Code, of	104013
tangible personal property primarily used directly for the	104014
following:	104015

(a) To prepare food for human consumption for sale;

104016

(b) To preserve food that has been or will be prepared for	104017
human consumption for sale by the food service operator, not	104018
including tangible personal property used to display food for	104019
selection by the consumer;	104020

(c) To clean tangible personal property used to prepare or	104021
serve food for human consumption for sale.	104022

(28) Sales of animals by nonprofit animal adoption services	104023
or county humane societies;	104024

(29) Sales of services to a corporation described in division	104025
(A) of section 5709.72 of the Revised Code, and sales of tangible	104026
personal property that qualifies for exemption from taxation under	104027
section 5709.72 of the Revised Code;	104028

(30) Sales and installation of agricultural land tile, as	104029
defined in division (B)(5)(a) of section 5739.01 of the Revised	104030
Code;	104031

(31) Sales and erection or installation of portable grain	104032
bins, as defined in division (B)(5)(b) of section 5739.01 of the	104033
Revised Code;	104034

(32) The sale, lease, repair, and maintenance of, parts for,	104035
or items attached to or incorporated in, motor vehicles that are	104036
primarily used for transporting tangible personal property	104037
belonging to others by a person engaged in highway transportation	104038
for hire, except for packages and packaging used for the	104039
transportation of tangible personal property;	104040

(33) Sales to the state headquarters of any veterans'	104041
organization in this state that is either incorporated and issued	104042
a charter by the congress of the United States or is recognized by	104043
the United States veterans administration, for use by the	104044
headquarters;	104045

(34) Sales to a telecommunications service vendor, mobile	104046
telecommunications service vendor, or satellite broadcasting	104047
service vendor of tangible personal property and services used	104048
directly and primarily in transmitting, receiving, switching, or	104049
recording any interactive, one- or two-way electromagnetic	104050
communications, including voice, image, data, and information,	104051
through the use of any medium, including, but not limited to,	104052
poles, wires, cables, switching equipment, computers, and record	104053
storage devices and media, and component parts for the tangible	104054
personal property. The exemption provided in this division shall	104055
be in lieu of all other exemptions under division (B)(42)(a) of	104056
this section to which the vendor may otherwise be entitled, based	104057
upon the use of the thing purchased in providing the	104058
telecommunications, mobile telecommunications, or satellite	104059
broadcasting service.	104060

(35)(a) Sales where the purpose of the consumer is to use or	104061
consume the things transferred in making retail sales and	104062
consisting of newspaper inserts, catalogues, coupons, flyers, gift	104063
certificates, or other advertising material that prices and	104064
describes tangible personal property offered for retail sale.	104065

(b) Sales to direct marketing vendors of preliminary	104066
materials such as photographs, artwork, and typesetting that will	104067
be used in printing advertising material; of printed matter that	104068
offers free merchandise or chances to win sweepstake prizes and	104069
that is mailed to potential customers with advertising material	104070
described in division (B)(35)(a) of this section; and of equipment	104071
such as telephones, computers, facsimile machines, and similar	104072
tangible personal property primarily used to accept orders for	104073
direct marketing retail sales.	104074

(c) Sales of automatic food vending machines that preserve	104075
food with a shelf life of forty-five days or less by refrigeration	104076
and dispense it to the consumer.	104077

For purposes of division (B)(35) of this section, "direct	104078
marketing" means the method of selling where consumers order	104079
tangible personal property by United States mail, delivery	104080
service, or telecommunication and the vendor delivers or ships the	104081
tangible personal property sold to the consumer from a warehouse,	104082
catalogue distribution center, or similar fulfillment facility by	104083
means of the United States mail, delivery service, or common	104084
carrier.	104085

(36) Sales to a person engaged in the business of	104086
horticulture or producing livestock of materials to be	104087
incorporated into a horticulture structure or livestock structure;	104088

(37) Sales of personal computers, computer monitors, computer	104089
keyboards, modems, and other peripheral computer equipment to an	104090
individual who is licensed or certified to teach in an elementary	104091
or a secondary school in this state for use by that individual in	104092
preparation for teaching elementary or secondary school students;	104093

(38) Sales to a professional racing team of any of the	104094
following:	104095

(a) Motor racing vehicles;

104096

(b) Repair services for motor racing vehicles;

104097

(c) Items of property that are attached to or incorporated in	104098
motor racing vehicles, including engines, chassis, and all other	104099
components of the vehicles, and all spare, replacement, and	104100
rebuilt parts or components of the vehicles; except not including	104101
tires, consumable fluids, paint, and accessories consisting of	104102
instrumentation sensors and related items added to the vehicle to	104103
collect and transmit data by means of telemetry and other forms of	104104
communication.	104105

(39) Sales of used manufactured homes and used mobile homes,	104106
as defined in section 5739.0210 of the Revised Code, made on or	104107
after January 1, 2000;	104108

(40) Sales of tangible personal property and services to a	104109
provider of electricity used or consumed directly and primarily in	104110
generating, transmitting, or distributing electricity for use by	104111
others, including property that is or is to be incorporated into	104112
and will become a part of the consumer's production, transmission,	104113
or distribution system and that retains its classification as	104114
tangible personal property after incorporation; fuel or power used	104115
in the production, transmission, or distribution of electricity;	104116
energy conversion equipment as defined in section 5727.01 of the	104117
Revised Code; and tangible personal property and services used in	104118
the repair and maintenance of the production, transmission, or	104119
distribution system, including only those motor vehicles as are	104120
specially designed and equipped for such use. The exemption	104121
provided in this division shall be in lieu of all other exemptions	104122
in division (B)(42)(a) of this section to which a provider of	104123
electricity may otherwise be entitled based on the use of the	104124
tangible personal property or service purchased in generating,	104125
transmitting, or distributing electricity.	104126

(41) Sales to a person providing services under division	104127
(B)(3)(r) of section 5739.01 of the Revised Code of tangible	104128
personal property and services used directly and primarily in	104129
providing taxable services under that section.	104130

(42) Sales where the purpose of the purchaser is to do any of	104131
the following:	104132

(a) To incorporate the thing transferred as a material or a	104133
part into tangible personal property to be produced for sale by	104134
manufacturing, assembling, processing, or refining; or to use or	104135
consume the thing transferred directly in producing tangible	104136
personal property for sale by mining, including, without	104137
limitation, the extraction from the earth of all substances that	104138
are classed geologically as minerals, production of crude oil and	104139
natural gas, farming, agriculture, horticulture, or floriculture,	104140
or directly in the rendition of a public utility service, except	104141
that the sales tax levied by this section shall be collected upon	104142
all meals, drinks, and food for human consumption sold when	104143
transporting persons. Persons engaged in rendering farming,	104144
agricultural, horticultural, or floricultural services, and	104145
services in the exploration for, and production of, crude oil and	104146
natural gas, for others are deemed engaged directly in farming,	104147
agriculture, horticulture, and floriculture, or exploration for,	104148
and production of, crude oil and natural gas. This paragraph does	104149
not exempt from "retail sale" or "sales at retail" the sale of	104150
tangible personal property that is to be incorporated into a	104151
structure or improvement to real property.	104152

(b) To hold the thing transferred as security for the	104153
performance of an obligation of the vendor;	104154

(c) To resell, hold, use, or consume the thing transferred as	104155
evidence of a contract of insurance;	104156

(d) To use or consume the thing directly in commercial	104157
fishing;	104158

(e) To incorporate the thing transferred as a material or a	104159
part into, or to use or consume the thing transferred directly in	104160
the production of, magazines distributed as controlled circulation	104161
publications;	104162

(f) To use or consume the thing transferred in the production	104163
and preparation in suitable condition for market and sale of	104164
printed, imprinted, overprinted, lithographic, multilithic,	104165
blueprinted, photostatic, or other productions or reproductions of	104166
written or graphic matter;	104167

(g) To use the thing transferred, as described in section	104168
5739.011 of the Revised Code, primarily in a manufacturing	104169
operation to produce tangible personal property for sale;	104170

(h) To use the benefit of a warranty, maintenance or service	104171
contract, or similar agreement, as described in division (B)(7) of	104172
section 5739.01 of the Revised Code, to repair or maintain	104173
tangible personal property, if all of the property that is the	104174
subject of the warranty, contract, or agreement would not be	104175
subject to the tax imposed by this section;	104176

(i) To use the thing transferred as qualified research and	104177
development equipment;	104178

(j) To use or consume the thing transferred primarily in	104179
storing, transporting, mailing, or otherwise handling purchased	104180
sales inventory in a warehouse, distribution center, or similar	104181
facility when the inventory is primarily distributed outside this	104182
state to retail stores of the person who owns or controls the	104183
warehouse, distribution center, or similar facility, to retail	104184
stores of an affiliated group of which that person is a member, or	104185
by means of direct marketing. This division does not apply to	104186
motor vehicles registered for operation on the public highways. As	104187
used in this division, "affiliated group" has the same meaning as	104188
in division (B)(3)(e) of section 5739.01 of the Revised Code and	104189
"direct marketing" has the same meaning as in division (B)(35) of	104190
this section.	104191

(k) To use or consume the thing transferred to fulfill a	104192
contractual obligation incurred by a warrantor pursuant to a	104193
warranty provided as a part of the price of the tangible personal	104194
property sold or by a vendor of a warranty, maintenance or service	104195
contract, or similar agreement the provision of which is defined	104196
as a sale under division (B)(7) of section 5739.01 of the Revised	104197
Code;	104198

(l) To use or consume the thing transferred in the production	104199
of a newspaper for distribution to the public;	104200

(m) To use tangible personal property to perform a service	104201
listed in division (B)(3) of section 5739.01 of the Revised Code,	104202
if the property is or is to be permanently transferred to the	104203
consumer of the service as an integral part of the performance of	104204
the service;	104205

(n) To use or consume the thing transferred in acquiring,	104206
formatting, editing, storing, and disseminating data or	104207
information by electronic publishing.	104208

As used in division (B)(42) of this section, "thing" includes	104209
all transactions included in divisions (B)(3)(a), (b), and (e) of	104210
section 5739.01 of the Revised Code.	104211

(43) Sales conducted through a coin operated device that	104212
activates vacuum equipment or equipment that dispenses water,	104213
whether or not in combination with soap or other cleaning agents	104214
or wax, to the consumer for the consumer's use on the premises in	104215
washing, cleaning, or waxing a motor vehicle, provided no other	104216
personal property or personal service is provided as part of the	104217
transaction.	104218

(44) Sales of replacement and modification parts for engines,	104219
airframes, instruments, and interiors in, and paint for, aircraft	104220
used primarily in a fractional aircraft ownership program, and	104221
sales of services for the repair, modification, and maintenance of	104222
such aircraft, and machinery, equipment, and supplies primarily	104223
used to provide those services.	104224

(45) Sales of telecommunications service that is used	104225
directly and primarily to perform the functions of a call center.	104226
As used in this division, "call center" means any physical	104227
location where telephone calls are placed or received in high	104228
volume for the purpose of making sales, marketing, customer	104229
service, technical support, or other specialized business	104230
activity, and that employs at least fifty individuals that engage	104231
in call center activities on a full-time basis, or sufficient	104232
individuals to fill fifty full-time equivalent positions.	104233

(46) Sales by a telecommunications service vendor of 900	104234
service to a subscriber. This division does not apply to	104235
information services, as defined in division (FF) of section	104236
5739.01 of the Revised Code.	104237

(47) Sales of value-added non-voice data service. This	104238
division does not apply to any similar service that is not	104239
otherwise a telecommunications service.	104240

(48)(a) Sales of machinery, equipment, and software to a	104241
qualified direct selling entity for use in a warehouse or	104242
distribution center primarily for storing, transporting, or	104243
otherwise handling inventory that is held for sale to independent	104244
salespersons who operate as direct sellers and that is held	104245
primarily for distribution outside this state;	104246

(b) As used in division (B)(48)(a) of this section:

104247

(i) "Direct seller" means a person selling consumer products	104248
to individuals for personal or household use and not from a fixed	104249
retail location, including selling such product at in-home product	104250
demonstrations, parties, and other one-on-one selling.	104251

(ii) "Qualified direct selling entity" means an entity	104252
selling to direct sellers at the time the entity enters into a tax	104253
credit agreement with the tax credit authority pursuant to section	104254
122.17 of the Revised Code, provided that the agreement was	104255
entered into on or after January 1, 2007. Neither contingencies	104256
relevant to the granting of, nor later developments with respect	104257
to, the tax credit shall impair the status of the qualified direct	104258
selling entity under division (B)(48) of this section after	104259
execution of the tax credit agreement by the tax credit authority.	104260

(c) Division (B)(48) of this section is limited to machinery,	104261
equipment, and software first stored, used, or consumed in this	104262
state within the period commencing June 24, 2008, and ending on	104263
the date that is five years after that date.	104264

(49) Sales of materials, parts, equipment, or engines used in	104265
the repair or maintenance of aircraft or avionics systems of such	104266
aircraft, and sales of repair, remodeling, replacement, or	104267
maintenance services in this state performed on aircraft or on an	104268
aircraft's avionics, engine, or component materials or parts. As	104269
used in division (B)(49) of this section, "aircraft" means	104270
aircraft of more than six thousand pounds maximum certified	104271
takeoff weight or used exclusively in general aviation.	104272

(50) Sales of full flight simulators that are used for pilot	104273
or flight-crew training, sales of repair or replacement parts or	104274
components, and sales of repair or maintenance services for such	104275
full flight simulators. "Full flight simulator" means a replica of	104276
a specific type, or make, model, and series of aircraft cockpit.	104277
It includes the assemblage of equipment and computer programs	104278
necessary to represent aircraft operations in ground and flight	104279
conditions, a visual system providing an out-of-the-cockpit view,	104280
and a system that provides cues at least equivalent to those of a	104281
three-degree-of-freedom motion system, and has the full range of	104282
capabilities of the systems installed in the device as described	104283
in appendices A and B of part 60 of chapter 1 of title 14 of the	104284
Code of Federal Regulations.	104285

(51) Any transfer or lease of tangible personal property	104286
between the state and a successful proposer in accordance with	104287
sections 126.60 to 126.605 of the Revised Code, provided the	104288
property is part of a project as defined in section 126.60 of the	104289
Revised Code and the state retains ownership of the project or	104290
part thereof that is being transferred or leased, between the	104291
state and JobsOhio in accordance with section 4313.02 of the	104292
Revised Code, or between the department of rehabilitation and	104293
correction and a contractor in accordance with division (J) of	104294
section 9.06 of the Revised Code.	104295

(C) For the purpose of the proper administration of this	104296
chapter, and to prevent the evasion of the tax, it is presumed	104297
that all sales made in this state are subject to the tax until the	104298
contrary is established.	104299

(D) The levy of this tax on retail sales of recreation and	104300
sports club service shall not prevent a municipal corporation from	104301
levying any tax on recreation and sports club dues or on any	104302
income generated by recreation and sports club dues.	104303

(E) The tax collected by the vendor from the consumer under	104304
this chapter is not part of the price, but is a tax collection for	104305
the benefit of the state, and of counties levying an additional	104306
sales tax pursuant to section 5739.021 or 5739.026 of the Revised	104307
Code and of transit authorities levying an additional sales tax	104308
pursuant to section 5739.023 of the Revised Code. Except for the	104309
discount authorized under section 5739.12 of the Revised Code and	104310
the effects of any rounding pursuant to section 5703.055 of the	104311
Revised Code, no person other than the state or such a county or	104312
transit authority shall derive any benefit from the collection or	104313
payment of the tax levied by this section or section 5739.021,	104314
5739.023, or 5739.026 of the Revised Code.	104315

Sec. 5739.021. (A) For the purpose of providing additional	104316
general revenues for the county or supporting criminal and	104317
administrative justice services in the county, or both, and to pay	104318
the expenses of administering such levy, any county may levy a tax	104319
at the rate of not more than one per cent at any multiple of	104320
one-fourth of one per cent upon every retail sale made in the	104321
county, except sales of watercraft and outboard motors required to	104322
be titled pursuant to Chapter 1548. of the Revised Code and sales	104323
of motor vehicles, and may increase the rate of an existing tax to	104324
not more than one per cent at any multiple of one-fourth of one	104325
per cent.	104326

The tax shall be levied and the rate increased pursuant to a	104327
resolution of the board of county commissioners. The resolution	104328
shall state the purpose for which the tax is to be levied and the	104329
number of years for which the tax is to be levied, or that it is	104330
for a continuing period of time. If the tax is to be levied for	104331
the purpose of providing additional general revenues and for the	104332
purpose of supporting criminal and administrative justice	104333
services, the resolution shall state the rate or amount of the tax	104334
to be apportioned to each such purpose. The rate or amount may be	104335
different for each year the tax is to be levied, but the rates or	104336
amounts actually apportioned each year shall not be different from	104337
that stated in the resolution for that year. If the resolution is	104338
adopted as an emergency measure necessary for the immediate	104339
preservation of the public peace, health, or safety, it must	104340
receive an affirmative vote of all of the members of the board of	104341
county commissioners and shall state the reasons for such	104342
necessity. The board shall deliver a certified copy of the	104343
resolution to the tax commissioner, not later than the sixty-fifth	104344
day prior to the date on which the tax is to become effective,	104345
which shall be the first day of the calendar quarter.	104346

Prior to the adoption of any resolution under this section,	104347
the board of county commissioners shall conduct two public	104348
hearings on the resolution, the second hearing to be not less than	104349
three nor more than ten days after the first. Notice of the date,	104350
time, and place of the hearings shall be given by publication in a	104351
newspaper of general circulation in the county, or as provided in	104352
section 7.16 of the Revised Code, once a week on the same day of	104353
the week for two consecutive weeks, the second publication being	104354
not less than ten nor more than thirty days prior to the first	104355
hearing.	104356

Except as provided in division (B)(3) of this section, the	104357
resolution shall be subject to a referendum as provided in	104358
sections 305.31 to 305.41 of the Revised Code.	104359

If a petition for a referendum is filed, the county auditor	104360
with whom the petition was filed shall, within five days, notify	104361
the board of county commissioners and the tax commissioner of the	104362
filing of the petition by certified mail. If the board of	104363
elections with which the petition was filed declares the petition	104364
invalid, the board of elections, within five days, shall notify	104365
the board of county commissioners and the tax commissioner of that	104366
declaration by certified mail. If the petition is declared to be	104367
invalid, the effective date of the tax or increased rate of tax	104368
levied by this section shall be the first day of a calendar	104369
quarter following the expiration of sixty-five days from the date	104370
the commissioner receives notice from the board of elections that	104371
the petition is invalid.	104372

(B)(1) A resolution that is not adopted as an emergency	104373
measure may direct the board of elections to submit the question	104374
of levying the tax or increasing the rate of tax to the electors	104375
of the county at a special election held on the date specified by	104376
the board of county commissioners in the resolution, provided that	104377
the election occurs not less than ninety days after a certified	104378
copy of such resolution is transmitted to the board of elections	104379
and the election is not held in February or August of any year.	104380
Upon transmission of the resolution to the board of elections, the	104381
board of county commissioners shall notify the tax commissioner in	104382
writing of the levy question to be submitted to the electors. No	104383
resolution adopted under this division shall go into effect unless	104384
approved by a majority of those voting upon it, and, except as	104385
provided in division (B)(3) of this section, shall become	104386
effective on the first day of a calendar quarter following the	104387
expiration of sixty-five days from the date the tax commissioner	104388
receives notice from the board of elections of the affirmative	104389
vote.	104390

(2) A resolution that is adopted as an emergency measure	104391
shall go into effect as provided in division (A) of this section,	104392
but may direct the board of elections to submit the question of	104393
repealing the tax or increase in the rate of the tax to the	104394
electors of the county at the next general election in the county	104395
occurring not less than ninety days after a certified copy of the	104396
resolution is transmitted to the board of elections. Upon	104397
transmission of the resolution to the board of elections, the	104398
board of county commissioners shall notify the tax commissioner in	104399
writing of the levy question to be submitted to the electors. The	104400
ballot question shall be the same as that prescribed in section	104401
5739.022 of the Revised Code. The board of elections shall notify	104402
the board of county commissioners and the tax commissioner of the	104403
result of the election immediately after the result has been	104404
declared. If a majority of the qualified electors voting on the	104405
question of repealing the tax or increase in the rate of the tax	104406
vote for repeal of the tax or repeal of the increase, the board of	104407
county commissioners, on the first day of a calendar quarter	104408
following the expiration of sixty-five days after the date the	104409
board and tax commissioner receive notice of the result of the	104410
election, shall, in the case of a repeal of the tax, cease to levy	104411
the tax, or, in the case of a repeal of an increase in the rate of	104412
the tax, cease to levy the increased rate and levy the tax at the	104413
rate at which it was imposed immediately prior to the increase in	104414
rate.	104415

(3) If a vendor that is registered with the central	104416
electronic registration system provided for in section 5740.05 of	104417
the Revised Code makes a sale in this state by printed catalog and	104418
the consumer computed the tax on the sale based on local rates	104419
published in the catalog, any tax levied or repealed or rate	104420
changed under this section shall not apply to such a sale until	104421
the first day of a calendar quarter following the expiration of	104422
one hundred twenty days from the date of notice by the tax	104423
commissioner pursuant to division (H) of this section.	104424

(C) If a resolution is rejected at a referendum or if a	104425
resolution adopted after January 1, 1982, as an emergency measure	104426
is repealed by the electors pursuant to division (B)(2) of this	104427
section or section 5739.022 of the Revised Code, then for one year	104428
after the date of the election at which the resolution was	104429
rejected or repealed the board of county commissioners may not	104430
adopt any resolution authorized by this section as an emergency	104431
measure.	104432

(D) The board of county commissioners, at any time while a	104433
tax levied under this section is in effect, may by resolution	104434
reduce the rate at which the tax is levied to a lower rate	104435
authorized by this section. Any reduction in the rate at which the	104436
tax is levied shall be made effective on the first day of a	104437
calendar quarter next following the sixty-fifth day after a	104438
certified copy of the resolution is delivered to the tax	104439
commissioner.	104440

(E) The tax on every retail sale subject to a tax levied	104441
pursuant to this section shall be in addition to the tax levied by	104442
section 5739.02 of the Revised Code and any tax levied pursuant to	104443
section 5739.023 or 5739.026 of the Revised Code.	104444

A county that levies a tax pursuant to this section shall	104445
levy a tax at the same rate pursuant to section 5741.021 of the	104446
Revised Code.	104447

The additional tax levied by the county shall be collected	104448
pursuant to section 5739.025 of the Revised Code. If the	104449
additional tax or some portion thereof is levied for the purpose	104450
of criminal and administrative justice services, the revenue from	104451
the tax, or the amount or rate apportioned to that purpose, shall	104452
be credited to a special fund created in the county treasury for	104453
receipt of that revenue.	104454

Any tax levied pursuant to this section is subject to the	104455
exemptions provided in section 5739.02 of the Revised Code and in	104456
addition shall not be applicable to sales not within the taxing	104457
power of a county under the Constitution of the United States or	104458
the Ohio Constitution.	104459

(F) For purposes of this section, a copy of a resolution is	104460
"certified" when it contains a written statement attesting that	104461
the copy is a true and exact reproduction of the original	104462
resolution.	104463

(G) If a board of commissioners intends to adopt a resolution	104464
to levy a tax in whole or in part for the purpose of criminal and	104465
administrative justice services, the board shall prepare and make	104466
available at the first public hearing at which the resolution is	104467
considered a statement containing the following information:	104468

(1) For each of the two preceding fiscal years, the amount of	104469
expenditures made by the county from the county general fund for	104470
the purpose of criminal and administrative justice services;	104471

(2) For the fiscal year in which the resolution is adopted,	104472
the board's estimate of the amount of expenditures to be made by	104473
the county from the county general fund for the purpose of	104474
criminal and administrative justice services;	104475

(3) For each of the two fiscal years after the fiscal year in	104476
which the resolution is adopted, the board's preliminary plan for	104477
expenditures to be made from the county general fund for the	104478
purpose of criminal and administrative justice services, both	104479
under the assumption that the tax will be imposed for that purpose	104480
and under the assumption that the tax would not be imposed for	104481
that purpose, and for expenditures to be made from the special	104482
fund created under division (E) of this section under the	104483
assumption that the tax will be imposed for that purpose.	104484

The board shall prepare the statement and the preliminary	104485
plan using the best information available to the board at the time	104486
the statement is prepared. Neither the statement nor the	104487
preliminary plan shall be used as a basis to challenge the	104488
validity of the tax in any court of competent jurisdiction, nor	104489
shall the statement or preliminary plan limit the authority of the	104490
board to appropriate, pursuant to section 5705.38 of the Revised	104491
Code, an amount different from that specified in the preliminary	104492
plan.	104493

(H) Upon receipt from a board of county commissioners of a	104494
certified copy of a resolution required by division (A) or (D) of	104495
this section, or from the board of elections of a notice of the	104496
results of an election required by division (A) or (B)(1) or (2)	104497
of this section, the tax commissioner shall provide notice of a	104498
tax rate change in a manner that is reasonably accessible to all	104499
affected vendors. The commissioner shall provide this notice at	104500
least sixty days prior to the effective date of the rate change.	104501
The commissioner, by rule, may establish the method by which	104502
notice will be provided.	104503

(I) As used in this section, "criminal and administrative	104504
justice services" means the exercise by the county sheriff of all	104505
powers and duties vested in that office by law; the exercise by	104506
the county prosecuting attorney of all powers and duties vested in	104507
that office by law; the exercise by any court in the county of all	104508
powers and duties vested in that court; the exercise by the clerk	104509
of the court of common pleas, any clerk of a municipal court	104510
having jurisdiction throughout the county, or the clerk of any	104511
county court of all powers and duties vested in the clerk by law	104512
except, in the case of the clerk of the court of common pleas, the	104513
titling of motor vehicles or watercraft pursuant to Chapter 1548.	104514
or 4505. of the Revised Code; the exercise by the county coroner	104515
of all powers and duties vested in that office by law; making	104516
payments to any other public agency or a private, nonprofit	104517
agency, the purposes of which in the county include the diversion,	104518
adjudication, detention, or rehabilitation of criminals or	104519
juvenile offenders; the operation and maintenance of any detention	104520
facility, as defined in section 2921.01 of the Revised Code; and	104521
the construction, acquisition, equipping, or repair of such a	104522
detention facility, including the payment of any debt charges	104523
incurred in the issuance of securities pursuant to Chapter 133. of	104524
the Revised Code for the purpose of constructing, acquiring,	104525
equipping, or repairing such a facility.	104526

Sec. 5739.022. (A) The question of repeal of either a county	104527
permissive tax or an increase in the rate of a county permissive	104528
tax that was adopted as an emergency measure pursuant to section	104529
5739.021 or 5739.026 of the Revised Code may be initiated by	104530
filing with the board of elections of the county not less than	104531
ninety days before the general election in any year a petition	104532
requesting that an election be held on the question. The question	104533
of repealing an increase in the rate of the county permissive tax	104534
shall be submitted to the electors as a separate question from the	104535
repeal of the tax in effect prior to the increase in the rate. Any	104536
petition filed under this section shall be signed by qualified	104537
electors residing in the county equal in number to ten per cent of	104538
those voting for governor at the most recent gubernatorial	104539
election.	104540

After determination by it that the petition is valid, the	104541
board of elections shall submit the question to the electors of	104542
the county at the next general election. The election shall be	104543
conducted, canvassed, and certified in the same manner as regular	104544
elections for county offices in the county. The board of elections	104545
shall notify the tax commissioner, in writing, of the election	104546
upon determining that the petition is valid. Notice of the	104547
election shall also be published in a newspaper of general	104548
circulation in the district once a week for two consecutive weeks,	104549
or as provided in section 7.16 of the Revised Code, prior to the	104550
election~~, and, if~~. If the board of elections operates and	104551
maintains a web site, the board of elections shall post notice of	104552
the election on its web site for thirty days prior to the	104553
election. The notice shall state the purpose, time, and place of	104554
the election. The form of the ballot cast at the election shall be	104555
prescribed by the secretary of state; however, the ballot question	104556
shall read, "shall the tax (or, increase in the rate of the tax)	104557
be retained?	104558

104559

		Yes			104560
		No	"		104561

104562

The question covered by the petition shall be submitted as a	104563
separate proposition, but it may be printed on the same ballot	104564
with any other proposition submitted at the same election other	104565
than the election of officers.	104566

(B) If a majority of the qualified electors voting on the	104567
question of repeal of either a county permissive tax or an	104568
increase in the rate of a county permissive tax approve the	104569
repeal, the board of elections shall notify the board of county	104570
commissioners and the tax commissioner of the result of the	104571
election immediately after the result has been declared. The board	104572
of county commissioners shall, on the first day of the calendar	104573
quarter following the expiration of sixty-five days after the date	104574
the board and the tax commissioner receive the notice, in the case	104575
of a repeal of a county permissive tax, cease to levy the tax, or,	104576
in the case of a repeal of an increase in the rate of a county	104577
permissive tax, levy the tax at the rate at which it was imposed	104578
immediately prior to the increase in rate and cease to levy the	104579
increased rate.	104580

(C) Upon receipt from a board of elections of a notice of the	104581
results of an election required by division (B) of this section,	104582
the tax commissioner shall provide notice of a tax repeal or rate	104583
change in a manner that is reasonably accessible to all affected	104584
vendors. The commissioner shall provide this notice at least sixty	104585
days prior to the effective date of the rate change. The	104586
commissioner, by rule, may establish the method by which notice	104587
will be provided.	104588

(D) If a vendor that is registered with the central	104589
electronic registration system provided for in section 5740.05 of	104590
the Revised Code makes a sale in this state by printed catalog and	104591
the consumer computed the tax on the sale based on local rates	104592
published in the catalog, any tax repealed or rate changed under	104593
this section shall not apply to such a sale until the first day of	104594
a calendar quarter following the expiration of one hundred twenty	104595
days from the date of notice by the tax commissioner pursuant to	104596
division (C) of this section.	104597

Sec. 5739.026. (A) A board of county commissioners may levy	104598
a tax of one-fourth or one-half of one per cent on every retail	104599
sale in the county, except sales of watercraft and outboard motors	104600
required to be titled pursuant to Chapter 1548. of the Revised	104601
Code and sales of motor vehicles, and may increase an existing	104602
rate of one-fourth of one per cent to one-half of one per cent, to	104603
pay the expenses of administering the tax and, except as provided	104604
in division (A)(6) of this section, for any one or more of the	104605
following purposes provided that the aggregate levy for all such	104606
purposes does not exceed one-half of one per cent:	104607

(1) To provide additional revenues for the payment of bonds	104608
or notes issued in anticipation of bonds issued by a convention	104609
facilities authority established by the board of county	104610
commissioners under Chapter 351. of the Revised Code and to	104611
provide additional operating revenues for the convention	104612
facilities authority;	104613

(2) To provide additional revenues for a transit authority	104614
operating in the county;	104615

(3) To provide additional revenue for the county's general	104616
fund;	104617

(4) To provide additional revenue for permanent improvements	104618
within the county to be distributed by the community improvements	104619
board in accordance with section 307.283 and to pay principal,	104620
interest, and premium on bonds issued under section 307.284 of the	104621
Revised Code;	104622

(5) To provide additional revenue for the acquisition,	104623
construction, equipping, or repair of any specific permanent	104624
improvement or any class or group of permanent improvements, which	104625
improvement or class or group of improvements shall be enumerated	104626
in the resolution required by division (D) of this section, and to	104627
pay principal, interest, premium, and other costs associated with	104628
the issuance of bonds or notes in anticipation of bonds issued	104629
pursuant to Chapter 133. of the Revised Code for the acquisition,	104630
construction, equipping, or repair of the specific permanent	104631
improvement or class or group of permanent improvements;	104632

(6) To provide revenue for the implementation and operation	104633
of a 9-1-1 system in the county. If the tax is levied or the rate	104634
increased exclusively for such purpose, the tax shall not be	104635
levied or the rate increased for more than five years. At the end	104636
of the last year the tax is levied or the rate increased, any	104637
balance remaining in the special fund established for such purpose	104638
shall remain in that fund and be used exclusively for such purpose	104639
until the fund is completely expended, and, notwithstanding	104640
section 5705.16 of the Revised Code, the board of county	104641
commissioners shall not petition for the transfer of money from	104642
such special fund, and the tax commissioner shall not approve such	104643
a petition.	104644

If the tax is levied or the rate increased for such purpose	104645
for more than five years, the board of county commissioners also	104646
shall levy the tax or increase the rate of the tax for one or more	104647
of the purposes described in divisions (A)(1) to (5) of this	104648
section and shall prescribe the method for allocating the revenues	104649
from the tax each year in the manner required by division (C) of	104650
this section.	104651

(7) To provide additional revenue for the operation or	104652
maintenance of a detention facility, as that term is defined under	104653
division (F) of section 2921.01 of the Revised Code;	104654

(8) To provide revenue to finance the construction or	104655
renovation of a sports facility, but only if the tax is levied for	104656
that purpose in the manner prescribed by section 5739.028 of the	104657
Revised Code.	104658

As used in division (A)(8) of this section:

104659

(a) "Sports facility" means a facility intended to house	104660
major league professional athletic teams.	104661

(b) "Constructing" or "construction" includes providing	104662
fixtures, furnishings, and equipment.	104663

(9) To provide additional revenue for the acquisition of	104664
agricultural easements, as defined in section 5301.67 of the	104665
Revised Code; to pay principal, interest, and premium on bonds	104666
issued under section 133.60 of the Revised Code; and for the	104667
supervision and enforcement of agricultural easements held by the	104668
county;	104669

(10) To provide revenue for the provision of ambulance,	104670
paramedic, or other emergency medical services.	104671

Pursuant to section 755.171 of the Revised Code, a board of	104672
county commissioners may pledge and contribute revenue from a tax	104673
levied for the purpose of division (A)(5) of this section to the	104674
payment of debt charges on bonds issued under section 755.17 of	104675
the Revised Code.	104676

The rate of tax shall be a multiple of one-fourth of one per	104677
cent, unless a portion of the rate of an existing tax levied under	104678
section 5739.023 of the Revised Code has been reduced, and the	104679
rate of tax levied under this section has been increased, pursuant	104680
to section 5739.028 of the Revised Code, in which case the	104681
aggregate of the rates of tax levied under this section and	104682
section 5739.023 of the Revised Code shall be a multiple of	104683
one-fourth of one per cent. The tax shall be levied and the rate	104684
increased pursuant to a resolution adopted by a majority of the	104685
members of the board. The board shall deliver a certified copy of	104686
the resolution to the tax commissioner, not later than the	104687
sixty-fifth day prior to the date on which the tax is to become	104688
effective, which shall be the first day of a calendar quarter.	104689

Prior to the adoption of any resolution to levy the tax or to	104690
increase the rate of tax exclusively for the purpose set forth in	104691
division (A)(3) of this section, the board of county commissioners	104692
shall conduct two public hearings on the resolution, the second	104693
hearing to be no fewer than three nor more than ten days after the	104694
first. Notice of the date, time, and place of the hearings shall	104695
be given by publication in a newspaper of general circulation in	104696
the county, or as provided in section 7.16 of the Revised Code,	104697
once a week on the same day of the week for two consecutive weeks,	104698
~~the~~. The second publication ~~being~~shall be no fewer than ten nor	104699
more than thirty days prior to the first hearing. Except as	104700
provided in division (E) of this section, the resolution shall be	104701
subject to a referendum as provided in sections 305.31 to 305.41	104702
of the Revised Code. If the resolution is adopted as an emergency	104703
measure necessary for the immediate preservation of the public	104704
peace, health, or safety, it must receive an affirmative vote of	104705
all of the members of the board of county commissioners and shall	104706
state the reasons for the necessity.	104707

If the tax is for more than one of the purposes set forth in	104708
divisions (A)(1) to (7), (9), and (10) of this section, or is	104709
exclusively for one of the purposes set forth in division (A)(1),	104710
(2), (4), (5), (6), (7), (9), or (10) of this section, the	104711
resolution shall not go into effect unless it is approved by a	104712
majority of the electors voting on the question of the tax.	104713

(B) The board of county commissioners shall adopt a	104714
resolution under section 351.02 of the Revised Code creating the	104715
convention facilities authority, or under section 307.283 of the	104716
Revised Code creating the community improvements board, before	104717
adopting a resolution levying a tax for the purpose of a	104718
convention facilities authority under division (A)(1) of this	104719
section or for the purpose of a community improvements board under	104720
division (A)(4) of this section.	104721

(C)(1) If the tax is to be used for more than one of the	104722
purposes set forth in divisions (A)(1) to (7), (9), and (10) of	104723
this section, the board of county commissioners shall establish	104724
the method that will be used to determine the amount or proportion	104725
of the tax revenue received by the county during each year that	104726
will be distributed for each of those purposes, including, if	104727
applicable, provisions governing the reallocation of a convention	104728
facilities authority's allocation if the authority is dissolved	104729
while the tax is in effect. The allocation method may provide that	104730
different proportions or amounts of the tax shall be distributed	104731
among the purposes in different years, but it shall clearly	104732
describe the method that will be used for each year. Except as	104733
otherwise provided in division (C)(2) of this section, the	104734
allocation method established by the board is not subject to	104735
amendment during the life of the tax.	104736

(2) Subsequent to holding a public hearing on the proposed	104737
amendment, the board of county commissioners may amend the	104738
allocation method established under division (C)(1) of this	104739
section for any year, if the amendment is approved by the	104740
governing board of each entity whose allocation for the year would	104741
be reduced by the proposed amendment. In the case of a tax that is	104742
levied for a continuing period of time, the board may not so amend	104743
the allocation method for any year before the sixth year that the	104744
tax is in effect.	104745

(a) If the additional revenues provided to the convention	104746
facilities authority are pledged by the authority for the payment	104747
of convention facilities authority revenue bonds for as long as	104748
such bonds are outstanding, no reduction of the authority's	104749
allocation of the tax shall be made for any year except to the	104750
extent that the reduced authority allocation, when combined with	104751
the authority's other revenues pledged for that purpose, is	104752
sufficient to meet the debt service requirements for that year on	104753
such bonds.	104754

(b) If the additional revenues provided to the county are	104755
pledged by the county for the payment of bonds or notes described	104756
in division (A)(4) or (5) of this section, for as long as such	104757
bonds or notes are outstanding, no reduction of the county's or	104758
the community improvements board's allocation of the tax shall be	104759
made for any year, except to the extent that the reduced county or	104760
community improvements board allocation is sufficient to meet the	104761
debt service requirements for that year on such bonds or notes.	104762

(c) If the additional revenues provided to the transit	104763
authority are pledged by the authority for the payment of revenue	104764
bonds issued under section 306.37 of the Revised Code, for as long	104765
as such bonds are outstanding, no reduction of the authority's	104766
allocation of tax shall be made for any year, except to the extent	104767
that the authority's reduced allocation, when combined with the	104768
authority's other revenues pledged for that purpose, is sufficient	104769
to meet the debt service requirements for that year on such bonds.	104770

(d) If the additional revenues provided to the county are	104771
pledged by the county for the payment of bonds or notes issued	104772
under section 133.60 of the Revised Code, for so long as the bonds	104773
or notes are outstanding, no reduction of the county's allocation	104774
of the tax shall be made for any year, except to the extent that	104775
the reduced county allocation is sufficient to meet the debt	104776
service requirements for that year on the bonds or notes.	104777

(D)(1) The resolution levying the tax or increasing the rate	104778
of tax shall state the rate of the tax or the rate of the	104779
increase; the purpose or purposes for which it is to be levied;	104780
the number of years for which it is to be levied or that it is for	104781
a continuing period of time; the allocation method required by	104782
division (C) of this section; and if required to be submitted to	104783
the electors of the county under division (A) of this section, the	104784
date of the election at which the proposal shall be submitted to	104785
the electors of the county, which shall be not less than ninety	104786
days after the certification of a copy of the resolution to the	104787
board of elections and, if the tax is to be levied exclusively for	104788
the purpose set forth in division (A)(3) of this section, shall	104789
not occur in February or August of any year. Upon certification of	104790
the resolution to the board of elections, the board of county	104791
commissioners shall notify the tax commissioner in writing of the	104792
levy question to be submitted to the electors. If approved by a	104793
majority of the electors, the tax shall become effective on the	104794
first day of a calendar quarter next following the sixty-fifth day	104795
following the date the board of county commissioners and tax	104796
commissioner receive from the board of elections the certification	104797
of the results of the election, except as provided in division (E)	104798
of this section.	104799

(2)(a) A resolution specifying that the tax is to be used	104800
exclusively for the purpose set forth in division (A)(3) of this	104801
section that is not adopted as an emergency measure may direct the	104802
board of elections to submit the question of levying the tax or	104803
increasing the rate of the tax to the electors of the county at a	104804
special election held on the date specified by the board of county	104805
commissioners in the resolution, provided that the election occurs	104806
not less than ninety days after the resolution is certified to the	104807
board of elections and the election is not held in February or	104808
August of any year. Upon certification of the resolution to the	104809
board of elections, the board of county commissioners shall notify	104810
the tax commissioner in writing of the levy question to be	104811
submitted to the electors. No resolution adopted under division	104812
(D)(2)(a) of this section shall go into effect unless approved by	104813
a majority of those voting upon it and, except as provided in	104814
division (E) of this section, not until the first day of a	104815
calendar quarter following the expiration of sixty-five days from	104816
the date the tax commissioner receives notice from the board of	104817
elections of the affirmative vote.	104818

(b) A resolution specifying that the tax is to be used	104819
exclusively for the purpose set forth in division (A)(3) of this	104820
section that is adopted as an emergency measure shall become	104821
effective as provided in division (A) of this section, but may	104822
direct the board of elections to submit the question of repealing	104823
the tax or increase in the rate of the tax to the electors of the	104824
county at the next general election in the county occurring not	104825
less than ninety days after the resolution is certified to the	104826
board of elections. Upon certification of the resolution to the	104827
board of elections, the board of county commissioners shall notify	104828
the tax commissioner in writing of the levy question to be	104829
submitted to the electors. The ballot question shall be the same	104830
as that prescribed in section 5739.022 of the Revised Code. The	104831
board of elections shall notify the board of county commissioners	104832
and the tax commissioner of the result of the election immediately	104833
after the result has been declared. If a majority of the qualified	104834
electors voting on the question of repealing the tax or increase	104835
in the rate of the tax vote for repeal of the tax or repeal of the	104836
increase, the board of county commissioners, on the first day of a	104837
calendar quarter following the expiration of sixty-five days after	104838
the date the board and tax commissioner received notice of the	104839
result of the election, shall, in the case of a repeal of the tax,	104840
cease to levy the tax, or, in the case of a repeal of an increase	104841
in the rate of the tax, cease to levy the increased rate and levy	104842
the tax at the rate at which it was imposed immediately prior to	104843
the increase in rate.	104844

(c) A board of county commissioners, by resolution, may	104845
reduce the rate of a tax levied exclusively for the purpose set	104846
forth in division (A)(3) of this section to a lower rate	104847
authorized by this section. Any such reduction shall be made	104848
effective on the first day of the calendar quarter next following	104849
the sixty-fifth day after the tax commissioner receives a	104850
certified copy of the resolution from the board.	104851

(E) If a vendor that is registered with the central	104852
electronic registration system provided for in section 5740.05 of	104853
the Revised Code makes a sale in this state by printed catalog and	104854
the consumer computed the tax on the sale based on local rates	104855
published in the catalog, any tax levied or repealed or rate	104856
changed under this section shall not apply to such a sale until	104857
the first day of a calendar quarter following the expiration of	104858
one hundred twenty days from the date of notice by the tax	104859
commissioner pursuant to division (G) of this section.	104860

(F) The tax levied pursuant to this section shall be in	104861
addition to the tax levied by section 5739.02 of the Revised Code	104862
and any tax levied pursuant to section 5739.021 or 5739.023 of the	104863
Revised Code.	104864

A county that levies a tax pursuant to this section shall	104865
levy a tax at the same rate pursuant to section 5741.023 of the	104866
Revised Code.	104867

The additional tax levied by the county shall be collected	104868
pursuant to section 5739.025 of the Revised Code.	104869

Any tax levied pursuant to this section is subject to the	104870
exemptions provided in section 5739.02 of the Revised Code and in	104871
addition shall not be applicable to sales not within the taxing	104872
power of a county under the Constitution of the United States or	104873
the Ohio Constitution.	104874

(G) Upon receipt from a board of county commissioners of a	104875
certified copy of a resolution required by division (A) of this	104876
section, or from the board of elections a notice of the results of	104877
an election required by division (D)(1), (2)(a), (b), or (c) of	104878
this section, the tax commissioner shall provide notice of a tax	104879
rate change in a manner that is reasonably accessible to all	104880
affected vendors. The commissioner shall provide this notice at	104881
least sixty days prior to the effective date of the rate change.	104882
The commissioner, by rule, may establish the method by which	104883
notice will be provided.	104884

Sec. 5739.101. (A) The legislative authority of a municipal	104885
corporation, by ordinance, or of a township, by resolution, may	104886
declare the municipal corporation or township to be a resort area	104887
for the purposes of this section, if all of the following criteria	104888
are met:	104889

(1) According to statistics published by the federal	104890
government based on data compiled during the most recent decennial	104891
census of the United States, at least sixty-two per cent of total	104892
housing units in the municipal corporation or township are	104893
classified as "for seasonal, recreational, or occasional use";	104894

(2) Entertainment and recreation facilities are provided	104895
within the municipal corporation or township that are primarily	104896
intended to provide seasonal leisure time activities for persons	104897
other than permanent residents of the municipal corporation or	104898
township;	104899

(3) The municipal corporation or township experiences	104900
seasonal peaks of employment and demand for government services as	104901
a direct result of the seasonal population increase.	104902

(B) For the purpose of providing revenue for its general	104903
fund, the legislative authority of a municipal corporation or	104904
township, in its ordinance or resolution declaring itself a resort	104905
area under this section, may levy a tax on the privilege of	104906
engaging in the business of either of the following:	104907

(1) Making sales in the municipal corporation or township,	104908
whether wholesale or retail, but including sales of food only to	104909
the extent such sales are subject to the tax levied under section	104910
5739.02 of the Revised Code;	104911

(2) Intrastate transportation of passengers or property	104912
primarily to or from the municipal corporation or township by a	104913
railroad, watercraft, or motor vehicle subject to regulation by	104914
the public utilities commission, except not including	104915
transportation of passengers as part of a tour or cruise in which	104916
the passengers will stay in the municipal corporation or township	104917
for no more than one hour.	104918

The tax is imposed upon and shall be paid by the person	104919
making the sales or transporting the passengers or property. The	104920
rate of the tax shall be one-half, one, or one and one-half per	104921
cent of the person's gross receipts derived from making the sales	104922
or transporting the passengers or property to or from the	104923
municipal corporation or township.	104924

(C) The tax shall take effect on the first day of the month	104925
that begins at least sixty days after the effective date of the	104926
ordinance or resolution in which it is levied. The legislative	104927
authority shall certify copies of the ordinance or resolution to	104928
the tax commissioner and treasurer of state within five days after	104929
its adoption. In addition, one time each week during the two weeks	104930
following the adoption of the ordinance or resolution, the	104931
legislative authority shall cause to be published in a newspaper	104932
of general circulation in the municipal corporation or township or	104933
as provided in section 7.16 of the Revised Code, a notice	104934
explaining the tax and stating the rate of the tax, the date it	104935
will take effect, and that persons subject to the tax must	104936
register with the tax commissioner under section 5739.103 of the	104937
Revised Code.	104938

(D) No more than once a year, and subject to the rates	104939
prescribed in division (B) of this section, the legislative	104940
authority of the municipal corporation or township, by ordinance	104941
or resolution, may increase or decrease the rate of a tax levied	104942
under this section. The legislative authority, by ordinance or	104943
resolution, at any time may repeal such a tax. The legislative	104944
authority shall certify to the tax commissioner and treasurer of	104945
state copies of the ordinance or resolution repealing or changing	104946
the rate of the tax within five days after its adoption. In	104947
addition, one time each week during the two weeks following the	104948
adoption of the ordinance or resolution, the legislative authority	104949
shall cause to be published in a newspaper of general circulation	104950
in the municipal corporation or township or as provided in section	104951
7.16 of the Revised Code, notice of the repeal or change.	104952

Sec. 5747.01. Except as otherwise expressly provided or	104953
clearly appearing from the context, any term used in this chapter	104954
that is not otherwise defined in this section has the same meaning	104955
as when used in a comparable context in the laws of the United	104956
States relating to federal income taxes or if not used in a	104957
comparable context in those laws, has the same meaning as in	104958
section 5733.40 of the Revised Code. Any reference in this chapter	104959
to the Internal Revenue Code includes other laws of the United	104960
States relating to federal income taxes.	104961

As used in this chapter:

104962

(A) "Adjusted gross income" or "Ohio adjusted gross income"	104963
means federal adjusted gross income, as defined and used in the	104964
Internal Revenue Code, adjusted as provided in this section:	104965

(1) Add interest or dividends on obligations or securities of	104966
any state or of any political subdivision or authority of any	104967
state, other than this state and its subdivisions and authorities.	104968

(2) Add interest or dividends on obligations of any	104969
authority, commission, instrumentality, territory, or possession	104970
of the United States to the extent that the interest or dividends	104971
are exempt from federal income taxes but not from state income	104972
taxes.	104973

(3) Deduct interest or dividends on obligations of the United	104974
States and its territories and possessions or of any authority,	104975
commission, or instrumentality of the United States to the extent	104976
that the interest or dividends are included in federal adjusted	104977
gross income but exempt from state income taxes under the laws of	104978
the United States.	104979

(4) Deduct disability and survivor's benefits to the extent	104980
included in federal adjusted gross income.	104981

(5) Deduct benefits under Title II of the Social Security Act	104982
and tier 1 railroad retirement benefits to the extent included in	104983
federal adjusted gross income under section 86 of the Internal	104984
Revenue Code.	104985

(6) In the case of a taxpayer who is a beneficiary of a trust	104986
that makes an accumulation distribution as defined in section 665	104987
of the Internal Revenue Code, add, for the beneficiary's taxable	104988
years beginning before 2002, the portion, if any, of such	104989
distribution that does not exceed the undistributed net income of	104990
the trust for the three taxable years preceding the taxable year	104991
in which the distribution is made to the extent that the portion	104992
was not included in the trust's taxable income for any of the	104993
trust's taxable years beginning in 2002 or thereafter.	104994
"Undistributed net income of a trust" means the taxable income of	104995
the trust increased by (a)(i) the additions to adjusted gross	104996
income required under division (A) of this section and (ii) the	104997
personal exemptions allowed to the trust pursuant to section	104998
642(b) of the Internal Revenue Code, and decreased by (b)(i) the	104999
deductions to adjusted gross income required under division (A) of	105000
this section, (ii) the amount of federal income taxes attributable	105001
to such income, and (iii) the amount of taxable income that has	105002
been included in the adjusted gross income of a beneficiary by	105003
reason of a prior accumulation distribution. Any undistributed net	105004
income included in the adjusted gross income of a beneficiary	105005
shall reduce the undistributed net income of the trust commencing	105006
with the earliest years of the accumulation period.	105007

(7) Deduct the amount of wages and salaries, if any, not	105008
otherwise allowable as a deduction but that would have been	105009
allowable as a deduction in computing federal adjusted gross	105010
income for the taxable year, had the targeted jobs credit allowed	105011
and determined under sections 38, 51, and 52 of the Internal	105012
Revenue Code not been in effect.	105013

(8) Deduct any interest or interest equivalent on public	105014
obligations and purchase obligations to the extent that the	105015
interest or interest equivalent is included in federal adjusted	105016
gross income.	105017

(9) Add any loss or deduct any gain resulting from the sale,	105018
exchange, or other disposition of public obligations to the extent	105019
that the loss has been deducted or the gain has been included in	105020
computing federal adjusted gross income.	105021

(10) Deduct or add amounts, as provided under section 5747.70	105022
of the Revised Code, related to contributions to variable college	105023
savings program accounts made or tuition units purchased pursuant	105024
to Chapter 3334. of the Revised Code.	105025

(11)(a) Deduct, to the extent not otherwise allowable as a	105026
deduction or exclusion in computing federal or Ohio adjusted gross	105027
income for the taxable year, the amount the taxpayer paid during	105028
the taxable year for medical care insurance and qualified	105029
long-term care insurance for the taxpayer, the taxpayer's spouse,	105030
and dependents. No deduction for medical care insurance under	105031
division (A)(11) of this section shall be allowed either to any	105032
taxpayer who is eligible to participate in any subsidized health	105033
plan maintained by any employer of the taxpayer or of the	105034
taxpayer's spouse, or to any taxpayer who is entitled to, or on	105035
application would be entitled to, benefits under part A of Title	105036
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	105037
301, as amended. For the purposes of division (A)(11)(a) of this	105038
section, "subsidized health plan" means a health plan for which	105039
the employer pays any portion of the plan's cost. The deduction	105040
allowed under division (A)(11)(a) of this section shall be the net	105041
of any related premium refunds, related premium reimbursements, or	105042
related insurance premium dividends received during the taxable	105043
year.	105044

(b) Deduct, to the extent not otherwise deducted or excluded	105045
in computing federal or Ohio adjusted gross income during the	105046
taxable year, the amount the taxpayer paid during the taxable	105047
year, not compensated for by any insurance or otherwise, for	105048
medical care of the taxpayer, the taxpayer's spouse, and	105049
dependents, to the extent the expenses exceed seven and one-half	105050
per cent of the taxpayer's federal adjusted gross income.	105051

(c) Deduct, to the extent not otherwise deducted or excluded	105052
in computing federal or Ohio adjusted gross income, any amount	105053
included in federal adjusted gross income under section 105 or not	105054
excluded under section 106 of the Internal Revenue Code solely	105055
because it relates to an accident and health plan for a person who	105056
otherwise would be a "qualifying relative" and thus a "dependent"	105057
under section 152 of the Internal Revenue Code but for the fact	105058
that the person fails to meet the income and support limitations	105059
under section 152(d)(1)(B) and (C) of the Internal Revenue Code.	105060

(d) For purposes of division (A)(11) of this section,	105061
"medical care" has the meaning given in section 213 of the	105062
Internal Revenue Code, subject to the special rules, limitations,	105063
and exclusions set forth therein, and "qualified long-term care"	105064
has the same meaning given in section 7702B(c) of the Internal	105065
Revenue Code. Solely for purposes of divisions (A)(11)(a) and (c)	105066
of this section, "dependent" includes a person who otherwise would	105067
be a "qualifying relative" and thus a "dependent" under section	105068
152 of the Internal Revenue Code but for the fact that the person	105069
fails to meet the income and support limitations under section	105070
152(d)(1)(B) and (C) of the Internal Revenue Code.	105071

(12)(a) Deduct any amount included in federal adjusted gross	105072
income solely because the amount represents a reimbursement or	105073
refund of expenses that in any year the taxpayer had deducted as	105074
an itemized deduction pursuant to section 63 of the Internal	105075
Revenue Code and applicable United States department of the	105076
treasury regulations. The deduction otherwise allowed under	105077
division (A)(12)(a) of this section shall be reduced to the extent	105078
the reimbursement is attributable to an amount the taxpayer	105079
deducted under this section in any taxable year.	105080

(b) Add any amount not otherwise included in Ohio adjusted	105081
gross income for any taxable year to the extent that the amount is	105082
attributable to the recovery during the taxable year of any amount	105083
deducted or excluded in computing federal or Ohio adjusted gross	105084
income in any taxable year.	105085

(13) Deduct any portion of the deduction described in section	105086
1341(a)(2) of the Internal Revenue Code, for repaying previously	105087
reported income received under a claim of right, that meets both	105088
of the following requirements:	105089

(a) It is allowable for repayment of an item that was	105090
included in the taxpayer's adjusted gross income for a prior	105091
taxable year and did not qualify for a credit under division (A)	105092
or (B) of section 5747.05 of the Revised Code for that year;	105093

(b) It does not otherwise reduce the taxpayer's adjusted	105094
gross income for the current or any other taxable year.	105095

(14) Deduct an amount equal to the deposits made to, and net	105096
investment earnings of, a medical savings account during the	105097
taxable year, in accordance with section 3924.66 of the Revised	105098
Code. The deduction allowed by division (A)(14) of this section	105099
does not apply to medical savings account deposits and earnings	105100
otherwise deducted or excluded for the current or any other	105101
taxable year from the taxpayer's federal adjusted gross income.	105102

(15)(a) Add an amount equal to the funds withdrawn from a	105103
medical savings account during the taxable year, and the net	105104
investment earnings on those funds, when the funds withdrawn were	105105
used for any purpose other than to reimburse an account holder	105106
for, or to pay, eligible medical expenses, in accordance with	105107
section 3924.66 of the Revised Code;	105108

(b) Add the amounts distributed from a medical savings	105109
account under division (A)(2) of section 3924.68 of the Revised	105110
Code during the taxable year.	105111

(16) Add any amount claimed as a credit under section	105112
5747.059 of the Revised Code to the extent that such amount	105113
satisfies either of the following:	105114

(a) The amount was deducted or excluded from the computation	105115
of the taxpayer's federal adjusted gross income as required to be	105116
reported for the taxpayer's taxable year under the Internal	105117
Revenue Code;	105118

(b) The amount resulted in a reduction of the taxpayer's	105119
federal adjusted gross income as required to be reported for any	105120
of the taxpayer's taxable years under the Internal Revenue Code.	105121

(17) Deduct the amount contributed by the taxpayer to an	105122
individual development account program established by a county	105123
department of job and family services pursuant to sections 329.11	105124
to 329.14 of the Revised Code for the purpose of matching funds	105125
deposited by program participants. On request of the tax	105126
commissioner, the taxpayer shall provide any information that, in	105127
the tax commissioner's opinion, is necessary to establish the	105128
amount deducted under division (A)(17) of this section.	105129

(18) Beginning in taxable year 2001 but not for any taxable	105130
year beginning after December 31, 2005, if the taxpayer is married	105131
and files a joint return and the combined federal adjusted gross	105132
income of the taxpayer and the taxpayer's spouse for the taxable	105133
year does not exceed one hundred thousand dollars, or if the	105134
taxpayer is single and has a federal adjusted gross income for the	105135
taxable year not exceeding fifty thousand dollars, deduct amounts	105136
paid during the taxable year for qualified tuition and fees paid	105137
to an eligible institution for the taxpayer, the taxpayer's	105138
spouse, or any dependent of the taxpayer, who is a resident of	105139
this state and is enrolled in or attending a program that	105140
culminates in a degree or diploma at an eligible institution. The	105141
deduction may be claimed only to the extent that qualified tuition	105142
and fees are not otherwise deducted or excluded for any taxable	105143
year from federal or Ohio adjusted gross income. The deduction may	105144
not be claimed for educational expenses for which the taxpayer	105145
claims a credit under section 5747.27 of the Revised Code.	105146

(19) Add any reimbursement received during the taxable year	105147
of any amount the taxpayer deducted under division (A)(18) of this	105148
section in any previous taxable year to the extent the amount is	105149
not otherwise included in Ohio adjusted gross income.	105150

(20)(a)(i) Add five-sixths of the amount of depreciation	105151
expense allowed by subsection (k) of section 168 of the Internal	105152
Revenue Code, including the taxpayer's proportionate or	105153
distributive share of the amount of depreciation expense allowed	105154
by that subsection to a pass-through entity in which the taxpayer	105155
has a direct or indirect ownership interest.	105156

(ii) Add five-sixths of the amount of qualifying section 179	105157
depreciation expense, including a person's proportionate or	105158
distributive share of the amount of qualifying section 179	105159
depreciation expense allowed to any pass-through entity in which	105160
the person has a direct or indirect ownership. For the purposes of	105161
this division, "qualifying section 179 depreciation expense" means	105162
the difference between (I) the amount of depreciation expense	105163
directly or indirectly allowed to the taxpayer under section 179	105164
of the Internal Revenue Code, and (II) the amount of depreciation	105165
expense directly or indirectly allowed to the taxpayer under	105166
section 179 of the Internal Revenue Code as that section existed	105167
on December 31, 2002.	105168

The tax commissioner, under procedures established by the	105169
commissioner, may waive the add-backs related to a pass-through	105170
entity if the taxpayer owns, directly or indirectly, less than	105171
five per cent of the pass-through entity.	105172

(b) Nothing in division (A)(20) of this section shall be	105173
construed to adjust or modify the adjusted basis of any asset.	105174

(c) To the extent the add-back required under division	105175
(A)(20)(a) of this section is attributable to property generating	105176
nonbusiness income or loss allocated under section 5747.20 of the	105177
Revised Code, the add-back shall be sitused to the same location	105178
as the nonbusiness income or loss generated by the property for	105179
the purpose of determining the credit under division (A) of	105180
section 5747.05 of the Revised Code. Otherwise, the add-back shall	105181
be apportioned, subject to one or more of the four alternative	105182
methods of apportionment enumerated in section 5747.21 of the	105183
Revised Code.	105184

(d) For the purposes of division (A) of this section, net	105185
operating loss carryback and carryforward shall not include	105186
five-sixths of the allowance of any net operating loss deduction	105187
carryback or carryforward to the taxable year to the extent such	105188
loss resulted from depreciation allowed by section 168(k) of the	105189
Internal Revenue Code and by the qualifying section 179	105190
depreciation expense amount.	105191

(21)(a) If the taxpayer was required to add an amount under	105192
division (A)(20)(a) of this section for a taxable year, deduct	105193
one-fifth of the amount so added for each of the five succeeding	105194
taxable years.	105195

(b) If the amount deducted under division (A)(21)(a) of this	105196
section is attributable to an add-back allocated under division	105197
(A)(20)(c) of this section, the amount deducted shall be sitused	105198
to the same location. Otherwise, the add-back shall be apportioned	105199
using the apportionment factors for the taxable year in which the	105200
deduction is taken, subject to one or more of the four alternative	105201
methods of apportionment enumerated in section 5747.21 of the	105202
Revised Code.	105203

(c) No deduction is available under division (A)(21)(a) of	105204
this section with regard to any depreciation allowed by section	105205
168(k) of the Internal Revenue Code and by the qualifying section	105206
179 depreciation expense amount to the extent that such	105207
depreciation resulted in or increased a federal net operating loss	105208
carryback or carryforward to a taxable year to which division	105209
(A)(20)(d) of this section does not apply.	105210

(22) Deduct, to the extent not otherwise deducted or excluded	105211
in computing federal or Ohio adjusted gross income for the taxable	105212
year, the amount the taxpayer received during the taxable year as	105213
reimbursement for life insurance premiums under section 5919.31 of	105214
the Revised Code.	105215

(23) Deduct, to the extent not otherwise deducted or excluded	105216
in computing federal or Ohio adjusted gross income for the taxable	105217
year, the amount the taxpayer received during the taxable year as	105218
a death benefit paid by the adjutant general under section 5919.33	105219
of the Revised Code.	105220

(24) Deduct, to the extent included in federal adjusted gross	105221
income and not otherwise allowable as a deduction or exclusion in	105222
computing federal or Ohio adjusted gross income for the taxable	105223
year, military pay and allowances received by the taxpayer during	105224
the taxable year for active duty service in the United States	105225
army, air force, navy, marine corps, or coast guard or reserve	105226
components thereof or the national guard. The deduction may not be	105227
claimed for military pay and allowances received by the taxpayer	105228
while the taxpayer is stationed in this state.	105229

(25) Deduct, to the extent not otherwise allowable as a	105230
deduction or exclusion in computing federal or Ohio adjusted gross	105231
income for the taxable year and not otherwise compensated for by	105232
any other source, the amount of qualified organ donation expenses	105233
incurred by the taxpayer during the taxable year, not to exceed	105234
ten thousand dollars. A taxpayer may deduct qualified organ	105235
donation expenses only once for all taxable years beginning with	105236
taxable years beginning in 2007.	105237

For the purposes of division (A)(25) of this section:

105238

(a) "Human organ" means all or any portion of a human liver,	105239
pancreas, kidney, intestine, or lung, and any portion of human	105240
bone marrow.	105241

(b) "Qualified organ donation expenses" means travel	105242
expenses, lodging expenses, and wages and salary forgone by a	105243
taxpayer in connection with the taxpayer's donation, while living,	105244
of one or more of the taxpayer's human organs to another human	105245
being.	105246

(26) Deduct, to the extent not otherwise deducted or excluded	105247
in computing federal or Ohio adjusted gross income for the taxable	105248
year, amounts received by the taxpayer as retired military	105249
personnel pay for service in the United States army, navy, air	105250
force, coast guard, or marine corps or reserve components thereof,	105251
or the national guard, or received by the surviving spouse or	105252
former spouse of such a taxpayer under the survivor benefit plan	105253
on account of such a taxpayer's death. If the taxpayer receives	105254
income on account of retirement paid under the federal civil	105255
service retirement system or federal employees retirement system,	105256
or under any successor retirement program enacted by the congress	105257
of the United States that is established and maintained for	105258
retired employees of the United States government, and such	105259
retirement income is based, in whole or in part, on credit for the	105260
taxpayer's military service, the deduction allowed under this	105261
division shall include only that portion of such retirement income	105262
that is attributable to the taxpayer's military service, to the	105263
extent that portion of such retirement income is otherwise	105264
included in federal adjusted gross income and is not otherwise	105265
deducted under this section. Any amount deducted under division	105266
(A)(26) of this section is not included in a taxpayer's adjusted	105267
gross income for the purposes of section 5747.055 of the Revised	105268
Code. No amount may be deducted under division (A)(26) of this	105269
section on the basis of which a credit was claimed under section	105270
5747.055 of the Revised Code.	105271

(27) Deduct, to the extent not otherwise deducted or excluded	105272
in computing federal or Ohio adjusted gross income for the taxable	105273
year, the amount the taxpayer received during the taxable year	105274
from the military injury relief fund created in section 5101.98 of	105275
the Revised Code.	105276

(28) Deduct, to the extent not otherwise deducted or excluded	105277
in computing federal or Ohio adjusted gross income for the taxable	105278
year, the amount the taxpayer received as a veterans bonus during	105279
the taxable year from the Ohio department of veterans services as	105280
authorized by Section 2r of Article VIII, Ohio Constitution.	105281

(29) Deduct, to the extent not otherwise deducted or excluded	105282
in computing federal or Ohio adjusted gross income for the taxable	105283
year, any loss from wagering transactions that is allowed as an	105284
itemized deduction under section 165 of the Internal Revenue Code	105285
and that the taxpayer deducted in computing federal taxable	105286
income.	105287

(30) Deduct, to the extent not otherwise deducted or excluded	105288
in computing federal or Ohio adjusted gross income for the taxable	105289
year, any income derived from providing public services under a	105290
contract through a project owned by the state, as described in	105291
section 126.604 of the Revised Code or derived from a contract	105292
entered into under section 9.06 of the Revised Code and described	105293
in division (J) of that section, or derived from a transfer	105294
agreement or from the enterprise transferred under that agreement	105295
under section 4313.02 of the Revised Code.	105296

(B) "Business income" means income, including gain or loss,	105297
arising from transactions, activities, and sources in the regular	105298
course of a trade or business and includes income, gain, or loss	105299
from real property, tangible property, and intangible property if	105300
the acquisition, rental, management, and disposition of the	105301
property constitute integral parts of the regular course of a	105302
trade or business operation. "Business income" includes income,	105303
including gain or loss, from a partial or complete liquidation of	105304
a business, including, but not limited to, gain or loss from the	105305
sale or other disposition of goodwill.	105306

(C) "Nonbusiness income" means all income other than business	105307
income and may include, but is not limited to, compensation, rents	105308
and royalties from real or tangible personal property, capital	105309
gains, interest, dividends and distributions, patent or copyright	105310
royalties, or lottery winnings, prizes, and awards.	105311

(D) "Compensation" means any form of remuneration paid to an	105312
employee for personal services.	105313

(E) "Fiduciary" means a guardian, trustee, executor,	105314
administrator, receiver, conservator, or any other person acting	105315
in any fiduciary capacity for any individual, trust, or estate.	105316

(F) "Fiscal year" means an accounting period of twelve months	105317
ending on the last day of any month other than December.	105318

(G) "Individual" means any natural person.

105319

(H) "Internal Revenue Code" means the "Internal Revenue Code	105320
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	105321

(I) "Resident" means any of the following, provided that	105322
division (I)(3) of this section applies only to taxable years of a	105323
trust beginning in 2002 or thereafter:	105324

(1) An individual who is domiciled in this state, subject to	105325
section 5747.24 of the Revised Code;	105326

(2) The estate of a decedent who at the time of death was	105327
domiciled in this state. The domicile tests of section 5747.24 of	105328
the Revised Code are not controlling for purposes of division	105329
(I)(2) of this section.	105330

(3) A trust that, in whole or part, resides in this state. If	105331
only part of a trust resides in this state, the trust is a	105332
resident only with respect to that part.	105333

For the purposes of division (I)(3) of this section:

105334

(a) A trust resides in this state for the trust's current	105335
taxable year to the extent, as described in division (I)(3)(d) of	105336
this section, that the trust consists directly or indirectly, in	105337
whole or in part, of assets, net of any related liabilities, that	105338
were transferred, or caused to be transferred, directly or	105339
indirectly, to the trust by any of the following:	105340

(i) A person, a court, or a governmental entity or	105341
instrumentality on account of the death of a decedent, but only if	105342
the trust is described in division (I)(3)(e)(i) or (ii) of this	105343
section;	105344

(ii) A person who was domiciled in this state for the	105345
purposes of this chapter when the person directly or indirectly	105346
transferred assets to an irrevocable trust, but only if at least	105347
one of the trust's qualifying beneficiaries is domiciled in this	105348
state for the purposes of this chapter during all or some portion	105349
of the trust's current taxable year;	105350

(iii) A person who was domiciled in this state for the	105351
purposes of this chapter when the trust document or instrument or	105352
part of the trust document or instrument became irrevocable, but	105353
only if at least one of the trust's qualifying beneficiaries is a	105354
resident domiciled in this state for the purposes of this chapter	105355
during all or some portion of the trust's current taxable year. If	105356
a trust document or instrument became irrevocable upon the death	105357
of a person who at the time of death was domiciled in this state	105358
for purposes of this chapter, that person is a person described in	105359
division (I)(3)(a)(iii) of this section.	105360

(b) A trust is irrevocable to the extent that the transferor	105361
is not considered to be the owner of the net assets of the trust	105362
under sections 671 to 678 of the Internal Revenue Code.	105363

(c) With respect to a trust other than a charitable lead	105364
trust, "qualifying beneficiary" has the same meaning as "potential	105365
current beneficiary" as defined in section 1361(e)(2) of the	105366
Internal Revenue Code, and with respect to a charitable lead trust	105367
"qualifying beneficiary" is any current, future, or contingent	105368
beneficiary, but with respect to any trust "qualifying	105369
beneficiary" excludes a person or a governmental entity or	105370
instrumentality to any of which a contribution would qualify for	105371
the charitable deduction under section 170 of the Internal Revenue	105372
Code.	105373

(d) For the purposes of division (I)(3)(a) of this section,	105374
the extent to which a trust consists directly or indirectly, in	105375
whole or in part, of assets, net of any related liabilities, that	105376
were transferred directly or indirectly, in whole or part, to the	105377
trust by any of the sources enumerated in that division shall be	105378
ascertained by multiplying the fair market value of the trust's	105379
assets, net of related liabilities, by the qualifying ratio, which	105380
shall be computed as follows:	105381

(i) The first time the trust receives assets, the numerator	105382
of the qualifying ratio is the fair market value of those assets	105383
at that time, net of any related liabilities, from sources	105384
enumerated in division (I)(3)(a) of this section. The denominator	105385
of the qualifying ratio is the fair market value of all the	105386
trust's assets at that time, net of any related liabilities.	105387

(ii) Each subsequent time the trust receives assets, a	105388
revised qualifying ratio shall be computed. The numerator of the	105389
revised qualifying ratio is the sum of (1) the fair market value	105390
of the trust's assets immediately prior to the subsequent	105391
transfer, net of any related liabilities, multiplied by the	105392
qualifying ratio last computed without regard to the subsequent	105393
transfer, and (2) the fair market value of the subsequently	105394
transferred assets at the time transferred, net of any related	105395
liabilities, from sources enumerated in division (I)(3)(a) of this	105396
section. The denominator of the revised qualifying ratio is the	105397
fair market value of all the trust's assets immediately after the	105398
subsequent transfer, net of any related liabilities.	105399

(iii) Whether a transfer to the trust is by or from any of	105400
the sources enumerated in division (I)(3)(a) of this section shall	105401
be ascertained without regard to the domicile of the trust's	105402
beneficiaries.	105403

(e) For the purposes of division (I)(3)(a)(i) of this	105404
section:	105405

(i) A trust is described in division (I)(3)(e)(i) of this	105406
section if the trust is a testamentary trust and the testator of	105407
that testamentary trust was domiciled in this state at the time of	105408
the testator's death for purposes of the taxes levied under	105409
Chapter 5731. of the Revised Code.	105410

(ii) A trust is described in division (I)(3)(e)(ii) of this	105411
section if the transfer is a qualifying transfer described in any	105412
of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an	105413
irrevocable inter vivos trust, and at least one of the trust's	105414
qualifying beneficiaries is domiciled in this state for purposes	105415
of this chapter during all or some portion of the trust's current	105416
taxable year.	105417

(f) For the purposes of division (I)(3)(e)(ii) of this	105418
section, a "qualifying transfer" is a transfer of assets, net of	105419
any related liabilities, directly or indirectly to a trust, if the	105420
transfer is described in any of the following:	105421

(i) The transfer is made to a trust, created by the decedent	105422
before the decedent's death and while the decedent was domiciled	105423
in this state for the purposes of this chapter, and, prior to the	105424
death of the decedent, the trust became irrevocable while the	105425
decedent was domiciled in this state for the purposes of this	105426
chapter.	105427

(ii) The transfer is made to a trust to which the decedent,	105428
prior to the decedent's death, had directly or indirectly	105429
transferred assets, net of any related liabilities, while the	105430
decedent was domiciled in this state for the purposes of this	105431
chapter, and prior to the death of the decedent the trust became	105432
irrevocable while the decedent was domiciled in this state for the	105433
purposes of this chapter.	105434

(iii) The transfer is made on account of a contractual	105435
relationship existing directly or indirectly between the	105436
transferor and either the decedent or the estate of the decedent	105437
at any time prior to the date of the decedent's death, and the	105438
decedent was domiciled in this state at the time of death for	105439
purposes of the taxes levied under Chapter 5731. of the Revised	105440
Code.	105441

(iv) The transfer is made to a trust on account of a	105442
contractual relationship existing directly or indirectly between	105443
the transferor and another person who at the time of the	105444
decedent's death was domiciled in this state for purposes of this	105445
chapter.	105446

(v) The transfer is made to a trust on account of the will of	105447
a testator who was domiciled in this state at the time of the	105448
testator's death for purposes of the taxes levied under Chapter	105449
5731. of the Revised Code.	105450

(vi) The transfer is made to a trust created by or caused to	105451
be created by a court, and the trust was directly or indirectly	105452
created in connection with or as a result of the death of an	105453
individual who, for purposes of the taxes levied under Chapter	105454
5731. of the Revised Code, was domiciled in this state at the time	105455
of the individual's death.	105456

(g) The tax commissioner may adopt rules to ascertain the	105457
part of a trust residing in this state.	105458

(J) "Nonresident" means an individual or estate that is not a	105459
resident. An individual who is a resident for only part of a	105460
taxable year is a nonresident for the remainder of that taxable	105461
year.	105462

(K) "Pass-through entity" has the same meaning as in section	105463
5733.04 of the Revised Code.	105464

(L) "Return" means the notifications and reports required to	105465
be filed pursuant to this chapter for the purpose of reporting the	105466
tax due and includes declarations of estimated tax when so	105467
required.	105468

(M) "Taxable year" means the calendar year or the taxpayer's	105469
fiscal year ending during the calendar year, or fractional part	105470
thereof, upon which the adjusted gross income is calculated	105471
pursuant to this chapter.	105472

(N) "Taxpayer" means any person subject to the tax imposed by	105473
section 5747.02 of the Revised Code or any pass-through entity	105474
that makes the election under division (D) of section 5747.08 of	105475
the Revised Code.	105476

(O) "Dependents" means dependents as defined in the Internal	105477
Revenue Code and as claimed in the taxpayer's federal income tax	105478
return for the taxable year or which the taxpayer would have been	105479
permitted to claim had the taxpayer filed a federal income tax	105480
return.	105481

(P) "Principal county of employment" means, in the case of a	105482
nonresident, the county within the state in which a taxpayer	105483
performs services for an employer or, if those services are	105484
performed in more than one county, the county in which the major	105485
portion of the services are performed.	105486

(Q) As used in sections 5747.50 to 5747.55 of the Revised	105487
Code:	105488

(1) "Subdivision" means any county, municipal corporation,	105489
park district, or township.	105490

(2) "Essential local government purposes" includes all	105491
functions that any subdivision is required by general law to	105492
exercise, including like functions that are exercised under a	105493
charter adopted pursuant to the Ohio Constitution.	105494

(R) "Overpayment" means any amount already paid that exceeds	105495
the figure determined to be the correct amount of the tax.	105496

(S) "Taxable income" or "Ohio taxable income" applies only to	105497
estates and trusts, and means federal taxable income, as defined	105498
and used in the Internal Revenue Code, adjusted as follows:	105499

(1) Add interest or dividends, net of ordinary, necessary,	105500
and reasonable expenses not deducted in computing federal taxable	105501
income, on obligations or securities of any state or of any	105502
political subdivision or authority of any state, other than this	105503
state and its subdivisions and authorities, but only to the extent	105504
that such net amount is not otherwise includible in Ohio taxable	105505
income and is described in either division (S)(1)(a) or (b) of	105506
this section:	105507

(a) The net amount is not attributable to the S portion of an	105508
electing small business trust and has not been distributed to	105509
beneficiaries for the taxable year;	105510

(b) The net amount is attributable to the S portion of an	105511
electing small business trust for the taxable year.	105512

(2) Add interest or dividends, net of ordinary, necessary,	105513
and reasonable expenses not deducted in computing federal taxable	105514
income, on obligations of any authority, commission,	105515
instrumentality, territory, or possession of the United States to	105516
the extent that the interest or dividends are exempt from federal	105517
income taxes but not from state income taxes, but only to the	105518
extent that such net amount is not otherwise includible in Ohio	105519
taxable income and is described in either division (S)(1)(a) or	105520
(b) of this section;	105521

(3) Add the amount of personal exemption allowed to the	105522
estate pursuant to section 642(b) of the Internal Revenue Code;	105523

(4) Deduct interest or dividends, net of related expenses	105524
deducted in computing federal taxable income, on obligations of	105525
the United States and its territories and possessions or of any	105526
authority, commission, or instrumentality of the United States to	105527
the extent that the interest or dividends are exempt from state	105528
taxes under the laws of the United States, but only to the extent	105529
that such amount is included in federal taxable income and is	105530
described in either division (S)(1)(a) or (b) of this section;	105531

(5) Deduct the amount of wages and salaries, if any, not	105532
otherwise allowable as a deduction but that would have been	105533
allowable as a deduction in computing federal taxable income for	105534
the taxable year, had the targeted jobs credit allowed under	105535
sections 38, 51, and 52 of the Internal Revenue Code not been in	105536
effect, but only to the extent such amount relates either to	105537
income included in federal taxable income for the taxable year or	105538
to income of the S portion of an electing small business trust for	105539
the taxable year;	105540

(6) Deduct any interest or interest equivalent, net of	105541
related expenses deducted in computing federal taxable income, on	105542
public obligations and purchase obligations, but only to the	105543
extent that such net amount relates either to income included in	105544
federal taxable income for the taxable year or to income of the S	105545
portion of an electing small business trust for the taxable year;	105546

(7) Add any loss or deduct any gain resulting from sale,	105547
exchange, or other disposition of public obligations to the extent	105548
that such loss has been deducted or such gain has been included in	105549
computing either federal taxable income or income of the S portion	105550
of an electing small business trust for the taxable year;	105551

(8) Except in the case of the final return of an estate, add	105552
any amount deducted by the taxpayer on both its Ohio estate tax	105553
return pursuant to section 5731.14 of the Revised Code, and on its	105554
federal income tax return in determining federal taxable income;	105555

(9)(a) Deduct any amount included in federal taxable income	105556
solely because the amount represents a reimbursement or refund of	105557
expenses that in a previous year the decedent had deducted as an	105558
itemized deduction pursuant to section 63 of the Internal Revenue	105559
Code and applicable treasury regulations. The deduction otherwise	105560
allowed under division (S)(9)(a) of this section shall be reduced	105561
to the extent the reimbursement is attributable to an amount the	105562
taxpayer or decedent deducted under this section in any taxable	105563
year.	105564

(b) Add any amount not otherwise included in Ohio taxable	105565
income for any taxable year to the extent that the amount is	105566
attributable to the recovery during the taxable year of any amount	105567
deducted or excluded in computing federal or Ohio taxable income	105568
in any taxable year, but only to the extent such amount has not	105569
been distributed to beneficiaries for the taxable year.	105570

(10) Deduct any portion of the deduction described in section	105571
1341(a)(2) of the Internal Revenue Code, for repaying previously	105572
reported income received under a claim of right, that meets both	105573
of the following requirements:	105574

(a) It is allowable for repayment of an item that was	105575
included in the taxpayer's taxable income or the decedent's	105576
adjusted gross income for a prior taxable year and did not qualify	105577
for a credit under division (A) or (B) of section 5747.05 of the	105578
Revised Code for that year.	105579

(b) It does not otherwise reduce the taxpayer's taxable	105580
income or the decedent's adjusted gross income for the current or	105581
any other taxable year.	105582

(11) Add any amount claimed as a credit under section	105583
5747.059 of the Revised Code to the extent that the amount	105584
satisfies either of the following:	105585

(a) The amount was deducted or excluded from the computation	105586
of the taxpayer's federal taxable income as required to be	105587
reported for the taxpayer's taxable year under the Internal	105588
Revenue Code;	105589

(b) The amount resulted in a reduction in the taxpayer's	105590
federal taxable income as required to be reported for any of the	105591
taxpayer's taxable years under the Internal Revenue Code.	105592

(12) Deduct any amount, net of related expenses deducted in	105593
computing federal taxable income, that a trust is required to	105594
report as farm income on its federal income tax return, but only	105595
if the assets of the trust include at least ten acres of land	105596
satisfying the definition of "land devoted exclusively to	105597
agricultural use" under section 5713.30 of the Revised Code,	105598
regardless of whether the land is valued for tax purposes as such	105599
land under sections 5713.30 to 5713.38 of the Revised Code. If the	105600
trust is a pass-through entity investor, section 5747.231 of the	105601
Revised Code applies in ascertaining if the trust is eligible to	105602
claim the deduction provided by division (S)(12) of this section	105603
in connection with the pass-through entity's farm income.	105604

Except for farm income attributable to the S portion of an	105605
electing small business trust, the deduction provided by division	105606
(S)(12) of this section is allowed only to the extent that the	105607
trust has not distributed such farm income. Division (S)(12) of	105608
this section applies only to taxable years of a trust beginning in	105609
2002 or thereafter.	105610

(13) Add the net amount of income described in section 641(c)	105611
of the Internal Revenue Code to the extent that amount is not	105612
included in federal taxable income.	105613

(14) Add or deduct the amount the taxpayer would be required	105614
to add or deduct under division (A)(20) or (21) of this section if	105615
the taxpayer's Ohio taxable income were computed in the same	105616
manner as an individual's Ohio adjusted gross income is computed	105617
under this section. In the case of a trust, division (S)(14) of	105618
this section applies only to any of the trust's taxable years	105619
beginning in 2002 or thereafter.	105620

(T) "School district income" and "school district income tax"	105621
have the same meanings as in section 5748.01 of the Revised Code.	105622

(U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7)	105623
of this section, "public obligations," "purchase obligations," and	105624
"interest or interest equivalent" have the same meanings as in	105625
section 5709.76 of the Revised Code.	105626

(V) "Limited liability company" means any limited liability	105627
company formed under Chapter 1705. of the Revised Code or under	105628
the laws of any other state.	105629

(W) "Pass-through entity investor" means any person who,	105630
during any portion of a taxable year of a pass-through entity, is	105631
a partner, member, shareholder, or equity investor in that	105632
pass-through entity.	105633

(X) "Banking day" has the same meaning as in section 1304.01	105634
of the Revised Code.	105635

(Y) "Month" means a calendar month.

105636

(Z) "Quarter" means the first three months, the second three	105637
months, the third three months, or the last three months of the	105638
taxpayer's taxable year.	105639

(AA)(1) "Eligible institution" means a state university or	105640
state institution of higher education as defined in section	105641
3345.011 of the Revised Code, or a private, nonprofit college,	105642
university, or other post-secondary institution located in this	105643
state that possesses a certificate of authorization issued by the	105644
Ohio board of regents pursuant to Chapter 1713. of the Revised	105645
Code or a certificate of registration issued by the state board of	105646
career colleges and schools under Chapter 3332. of the Revised	105647
Code.	105648

(2) "Qualified tuition and fees" means tuition and fees	105649
imposed by an eligible institution as a condition of enrollment or	105650
attendance, not exceeding two thousand five hundred dollars in	105651
each of the individual's first two years of post-secondary	105652
education. If the individual is a part-time student, "qualified	105653
tuition and fees" includes tuition and fees paid for the academic	105654
equivalent of the first two years of post-secondary education	105655
during a maximum of five taxable years, not exceeding a total of	105656
five thousand dollars. "Qualified tuition and fees" does not	105657
include:	105658

(a) Expenses for any course or activity involving sports,	105659
games, or hobbies unless the course or activity is part of the	105660
individual's degree or diploma program;	105661

(b) The cost of books, room and board, student activity fees,	105662
athletic fees, insurance expenses, or other expenses unrelated to	105663
the individual's academic course of instruction;	105664

(c) Tuition, fees, or other expenses paid or reimbursed	105665
through an employer, scholarship, grant in aid, or other	105666
educational benefit program.	105667

(BB)(1) "Modified business income" means the business income	105668
included in a trust's Ohio taxable income after such taxable	105669
income is first reduced by the qualifying trust amount, if any.	105670

(2) "Qualifying trust amount" of a trust means capital gains	105671
and losses from the sale, exchange, or other disposition of equity	105672
or ownership interests in, or debt obligations of, a qualifying	105673
investee to the extent included in the trust's Ohio taxable	105674
income, but only if the following requirements are satisfied:	105675

(a) The book value of the qualifying investee's physical	105676
assets in this state and everywhere, as of the last day of the	105677
qualifying investee's fiscal or calendar year ending immediately	105678
prior to the date on which the trust recognizes the gain or loss,	105679
is available to the trust.	105680

(b) The requirements of section 5747.011 of the Revised Code	105681
are satisfied for the trust's taxable year in which the trust	105682
recognizes the gain or loss.	105683

Any gain or loss that is not a qualifying trust amount is	105684
modified business income, qualifying investment income, or	105685
modified nonbusiness income, as the case may be.	105686

(3) "Modified nonbusiness income" means a trust's Ohio	105687
taxable income other than modified business income, other than the	105688
qualifying trust amount, and other than qualifying investment	105689
income, as defined in section 5747.012 of the Revised Code, to the	105690
extent such qualifying investment income is not otherwise part of	105691
modified business income.	105692

(4) "Modified Ohio taxable income" applies only to trusts,	105693
and means the sum of the amounts described in divisions (BB)(4)(a)	105694
to (c) of this section:	105695

(a) The fraction, calculated under section 5747.013, and	105696
applying section 5747.231 of the Revised Code, multiplied by the	105697
sum of the following amounts:	105698

(i) The trust's modified business income;

105699

(ii) The trust's qualifying investment income, as defined in	105700
section 5747.012 of the Revised Code, but only to the extent the	105701
qualifying investment income does not otherwise constitute	105702
modified business income and does not otherwise constitute a	105703
qualifying trust amount.	105704

(b) The qualifying trust amount multiplied by a fraction, the	105705
numerator of which is the sum of the book value of the qualifying	105706
investee's physical assets in this state on the last day of the	105707
qualifying investee's fiscal or calendar year ending immediately	105708
prior to the day on which the trust recognizes the qualifying	105709
trust amount, and the denominator of which is the sum of the book	105710
value of the qualifying investee's total physical assets	105711
everywhere on the last day of the qualifying investee's fiscal or	105712
calendar year ending immediately prior to the day on which the	105713
trust recognizes the qualifying trust amount. If, for a taxable	105714
year, the trust recognizes a qualifying trust amount with respect	105715
to more than one qualifying investee, the amount described in	105716
division (BB)(4)(b) of this section shall equal the sum of the	105717
products so computed for each such qualifying investee.	105718

(c)(i) With respect to a trust or portion of a trust that is	105719
a resident as ascertained in accordance with division (I)(3)(d) of	105720
this section, its modified nonbusiness income.	105721

(ii) With respect to a trust or portion of a trust that is	105722
not a resident as ascertained in accordance with division	105723
(I)(3)(d) of this section, the amount of its modified nonbusiness	105724
income satisfying the descriptions in divisions (B)(2) to (5) of	105725
section 5747.20 of the Revised Code, except as otherwise provided	105726
in division (BB)(4)(c)(ii) of this section. With respect to a	105727
trust or portion of a trust that is not a resident as ascertained	105728
in accordance with division (I)(3)(d) of this section, the trust's	105729
portion of modified nonbusiness income recognized from the sale,	105730
exchange, or other disposition of a debt interest in or equity	105731
interest in a section 5747.212 entity, as defined in section	105732
5747.212 of the Revised Code, without regard to division (A) of	105733
that section, shall not be allocated to this state in accordance	105734
with section 5747.20 of the Revised Code but shall be apportioned	105735
to this state in accordance with division (B) of section 5747.212	105736
of the Revised Code without regard to division (A) of that	105737
section.	105738

If the allocation and apportionment of a trust's income under	105739
divisions (BB)(4)(a) and (c) of this section do not fairly	105740
represent the modified Ohio taxable income of the trust in this	105741
state, the alternative methods described in division (C) of	105742
section 5747.21 of the Revised Code may be applied in the manner	105743
and to the same extent provided in that section.	105744

(5)(a) Except as set forth in division (BB)(5)(b) of this	105745
section, "qualifying investee" means a person in which a trust has	105746
an equity or ownership interest, or a person or unit of government	105747
the debt obligations of either of which are owned by a trust. For	105748
the purposes of division (BB)(2)(a) of this section and for the	105749
purpose of computing the fraction described in division (BB)(4)(b)	105750
of this section, all of the following apply:	105751

(i) If the qualifying investee is a member of a qualifying	105752
controlled group on the last day of the qualifying investee's	105753
fiscal or calendar year ending immediately prior to the date on	105754
which the trust recognizes the gain or loss, then "qualifying	105755
investee" includes all persons in the qualifying controlled group	105756
on such last day.	105757

(ii) If the qualifying investee, or if the qualifying	105758
investee and any members of the qualifying controlled group of	105759
which the qualifying investee is a member on the last day of the	105760
qualifying investee's fiscal or calendar year ending immediately	105761
prior to the date on which the trust recognizes the gain or loss,	105762
separately or cumulatively own, directly or indirectly, on the	105763
last day of the qualifying investee's fiscal or calendar year	105764
ending immediately prior to the date on which the trust recognizes	105765
the qualifying trust amount, more than fifty per cent of the	105766
equity of a pass-through entity, then the qualifying investee and	105767
the other members are deemed to own the proportionate share of the	105768
pass-through entity's physical assets which the pass-through	105769
entity directly or indirectly owns on the last day of the	105770
pass-through entity's calendar or fiscal year ending within or	105771
with the last day of the qualifying investee's fiscal or calendar	105772
year ending immediately prior to the date on which the trust	105773
recognizes the qualifying trust amount.	105774

(iii) For the purposes of division (BB)(5)(a)(iii) of this	105775
section, "upper level pass-through entity" means a pass-through	105776
entity directly or indirectly owning any equity of another	105777
pass-through entity, and "lower level pass-through entity" means	105778
that other pass-through entity.	105779

An upper level pass-through entity, whether or not it is also	105780
a qualifying investee, is deemed to own, on the last day of the	105781
upper level pass-through entity's calendar or fiscal year, the	105782
proportionate share of the lower level pass-through entity's	105783
physical assets that the lower level pass-through entity directly	105784
or indirectly owns on the last day of the lower level pass-through	105785
entity's calendar or fiscal year ending within or with the last	105786
day of the upper level pass-through entity's fiscal or calendar	105787
year. If the upper level pass-through entity directly and	105788
indirectly owns less than fifty per cent of the equity of the	105789
lower level pass-through entity on each day of the upper level	105790
pass-through entity's calendar or fiscal year in which or with	105791
which ends the calendar or fiscal year of the lower level	105792
pass-through entity and if, based upon clear and convincing	105793
evidence, complete information about the location and cost of the	105794
physical assets of the lower pass-through entity is not available	105795
to the upper level pass-through entity, then solely for purposes	105796
of ascertaining if a gain or loss constitutes a qualifying trust	105797
amount, the upper level pass-through entity shall be deemed as	105798
owning no equity of the lower level pass-through entity for each	105799
day during the upper level pass-through entity's calendar or	105800
fiscal year in which or with which ends the lower level	105801
pass-through entity's calendar or fiscal year. Nothing in division	105802
(BB)(5)(a)(iii) of this section shall be construed to provide for	105803
any deduction or exclusion in computing any trust's Ohio taxable	105804
income.	105805

(b) With respect to a trust that is not a resident for the	105806
taxable year and with respect to a part of a trust that is not a	105807
resident for the taxable year, "qualifying investee" for that	105808
taxable year does not include a C corporation if both of the	105809
following apply:	105810

(i) During the taxable year the trust or part of the trust	105811
recognizes a gain or loss from the sale, exchange, or other	105812
disposition of equity or ownership interests in, or debt	105813
obligations of, the C corporation.	105814

(ii) Such gain or loss constitutes nonbusiness income.

105815

(6) "Available" means information is such that a person is	105816
able to learn of the information by the due date plus extensions,	105817
if any, for filing the return for the taxable year in which the	105818
trust recognizes the gain or loss.	105819

(CC) "Qualifying controlled group" has the same meaning as in	105820
section 5733.04 of the Revised Code.	105821

(DD) "Related member" has the same meaning as in section	105822
5733.042 of the Revised Code.	105823

(EE)(1) For the purposes of division (EE) of this section:

105824

(a) "Qualifying person" means any person other than a	105825
qualifying corporation.	105826

(b) "Qualifying corporation" means any person classified for	105827
federal income tax purposes as an association taxable as a	105828
corporation, except either of the following:	105829

(i) A corporation that has made an election under subchapter	105830
S, chapter one, subtitle A, of the Internal Revenue Code for its	105831
taxable year ending within, or on the last day of, the investor's	105832
taxable year;	105833

(ii) A subsidiary that is wholly owned by any corporation	105834
that has made an election under subchapter S, chapter one,	105835
subtitle A of the Internal Revenue Code for its taxable year	105836
ending within, or on the last day of, the investor's taxable year.	105837

(2) For the purposes of this chapter, unless expressly stated	105838
otherwise, no qualifying person indirectly owns any asset directly	105839
or indirectly owned by any qualifying corporation.	105840

(FF) For purposes of this chapter and Chapter 5751. of the	105841
Revised Code:	105842

(1) "Trust" does not include a qualified pre-income tax	105843
trust.	105844

(2) A "qualified pre-income tax trust" is any pre-income tax	105845
trust that makes a qualifying pre-income tax trust election as	105846
described in division (FF)(3) of this section.	105847

(3) A "qualifying pre-income tax trust election" is an	105848
election by a pre-income tax trust to subject to the tax imposed	105849
by section 5751.02 of the Revised Code the pre-income tax trust	105850
and all pass-through entities of which the trust owns or controls,	105851
directly, indirectly, or constructively through related interests,	105852
five per cent or more of the ownership or equity interests. The	105853
trustee shall notify the tax commissioner in writing of the	105854
election on or before April 15, 2006. The election, if timely	105855
made, shall be effective on and after January 1, 2006, and shall	105856
apply for all tax periods and tax years until revoked by the	105857
trustee of the trust.	105858

(4) A "pre-income tax trust" is a trust that satisfies all of	105859
the following requirements:	105860

(a) The document or instrument creating the trust was	105861
executed by the grantor before January 1, 1972;	105862

(b) The trust became irrevocable upon the creation of the	105863
trust; and	105864

(c) The grantor was domiciled in this state at the time the	105865
trust was created.	105866

Sec. 5747.058. (A) A refundable income tax credit granted by	105867
the tax credit authority under section 122.17 or division (B)(2)	105868
or (3) of section 122.171 of the Revised Code may be claimed under	105869
this chapter, in the order required under section 5747.98 of the	105870
Revised Code. For purposes of making tax payments under this	105871
chapter, taxes equal to the amount of the refundable credit shall	105872
be considered to be paid to this state on the first day of the	105873
taxable year. The refundable credit shall not be claimed for any	105874
taxable years ending with or following the calendar year in which	105875
a relocation of employment positions occurs in violation of an	105876
agreement entered into under section 122.171 of the Revised Code.	105877

(B) A nonrefundable income tax credit granted by the tax	105878
credit authority under division (B)(1) of section 122.171 of the	105879
Revised Code may be claimed under this chapter, in the order	105880
required under section 5747.98 of the Revised Code.	105881

Sec. 5747.113. (A) Any taxpayer claiming a refund under	105882
section 5747.11 of the Revised Code ~~for taxable years ending on or~~	105883
~~after October 14, 1983,~~ who wishes to contribute any part of the	105884
taxpayer's refund to the natural areas and preserves fund created	105885
in section 1517.11 of the Revised Code, the nongame and endangered	105886
wildlife fund created in section 1531.26 of the Revised Code, the	105887
military injury relief fund created in section 5101.98 of the	105888
Revised Code, the Ohio historical society income tax contribution	105889
fund created in section 149.308 of the Revised Code, or all of	105890
those funds, may designate on the taxpayer's income tax return the	105891
amount that the taxpayer wishes to contribute to the fund or	105892
funds. A designated contribution is irrevocable upon the filing of	105893
the return and shall be made in the full amount designated if the	105894
refund found due the taxpayer upon the initial processing of the	105895
taxpayer's return, after any deductions including those required	105896
by section 5747.12 of the Revised Code, is greater than or equal	105897
to the designated contribution. If the refund due as initially	105898
determined is less than the designated contribution, the	105899
contribution shall be made in the full amount of the refund. The	105900
tax commissioner shall subtract the amount of the contribution	105901
from the amount of the refund initially found due the taxpayer and	105902
shall certify the difference to the director of budget and	105903
management and treasurer of state for payment to the taxpayer in	105904
accordance with section 5747.11 of the Revised Code. For the	105905
purpose of any subsequent determination of the taxpayer's net tax	105906
payment, the contribution shall be considered a part of the refund	105907
paid to the taxpayer.	105908

(B) The tax commissioner shall provide a space on the income	105909
tax return form in which a taxpayer may indicate that the taxpayer	105910
wishes to make a donation in accordance with this section. The tax	105911
commissioner shall also print in the instructions accompanying the	105912
income tax return form a description of the purposes for which the	105913
natural areas and preserves fund, the nongame and endangered	105914
wildlife fund, ~~and~~ the military injury relief fund, and the Ohio	105915
historical society income tax contribution fund were created and	105916
the use of moneys from the income tax refund contribution system	105917
established in this section. No person shall designate on the	105918
person's income tax return any part of a refund claimed under	105919
section 5747.11 of the Revised Code as a contribution to any fund	105920
other than the natural areas and preserves fund, the nongame and	105921
endangered wildlife fund, the military injury relief fund, or ~~all~~	105922
~~of those funds~~the Ohio historical society income tax contribution	105923
fund.	105924

(C) The money collected under the income tax refund	105925
contribution system established in this section shall be deposited	105926
by the tax commissioner into the natural areas and preserves fund,	105927
the nongame and endangered wildlife fund, ~~and~~ the military injury	105928
relief fund, and the Ohio historical society income tax	105929
contribution fund in the amounts designated on the tax returns.	105930

(D) No later than the thirtieth day of September each year,	105931
the tax commissioner shall determine the total amount contributed	105932
to each fund under this section during the preceding eight months,	105933
any adjustments to prior months, and the cost to the department of	105934
taxation of administering the income tax refund contribution	105935
system during that eight-month period. The commissioner shall make	105936
an additional determination no later than the thirty-first day of	105937
January of each year of the total amount contributed to each fund	105938
under this section during the preceding four calendar months, any	105939
adjustments to prior years made during that four-month period, and	105940
the cost to the department of taxation of administering the income	105941
tax contribution system during that period. The cost of	105942
administering the income tax contribution system shall be	105943
certified by the tax commissioner to the director of budget and	105944
management, who shall transfer an amount equal to ~~one-third~~	105945
one-fourth of such administrative costs from the natural areas and	105946
preserves fund, ~~one-third~~one-fourth of such costs from the	105947
nongame and endangered wildlife fund, ~~and one-third~~one-fourth of	105948
such costs from the military injury relief fund, and one-fourth of	105949
such costs from the Ohio historical society income tax	105950
contribution fund to the litter control and natural resource tax	105951
administration fund, which is hereby created, provided that the	105952
moneys that the department receives to pay the cost of	105953
administering the income tax refund contribution system in any	105954
year shall not exceed two and one-half per cent of the total	105955
amount contributed under that system during that year.	105956

(E)(1) The director of natural resources, in January of every	105957
odd-numbered year, shall report to the general assembly on the	105958
effectiveness of the income tax refund contribution system as it	105959
pertains to the natural areas and preserves fund and the nongame	105960
and endangered wildlife fund. The report shall include the amount	105961
of money contributed to each fund in each of the previous five	105962
years, the amount of money contributed directly to each fund in	105963
addition to or independently of the income tax refund contribution	105964
system in each of the previous five years, and the purposes for	105965
which the money was expended.	105966

(2) The director of job and family services and the director	105967
of the Ohio historical society, in January of every odd-numbered	105968
year, each shall report to the general assembly on the	105969
effectiveness of the income tax refund contribution system as it	105970
pertains to the military injury relief fund and the Ohio	105971
historical society income tax contribution fund, respectively. The	105972
report shall include the amount of money contributed to the fund	105973
in each of the previous five years, the amount of money	105974
contributed directly to the fund in addition to or independently	105975
of the income tax refund contribution system in each of the	105976
previous five years, and the purposes for which the money was	105977
expended.	105978

Sec. 5747.451. (A) The mere retirement from business or	105979
voluntary dissolution of a domestic or foreign qualifying entity	105980
does not exempt it from the requirements to make reports as	105981
required under sections 5747.42 to 5747.44 or to pay the taxes	105982
imposed under section 5733.41 or 5747.41 of the Revised Code. If	105983
any qualifying entity subject to the taxes imposed under section	105984
5733.41 or 5747.41 of the Revised Code sells its business or stock	105985
of merchandise or quits its business, the taxes required to be	105986
paid prior to that time, together with any interest or penalty	105987
thereon, become due and payable immediately, and the qualifying	105988
entity shall make a final return within fifteen days after the	105989
date of selling or quitting business. The successor of the	105990
qualifying entity shall withhold a sufficient amount of the	105991
purchase money to cover the amount of such taxes, interest, and	105992
penalties due and unpaid until the qualifying entity produces a	105993
receipt from the tax commissioner showing that the taxes,	105994
interest, and penalties have been paid, or a certificate	105995
indicating that no taxes are due. If the purchaser of the business	105996
or stock of goods fails to withhold purchase money, the purchaser	105997
is personally liable for the payment of the taxes, interest, and	105998
penalties accrued and unpaid during the operation of the business	105999
by the qualifying entity. If the amount of those taxes, interest,	106000
and penalty unpaid at the time of the purchase exceeds the total	106001
purchase money, the tax commissioner may adjust the qualifying	106002
entity's liability for those taxes, interest, and penalty, or	106003
adjust the responsibility of the purchaser to pay that liability,	106004
in a manner calculated to maximize the collection of those	106005
liabilities.	106006

(B) Annually, on the last day of each qualifying taxable year	106007
of a qualifying entity, the taxes imposed under section 5733.41 or	106008
5747.41 of the Revised Code, together with any penalties	106009
subsequently accruing thereon, become a lien on all property in	106010
this state of the qualifying entity, whether such property is	106011
employed by the qualifying entity in the prosecution of its	106012
business or is in the hands of an assignee, trustee, or receiver	106013
for the benefit of the qualifying entity's creditors and	106014
investors. The lien shall continue until those taxes, together	106015
with any penalties subsequently accruing, are paid.	106016

Upon failure of such a qualifying entity to pay those taxes	106017
on the day fixed for payment, the treasurer of state shall	106018
thereupon notify the tax commissioner, and the commissioner may	106019
file in the office of the county recorder in each county in this	106020
state in which the qualifying entity owns or has a beneficial	106021
interest in real estate, notice of the lien containing a brief	106022
description of such real estate. No fee shall be charged for such	106023
a filing. The lien is not valid as against any mortgagee,	106024
purchaser, or judgment creditor whose rights have attached prior	106025
to the time the notice is so filed in the county in which the real	106026
estate which is the subject of such mortgage, purchase, or	106027
judgment lien is located. The notice shall be recorded in a book	106028
kept by the recorder, called the qualifying entity tax lien	106029
record, and indexed under the name of the qualifying entity	106030
charged with the tax. When the tax, together with any penalties	106031
subsequently accruing thereon, have been paid, the tax	106032
commissioner shall furnish to the qualifying entity an	106033
acknowledgment of such payment that the qualifying entity may	106034
record with the recorder of each county in which notice of such	106035
lien has been filed, for which recording the recorder shall charge	106036
and receive a fee of two dollars.	106037

(C) In addition to all other remedies for the collection of	106038
any taxes or penalties due under law, whenever any taxes,	106039
interest, or penalties due from any qualifying entity under	106040
section 5733.41 of the Revised Code or this chapter have remained	106041
unpaid for a period of ninety days, or whenever any qualifying	106042
entity has failed for a period of ninety days to make any report	106043
or return required by law, or to pay any penalty for failure to	106044
make or file such report or return, the attorney general, upon the	106045
request of the tax commissioner, shall file a petition in the	106046
court of common pleas in the county of the state in which such	106047
qualifying entity has its principal place of business for a	106048
judgment for the amount of the taxes, interest, or penalties	106049
appearing to be due, the enforcement of any lien in favor of the	106050
state, and an injunction to restrain such qualifying entity and	106051
its officers, directors, and managing agents from the transaction	106052
of any business within this state, other than such acts as are	106053
incidental to liquidation or winding up, until the payment of such	106054
taxes, interest, and penalties, and the costs of the proceeding	106055
fixed by the court, or the making and filing of such report or	106056
return.	106057

The petition shall be in the name of the state. Any of the	106058
qualifying entities having its principal places of business in the	106059
county may be joined in one suit. On the motion of the attorney	106060
general, the court of common pleas shall enter an order requiring	106061
all defendants to answer by a day certain, and may appoint a	106062
special master commissioner to take testimony, with such other	106063
power and authority as the court confers, and permitting process	106064
to be served by registered mail and by publication in a newspaper	106065
of general circulation ~~published~~ in the county, which publication	106066
need not be made more than once, setting forth the name of each	106067
delinquent qualifying entity, the matter in which the qualifying	106068
entity is delinquent, the names of its officers, directors, and	106069
managing agents, if set forth in the petition, and the amount of	106070
any taxes, fees, or penalties claimed to be owing by the	106071
qualifying entity.	106072

All or any of the trustees or other fiduciaries, officers,	106073
directors, investors, beneficiaries, or managing agents of any	106074
qualifying entity may be joined as defendants with the qualifying	106075
entity.	106076

If it appears to the court upon hearing that any qualifying	106077
entity that is a party to the proceeding is indebted to the state	106078
for taxes imposed under section 5733.41 or 5747.41 of the Revised	106079
Code, or interest or penalties thereon, judgment shall be entered	106080
therefor with interest; and if it appears that any qualifying	106081
entity has failed to make or file any report or return, a	106082
mandatory injunction may be issued against the qualifying entity,	106083
its trustees or other fiduciaries, officers, directors, and	106084
managing agents, enjoining them from the transaction of any	106085
business within this state, other than acts incidental to	106086
liquidation or winding up, until the making and filing of all	106087
proper reports or returns and until the payment in full of all	106088
taxes, interest, and penalties.	106089

If the trustees or other fiduciaries, officers, directors,	106090
investors, beneficiaries, or managing agents of a qualifying	106091
entity are not made parties in the first instance, and a judgment	106092
or an injunction is rendered or issued against the qualifying	106093
entity, those officers, directors, investors, or managing agents	106094
may be made parties to such proceedings upon the motion of the	106095
attorney general, and, upon notice to them of the form and terms	106096
of such injunction, they shall be bound thereby as fully as if	106097
they had been made parties in the first instance.	106098

In any action authorized by this division, a statement of the	106099
tax commissioner, or the secretary of state, when duly certified,	106100
shall be prima-facie evidence of the amount of taxes, interest, or	106101
penalties due from any qualifying entity, or of the failure of any	106102
qualifying entity to file with the commissioner or the secretary	106103
of state any report required by law, and any such certificate of	106104
the commissioner or the secretary of state may be required in	106105
evidence in any such proceeding.	106106

On the application of any defendant and for good cause shown,	106107
the court may order a separate hearing of the issues as to any	106108
defendant.	106109

The costs of the proceeding shall be apportioned among the	106110
parties as the court deems proper.	106111

The court in such proceeding may make, enter, and enforce	106112
such other judgments and orders and grant such other relief as is	106113
necessary or incidental to the enforcement of the claims and lien	106114
of the state.	106115

In the performance of the duties enjoined upon the attorney	106116
general by this division, the attorney general may direct any	106117
prosecuting attorney to bring an action, as authorized by this	106118
division, in the name of the state with respect to any delinquent	106119
qualifying entities within the prosecuting attorney's county, and	106120
like proceedings and orders shall be had as if such action were	106121
instituted by the attorney general.	106122

(D) If any qualifying entity fails to make and file the	106123
reports or returns required under this chapter, or to pay the	106124
penalties provided by law for failure to make and file such	106125
reports or returns for a period of ninety days after the time	106126
prescribed by this chapter, the attorney general, on the request	106127
of the tax commissioner, shall commence an action in quo warranto	106128
in the court of appeals of the county in which that qualifying	106129
entity has its principal place of business to forfeit and annul	106130
its privileges and franchises. If the court is satisfied that any	106131
such qualifying entity is in default, it shall render judgment	106132
ousting such qualifying entity from the exercise of its privileges	106133
and franchises within this state, and shall otherwise proceed as	106134
provided in sections 2733.02 to 2733.39 of the Revised Code.	106135

Sec. 5747.46. As used in sections 5747.46 and 5747.47 of the	106136
Revised Code:	106137

(A) "Year's fund balance" means the amount credited to the	106138
public library fund during a calendar year.	106139

(B) "Distribution year" means the calendar year during which	106140
a year's fund balance is distributed under section 5747.47 of the	106141
Revised Code.	106142

(C) "CPI" means the consumer price index for all urban	106143
consumers (United States city average, all items), prepared by the	106144
United States department of labor, bureau of labor statistics.	106145

(D) "Inflation factor" means the quotient obtained by	106146
dividing the CPI for May of the year preceding the distribution	106147
year by the CPI for May of the second preceding year. If the	106148
quotient so obtained is less than one, the inflation factor shall	106149
equal one.	106150

(E) "Population" means whichever of the following has most	106151
recently been issued, as of the first day of June preceding the	106152
distribution year:	106153

(1) The most recent decennial census figures that include	106154
population figures for each county in the state;	106155

(2) The most current issue of "Current Population Reports:	106156
Local Population Estimates" issued by the United States bureau of	106157
the census that contains population estimates for each county in	106158
the state and the state.	106159

(F) "County's equalization ratio for a distribution year"	106160
means a percentage computed for that county as follows:	106161

(1) Square the per cent that the county's population is of	106162
the state's population;	106163

(2) Divide the product so obtained by the per cent that the	106164
county's total entitlement for the preceding year is of all	106165
counties' total entitlements for the preceding year;	106166

(3) Divide the quotient so obtained by the sum of the	106167
quotients so obtained for all counties.	106168

(G) "Total entitlement" means, with respect to a distribution	106169
year, the sum of a county's guaranteed share plus its share of the	106170
excess. For the 2012 distribution year, "total entitlement" equals	106171
the sum of payments made to a county public library fund during	106172
that year.	106173

(1) "Guaranteed share" means, for a distribution year, the	106174
product obtained by multiplying a county's total entitlement for	106175
the preceding distribution year by the ~~inflaction~~inflation	106176
factor. If the sum of the guaranteed shares for all counties	106177
exceeds the year's fund balance, the guaranteed shares of all	106178
counties shall be reduced by a percentage that will result in the	106179
sum of such guaranteed shares being equal to the year's fund	106180
balance.	106181

(2) "Share of excess" means, for a distribution year, the	106182
product obtained by multiplying a county's equalization ratio by	106183
the difference between the year's fund balance and the sum of the	106184
guaranteed shares for all counties. If the sum of the guaranteed	106185
shares for all counties exceeds the year's fund balance the share	106186
of the excess for all counties is zero.	106187

(H) "Net distribution" means the sum of the payments made to	106188
a county's public library fund during a distribution year,	106189
adjusted as follows:	106190

(1) If the county received an overpayment during the	106191
preceding distribution year, add the amount of the overpayment;	106192

(2) If the county received an underpayment during the	106193
preceding distribution year, deduct the amount of the	106194
underpayment.	106195

(I) "Overpayment" or "underpayment" for a distribution year	106196
means the amount by which the net distribution to a county's	106197
public library fund during that distribution year exceeded or was	106198
less than the county's total entitlement for that year.	106199

All computations made under this section shall be rounded to	106200
the nearest one-hundredth of one per cent.	106201

Sec. 5747.51. (A) On or before the twenty-fifth day of July	106202
of each year, the tax commissioner shall make and certify to the	106203
county auditor of each county an estimate of the amount of the	106204
local government fund to be allocated to the undivided local	106205
government fund of each county for the ensuing calendar year ~~and~~	106206
~~the estimated amount to be received by the undivided local~~	106207
~~government fund of each county from the taxes levied pursuant to~~	106208
~~section 5707.03 of the Revised Code for the ensuing calendar year~~.	106209

(B) At each annual regular session of the county budget	106210
commission convened pursuant to section 5705.27 of the Revised	106211
Code, each auditor shall present to the commission the certificate	106212
of the commissioner, the annual tax budget and estimates, and the	106213
records showing the action of the commission in its last preceding	106214
regular session. ~~The estimates shown on the certificate of the~~	106215
~~commissioner of the amount to be allocated from the local~~	106216
~~government fund and the amount to be received from taxes levied~~	106217
~~pursuant to section 5707.03 of the Revised Code shall be combined~~	106218
~~into one total comprising the estimate of the undivided local~~	106219
~~government fund of the county.~~ The commission, after extending to	106220
the representatives of each subdivision an opportunity to be	106221
heard, under oath administered by any member of the commission,	106222
and considering all the facts and information presented to it by	106223
the auditor, shall determine the amount of the undivided local	106224
government fund needed by and to be apportioned to each	106225
subdivision for current operating expenses, as shown in the tax	106226
budget of the subdivision. This determination shall be made	106227
pursuant to divisions (C) to (I) of this section, unless the	106228
commission has provided for a formula pursuant to section 5747.53	106229
of the Revised Code.	106230

Nothing in this section prevents the budget commission, for	106231
the purpose of apportioning the undivided local government fund,	106232
from inquiring into the claimed needs of any subdivision as stated	106233
in its tax budget, or from adjusting claimed needs to reflect	106234
actual needs. For the purposes of this section, "current operating	106235
expenses" means the lawful expenditures of a subdivision, except	106236
those for permanent improvements and except payments for interest,	106237
sinking fund, and retirement of bonds, notes, and certificates of	106238
indebtedness of the subdivision.	106239

(C) The commission shall determine the combined total of the	106240
estimated expenditures, including transfers, from the general fund	106241
and any special funds other than special funds established for	106242
road and bridge; street construction, maintenance, and repair;	106243
state highway improvement; and gas, water, sewer, and electric	106244
public utilities operated by a subdivision, as shown in the	106245
subdivision's tax budget for the ensuing calendar year.	106246

(D) From the combined total of expenditures calculated	106247
pursuant to division (C) of this section, the commission shall	106248
deduct the following expenditures, if included in these funds in	106249
the tax budget:	106250

(1) Expenditures for permanent improvements as defined in	106251
division (E) of section 5705.01 of the Revised Code;	106252

(2) In the case of counties and townships, transfers to the	106253
road and bridge fund, and in the case of municipalities, transfers	106254
to the street construction, maintenance, and repair fund and the	106255
state highway improvement fund;	106256

(3) Expenditures for the payment of debt charges;

106257

(4) Expenditures for the payment of judgments.

106258

(E) In addition to the deductions made pursuant to division	106259
(D) of this section, revenues accruing to the general fund and any	106260
special fund considered under division (C) of this section from	106261
the following sources shall be deducted from the combined total of	106262
expenditures calculated pursuant to division (C) of this section:	106263

(1) Taxes levied within the ten-mill limitation, as defined	106264
in section 5705.02 of the Revised Code;	106265

(2) The budget commission allocation of estimated county	106266
public library fund revenues to be distributed pursuant to section	106267
5747.48 of the Revised Code;	106268

(3) Estimated unencumbered balances as shown on the tax	106269
budget as of the thirty-first day of December of the current year	106270
in the general fund, but not any estimated balance in any special	106271
fund considered in division (C) of this section;	106272

(4) Revenue, including transfers, shown in the general fund	106273
and any special funds other than special funds established for	106274
road and bridge; street construction, maintenance, and repair;	106275
state highway improvement; and gas, water, sewer, and electric	106276
public utilities, from all other sources except those that a	106277
subdivision receives from an additional tax or service charge	106278
voted by its electorate or receives from special assessment or	106279
revenue bond collection. For the purposes of this division, where	106280
the charter of a municipal corporation prohibits the levy of an	106281
income tax, an income tax levied by the legislative authority of	106282
such municipal corporation pursuant to an amendment of the charter	106283
of that municipal corporation to authorize such a levy represents	106284
an additional tax voted by the electorate of that municipal	106285
corporation. For the purposes of this division, any measure	106286
adopted by a board of county commissioners pursuant to section	106287
322.02, 324.02, 4504.02, or 5739.021 of the Revised Code,	106288
including those measures upheld by the electorate in a referendum	106289
conducted pursuant to section 322.021, 324.021, 4504.021, or	106290
5739.022 of the Revised Code, shall not be considered an	106291
additional tax voted by the electorate.	106292

Subject to division (G) of section 5705.29 of the Revised	106293
Code, money in a reserve balance account established by a county,	106294
township, or municipal corporation under section 5705.13 of the	106295
Revised Code shall not be considered an unencumbered balance or	106296
revenue under division (E)(3) or (4) of this section. Money in a	106297
reserve balance account established by a township under section	106298
5705.132 of the Revised Code shall not be considered an	106299
unencumbered balance or revenue under division (E)(3) or (4) of	106300
this section.	106301

If a county, township, or municipal corporation has created	106302
and maintains a nonexpendable trust fund under section 5705.131 of	106303
the Revised Code, the principal of the fund, and any additions to	106304
the principal arising from sources other than the reinvestment of	106305
investment earnings arising from such a fund, shall not be	106306
considered an unencumbered balance or revenue under division	106307
(E)(3) or (4) of this section. Only investment earnings arising	106308
from investment of the principal or investment of such additions	106309
to principal may be considered an unencumbered balance or revenue	106310
under those divisions.	106311

(F) The total expenditures calculated pursuant to division	106312
(C) of this section, less the deductions authorized in divisions	106313
(D) and (E) of this section, shall be known as the "relative need"	106314
of the subdivision, for the purposes of this section.	106315

(G) The budget commission shall total the relative need of	106316
all participating subdivisions in the county, and shall compute a	106317
relative need factor by dividing the total estimate of the	106318
undivided local government fund by the total relative need of all	106319
participating subdivisions.	106320

(H) The relative need of each subdivision shall be multiplied	106321
by the relative need factor to determine the proportionate share	106322
of the subdivision in the undivided local government fund of the	106323
county; provided, that the maximum proportionate share of a county	106324
shall not exceed the following maximum percentages of the total	106325
estimate of the undivided local government fund governed by the	106326
relationship of the percentage of the population of the county	106327
that resides within municipal corporations within the county to	106328
the total population of the county as reported in the reports on	106329
population in Ohio by the department of development as of the	106330
twentieth day of July of the year in which the tax budget is filed	106331
with the budget commission:	106332

Percentage of municipal population within the county:	Percentage share of the county shall not exceed:	106333
		106334
Less than forty-one per cent	Sixty per cent	106335
Forty-one per cent or more but less than eighty-one per cent	Fifty per cent	106336
Eighty-one per cent or more	Thirty per cent	106337

Where the proportionate share of the county exceeds the	106338
limitations established in this division, the budget commission	106339
shall adjust the proportionate shares determined pursuant to this	106340
division so that the proportionate share of the county does not	106341
exceed these limitations, and it shall increase the proportionate	106342
shares of all other subdivisions on a pro rata basis. In counties	106343
having a population of less than one hundred thousand, not less	106344
than ten per cent shall be distributed to the townships therein.	106345

(I) The proportionate share of each subdivision in the	106346
undivided local government fund determined pursuant to division	106347
(H) of this section for any calendar year shall not be less than	106348
the product of the average of the percentages of the undivided	106349
local government fund of the county as apportioned to that	106350
subdivision for the calendar years 1968, 1969, and 1970,	106351
multiplied by the total amount of the undivided local government	106352
fund of the county apportioned pursuant to former section 5735.23	106353
of the Revised Code for the calendar year 1970. For the purposes	106354
of this division, the total apportioned amount for the calendar	106355
year 1970 shall be the amount actually allocated to the county in	106356
1970 from the state collected intangible tax as levied by section	106357
5707.03 of the Revised Code and distributed pursuant to section	106358
5725.24 of the Revised Code, plus the amount received by the	106359
county in the calendar year 1970 pursuant to division (B)(1) of	106360
former section 5739.21 of the Revised Code, and distributed	106361
pursuant to former section 5739.22 of the Revised Code. If the	106362
total amount of the undivided local government fund for any	106363
calendar year is less than the amount of the undivided local	106364
government fund apportioned pursuant to former section 5739.23 of	106365
the Revised Code for the calendar year 1970, the minimum amount	106366
guaranteed to each subdivision for that calendar year pursuant to	106367
this division shall be reduced on a basis proportionate to the	106368
amount by which the amount of the undivided local government fund	106369
for that calendar year is less than the amount of the undivided	106370
local government fund apportioned for the calendar year 1970.	106371

(J) On the basis of such apportionment, the county auditor	106372
shall compute the percentage share of each such subdivision in the	106373
undivided local government fund and shall at the same time certify	106374
to the tax commissioner the percentage share of the county as a	106375
subdivision. No payment shall be made from the undivided local	106376
government fund, except in accordance with such percentage shares.	106377

Within ten days after the budget commission has made its	106378
apportionment, whether conducted pursuant to section 5747.51 or	106379
5747.53 of the Revised Code, the auditor shall publish a list of	106380
the subdivisions and the amount each is to receive from the	106381
undivided local government fund and the percentage share of each	106382
subdivision, in a newspaper or newspapers of countywide	106383
circulation, and send a copy of such allocation to the tax	106384
commissioner.	106385

The county auditor shall also send by certified mail, return	106386
receipt requested, a copy of such allocation to the fiscal officer	106387
of each subdivision entitled to participate in the allocation of	106388
the undivided local government fund of the county. This copy shall	106389
constitute the official notice of the commission action referred	106390
to in section 5705.37 of the Revised Code.	106391

All money received into the treasury of a subdivision from	106392
the undivided local government fund in a county treasury shall be	106393
paid into the general fund and used for the current operating	106394
expenses of the subdivision.	106395

If a municipal corporation maintains a municipal university,	106396
such municipal university, when the board of trustees so requests	106397
the legislative authority of the municipal corporation, shall	106398
participate in the money apportioned to such municipal corporation	106399
from the total local government fund, however created and	106400
constituted, in such amount as requested by the board of trustees,	106401
provided such sum does not exceed nine per cent of the total	106402
amount paid to the municipal corporation.	106403

If any public official fails to maintain the records required	106404
by sections 5747.50 to 5747.55 of the Revised Code or by the rules	106405
issued by the tax commissioner, the auditor of state, or the	106406
treasurer of state pursuant to such sections, or fails to comply	106407
with any law relating to the enforcement of such sections, the	106408
local government fund money allocated to the county may be	106409
withheld until such time as the public official has complied with	106410
such sections or such law or the rules issued pursuant thereto.	106411

Sec. 5748.02. (A) The board of education of any school	106412
district, except a joint vocational school district, may declare,	106413
by resolution, the necessity of raising annually a specified	106414
amount of money for school district purposes. The resolution shall	106415
specify whether the income that is to be subject to the tax is	106416
taxable income of individuals and estates as defined in divisions	106417
(E)(1)(a) and (2) of section 5748.01 of the Revised Code or	106418
taxable income of individuals as defined in division (E)(1)(b) of	106419
that section. A copy of the resolution shall be certified to the	106420
tax commissioner no later than one hundred days prior to the date	106421
of the election at which the board intends to propose a levy under	106422
this section. Upon receipt of the copy of the resolution, the tax	106423
commissioner shall estimate both of the following:	106424

(1) The property tax rate that would have to be imposed in	106425
the current year by the district to produce an equivalent amount	106426
of money;	106427

(2) The income tax rate that would have had to have been in	106428
effect for the current year to produce an equivalent amount of	106429
money from a school district income tax.	106430

Within ten days of receiving the copy of the board's	106431
resolution, the commissioner shall prepare these estimates and	106432
certify them to the board. Upon receipt of the certification, the	106433
board may adopt a resolution proposing an income tax under	106434
division (B) of this section at the estimated rate contained in	106435
the certification rounded to the nearest one-fourth of one per	106436
cent. The commissioner's certification applies only to the board's	106437
proposal to levy an income tax at the election for which the board	106438
requested the certification. If the board intends to submit a	106439
proposal to levy an income tax at any other election, it shall	106440
request another certification for that election in the manner	106441
prescribed in this division.	106442

(B)(1) Upon the receipt of a certification from the tax	106443
commissioner under division (A) of this section, a majority of the	106444
members of a board of education may adopt a resolution proposing	106445
the levy of an annual tax for school district purposes on school	106446
district income. The proposed levy may be for a continuing period	106447
of time or for a specified number of years. The resolution shall	106448
set forth the purpose for which the tax is to be imposed, the rate	106449
of the tax, which shall be the rate set forth in the	106450
commissioner's certification rounded to the nearest one-fourth of	106451
one per cent, the number of years the tax will be levied or that	106452
it will be levied for a continuing period of time, the date on	106453
which the tax shall take effect, which shall be the first day of	106454
January of any year following the year in which the question is	106455
submitted, and the date of the election at which the proposal	106456
shall be submitted to the electors of the district, which shall be	106457
on the date of a primary, general, or special election the date of	106458
which is consistent with section 3501.01 of the Revised Code. The	106459
resolution shall specify whether the income that is to be subject	106460
to the tax is taxable income of individuals and estates as defined	106461
in divisions (E)(1)(a) and (2) of section 5748.01 of the Revised	106462
Code or taxable income of individuals as defined in division	106463
(E)(1)(b) of that section. The specification shall be the same as	106464
the specification in the resolution adopted and certified under	106465
division (A) of this section.	106466

If the tax is to be levied for current expenses and permanent	106467
improvements, the resolution shall apportion the annual rate of	106468
the tax. The apportionment may be the same or different for each	106469
year the tax is levied, but the respective portions of the rate	106470
actually levied each year for current expenses and for permanent	106471
improvements shall be limited by the apportionment.	106472

If the board of education currently imposes an income tax	106473
pursuant to this chapter that is due to expire and a question is	106474
submitted under this section for a proposed income tax to take	106475
effect upon the expiration of the existing tax, the board may	106476
specify in the resolution that the proposed tax renews the	106477
expiring tax. Two or more expiring income taxes may be renewed	106478
under this paragraph if the taxes are due to expire on the same	106479
date. If the tax rate being proposed is no higher than the total	106480
tax rate imposed by the expiring tax or taxes, the resolution may	106481
state that the proposed tax is not an additional income tax.	106482

(2) A board of education adopting a resolution under division	106483
(B)(1) of this section proposing a school district income tax for	106484
a continuing period of time and limited to the purpose of current	106485
expenses may propose in that resolution to reduce the rate or	106486
rates of one or more of the school district's property taxes	106487
levied for a continuing period of time in excess of the ten-mill	106488
limitation for the purpose of current expenses. The reduction in	106489
the rate of a property tax may be any amount, expressed in mills	106490
per one dollar in valuation, not exceeding the rate at which the	106491
tax is authorized to be levied. The reduction in the rate of a tax	106492
shall first take effect for the tax year that includes the day on	106493
which the school district income tax first takes effect, and shall	106494
continue for each tax year that both the school district income	106495
tax and the property tax levy are in effect.	106496

In addition to the matters required to be set forth in the	106497
resolution under division (B)(1) of this section, a resolution	106498
containing a proposal to reduce the rate of one or more property	106499
taxes shall state for each such tax the maximum rate at which it	106500
currently may be levied and the maximum rate at which the tax	106501
could be levied after the proposed reduction, expressed in mills	106502
per one dollar in valuation, and that the tax is levied for a	106503
continuing period of time.	106504

If a board of education proposes to reduce the rate of one or	106505
more property taxes under division (B)(2) of this section, the	106506
board, when it makes the certification required under division (A)	106507
of this section, shall designate the specific levy or levies to be	106508
reduced, the maximum rate at which each levy currently is	106509
authorized to be levied, and the rate by which each levy is	106510
proposed to be reduced. The tax commissioner, when making the	106511
certification to the board under division (A) of this section,	106512
also shall certify the reduction in the total effective tax rate	106513
for current expenses for each class of property that would have	106514
resulted if the proposed reduction in the rate or rates had been	106515
in effect the previous tax year. As used in this paragraph,	106516
"effective tax rate" has the same meaning as in section 323.08 of	106517
the Revised Code.	106518

(C) A resolution adopted under division (B) of this section	106519
shall go into immediate effect upon its passage, and no	106520
publication of the resolution shall be necessary other than that	106521
provided for in the notice of election. Immediately after its	106522
adoption and at least ninety days prior to the election at which	106523
the question will appear on the ballot, a copy of the resolution	106524
shall be certified to the board of elections of the proper county,	106525
which shall submit the proposal to the electors on the date	106526
specified in the resolution. The form of the ballot shall be as	106527
provided in section 5748.03 of the Revised Code. Publication of	106528
notice of the election shall be made in ~~one or more newspapers~~a	106529
newspaper of general circulation in the county once a week for two	106530
consecutive weeks, or as provided in section 7.16 of the Revised	106531
Code, prior to the election~~, and, if~~. If the board of elections	106532
operates and maintains a web site, the board of elections shall	106533
post notice of the election on its web site for thirty days prior	106534
to the election. The notice shall contain the time and place of	106535
the election and the question to be submitted to the electors. The	106536
question covered by the resolution shall be submitted as a	106537
separate proposition, but may be printed on the same ballot with	106538
any other proposition submitted at the same election, other than	106539
the election of officers.	106540

(D) No board of education shall submit the question of a tax	106541
on school district income to the electors of the district more	106542
than twice in any calendar year. If a board submits the question	106543
twice in any calendar year, one of the elections on the question	106544
shall be held on the date of the general election.	106545

(E)(1) No board of education may submit to the electors of	106546
the district the question of a tax on school district income on	106547
the taxable income of individuals as defined in division (E)(1)(b)	106548
of section 5748.01 of the Revised Code if that tax would be in	106549
addition to an existing tax on the taxable income of individuals	106550
and estates as defined in divisions (E)(1)(a) and (2) of that	106551
section.	106552

(2) No board of education may submit to the electors of the	106553
district the question of a tax on school district income on the	106554
taxable income of individuals and estates as defined in divisions	106555
(E)(1)(a) and (2) of section 5748.01 of the Revised Code if that	106556
tax would be in addition to an existing tax on the taxable income	106557
of individuals as defined in division (E)(1)(b) of that section.	106558

Sec. 5748.021. A board of education that levies a tax under	106559
section 5748.02 of the Revised Code on the school district income	106560
of individuals and estates as defined in divisions (G) and	106561
(E)(1)(a) and (2) of section 5748.01 of the Revised Code may	106562
declare, at any time, by a resolution adopted by a majority of its	106563
members, the necessity of raising annually a specified amount of	106564
money for school district purposes by replacing the existing tax	106565
with a tax on the school district income of individuals as defined	106566
in divisions (G)(1) and (E)(1)(b) of section 5748.01 of the	106567
Revised Code. The specified amount of money to be raised annually	106568
may be the same as, or more or less than, the amount of money	106569
raised annually by the existing tax.	106570

The board shall certify a copy of the resolution to the tax	106571
commissioner not later than the eighty-fifth day before the date	106572
of the election at which the board intends to propose the	106573
replacement to the electors of the school district. Not later than	106574
the tenth day after receiving the resolution, the tax commissioner	106575
shall estimate the tax rate that would be required in the school	106576
district annually to raise the amount of money specified in the	106577
resolution. The tax commissioner shall certify the estimate to the	106578
board.	106579

Upon receipt of the tax commissioner's estimate, the board	106580
may propose, by a resolution adopted by a majority of its members,	106581
to replace the existing tax on the school district income of	106582
individuals and estates as defined in divisions (G) and (E)(1)(a)	106583
and (2) of section 5748.01 of the Revised Code with the levy of an	106584
annual tax on the school district income of individuals as defined	106585
in divisions (G)(1) and (E)(1)(b) of section 5748.01 of the	106586
Revised Code. In the resolution, the board shall specify the rate	106587
of the replacement tax, whether the replacement tax is to be	106588
levied for a specified number of years or for a continuing time,	106589
the specific school district purposes for which the replacement	106590
tax is to be levied, the date on which the replacement tax will	106591
begin to be levied, the date of the election at which the question	106592
of the replacement is to be submitted to the electors of the	106593
school district, that the existing tax will cease to be levied and	106594
the replacement tax will begin to be levied if the replacement is	106595
approved by a majority of the electors voting on the replacement,	106596
and that if the replacement is not approved by a majority of the	106597
electors voting on the replacement the existing tax will remain in	106598
effect under its original authority for the remainder of its	106599
previously approved term. The resolution goes into immediate	106600
effect upon its adoption. Publication of the resolution is not	106601
necessary, and the information that will be provided in the notice	106602
of election is sufficient notice. At least seventy-five days	106603
before the date of the election at which the question of the	106604
replacement will be submitted to the electors of the school	106605
district, the board shall certify a copy of the resolution to the	106606
board of elections.	106607

The replacement tax shall have the same specific school	106608
district purposes as the existing tax, and its rate shall be the	106609
same as the tax commissioner's estimate rounded to the nearest	106610
one-fourth of one per cent. The replacement tax shall begin to be	106611
levied on the first day of January of the year following the year	106612
in which the question of the replacement is submitted to and	106613
approved by the electors of the school district or on the first	106614
day of January of a later year, as specified in the resolution.	106615
The date of the election shall be the date of an otherwise	106616
scheduled primary, general, or special election.	106617

The board of elections shall make arrangements to submit the	106618
question of the replacement to the electors of the school district	106619
on the date specified in the resolution. The board of elections	106620
shall publish notice of the election on the question of the	106621
replacement in one ~~or more newspapers~~newspaper of general	106622
circulation in the school district once a week for four	106623
consecutive weeks or as provided in section 7.16 of the Revised	106624
Code. The notice shall set forth the question to be submitted to	106625
the electors and the time and place of the election thereon.	106626

The question shall be submitted to the electors of the school	106627
district as a separate proposition, but may be printed on the same	106628
ballot with other propositions that are submitted at the same	106629
election, other than the election of officers. The form of the	106630
ballot shall be substantially as follows:	106631

"Shall the existing tax of ..... (state the rate) on the	106632
school district income of individuals and estates imposed by .....	106633
(state the name of the school district) be replaced by a tax of	106634
..... (state the rate) on the earned income of individuals	106635
residing in the school district for ..... (state the number of	106636
years the tax is to be in effect or that it will be in effect for	106637
a continuing time), beginning ..... (state the date the new tax	106638
will take effect), for the purpose of ..... (state the specific	106639
school district purposes of the tax)? If the new tax is not	106640
approved, the existing tax will remain in effect under its	106641
original authority, for the remainder of its previously approved	106642
term.	106643

		For replacing the existing tax with the new tax			106644
		Against replacing the existing tax with the new tax	"		106645

The board of elections shall conduct and canvass the election	106646
in the same manner as regular elections in the school district for	106647
the election of county officers. The board shall certify the	106648
results of the election to the board of education and to the tax	106649
commissioner. If a majority of the electors voting on the question	106650
vote in favor of the replacement, the existing tax shall cease to	106651
be levied, and the replacement tax shall begin to be levied, on	106652
the date specified in the ballot question. If a majority of the	106653
electors voting on the question vote against the replacement, the	106654
existing tax shall continue to be levied under its original	106655
authority, for the remainder of its previously approved term.	106656

A board of education may not submit the question of replacing	106657
a tax more than twice in a calendar year. If a board submits the	106658
question more than once, one of the elections at which the	106659
question is submitted shall be on the date of a general election.	106660

If a board of education later intends to renew a replacement	106661
tax levied under this section, it shall repeat the procedure	106662
outlined in this section to do so, the replacement tax then being	106663
levied being the "existing tax" and the renewed replacement tax	106664
being the "replacement tax."	106665

Sec. 5748.04. (A) The question of the repeal of a school	106666
district income tax levied for more than five years may be	106667
initiated not more than once in any five-year period by filing	106668
with the board of elections of the appropriate counties not later	106669
than ninety days before the general election in any year after the	106670
year in which it is approved by the electors a petition requesting	106671
that an election be held on the question. The petition shall be	106672
signed by qualified electors residing in the school district	106673
levying the income tax equal in number to ten per cent of those	106674
voting for governor at the most recent gubernatorial election.	106675

The board of elections shall determine whether the petition	106676
is valid, and if it so determines, it shall submit the question to	106677
the electors of the district at the next general election. The	106678
election shall be conducted, canvassed, and certified in the same	106679
manner as regular elections for county offices in the county.	106680
Notice of the election shall be published in a newspaper of	106681
general circulation in the district once a week for two	106682
consecutive weeks, or as provided in section 7.16 of the Revised	106683
Code, prior to the election~~, and, if~~. If the board of elections	106684
operates and maintains a web site, the board of elections shall	106685
post notice of the election on its web site for thirty days prior	106686
to the election. The notice shall state the purpose, time, and	106687
place of the election. The form of the ballot cast at the election	106688
shall be as follows:	106689

"Shall the annual income tax of ..... per cent, currently	106690
levied on the school district income of individuals and estates by	106691
.......... (state the name of the school district) for the purpose	106692
of .......... (state purpose of the tax), be repealed?	106693

106694

		For repeal of the income tax			106695
		Against repeal of the income tax	"		106696

106697

(B)(1) If the tax is imposed on taxable income as defined in	106698
division (E)(1)(b) of section 5748.01 of the Revised Code, the	106699
form of the ballot shall be modified by stating that the tax	106700
currently is levied on the "earned income of individuals residing	106701
in the school district" in lieu of the "school district income of	106702
individuals and estates."	106703

(2) If the rate of one or more property tax levies was	106704
reduced for the duration of the income tax levy pursuant to	106705
division (B)(2) of section 5748.02 of the Revised Code, the form	106706
of the ballot shall be modified by adding the following language	106707
immediately after "repealed": ", and shall the rate of an existing	106708
tax on property for the purpose of current expenses, which rate	106709
was reduced for the duration of the income tax, be INCREASED from	106710
..... mills to ..... mills per one dollar of valuation beginning	106711
in ..... (state the first year for which the rate of the property	106712
tax will increase)." In lieu of "for repeal of the income tax" and	106713
"against repeal of the income tax," the phrases "for the issue"	106714
and "against the issue," respectively, shall be substituted.	106715

(3) If the rate of more than one property tax was reduced for	106716
the duration of the income tax, the ballot language shall be	106717
modified accordingly to express the rates at which those taxes	106718
currently are levied and the rates to which the taxes would be	106719
increased.	106720

(C) The question covered by the petition shall be submitted	106721
as a separate proposition, but it may be printed on the same	106722
ballot with any other proposition submitted at the same election	106723
other than the election of officers. If a majority of the	106724
qualified electors voting on the question vote in favor of it, the	106725
result shall be certified immediately after the canvass by the	106726
board of elections to the board of education of the school	106727
district and the tax commissioner, who shall thereupon, after the	106728
current year, cease to levy the tax, except that if notes have	106729
been issued pursuant to section 5748.05 of the Revised Code the	106730
tax commissioner shall continue to levy and collect under	106731
authority of the election authorizing the levy an annual amount,	106732
rounded upward to the nearest one-fourth of one per cent, as will	106733
be sufficient to pay the debt charges on the notes as they fall	106734
due.	106735

(D) If a school district income tax repealed pursuant to this	106736
section was approved in conjunction with a reduction in the rate	106737
of one or more school district property taxes as provided in	106738
division (B)(2) of section 5748.02 of the Revised Code, then each	106739
such property tax may be levied after the current year at the rate	106740
at which it could be levied prior to the reduction, subject to any	106741
adjustments required by the county budget commission pursuant to	106742
Chapter 5705. of the Revised Code. Upon the repeal of a school	106743
district income tax under this section, the board of education may	106744
resume levying a property tax, the rate of which has been reduced	106745
pursuant to a question approved under section 5748.02 of the	106746
Revised Code, at the rate the board originally was authorized to	106747
levy the tax. A reduction in the rate of a property tax under	106748
section 5748.02 of the Revised Code is a reduction in the rate at	106749
which a board of education may levy that tax only for the period	106750
during which a school district income tax is levied prior to any	106751
repeal pursuant to this section. The resumption of the authority	106752
to levy the tax upon such a repeal does not constitute a tax	106753
levied in excess of the one per cent limitation prescribed by	106754
Section 2 of Article XII, Ohio Constitution, or in excess of the	106755
ten-mill limitation.	106756

(E) This section does not apply to school district income tax	106757
levies that are levied for five or fewer years.	106758

Sec. 5748.08. (A) The board of education of a city, local,	106759
or exempted village school district, at any time by a vote of	106760
two-thirds of all its members, may declare by resolution that it	106761
may be necessary for the school district to do all of the	106762
following:	106763

(1) Raise a specified amount of money for school district	106764
purposes by levying an annual tax on school district income;	106765

(2) Issue general obligation bonds for permanent	106766
improvements, stating in the resolution the necessity and purpose	106767
of the bond issue and the amount, approximate date, estimated rate	106768
of interest, and maximum number of years over which the principal	106769
of the bonds may be paid;	106770

(3) Levy a tax outside the ten-mill limitation to pay debt	106771
charges on the bonds and any anticipatory securities;	106772

(4) Submit the question of the school district income tax and	106773
bond issue to the electors of the district at a special election.	106774

The resolution shall specify whether the income that is to be	106775
subject to the tax is taxable income of individuals and estates as	106776
defined in divisions (E)(1)(a) and (2) of section 5748.01 of the	106777
Revised Code or taxable income of individuals as defined in	106778
division (E)(1)(b) of that section.	106779

On adoption of the resolution, the board shall certify a copy	106780
of it to the tax commissioner and the county auditor no later than	106781
one hundred five days prior to the date of the special election at	106782
which the board intends to propose the income tax and bond issue.	106783
Not later than ten days of receipt of the resolution, the tax	106784
commissioner, in the same manner as required by division (A) of	106785
section 5748.02 of the Revised Code, shall estimate the rates	106786
designated in divisions (A)(1) and (2) of that section and certify	106787
them to the board. Not later than ten days of receipt of the	106788
resolution, the county auditor shall estimate and certify to the	106789
board the average annual property tax rate required throughout the	106790
stated maturity of the bonds to pay debt charges on the bonds, in	106791
the same manner as under division (C) of section 133.18 of the	106792
Revised Code.	106793

(B) On receipt of the tax commissioner's and county auditor's	106794
certifications prepared under division (A) of this section, the	106795
board of education of the city, local, or exempted village school	106796
district, by a vote of two-thirds of all its members, may adopt a	106797
resolution proposing for a specified number of years or for a	106798
continuing period of time the levy of an annual tax for school	106799
district purposes on school district income and declaring that the	106800
amount of taxes that can be raised within the ten-mill limitation	106801
will be insufficient to provide an adequate amount for the present	106802
and future requirements of the school district; that it is	106803
necessary to issue general obligation bonds of the school district	106804
for specified permanent improvements and to levy an additional tax	106805
in excess of the ten-mill limitation to pay the debt charges on	106806
the bonds and any anticipatory securities; and that the question	106807
of the bonds and taxes shall be submitted to the electors of the	106808
school district at a special election, which shall not be earlier	106809
than ninety days after certification of the resolution to the	106810
board of elections, and the date of which shall be consistent with	106811
section 3501.01 of the Revised Code. The resolution shall specify	106812
all of the following:	106813

(1) The purpose for which the school district income tax is	106814
to be imposed and the rate of the tax, which shall be the rate set	106815
forth in the tax commissioner's certification rounded to the	106816
nearest one-fourth of one per cent;	106817

(2) Whether the income that is to be subject to the tax is	106818
taxable income of individuals and estates as defined in divisions	106819
(E)(1)(a) and (2) of section 5748.01 of the Revised Code or	106820
taxable income of individuals as defined in division (E)(1)(b) of	106821
that section. The specification shall be the same as the	106822
specification in the resolution adopted and certified under	106823
division (A) of this section.	106824

(3) The number of years the tax will be levied, or that it	106825
will be levied for a continuing period of time;	106826

(4) The date on which the tax shall take effect, which shall	106827
be the first day of January of any year following the year in	106828
which the question is submitted;	106829

(5) The county auditor's estimate of the average annual	106830
property tax rate required throughout the stated maturity of the	106831
bonds to pay debt charges on the bonds.	106832

(C) A resolution adopted under division (B) of this section	106833
shall go into immediate effect upon its passage, and no	106834
publication of the resolution shall be necessary other than that	106835
provided for in the notice of election. Immediately after its	106836
adoption and at least ninety days prior to the election at which	106837
the question will appear on the ballot, the board of education	106838
shall certify a copy of the resolution, along with copies of the	106839
auditor's estimate and its resolution under division (A) of this	106840
section, to the board of elections of the proper county. The board	106841
of education shall make the arrangements for the submission of the	106842
question to the electors of the school district, and the election	106843
shall be conducted, canvassed, and certified in the same manner as	106844
regular elections in the district for the election of county	106845
officers.	106846

The resolution shall be put before the electors as one ballot	106847
question, with a majority vote indicating approval of the school	106848
district income tax, the bond issue, and the levy to pay debt	106849
charges on the bonds and any anticipatory securities. The board of	106850
elections shall publish the notice of the election in ~~one or more~~	106851
~~newspapers~~a newspaper of general circulation in the school	106852
district once a week for two consecutive weeks, or as provided in	106853
section 7.16 of the Revised Code, prior to the election ~~and, if~~.	106854
If the board of elections operates and maintains a web site, it	106855
also shall post notice of the election on its web site for thirty	106856
days prior to the election. The notice of election shall state all	106857
of the following:	106858

(1) The questions to be submitted to the electors;

106859

(2) The rate of the school district income tax;

106860

(3) The principal amount of the proposed bond issue;

106861

(4) The permanent improvements for which the bonds are to be	106862
issued;	106863

(5) The maximum number of years over which the principal of	106864
the bonds may be paid;	106865

(6) The estimated additional average annual property tax rate	106866
to pay the debt charges on the bonds, as certified by the county	106867
auditor;	106868

(7) The time and place of the special election.

106869

(D) The form of the ballot on a question submitted to the	106870
electors under this section shall be as follows:	106871

"Shall the ........ school district be authorized to do both	106872
of the following:	106873

(1) Impose an annual income tax of ...... (state the proposed	106874
rate of tax) on the school district income of individuals and of	106875
estates, for ........ (state the number of years the tax would be	106876
levied, or that it would be levied for a continuing period of	106877
time), beginning ........ (state the date the tax would first take	106878
effect), for the purpose of ........ (state the purpose of the	106879
tax)?	106880

(2) Issue bonds for the purpose of ....... in the principal	106881
amount of $......, to be repaid annually over a maximum period of	106882
....... years, and levy a property tax outside the ten-mill	106883
limitation estimated by the county auditor to average over the	106884
bond repayment period ....... mills for each one dollar of tax	106885
valuation, which amounts to ....... (rate expressed in cents or	106886
dollars and cents, such as "36 cents" or "$1.41") for each $100 of	106887
tax valuation, to pay the annual debt charges on the bonds, and to	106888
pay debt charges on any notes issued in anticipation of those	106889
bonds?	106890

106891

		FOR THE INCOME TAX AND BOND ISSUE			106892
		AGAINST THE INCOME TAX AND BOND ISSUE	"		106893

106894

(E) If the question submitted to electors proposes a school	106895
district income tax only on the taxable income of individuals as	106896
defined in division (E)(1)(b) of section 5748.01 of the Revised	106897
Code, the form of the ballot shall be modified by stating that the	106898
tax is to be levied on the "earned income of individuals residing	106899
in the school district" in lieu of the "school district income of	106900
individuals and of estates."	106901

(F) The board of elections promptly shall certify the results	106902
of the election to the tax commissioner and the county auditor of	106903
the county in which the school district is located. If a majority	106904
of the electors voting on the question vote in favor of it, the	106905
income tax and the applicable provisions of Chapter 5747. of the	106906
Revised Code shall take effect on the date specified in the	106907
resolution, and the board of education may proceed with issuance	106908
of the bonds and with the levy and collection of the property	106909
taxes to pay debt charges on the bonds, at the additional rate or	106910
any lesser rate in excess of the ten-mill limitation. Any	106911
securities issued by the board of education under this section are	106912
Chapter 133. securities, as that term is defined in section 133.01	106913
of the Revised Code.	106914

(G) After approval of a question under this section, the	106915
board of education may anticipate a fraction of the proceeds of	106916
the school district income tax in accordance with section 5748.05	106917
of the Revised Code. Any anticipation notes under this division	106918
shall be issued as provided in section 133.24 of the Revised Code,	106919
shall have principal payments during each year after the year of	106920
their issuance over a period not to exceed five years, and may	106921
have a principal payment in the year of their issuance.	106922

(H) The question of repeal of a school district income tax	106923
levied for more than five years may be initiated and submitted in	106924
accordance with section 5748.04 of the Revised Code.	106925

(I) No board of education shall submit a question under this	106926
section to the electors of the school district more than twice in	106927
any calendar year. If a board submits the question twice in any	106928
calendar year, one of the elections on the question shall be held	106929
on the date of the general election.	106930

Sec. 5751.01. As used in this chapter:

106931

(A) "Person" means, but is not limited to, individuals,	106932
combinations of individuals of any form, receivers, assignees,	106933
trustees in bankruptcy, firms, companies, joint-stock companies,	106934
business trusts, estates, partnerships, limited liability	106935
partnerships, limited liability companies, associations, joint	106936
ventures, clubs, societies, for-profit corporations, S	106937
corporations, qualified subchapter S subsidiaries, qualified	106938
subchapter S trusts, trusts, entities that are disregarded for	106939
federal income tax purposes, and any other entities.	106940

(B) "Consolidated elected taxpayer" means a group of two or	106941
more persons treated as a single taxpayer for purposes of this	106942
chapter as the result of an election made under section 5751.011	106943
of the Revised Code.	106944

(C) "Combined taxpayer" means a group of two or more persons	106945
treated as a single taxpayer for purposes of this chapter under	106946
section 5751.012 of the Revised Code.	106947

(D) "Taxpayer" means any person, or any group of persons in	106948
the case of a consolidated elected taxpayer or combined taxpayer	106949
treated as one taxpayer, required to register or pay tax under	106950
this chapter. "Taxpayer" does not include excluded persons.	106951

(E) "Excluded person" means any of the following:

106952

(1) Any person with not more than one hundred fifty thousand	106953
dollars of taxable gross receipts during the calendar year.	106954
Division (E)(1) of this section does not apply to a person that is	106955
a member of a consolidated elected taxpayer;	106956

(2) A public utility that paid the excise tax imposed by	106957
section 5727.24 or 5727.30 of the Revised Code based on one or	106958
more measurement periods that include the entire tax period under	106959
this chapter, except that a public utility that is a combined	106960
company is a taxpayer with regard to the following gross receipts:	106961

(a) Taxable gross receipts directly attributed to a public	106962
utility activity, but not directly attributed to an activity that	106963
is subject to the excise tax imposed by section 5727.24 or 5727.30	106964
of the Revised Code;	106965

(b) Taxable gross receipts that cannot be directly attributed	106966
to any activity, multiplied by a fraction whose numerator is the	106967
taxable gross receipts described in division (E)(2)(a) of this	106968
section and whose denominator is the total taxable gross receipts	106969
that can be directly attributed to any activity;	106970

(c) Except for any differences resulting from the use of an	106971
accrual basis method of accounting for purposes of determining	106972
gross receipts under this chapter and the use of the cash basis	106973
method of accounting for purposes of determining gross receipts	106974
under section 5727.24 of the Revised Code, the gross receipts	106975
directly attributed to the activity of a natural gas company shall	106976
be determined in a manner consistent with division (D) of section	106977
5727.03 of the Revised Code.	106978

As used in division (E)(2) of this section, "combined	106979
company" and "public utility" have the same meanings as in section	106980
5727.01 of the Revised Code.	106981

(3) A financial institution, as defined in section 5725.01 of	106982
the Revised Code, that paid the corporation franchise tax charged	106983
by division (D) of section 5733.06 of the Revised Code based on	106984
one or more taxable years that include the entire tax period under	106985
this chapter;	106986

(4) A dealer in intangibles, as defined in section 5725.01 of	106987
the Revised Code, that paid the dealer in intangibles tax levied	106988
by division (D) of section 5707.03 of the Revised Code based on	106989
one or more measurement periods that include the entire tax period	106990
under this chapter;	106991

(5) A financial holding company as defined in the "Bank	106992
Holding Company Act," 12 U.S.C. 1841(p);	106993

(6) A bank holding company as defined in the "Bank Holding	106994
Company Act," 12 U.S.C. 1841(a);	106995

(7) A savings and loan holding company as defined in the	106996
"Home Owners Loan Act," 12 U.S.C. 1467a(a)(1)(D) that is engaging	106997
only in activities or investments permissible for a financial	106998
holding company under 12 U.S.C. 1843(k);	106999

(8) A person directly or indirectly owned by one or more	107000
financial institutions, financial holding companies, bank holding	107001
companies, or savings and loan holding companies described in	107002
division (E)(3), (5), (6), or (7) of this section that is engaged	107003
in activities permissible for a financial holding company under 12	107004
U.S.C. 1843(k), except that any such person held pursuant to	107005
merchant banking authority under 12 U.S.C. 1843(k)(4)(H) or 12	107006
U.S.C. 1843(k)(4)(I) is not an excluded person, or a person	107007
directly or indirectly owned by one or more insurance companies	107008
described in division (E)(9) of this section that is authorized to	107009
do the business of insurance in this state.	107010

For the purposes of division (E)(8) of this section, a person	107011
owns another person under the following circumstances:	107012

(a) In the case of corporations issuing capital stock, one	107013
corporation owns another corporation if it owns fifty per cent or	107014
more of the other corporation's capital stock with current voting	107015
rights;	107016

(b) In the case of a limited liability company, one person	107017
owns the company if that person's membership interest, as defined	107018
in section 1705.01 of the Revised Code, is fifty per cent or more	107019
of the combined membership interests of all persons owning such	107020
interests in the company;	107021

(c) In the case of a partnership, trust, or other	107022
unincorporated business organization other than a limited	107023
liability company, one person owns the organization if, under the	107024
articles of organization or other instrument governing the affairs	107025
of the organization, that person has a beneficial interest in the	107026
organization's profits, surpluses, losses, or distributions of	107027
fifty per cent or more of the combined beneficial interests of all	107028
persons having such an interest in the organization;	107029

(d) In the case of multiple ownership, the ownership	107030
interests of more than one person may be aggregated to meet the	107031
fifty per cent ownership tests in this division only when each	107032
such owner is described in division (E)(3), (5), (6), or (7) of	107033
this section and is engaged in activities permissible for a	107034
financial holding company under 12 U.S.C. 1843(k) or is a person	107035
directly or indirectly owned by one or more insurance companies	107036
described in division (E)(9) of this section that is authorized to	107037
do the business of insurance in this state.	107038

(9) A domestic insurance company or foreign insurance	107039
company, as defined in section 5725.01 of the Revised Code, that	107040
paid the insurance company premiums tax imposed by section 5725.18	107041
or Chapter 5729. of the Revised Code based on one or more	107042
measurement periods that include the entire tax period under this	107043
chapter;	107044

(10) A person that solely facilitates or services one or more	107045
securitizations or similar transactions for any person described	107046
in division (E)(3), (5), (6), (7), (8), or (9) of this section.	107047
For purposes of this division, "securitization" means transferring	107048
one or more assets to one or more persons and then issuing	107049
securities backed by the right to receive payment from the asset	107050
or assets so transferred.	107051

(11) Except as otherwise provided in this division, a	107052
pre-income tax trust as defined in division (FF)(4) of section	107053
5747.01 of the Revised Code and any pass-through entity of which	107054
such pre-income tax trust owns or controls, directly, indirectly,	107055
or constructively through related interests, more than five per	107056
cent of the ownership or equity interests. If the pre-income tax	107057
trust has made a qualifying pre-income tax trust election under	107058
division (FF)(3) of section 5747.01 of the Revised Code, then the	107059
trust and the pass-through entities of which it owns or controls,	107060
directly, indirectly, or constructively through related interests,	107061
more than five per cent of the ownership or equity interests,	107062
shall not be excluded persons for purposes of the tax imposed	107063
under section 5751.02 of the Revised Code.	107064

(12) Nonprofit organizations or the state and its agencies,	107065
instrumentalities, or political subdivisions.	107066

(F) Except as otherwise provided in divisions (F)(2), (3),	107067
and (4) of this section, "gross receipts" means the total amount	107068
realized by a person, without deduction for the cost of goods sold	107069
or other expenses incurred, that contributes to the production of	107070
gross income of the person, including the fair market value of any	107071
property and any services received, and any debt transferred or	107072
forgiven as consideration. In the case of a person that is a	107073
casino operator of casino facilities, as those terms are defined	107074
in section 3772.01 of the Revised Code, "gross receipts" for the	107075
purposes of this chapter only shall be determined without	107076
deduction for any winnings paid to wagerers.	107077

(1) The following are examples of gross receipts:

107078

(a) Amounts realized from the sale, exchange, or other	107079
disposition of the taxpayer's property to or with another;	107080

(b) Amounts realized from the taxpayer's performance of	107081
services for another;	107082

(c) Amounts realized from another's use or possession of the	107083
taxpayer's property or capital;	107084

(d) Any combination of the foregoing amounts.

107085

(2) "Gross receipts" excludes the following amounts:

107086

(a) Interest income except interest on credit sales;

107087

(b) Dividends and distributions from corporations, and	107088
distributive or proportionate shares of receipts and income from a	107089
pass-through entity as defined under section 5733.04 of the	107090
Revised Code;	107091

(c) Receipts from the sale, exchange, or other disposition of	107092
an asset described in section 1221 or 1231 of the Internal Revenue	107093
Code, without regard to the length of time the person held the	107094
asset. Notwithstanding section 1221 of the Internal Revenue Code,	107095
receipts from hedging transactions also are excluded to the extent	107096
the transactions are entered into primarily to protect a financial	107097
position, such as managing the risk of exposure to (i) foreign	107098
currency fluctuations that affect assets, liabilities, profits,	107099
losses, equity, or investments in foreign operations; (ii)	107100
interest rate fluctuations; or (iii) commodity price fluctuations.	107101
As used in division (F)(2)(c) of this section, "hedging	107102
transaction" has the same meaning as used in section 1221 of the	107103
Internal Revenue Code and also includes transactions accorded	107104
hedge accounting treatment under statement of financial accounting	107105
standards number 133 of the financial accounting standards board.	107106
For the purposes of division (F)(2)(c) of this section, the actual	107107
transfer of title of real or tangible personal property to another	107108
entity is not a hedging transaction.	107109

(d) Proceeds received attributable to the repayment,	107110
maturity, or redemption of the principal of a loan, bond, mutual	107111
fund, certificate of deposit, or marketable instrument;	107112

(e) The principal amount received under a repurchase	107113
agreement or on account of any transaction properly characterized	107114
as a loan to the person;	107115

(f) Contributions received by a trust, plan, or other	107116
arrangement, any of which is described in section 501(a) of the	107117
Internal Revenue Code, or to which Title 26, Subtitle A, Chapter	107118
1, Subchapter (D) of the Internal Revenue Code applies;	107119

(g) Compensation, whether current or deferred, and whether in	107120
cash or in kind, received or to be received by an employee, former	107121
employee, or the employee's legal successor for services rendered	107122
to or for an employer, including reimbursements received by or for	107123
an individual for medical or education expenses, health insurance	107124
premiums, or employee expenses, or on account of a dependent care	107125
spending account, legal services plan, any cafeteria plan	107126
described in section 125 of the Internal Revenue Code, or any	107127
similar employee reimbursement;	107128

(h) Proceeds received from the issuance of the taxpayer's own	107129
stock, options, warrants, puts, or calls, or from the sale of the	107130
taxpayer's treasury stock;	107131

(i) Proceeds received on the account of payments from	107132
insurance policies, except those proceeds received for the loss of	107133
business revenue;	107134

(j) Gifts or charitable contributions received; membership	107135
dues received by trade, professional, homeowners', or condominium	107136
associations; and payments received for educational courses,	107137
meetings, meals, or similar payments to a trade, professional, or	107138
other similar association; and fundraising receipts received by	107139
any person when any excess receipts are donated or used	107140
exclusively for charitable purposes;	107141

(k) Damages received as the result of litigation in excess of	107142
amounts that, if received without litigation, would be gross	107143
receipts;	107144

(l) Property, money, and other amounts received or acquired	107145
by an agent on behalf of another in excess of the agent's	107146
commission, fee, or other remuneration;	107147

(m) Tax refunds, other tax benefit recoveries, and	107148
reimbursements for the tax imposed under this chapter made by	107149
entities that are part of the same combined taxpayer or	107150
consolidated elected taxpayer group, and reimbursements made by	107151
entities that are not members of a combined taxpayer or	107152
consolidated elected taxpayer group that are required to be made	107153
for economic parity among multiple owners of an entity whose tax	107154
obligation under this chapter is required to be reported and paid	107155
entirely by one owner, pursuant to the requirements of sections	107156
5751.011 and 5751.012 of the Revised Code;	107157

(n) Pension reversions;

107158

(o) Contributions to capital;

107159

(p) Sales or use taxes collected as a vendor or an	107160
out-of-state seller on behalf of the taxing jurisdiction from a	107161
consumer or other taxes the taxpayer is required by law to collect	107162
directly from a purchaser and remit to a local, state, or federal	107163
tax authority;	107164

(q) In the case of receipts from the sale of cigarettes or	107165
tobacco products by a wholesale dealer, retail dealer,	107166
distributor, manufacturer, or seller, all as defined in section	107167
5743.01 of the Revised Code, an amount equal to the federal and	107168
state excise taxes paid by any person on or for such cigarettes or	107169
tobacco products under subtitle E of the Internal Revenue Code or	107170
Chapter 5743. of the Revised Code;	107171

(r) In the case of receipts from the sale of motor fuel by a	107172
licensed motor fuel dealer, licensed retail dealer, or licensed	107173
permissive motor fuel dealer, all as defined in section 5735.01 of	107174
the Revised Code, an amount equal to federal and state excise	107175
taxes paid by any person on such motor fuel under section 4081 of	107176
the Internal Revenue Code or Chapter 5735. of the Revised Code;	107177

(s) In the case of receipts from the sale of beer or	107178
intoxicating liquor, as defined in section 4301.01 of the Revised	107179
Code, by a person holding a permit issued under Chapter 4301. or	107180
4303. of the Revised Code, an amount equal to federal and state	107181
excise taxes paid by any person on or for such beer or	107182
intoxicating liquor under subtitle E of the Internal Revenue Code	107183
or Chapter 4301. or 4305. of the Revised Code;	107184

(t) Receipts realized by a new motor vehicle dealer or used	107185
motor vehicle dealer, as defined in section 4517.01 of the Revised	107186
Code, from the sale or other transfer of a motor vehicle, as	107187
defined in that section, to another motor vehicle dealer for the	107188
purpose of resale by the transferee motor vehicle dealer, but only	107189
if the sale or other transfer was based upon the transferee's need	107190
to meet a specific customer's preference for a motor vehicle;	107191

(u) Receipts from a financial institution described in	107192
division (E)(3) of this section for services provided to the	107193
financial institution in connection with the issuance, processing,	107194
servicing, and management of loans or credit accounts, if such	107195
financial institution and the recipient of such receipts have at	107196
least fifty per cent of their ownership interests owned or	107197
controlled, directly or constructively through related interests,	107198
by common owners;	107199

(v) Receipts realized from administering anti-neoplastic	107200
drugs and other cancer chemotherapy, biologicals, therapeutic	107201
agents, and supportive drugs in a physician's office to patients	107202
with cancer;	107203

(w) Funds received or used by a mortgage broker that is not a	107204
dealer in intangibles, other than fees or other consideration,	107205
pursuant to a table-funding mortgage loan or warehouse-lending	107206
mortgage loan. Terms used in division (F)(2)(w) of this section	107207
have the same meanings as in section 1322.01 of the Revised Code,	107208
except "mortgage broker" means a person assisting a buyer in	107209
obtaining a mortgage loan for a fee or other consideration paid by	107210
the buyer or a lender, or a person engaged in table-funding or	107211
warehouse-lending mortgage loans that are first lien mortgage	107212
loans.	107213

(x) Property, money, and other amounts received by a	107214
professional employer organization, as defined in section 4125.01	107215
of the Revised Code, from a client employer, as defined in that	107216
section, in excess of the administrative fee charged by the	107217
professional employer organization to the client employer;	107218

(y) In the case of amounts retained as commissions by a	107219
permit holder under Chapter 3769. of the Revised Code, an amount	107220
equal to the amounts specified under that chapter that must be	107221
paid to or collected by the tax commissioner as a tax and the	107222
amounts specified under that chapter to be used as purse money;	107223

(z) Qualifying distribution center receipts.

107224

(i) For purposes of division (F)(2)(z) of this section:

107225

(I) "Qualifying distribution center receipts" means receipts	107226
of a supplier from qualified property that is delivered to a	107227
qualified distribution center, multiplied by a quantity that	107228
equals one minus the Ohio delivery percentage.	107229

(II) "Qualified property" means tangible personal property	107230
delivered to a qualified distribution center that is shipped to	107231
that qualified distribution center solely for further shipping by	107232
the qualified distribution center to another location in this	107233
state or elsewhere. "Further shipping" includes storing and	107234
repackaging such property into smaller or larger bundles, so long	107235
as such property is not subject to further manufacturing or	107236
processing.	107237

(III) "Qualified distribution center" means a warehouse or	107238
other similar facility in this state that, for the qualifying	107239
year, is operated by a person that is not part of a combined	107240
taxpayer group and that has a qualifying certificate. However, all	107241
warehouses or other similar facilities that are operated by	107242
persons in the same taxpayer group and that are located within one	107243
mile of each other shall be treated as one qualified distribution	107244
center.	107245

(IV) "Qualifying year" means the calendar year to which the	107246
qualifying certificate applies.	107247

(V) "Qualifying period" means the period of the first day of	107248
July of the second year preceding the qualifying year through the	107249
thirtieth day of June of the year preceding the qualifying year.	107250

(VI) "Qualifying certificate" means the certificate issued by	107251
the tax commissioner after the operator of a distribution center	107252
files an annual application with the commissioner. The application	107253
and annual fee shall be filed and paid for each qualified	107254
distribution center on or before the first day of September before	107255
the qualifying year or within forty-five days after the	107256
distribution center opens, whichever is later.	107257

The applicant must substantiate to the commissioner's	107258
satisfaction that, for the qualifying period, all persons	107259
operating the distribution center have more than fifty per cent of	107260
the cost of the qualified property shipped to a location such that	107261
it would be sitused outside this state under the provisions of	107262
division (E) of section 5751.033 of the Revised Code. The	107263
applicant must also substantiate that the distribution center	107264
cumulatively had costs from its suppliers equal to or exceeding	107265
five hundred million dollars during the qualifying period. (For	107266
purposes of division (F)(2)(z)(i)(VI) of this section, "supplier"	107267
excludes any person that is part of the consolidated elected	107268
taxpayer group, if applicable, of the operator of the qualified	107269
distribution center.) The commissioner may require the applicant	107270
to have an independent certified public accountant certify that	107271
the calculation of the minimum thresholds required for a qualified	107272
distribution center by the operator of a distribution center has	107273
been made in accordance with generally accepted accounting	107274
principles. The commissioner shall issue or deny the issuance of a	107275
certificate within sixty days after the receipt of the	107276
application. A denial is subject to appeal under section 5717.02	107277
of the Revised Code. If the operator files a timely appeal under	107278
section 5717.02 of the Revised Code, the operator shall be granted	107279
a qualifying certificate, provided that the operator is liable for	107280
any tax, interest, or penalty upon amounts claimed as qualifying	107281
distribution center receipts, other than those receipts exempt	107282
under division (C)(1) of section 5751.011 of the Revised Code,	107283
that would have otherwise not been owed by its suppliers if the	107284
qualifying certificate was valid.	107285

(VII) "Ohio delivery percentage" means the proportion of the	107286
total property delivered to a destination inside Ohio from the	107287
qualified distribution center during the qualifying period	107288
compared with total deliveries from such distribution center	107289
everywhere during the qualifying period.	107290

(ii) If the distribution center is new and was not open for	107291
the entire qualifying period, the operator of the distribution	107292
center may request that the commissioner grant a qualifying	107293
certificate. If the certificate is granted and it is later	107294
determined that more than fifty per cent of the qualified property	107295
during that year was not shipped to a location such that it would	107296
be sitused outside of this state under the provisions of division	107297
(E) of section 5751.033 of the Revised Code or if it is later	107298
determined that the person that operates the distribution center	107299
had average monthly costs from its suppliers of less than forty	107300
million dollars during that year, then the operator of the	107301
distribution center shall be liable for any tax, interest, or	107302
penalty upon amounts claimed as qualifying distribution center	107303
receipts, other than those receipts exempt under division (C)(1)	107304
of section 5751.011 of the Revised Code, that would have not	107305
otherwise been owed by its suppliers during the qualifying year if	107306
the qualifying certificate was valid. (For purposes of division	107307
(F)(2)(z)(ii) of this section, "supplier" excludes any person that	107308
is part of the consolidated elected taxpayer group, if applicable,	107309
of the operator of the qualified distribution center.)	107310

(iii) When filing an application for a qualifying certificate	107311
under division (F)(2)(z)(i)(VI) of this section, the operator of a	107312
qualified distribution center also shall provide documentation, as	107313
the commissioner requires, for the commissioner to ascertain the	107314
Ohio delivery percentage. The commissioner, upon issuing the	107315
qualifying certificate, also shall certify the Ohio delivery	107316
percentage. The operator of the qualified distribution center may	107317
appeal the commissioner's certification of the Ohio delivery	107318
percentage in the same manner as an appeal is taken from the	107319
denial of a qualifying certificate under division (F)(2)(z)(i)(VI)	107320
of this section.	107321

Within thirty days after all appeals have been exhausted, the	107322
operator of the qualified distribution center shall notify the	107323
affected suppliers of qualified property that such suppliers are	107324
required to file, within sixty days after receiving notice from	107325
the operator of the qualified distribution center, amended reports	107326
for the impacted calendar quarter or quarters or calendar year,	107327
whichever the case may be. Any additional tax liability or tax	107328
overpayment shall be subject to interest but shall not be subject	107329
to the imposition of any penalty so long as the amended returns	107330
are timely filed. The supplier of tangible personal property	107331
delivered to the qualified distribution center shall include in	107332
its report of taxable gross receipts the receipts from the total	107333
sales of property delivered to the qualified distribution center	107334
for the calendar quarter or calendar year, whichever the case may	107335
be, multiplied by the Ohio delivery percentage for the qualifying	107336
year. Nothing in division (F)(2)(z)(iii) of this section shall be	107337
construed as imposing liability on the operator of a qualified	107338
distribution center for the tax imposed by this chapter arising	107339
from any change to the Ohio delivery percentage.	107340

(iv) In the case where the distribution center is new and not	107341
open for the entire qualifying period, the operator shall make a	107342
good faith estimate of an Ohio delivery percentage for use by	107343
suppliers in their reports of taxable gross receipts for the	107344
remainder of the qualifying period. The operator of the facility	107345
shall disclose to the suppliers that such Ohio delivery percentage	107346
is an estimate and is subject to recalculation. By the due date of	107347
the next application for a qualifying certificate, the operator	107348
shall determine the actual Ohio delivery percentage for the	107349
estimated qualifying period and proceed as provided in division	107350
(F)(2)(z)(iii) of this section with respect to the calculation and	107351
recalculation of the Ohio delivery percentage. The supplier is	107352
required to file, within sixty days after receiving notice from	107353
the operator of the qualified distribution center, amended reports	107354
for the impacted calendar quarter or quarters or calendar year,	107355
whichever the case may be. Any additional tax liability or tax	107356
overpayment shall be subject to interest but shall not be subject	107357
to the imposition of any penalty so long as the amended returns	107358
are timely filed.	107359

(v) Qualifying certificates and Ohio delivery percentages	107360
issued by the commissioner shall be open to public inspection and	107361
shall be timely published by the commissioner. A supplier relying	107362
in good faith on a certificate issued under this division shall	107363
not be subject to tax on the qualifying distribution center	107364
receipts under division (F)(2)(z) of this section. A person	107365
receiving a qualifying certificate is responsible for paying the	107366
tax, interest, and penalty upon amounts claimed as qualifying	107367
distribution center receipts that would not otherwise have been	107368
owed by the supplier if the qualifying certificate were available	107369
when it is later determined that the qualifying certificate should	107370
not have been issued because the statutory requirements were in	107371
fact not met.	107372

(vi) The annual fee for a qualifying certificate shall be one	107373
hundred thousand dollars for each qualified distribution center.	107374
If a qualifying certificate is not issued, the annual fee is	107375
subject to refund after the exhaustion of all appeals provided for	107376
in division (F)(2)(z)(i)(VI) of this section. The fee imposed	107377
under this division may be assessed in the same manner as the tax	107378
imposed under this chapter. The first one hundred thousand dollars	107379
of the annual application fees collected each calendar year shall	107380
be credited to the commercial activity tax administrative fund.	107381
The remainder of the annual application fees collected shall be	107382
distributed in the same manner required under section 5751.20 of	107383
the Revised Code.	107384

(vii) The tax commissioner may require that adequate security	107385
be posted by the operator of the distribution center on appeal	107386
when the commissioner disagrees that the applicant has met the	107387
minimum thresholds for a qualified distribution center as set	107388
forth in divisions (F)(2)(z)(i)(VI) and (F)(2)(z)(ii) of this	107389
section.	107390

(aa) Receipts of an employer from payroll deductions relating	107391
to the reimbursement of the employer for advancing moneys to an	107392
unrelated third party on an employee's behalf;	107393

(bb) Cash discounts allowed and taken;

107394

(cc) Returns and allowances;

107395

(dd) Bad debts from receipts on the basis of which the tax	107396
imposed by this chapter was paid in a prior quarterly tax payment	107397
period. For the purpose of this division, "bad debts" means any	107398
debts that have become worthless or uncollectible between the	107399
preceding and current quarterly tax payment periods, have been	107400
uncollected for at least six months, and that may be claimed as a	107401
deduction under section 166 of the Internal Revenue Code and the	107402
regulations adopted under that section, or that could be claimed	107403
as such if the taxpayer kept its accounts on the accrual basis.	107404
"Bad debts" does not include repossessed property, uncollectible	107405
amounts on property that remains in the possession of the taxpayer	107406
until the full purchase price is paid, or expenses in attempting	107407
to collect any account receivable or for any portion of the debt	107408
recovered;	107409

(ee) Any amount realized from the sale of an account	107410
receivable to the extent the receipts from the underlying	107411
transaction giving rise to the account receivable were included in	107412
the gross receipts of the taxpayer;	107413

(ff) Any receipts directly attributed to providing public	107414
services pursuant to a contract entered into under section 9.06 of	107415
the Revised Code and described in division (J) of that section, or	107416
pursuant to sections 126.60 to 126.605 of the Revised Code, or any	107417
receipts directly attributed to a transfer agreement or to the	107418
enterprise transferred under that agreement under section 4313.02	107419
of the Revised Code.	107420

(gg) Any receipts for which the tax imposed by this chapter	107421
is prohibited by the Constitution or laws of the United States or	107422
the Constitution of Ohio.	107423

~~(gg)~~(hh) Amounts realized by licensed motor fuel dealers or	107424
licensed permissive motor fuel dealers from the exchange of	107425
petroleum products, including motor fuel, between such dealers,	107426
provided that delivery of the petroleum products occurs at a	107427
refinery, terminal, pipeline, or marine vessel and that the	107428
exchanging dealers agree neither dealer shall require monetary	107429
compensation from the other for the value of the exchanged	107430
petroleum products other than such compensation for differences in	107431
product location or grade. Division (F)(2)~~(gg)~~(hh) of this section	107432
does not apply to amounts realized as a result of differences in	107433
location or grade of exchanged petroleum products or from	107434
handling, lubricity, dye, or other additive injections fees,	107435
pipeline security fees, or similar fees. As used in this division,	107436
"motor fuel," "licensed motor fuel dealer," "licensed permissive	107437
motor fuel dealer," and "terminal" have the same meanings as in	107438
section 5735.01 of the Revised Code.	107439

(3) In the case of a taxpayer when acting as a real estate	107440
broker, "gross receipts" includes only the portion of any fee for	107441
the service of a real estate broker, or service of a real estate	107442
salesperson associated with that broker, that is retained by the	107443
broker and not paid to an associated real estate salesperson or	107444
another real estate broker. For the purposes of this division,	107445
"real estate broker" and "real estate salesperson" have the same	107446
meanings as in section 4735.01 of the Revised Code.	107447

(4) A taxpayer's method of accounting for gross receipts for	107448
a tax period shall be the same as the taxpayer's method of	107449
accounting for federal income tax purposes for the taxpayer's	107450
federal taxable year that includes the tax period. If a taxpayer's	107451
method of accounting for federal income tax purposes changes, its	107452
method of accounting for gross receipts under this chapter shall	107453
be changed accordingly.	107454

(G) "Taxable gross receipts" means gross receipts sitused to	107455
this state under section 5751.033 of the Revised Code.	107456

(H) A person has "substantial nexus with this state" if any	107457
of the following applies. The person:	107458

(1) Owns or uses a part or all of its capital in this state;

107459

(2) Holds a certificate of compliance with the laws of this	107460
state authorizing the person to do business in this state;	107461

(3) Has bright-line presence in this state;

107462

(4) Otherwise has nexus with this state to an extent that the	107463
person can be required to remit the tax imposed under this chapter	107464
under the Constitution of the United States.	107465

(I) A person has "bright-line presence" in this state for a	107466
reporting period and for the remaining portion of the calendar	107467
year if any of the following applies. The person:	107468

(1) Has at any time during the calendar year property in this	107469
state with an aggregate value of at least fifty thousand dollars.	107470
For the purpose of division (I)(1) of this section, owned property	107471
is valued at original cost and rented property is valued at eight	107472
times the net annual rental charge.	107473

(2) Has during the calendar year payroll in this state of at	107474
least fifty thousand dollars. Payroll in this state includes all	107475
of the following:	107476

(a) Any amount subject to withholding by the person under	107477
section 5747.06 of the Revised Code;	107478

(b) Any other amount the person pays as compensation to an	107479
individual under the supervision or control of the person for work	107480
done in this state; and	107481

(c) Any amount the person pays for services performed in this	107482
state on its behalf by another.	107483

(3) Has during the calendar year taxable gross receipts of at	107484
least five hundred thousand dollars.	107485

(4) Has at any time during the calendar year within this	107486
state at least twenty-five per cent of the person's total	107487
property, total payroll, or total gross receipts.	107488

(5) Is domiciled in this state as an individual or for	107489
corporate, commercial, or other business purposes.	107490

(J) "Tangible personal property" has the same meaning as in	107491
section 5739.01 of the Revised Code.	107492

(K) "Internal Revenue Code" means the Internal Revenue Code	107493
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. Any term used in	107494
this chapter that is not otherwise defined has the same meaning as	107495
when used in a comparable context in the laws of the United States	107496
relating to federal income taxes unless a different meaning is	107497
clearly required. Any reference in this chapter to the Internal	107498
Revenue Code includes other laws of the United States relating to	107499
federal income taxes.	107500

(L) "Calendar quarter" means a three-month period ending on	107501
the thirty-first day of March, the thirtieth day of June, the	107502
thirtieth day of September, or the thirty-first day of December.	107503

(M) "Tax period" means the calendar quarter or calendar year	107504
on the basis of which a taxpayer is required to pay the tax	107505
imposed under this chapter.	107506

(N) "Calendar year taxpayer" means a taxpayer for which the	107507
tax period is a calendar year.	107508

(O) "Calendar quarter taxpayer" means a taxpayer for which	107509
the tax period is a calendar quarter.	107510

(P) "Agent" means a person authorized by another person to	107511
act on its behalf to undertake a transaction for the other,	107512
including any of the following:	107513

(1) A person receiving a fee to sell financial instruments;

107514

(2) A person retaining only a commission from a transaction	107515
with the other proceeds from the transaction being remitted to	107516
another person;	107517

(3) A person issuing licenses and permits under section	107518
1533.13 of the Revised Code;	107519

(4) A lottery sales agent holding a valid license issued	107520
under section 3770.05 of the Revised Code;	107521

(5) A person acting as an agent of the division of liquor	107522
control under section 4301.17 of the Revised Code.	107523

(Q) "Received" includes amounts accrued under the accrual	107524
method of accounting.	107525

(R) "Reporting person" means a person in a consolidated	107526
elected taxpayer or combined taxpayer group that is designated by	107527
that group to legally bind the group for all filings and tax	107528
liabilities and to receive all legal notices with respect to	107529
matters under this chapter, or, for the purposes of section	107530
5751.04 of the Revised Code, a separate taxpayer that is not a	107531
member of such a group.	107532

Sec. 5751.011. (A) A group of two or more persons may elect	107533
to be a consolidated elected taxpayer for the purposes of this	107534
chapter if the group satisfies all of the following requirements:	107535

(1) The group elects to include all persons, including	107536
persons enumerated in divisions (E)(2) to (10) of section 5751.01	107537
of the Revised Code, having at least eighty per cent, or having at	107538
least fifty per cent, of the value of their ownership interests	107539
owned or controlled, directly or constructively through related	107540
interests, by common owners during all or any portion of the tax	107541
period, together with the common owners.	107542

A group making its initial election on the basis of the	107543
eighty per cent ownership test may change its election so that its	107544
consolidated elected taxpayer group is formed on the basis of the	107545
fifty per cent ownership test if all of the following are	107546
satisfied:	107547

(a) When the initial election was made, the group did not	107548
have any persons satisfying the fifty per cent ownership test;	107549

(b) One or more of the persons in the initial group	107550
subsequently acquires ownership interests in a person such that	107551
the fifty per cent ownership test is satisfied, the eighty per	107552
cent ownership test is not satisfied, and the acquired person	107553
would be required to be included in a combined taxpayer group	107554
under section 5751.012 of the Revised Code;	107555

(c) The group requests the change in a written request to the	107556
tax commissioner on or before the due date for filing the first	107557
return due under section 5751.051 of the Revised Code after the	107558
date of the acquisition;	107559

(d) The group has not previously changed its election.

107560

At the election of the group, all entities that are not	107561
incorporated or formed under the laws of a state or of the United	107562
States and that meet the consolidated elected ownership test shall	107563
either be included in the group or all shall be excluded from the	107564
group. If, at the time of registration, the group does not include	107565
any such entities that meet the consolidated elected ownership	107566
test, the group shall elect to either include or exclude the newly	107567
acquired entities before the due date of the first return due	107568
after the date of the acquisition.	107569

Each group shall notify the tax commissioner of the foregoing	107570
elections before the due date of the return for the period in	107571
which the election becomes binding. If fifty per cent of the value	107572
of a person's ownership interests is owned or controlled by each	107573
of two consolidated elected taxpayer groups formed under the fifty	107574
per cent ownership or control test, that person is a member of	107575
each group for the purposes of this section, and each group shall	107576
include in the group's taxable gross receipts fifty per cent of	107577
that person's taxable gross receipts. Otherwise, all of that	107578
person's taxable gross receipts shall be included in the taxable	107579
gross receipts of the consolidated elected taxpayer group of which	107580
the person is a member. In no event shall the ownership or control	107581
of fifty per cent of the value of a person's ownership interests	107582
by two otherwise unrelated groups form the basis for consolidating	107583
the groups into a single consolidated elected taxpayer group or	107584
permit any exclusion under division (C) of this section of taxable	107585
gross receipts between members of the two groups. Division (A)(3)	107586
of this section applies with respect to the elections described in	107587
this division.	107588

(2) The group makes the election to be treated as a	107589
consolidated elected taxpayer in the manner prescribed under	107590
division (D) of this section.	107591

(3) Subject to review and audit by the tax commissioner, the	107592
group agrees that all of the following apply:	107593

(a) The group shall file reports as a single taxpayer for at	107594
least the next eight calendar quarters following the election so	107595
long as at least two or more of the members of the group meet the	107596
requirements of division (A)(1) of this section.	107597

(b) Before the expiration of the eighth such calendar	107598
quarter, the group shall notify the commissioner if it elects to	107599
cancel its designation as a consolidated elected taxpayer. If the	107600
group does not so notify the tax commissioner, the election	107601
remains in effect for another eight calendar quarters.	107602

(c) If, at any time during any of those eight calendar	107603
quarters following the election, a former member of the group no	107604
longer meets the requirements under division (A)(1) of this	107605
section, that member shall report and pay the tax imposed under	107606
this chapter separately, as a member of a combined taxpayer, or,	107607
if the former member satisfies such requirements with respect to	107608
another consolidated elected group, as a member of that	107609
consolidated elected group.	107610

(d) The group agrees to the application of division (B) of	107611
this section.	107612

(B) A group of persons making the election under this section	107613
shall report and pay tax on all of the group's taxable gross	107614
receipts even if substantial nexus with this state does not exist	107615
for one or more persons in the group.	107616

(C)(1)(a) Members of a consolidated elected taxpayer group	107617
shall exclude gross receipts among persons included in the	107618
consolidated elected taxpayer group.	107619

(b) Subject to divisions (C)(1)(c) and (C)(2) of this	107620
section, nothing in this section shall have the effect of	107621
requiring a consolidated elected taxpayer group to include gross	107622
receipts received by a person enumerated in divisions (E)(2) to	107623
(10) of section 5751.01 of the Revised Code if that person is a	107624
member of the group pursuant to the elections made by the group	107625
under division (A)(1) of this section.	107626

(c)(i) As used in division (C)(1)(c) of this section, "dealer	107627
transfer" means a transfer of property that satisfies both of the	107628
following: (I) the property is directly transferred by any means	107629
from one member of the group to another member of the group that	107630
is a dealer in intangibles but is not a qualifying dealer as	107631
defined in section ~~5725.24~~5707.031 of the Revised Code; and (II)	107632
the property is subsequently delivered by the dealer in	107633
intangibles to a person that is not a member of the group.	107634

(ii) In the event of a dealer transfer, a consolidated	107635
elected taxpayer group shall not exclude, under division (C) of	107636
this section, gross receipts from the transfer described in	107637
division (C)(1)(c)(i)(I) of this section.	107638

(2) Gross receipts related to the sale or transmission of	107639
electricity through the use of an intermediary regional	107640
transmission organization approved by the federal energy	107641
regulatory commission shall be excluded from taxable gross	107642
receipts under division (C)(1) of this section if all other	107643
requirements of that division are met, even if the receipts are	107644
from and to the same member of the group.	107645

(D) To make the election to be a consolidated elected	107646
taxpayer, a group of persons shall notify the tax commissioner of	107647
the election in the manner prescribed by the commissioner and pay	107648
the commissioner a registration fee equal to the lesser of two	107649
hundred dollars or twenty dollars for each person in the group. No	107650
additional fee shall be imposed for the addition of new members to	107651
the group once the group has remitted a fee in the amount of two	107652
hundred dollars. The election shall be made and the fee paid	107653
before the beginning of the first calendar quarter to which the	107654
election applies. The fee shall be collected and used in the same	107655
manner as provided in section 5751.04 of the Revised Code.	107656

The election shall be made on a form prescribed by the tax	107657
commissioner for that purpose and shall be signed by one or more	107658
individuals with authority, separately or together, to make a	107659
binding election on behalf of all persons in the group.	107660

Any person acquired or formed after the filing of the	107661
registration shall be included in the group if the person meets	107662
the requirements of division (A)(1) of this section, and the group	107663
shall notify the tax commissioner of any additions to the group	107664
with the next tax return it files with the commissioner.	107665

Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of	107666
the Revised Code:	107667

(1) "School district," "joint vocational school district,"	107668
"local taxing unit," "recognized valuation," "fixed-rate levy,"	107669
and "fixed-sum levy" have the same meanings as used in section	107670
5727.84 of the Revised Code.	107671

(2) "State education aid" for a school district means the	107672
following:	107673

(a) For fiscal years prior to fiscal year 2010, the sum of	107674
state aid amounts computed for the district under the following	107675
provisions, as they existed for the applicable fiscal year:	107676
division (A) of section 3317.022 of the Revised Code, including	107677
the amounts calculated under sections 3317.029 and 3317.0217 of	107678
the Revised Code; divisions (C)(1), (C)(4), (D), (E), and (F) of	107679
section 3317.022; divisions (B), (C), and (D) of section 3317.023;	107680
divisions (L) and (N) of section 3317.024; section 3317.0216; and	107681
any unit payments for gifted student services paid under sections	107682
3317.05, 3317.052, and 3317.053 of the Revised Code; except that,	107683
for fiscal years 2008 and 2009, the amount computed for the	107684
district under Section 269.20.80 of H.B. 119 of the 127th general	107685
assembly and as that section subsequently may be amended shall be	107686
substituted for the amount computed under division (D) of section	107687
3317.022 of the Revised Code, and the amount computed under	107688
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	107689
that section subsequently may be amended shall be included.	107690

(b) For fiscal ~~year~~years 2010 and ~~for each fiscal year~~	107691
~~thereafter~~2011, the sum of the amounts computed under former	107692
sections 3306.052, 3306.12, 3306.13, 3306.19, 3306.191, and	107693
3306.192 of the Revised Code.;	107694

(c) For fiscal years 2012 and 2013, the amount paid in	107695
accordance with the section of H.B. 153 of the 129th general	107696
assembly entitled "FUNDING FOR CITY, EXEMPTED VILLAGE, AND LOCAL	107697
SCHOOL DISTRICTS."	107698

(3) "State education aid" for a joint vocational school	107699
district means the following:	107700

(a) For fiscal years prior to fiscal year 2010, the sum of	107701
the state aid computed for the district under division (N) of	107702
section 3317.024 and section 3317.16 of the Revised Code, except	107703
that, for fiscal years 2008 and 2009, the amount computed under	107704
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	107705
that section subsequently may be amended shall be included.	107706

(b) For fiscal years 2010 and 2011, the amount paid in	107707
accordance with the section of ~~this act~~H.B. 1 of the 128th	107708
general assembly entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL	107709
DISTRICTS."	107710

(c) For fiscal years 2012 and 2013, the amount paid in	107711
accordance with the section of H.B. 153 of the 129th general	107712
assembly entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL DISTRICTS."	107713

(4) "State education aid offset" means the amount determined	107714
for each school district or joint vocational school district under	107715
division (A)(1) of section 5751.21 of the Revised Code.	107716

(5) "Machinery and equipment property tax value loss" means	107717
the amount determined under division (C)(1) of this section.	107718

(6) "Inventory property tax value loss" means the amount	107719
determined under division (C)(2) of this section.	107720

(7) "Furniture and fixtures property tax value loss" means	107721
the amount determined under division (C)(3) of this section.	107722

(8) "Machinery and equipment fixed-rate levy loss" means the	107723
amount determined under division (D)(1) of this section.	107724

(9) "Inventory fixed-rate levy loss" means the amount	107725
determined under division (D)(2) of this section.	107726

(10) "Furniture and fixtures fixed-rate levy loss" means the	107727
amount determined under division (D)(3) of this section.	107728

(11) "Total fixed-rate levy loss" means the sum of the	107729
machinery and equipment fixed-rate levy loss, the inventory	107730
fixed-rate levy loss, the furniture and fixtures fixed-rate levy	107731
loss, and the telephone company fixed-rate levy loss.	107732

(12) "Fixed-sum levy loss" means the amount determined under	107733
division (E) of this section.	107734

(13) "Machinery and equipment" means personal property	107735
subject to the assessment rate specified in division (F) of	107736
section 5711.22 of the Revised Code.	107737

(14) "Inventory" means personal property subject to the	107738
assessment rate specified in division (E) of section 5711.22 of	107739
the Revised Code.	107740

(15) "Furniture and fixtures" means personal property subject	107741
to the assessment rate specified in division (G) of section	107742
5711.22 of the Revised Code.	107743

(16) "Qualifying levies" are levies in effect for tax year	107744
2004 or applicable to tax year 2005 or approved at an election	107745
conducted before September 1, 2005. For the purpose of determining	107746
the rate of a qualifying levy authorized by section 5705.212 or	107747
5705.213 of the Revised Code, the rate shall be the rate that	107748
would be in effect for tax year 2010.	107749

(17) "Telephone property" means tangible personal property of	107750
a telephone, telegraph, or interexchange telecommunications	107751
company subject to an assessment rate specified in section	107752
5727.111 of the Revised Code in tax year 2004.	107753

(18) "Telephone property tax value loss" means the amount	107754
determined under division (C)(4) of this section.	107755

(19) "Telephone property fixed-rate levy loss" means the	107756
amount determined under division (D)(4) of this section.	107757

(20) "Taxes charged and payable" means taxes charged and	107758
payable after the reduction required by section 319.301 of the	107759
Revised Code but before the reductions required by sections	107760
319.302 and 323.152 of the Revised Code.	107761

(21) "Median estate tax collections" means, in the case of a	107762
municipal corporation to which revenue from the taxes levied in	107763
Chapter 5731. of the Revised Code was distributed in each of	107764
calendar years 2006, 2007, 2008, and 2009, the median of those	107765
distributions. In the case of a municipal corporation to which no	107766
distributions were made in one or more of those years, "median	107767
estate tax collections" means zero.	107768

(22) "Total resources," in the case of a school district,	107769
means the sum of the amounts in divisions (A)(22)(a) to (h) of	107770
this section less any reduction required under division (A)(32) of	107771
this section.	107772

(a) The state education aid for fiscal year 2010;

107773

(b) The sum of the payments received by the school district	107774
in fiscal year 2010 for current expense levy losses pursuant to	107775
division (C)(2) of section 5727.85 and divisions (C)(8) and (9) of	107776
section 5751.21 of the Revised Code, excluding the portion of such	107777
payments attributable to levies for joint vocational school	107778
district purposes;	107779

(c) The sum of fixed-sum levy loss payments received by the	107780
school district in fiscal year 2010 pursuant to division (E)(1) of	107781
section 5727.85 and division (E)(1) of section 5751.21 of the	107782
Revised Code for fixed-sum levies imposed for a purpose other than	107783
paying debt charges;	107784

(d) Fifty per cent of the school district's taxes charged and	107785
payable against all property on the tax list of real and public	107786
utility property for current expense purposes for tax year 2008,	107787
including taxes charged and payable from emergency levies imposed	107788
under section 5709.194 of the Revised Code and excluding taxes	107789
levied for joint vocational school district purposes;	107790

(e) Fifty per cent of the school district's taxes charged and	107791
payable against all property on the tax list of real and public	107792
utility property for current expenses for tax year 2009, including	107793
taxes charged and payable from emergency levies and excluding	107794
taxes levied for joint vocational school district purposes;	107795

(f) The school district's taxes charged and payable against	107796
all property on the general tax list of personal property for	107797
current expenses for tax year 2009, including taxes charged and	107798
payable from emergency levies;	107799

(g) The amount certified for fiscal year 2010 under division	107800
(A)(2) of section 3317.08 of the Revised Code;	107801

(h) Distributions received during calendar year 2009 from	107802
taxes levied under section 718.09 of the Revised Code.	107803

(23) "Total resources," in the case of a joint vocational	107804
school district, means the sum of amounts in divisions (A)(23)(a)	107805
to (g) of this section less any reduction required under division	107806
(A)(32) of this section.	107807

(a) The state education aid for fiscal year 2010;

107808

(b) The sum of the payments received by the joint vocational	107809
school district in fiscal year 2010 for current expense levy	107810
losses pursuant to division (C)(2) of section 5727.85 and	107811
divisions (C)(8) and (9) of section 5751.21 of the Revised Code;	107812

(c) Fifty per cent of the joint vocational school district's	107813
taxes charged and payable against all property on the tax list of	107814
real and public utility property for current expense purposes for	107815
tax year 2008;	107816

(d) Fifty per cent of the joint vocational school district's	107817
taxes charged and payable against all property on the tax list of	107818
real and public utility property for current expenses for tax year	107819
2009;	107820

(e) Fifty per cent of a city, local, or exempted village	107821
school district's taxes charged and payable against all property	107822
on the tax list of real and public utility property for current	107823
expenses of the joint vocational school district for tax year	107824
2008;	107825

(f) Fifty per cent of a city, local, or exempted village	107826
school district's taxes charged and payable against all property	107827
on the tax list of real and public utility property for current	107828
expenses of the joint vocational school district for tax year	107829
2009;	107830

(g) The joint vocational school district's taxes charged and	107831
payable against all property on the general tax list of personal	107832
property for current expenses for tax year 2009.	107833

(24) "Total resources," in the case of county mental health	107834
and disability related functions, means the sum of the amounts in	107835
divisions (A)(24)(a) and (b) of this section less any reduction	107836
required under division (A)(32) of this section.	107837

(a) The sum of the payments received by the county for mental	107838
health and developmental disability related functions in calendar	107839
year 2010 under division (A)(1) of section 5727.86 and division	107840
(A)(1) and (2) of section 5751.22 of the Revised Code as they	107841
existed at that time;	107842

(b) With respect to taxes levied by the county for mental	107843
health and developmental disability related purposes, the taxes	107844
charged and payable for such purposes against all property on the	107845
tax list of real and public utility property for tax year 2009.	107846

(25) "Total resources," in the case of county senior services	107847
related functions, means the sum of the amounts in divisions	107848
(A)(25)(a) and (b) of this section less any reduction required	107849
under division (A)(32) of this section.	107850

(a) The sum of the payments received by the county for senior	107851
services related functions in calendar year 2010 under division	107852
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	107853
5751.22 of the Revised Code as they existed at that time;	107854

(b) With respect to taxes levied by the county for senior	107855
services related purposes, the taxes charged and payable for such	107856
purposes against all property on the tax list of real and public	107857
utility property for tax year 2009.	107858

(26) "Total resources," in the case of county children's	107859
services related functions, means the sum of the amounts in	107860
divisions (A)(26)(a) and (b) of this section less any reduction	107861
required under division (A)(32) of this section.	107862

(a) The sum of the payments received by the county for	107863
children's services related functions in calendar year 2010 under	107864
division (A)(1) of section 5727.86 and divisions (A)(1) and (2) of	107865
section 5751.22 of the Revised Code as they existed at that time;	107866

(b) With respect to taxes levied by the county for children's	107867
services related purposes, the taxes charged and payable for such	107868
purposes against all property on the tax list of real and public	107869
utility property for tax year 2009.	107870

(27) "Total resources," in the case of county public health	107871
related functions, means the sum of the amounts in divisions	107872
(A)(27)(a) and (b) of this section less any reduction required	107873
under division (A)(32) of this section.	107874

(a) The sum of the payments received by the county for public	107875
health related functions in calendar year 2010 under division	107876
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	107877
5751.22 of the Revised Code as they existed at that time;	107878

(b) With respect to taxes levied by the county for public	107879
health related purposes, the taxes charged and payable for such	107880
purposes against all property on the tax list of real and public	107881
utility property for tax year 2009.	107882

(28) "Total resources," in the case of all county functions	107883
not included in divisions (A)(24) to (27) of this section, means	107884
the sum of the amounts in divisions (A)(28)(a) to (d) of this	107885
section less any reduction required under division (A)(32) of this	107886
section.	107887

(a) The sum of the payments received by the county for all	107888
other purposes in calendar year 2010 under division (A)(1) of	107889
section 5727.86 and divisions (A)(1) and (2) of section 5751.22 of	107890
the Revised Code as they existed at that time;	107891

(b) The county's percentage share of county undivided local	107892
government fund allocations as certified to the tax commissioner	107893
for calendar year 2010 by the county auditor under division (J) of	107894
section 5747.51 of the Revised Code or division (F) of section	107895
5747.53 of the Revised Code multiplied by the total amount	107896
actually distributed in calendar year 2010 from the county	107897
undivided local government fund;	107898

(c) With respect to taxes levied by the county for all other	107899
purposes, the taxes charged and payable for such purposes against	107900
all property on the tax list of real and public utility property	107901
for tax year 2009, excluding taxes charged and payable for the	107902
purpose of paying debt charges;	107903

(d) The sum of the amounts distributed to the county in	107904
calendar year 2010 for the taxes levied pursuant to sections	107905
5739.021 and 5741.021 of the Revised Code.	107906

(29) "Total resources," in the case of a municipal	107907
corporation, means the sum of the amounts in divisions (A)(29)(a)	107908
to (g) of this section less any reduction required under division	107909
(A)(32) of this section.	107910

(a) The sum of the payments received by the municipal	107911
corporation in calendar year 2010 under division (A)(1) of section	107912
5727.86 and divisions (A)(1) and (2) of section 5751.22 of the	107913
Revised Code as they existed at that time;	107914

(b) The municipal corporation's percentage share of county	107915
undivided local government fund allocations as certified to the	107916
tax commissioner for calendar year 2010 by the county auditor	107917
under division (J) of section 5747.51 of the Revised Code or	107918
division (F) of section 5747.53 of the Revised Code multiplied by	107919
the total amount actually distributed in calendar year 2010 from	107920
the county undivided local government fund;	107921

(c) The sum of the amounts distributed to the municipal	107922
corporation in calendar year 2010 pursuant to section 5747.50 of	107923
the Revised Code;	107924

(d) With respect to taxes levied by the municipal	107925
corporation, the taxes charged and payable against all property on	107926
the tax list of real and public utility property for current	107927
expenses, defined in division (A)(33) of this section, for tax	107928
year 2009;	107929

(e) The amount of admissions tax collected by the municipal	107930
corporation in calendar year 2008, or if such information has not	107931
yet been reported to the tax commissioner, in the most recent year	107932
before 2008 for which the municipal corporation has reported data	107933
to the commissioner;	107934

(f) The amount of income taxes collected by the municipal	107935
corporation in calendar year 2008, or if such information has not	107936
yet been reported to the tax commissioner, in the most recent year	107937
before 2008 for which the municipal corporation has reported data	107938
to the commissioner;	107939

(g) The municipal corporation's median estate tax	107940
collections.	107941

(30) "Total resources," in the case of a township, means the	107942
sum of the amounts in divisions (A)(30)(a) to (c) of this section	107943
less any reduction required under division (A)(32) of this	107944
section.	107945

(a) The sum of the payments received by the township in	107946
calendar year 2010 pursuant to division (A)(1) of section 5727.86	107947
of the Revised Code and divisions (A)(1) and (2) of section	107948
5751.22 of the Revised Code as they existed at that time,	107949
excluding payments received for debt purposes;	107950

(b) The township's percentage share of county undivided local	107951
government fund allocations as certified to the tax commissioner	107952
for calendar year 2010 by the county auditor under division (J) of	107953
section 5747.51 of the Revised Code or division (F) of section	107954
5747.53 of the Revised Code multiplied by the total amount	107955
actually distributed in calendar year 2010 from the county	107956
undivided local government fund;	107957

(c) With respect to taxes levied by the township, the taxes	107958
charged and payable against all property on the tax list of real	107959
and public utility property for tax year 2009 excluding taxes	107960
charged and payable for the purpose of paying debt charges.	107961

(31) "Total resources," in the case of a local taxing unit	107962
that is not a county, municipal corporation, or township, means	107963
the sum of the amounts in divisions (A)(31)(a) to (e) of this	107964
section less any reduction required under division (A)(32) of this	107965
section.	107966

(a) The sum of the payments received by the local taxing unit	107967
in calendar year 2010 pursuant to division (A)(1) of section	107968
5727.86 of the Revised Code and divisions (A)(1) and (2) of	107969
section 5751.22 of the Revised Code as they existed at that time;	107970

(b) The local taxing unit's percentage share of county	107971
undivided local government fund allocations as certified to the	107972
tax commissioner for calendar year 2010 by the county auditor	107973
under division (J) of section 5747.51 of the Revised Code or	107974
division (F) of section 5747.53 of the Revised Code multiplied by	107975
the total amount actually distributed in calendar year 2010 from	107976
the county undivided local government fund;	107977

(c) With respect to taxes levied by the local taxing unit,	107978
the taxes charged and payable against all property on the tax list	107979
of real and public utility property for tax year 2009 excluding	107980
taxes charged and payable for the purpose of paying debt charges;	107981

(d) The amount received from the tax commissioner during	107982
calendar year 2010 for sales or use taxes authorized under	107983
sections 5739.023 and 5741.022 of the Revised Code;	107984

(e) For institutions of higher education receiving tax	107985
revenue from a local levy, as identified in section 3358.02 of the	107986
Revised Code, the final state share of instruction allocation for	107987
fiscal year 2010 as calculated by the board of regents and	107988
reported to the state controlling board.	107989

(32) If a fixed-rate levy that is a qualifying levy is not	107990
imposed in any year after tax year 2010, "total resources" used to	107991
compute payments to be made under division (C)(12) of section	107992
5751.21 or division (A)(1)(b) or (c) of section 5751.22 of the	107993
Revised Code in the tax years following the last year the levy is	107994
imposed shall be reduced by the amount of payments attributable to	107995
the fixed-rate levy loss of that levy as would be computed under	107996
division (C)(2) of section 5727.85, division (A)(1) of section	107997
5727.85, divisions (C)(8) and (9) of section 5751.21, or division	107998
(A)(1) of section 5751.22 of the Revised Code.	107999

(33) "Municipal current expense property tax levies" means	108000
all property tax levies of a municipality, except those with the	108001
following levy names: airport resurfacing; bond or any levy name	108002
including the word "bond"; capital improvement or any levy name	108003
including the word "capital"; debt or any levy name including the	108004
word "debt"; equipment or any levy name including the word	108005
"equipment," unless the levy is for combined operating and	108006
equipment; employee termination fund; fire pension or any levy	108007
containing the word "pension," including police pensions;	108008
fireman's fund or any practically similar name; sinking fund; road	108009
improvements or any levy containing the word "road"; fire truck or	108010
apparatus; flood or any levy containing the word "flood";	108011
conservancy district; county health; note retirement; sewage, or	108012
any levy containing the words "sewage" or "sewer"; park	108013
improvement; parkland acquisition; storm drain; street or any levy	108014
name containing the word "street"; lighting, or any levy name	108015
containing the word "lighting"; and water.	108016

(34) "Current expense TPP allocation" means, in the case of a	108017
school district or joint vocational school district, the sum of	108018
the payments received by the school district in fiscal year 2011	108019
pursuant to divisions (C)(10) and (11) of section 5751.21 of the	108020
Revised Code to the extent paid for current expense levies. In the	108021
case of a municipal corporation, "current expense TPP allocation"	108022
means the sum of the payments received by the municipal	108023
corporation in calendar year 2010 pursuant to divisions (A)(1) and	108024
(2) of section 5751.22 of the Revised Code to the extent paid for	108025
municipal current expense property tax levies as defined in	108026
division (A)(33) of this section. If a fixed-rate levy that is a	108027
qualifying levy is not imposed in any year after tax year 2010,	108028
"current expense TPP allocation" used to compute payments to be	108029
made under division (C)(12) of section 5751.21 or division	108030
(A)(1)(b) or (c) of section 5751.22 of the Revised Code in the tax	108031
years following the last year the levy is imposed shall be reduced	108032
by the amount of payments attributable to the fixed-rate levy loss	108033
of that levy as would be computed under divisions (C)(10) and (11)	108034
of section 5751.21 or division (A)(1) of section 5751.22 of the	108035
Revised Code.	108036

(35) "TPP allocation" means the sum of payments received by a	108037
local taxing unit in calendar year 2010 pursuant to divisions	108038
(A)(1) and (2) of section 5751.22 of the Revised Code. If a	108039
fixed-rate levy that is a qualifying levy is not imposed in any	108040
year after tax year 2010, "TPP allocation" used to compute	108041
payments to be made under division (A)(1)(b) or (c) of section	108042
5751.22 of the Revised Code in the tax years following the last	108043
year the levy is imposed shall be reduced by the amount of payment	108044
attributable to the fixed-rate levy loss of that levy as would be	108045
computed under division (A)(1) of that section.	108046

(36) "Total TPP allocation" means, in the case of a school	108047
district or joint vocational school district, the sum of the	108048
amounts received in fiscal year 2011 pursuant to divisions (C)(10)	108049
and (11) and (D) of section 5751.21 of the Revised Code. In the	108050
case of a local taxing unit, "total TPP allocation" means the sum	108051
of payments received by the unit in calendar year 2010 pursuant to	108052
divisions (A)(1), (2), and (3) of section 5751.22 of the Revised	108053
Code. If a fixed-rate levy that is a qualifying levy is not	108054
imposed in any year after tax year 2010, "total TPP allocation"	108055
used to compute payments to be made under division (C)(12) of	108056
section 5751.21 or division (A)(1)(b) or (c) of section 5751.22 of	108057
the Revised Code in the tax years following the last year the levy	108058
is imposed shall be reduced by the amount of payments attributable	108059
to the fixed-rate levy loss of that levy as would be computed	108060
under divisions (C)(10) and (11) of section 5751.21 or division	108061
(A)(1) of section 5751.22 of the Revised Code.	108062

(37) "Non-current expense TPP allocation" means the	108063
difference of total TPP allocation minus the sum of current	108064
expense TPP allocation and the portion of total TPP allocation	108065
constituting reimbursement for debt levies, pursuant to division	108066
(D) of section 5751.21 of the Revised Code in the case of a school	108067
district or joint vocational school district and pursuant to	108068
division (A)(3) of section 5751.22 of the Revised Code in the case	108069
of a municipal corporation.	108070

(38) "Threshold per cent" means, in the case of a school	108071
district or joint vocational school district, two per cent for	108072
fiscal year 2012 and four per cent for fiscal years 2013 and	108073
thereafter. In the case of a local taxing unit, "threshold per	108074
cent" means two per cent for tax year 2011, four per cent for tax	108075
year 2012, and six per cent for tax years 2013 and thereafter.	108076

(B) The commercial activities tax receipts fund is hereby	108077
created in the state treasury and shall consist of money arising	108078
from the tax imposed under this chapter. Eighty-five	108079
one-hundredths of one per cent of the money credited to that fund	108080
shall be credited to the tax reform system implementation fund,	108081
which is hereby created in the state treasury, and shall be used	108082
to defray the costs incurred by the department of taxation in	108083
administering the tax imposed by this chapter and in implementing	108084
tax reform measures. Fifty million dollars shall be credited each	108085
fiscal year from the commercial activities tax receipts fund to	108086
the local government integrating and innovation fund created under	108087
section 164.30 of the Revised Code, beginning with fiscal year	108088
2012. The remainder in the commercial activities tax receipts fund	108089
shall be credited for each fiscal year in the following	108090
percentages to the general revenue fund, to the school district	108091
tangible property tax replacement fund, which is hereby created in	108092
the state treasury for the purpose of making the payments	108093
described in section 5751.21 of the Revised Code, and to the local	108094
government tangible property tax replacement fund, which is hereby	108095
created in the state treasury for the purpose of making the	108096
payments described in section 5751.22 of the Revised Code, in the	108097
following percentages:	108098

Fiscal year	General Revenue Fund	School District Tangible Property Tax Replacement Fund	Local Government Tangible Property Tax Replacement Fund	108099
2006	67.7%	22.6%	9.7%	108100
2007	0%	70.0%	30.0%	108101
2008	0%	70.0%	30.0%	108102
2009	0%	70.0%	30.0%	108103
2010	0%	70.0%	30.0%	108104
2011	0%	70.0%	30.0%	108105
2012	~~5.3~~ 25.0%	~~70.0~~ 52.5%	~~24.7~~ 22.5%	108106
2013 and thereafter	~~10.6~~ 50.0%	~~70.0~~ 35.0%	~~19.4~~ 15.0%	108107
~~2014~~	~~14.1%~~	~~70.0%~~	~~15.9%~~	108108
~~2015~~	~~17.6%~~	~~70.0%~~%	~~12.4%~~	108109
~~2016~~	~~21.1%~~	~~70.0%~~%	~~8.9%~~	108110
~~2017~~	~~24.6%~~	~~70.0%~~%	~~5.4%~~	108111
~~2018~~	~~28.1%~~	~~70.0%~~%	~~1.9%~~	108112
~~2019 and thereafter~~	~~30%~~	~~70%~~%	0%	108113

(C) Not later than September 15, 2005, the tax commissioner	108114
shall determine for each school district, joint vocational school	108115
district, and local taxing unit its machinery and equipment,	108116
inventory property, furniture and fixtures property, and telephone	108117
property tax value losses, which are the applicable amounts	108118
described in divisions (C)(1), (2), (3), and (4) of this section,	108119
except as provided in division (C)(5) of this section:	108120

(1) Machinery and equipment property tax value loss is the	108121
taxable value of machinery and equipment property as reported by	108122
taxpayers for tax year 2004 multiplied by:	108123

(a) For tax year 2006, thirty-three and eight-tenths per	108124
cent;	108125

(b) For tax year 2007, sixty-one and three-tenths per cent;

108126

108127

(d) For tax year 2009 and thereafter, one hundred per cent.

108128

(2) Inventory property tax value loss is the taxable value of	108129
inventory property as reported by taxpayers for tax year 2004	108130
multiplied by:	108131

(a) For tax year 2006, a fraction, the numerator of which is	108132
five and three-fourths and the denominator of which is	108133
twenty-three;	108134

(b) For tax year 2007, a fraction, the numerator of which is	108135
nine and one-half and the denominator of which is twenty-three;	108136

(c) For tax year 2008, a fraction, the numerator of which is	108137
thirteen and one-fourth and the denominator of which is	108138
twenty-three;	108139

(d) For tax year 2009 and thereafter a fraction, the	108140
numerator of which is seventeen and the denominator of which is	108141
twenty-three.	108142

(3) Furniture and fixtures property tax value loss is the	108143
taxable value of furniture and fixture property as reported by	108144
taxpayers for tax year 2004 multiplied by:	108145

(a) For tax year 2006, twenty-five per cent;

108146

(b) For tax year 2007, fifty per cent;

108147

108148

(d) For tax year 2009 and thereafter, one hundred per cent.

108149

The taxable value of property reported by taxpayers used in	108150
divisions (C)(1), (2), and (3) of this section shall be such	108151
values as determined to be final by the tax commissioner as of	108152
August 31, 2005. Such determinations shall be final except for any	108153
correction of a clerical error that was made prior to August 31,	108154
2005, by the tax commissioner.	108155

(4) Telephone property tax value loss is the taxable value of	108156
telephone property as taxpayers would have reported that property	108157
for tax year 2004 if the assessment rate for all telephone	108158
property for that year were twenty-five per cent, multiplied by:	108159

(a) For tax year 2006, zero per cent;

108160

(b) For tax year 2007, zero per cent;

108161

108162

(d) For tax year 2009, sixty per cent;

108163

(e) For tax year 2010, eighty per cent;

108164

(f) For tax year 2011 and thereafter, one hundred per cent.

108165

(5) Division (C)(5) of this section applies to any school	108166
district, joint vocational school district, or local taxing unit	108167
in a county in which is located a facility currently or formerly	108168
devoted to the enrichment or commercialization of uranium or	108169
uranium products, and for which the total taxable value of	108170
property listed on the general tax list of personal property for	108171
any tax year from tax year 2001 to tax year 2004 was fifty per	108172
cent or less of the taxable value of such property listed on the	108173
general tax list of personal property for the next preceding tax	108174
year.	108175

In computing the fixed-rate levy losses under divisions	108176
(D)(1), (2), and (3) of this section for any school district,	108177
joint vocational school district, or local taxing unit to which	108178
division (C)(5) of this section applies, the taxable value of such	108179
property as listed on the general tax list of personal property	108180
for tax year 2000 shall be substituted for the taxable value of	108181
such property as reported by taxpayers for tax year 2004, in the	108182
taxing district containing the uranium facility, if the taxable	108183
value listed for tax year 2000 is greater than the taxable value	108184
reported by taxpayers for tax year 2004. For the purpose of making	108185
the computations under divisions (D)(1), (2), and (3) of this	108186
section, the tax year 2000 valuation is to be allocated to	108187
machinery and equipment, inventory, and furniture and fixtures	108188
property in the same proportions as the tax year 2004 values. For	108189
the purpose of the calculations in division (A) of section 5751.21	108190
of the Revised Code, the tax year 2004 taxable values shall be	108191
used.	108192

To facilitate the calculations required under division (C) of	108193
this section, the county auditor, upon request from the tax	108194
commissioner, shall provide by August 1, 2005, the values of	108195
machinery and equipment, inventory, and furniture and fixtures for	108196
all single-county personal property taxpayers for tax year 2004.	108197

(D) Not later than September 15, 2005, the tax commissioner	108198
shall determine for each tax year from 2006 through 2009 for each	108199
school district, joint vocational school district, and local	108200
taxing unit its machinery and equipment, inventory, and furniture	108201
and fixtures fixed-rate levy losses, and for each tax year from	108202
2006 through 2011 its telephone property fixed-rate levy loss.	108203
Except as provided in division (F) of this section, such losses	108204
are the applicable amounts described in divisions (D)(1), (2),	108205
(3), and (4) of this section:	108206

(1) The machinery and equipment fixed-rate levy loss is the	108207
machinery and equipment property tax value loss multiplied by the	108208
sum of the tax rates of fixed-rate qualifying levies.	108209

(2) The inventory fixed-rate loss is the inventory property	108210
tax value loss multiplied by the sum of the tax rates of	108211
fixed-rate qualifying levies.	108212

(3) The furniture and fixtures fixed-rate levy loss is the	108213
furniture and fixture property tax value loss multiplied by the	108214
sum of the tax rates of fixed-rate qualifying levies.	108215

(4) The telephone property fixed-rate levy loss is the	108216
telephone property tax value loss multiplied by the sum of the tax	108217
rates of fixed-rate qualifying levies.	108218

(E) Not later than September 15, 2005, the tax commissioner	108219
shall determine for each school district, joint vocational school	108220
district, and local taxing unit its fixed-sum levy loss. The	108221
fixed-sum levy loss is the amount obtained by subtracting the	108222
amount described in division (E)(2) of this section from the	108223
amount described in division (E)(1) of this section:	108224

(1) The sum of the machinery and equipment property tax value	108225
loss, the inventory property tax value loss, and the furniture and	108226
fixtures property tax value loss, and, for 2008 through ~~2017~~2010,	108227
the telephone property tax value loss of the district or unit	108228
multiplied by the sum of the fixed-sum tax rates of qualifying	108229
levies. For 2006 through 2010, this computation shall include all	108230
qualifying levies remaining in effect for the current tax year and	108231
any school district levies imposed under section 5705.194 or	108232
5705.213 of the Revised Code that are qualifying levies not	108233
remaining in effect for the current year. For 2011 through 2017 in	108234
the case of school district levies imposed under section 5705.194	108235
or 5705.213 of the Revised Code and for all years after 2010 in	108236
the case of other fixed-sum levies, this computation shall include	108237
only qualifying levies remaining in effect for the current year.	108238
For purposes of this computation, a qualifying school district	108239
levy imposed under section 5705.194 or 5705.213 of the Revised	108240
Code remains in effect in a year after 2010 only if, for that	108241
year, the board of education levies a school district levy imposed	108242
under section 5705.194, 5705.199, 5705.213, or 5705.219 of the	108243
Revised Code for an annual sum at least equal to the annual sum	108244
levied by the board in tax year 2004 less the amount of the	108245
payment certified under this division for 2006.	108246

(2) The total taxable value in tax year 2004 less the sum of	108247
the machinery and equipment, inventory, furniture and fixtures,	108248
and telephone property tax value losses in each school district,	108249
joint vocational school district, and local taxing unit multiplied	108250
by one-half of one mill per dollar.	108251

(3) For the calculations in divisions (E)(1) and (2) of this	108252
section, the tax value losses are those that would be calculated	108253
for tax year 2009 under divisions (C)(1), (2), and (3) of this	108254
section and for tax year 2011 under division (C)(4) of this	108255
section.	108256

(4) To facilitate the calculation under divisions (D) and (E)	108257
of this section, not later than September 1, 2005, any school	108258
district, joint vocational school district, or local taxing unit	108259
that has a qualifying levy that was approved at an election	108260
conducted during 2005 before September 1, 2005, shall certify to	108261
the tax commissioner a copy of the county auditor's certificate of	108262
estimated property tax millage for such levy as required under	108263
division (B) of section 5705.03 of the Revised Code, which is the	108264
rate that shall be used in the calculations under such divisions.	108265

If the amount determined under division (E) of this section	108266
for any school district, joint vocational school district, or	108267
local taxing unit is greater than zero, that amount shall equal	108268
the reimbursement to be paid pursuant to division (E) of section	108269
5751.21 or division (A)(3) of section 5751.22 of the Revised Code,	108270
and the one-half of one mill that is subtracted under division	108271
(E)(2) of this section shall be apportioned among all contributing	108272
fixed-sum levies in the proportion that each levy bears to the sum	108273
of all fixed-sum levies within each school district, joint	108274
vocational school district, or local taxing unit.	108275

(F) If a school district levies a tax under section 5705.219	108276
of the Revised Code, the fixed-rate levy loss for qualifying	108277
levies, to the extent repealed under that section, shall equal the	108278
sum of the following amounts in lieu of the amounts computed for	108279
such levies under division (D) of this section:	108280

(1) The sum of the rates of qualifying levies to the extent	108281
so repealed multiplied by the sum of the machinery and equipment,	108282
inventory, and furniture and fixtures tax value losses for 2009 as	108283
determined under that division;	108284

(2) The sum of the rates of qualifying levies to the extent	108285
so repealed multiplied by the telephone property tax value loss	108286
for 2011 as determined under that division.	108287

The fixed-rate levy losses for qualifying levies to the	108288
extent not repealed under section 5705.219 of the Revised Code	108289
shall be as determined under division (D) of this section. The	108290
revised fixed-rate levy losses determined under this division and	108291
division (D) of this section first apply in the year following the	108292
first year the district levies the tax under section 5705.219 of	108293
the Revised Code.	108294

(G) Not later than October 1, 2005, the tax commissioner	108295
shall certify to the department of education for every school	108296
district and joint vocational school district the machinery and	108297
equipment, inventory, furniture and fixtures, and telephone	108298
property tax value losses determined under division (C) of this	108299
section, the machinery and equipment, inventory, furniture and	108300
fixtures, and telephone fixed-rate levy losses determined under	108301
division (D) of this section, and the fixed-sum levy losses	108302
calculated under division (E) of this section. The calculations	108303
under divisions (D) and (E) of this section shall separately	108304
display the levy loss for each levy eligible for reimbursement.	108305

(H) Not later than October 1, 2005, the tax commissioner	108306
shall certify the amount of the fixed-sum levy losses to the	108307
county auditor of each county in which a school district, joint	108308
vocational school district, or local taxing unit with a fixed-sum	108309
levy loss reimbursement has territory.	108310

(I) Not later than the twenty-eighth day of February each	108311
year beginning in 2011 and ending in 2014, the tax commissioner	108312
shall certify to the department of education for each school	108313
district first levying a tax under section 5705.219 of the Revised	108314
Code in the preceding year the revised fixed-rate levy losses	108315
determined under divisions (D) and (F) of this section.	108316

Sec. 5751.21. (A) Not later than the thirtieth day of July	108317
of 2007 through ~~2017~~2010, the department of education shall	108318
consult with the director of budget and management and determine	108319
the following for each school district and each joint vocational	108320
school district eligible for payment under division (B) of this	108321
section:	108322

(1) The state education aid offset, which, except as provided	108323
in division (A)(1)(c) of this section, is the difference obtained	108324
by subtracting the amount described in division (A)(1)(b) of this	108325
section from the amount described in division (A)(1)(a) of this	108326
section:	108327

(a) The state education aid computed for the school district	108328
or joint vocational school district for the current fiscal year as	108329
of the thirtieth day of July;	108330

(b) The state education aid that would be computed for the	108331
school district or joint vocational school district for the	108332
current fiscal year as of the thirtieth day of July if the	108333
~~recognized~~ valuation used in the calculation in division (B)(1) of	108334
section 3306.13 of the Revised Code as that division existed for	108335
fiscal years 2010 and 2011 included the machinery and equipment,	108336
inventory, furniture and fixtures, and telephone property tax	108337
value losses for the school district or joint vocational school	108338
district for the second preceding tax year, and if taxes charged	108339
and payable associated with the tax value losses are accounted for	108340
in any state education aid computation dependent on taxes charged	108341
and payable.	108342

(c) The state education aid offset for fiscal year 2010 and	108343
fiscal year 2011 equals the greater of the state education aid	108344
offset calculated for that fiscal year under divisions (A)(1)(a)	108345
and (b) of this section and the state education aid offset	108346
calculated for fiscal year 2009. For fiscal year 2012 and 2013,	108347
the state education aid offset equals the state education aid	108348
offset for fiscal year 2011.	108349

(2) ~~The~~For fiscal years 2008 through 2011, the greater of	108350
zero or the difference obtained by subtracting the state education	108351
aid offset determined under division (A)(1) of this section from	108352
the sum of the machinery and equipment fixed-rate levy loss, the	108353
inventory fixed-rate levy loss, furniture and fixtures fixed-rate	108354
levy loss, and telephone property fixed-rate levy loss certified	108355
under divisions (G) and (I) of section 5751.20 of the Revised Code	108356
for all taxing districts in each school district and joint	108357
vocational school district for the second preceding tax year.	108358

By the thirtieth day of July of each such year, the	108359
department of education and the director of budget and management	108360
shall agree upon the amount to be determined under division (A)(1)	108361
of this section.	108362

(B) On or before the thirty-first day of August of ~~each year~~	108363
~~beginning in~~ 2008, 2009, and 2010, the department of education	108364
shall recalculate the offset described under division (A) of this	108365
section for the previous fiscal year and recalculate the payments	108366
made under division (C) of this section in the preceding fiscal	108367
year using the offset calculated under this division. If the	108368
payments calculated under this division differ from the payments	108369
made under division (C) of this section in the preceding fiscal	108370
year, the difference shall either be paid to a school district or	108371
recaptured from a school district through an adjustment at the	108372
same times during the current fiscal year that the payments under	108373
division (C) of this section are made. In August and October of	108374
the current fiscal year, the amount of each adjustment shall be	108375
three-sevenths of the amount calculated under this division. In	108376
May of the current fiscal year, the adjustment shall be	108377
one-seventh of the amount calculated under this division.	108378

(C) The department of education shall pay from the school	108379
district tangible property tax replacement fund to each school	108380
district and joint vocational school district all of the following	108381
for fixed-rate levy losses certified under divisions (G) and (I)	108382
of section 5751.20 of the Revised Code:	108383

(1) On or before May 31, 2006, one-seventh of the total	108384
fixed-rate levy loss for tax year 2006;	108385

(2) On or before August 31, 2006, and October 31, 2006,	108386
one-half of six-sevenths of the total fixed-rate levy loss for tax	108387
year 2006;	108388

(3) On or before May 31, 2007, one-seventh of the total	108389
fixed-rate levy loss for tax year 2007;	108390

(4) On or before August 31, 2007, and October 31, 2007,	108391
forty-three per cent of the amount determined under division	108392
(A)(2) of this section for fiscal year 2008, but not less than	108393
zero, plus one-half of six-sevenths of the difference between the	108394
total fixed-rate levy loss for tax year 2007 and the total	108395
fixed-rate levy loss for tax year 2006.	108396

(5) On or before May 31, 2008, fourteen per cent of the	108397
amount determined under division (A)(2) of this section for fiscal	108398
year 2008, but not less than zero, plus one-seventh of the	108399
difference between the total fixed-rate levy loss for tax year	108400
2008 and the total fixed-rate levy loss for tax year 2006.	108401

(6) On or before August 31, 2008, and October 31, 2008,	108402
forty-three per cent of the amount determined under division	108403
(A)(2) of this section for fiscal year 2009, but not less than	108404
zero, plus one-half of six-sevenths of the difference between the	108405
total fixed-rate levy loss in tax year 2008 and the total	108406
fixed-rate levy loss in tax year 2007.	108407

(7) On or before May 31, 2009, fourteen per cent of the	108408
amount determined under division (A)(2) of this section for fiscal	108409
year 2009, but not less than zero, plus one-seventh of the	108410
difference between the total fixed-rate levy loss for tax year	108411
2009 and the total fixed-rate levy loss for tax year 2007.	108412

(8) On or before August 31, 2009, and October 31, 2009,	108413
forty-three per cent of the amount determined under division	108414
(A)(2) of this section for fiscal year 2010, but not less than	108415
zero, plus one-half of six-sevenths of the difference between the	108416
total fixed-rate levy loss in tax year 2009 and the total	108417
fixed-rate levy loss in tax year 2008.	108418

(9) On or before May 31, 2010, fourteen per cent of the	108419
amount determined under division (A)(2) of this section for fiscal	108420
year 2010, but not less than zero, plus one-seventh of the	108421
difference between the total fixed-rate levy loss in tax year 2010	108422
and the total fixed-rate levy loss in tax year 2008.	108423

(10) On or before August 31, 2010, and October 31, 2010,	108424
forty-three per cent of the amount determined under division	108425
(A)(2) of this section for fiscal year 2011, but not less than	108426
zero, plus one-half of six-sevenths of the difference between the	108427
telephone property fixed-rate levy loss for tax year 2010 and the	108428
telephone property fixed-rate levy loss for tax year 2009.	108429

(11) On or before May 31, 2011, fourteen per cent of the	108430
amount determined under division (A)(2) of this section for fiscal	108431
year 2011, but not less than zero, plus one-seventh of the	108432
difference between the telephone property fixed-rate levy loss for	108433
tax year 2011 and the telephone property fixed-rate levy loss for	108434
tax year 2009.	108435

(12) ~~On or before August 31, 2011, and October 31, 2011,~~	108436
~~forty-three per cent of the amount determined under division~~	108437
~~(A)(2) of this section, but not less than zero, plus one-half of~~	108438
~~six-sevenths of the difference between the telephone property~~	108439
~~fixed-rate levy loss for tax year 2011 and the telephone property~~	108440
~~fixed-rate levy loss for tax year 2010.~~	108441

~~(13) On or before May 31, 2012, fourteen per cent of the~~	108442
~~amount determined under division (A)(2) of this section for fiscal~~	108443
~~year 2012, but not less than zero, plus one-seventh of the~~	108444
~~difference between the telephone property fixed-rate levy loss for~~	108445
~~tax year 2011 and the telephone property fixed-rate levy loss for~~	108446
~~tax year 2010.~~	108447

~~(14) On or before August 31, 2012, October 31, 2012, and May~~	108448
~~31, 2013, the amount determined under division (A)(2) of this~~	108449
~~section but not less than zero, multiplied by one-third.~~	108450

~~(15) On or before August 31, 2013, October 31, 2013, and May~~	108451
~~31, 2014, the amount determined under division (A)(2) of this~~	108452
~~section multiplied by a fraction, the numerator of which is nine~~	108453
~~and the denominator of which is seventeen, but not less than zero,~~	108454
~~multiplied by one-third.~~	108455

~~(16) On or before August 31, 2014, October 31, 2014, and May~~	108456
~~31, 2015, the amount determined under division (A)(2) of this~~	108457
~~section multiplied by a fraction, the numerator of which is seven~~	108458
~~and the denominator of which is seventeen, but not less than zero,~~	108459
~~multiplied by one-third.~~	108460

~~(17) On or before August 31, 2015, October 31, 2015, and May~~	108461
~~31, 2016, the amount determined under division (A)(2) of this~~	108462
~~section multiplied by a fraction, the numerator of which is five~~	108463
~~and the denominator of which is seventeen, but not less than zero,~~	108464
~~multiplied by one-third.~~	108465

~~(18) On or before August 31, 2016, October 31, 2016, and May~~	108466
~~31, 2017, the amount determined under division (A)(2) of this~~	108467
~~section multiplied by a fraction, the numerator of which is three~~	108468
~~and the denominator of which is seventeen, but not less than zero,~~	108469
~~multiplied by one-third.~~	108470

~~(19) On or before August 31, 2017, October 31, 2017, and May~~	108471
~~31, 2018, the amount determined under division (A)(2) of this~~	108472
~~section multiplied by a fraction, the numerator of which is one~~	108473
~~and the denominator of which is seventeen, but not less than zero,~~	108474
~~multiplied by one-third~~For fiscal years 2012 and thereafter, the	108475
sum of the amounts in divisions (C)(12)(a) or (b) and (c) of this	108476
section shall be paid on or before the twentieth day of November	108477
and the last day of May:	108478

(a) If the ratio of current expense TPP allocation to total	108479
resources is equal to or less than the threshold per cent, zero;	108480

(b) If the ratio of current expense TPP allocation to total	108481
resources is greater than the threshold per cent, fifty per cent	108482
of the difference of current expense TPP allocation minus the	108483
product of total resources multiplied by the threshold per cent;	108484

(c) Fifty per cent of the product of non-current expense TPP	108485
allocation multiplied by seventy-five per cent for fiscal year	108486
2012 and fifty per cent for fiscal years 2013 and thereafter.	108487

The department of education shall report to each school	108488
district and joint vocational school district the apportionment of	108489
the payments among the school district's or joint vocational	108490
school district's funds based on the certifications under	108491
divisions (G) and (I) of section 5751.20 of the Revised Code.	108492

~~Any qualifying levy that is a fixed-rate levy that is not~~	108493
~~applicable to a tax year after 2010 does not qualify for any~~	108494
~~reimbursement after the tax year to which it is last applicable.~~	108495

(D) For taxes levied within the ten-mill limitation for debt	108496
purposes in tax year 2005, payments shall be made equal to one	108497
hundred per cent of the loss computed as if the tax were a	108498
fixed-rate levy, but those payments shall extend from fiscal year	108499
2006 through fiscal year 2018, as long as the qualifying levy	108500
continues to be used for debt purposes. If the purpose of such a	108501
qualifying levy is changed, that levy becomes subject to the	108502
payments determined in division (C) of this section.	108503

(E)(1) Not later than January 1, 2006, for each fixed-sum	108504
levy of each school district or joint vocational school district	108505
and for each year for which a determination is made under division	108506
(E) of section 5751.20 of the Revised Code that a fixed-sum levy	108507
loss is to be reimbursed, the tax commissioner shall certify to	108508
the department of education the fixed-sum levy loss determined	108509
under that division. The certification shall cover a time period	108510
sufficient to include all fixed-sum levies for which the	108511
commissioner made such a determination. ~~The~~On or before the last	108512
day of May of the current year, the department shall pay from the	108513
school district property tax replacement fund to the school	108514
district or joint vocational school district one-third of the	108515
fixed-sum levy loss so certified ~~for each year~~, plus one-third of	108516
the amount certified under division (I) of section 5751.20 of the	108517
Revised Code, and on or before the ~~last~~twentieth day of ~~May,~~	108518
~~August, and October of the current year~~November, two-thirds of	108519
the fixed-sum levy loss so certified, plus two-thirds of the	108520
amount certified under division (I) of section 5751.20 of the	108521
Revised Code. Payments under this division of the amounts	108522
certified under division (I) of section 5751.20 of the Revised	108523
Code shall continue until the levy adopted under section 5705.219	108524
of the Revised Code expires.	108525

(2) Beginning in 2006, by the first day of January of each	108526
year, the tax commissioner shall review the certification	108527
originally made under division (E)(1) of this section. If the	108528
commissioner determines that a debt levy that had been scheduled	108529
to be reimbursed in the current year has expired, a revised	108530
certification for that and all subsequent years shall be made to	108531
the department of education.	108532

(F) Beginning in September 2007 and through June ~~2018~~2013,	108533
the director of budget and management shall transfer from the	108534
school district tangible property tax replacement fund to the	108535
general revenue fund each of the following:	108536

(1) On the first day of September, one-fourth of the amount	108537
determined for that fiscal year under division (A)(1) of this	108538
section;	108539

(2) On the first day of December, one-fourth of the amount	108540
determined for that fiscal year under division (A)(1) of this	108541
section;	108542

(3) On the first day of March, one-fourth of the amount	108543
determined for that fiscal year under division (A)(1) of this	108544
section;	108545

(4) On the first day of June, one-fourth of the amount	108546
determined for that fiscal year under division (A)(1) of this	108547
section.	108548

If, when a transfer is required under division (F)(1), (2),	108549
(3), or (4) of this section, there is not sufficient money in the	108550
school district tangible property tax replacement fund to make the	108551
transfer in the required amount, the director shall transfer the	108552
balance in the fund to the general revenue fund and may make	108553
additional transfers on later dates as determined by the director	108554
in a total amount that does not exceed one-fourth of the amount	108555
determined for the fiscal year.	108556

(G) ~~For each of the fiscal years 2006 through 2018, if~~If the	108557
total amount in the school district tangible property tax	108558
replacement fund is insufficient to make all payments under	108559
divisions (C), (D), and (E) of this section at the times the	108560
payments are to be made, the director of budget and management	108561
shall transfer from the general revenue fund to the school	108562
district tangible property tax replacement fund the difference	108563
between the total amount to be paid and the amount in the school	108564
district tangible property tax replacement fund. ~~For each fiscal~~	108565
~~year after 2018, at the time payments under division (E) of this~~	108566
~~section are to be made, the director of budget and management~~	108567
~~shall transfer from the general revenue fund to the school~~	108568
~~district property tax replacement fund the amount necessary to~~	108569
~~make such payments.~~	108570

(H)~~(1)~~ On the fifteenth day of June ~~of 2006 through 2011~~of	108571
each year, the director of budget and management may transfer any	108572
balance in the school district tangible property tax replacement	108573
fund to the general revenue fund. ~~At the end of fiscal years 2012~~	108574
~~through 2018, any balance in the school district tangible property~~	108575
~~tax replacement fund shall remain in the fund to be used in future~~	108576
~~fiscal years for school purposes.~~	108577

~~(2) In each fiscal year beginning with fiscal year 2019, all~~	108578
~~amounts credited to the school district tangible personal property~~	108579
~~tax replacement fund shall be appropriated for school purposes.~~	108580

(I) If all of the territory of a school district or joint	108581
vocational school district is merged with another district, or if	108582
a part of the territory of a school district or joint vocational	108583
school district is transferred to an existing or newly created	108584
district, the department of education, in consultation with the	108585
tax commissioner, shall adjust the payments made under this	108586
section as follows:	108587

(1) For a merger of two or more districts, ~~the machinery and~~	108588
~~equipment, inventory, furniture and fixtures, and telephone~~	108589
~~property fixed-rate levy losses and~~ the fixed-sum levy losses,	108590
total resources, current expense TPP allocation, total TPP	108591
allocation, and non-current expense TPP allocation of the	108592
successor district shall be ~~equal to~~ the sum of ~~the machinery and~~	108593
~~equipment, inventory, furniture and fixtures, and telephone~~	108594
~~property fixed-rate levy losses and debt levy losses as determined~~	108595
~~in section 5751.20 of the Revised Code,~~such items for each of the	108596
districts involved in the merger.	108597

(2) If property is transferred from one district to a	108598
previously existing district, the amount of ~~machinery and~~	108599
~~equipment, inventory, furniture and fixtures, and telephone~~	108600
~~property tax value losses and fixed-rate levy losses~~total	108601
resources, current expense TPP allocation, total TPP allocation,	108602
and non-current expense TPP allocation that shall be transferred	108603
to the recipient district shall be an amount equal to ~~the total~~	108604
~~machinery and equipment, inventory, furniture and fixtures, and~~	108605
~~telephone property fixed-rate levy losses~~total resources, current	108606
expense TPP allocation, total TPP allocation, and non-current	108607
expense TPP allocation of the transferor district times a	108608
fraction, the numerator of which is the ~~value of business tangible~~	108609
~~personal property on the land being transferred in the most recent~~	108610
~~year for which data are available~~number of pupils being	108611
transferred to the recipient district, measured, in the case of a	108612
school district, by average daily membership as reported under	108613
division (A) of section 3317.03 of the Revised Code or, in the	108614
case of a joint vocational school district, by formula ADM as	108615
reported in division (D) of that section, and the denominator of	108616
which is the ~~total value of business tangible personal property in~~	108617
~~the district from which the land is being transferred in the most~~	108618
~~recent year for which data are available. For each of the first~~	108619
~~five years after the property is transferred, but not after fiscal~~	108620
~~year 2012, if the tax rate in the recipient district is less than~~	108621
~~the tax rate of the district from which the land was transferred,~~	108622
~~one-half of the payments arising from the amount of fixed-rate~~	108623
~~levy losses so transferred to the recipient district shall be paid~~	108624
~~to the recipient district and one-half of the payments arising~~	108625
~~from the fixed-rate levy losses so transferred shall be paid to~~	108626
~~the district from which the land was transferred. Fixed-rate levy~~	108627
~~losses so transferred shall be computed on the basis of the sum of~~	108628
~~the rates of fixed-rate qualifying levies of the district from~~	108629
~~which the land was transferred, notwithstanding division (E) of~~	108630
~~this section~~average daily membership or formula ADM of the	108631
transferor district.	108632

(3) After December 31, ~~2004~~2010, if property is transferred	108633
from one or more districts to a district that is newly created out	108634
of the transferred property, the newly created district shall be	108635
deemed not to have any ~~machinery and equipment, inventory,~~	108636
~~furniture and fixtures, or telephone property fixed-rate levy~~	108637
~~losses and the districts from which the property was transferred~~	108638
~~shall have no reduction in their machinery and equipment,~~	108639
~~inventory, furniture and fixtures, and telephone property~~	108640
~~fixed-rate levy losses~~total resources, current expense TPP	108641
allocation, total TPP allocation, or non-current expense TPP	108642
allocation.	108643

(4) If the recipient district under division (I)(2) of this	108644
section or the newly created district under division (I)(3) of	108645
this section is assuming debt from one or more of the districts	108646
from which the property was transferred and any of the districts	108647
losing the property had fixed-sum levy losses, the department of	108648
education, in consultation with the tax commissioner, shall make	108649
an equitable division of the fixed-sum levy loss reimbursements.	108650

Sec. 5751.22. (A) Not later than January 1, 2006, the tax	108651
commissioner shall compute the payments to be made to each local	108652
taxing unit for each year according to divisions (A)(1), (2), (3),	108653
and (4) of this section as this section existed on that date, and	108654
shall distribute the payments in the manner prescribed by division	108655
(C) of this section. The calculation of the fixed-sum levy loss	108656
shall cover a time period sufficient to include all fixed-sum	108657
levies for which the commissioner determined, pursuant to division	108658
(E) of section 5751.20 of the Revised Code, that a fixed-sum levy	108659
loss is to be reimbursed.	108660

(1) Except as provided in division (A)~~(4)~~(3) of this section,	108661
for ~~machinery and equipment, inventory, and furniture and fixtures~~	108662
fixed-rate levy losses determined under division (D) of section	108663
5751.20 of the Revised Code, payments shall be made in an amount	108664
equal to ~~each of those losses multiplied by~~ the following:	108665

(a) For tax years 2006 through 2010, one hundred per cent of	108666
such losses;	108667

(b) For the payment in tax year 2011~~, a fraction, the~~	108668
~~numerator of which is fourteen and the denominator of which is~~	108669
~~seventeen;~~	108670

~~(c) For tax year 2012, a fraction, the numerator of which is~~	108671
~~eleven and the denominator of which is seventeen;~~	108672

~~(d) For tax year 2013, a fraction, the numerator of which is~~	108673
~~nine and the denominator of which is seventeen;~~	108674

~~(e) For tax year 2014, a fraction, the numerator of which is~~	108675
~~seven and the denominator of which is seventeen;~~	108676

~~(f) For tax year 2015, a fraction, the numerator of which is~~	108677
~~five and the denominator of which is seventeen;~~	108678

~~(g) For tax year 2016, a fraction, the numerator of which is~~	108679
~~three and the denominator of which is seventeen;~~	108680

~~(h) For tax year 2017, a fraction, the numerator of which is~~	108681
~~one and the denominator of which is seventeen;~~	108682

~~(i) For tax years 2018 and thereafter, no fixed-rate payments~~	108683
~~shall be made.~~	108684

~~Any qualifying levy that is a fixed-rate levy that is not~~	108685
~~applicable to a tax year after 2010 shall not qualify for any~~	108686
~~reimbursement after the tax year to which it is last applicable.~~	108687

~~(2) Except as provided in division (A)(4) of this section,~~	108688
~~for telephone property fixed-rate levy losses determined under~~	108689
~~division (D)(4) of section 5751.20 of the Revised Code, payments~~	108690
~~shall be made in an amount equal to each of those losses~~	108691
~~multiplied by the following:~~	108692

~~(a) For tax years 2009 through 2011, one hundred per cent;~~

108693

~~(b) For tax year 2012, seven-eighths;~~

108694

~~(c) For tax year 2013, six-eighths;~~

108695

~~(d) For tax year 2014, five-eighths;~~

108696

~~(e) For tax year 2015, four-eighths;~~

108697

~~(f) For tax year 2016, three-eighths;~~

108698

~~(g) For tax year 2017, two-eighths;~~

108699

~~(h) For tax year 2018, one-eighth;~~

108700

~~(i) For tax years 2019 and thereafter, no fixed-rate payments~~	108701
~~shall be made~~to be made on or before the twentieth day of	108702
November, the sum of the amount in division (A)(1)(b)(i) or (ii)	108703
and division (A)(1)(b)(iii) of this section:	108704

(i) If the ratio of six-sevenths of the TPP allocation to	108705
total resources is equal to or less than the threshold per cent,	108706
zero;	108707

(ii) If the ratio of six-sevenths of the TPP allocation to	108708
total resources is greater than the threshold per cent, the	108709
difference of six-sevenths of the TPP allocation minus the product	108710
of total resources multiplied by the threshold per cent;	108711

(iii) In the case of a municipal corporation, six-sevenths of	108712
the product of the non-current expense TPP allocation multiplied	108713
by seventy-five per cent.	108714

(c) For tax years 2012 and thereafter, the sum of the amount	108715
in division (A)(1)(c)(i) or (ii) and division (A)(1)(c)(iii) of	108716
this section:	108717

(i) If the ratio of TPP allocation to total resources is	108718
equal to or less than the threshold per cent, zero;	108719

(ii) If the ratio of TPP allocation to total resources is	108720
greater than the threshold per cent, the TPP allocation minus the	108721
product of total resources multiplied by the threshold per cent;	108722

(iii) In the case of a municipal corporation, non-current	108723
expense TPP allocation multiplied by fifty per cent for tax year	108724
2012 and twenty-five per cent for tax years 2013 and thereafter.	108725

~~Any qualifying levy that is a fixed-rate levy that is not~~	108726
~~applicable to a tax year after 2011 shall not qualify for any~~	108727
~~reimbursement after the tax year to which it is last applicable.~~	108728

~~(3)~~(2) For fixed-sum levy losses determined under division	108729
(E) of section 5751.20 of the Revised Code, payments shall be made	108730
in the amount of one hundred per cent of the fixed-sum levy loss	108731
for payments required to be made in 2006 and thereafter until the	108732
qualifying levy has expired.	108733

~~(4)~~(3) For taxes levied within the ten-mill limitation or	108734
pursuant to a municipal charter for debt purposes in tax year	108735
2005, payments shall be made based on the schedule in division	108736
(A)(1) of this section for each of the calendar years 2006 through	108737
2010. For each of the calendar years 2011 through 2017, the	108738
percentages for calendar year 2010 shall be used for taxes levied	108739
within the ten-mill limitation or pursuant to a municipal charter	108740
for debt purposes in tax year 2010, as long as ~~the qualifying levy~~	108741
~~continues~~such levies continue to be used for debt purposes. If	108742
the purpose of such a qualifying levy is changed, that levy	108743
becomes subject to the payment schedules in divisions (A)(1)(a) to	108744
(h) of this section. No payments shall be made for such levies	108745
after calendar year 2017. For the purposes of this division, taxes	108746
levied pursuant to a municipal charter refer to taxes levied	108747
pursuant to a provision of a municipal charter that permits the	108748
tax to be levied without prior voter approval.	108749

(B) Beginning in 2007, by the thirty-first day of January of	108750
each year, the tax commissioner shall review the calculation	108751
originally made under division (A) of this section of the	108752
fixed-sum levy losses determined under division (E) of section	108753
5751.20 of the Revised Code. If the commissioner determines that a	108754
fixed-sum levy that had been scheduled to be reimbursed in the	108755
current year has expired, a revised calculation for that and all	108756
subsequent years shall be made.	108757

(C) Payments to local taxing units required to be made under	108758
division (A) of this section shall be paid from the local	108759
government tangible property tax replacement fund to the county	108760
undivided income tax fund in the proper county treasury. ~~Beginning~~	108761
inFrom May 2006 through November 2010, one-seventh of the amount	108762
~~certified~~determined under that division shall be paid by the last	108763
day of May each year, and three-sevenths shall be paid by the last	108764
day of August and October each year. From May 2011 through	108765
November 2013, one-seventh of the amount determined under that	108766
division shall be paid on or before the last day of May each year,	108767
and six-sevenths shall be paid on or before the twentieth day of	108768
November each year, except that in November 2011, the payment	108769
shall equal one hundred per cent of the amount calculated for that	108770
payment. Beginning in May 2014, one-half of the amount determined	108771
under that division shall be paid on or before the last day of May	108772
each year, and one-half shall be paid on or before the twentieth	108773
day of November each year. Within ~~forty-five~~forty days after	108774
receipt of such payments, the county treasurer shall distribute	108775
amounts determined under division (A) of this section to the	108776
proper local taxing unit as if they had been levied and collected	108777
as taxes, and the local taxing unit shall apportion the amounts so	108778
received among its funds in the same proportions as if those	108779
amounts had been levied and collected as taxes.	108780

(D) For each of the fiscal years 2006 through ~~2019~~2018, if	108781
the total amount in the local government tangible property tax	108782
replacement fund is insufficient to make all payments under	108783
division (C) of this section at the times the payments are to be	108784
made, the director of budget and management shall transfer from	108785
the general revenue fund to the local government tangible property	108786
tax replacement fund the difference between the total amount to be	108787
paid and the amount in the local government tangible property tax	108788
replacement fund. For each fiscal year after ~~2019~~2018, at the	108789
time payments under division (A)(2) of this section are to be	108790
made, the director of budget and management shall transfer from	108791
the general revenue fund to the local government property tax	108792
replacement fund the amount necessary to make such payments.	108793

(E) On the fifteenth day of June of each year from 2006	108794
through 2018, the director of budget and management may transfer	108795
any balance in the local government tangible property tax	108796
replacement fund to the general revenue fund.	108797

(F) If all or a part of the territories of two or more local	108798
taxing units are merged, or unincorporated territory of a township	108799
is annexed by a municipal corporation, the tax commissioner shall	108800
adjust the payments made under this section to each of the local	108801
taxing units in proportion to the ~~tax value loss apportioned to~~	108802
square mileage of the merged or annexed territory as a percentage	108803
of the total square mileage of the jurisdiction from which the	108804
territory originated, or as otherwise provided by a written	108805
agreement between the legislative authorities of the local taxing	108806
units certified to the commissioner not later than the first day	108807
of June of the calendar year in which the payment is to be made.	108808

Sec. 5751.23. (A) As used in this section:

108809

(1) "Administrative fees" means the dollar percentages	108810
allowed by the county auditor for services or by the county	108811
treasurer as fees, or paid to the credit of the real estate	108812
assessment fund, under divisions (A) and (C) of section 319.54 and	108813
division (A) of section 321.26 of the Revised Code.	108814

(2) "Administrative fee loss" means a county's loss of	108815
administrative fees due to its tax value loss, determined as	108816
follows:	108817

(a) For purposes of the determination made under division (B)	108818
of this section in the years 2006 through 2010, the administrative	108819
fee loss shall be computed by multiplying the amounts determined	108820
for all taxing districts in the county under divisions (D) and (E)	108821
of section 5751.20 of the Revised Code by nine thousand six	108822
hundred fifty-nine ten-thousandths of one per cent if total taxes	108823
collected in the county in 2004 exceeded one hundred fifty million	108824
dollars, or one and one thousand one hundred fifty-nine	108825
ten-thousandths of one per cent if total taxes collected in the	108826
county in 2004 were one hundred fifty million dollars or less;	108827

(b) For purposes of the determination under division (B) of	108828
this section in the years after 2010, the administrative fee	108829
~~losses shall be determined by multiplying~~loss equals	108830
fourteen-seventeenths of the administrative fee ~~losses~~loss	108831
calculated for 2010 ~~by the fractions in divisions (A)(1)(b) to (i)~~	108832
~~of section 5751.22 of the Revised Code~~multiplied by the following	108833
percentages: 100% for 2011, 80% for 2012, 60% for 2013, 40% for	108834
2014, 20% for 2015, and 0% for 2016.	108835

(3) "Total taxes collected" means all money collected on any	108836
tax duplicate of the county, other than the estate tax duplicates.	108837
"Total taxes collected" does not include amounts received pursuant	108838
to divisions (F) and (G) of section 321.24 or section 323.156 of	108839
the Revised Code.	108840

(B) Not later than December 31, 2005, the tax commissioner	108841
shall certify to each county auditor the tax levy losses	108842
calculated under divisions (D) and (E) of section 5751.20 of the	108843
Revised Code for each school district, joint vocational school	108844
district, and local taxing unit in the county. Not later than the	108845
thirty-first day of January of 2006 through ~~2017~~2015, the county	108846
auditor shall determine the administrative fee loss for the county	108847
and apportion that loss ratably among the school districts, joint	108848
vocational school districts, and local taxing units on the basis	108849
of the tax levy losses certified under this division.	108850

(C) On or before each of the days prescribed for the	108851
settlements under divisions (A) and (C) of section 321.24 of the	108852
Revised Code in the years 2006 through ~~2017~~2015, the county	108853
treasurer shall deduct one-half of the amount apportioned to each	108854
school district, joint vocational school district, and local	108855
taxing unit from the portions of revenue payable to them.	108856

(D) On or before each of the days prescribed for settlements	108857
under divisions (A) and (C) of section 321.24 of the Revised Code	108858
in the years 2006 through ~~2017~~2015, the county auditor shall	108859
cause to be deposited an amount equal to one-half of the amount of	108860
the administrative fee loss in the same funds as if allowed as	108861
administrative fees.	108862

Sec. 5751.50. (A) For tax periods beginning on or after	108863
January 1, 2008, a refundable credit granted by the tax credit	108864
authority under section 122.17 or division (B)(2) or (3) of	108865
section 122.171 of the Revised Code may be claimed under this	108866
chapter in the order required under section 5751.98 of the Revised	108867
Code. For purposes of making tax payments under this chapter,	108868
taxes equal to the amount of the refundable credit shall be	108869
considered to be paid to this state on the first day of the tax	108870
period. A credit claimed in calendar year 2008 may not be applied	108871
against the tax otherwise due for a tax period beginning before	108872
July 1, 2008. The refundable credit shall not be claimed against	108873
the tax otherwise due for any tax period beginning after the date	108874
on which a relocation of employment positions occurs in violation	108875
of an agreement entered into under section 122.17 or 122.171 of	108876
the Revised Code.	108877

(B) For tax periods beginning on or after January 1, 2008, a	108878
nonrefundable credit granted by the tax credit authority under	108879
division (B)(1) of section 122.171 of the Revised Code may be	108880
claimed under this chapter in the order required under section	108881
5751.98 of the Revised Code. A credit claimed in calendar year	108882
2008 may not be applied against the tax otherwise due under this	108883
chapter for a tax period beginning before July 1, 2008. The credit	108884
shall not be claimed against the tax otherwise due for any tax	108885
period beginning after the date on which a relocation of	108886
employment positions occurs in violation of an agreement entered	108887
into under section 122.17 or 122.171 of the Revised Code. No	108888
credit shall be allowed under this chapter if the credit was	108889
available against the tax imposed by section 5733.06 or 5747.02 of	108890
the Revised Code, except to the extent the credit was not applied	108891
against such tax.	108892

Sec. 5753.01. As used in Chapter 5753. of the Revised Code	108893
and for no other purpose under Title LVII of the Revised Code:	108894

(A) "Casino facility" has the same meaning as in section	108895
3772.01 of the Revised Code.	108896

(B) "Casino gaming" has the same meaning as in section	108897
3772.01 of the Revised Code.	108898

(C) "Casino operator" has the same meaning as in section	108899
3772.01 of the Revised Code.	108900

(D) "Gross casino revenue" means the total amount of money	108901
exchanged for the purchase of chips, tokens, tickets, electronic	108902
cards, or similar objects by casino patrons, less winnings paid to	108903
wagerers. "Gross casino revenue" does not mean, and has no	108904
relation to or effect on, a casino operator's "gross receipts" as	108905
defined in division (F) of section 5751.01 of the Revised Code.	108906

(E) "Person" has the same meaning as in section 3772.01 of	108907
the Revised Code.	108908

(F) "Slot machine" has the same meaning as in section 3772.01	108909
of the Revised Code.	108910

(G) "Table game" has the same meaning as in section 3772.01	108911
of the Revised Code.	108912

(H) "Tax period" means one twenty-four-hour period with	108913
regard to which a casino operator is required to pay the tax	108914
levied by this chapter.	108915

Sec. 6101.16. When it is determined to let the work relating	108916
to the improvements for which a conservancy district was	108917
established by contract, contracts in amounts to exceed	108918
twenty-five thousand dollars shall be advertised after notice	108919
calling for bids has been published once a week for two	108920
consecutive weeks or as provided in section 7.16 of the Revised	108921
Code, with the last publication to occur at least eight days prior	108922
to the date on which bids will be accepted, in a newspaper of	108923
general circulation within the conservancy district where the work	108924
is to be done. If the bids are for a contract for the	108925
construction, demolition, alteration, repair, or reconstruction of	108926
an improvement, the board of directors of the conservancy district	108927
may let the contract to the lowest responsive and most responsible	108928
bidder who meets the requirements of section 153.54 of the Revised	108929
Code. If the bids are for a contract for any other work relating	108930
to the improvements for which a conservancy district was	108931
established, the board of directors of the district may let the	108932
contract to the lowest responsive and most responsible bidder who	108933
gives a good and approved bond, with ample security, conditioned	108934
on the carrying out of the contract. The contract shall be in	108935
writing and shall be accompanied by or refer to plans and	108936
specifications for the work to be done prepared by the chief	108937
engineer. The plans and specifications shall at all times be made	108938
and considered a part of the contract. The contract shall be	108939
approved by the board and signed by the president of the board and	108940
by the contractor and shall be executed in duplicate. In case of	108941
sudden emergency when it is necessary in order to protect the	108942
district, the advertising of contracts may be waived upon the	108943
consent of the board, with the approval of the court or a judge of	108944
the court of common pleas of the county in which the office of the	108945
district is located.	108946

Sec. 6103.04. (A) Whenever any portion of a county sewer	108947
district is incorporated as, or annexed to, a municipal	108948
corporation, the area so incorporated or annexed shall remain	108949
under the jurisdiction of the board of county commissioners for	108950
purposes of the acquisition and construction of water supply	108951
improvements until all of the improvements for the area for which	108952
a resolution described in division (A) or (E) of section 6103.05	108953
of the Revised Code has been adopted by the board have been	108954
acquired or completed or until the board has abandoned the	108955
improvements. The board, unless and until a conveyance is made to	108956
a municipal corporation in accordance with division (B) of this	108957
section, shall continue to have jurisdiction in the area so	108958
incorporated or annexed with respect to the management,	108959
maintenance, and operation of all water supply improvements so	108960
acquired or completed, or previously acquired or completed,	108961
including the right to establish rules and rates and charges for	108962
the use of, and connections to, the improvements. The	108963
incorporation or annexation of any part of a district shall not	108964
affect the legality or enforceability of any public obligations	108965
issued or incurred by the county for purposes of this chapter to	108966
provide for the payment of the cost of acquisition, construction,	108967
maintenance, or operation of any water supply improvements within	108968
the area, or the validity of any assessments levied or to be	108969
levied upon properties within the area to provide for the payment	108970
of the cost of acquisition, construction, maintenance, or	108971
operation of the improvements.	108972

(B) ~~Any~~A board may convey, by mutual agreement, to a	108973
municipal corporation any of the following:	108974

(1) Any completed water supply facilities acquired or	108975
constructed by a county under this chapter for the use of, or	108976
service of property located in, any county sewer district, or any	108977
part of those facilities, that are located within athe municipal	108978
corporation or within any area that is incorporated as, or annexed	108979
to, athe municipal corporation~~, or any~~;	108980

(2) Any part of the water supply facilities that provide	108981
water for athe municipal corporation or ~~such an area, may be~~	108982
~~conveyed, by mutual agreement between the board and the municipal~~	108983
~~corporation, to the municipal corporation on~~any area that is	108984
incorporated as, or annexed to, the municipal corporation;	108985

(3) Any part of the water supply facilities that are	108986
connected to water supply facilities of the municipal corporation.	108987

The conveyance shall be completed with terms and for	108988
consideration as may be negotiated. Upon and after the conveyance,	108989
the municipal corporation shall manage, maintain, and operate the	108990
facilities in accordance with the agreement. The board may retain	108991
the right to joint use of all or part of any facilities so	108992
conveyed for the benefit of the district. Neither the validity of	108993
any assessment levied or to be levied, nor the legality or	108994
enforceability of any public obligations issued or incurred, to	108995
provide for the payment of the cost of the acquisition,	108996
construction, maintenance, or operation of the facilities or any	108997
part of them shall be affected by the conveyance.	108998

Sec. 6103.05. (A) After the establishment of any county	108999
sewer district, the board of county commissioners, if a water	109000
supply improvement is to be undertaken, may have the county	109001
sanitary engineer prepare, or otherwise cause to be prepared, for	109002
the district, or revise as needed, a general plan of water supply	109003
that is as complete as can be developed at the time. After the	109004
general plan, in original or revised form, has been approved by	109005
the board, it may adopt a resolution generally describing the	109006
water supply improvement that is necessary to be acquired or	109007
constructed in accordance with the plan, declaring that the	109008
improvement is necessary for the preservation and promotion of the	109009
public health and welfare, and determining whether or not special	109010
assessments are to be levied and collected to pay any part of the	109011
cost of the improvement.	109012

(B) If special assessments are not to be levied and collected	109013
to pay any part of the cost of the improvement, the board, in the	109014
resolution provided for in division (A) of this section or in a	109015
subsequent resolution, including a resolution authorizing the	109016
issuance or incurrence of public obligations for the improvement,	109017
may authorize the improvement and the expenditure of the funds	109018
required for its acquisition or construction and may proceed with	109019
the improvement without regard to the procedures otherwise	109020
required by divisions (C), (D), and (E) of this section and by	109021
sections 6103.06, 6103.07, and 6117.09 to 6117.24 of the Revised	109022
Code. Those procedures shall be required only for improvements for	109023
which special assessments are to be levied and collected.	109024

(C) If special assessments are to be levied and collected	109025
pursuant to a determination made in the resolution provided for in	109026
division (A) of this section or in a subsequent resolution, the	109027
procedures referred to in division (B) of this section as being	109028
required for that purpose shall apply, and the board may have the	109029
county sanitary engineer prepare, or otherwise cause to be	109030
prepared, detailed plans, specifications, and an estimate of cost	109031
for the improvement, together with a tentative assessment of the	109032
cost based on the estimate. The tentative assessment shall be for	109033
the information of property owners and shall not be levied or	109034
certified to the county auditor for collection. The detailed	109035
plans, specifications, estimate of cost, and tentative assessment,	109036
if approved by the board, shall be carefully preserved in the	109037
office of the board or the county sanitary engineer and shall be	109038
open to the inspection of all persons interested in the	109039
improvement.	109040

(D) After the board's approval of the detailed plans,	109041
specifications, estimate of cost, and tentative assessment, and at	109042
least twenty-four days before adopting a resolution pursuant to	109043
division (E) of this section, the board, except to the extent that	109044
appropriate waivers of notice are obtained from affected owners,	109045
shall cause to be sent a notice of its intent to adopt a	109046
resolution to each owner of property proposed to be assessed that	109047
is listed on the records of the county auditor for current	109048
agricultural use value taxation pursuant to section 5713.31 of the	109049
Revised Code and that is not located in an agricultural district	109050
established under section 929.02 of the Revised Code. The notice	109051
shall satisfy all of the following:	109052

(1) Be sent by first class or certified mail;

109053

(2) Specify the proposed date of the adoption of the	109054
resolution;	109055

(3) Contain a statement that the improvement will be financed	109056
in whole or in part by special assessments and that all properties	109057
not located in an agricultural district established pursuant to	109058
section 929.02 of the Revised Code may be subject to a special	109059
assessment;	109060

(4) Contain a statement that an agricultural district may be	109061
established by filing an application with the county auditor.	109062

If it appears, by the return of the mailed notices or by	109063
other means, that one or more of the affected owners cannot be	109064
found or are not served by the mailed notice, the board shall	109065
cause the notice to be published once in a newspaper of general	109066
circulation in the county not later than ten days before the	109067
adoption of the resolution.	109068

(E) After complying with divisions (A), (C), and (D) of this	109069
section, the board may adopt a resolution declaring that the	109070
improvement, which shall be described as to its nature and its	109071
location, route, and termini, is necessary for the preservation	109072
and promotion of the public health and welfare, referring to the	109073
plans, specifications, estimate of cost, and tentative assessment,	109074
stating the place where they are on file and may be examined, and	109075
providing that the entire cost or a lesser designated part of the	109076
cost will be specially assessed against the benefited properties	109077
within the district and that any balance will be paid by the	109078
county at large from other available funds. The resolution also	109079
shall contain a description of the boundaries of that part of the	109080
district to be assessed and shall designate a time and place for	109081
objections to the improvement, to the tentative assessment, or to	109082
the boundaries of the assessment district to be heard by the	109083
board. The date of that hearing shall be not less than twenty-four	109084
days after the date of the first publication of the notice of the	109085
hearing required by this division.	109086

The board shall cause a notice of the hearing to be published	109087
once a week for two consecutive weeks in a newspaper of general	109088
circulation in the county or as provided in section 7.16 of the	109089
Revised Code, and on or before the date of the second publication,	109090
it shall cause to be sent by first class or certified mail a copy	109091
of the notice to every owner of property to be assessed for the	109092
improvement whose address is known.	109093

The notice shall set forth the time and place of the hearing,	109094
a summary description of the proposed improvement, including its	109095
general route and termini, a summary description of the area	109096
constituting the assessment district, and the place where the	109097
plans, specifications, estimate of cost, and tentative assessment	109098
are on file and may be examined. Each mailed notice also shall	109099
include a statement that the property of the addressee will be	109100
assessed for the improvement. The notice also shall be sent by	109101
first class or certified mail, on or before the date of the second	109102
publication, to the clerk, or the official discharging the duties	109103
of a clerk, of any municipal corporation any part of which lies	109104
within the assessment district and shall state whether or not any	109105
property belonging to the municipal corporation is to be assessed	109106
and, if so, shall identify that property.	109107

At the hearing, or at any adjournment of the hearing, of	109108
which no further published or mailed notice need be given, the	109109
board shall hear all parties whose properties are proposed to be	109110
assessed. Written objections to or endorsements of the proposed	109111
improvement, its character and termini, the boundaries of the	109112
assessment district, or the tentative assessment shall be received	109113
by the board for a period of five days after the completion of the	109114
hearing, and no action shall be taken by the board in the matter	109115
until after that period has elapsed. The minutes of the hearing	109116
shall be entered on the journal of the board showing the persons	109117
who appear in person or by attorney, and all written objections	109118
shall be preserved and filed in the office of the board.	109119

Sec. 6103.06. After the expiration of the period of five	109120
days provided in section 6103.05 of the Revised Code for the	109121
filing of written objections, the board of county commissioners	109122
shall determine whether it will proceed with the construction of	109123
the proposed improvement. If it decides to proceed therewith, the	109124
board shall ratify or amend the plans for the improvement, the	109125
character and termini thereof, the boundaries of the assessment	109126
district, and the tentative assessment, and may cause such	109127
revision of plans, boundaries, or assessments as is necessary to	109128
be made by the county sanitary engineer. If the boundaries of the	109129
assessment district are amended so as to include any property not	109130
included within the boundaries as established by the resolution of	109131
necessity, provided for in section 6103.05 of the Revised Code,	109132
the owners of all such property shall be notified by mail if their	109133
addresses are known, and notice shall be published once a week for	109134
two consecutive weeks in a newspaper of general circulation within	109135
the county or as provided in section 7.16 of the Revised Code,	109136
that such amendments have been adopted and that a hearing will be	109137
given by the board at a time and place stated in such notice at	109138
which all persons interested will be heard by the board. The date	109139
of such hearing shall be not less than twenty-four days after the	109140
first publication of such notice, and the hearing shall be	109141
conducted and records kept in the same manner as the first	109142
hearing. Five days shall be allowed for the filing of written	109143
objections as provided in section 6103.05 of the Revised Code for	109144
the first hearing and after the expiration of such five day period	109145
the board shall ratify the plans for the improvement, the	109146
character and termini thereof, the boundaries of the assessment	109147
district, and the tentative assessment, or shall further amend the	109148
same. If the boundaries of the assessment district are amended so	109149
as to include any property not included in the assessment district	109150
as originally established or previously amended, further notice	109151
and hearing shall be given to the owners of such property in the	109152
same manner as for the first amendment of such boundaries, and the	109153
same procedure shall be repeated until all property owners	109154
affected have been given an opportunity to be heard. If the owners	109155
of all property added to an assessment district by amendment of	109156
the original boundaries thereof waive objection to such amendment	109157
in writing, no further notice or hearing shall be given. After the	109158
board has ratified the plans for the improvement, the character	109159
and termini thereof, the boundaries of the assessment district,	109160
and the tentative assessment, either as originally presented or as	109161
amended, and if it decides to proceed therewith, the board shall	109162
adopt a resolution, to be known as the improvement resolution.	109163
Said improvement resolution shall declare the determination of	109164
such board to proceed with the construction of the improvement	109165
provided for in the resolution of necessity, in accordance with	109166
the plans and specification provided for such improvement, as	109167
ratified or amended, and whether bonds or certificates of	109168
indebtedness shall be issued in anticipation of the collection of	109169
special assessments, or that money in the county treasury	109170
unappropriated for any other purpose shall be appropriated to pay	109171
for said improvement.	109172

Sec. 6103.081. (A) After the establishment of any county	109173
sewer district, the board of county commissioners may determine by	109174
resolution that it is necessary to provide water supply	109175
improvements and to maintain and operate the improvements within	109176
the district or a designated portion of the district, that the	109177
improvements, which shall be generally described in the	109178
resolution, shall be constructed, that funds are required to pay	109179
the preliminary costs of the improvements to be incurred prior to	109180
the commencement of the proceedings for their construction, and	109181
that those funds shall be provided in accordance with this	109182
section.	109183

(B) Prior to the adoption of the resolution, the board shall	109184
give notice of its pendency and of the proposed determination of	109185
the necessity of the improvements generally described in the	109186
resolution. The notice shall set forth a description of the	109187
properties to be benefited by the improvements and the time and	109188
place of a hearing of objections to and endorsements of the	109189
improvements. The notice shall be given either by publication in a	109190
newspaper of general circulation in the county once a week for two	109191
consecutive weeks, by publication as provided in section 7.16 of	109192
the Revised Code, or by mailing a copy of the notice by first	109193
class or certified mail to the owners of the properties proposed	109194
to be assessed at their respective tax mailing addresses, or by	109195
~~both~~a combination of these manners, the first publication to be	109196
made or the mailing to occur at least two weeks prior to the date	109197
set for the hearing. At the hearing, or at any adjournment of the	109198
hearing, of which no further published or mailed notice need be	109199
given, the board shall hear all persons whose properties are	109200
proposed to be assessed and the evidence it considers to be	109201
necessary. The board then shall determine the necessity of the	109202
proposed improvements and whether the improvements shall be made	109203
by the board and, if they are to be made, shall direct the	109204
preparation of tentative assessments upon the benefited properties	109205
and by whom they shall be prepared.	109206

(C) In order to obtain funds for the preparation of a general	109207
or revised general plan of water supply for the district or part	109208
of the district, for the preparation of the detailed plans,	109209
specifications, estimate of cost, and tentative assessment for the	109210
proposed improvements, and for the cost of financing and legal	109211
services incident to the preparation of all of those plans and a	109212
plan of financing the proposed improvements, the board may levy	109213
upon the properties to be benefited in the district a preliminary	109214
assessment apportioned according to benefits or to tax valuation	109215
or partly by one method and partly by the other method as the	109216
board may determine. The assessments shall be in the amount	109217
determined to be necessary to obtain funds for the general and	109218
detailed plans and the cost of financing and legal services and	109219
shall be payable in the number of years that the board shall	109220
determine, not to exceed twenty years, together with interest on	109221
any public obligations that may be issued or incurred in	109222
anticipation of the collection of the assessments.	109223

(D) The board shall have power at any time to levy additional	109224
assessments according to benefits or to tax valuation or partly by	109225
one method and partly by the other method as the board may	109226
determine for the purposes described in division (C) of this	109227
section upon the benefited properties to complete the payment of	109228
the costs described in division (C) of this section or to pay the	109229
cost of any additional plans, specifications, estimate of cost, or	109230
tentative assessment and the cost of financing and legal services	109231
incident to the preparation of those plans and the plan of	109232
financing, which additional assessments shall be payable in the	109233
number of years that the board shall determine, not to exceed	109234
twenty years, together with interest on any public obligations	109235
that may be issued or incurred in anticipation of the collection	109236
of the additional assessments.	109237

(E) Prior to the adoption of a resolution levying assessments	109238
under this section, the board shall give notice either by one	109239
publication in a newspaper of general circulation in the county,	109240
or by mailing a copy of the notice by first class or certified	109241
mail to the owners of the properties proposed to be assessed at	109242
their respective tax mailing addresses, or by both manners, the	109243
publication to be made or the mailing to occur at least ten days	109244
prior to the date of the meeting at which the resolution shall be	109245
taken up for consideration; that notice shall state the time and	109246
place of the meeting at which the resolution is to be considered.	109247
At the time and place of the meeting, or at any adjournment of the	109248
meeting, of which no further published or mailed notice need be	109249
given, the board shall hear all persons whose properties are	109250
proposed to be assessed, shall correct any errors and make any	109251
revisions that appear to be necessary or just, and then may adopt	109252
a resolution levying upon the properties determined to be	109253
benefited the assessments as so corrected and revised.	109254

The assessments levied by the resolution shall be certified	109255
to the county auditor for collection in the same manner as taxes	109256
in the year or years in which they are payable.	109257

(F) Upon the adoption of the resolution described in division	109258
(E) of this section, no further action shall be taken or work done	109259
until ten days have elapsed. If, at the expiration of that period,	109260
no appeal has been effected by any property owner as provided in	109261
this division, the action of the board shall be final. If, at the	109262
end of that ten days, any owner of property to be assessed for the	109263
improvements has effected an appeal, no further action shall be	109264
taken and no work done in connection with the improvements under	109265
the resolution until the matters appealed from have been disposed	109266
of in court.	109267

Any owner of property to be assessed may appeal as provided	109268
and upon the grounds stated in sections 6117.09 to 6117.24 of the	109269
Revised Code.	109270

If no appeal has been perfected or if on appeal the	109271
resolution of the board is sustained, the board may authorize and	109272
enter into contracts to carry out the purpose for which the	109273
assessments have been levied without the prior issuance of notes,	109274
provided that the payments under those contracts do not fall due	109275
prior to the time by which the assessments are to be collected.	109276
The board may issue and sell bonds with a maximum maturity of	109277
twenty years in anticipation of the collection of the assessments	109278
and may issue notes in anticipation of the issuance of the bonds,	109279
which notes and bonds, as public obligations, shall be issued and	109280
sold as provided in Chapter 133. of the Revised Code.	109281

Sec. 6103.31. (A) If the board of county commissioners	109282
determines by resolution that the best interests of the county and	109283
the users of water supply facilities of the county serving a sewer	109284
district so require, the board may sell or otherwise dispose of	109285
the facilities to another public agency or a person. The	109286
resolution declaring the necessity of that disposition shall	109287
recite the reasons for the sale or other disposition and shall	109288
establish any conditions or terms that the board may impose,	109289
including, but not limited to, a minimum sales price if a sale is	109290
proposed, a requirement for the submission by bidders of the	109291
schedule of water rates and charges initially proposed to be paid	109292
by the users of the facilities, and other pertinent conditions or	109293
terms relating to the sale or other disposition. The resolution	109294
also shall designate a time and place for the hearing of	109295
objections to the sale or other disposition by the board. Notice	109296
of the adoption of the resolution and the time and place of the	109297
hearing shall be published as provided in section 7.16 of the	109298
Revised Code, or once a week for two consecutive weeks, in a	109299
newspaper of general circulation in the sewer district and in the	109300
county. The public hearing on the sale or other disposition shall	109301
be held not less than twenty-four days following the date of first	109302
publication of the notice. A copy of the notice also shall be sent	109303
by first class or certified mail, on or before the date of the	109304
second publication, to any public agency within the area served by	109305
the facilities. At the public hearing, or at any adjournment of	109306
it, of which no further published or mailed notice need be given,	109307
the board shall hear all interested parties. A period of five days	109308
shall be given following the completion of the hearing for the	109309
filing of written objections by any interested persons or public	109310
agencies to the sale or other disposition, after which the board	109311
shall consider any objections and by resolution determine whether	109312
or not to proceed with the sale or other disposition. If the board	109313
determines to proceed with the sale or other disposition, it shall	109314
receive bids after advertising once a week for four consecutive	109315
weeks in a newspaper of general circulation in the county or as	109316
provided in section 7.16 of the Revised Code and, subject to the	109317
right of the board to reject any or all bids, may make an award to	109318
a responsible bidder whose proposal is determined by the board to	109319
be in the best interests of the county and the users of the	109320
facilities.	109321

(B) A conveyance of water supply facilities by a county to a	109322
municipal corporation, in accordance with division (B) of section	109323
6103.04 of the Revised Code, may be made without regard to	109324
division (A) of this section.	109325

Sec. 6105.131. The board of directors of a watershed	109326
district may designate a specific reach in the channel of any	109327
watercourse within the territorial boundaries of the district as a	109328
restricted channel, when the construction or alteration of	109329
structures or obstructions within such channel will restrict its	109330
capacity so as to constitute an unreasonable hazard to the safety	109331
of life and property in times of flood, or designate any area	109332
outside the banks of a restricted channel as a restricted floodway	109333
when such area is reasonably necessary to the efficiency of a	109334
restricted channel as a means of carrying off flood waters. Such	109335
designation of a restricted channel or restricted floodway shall	109336
be made in the following manner:	109337

(A) The board shall adopt a resolution stating its intent to	109338
designate a specific reach in a channel of a watercourse as a	109339
restricted channel or a specific area as a restricted floodway.	109340
Such resolution shall contain a description of the reach of the	109341
channel to be designated as a restricted channel or description of	109342
the area to be designated as a restricted floodway and the reasons	109343
of the board for making such designation.	109344

(B) The board shall cause such resolution to be published as	109345
provided in section 7.16 of the Revised Code or once a week for	109346
two consecutive weeks in a newspaper of general circulation in the	109347
county or counties in which such restricted channel or restricted	109348
floodway is located, together with a notice of the time and place	109349
where a hearing will be held by the board on the question of	109350
designating such channel as a restricted channel or such area as a	109351
restricted floodway ~~and~~. The board also shall give not less than	109352
ten days notice of said hearing by first class mail to all owners	109353
of property within the area proposed to be designated as a	109354
restricted floodway. The date of such hearing shall be not less	109355
than ten days after the completion of the publication provided for	109356
by this division.	109357

(C) The board shall hold a hearing at the time and place	109358
designated in the notice published under division (B) of this	109359
section at which time indorsements of and objections to the	109360
designation of such channel as a restricted channel or such area	109361
as a restricted floodway shall be heard.	109362

(D) The board may, after the completion of the hearing under	109363
division (C) of this section and after finding that the	109364
construction or alteration of structures or obstructions or	109365
relocation, alteration, restriction, deposit, or encroachment	109366
within the designated reach of such channel will restrict its	109367
capacity so as to constitute an unreasonable hazard to the safety	109368
of life and property in times of flood, adopt a resolution	109369
designating the reach of the channel described in the resolution	109370
of intent adopted under division (A) of this section or any	109371
modification thereof as a restricted channel.	109372

(E) In like manner the board may, after completion of a	109373
hearing under division (C) of this section and after finding that	109374
the construction or alteration of structures or obstructions or	109375
change of grade within a designated floodway area will restrict	109376
its capacity or efficiency as a means of carrying off flood water	109377
so as to constitute an unreasonable hazard to the safety of life	109378
and property in times of flood, adopt a resolution designating the	109379
area described in the resolution of intent adopted under division	109380
(A) of this section, or any modification thereof, as a restricted	109381
floodway.	109382

Sec. 6109.21. (A) Except as provided in divisions (D) and	109383
(E) of this section, on and after January 1, 1994, no person shall	109384
operate or maintain a public water system in this state without a	109385
license issued by the director of environmental protection. A	109386
person who operates or maintains a public water system on January	109387
1, 1994, shall obtain an initial license under this section in	109388
accordance with the following schedule:	109389

(1) If the public water system is a community water system,	109390
not later than January 31, 1994;	109391

(2) If the public water system is not a community water	109392
system and serves a nontransient population, not later than	109393
January 31, 1994;	109394

(3) If the public water system is not a community water	109395
system and serves a transient population, not later than January	109396
31, 1995.	109397

A person proposing to operate or maintain a new public water	109398
system after January 1, 1994, in addition to complying with	109399
section 6109.07 of the Revised Code and rules adopted under it,	109400
shall submit an application for an initial license under this	109401
section to the director prior to commencing operation of the	109402
system.	109403

A license or license renewal issued under this section shall	109404
be renewed annually. Such a license or license renewal shall	109405
expire on the thirtieth day of January in the year following its	109406
issuance. A license holder that proposes to continue operating the	109407
public water system for which the license or license renewal was	109408
issued shall apply for a license renewal at least thirty days	109409
prior to that expiration date.	109410

The director shall adopt, and may amend and rescind, rules in	109411
accordance with Chapter 119. of the Revised Code establishing	109412
procedures governing and information to be included on	109413
applications for licenses and license renewals under this section.	109414
Through June 30, ~~2012~~2014, each application shall be accompanied	109415
by the appropriate fee established under division (M) of section	109416
3745.11 of the Revised Code, provided that an applicant for an	109417
initial license who is proposing to operate or maintain a new	109418
public water system after January 1, 1994, shall submit a fee that	109419
equals a prorated amount of the appropriate fee established under	109420
that division for the remainder of the licensing year.	109421

(B) Not later than thirty days after receiving a completed	109422
application and the appropriate license fee for an initial license	109423
under division (A) of this section, the director shall issue the	109424
license for the public water system. Not later than thirty days	109425
after receiving a completed application and the appropriate	109426
license fee for a license renewal under division (A) of this	109427
section, the director shall do one of the following:	109428

(1) Issue the license renewal for the public water system;

109429

(2) Issue the license renewal subject to terms and conditions	109430
that the director determines are necessary to ensure compliance	109431
with this chapter and rules adopted under it;	109432

(3) Deny the license renewal if the director finds that the	109433
public water system was not operated in substantial compliance	109434
with this chapter and rules adopted under it.	109435

(C) The director may suspend or revoke a license or license	109436
renewal issued under this section if the director finds that the	109437
public water system was not operated in substantial compliance	109438
with this chapter and rules adopted under it. The director shall	109439
adopt, and may amend and rescind, rules in accordance with Chapter	109440
119. of the Revised Code governing such suspensions and	109441
revocations.	109442

(D)(1) As used in division (D) of this section, "church"	109443
means a fellowship of believers, congregation, society,	109444
corporation, convention, or association that is formed primarily	109445
or exclusively for religious purposes and that is not formed or	109446
operated for the private profit of any person.	109447

(2) This section does not apply to a church that operates or	109448
maintains a public water system solely to provide water for that	109449
church or for a campground that is owned by the church and	109450
operated primarily or exclusively for members of the church and	109451
their families. A church that, on or before March 5, 1996, has	109452
obtained a license under this section for such a public water	109453
system need not obtain a license renewal under this section.	109454

(E) This section does not apply to any public or nonpublic	109455
school that meets minimum standards of the state board of	109456
education that operates or maintains a public water system solely	109457
to provide water for that school.	109458

(F) The environmental protection agency shall collect well	109459
log filing fees on behalf of the division of soil and water	109460
resources in the department of natural resources in accordance	109461
with section 1521.05 of the Revised Code and rules adopted under	109462
it. The fees shall be submitted to the division quarterly as	109463
provided in those rules.	109464

Sec. 6111.038. There is hereby created in the state treasury	109465
the surface water protection fund, consisting of moneys	109466
distributed to it. The director of environmental protection shall	109467
use moneys in the fund solely for administration and	109468
implementation of surface water protection programs, including at	109469
least programs required under the "Federal Water Pollution Control	109470
Act" and programs necessary to carry out the purposes of this	109471
chapter. Those programs shall include at least the development of	109472
water quality standards; the development of wasteload allocations;	109473
the establishment of water quality-based effluent limits; the	109474
monitoring and analysis of chemical, physical, and biological	109475
surface water quality; the issuance, modification, and renewal of	109476
NPDES permits and permits to install; the ensurance of compliance	109477
with permit conditions; the management and oversight of	109478
pretreatment programs; the provision of technical assistance to	109479
publicly owned treatment works; and the administration of the	109480
water pollution control loan fund created in section 6111.036 of	109481
the Revised Code.	109482

~~Moneys in the fund shall not be used to meet any state~~	109483
~~matching requirements that are necessary to obtain federal grants.~~	109484

Sec. 6111.044. Upon receipt of an application for an	109485
injection well drilling permit, an injection well operating	109486
permit, a renewal of an injection well operating permit, or a	109487
modification of an injection well drilling permit, operating	109488
permit, or renewal of an operating permit, the director of	109489
environmental protection shall determine whether the application	109490
is complete and demonstrates that the activities for which the	109491
permit, renewal permit, or modification is requested will comply	109492
with the Federal Water Pollution Control Act and regulations	109493
adopted under it; the "Safe Drinking Water Act," 88 Stat. 1661	109494
(1974), 42 U.S.C.A. 300(f), as amended, and regulations adopted	109495
under it; and this chapter and the rules adopted under it. If the	109496
application demonstrates that the proposed activities will not	109497
comply or will pose an unreasonable risk of inducing seismic	109498
activity, inducing geologic fracturing, or contamination of an	109499
underground source of drinking water, the director shall deny the	109500
application. If the application does not make the required	109501
demonstrations, the director shall return it to the applicant with	109502
an indication of those matters about which a required	109503
demonstration was not made. If the director determines that the	109504
application makes the required demonstrations, the director shall	109505
transmit copies of the application and all of the accompanying	109506
maps, data, samples, and information to the chief of the division	109507
of ~~mineral~~oil and gas resources management, the chief of the	109508
division of geological survey, ~~and~~ the chief of the division of	109509
soil and water resources, and, if the well is or is to be located	109510
in a coal bearing township designated under section 1561.06 of the	109511
Revised Code, the chief of the division of mineral resources	109512
management in the department of natural resources.	109513

The chief of the division of geological survey shall comment	109514
upon the application if the chief determines that the proposed	109515
well or injection will present an unreasonable risk of loss or	109516
damage to valuable mineral resources. If the chief submits	109517
comments on the application, those comments shall be accompanied	109518
by an evaluation of the geological factors upon which the comments	109519
are based, including fractures, faults, earthquake potential, and	109520
the porosity and permeability of the injection zone and confining	109521
zone, and by the documentation supporting the evaluation. The	109522
director shall take into consideration the chief's comments, and	109523
the accompanying evaluation of geologic factors and supporting	109524
documentation, when considering the application. The director	109525
shall provide written notice to the chief of the director's	109526
decision on the application and, if the chief's comments are not	109527
included in the permit, renewal permit, or modification, of the	109528
director's rationale for not including them.	109529

The chief of the division of ~~mineral~~oil and gas resources	109530
management shall comment upon the application if the chief	109531
determines that the proposed well or injection will present an	109532
unreasonable risk that waste or contamination of recoverable oil	109533
or gas in the earth will occur. If the chief submits comments on	109534
the application, those comments shall be accompanied by an	109535
evaluation of the oil or gas reserves that, in the best	109536
professional judgment of the chief, are recoverable and will be	109537
adversely affected by the proposed well or injection, and by the	109538
documentation supporting the evaluation. The director shall take	109539
into consideration the chief's comments, and the accompanying	109540
evaluation and supporting documentation, when considering the	109541
application. The director shall provide written notice to the	109542
chief of the director's decision on the application and, if the	109543
chief's comments are not included in the permit, renewal permit,	109544
or modification, of the director's rationale for not including	109545
them.	109546

The chief of the division of soil and water resources shall	109547
assist the director in determining whether all underground sources	109548
of drinking water in the area of review of the proposed well or	109549
injection have been identified and correctly delineated in the	109550
application. If the application fails to identify or correctly	109551
delineate an underground source of drinking water, the chief shall	109552
provide written notice of that fact to the director.	109553

The chief of the division of mineral resources management	109554
~~also~~ shall review the application as follows:	109555

If the application concerns the drilling or conversion of a	109556
well or the injection into a well that is not or is not to be	109557
located within five thousand feet of the excavation and workings	109558
of a mine, the chief of the division of mineral resources	109559
management shall note upon the application that it has been	109560
examined by the division of mineral resources management, retain a	109561
copy of the application and map, and immediately return a copy of	109562
the application to the director.	109563

If the application concerns the drilling or conversion of a	109564
well or the injection into a well that is or is to be located	109565
within five thousand feet, but more than five hundred feet from	109566
the surface excavations and workings of a mine, the chief of the	109567
division of mineral resources management immediately shall notify	109568
the owner or lessee of the mine that the application has been	109569
filed and send to the owner or lessee a copy of the map	109570
accompanying the application setting forth the location of the	109571
well. The chief of the division of mineral resources management	109572
shall note on the application that the notice has been sent to the	109573
owner or lessee of the mine, retain a copy of the application and	109574
map, and immediately return a copy of the application to the	109575
director with the chief's notation on it.	109576

If the application concerns the drilling or conversion of a	109577
well or the injection into a well that is or is to be located	109578
within five thousand feet of the underground excavations and	109579
workings of a mine or within five hundred feet of the surface	109580
excavations and workings of a mine, the chief of the division of	109581
mineral resources management immediately shall notify the owner or	109582
lessee of the mine that the application has been filed and send to	109583
the owner or lessee a copy of the map accompanying the application	109584
setting forth the location of the well. If the owner or lessee	109585
objects to the application, the owner or lessee shall notify the	109586
chief of the division of mineral resources management of the	109587
objection, giving the reasons, within six days after the receipt	109588
of the notice. If the chief of the division of mineral resources	109589
management receives no objections from the owner or lessee of the	109590
mine within ten days after the receipt of the notice by the owner	109591
or lessee, or if in the opinion of the chief of the division of	109592
mineral resources management the objections offered by the owner	109593
or lessee are not sufficiently well founded, the chief shall	109594
retain a copy of the application and map and return a copy of the	109595
application to the director with any applicable notes concerning	109596
it.	109597

If the chief of the division of mineral resources management	109598
receives an objection from the owner or lessee of the mine as to	109599
the application, within ten days after receipt of the notice by	109600
the owner or lessee, and if in the opinion of the chief the	109601
objection is well founded, the chief shall disapprove the	109602
application and immediately return it to the director together	109603
with the chief's reasons for the disapproval. The director	109604
promptly shall notify the applicant for the permit, renewal	109605
permit, or modification of the disapproval. The applicant may	109606
appeal the disapproval of the application by the chief of the	109607
division of mineral resources management to the reclamation	109608
commission created under section 1513.05 of the Revised Code, and	109609
the commission shall hear the appeal in accordance with section	109610
1513.13 of the Revised Code. The appeal shall be filed within	109611
thirty days from the date the applicant receives notice of the	109612
disapproval. No comments concerning or disapproval of an	109613
application shall be delayed by the chief of the division of	109614
mineral resources management for more than fifteen days from the	109615
date of sending of notice to the mine owner or lessee as required	109616
by this section.	109617

The director shall not approve an application for an	109618
injection well drilling permit, an injection well operating	109619
permit, a renewal of an injection well operating permit, or a	109620
modification of an injection well drilling permit, operating	109621
permit, or renewal of an operating permit for a well that is or is	109622
to be located within three hundred feet of any opening of any mine	109623
used as a means of ingress, egress, or ventilation for persons	109624
employed in the mine, nor within one hundred feet of any building	109625
or flammable structure connected with the mine and actually used	109626
as a part of the operating equipment of the mine, unless the chief	109627
of the division of mineral resources management determines that	109628
life or property will not be endangered by drilling and operating	109629
the well in that location.	109630

Upon review by the chief of the division of ~~mineral~~oil and	109631
gas resources management, the chief of the division of geological	109632
survey, and the chief of the division of soil and water resources,	109633
and if the chief of the division of mineral resources management	109634
has not disapproved the application, the director shall issue a	109635
permit, renewal permit, or modification with any terms and	109636
conditions that may be necessary to comply with the Federal Water	109637
Pollution Control Act and regulations adopted under it; the "Safe	109638
Drinking Water Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f) as	109639
amended, and regulations adopted under it; and this chapter and	109640
the rules adopted under it. The director shall not issue a permit,	109641
renewal permit, or modification to an applicant if the applicant	109642
or persons associated with the applicant have engaged in or are	109643
engaging in a substantial violation of this chapter that is	109644
endangering or may endanger human health or the environment or if,	109645
in the case of an applicant for an injection well drilling permit,	109646
the applicant, at the time of applying for the permit, did not	109647
hold an injection well operating permit or renewal of an injection	109648
well drilling permit and failed to demonstrate sufficient	109649
expertise and competency to operate the well in compliance with	109650
the applicable provisions of this chapter.	109651

If the director receives a disapproval from the chief of the	109652
division of mineral resources management regarding an application	109653
for an injection well drilling or operating permit, renewal	109654
permit, or modification, if required, the director shall issue an	109655
order denying the application.	109656

The director need not issue a proposed action under section	109657
3745.07 of the Revised Code or hold an adjudication hearing under	109658
that section and Chapter 119. of the Revised Code before issuing	109659
or denying a permit, renewal permit, or modification of a permit	109660
or renewal permit. Before issuing or renewing a permit to drill or	109661
operate a class I injection well or a modification of it, the	109662
director shall propose the permit, renewal permit, or modification	109663
in draft form and shall hold a public hearing to receive public	109664
comment on the draft permit, renewal permit, or modification. At	109665
least fifteen days before the public hearing on a draft permit,	109666
renewal permit, or modification, the director shall publish notice	109667
of the date, time, and location of the public hearing in at least	109668
one newspaper of general circulation serving the area where the	109669
well is or is to be located. The proposing of such a draft permit,	109670
renewal permit, or modification does not constitute the issuance	109671
of a proposed action under section 3745.07 of the Revised Code,	109672
and the holding of the public hearing on such a draft permit,	109673
renewal permit, or modification does not constitute the holding of	109674
an adjudication hearing under that section and Chapter 119. of the	109675
Revised Code. Appeals of orders other than orders of the chief of	109676
the division of mineral resources management shall be taken under	109677
sections 3745.04 to 3745.08 of the Revised Code.	109678

The director may order that an injection well drilling permit	109679
or an injection well operating permit or renewal permit be	109680
suspended and that activities under it cease after determining	109681
that those activities are occurring in violation of law, rule,	109682
order, or term or condition of the permit. Upon service of a copy	109683
of the order upon the permit holder or the permit holder's	109684
authorized agent or assignee, the permit and activities under it	109685
shall be suspended immediately without prior hearing and shall	109686
remain suspended until the violation is corrected and the order of	109687
suspension is lifted. If a violation is the second within a	109688
one-year period, the director, after a hearing, may revoke the	109689
permit.	109690

The director may order that an injection well drilling permit	109691
or an injection well operating permit or renewal permit be	109692
suspended and that activities under it cease if the director has	109693
reasonable cause to believe that the permit would not have been	109694
issued if the information available at the time of suspension had	109695
been available at the time a determination was made by one of the	109696
agencies acting under authority of this section. Upon service of a	109697
copy of the order upon the permit holder or the permit holder's	109698
authorized agent or assignee, the permit and activities under it	109699
shall be suspended immediately without prior hearing, but a permit	109700
may not be suspended for that reason without prior hearing unless	109701
immediate suspension is necessary to prevent waste or	109702
contamination of oil or gas, comply with the Federal Water	109703
Pollution Control Act and regulations adopted under it; the "Safe	109704
Drinking Water Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), as	109705
amended, and regulations adopted under it; and this chapter and	109706
the rules adopted under it, or prevent damage to valuable mineral	109707
resources, prevent contamination of an underground source of	109708
drinking water, or prevent danger to human life or health. If	109709
after a hearing the director determines that the permit would not	109710
have been issued if the information available at the time of the	109711
hearing had been available at the time a determination was made by	109712
one of the agencies acting under authority of this section, the	109713
director shall revoke the permit.	109714

When a permit has been revoked, the permit holder or other	109715
person responsible for it immediately shall plug the well in the	109716
manner required by the director.	109717

The director may issue orders to prevent or require cessation	109718
of violations of this section, section 6111.043, 6111.045,	109719
6111.046, or 6111.047 of the Revised Code, rules adopted under any	109720
of those sections, and terms or conditions of permits issued under	109721
any of them. The orders may require the elimination of conditions	109722
caused by the violation.	109723

Sec. 6111.46. (A) The environmental protection agency shall	109724
exercise general supervision of the treatment and disposal of	109725
sewage and industrial wastes and the operation and maintenance of	109726
works or means installed for the collection, treatment, and	109727
disposal of sewage and industrial wastes. Such general supervision	109728
shall apply to all features of construction, operation, and	109729
maintenance of the works or means that do or may affect the proper	109730
treatment and disposal of sewage and industrial wastes.	109731

(B)(1) The agency shall investigate the works or means	109732
employed in the collection, treatment, and disposal of sewage and	109733
industrial wastes whenever considered necessary or whenever	109734
requested to do so by local health officials and may issue and	109735
enforce orders and shall adopt rules governing the operation and	109736
maintenance of the works or means of treatment and disposal of	109737
such sewage and industrial wastes. In adopting rules under this	109738
section, the agency shall establish standards governing the	109739
construction, operation, and maintenance of the works or means of	109740
collection, treatment, and disposal of sewage that is generated at	109741
recreational vehicle parks, recreation camps, combined park-camps,	109742
and temporary park-camps that are separate from such standards	109743
relative to manufactured home parks.	109744

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

109745

(a) "Manufactured home parks" has the same meaning as in	109746
section ~~3733.01~~4781.01 of the Revised Code.	109747

(b) "Recreational vehicle parks," "recreation camps,"	109748
"combined park-camps," and "temporary park-camps" have the same	109749
meanings as in section 3729.01 of the Revised Code.	109750

(C) The agency may require the submission of records and data	109751
of construction, operation, and maintenance, including plans and	109752
descriptions of existing works or means of treatment and disposal	109753
of such sewage and industrial wastes. When the agency requires the	109754
submission of such records or information, the public officials or	109755
person, firm, or corporation having the works in charge shall	109756
comply promptly with that order.	109757

Sec. 6115.01. As used in sections 6115.01 to 6115.79 of the	109758
Revised Code:	109759

(A) "Publication" means once a week for three consecutive	109760
weeks in ~~each of two newspapers of different political~~	109761
~~affiliations, if there are such newspapers, and~~a newspaper of	109762
general circulation in the counties wherein publication is to be	109763
made or as provided in section 7.16 of the Revised Code.	109764
Publication need not be made on the same day of the week in each	109765
of the ~~three~~ weeks; but not less than fourteen days, excluding the	109766
day of first publication, shall intervene between the first	109767
publication and the last publication. Publication shall be	109768
complete on the date of the last publication.	109769

(B) "Person" means person, firm, partnership, association, or	109770
corporation, other than county, township, municipal corporation,	109771
or other political subdivision.	109772

(C) "Public corporation" means counties, townships, municipal	109773
corporations, school districts, road districts, ditch districts,	109774
park districts, levee districts, and all other governmental	109775
agencies clothed with the power of levying general or special	109776
taxes.	109777

(D) "Court" means the court of common pleas in which the	109778
petition for the organization of a sanitary district was filed and	109779
granted. In the case of a district lying in more than one county,	109780
"court" means the court comprised of one judge of the court of	109781
common pleas from each county as provided in section 6115.04 of	109782
the Revised Code.	109783

(E) "Land" or "property," unless otherwise specified, means	109784
real property, as "real property" is used in and defined by the	109785
laws of this state, and embraces all railroads, tramroads, roads,	109786
electric railroads, street and interurban railroads, streets and	109787
street improvements, telephones, telegraph, and transmission	109788
lines, gas, sewerage, and water systems, pipelines and	109789
rights-of-way of public service corporations, and all other real	109790
property whether public or private.	109791

(F) "Board of directors" applies to the duties of one	109792
director appointed in accordance with section 6115.10 of the	109793
Revised Code in a district lying wholly within one county.	109794

(G) "Biting arthropods" include mosquitoes, ticks, biting	109795
flies, or other biting arthropods capable of transmitting disease	109796
to humans.	109797

(H) "Bond" or "bonds" means bonds, notes, certificates of	109798
indebtedness, certificates of participation, commercial paper, and	109799
other instruments in writing, including, unless the context does	109800
not admit, bonds or notes issued in anticipation of the issuance	109801
of other bonds, issued by a sanitary district to evidence its	109802
obligation to repay money borrowed, or to pay interest, by, or to	109803
pay at any future time other money obligations of, the sanitary	109804
district.	109805

(I) "Financing costs" has the same meaning as in division (K)	109806
of section 133.01 of the Revised Code.	109807

Sec. 6115.20. (A) When it is determined to let the work	109808
relating to the improvements for which a sanitary district was	109809
established by contract, contracts in amounts to exceed ten	109810
thousand dollars shall be advertised after notice calling for bids	109811
has been published once a week for five consecutive weeks	109812
completed on the date of last publication or as provided in	109813
section 7.16 of the Revised Code, in ~~at least one~~a newspaper of	109814
general circulation within the sanitary district where the work is	109815
to be done. The board of directors of the sanitary district shall	109816
let bids as provided in this section or, if applicable, section	109817
9.312 of the Revised Code. If the bids are for a contract for the	109818
construction, demolition, alteration, repair, or reconstruction of	109819
an improvement, the board of directors of the sanitary district	109820
shall let the contract to the lowest or best bidder who meets the	109821
requirements of section 153.54 of the Revised Code. If the bids	109822
are for a contract for any other work relating to the improvements	109823
for which a sanitary district was established, the board of	109824
directors of the sanitary district shall let the contract to the	109825
lowest or best bidder who gives a good and approved bond, with	109826
ample security, conditioned on the carrying out of the contract	109827
and the payment for all labor and material. The contract shall be	109828
in writing and shall be accompanied by or shall refer to plans and	109829
specifications for the work to be done prepared by the chief	109830
engineer. The plans and specifications at all times shall be made	109831
and considered a part of the contract. The contract shall be	109832
approved by the board and signed by the president of the board and	109833
by the contractor and shall be executed in duplicate. In case of	109834
emergency the advertising of contracts may be waived upon the	109835
consent of the board with the approval of the court or judge in	109836
vacation.	109837

(B) In the case of a sanitary district organized wholly for	109838
the purpose of providing a water supply for domestic, municipal,	109839
and public use that includes two municipal corporations in two	109840
counties, any service to be purchased, including the services of	109841
an accountant, architect, attorney at law, physician, or	109842
professional engineer, at a cost in excess of ten thousand dollars	109843
shall be obtained in the manner provided in sections 153.65 to	109844
~~153.71~~153.73 of the Revised Code. For the purposes of the	109845
application of those sections to division (B) of this section, all	109846
of the following apply:	109847

(1) "Public authority," as used in those sections, shall be	109848
deemed to mean a sanitary district organized wholly for the	109849
purpose of providing a water supply for domestic, municipal, and	109850
public use that includes two municipal corporations in two	109851
counties;	109852

(2) "Professional design firm," as used in those sections,	109853
shall be deemed to mean any person legally engaged in rendering	109854
professional design services as defined in division (B)(3) of this	109855
section;	109856

(3) "Professional design services," as used in those	109857
sections, shall be deemed to mean accounting, architectural,	109858
legal, medical, or professional engineering services;	109859

(4) The use of other terms in those sections shall be adapted	109860
accordingly, including, without limitation, for the purposes of	109861
division (D)~~(2)~~ of section 153.67 of the Revised Code;	109862

(5) Divisions (A) to (C) of section 153.71 of the Revised	109863
Code do not apply.	109864

(C) The board of directors of a district organized wholly for	109865
the purpose of providing a water supply for domestic, municipal,	109866
and public use may contract for, purchase, or otherwise procure	109867
for the benefit of employees of the district and pay all or any	109868
part of the cost of group insurance policies that may provide	109869
benefits, including, but not limited to, hospitalization, surgical	109870
care, major medical care, disability, dental care, vision care,	109871
medical care, hearing aids, or prescription drugs. Any group	109872
insurance policy purchased under this division shall be purchased	109873
from the health care corporation that the board of directors	109874
determines offers the most cost-effective group insurance policy.	109875

Sec. 6117.05. (A) Whenever any portion of a sewer district	109876
is incorporated as, or annexed to, a municipal corporation, the	109877
area so incorporated or annexed shall remain under the	109878
jurisdiction of the board of county commissioners for purposes of	109879
the acquisition and construction of sanitary and drainage facility	109880
and prevention or replacement facility improvements until all of	109881
those improvements for the area for which a resolution described	109882
in division (A) or (E) of section 6117.06 of the Revised Code has	109883
been adopted by the board have been acquired or completed or until	109884
the board has abandoned the improvements. The board, unless and	109885
until a conveyance is made to a municipal corporation in	109886
accordance with division (B) of this section, shall continue to	109887
have jurisdiction in the area so incorporated or annexed with	109888
respect to the management, maintenance, and operation of all	109889
sanitary and drainage facilities and prevention or replacement	109890
facilities so acquired or completed, or previously acquired or	109891
completed, including the right to establish rules and rates and	109892
charges for the use of, and connections to, the facilities. The	109893
incorporation or annexation of any part of a district shall not	109894
affect the legality or enforceability of any public obligations	109895
issued or incurred by the county for purposes of this chapter to	109896
provide for the payment of the cost of acquisition, construction,	109897
maintenance, or operation of any sanitary or drainage facilities	109898
or prevention or replacement facilities within the area, or the	109899
validity of any assessments levied or to be levied upon properties	109900
within the area to provide for the payment of the cost of	109901
acquisition, construction, maintenance, or operation of the	109902
facilities.	109903

(B) ~~Any~~A board may convey, by mutual agreement, to a	109904
municipal corporation any of the following:	109905

(1) Any completed sanitary or drainage facilities or	109906
prevention or replacement facilities acquired or constructed by a	109907
county under this chapter for the use of, or service of property	109908
located in, any county sewer district, or any part of those	109909
facilities, that are located within athe municipal corporation	109910
or within any area that is incorporated as, or annexed to, athe	109911
municipal corporation~~, or any~~;	109912

(2) Any part of the sanitary, drainage, prevention, or	109913
replacement facilities that serve athe municipal corporation or	109914
~~such an area, may be conveyed, by mutual agreement between the~~	109915
~~board and the municipal corporation, to the municipal corporation~~	109916
onany area that is incorporated as, or annexed to, the municipal	109917
corporation;	109918

(3) Any part of the sanitary, drainage, prevention, or	109919
replacement facilities that are connected to facilities of the	109920
municipal corporation.	109921

The conveyance shall be completed with terms and for	109922
consideration as may be negotiated. Upon and after the conveyance,	109923
the municipal corporation shall manage, maintain, and operate the	109924
facilities in accordance with the agreement. The board may retain	109925
the right to joint use of all or part of any facilities so	109926
conveyed for the benefit of the district. Neither the validity of	109927
any assessment levied or to be levied, nor the legality or	109928
enforceability of any public obligations issued or incurred, to	109929
provide for the payment of the cost of the acquisition,	109930
construction, maintenance, or operation of the facilities or any	109931
part of them, shall be affected by the conveyance.	109932

Sec. 6117.06. (A) After the establishment of any sewer	109933
district, the board of county commissioners, if a sanitary or	109934
drainage facility or prevention or replacement facility	109935
improvement is to be undertaken, may have the county sanitary	109936
engineer prepare, or otherwise cause to be prepared, for the	109937
district, or revise as needed, a general plan of sewerage or	109938
drainage that is as complete in each case as can be developed at	109939
the time and that is devised with regard to any existing sanitary	109940
or drainage facilities or prevention or replacement facilities in	109941
the district and present as well as prospective needs for	109942
additional sanitary or drainage facilities or prevention or	109943
replacement facilities in the district. After the general plan, in	109944
original or revised form, has been approved by the board, it may	109945
adopt a resolution generally describing the improvement that is	109946
necessary to be acquired or constructed in accordance with the	109947
particular plan, declaring that the improvement is necessary for	109948
the preservation and promotion of the public health and welfare,	109949
and determining whether or not special assessments are to be	109950
levied and collected to pay any part of the cost of the	109951
improvement.	109952

(B) If special assessments are not to be levied and collected	109953
to pay any part of the cost of the improvement, the board, in the	109954
resolution provided for in division (A) of this section or in a	109955
subsequent resolution, including a resolution authorizing the	109956
issuance or incurrence of public obligations for the improvement,	109957
may authorize the improvement and the expenditure of the funds	109958
required for its acquisition or construction and may proceed with	109959
the improvement without regard to the procedures otherwise	109960
required by divisions (C), (D), and (E) of this section and by	109961
sections 6117.07 to 6117.24 of the Revised Code. Those procedures	109962
are required only for improvements for which special assessments	109963
are to be levied and collected.	109964

(C) If special assessments are to be levied and collected	109965
pursuant to a determination made in the resolution provided for in	109966
division (A) of this section or in a subsequent resolution, the	109967
procedures referred to in division (B) of this section as being	109968
required for that purpose shall apply, and the board may have the	109969
county sanitary engineer prepare, or otherwise cause to be	109970
prepared, detailed plans, specifications, and an estimate of cost	109971
for the improvement, together with a tentative assessment of the	109972
cost based on the estimate. The tentative assessment shall be for	109973
the information of property owners and shall not be levied or	109974
certified to the county auditor for collection. The detailed	109975
plans, specifications, estimate of cost, and tentative assessment,	109976
if approved by the board, shall be carefully preserved in the	109977
office of the board or the county sanitary engineer and shall be	109978
open to the inspection of all persons interested in the	109979
improvement.	109980

(D) After the board's approval of the detailed plans,	109981
specifications, estimate of cost, and tentative assessment, and at	109982
least twenty-four days before adopting a resolution pursuant to	109983
division (E) of this section, the board, except to the extent that	109984
appropriate waivers of notice are obtained from affected owners,	109985
shall cause to be sent a notice of its intent to adopt the	109986
resolution to each owner of property proposed to be assessed that	109987
is listed on the records of the county auditor for current	109988
agricultural use value taxation pursuant to section 5713.31 of the	109989
Revised Code and that is not located in an agricultural district	109990
established under section 929.02 of the Revised Code. The notice	109991
shall satisfy all of the following:	109992

(1) Be sent by first class or certified mail;

109993

(2) Specify the proposed date of the adoption of the	109994
resolution;	109995

(3) Contain a statement that the improvement will be financed	109996
in whole or in part by special assessments and that all properties	109997
not located in an agricultural district established pursuant to	109998
section 929.02 of the Revised Code may be subject to a special	109999
assessment;	110000

(4) Contain a statement that an agricultural district may be	110001
established by filing an application with the county auditor.	110002

If it appears, by the return of the mailed notices or by	110003
other means, that one or more of the affected owners cannot be	110004
found or are not served by the mailed notice, the board shall	110005
cause the notice to be published once in a newspaper of general	110006
circulation in the county not later than ten days before the	110007
adoption of the resolution.	110008

(E) After complying with divisions (A), (C), and (D) of this	110009
section, the board may adopt a resolution declaring that the	110010
improvement, which shall be described as to its nature and its	110011
location, route, and termini, is necessary for the preservation	110012
and promotion of the public health and welfare, referring to the	110013
plans, specifications, estimate of cost, and tentative assessment,	110014
stating the place where they are on file and may be examined, and	110015
providing that the entire cost or a lesser designated part of the	110016
cost will be specially assessed against the benefited properties	110017
within the district and that any balance will be paid by the	110018
county at large from other available funds. The resolution also	110019
shall contain a description of the boundaries of that part of the	110020
district to be assessed and shall designate a time and place for	110021
objections to the improvement, to the tentative assessment, or to	110022
the boundaries of the assessment district to be heard by the	110023
board. The date of that hearing shall be not less than twenty-four	110024
days after the date of the first publication of the notice of the	110025
hearing required by this division.	110026

The board shall cause a notice of the hearing to be published	110027
once a week for two consecutive weeks in a newspaper of general	110028
circulation in the county~~, and on~~or as provided in section 7.16	110029
of the Revised Code. On or before the date of the second	110030
publication, itthe board shall cause to be sent by first class or	110031
certified mail a copy of the notice to every owner of property to	110032
be assessed for the improvement whose address is known.	110033

The notice shall set forth the time and place of the hearing,	110034
a summary description of the proposed improvement, including its	110035
general route and termini, a summary description of the area	110036
constituting the assessment district, and the place where the	110037
plans, specifications, estimate of cost, and tentative assessment	110038
are on file and may be examined. Each mailed notice also shall	110039
include a statement that the property of the addressee will be	110040
assessed for the improvement. The notice also shall be sent by	110041
first class or certified mail, on or before the date of the second	110042
publication, to the clerk, or to the official discharging the	110043
duties of a clerk, of any municipal corporation any part of which	110044
lies within the assessment district and shall state whether or not	110045
any property belonging to the municipal corporation is to be	110046
assessed and, if so, shall identify that property.	110047

At the hearing, or at any adjournment of the hearing, of	110048
which no further published or mailed notice need be given, the	110049
board shall hear all parties whose properties are proposed to be	110050
assessed. Written objections to or endorsements of the proposed	110051
improvement, its character and termini, the boundaries of the	110052
assessment district, or the tentative assessment shall be received	110053
by the board for a period of five days after the completion of the	110054
hearing, and no action shall be taken by the board in the matter	110055
until after that period has elapsed. The minutes of the hearing	110056
shall be entered on the journal of the board, showing the persons	110057
who appear in person or by attorney, and all written objections	110058
shall be preserved and filed in the office of the board.	110059

Sec. 6117.07. After the expiration of the period of five	110060
days provided for in section 6117.06 of the Revised Code for the	110061
filing of written objections, the board of county commissioners	110062
shall determine whether or not it will proceed with the	110063
construction of the improvement mentioned in such section. Notice	110064
of the time and place of each meeting of the board of county	110065
commissioners, at which the resolution to proceed with the	110066
construction of such improvement will be considered, shall be	110067
given in writing to all persons who filed written objections as	110068
provided in section 6117.06 of the Revised Code. Such notice shall	110069
contain the following language in addition to the time and place	110070
of the meeting of the board: "any person, firm, or corporation	110071
desiring to appeal from the final order or judgment of the board	110072
upon any of the questions mentioned in section 6117.09 of the	110073
Revised Code shall, on or before the date of the passage of the	110074
improvement resolution, give notice in writing of an intention to	110075
appeal, specifying therein the matters to be appealed from." If it	110076
decides to proceed therewith, the board shall ratify or amend the	110077
plans for the improvement and the character and termini thereof,	110078
the boundaries of the assessment district, and the tentative	110079
assessment, and may cause such revision of plans, boundaries, or	110080
assessments as the board considers necessary to be made by the	110081
county sanitary engineer. If the boundaries of the assessment	110082
district are amended so as to include any property not included	110083
within the boundaries as established by the resolution of	110084
necessity provided for in section 6117.06 of the Revised Code, the	110085
owners of all such property shall be notified by mail if their	110086
addresses are known, and notice shall be published once a week for	110087
two consecutive weeks in a newspaper of general circulation within	110088
the county or as provided in section 7.16 of the Revised Code that	110089
such amendments have been adopted and that a hearing will be given	110090
by the board at a time and place stated in such notice, at which	110091
all persons interested will be heard by the board. The date of	110092
such hearing shall be not less than twenty-four days after the	110093
first publication of such notice, and the hearing shall be	110094
conducted and records kept in the same manner as the first	110095
hearing. Five days shall be allowed for the filing of written	110096
objections as provided in such section for the first hearing.	110097

After the expiration of such five day period, the board shall	110098
ratify the plans for the improvement and the character and termini	110099
thereof, the boundaries of the assessment district, and the	110100
tentative assessment, or shall further amend the same. If the	110101
boundaries of the assessment district are amended so as to include	110102
any property not included in the assessment district as originally	110103
established or previously amended, further notice and hearing	110104
shall be given to the owners of such property in the same manner	110105
as for the first amendment of such boundaries, and the same	110106
procedure shall be repeated until all property owners affected	110107
have been given an opportunity to be heard. If the owners of all	110108
property added to an assessment district by amendment of the	110109
original boundaries thereof waive objection to such amendment in	110110
writing, no further notice or hearing shall be given.	110111

After the board has ratified the plans for the improvement	110112
and the character and termini thereof, the boundaries of the	110113
assessment district, and the tentative assessment, either as	110114
originally presented or as amended, and if it decides to proceed	110115
therewith, the board shall adopt a resolution to be known as the	110116
improvement resolution. Said improvement resolution shall declare	110117
the determination of such board to proceed with the construction	110118
of the improvement provided for in the resolution of necessity, in	110119
accordance with the plans and specifications provided for such	110120
improvement as ratified or amended, and whether bonds or	110121
certificates of indebtedness shall be issued in anticipation of	110122
the collection of special assessments, as provided in section	110123
6117.08 to 6117.45, inclusive, of the Revised Code, or that money	110124
in the county treasury unappropriated for any other purpose shall	110125
be appropriated to pay for said improvement.	110126

Sec. 6117.251. (A) After the establishment of any county	110127
sewer district, the board of county commissioners may determine by	110128
resolution that it is necessary to provide sanitary or drainage	110129
facility improvements or prevention or replacement facility	110130
improvements and to maintain and operate the improvements within	110131
the district or a designated portion of the district, that the	110132
improvements, which shall be generally described in the	110133
resolution, shall be constructed, that funds are required to pay	110134
the preliminary costs of the improvements to be incurred prior to	110135
the commencement of the proceedings for their construction, and	110136
that those funds shall be provided in accordance with this	110137
section.	110138

(B) Prior to the adoption of the resolution, the board shall	110139
give notice of its pendency and of the proposed determination of	110140
the necessity of the improvements generally described in the	110141
resolution. The notice shall set forth a description of the	110142
properties to be benefited by the improvements and the time and	110143
place of a hearing of objections to and endorsements of the	110144
improvements. The notice shall be given ~~either~~ by publication in a	110145
newspaper of general circulation in the county once a week for two	110146
consecutive weeks, orby publication as provided in section 7.16	110147
of the Revised Code, by mailing a copy of the notice by first	110148
class or certified mail to the owners of the properties proposed	110149
to be assessed at their respective tax mailing addresses, or by	110150
~~both~~a combination of these manners, the first publication to be	110151
made or the mailing to occur at least two weeks prior to the date	110152
set for the hearing. At the hearing, or at any adjournment of the	110153
hearing, of which no further published or mailed notice need be	110154
given, the board shall hear all persons whose properties are	110155
proposed to be assessed and the evidence it considers to be	110156
necessary. The board then shall determine the necessity of the	110157
proposed improvements and whether the improvements shall be made	110158
by the board and, if they are to be made, shall direct the	110159
preparation of tentative assessments upon the benefited properties	110160
and by whom they shall be prepared.	110161

(C) In order to obtain funds for the preparation of a general	110162
or revised general plan of sewerage or drainage for the district	110163
or part of the district, for the preparation of the detailed	110164
plans, specifications, estimate of cost, and tentative assessment	110165
for the proposed improvements, and for the cost of financing and	110166
legal services incident to the preparation of all of those plans	110167
and a plan of financing the proposed improvements, the board may	110168
levy upon the properties to be benefited in the district a	110169
preliminary assessment apportioned according to benefits or to tax	110170
valuation or partly by one method and partly by the other method	110171
as the board may determine. The assessments shall be in the amount	110172
determined to be necessary to obtain funds for the general and	110173
detailed plans and the cost of financing and legal services and	110174
shall be payable in the number of years that the board shall	110175
determine, not to exceed twenty years, together with interest on	110176
any public obligations that may be issued or incurred in	110177
anticipation of the collection of the assessments.	110178

(D) The board shall have power at any time to levy additional	110179
assessments according to benefits or to tax valuation or partly by	110180
one method and partly by the other method as the board may	110181
determine for the purposes described in division (C) of this	110182
section upon the benefited properties to complete the payment of	110183
the costs described in division (C) of this section or to pay the	110184
cost of any additional plans, specifications, estimate of cost, or	110185
tentative assessment and the cost of financing and legal services	110186
incident to the preparation of those plans and the plan of	110187
financing, which additional assessments shall be payable in the	110188
number of years that the board shall determine, not to exceed	110189
twenty years, together with interest on any public obligations	110190
that may be issued or incurred in anticipation of the collection	110191
of the additional assessments.	110192

(E) Prior to the adoption of a resolution levying assessments	110193
under this section, the board shall give notice either by one	110194
publication in a newspaper of general circulation in the county,	110195
or by mailing a copy of the notice by first class or certified	110196
mail to the owners of the properties proposed to be assessed at	110197
their respective tax mailing addresses, or by both manners, the	110198
publication to be made or the mailing to occur at least ten days	110199
prior to the date of the meeting at which the resolution shall be	110200
taken up for consideration; that notice shall state the time and	110201
place of the meeting at which the resolution is to be considered.	110202
At the time and place of the meeting, or at any adjournment of the	110203
meeting, of which no further published or mailed notice need be	110204
given, the board shall hear all persons whose properties are	110205
proposed to be assessed, shall correct any errors and make any	110206
revisions that appear to be necessary or just, and then may adopt	110207
a resolution levying upon the properties determined to be	110208
benefited the assessments as so corrected and revised.	110209

The assessments levied by the resolution shall be certified	110210
to the county auditor for collection in the same manner as taxes	110211
in the year or years in which they are payable.	110212

(F) Upon the adoption of the resolution described in division	110213
(E) of this section, no further action shall be taken or work done	110214
until ten days have elapsed. If, at the expiration of that period,	110215
no appeal has been effected by any property owner as provided in	110216
this division, the action of the board shall be final. If, at the	110217
end of that ten days, any owner of property to be assessed for the	110218
improvements has effected an appeal, no further action shall be	110219
taken and no work done in connection with the improvements under	110220
the resolution until the matters appealed from have been disposed	110221
of in court.	110222

Any owner of property to be assessed may appeal as provided	110223
and upon the grounds stated in sections 6117.09 to 6117.24 of the	110224
Revised Code.	110225

If no appeal has been perfected or if on appeal the	110226
resolution of the board is sustained, the board may authorize and	110227
enter into contracts to carry out the purposes for which the	110228
assessments have been levied without the prior issuance of notes,	110229
provided that the payments under those contracts do not fall due	110230
prior to the time by which the assessments are to be collected.	110231
The board may issue and sell bonds with a maximum maturity of	110232
twenty years in anticipation of the collection of the assessments	110233
and may issue notes in anticipation of the issuance of the bonds,	110234
which notes and bonds, as public obligations, shall be issued and	110235
sold as provided in Chapter 133. of the Revised Code.	110236

Sec. 6117.49. (A) If the board of county commissioners	110237
determines by resolution that the best interests of the county and	110238
those served by the sanitary or drainage facilities or the	110239
prevention or replacement facilities of a county sewer district so	110240
require, the board may sell or otherwise dispose of the facilities	110241
to another public agency or a person. The resolution declaring the	110242
necessity of that disposition shall recite the reasons for the	110243
sale or other disposition and shall establish any conditions or	110244
terms that the board may impose, including, but not limited to, a	110245
minimum sales price if a sale is proposed, a requirement for the	110246
submission by bidders of the schedule of rates and charges	110247
initially proposed to be paid for the services of the facilities,	110248
and other pertinent conditions or terms relating to the sale or	110249
other disposition. The resolution also shall designate a time and	110250
place for the hearing of objections to the sale or other	110251
disposition by the board. Notice of the adoption of the resolution	110252
and the time and place of the hearing shall be published as	110253
provided in section 7.16 of the Revised Code or once a week for	110254
two consecutive weeks, in a newspaper of general circulation in	110255
the sewer district and in the county. The public hearing on the	110256
sale or other disposition shall be held not less than twenty-four	110257
days following the date of first publication of the notice. A copy	110258
of the notice also shall be sent by first class or certified mail,	110259
on or before the date of the second publication, to any public	110260
agency within the area served by the facilities. At the public	110261
hearing, or at any adjournment of it, of which no further	110262
published or mailed notice need be given, the board shall hear all	110263
interested parties. A period of five days shall be given following	110264
the completion of the hearing for the filing of written objections	110265
by any interested persons or public agencies to the sale or other	110266
disposition, after which the board shall consider any objections	110267
and by resolution determine whether or not to proceed with the	110268
sale or other disposition. If the board determines to proceed with	110269
the sale or other disposition, it shall receive bids after	110270
advertising once a week for four consecutive weeks or as provided	110271
in section 7.16 of the Revised Code, in a newspaper of general	110272
circulation in the county and, subject to the right of the board	110273
to reject any or all bids, may make an award to a responsible	110274
bidder whose proposal is determined by the board to be in the best	110275
interests of the county and those served by the facilities.	110276

(B) A conveyance of sanitary or drainage facilities or of	110277
prevention or replacement facilities by a county to a municipal	110278
corporation in accordance with division (B) of section 6117.05 of	110279
the Revised Code may be made without regard to division (A) of	110280
this section.	110281

Sec. 6119.10. The board of trustees of a regional water and	110282
sewer district or any officer or employee designated by the board	110283
may make any contract for the purchase of supplies or material or	110284
for labor for any work, under the supervision of the board, the	110285
cost of which shall not exceed twenty-five thousand dollars. When	110286
an expenditure, other than for the acquisition of real estate and	110287
interests in real estate, the discharge of noncontractual claims,	110288
personal services, the joint use of facilities or the exercise of	110289
powers with other political subdivisions, or the product or	110290
services of public utilities, exceeds twenty-five thousand	110291
dollars, the expenditures shall be made only after a notice	110292
calling for bids has been published ~~not less than~~ two consecutive	110293
weeks in ~~at least~~ one newspaper ~~having a~~of general circulation	110294
within the district or as provided in section 7.16 of the Revised	110295
Code. If the bids are for a contract for the construction,	110296
demolition, alteration, repair, or reconstruction of an	110297
improvement, the board may let the contract to the lowest and best	110298
bidder who meets the requirements of section 153.54 of the Revised	110299
Code. If the bids are for a contract for any other work relating	110300
to the improvements for which a regional water and sewer district	110301
was established, the board of trustees of the regional water and	110302
sewer district may let the contract to the lowest or best bidder	110303
who gives a good and approved bond with ample security conditioned	110304
on the carrying out of the contract. The contract shall be in	110305
writing and shall be accompanied by or shall refer to plans and	110306
specifications for the work to be done, approved by the board. The	110307
plans and specifications shall at all times be made and considered	110308
part of the contract. The contract shall be approved by the board	110309
and signed by its president or other duly authorized officer and	110310
by the contractor. In case of a real and present emergency, the	110311
board of trustees of the district, by two-thirds vote of all	110312
members, may authorize the president or other duly authorized	110313
officer to enter into a contract for work to be done or for the	110314
purchase of supplies or materials without formal bidding or	110315
advertising. All contracts shall have attached the certificate	110316
required by section 5705.41 of the Revised Code duly executed by	110317
the secretary of the board of trustees of the district. The	110318
district may make improvements by force account or direct labor,	110319
provided that, if the estimated cost of supplies or material for	110320
any such improvement exceeds twenty-five thousand dollars, bids	110321
shall be received as provided in this section. For the purposes of	110322
the competitive bidding requirements of this section, the board	110323
shall not sever a contract for supplies or materials and labor	110324
into separate contracts for labor, supplies, or materials if the	110325
contracts are in fact a part of a single contract required to be	110326
bid competitively under this section.	110327

Sec. 6119.18. The board of trustees of a regional water and	110328
sewer district, by a vote of two-thirds of all its members, may	110329
declare by resolution that it is necessary to levy a tax in excess	110330
of the ten-mill limitation for the purpose of providing funds to	110331
pay current expenses of the district or for the purpose of paying	110332
any portion of the cost of one or more water resource projects or	110333
parts thereof or for both of such purposes, and that the question	110334
of such tax levy shall be submitted to the electors of the	110335
district at a general or primary election. Such resolution shall	110336
conform to the requirements of section 5705.19 of the Revised	110337
Code, except as otherwise permitted by this section and except	110338
that such levy may be for a period not longer than ten years. The	110339
resolution shall go into immediate effect upon its passage and no	110340
publication of the resolution is necessary other than that	110341
provided for in the notice of election. A copy of such resolution	110342
shall, immediately after its passage, be certified to the board of	110343
elections of the proper county or counties in the manner provided	110344
by section 5705.25 of the Revised Code, and such section shall	110345
govern the arrangements for the submission of such question and	110346
other matters with respect to such election to which such section	110347
refers. Publication of the notice of that election shall be made	110348
in one ~~or more newspapers having a~~newspaper of general	110349
circulation in the district once a week for two consecutive weeks	110350
prior to the election, ~~and, if~~or as provided in section 7.16 of	110351
the Revised Code. If the board of elections operates and maintains	110352
a web site, the board of elections shall post notice of the	110353
election on its web site for thirty days prior to the election.	110354

If a majority of the electors voting on the question vote in	110355
favor thereof, the board may make the necessary levy within the	110356
district at the additional rate or at any lesser rate on the tax	110357
list and duplicate for the purpose or purposes stated in the	110358
resolution.	110359

The taxes realized from such levy shall be collected at the	110360
same time and in the same manner as other taxes on such tax list	110361
and duplicate and such taxes, when collected, shall be paid to the	110362
district and deposited by it in a special fund which shall be	110363
established by the district for all revenues derived from such	110364
levy and for the proceeds of anticipation notes which shall be	110365
deposited in such fund.	110366

After the approval of such levy, the district may anticipate	110367
a fraction of the proceeds of such levy and, from time to time,	110368
during the life of such levy, issue anticipation notes in an	110369
amount not exceeding fifty per cent of the estimated proceeds of	110370
such levy to be collected in each year up to a period of five	110371
years after the date of issuance of such notes, less an amount	110372
equal to the proceeds of such levy previously obligated for each	110373
year by the issuance of anticipation notes, provided that the	110374
total amount maturing in any one year shall not exceed fifty per	110375
cent of the anticipated proceeds of such levy for that year. Each	110376
issue of notes shall be sold as provided in Chapter 133. of the	110377
Revised Code, and shall, except for such limitation that the total	110378
amount of such notes maturing in any one year shall not exceed	110379
fifty per cent of the anticipated proceeds of such levy for that	110380
year, mature serially in substantially equal installments during	110381
each year over a period not to exceed five years after their	110382
issuance.	110383

Sec. 6119.22. When a plan of sewerage devised in accordance	110384
with section 6119.19 of the Revised Code has been prepared, the	110385
board of trustees of the regional water and sewer district shall	110386
give at least ten days' notice in one newspaper of general	110387
circulation in such area or give notice as provided in section	110388
7.16 of the Revised Code, stating that such plans have been	110389
prepared and are filed in the office of the secretary of the board	110390
for examination and inspection by the parties interested.	110391

Any objection to such plan shall then be made to the board	110392
and it may amend or correct such plan, and shall thereupon file it	110393
as amended, or if no amendments are made, it shall file the	110394
original plan in the office of the secretary.	110395

Sec. 6119.25. When the board of trustees of a regional water	110396
and sewer district deems it necessary to construct all or a part	110397
of the sewers provided for in the plan devised in accordance with	110398
section 6119.19 of the Revised Code, the board shall declare by	110399
resolution the necessity thereof. Such resolution shall contain a	110400
declaration of the necessity of such improvement, a statement of	110401
the districts, areas, or parts thereof proposed to be constructed,	110402
the character of the materials to be used, a reference to the	110403
plans and specifications, where they are on file, and the mode of	110404
payment therefor, and shall publish the resolution once a week for	110405
not less than two nor more than four consecutive weeks in one	110406
newspaper of general circulation in the area or as provided in	110407
section 7.16 of the Revised Code.	110408

Sec. 6119.58. In order to obtain funds for the preparation	110409
of plans, specifications, estimates of cost, tentative	110410
assessments, and a plan of financing for any water resource	110411
project or part thereof, the board of trustees of a regional water	110412
and sewer district may levy upon the property in such district to	110413
be benefited by such project assessments apportioned in accordance	110414
with one or more of the methods set forth in section 6119.42 of	110415
the Revised Code. The aggregate of such assessments shall not	110416
exceed the amount determined by the board of trustees to be	110417
necessary for such purpose, including costs of financing, legal	110418
services, and other incidental costs, and shall be payable in such	110419
number of annual installments, not less than one, as the board of	110420
trustees prescribes, together with interest on any water resource	110421
revenue notes and bonds which may be issued in anticipation of the	110422
collection of such assessments.	110423

If the board of trustees proposes to obtain funds in	110424
accordance with this section, it shall determine by resolution	110425
that it is necessary to construct the water resource project and	110426
to maintain and operate the same on behalf of the district.	110427

Prior to the adoption of the resolution making such	110428
determination, the board of trustees shall give notice of the	110429
pendency thereof and of the proposed determination of the	110430
necessity of the construction of such project therein generally	110431
described, and such notice shall set forth a description of the	110432
properties to be benefited by such project and the time and place	110433
of a hearing of objections to, and endorsements of, such project.	110434
Such notice shall be given by publication in ~~at least~~ one	110435
newspaper ~~having a~~of general circulation in the district once a	110436
week for two consecutive weeks or as provided in section 7.16 of	110437
the Revised Code, the first publication to be at least two weeks	110438
prior to the date set for the hearing, provided that the board of	110439
trustees may give, or cause to be given, such alternative or	110440
further notice of such hearing as it finds to be necessary or	110441
appropriate. At such hearing, or at any adjournment thereof, of	110442
which no further notice need be given, the board of trustees shall	110443
hear all owners whose properties are proposed to be assessed and	110444
such other evidence as is considered to be necessary, and may then	110445
adopt its resolution determining that the proposed project is	110446
necessary and should be undertaken by the district. In such	110447
resolution, the board of trustees shall direct the preparation of	110448
the estimated assessments upon the benefited properties and by	110449
whom they shall be prepared.	110450

After such assessments have been prepared and filed in the	110451
office of the secretary of the board of trustees and prior to the	110452
adoption of the resolution levying such assessments, the board of	110453
trustees shall give notice of the pendency of such resolution and	110454
of the proposed determination to levy such assessments, and such	110455
notice shall set forth the time and place of a hearing of	110456
objections to such assessments. Such notice shall be given by	110457
publication once in ~~at least~~ one newspaper ~~having a~~of general	110458
circulation in the district, such publication to be made at least	110459
ten days prior to the date set for the hearing, provided that the	110460
board of trustees may give or cause to be given, such alternative	110461
of further notice of such hearing as it finds to be necessary or	110462
appropriate. At such hearing, or at any adjournment thereof, of	110463
which no further notice need be given, the board of trustees shall	110464
hear all persons whose properties are proposed to be assessed,	110465
shall correct any errors and make any revisions in the estimated	110466
assessments that appear to be necessary or just, and may then	110467
adopt a resolution levying upon the properties determined to be	110468
benefited the assessments as originally prepared or as so	110469
corrected and revised.	110470

The board of trustees shall have the power at any time to	110471
levy additional assessments upon such properties to complete the	110472
payment of the costs for which the original assessments were	110473
levied or to provide funds for any additional plans,	110474
specifications, estimates of cost, tentative assessments, and	110475
other incidental costs, provided that the board shall first have	110476
held a hearing on objections to such additional assessments in the	110477
same manner as required by this section with respect to such	110478
original assessments. Such additional assessments shall be payable	110479
in such number of annual installments, not less than one, as the	110480
board of trustees prescribes, together with interest on any water	110481
resource revenue notes and bonds which may be issued in	110482
anticipation of the collection of such assessments.	110483

The board of trustees may authorize contracts to carry out	110484
the purposes for which such assessments have been levied without	110485
the prior issuance of water resource revenue notes and bonds,	110486
provided that the payments to be made by the district do not fall	110487
due prior to the times when such assessments shall be collected.	110488

Section 101.02. That existing sections 7.10, 7.11, 7.12,	110489
9.03, 9.06, 9.231, 9.24, 9.33, 9.331, 9.332, 9.333, 9.90, 101.15,	110490
102.02, 105.41, 107.09, 109.02, 109.36, 109.42, 109.57, 109.572,	110491
111.12, 111.16, 111.18, 117.101, 117.13, 118.023, 118.04, 118.05,	110492
118.06, 118.12, 118.17, 118.99, 121.03, 121.04, 121.22, 121.37,	110493
121.40, 121.401, 121.402, 121.403, 121.404, 122.085, 122.088,	110494
122.0810, 122.0816, 122.0819, 122.121, 122.171, 122.65, 122.652,	110495
122.653, 122.657, 122.76, 123.011, 124.09, 124.23, 124.231,	110496
124.24, 124.25, 124.26, 124.27, 124.31, 124.34, 124.393, 125.021,	110497
125.15, 125.18, 125.28, 125.89, 126.12, 126.21, 126.24, 126.50,	110498
127.16, 131.23, 131.44, 131.51, 133.06, 133.18, 133.20, 133.55,	110499
135.05, 135.61, 135.65, 135.66, 145.27, 149.01, 149.091, 149.11,	110500
149.311, 153.01, 153.02, 153.03, 153.07, 153.08, 153.50, 153.51,	110501
153.52, 153.54, 153.56, 153.57, 153.581, 153.65, 153.66, 153.67,	110502
153.69, 153.70, 153.71, 153.80, 154.02, 154.07, 164.02, 164.04,	110503
164.05, 164.051, 164.06, 164.08, 164.14, 164.21, 166.02, 173.14,	110504
173.21, 173.26, 173.35, 173.351, 173.36, 173.391, 173.40, 173.401,	110505
173.403, 173.404, 173.42, 173.45, 173.46, 173.47, 173.48, 173.501,	110506
183.30, 183.51, 185.01, 185.03, 185.06, 185.10, 301.02, 301.15,	110507
301.28, 306.35, 306.43, 306.70, 307.022, 307.041, 307.10, 307.12,	110508
307.676, 307.70, 307.79, 307.791, 307.81, 307.82, 307.83, 307.86,	110509
308.13, 317.20, 319.11, 319.301, 319.54, 321.18, 322.02, 322.021,	110510
322.08, 323.73, 323.78, 324.02, 324.021, 340.02, 340.03, 340.05,	110511
340.091, 340.11, 341.192, 343.08, 345.03, 349.01, 349.03, 349.04,	110512
349.06, 349.07, 349.09, 349.14, 501.07, 503.05, 503.162, 503.41,	110513
504.02, 504.03, 504.12, 504.21, 505.101, 505.108, 505.17, 505.264,	110514
505.28, 505.373, 505.55, 505.73, 507.09, 511.23, 511.25, 511.28,	110515
511.34, 513.14, 515.04, 517.12, 517.22, 521.03, 705.16, 711.35,	110516
715.011, 715.47, 718.01, 718.09, 718.10, 719.012, 719.05, 721.03,	110517
721.15, 721.20, 723.07, 727.011, 727.012, 727.08, 727.14, 727.46,	110518
729.08, 729.11, 731.141, 731.20, 731.21, 731.211, 731.22, 731.23,	110519
731.24, 731.25, 735.05, 735.20, 737.32, 742.41, 745.07, 747.05,	110520
747.11, 747.12, 755.16, 755.29, 755.41, 755.42, 755.43, 759.47,	110521
901.09, 924.52, 927.69, 951.11, 1309.528, 1327.46, 1327.50,	110522
1327.51, 1327.511, 1327.54, 1327.57, 1327.62, 1327.99, 1329.04,	110523
1329.42, 1332.24, 1501.022, 1501.40, 1503.05, 1505.01, 1505.04,	110524
1505.06, 1505.09, 1505.11, 1505.99, 1509.01, 1509.02, 1509.021,	110525
1509.03, 1509.04, 1509.041, 1509.05, 1509.06, 1509.061, 1509.062,	110526
1509.07, 1509.071, 1509.072, 1509.073, 1509.08, 1509.09, 1509.10,	110527
1509.11, 1509.12, 1509.13, 1509.14, 1509.15, 1509.17, 1509.181,	110528
1509.19, 1509.21, 1509.22, 1509.221, 1509.222, 1509.223, 1509.224,	110529
1509.225, 1509.226, 1509.23, 1509.24, 1509.25, 1509.26, 1509.27,	110530
1509.28, 1509.29, 1509.31, 1509.32, 1509.33, 1509.34, 1509.36,	110531
1509.38, 1509.40, 1509.50, 1510.01, 1510.08, 1515.08, 1515.14,	110532
1515.24, 1517.02, 1531.04, 1541.03, 1541.05, 1545.09, 1545.12,	110533
1547.302, 1551.311, 1551.32, 1551.33, 1551.35, 1555.02, 1555.03,	110534
1555.04, 1555.05, 1555.06, 1555.08, 1555.17, 1561.06, 1561.12,	110535
1561.13, 1561.35, 1561.49, 1563.06, 1563.24, 1563.28, 1571.01,	110536
1571.02, 1571.03, 1571.04, 1571.05, 1571.06, 1571.08, 1571.09,	110537
1571.10, 1571.11, 1571.14, 1571.16, 1571.18, 1571.99, 1701.07,	110538
1702.59, 1703.031, 1703.07, 1707.11, 1707.17, 1711.05, 1711.07,	110539
1711.18, 1711.30, 1728.06, 1728.07, 1751.01, 1751.04, 1751.11,	110540
1751.111, 1751.12, 1751.13, 1751.15, 1751.17, 1751.20, 1751.31,	110541
1751.34, 1751.60, 1761.04, 1776.83, 1785.06, 1901.18, 1909.11,	110542
1923.01, 1923.02, 1923.061, 1923.15, 2101.08, 2105.09, 2151.011,	110543
2151.312, 2151.354, 2151.412, 2151.421, 2151.424, 2152.26,	110544
2152.72, 2301.03, 2301.18, 2301.20, 2301.21, 2301.22, 2301.23,	110545
2301.24, 2301.25, 2301.26, 2305.01, 2317.02, 2317.422, 2319.27,	110546
2329.26, 2335.05, 2335.06, 2501.16, 2501.17, 2743.09, 2744.05,	110547
2903.33, 2919.271, 2939.11, 2945.371, 2945.38, 2945.39, 2945.40,	110548
2945.401, 2945.402, 2949.14, 3109.16, 3109.17, 3111.04, 3113.06,	110549
3119.54, 3121.48, 3123.44, 3123.45, 3123.55, 3123.56, 3123.58,	110550
3123.59, 3123.63, 3301.07, 3301.071, 3301.079, 3301.0710,	110551
3301.0711, 3301.0712, 3301.16, 3301.162, 3301.70, 3302.02,	110552
3302.031, 3302.05, 3302.07, 3304.181, 3304.182, 3306.12, 3307.20,	110553
3307.31, 3307.64, 3309.22, 3309.41, 3309.48, 3309.51, 3310.02,	110554
3310.03, 3310.05, 3310.08, 3310.41, 3311.05, 3311.06, 3311.19,	110555
3311.21, 3311.213, 3311.214, 3311.29, 3311.50, 3311.52, 3311.53,	110556
3311.73, 3311.76, 3313.12, 3313.29, 3313.33, 3313.372, 3313.41,	110557
3313.46, 3313.482, 3313.533, 3313.55, 3313.603, 3313.61, 3313.611,	110558
3313.612, 3313.614, 3313.64, 3313.6410, 3313.65, 3313.75,	110559
3313.842, 3313.843, 3313.845, 3313.911, 3313.975, 3313.978,	110560
3313.981, 3314.01, 3314.013, 3314.015, 3314.02, 3314.021,	110561
3314.026, 3314.03, 3314.04, 3314.05, 3314.06, 3314.07, 3314.08,	110562
3314.087, 3314.088, 3314.091, 3314.10, 3314.13, 3314.19, 3314.20,	110563
3314.22, 3314.26, 3314.35, 3314.36, 3315.01, 3316.041, 3316.06,	110564
3316.20, 3317.01, 3317.013, 3317.014, 3317.018, 3317.02, 3317.021,	110565
3317.022, 3317.023, 3317.024, 3317.025, 3317.0210, 3317.0211,	110566
3317.03, 3317.031, 3317.05, 3317.051, 3317.053, 3317.06, 3317.061,	110567
3317.07, 3317.08, 3317.081, 3317.082, 3317.09, 3317.11, 3317.12,	110568
3317.13, 3317.14, 3317.16, 3317.18, 3317.19, 3317.20, 3317.201,	110569
3318.032, 3318.05, 3318.051, 3318.08, 3318.12, 3318.31, 3318.36,	110570
3318.37, 3318.38, 3318.41, 3319.02, 3319.08, 3319.088, 3319.11,	110571
3319.111, 3319.14, 3319.141, 3319.16, 3319.17, 3319.18, 3319.19,	110572
3319.26, 3319.31, 3319.311, 3319.39, 3319.57, 3319.71, 3323.09,	110573
3323.091, 3323.14, 3323.142, 3323.31, 3324.05, 3325.01, 3325.08,	110574
3326.11, 3326.33, 3326.39, 3327.02, 3327.04, 3327.05, 3329.08,	110575
3331.01, 3333.03, 3333.043, 3333.31, 3333.66, 3333.81, 3333.82,	110576
3333.83, 3333.84, 3333.85, 3333.87, 3333.90, 3334.19, 3345.061,	110577
3345.14, 3345.29, 3353.04, 3354.12, 3354.16, 3355.09, 3357.16,	110578
3365.01, 3365.08, 3375.41, 3381.11, 3501.03, 3501.17, 3505.13,	110579
3506.05, 3701.021, 3701.023, 3701.07, 3701.61, 3701.74, 3701.83,	110580
3702.31, 3702.59, 3704.06, 3704.14, 3705.24, 3709.085, 3709.09,	110581
3709.092, 3709.21, 3709.34, 3721.01, 3721.011, 3721.02, 3721.04,	110582
3721.16, 3721.50, 3721.51, 3721.561, 3721.58, 3722.01, 3722.011,	110583
3722.02, 3722.021, 3722.022, 3722.03, 3722.04, 3722.041, 3722.05,	110584
3722.06, 3722.07, 3722.08, 3722.09, 3722.10, 3722.11, 3722.12,	110585
3722.13, 3722.14, 3722.15, 3722.151, 3722.16, 3722.17, 3722.18,	110586
3729.01, 3733.02, 3733.021, 3733.022, 3733.024, 3733.025, 3733.03,	110587
3733.04, 3733.05, 3733.06, 3733.08, 3733.09, 3733.091, 3733.10,	110588
3733.101, 3733.11, 3733.12, 3733.121, 3733.122, 3733.123, 3733.13,	110589
3733.14, 3733.15, 3733.16, 3733.17, 3733.18, 3733.19, 3733.20,	110590
3733.41, 3733.99, 3734.02, 3734.05, 3734.06, 3734.18, 3734.19,	110591
3734.20, 3734.21, 3734.22, 3734.23, 3734.24, 3734.25, 3734.26,	110592
3734.27, 3734.28, 3734.282, 3734.57, 3734.85, 3734.901, 3735.36,	110593
3735.66, 3737.83, 3737.841, 3737.87, 3737.88, 3745.015, 3745.05,	110594
3745.11, 3746.02, 3750.081, 3769.07, 3769.08, 3769.20, 3769.26,	110595
3770.03, 3770.05, 3772.062, 3781.06, 3781.183, 3791.043, 3793.04,	110596
3793.06, 3793.21, 3901.3814, 3903.01, 3923.28, 3923.281, 3923.30,	110597
3924.10, 3963.01, 3963.11, 4113.11, 4113.61, 4115.03, 4115.033,	110598
4115.034, 4115.04, 4115.10, 4115.101, 4115.16, 4116.01, 4117.01,	110599
4117.03, 4117.06, 4123.27, 4131.03, 4141.08, 4141.11, 4141.33,	110600
4301.12, 4301.43, 4301.62, 4301.80, 4301.81, 4303.02, 4503.06,	110601
4503.061, 4503.062, 4503.235, 4503.70, 4503.93, 4504.02, 4504.021,	110602
4504.15, 4504.16, 4504.18, 4506.071, 4507.111, 4507.164, 4510.037,	110603
4510.038, 4511.191, 4511.193, 4513.62, 4517.01, 4517.04, 4517.09,	110604
4517.10, 4517.12, 4517.13, 4517.14, 4517.23, 4517.24, 4517.44,	110605
4582.31, 4585.10, 4705.021, 4709.13, 4725.34, 4725.48, 4725.50,	110606
4725.52, 4725.57, 4731.65, 4731.71, 4733.15, 4733.151, 4736.12,	110607
4743.05, 4757.31, 4781.01, 4781.02, 4781.04, 4781.07, 4781.09,	110608
4781.14, 4781.15, 4781.99, 4905.90, 4909.15, 4911.02, 4927.17,	110609
4928.10, 4928.18, 4928.20, 4929.22, 4929.26, 4929.27, 4931.51,	110610
4931.52, 4931.53, 5101.16, 5101.181, 5101.182, 5101.183, 5101.244,	110611
5101.26, 5101.27, 5101.271, 5101.272, 5101.28, 5101.30, 5101.35,	110612
5101.37, 5101.46, 5101.47, 5101.571, 5101.573, 5101.58, 5101.60,	110613
5101.61, 5104.01, 5104.011, 5104.04, 5104.13, 5104.30, 5104.32,	110614
5104.341, 5104.35, 5104.37, 5104.38, 5104.39, 5104.42, 5104.43,	110615
5111.012, 5111.013, 5111.0112, 5111.021, 5111.023, 5111.025,	110616
5111.031, 5111.06, 5111.113, 5111.13, 5111.14, 5111.151, 5111.16,	110617
5111.162, 5111.17, 5111.172, 5111.20, 5111.21, 5111.211, 5111.222,	110618
5111.23, 5111.231, 5111.235, 5111.24, 5111.241, 5111.244, 5111.25,	110619
5111.251, 5111.254, 5111.258, 5111.261, 5111.27, 5111.28, 5111.33,	110620
5111.35, 5111.52, 5111.65, 5111.66, 5111.67, 5111.671, 5111.672,	110621
5111.68, 5111.681, 5111.687, 5111.689, 5111.709, 5111.85,	110622
5111.871, 5111.872, 5111.873, 5111.874, 5111.877, 5111.88,	110623
5111.89, 5111.891, 5111.892, 5111.894, 5111.911, 5111.912,	110624
5111.913, 5111.94, 5111.941, 5111.97, 5112.30, 5112.31, 5112.37,	110625
5112.371, 5112.39, 5112.40, 5112.41, 5112.46, 5112.99, 5119.01,	110626
5119.02, 5119.06, 5119.16, 5119.18, 5119.22, 5119.221, 5119.61,	110627
5119.611, 5119.612, 5119.613, 5119.62, 5119.621, 5119.99,	110628
5120.135, 5120.17, 5120.28, 5120.29, 5122.01, 5122.02, 5122.15,	110629
5122.21, 5122.27, 5122.271, 5122.29, 5122.31, 5122.32, 5123.01,	110630
5123.0413, 5123.0417, 5123.051, 5123.092, 5123.171, 5123.18,	110631
5123.19, 5123.191, 5123.194, 5123.35, 5123.352, 5123.45, 5123.60,	110632
5123.61, 5123.63, 5123.64, 5123.69, 5123.701, 5123.86, 5123.99,	110633
5126.01, 5126.029, 5126.04, 5126.042, 5126.05, 5126.054,	110634
5126.0510, 5126.0511, 5126.0512, 5126.08, 5126.11, 5126.12,	110635
5126.23, 5126.24, 5126.33, 5126.41, 5126.42, 5139.11, 5139.43,	110636
5310.35, 5505.04, 5540.03, 5540.031, 5540.05, 5543.10, 5552.06,	110637
5553.05, 5553.19, 5553.23, 5553.42, 5555.07, 5555.27, 5555.42,	110638
5559.06, 5559.10, 5559.12, 5561.04, 5561.08, 5571.011, 5573.02,	110639
5573.10, 5575.01, 5575.02, 5591.15, 5593.08, 5701.13, 5703.05,	110640
5703.37, 5705.14, 5705.16, 5705.191, 5705.194, 5705.196, 5705.21,	110641
5705.211, 5705.218, 5705.25, 5705.251, 5705.261, 5705.314,	110642
5705.392, 5705.412, 5705.71, 5707.031, 5709.07, 5709.62, 5709.63,	110643
5709.632, 5713.01, 5715.17, 5715.23, 5715.26, 5719.04, 5721.01,	110644
5721.03, 5721.04, 5721.18, 5721.30, 5721.31, 5721.32, 5721.37,	110645
5721.38, 5721.42, 5722.13, 5723.05, 5725.151, 5725.24, 5725.98,	110646
5727.57, 5727.84, 5727.85, 5727.86, 5729.98, 5731.02, 5731.19,	110647
5731.21, 5731.39, 5733.0610, 5733.23, 5739.02, 5739.021, 5739.022,	110648
5739.026, 5739.101, 5747.01, 5747.058, 5747.113, 5747.451,	110649
5747.46, 5747.51, 5748.02, 5748.021, 5748.04, 5748.08, 5751.01,	110650
5751.011, 5751.20, 5751.21, 5751.22, 5751.23, 5751.50, 5753.01,	110651
6101.16, 6103.04, 6103.05, 6103.06, 6103.081, 6103.31, 6105.131,	110652
6109.21, 6111.038, 6111.044, 6111.46, 6115.01, 6115.20, 6117.05,	110653
6117.06, 6117.07, 6117.251, 6117.49, 6119.10, 6119.18, 6119.22,	110654
6119.25, and 6119.58 of the Revised Code are hereby repealed.	110655

Section 105.01. That sections 7.14, 9.901, 122.0818, 122.121,	110656
122.452, 126.04, 126.501, 126.502, 126.507, 165.031, 340.08,	110657
701.04, 1501.031, 1551.13, 2151.56, 2151.57, 2151.58, 2151.59,	110658
2151.60, 2151.61, 2301.19, 3123.52, 3123.61, 3123.612, 3123.613,	110659
3123.614, 3306.01, 3306.011, 3306.012, 3306.02, 3306.03,	110660
3306.04, 3306.05, 3306.051, 3306.052, 3306.06, 3306.07,	110661
3306.08, 3306.09, 3306.091, 3306.10, 3306.11, 3306.13,	110662
3306.19, 3306.191, 3306.192, 3306.21, 3306.22, 3306.29,	110663
3306.291, 3306.292, 3306.51, 3306.52, 3306.53, 3306.54, 3306.55,	110664
3306.56, 3306.57, 3306.58, 3306.59, 3311.059, 3313.202,	110665
3314.014, 3314.016, 3314.017, 3314.025, 3314.082, 3314.085,	110666
3314.402, 3317.011, 3317.016, 3317.017, 3317.0216, 3317.04,	110667
3317.17, 3319.112, 3319.161, 3329.16, 3349.242, 3706.042,	110668
3721.56, 3722.99, 3733.031, 3733.07, 3923.90, 3923.91, 4115.032,	110669
4582.37, 4981.23, 5101.5211, 5101.5212, 5101.5213, 5101.5214,	110670
5101.5215, 5101.5216, 5111.243, 5111.34, 5111.861, 5111.893,	110671
5111.971, 5122.36, 5123.172, 5123.181, 5123.193, 5123.211,	110672
5123.601, 5123.602, 5123.603, 5123.604, 5123.605, 5126.18, and	110673
5126.19 of the Revised Code are hereby repealed.	110674

Section 105.10. That sections 126.60, 126.601, 126.602,	110675
126.603, 126.604, and 126.605 of the Revised Code, as enacted by	110676
this act, are hereby repealed, effective June 30, 2013.	110677

Section 120.10. That the version of section 5111.913 of the	110678
Revised Code that results from Section 101.01 of this act be	110679
amended to read as follows:	110680

Sec. 5111.913. If the department of job and family services	110681
enters into a contract with the department of alcohol and drug	110682
addiction services under section 5111.91 of the Revised Code,	110683
~~boards of alcohol, drug addiction, and mental health~~the	110684
department of job and family services shall pay the nonfederal	110685
share of any medicaid payment to a provider for services under the	110686
component, or aspect of the component, the department of alcohol	110687
and drug addiction services administers. ~~A board shall use funds~~	110688
~~allocated to the board under section 3793.04 of the Revised Code~~	110689
~~to pay the nonfederal share.~~If necessary, the director of job and	110690
family services shall submit a medicaid state plan amendment to	110691
the United States secretary of health and human services regarding	110692
the department of job and family services' duty under this	110693
section.	110694

Section 120.11. That the existing version of section 5111.913	110695
of the Revised Code that results from Section 101.01 of this act	110696
is hereby repealed.	110697

Section 120.12. That Sections 120.10 and 120.11 of this act	110698
take effect July 1, 2012.	110699

Section 201.10. Except as otherwise provided in this act,	110700
all appropriation items in this act are appropriated out of any	110701
moneys in the state treasury to the credit of the designated fund	110702
that are not otherwise appropriated. For all appropriations made	110703
in this act, the amounts in the first column are for fiscal year	110704
2012 and the amounts in the second column are for fiscal year	110705
2013.	110706

Section 203.10. ACC ACCOUNTANCY BOARD OF OHIO

110707

General Services Fund Group	110708

4J80	889601	CPA Education Assistance	$	200,000	$	200,000	110709
4K90	889609	Operating Expenses	$	977,200	$	977,500	110710
TOTAL GSF General Services Fund							110711
Group			$	1,177,200	$	1,177,500	110712
TOTAL ALL BUDGET FUND GROUPS			$	1,177,200	$	1,177,500	110713

Section 205.10. ADJ ADJUTANT GENERAL

110715

General Revenue Fund	110716

GRF	745401	Ohio Military Reserve	$	12,308	$	12,308	110717
GRF	745404	Air National Guard	$	1,810,606	$	1,810,606	110718
GRF	745407	National Guard Benefits	$	400,000	$	400,000	110719
GRF	745409	Central Administration	$	2,692,098	$	2,692,098	110720
GRF	745499	Army National Guard	$	3,687,888	$	3,689,871	110721
TOTAL GRF General Revenue Fund			$	8,602,900	$	8,604,883	110722

General Services Fund Group	110723

5340	745612	Property Operations Management	$	534,304	$	534,304	110724
5360	745605	Marksmanship Activities	$	128,600	$	128,600	110725
5360	745620	Camp Perry and Buckeye Inn Operations	$	1,178,311	$	978,846	110726
5370	745604	Ohio National Guard Facilities Maintenance	$	62,000	$	62,000	110727
TOTAL GSF General Services Fund Group			$	1,903,215	$	1,703,750	110728

Federal Special Revenue Fund Group	110729

3410	745615	Air National Guard Base Security	$	2,977,692	$	2,977,692	110730
3420	745616	Army National Guard Service Agreement	$	10,970,050	$	10,970,050	110731
3E80	745628	Air National Guard Operations and Maintenance	$	16,958,595	$	16,958,595	110732
3R80	745603	Counter Drug Operations	$	25,000	$	25,000	110733
TOTAL FED Federal Special Revenue Fund Group			$	30,931,337	$	30,931,337	110734

State Special Revenue Fund Group	110735

5U80	745613		Community Match Armories		$	250,000		$	250,000		110736
TOTAL SSR State Special Revenue Fund Group					$	250,000		$	250,000		110737

TOTAL ALL BUDGET FUND GROUPS

41,687,452

41,489,970

110738

NATIONAL GUARD BENEFITS

110739

The foregoing appropriation item 745407, National Guard	110740
Benefits, shall be used for purposes of sections 5919.31 and	110741
5919.33 of the Revised Code, and for administrative costs of the	110742
associated programs.	110743

For active duty members of the Ohio National Guard who died	110744
after October 7, 2001, while performing active duty, the death	110745
benefit, pursuant to section 5919.33 of the Revised Code, shall be	110746
paid to the beneficiary or beneficiaries designated on the	110747
member's Servicemembers' Group Life Insurance Policy.	110748

STATE ACTIVE DUTY COSTS

110749

Of the foregoing appropriation item 745409, Central	110750
Administration, $50,000 in each fiscal year shall be used for the	110751
purpose of paying expenses related to state active duty of members	110752
of the Ohio organized militia, in accordance with a proclamation	110753
of the Governor. Expenses include, but are not limited to, the	110754
cost of equipment, supplies, and services, as determined by the	110755
Adjutant General's Department.	110756

Section 207.10. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

110757

General Revenue Fund	110758

GRF	100403	Public Employees Health Care Program	$	400,000	$	400,000	110759
GRF	100415	OAKS Rental Payments	$	23,024,500	$	23,006,300	110760
GRF	100416	STARS Lease Rental Payments	$	4,970,700	$	4,971,300	110761
GRF	100418	Web Sites and Business Gateway	$	2,495,063	$	2,395,176	110762
GRF	100419	IT Security Infrastructure	$	742,535	$	742,648	110763
GRF	100439	Equal Opportunity Certification Programs	$	625,000	$	625,000	110764
GRF	100447	OBA - Building Rent Payments	$	53,260,000	$	83,504,200	110765
GRF	100448	OBA - Building Operating Payments	$	21,000,000	$	21,000,000	110766
GRF	100449	DAS - Building Operating Payments	$	7,551,245	$	7,551,571	110767
GRF	100451	Minority Affairs	$	24,016	$	24,016	110768
GRF	102321	Construction Compliance	$	920,000	$	920,000	110769
GRF	130321	State Agency Support Services	$	2,500,000	$	2,500,000	110770
TOTAL GRF General Revenue Fund			$	117,513,059	$	147,640,211	110771

General Services Fund Group	110772

1120	100616	DAS Administration	$	5,974,625	$	5,886,524	110773
1150	100632	Central Service Agency	$	911,995	$	912,305	110774
1170	100644	General Services Division - Operating	$	14,452,167	$	14,171,070	110775
1220	100637	Fleet Management	$	3,978,827	$	4,204,066	110776
1250	100622	Human Resources Division - Operating	$	16,922,295	$	16,717,009	110777
1250	100657	Benefits Communication	$	925,586	$	921,531	110778
1280	100620	Collective Bargaining	$	3,462,529	$	3,464,148	110779
1300	100606	Risk Management Reserve	$	10,349,494	$	12,149,884	110780
1310	100639	State Architect's Office	$	9,812,132	$	9,813,342	110781
1320	100631	DAS Building Management	$	16,779,091	$	16,781,574	110782
1330	100607	IT Services Delivery	$	58,088,940	$	58,103,005	110783
1880	100649	Equal Opportunity Division - Operating	$	939,559	$	863,013	110784
2100	100612	State Printing	$	28,277,561	$	28,279,452	110785
2290	100630	IT Governance	$	15,130,023	$	15,134,993	110786
2290	100640	Leveraged Enterprise Purchases	$	6,129,500	$	6,129,500	110787
4270	100602	Investment Recovery	$	5,576,230	$	5,576,664	110788
4N60	100617	Major IT Purchases	$	1,950,000	$	4,950,000	110789
4P30	100603	DAS Information Services	$	5,047,565	$	4,979,392	110790
5C20	100605	MARCS Administration	$	14,075,705	$	14,077,467	110791
5C30	100608	Skilled Trades	$	404,297	$	404,375	110792
5EB0	100635	OAKS Support Organization	$	19,000,539	$	19,003,108	110793
5EB0	100656	OAKS Updates and Developments	$	12,265,952	$	8,743,462	110794
5HU0	100655	Construction Reform Demo Compliance	$	150,000	$	150,000	110795
5L70	100610	Professional Development	$	2,496,679	$	2,496,760	110796
5V60	100619	Employee Educational Development	$	1,047,022	$	935,049	110797
5X30	100634	Centralized Gateway Enhancement	$	2,052,308	$	2,052,308	110798
TOTAL GSF General Services Fund							110799
Group			$	256,200,621	$	256,900,001	110800

Federal Special Revenue Fund Group	110801

3AJ0	100654	ARRA Broadband Mapping Grant	$	270,756	$	106,347	110802
TOTAL FED Federal Special Revenue							110803
Fund Group			$	270,756	$	106,347	110804

State Special Revenue Fund Group	110805

5JQ0	100658	Professions Licensing System	$	2,000,000	$	1,000,000	110806
TOTAL SSR State Special Revenue							110807
Fund Group			$	2,000,000	$	1,000,000	110808
TOTAL ALL BUDGET FUND GROUPS			$	375,984,436	$	405,646,559	110809

Section 207.10.10. PUBLIC EMPLOYEES HEALTH CARE PROGRAM

110811

The foregoing appropriation item 100403, Public Employees	110812
Health Care Program, shall be used by the Department of	110813
Administrative Services to carry out its duties prescribed in	110814
section 9.901 of the Revised Code.	110815

Section 207.10.20. OHIO ADMINISTRATIVE KNOWLEDGE SYSTEM

110816

The Ohio Administrative Knowledge System (OAKS) is an	110817
enterprise resource planning system that replaced the state's	110818
central services infrastructure systems, including, but not	110819
limited to, the Central Accounting System, the Human	110820
Resources/Payroll System, the Capital Improvements Projects	110821
Tracking System, the Fixed Assets Management System, and the	110822
Procurement System. The Department of Administrative Services, in	110823
conjunction with the Office of Budget and Management, may update	110824
or add functionality to the OAKS system that will support shared	110825
services, financial or human resources functions, and enterprise	110826
applications that improve the state's operational efficiency. This	110827
includes, but is not limited to, the installation and	110828
implementation of hardware and software. Any lease-purchase	110829
arrangement entered into under Chapter 125. of the Revised Code to	110830
finance the OAKS system and the enhancements described above,	110831
including any fractionalized interest therein, as defined in	110832
division (N) of section 133.01 of the Revised Code, shall provide	110833
that at the end of the lease period, the financed asset becomes	110834
the property of the state.	110835

Section 207.10.30. OAKS LEASE RENTAL PAYMENTS

110836

The foregoing appropriation item 100415, OAKS Rental	110837
Payments, shall be used for payments at the times they are	110838
required to be made for the period from July 1, 2011, through June	110839
30, 2013, pursuant to leases and agreements entered into under	110840
Chapter 125. of the Revised Code, as supplemented by Section	110841
281.10 of Am. Sub. H.B. 562 of the 127th General Assembly and	110842
other prior acts of the General Assembly, with respect to	110843
financing the costs associated with the acquisition, development,	110844
installation, and implementation of the Ohio Administrative	110845
Knowledge System. If it is determined that additional	110846
appropriations are necessary for this purpose, the amounts are	110847
hereby appropriated.	110848

Section 207.10.40. STATE TAXATION ACCOUNTING AND REVENUE	110849
SYSTEM	110850

The Department of Administrative Services, in conjunction	110851
with the Department of Taxation, may acquire the State Taxation	110852
Accounting and Revenue System (STARS) pursuant to Chapter 125. of	110853
the Revised Code, including, but not limited to, the application	110854
hardware and software and installation and implementation thereof,	110855
for the use of the Department of Taxation. STARS is an integrated	110856
tax collection and audit system that will replace all of the	110857
state's existing separate tax software and administration systems	110858
for the various taxes collected by the state. Any lease-purchase	110859
arrangement used under Chapter 125. of the Revised Code to acquire	110860
STARS, including any fractionalized interests therein as defined	110861
in division (N) of section 133.01 of the Revised Code, shall	110862
provide that at the end of the lease period, STARS becomes the	110863
property of the state.	110864

Section 207.10.50. STARS LEASE RENTAL PAYMENTS

110865

The foregoing appropriation item 100416, STARS Lease Rental	110866
Payments, shall be used for payments at the times they are	110867
required to be made for the period from July 1, 2011, through June	110868
30, 2013, pursuant to leases and agreements entered into under	110869
Chapter 125. of the Revised Code, as supplemented by Section	110870
207.10.30 of Am. Sub. H.B. 1 of the 128th General Assembly and	110871
other prior acts of the General Assembly, with respect to	110872
financing the cost for the acquisition, development, installation,	110873
and implementation of the State Taxation Accounting and Revenue	110874
System (STARS). If it is determined that additional appropriations	110875
are necessary for this purpose, the amounts are appropriated.	110876

Section 207.10.60. EQUAL OPPORTUNITY CERTIFICATION PROGRAMS

110877

The foregoing appropriation item 100439, Equal Opportunity	110878
Certification Programs, shall be used to pay costs associated with	110879
the equal employment opportunity project tracking software that	110880
were formerly paid from appropriation item 100423, EEO Project	110881
Tracking Software.	110882

Section 207.10.70. BUILDING RENT PAYMENTS

110883

The foregoing appropriation item 100447, OBA - Building Rent	110884
Payments, shall be used to meet all payments at the times they are	110885
required to be made during the period from July 1, 2011, through	110886
June 30, 2013, by the Department of Administrative Services to the	110887
Ohio Building Authority pursuant to leases and agreements under	110888
Chapter 152. of the Revised Code. These appropriations are the	110889
source of funds pledged for bond service charges on obligations	110890
issued pursuant to Chapter 152. of the Revised Code.	110891

The foregoing appropriation item 100448, OBA - Building	110892
Operating Payments, shall be used to meet all payments at the	110893
times that they are required to be made during the period from	110894
July 1, 2011, through June 30, 2013, by the Department of	110895
Administrative Services to the Ohio Building Authority pursuant to	110896
leases and agreements under Chapter 152. of the Revised Code, but	110897
limited to the aggregate amount of $42,800,000.	110898

The payments to the Ohio Building Authority are for paying	110899
the expenses of agencies that occupy space in various state	110900
facilities. The Department of Administrative Services may enter	110901
into leases and agreements with the Ohio Building Authority	110902
providing for the payment of these expenses. The Ohio Building	110903
Authority shall report to the Department of Administrative	110904
Services and the Office of Budget and Management not later than	110905
five months after the start of each fiscal year the actual	110906
expenses incurred by the Ohio Building Authority in operating the	110907
facilities and any balances remaining from payments and rentals	110908
received in the prior fiscal year. The Department of	110909
Administrative Services shall reduce subsequent payments by the	110910
amount of the balance reported to it by the Ohio Building	110911
Authority.	110912

Section 207.10.80. DAS - BUILDING OPERATING PAYMENTS

110913

The foregoing appropriation item 100449, DAS - Building	110914
Operating Payments, shall be used to pay the rent expenses of	110915
veterans organizations pursuant to section 123.024 of the Revised	110916
Code in fiscal years 2012 and 2013.	110917

The foregoing appropriation item, 100449, DAS - Building	110918
Operating Payments, also may be used to provide funding for the	110919
cost of property appraisals or building studies that the	110920
Department of Administrative Services may be required to obtain	110921
for property that is being sold by the state or property under	110922
consideration to be renovated or purchased by the state.	110923

Notwithstanding section 125.28 of the Revised Code, the	110924
remaining portion of the appropriation may be used to pay the	110925
operating expenses of state facilities maintained by the	110926
Department of Administrative Services that are not billed to	110927
building tenants. These expenses may include, but are not limited	110928
to, the costs for vacant space and space undergoing renovation,	110929
and the rent expenses of tenants that are relocated because of	110930
building renovations. These payments shall be processed by the	110931
Department of Administrative Services through intrastate transfer	110932
vouchers and placed in the Building Management Fund (Fund 1320).	110933

Section 207.10.90. CENTRAL SERVICE AGENCY FUND

110934

The appropriation item 100632, Central Service Agency, shall	110935
be used to purchase the equipment, products, and services that are	110936
needed to maintain existing automated applications for the	110937
professional licensing boards and to support board licensing	110938
functions in fiscal years 2012 and 2013 until these functions are	110939
replaced by the Ohio Professionals Licensing System. The	110940
Department of Administrative Services shall establish charges for	110941
recovering the costs of carrying out these functions. The charges	110942
shall be billed to the professional licensing boards and deposited	110943
via intrastate transfer vouchers to the credit of the Central	110944
Service Agency Fund (Fund 1150).	110945

Section 207.20.10. GENERAL SERVICE CHARGES

110946

The Department of Administrative Services, with the approval	110947
of the Director of Budget and Management, shall establish charges	110948
for recovering the costs of administering the programs funded by	110949
the General Services Fund (Fund 1170) and the State Printing Fund	110950
(Fund 2100). Such charges within Fund 1170 may be used to recover	110951
the cost of paying a vendor to establish reduced pricing for	110952
contracted supplies or services.	110953

If the Director of Administrative Services determines that	110954
additional amounts are necessary to pay for consulting and	110955
administrative costs related to securing lower pricing, the	110956
Director of Administrative Services may request that the Director	110957
of Budget and Management approve additional expenditures. Such	110958
approved additional amounts are appropriated to appropriation item	110959
100644, General Services Division-Operating.	110960

Section 207.20.20. COLLECTIVE BARGAINING ARBITRATION EXPENSES

110961

With approval of the Director of Budget and Management, the	110962
Department of Administrative Services may seek reimbursement from	110963
state agencies for the actual costs and expenses the Department	110964
incurs in the collective bargaining arbitration process. The	110965
reimbursements shall be processed through intrastate transfer	110966
vouchers and credited to the Collective Bargaining Fund (Fund	110967
1280).	110968

Section 207.20.30. EQUAL OPPORTUNITY PROGRAM

110969

The Department of Administrative Services, with the approval	110970
of the Director of Budget and Management, shall establish charges	110971
for recovering the costs of administering the activities supported	110972
by the State EEO Fund (Fund 1880). These charges shall be	110973
deposited to the credit of the State EEO Fund (Fund 1880) upon	110974
payment made by state agencies, state-supported or state-assisted	110975
institutions of higher education, and tax-supported agencies,	110976
municipal corporations, and other political subdivisions of the	110977
state, for services rendered.	110978

Section 207.20.40. INVESTMENT RECOVERY FUND

110979

Notwithstanding division (B) of section 125.14 of the Revised	110980
Code, cash balances in the Investment Recovery Fund (Fund 4270)	110981
may be used to support the operating expenses of the Federal	110982
Surplus Operating Program created in sections 125.84 to 125.90 of	110983
the Revised Code.	110984

Notwithstanding division (B) of section 125.14 of the Revised	110985
Code, cash balances in the Investment Recovery Fund may be used to	110986
support the operating expenses of the Asset Management Services	110987
Program, including, but not limited to, the cost of establishing	110988
and maintaining procedures for inventory records for state	110989
property as described in section 125.16 of the Revised Code.	110990

Of the foregoing appropriation item 100602, Investment	110991
Recovery, up to $2,092,697 in fiscal year 2012 and up to	110992
$2,092,697 in fiscal year 2013 may be used to pay the operating	110993
expenses of the State Surplus Property Program, the Surplus	110994
Federal Property Program, and the Asset Management Services	110995
Program under Chapter 125. of the Revised Code and this section.	110996
If additional appropriations are necessary for the operations of	110997
these programs, the Director of Administrative Services shall seek	110998
increased appropriations from the Controlling Board under section	110999
131.35 of the Revised Code.	111000

Of the foregoing appropriation item 100602, Investment	111001
Recovery, $3,500,000 in each fiscal year shall be used to transfer	111002
proceeds from the sale of surplus property from the Investment	111003
Recovery Fund to non-General Revenue Funds under division (A)(2)	111004
of section 125.14 of the Revised Code. If it is determined by the	111005
Director of Administrative Services that additional amounts are	111006
necessary for the transfer of such sale proceeds, the Director of	111007
Administrative Services may request the Director of Budget and	111008
Management to authorize additional amounts. Such authorized	111009
additional amounts are hereby appropriated.	111010

Section 207.20.50. DAS INFORMATION SERVICES

111011

There is hereby established in the State Treasury the DAS	111012
Information Services Fund. The foregoing appropriation item	111013
100603, DAS Information Services, shall be used to pay the costs	111014
of providing information systems and services in the Department of	111015
Administrative Services. Any state agency, board, or commission	111016
may use DAS Information Services by paying for the services	111017
rendered.	111018

The Department of Administrative Services shall establish	111019
user charges for all information systems and services that are	111020
allowable in the statewide indirect cost allocation plan submitted	111021
annually to the United States Department of Health and Human	111022
Services. These charges shall comply with federal regulations and	111023
shall be deposited to the credit of the DAS Information Services	111024
Fund (Fund 4P30).	111025

Section 207.20.60. PROFESSIONAL DEVELOPMENT FUND

111026

The foregoing appropriation item 100610, Professional	111027
Development, shall be used to make payments from the Professional	111028
Development Fund (Fund 5L70) under section 124.182 of the Revised	111029
Code. If it is determined by the Director of Administrative	111030
Services that additional amounts are necessary, the Director of	111031
Administrative Services may request that the Director of Budget	111032
and Management approve additional amounts. Such approved	111033
additional amounts are hereby appropriated.	111034

Section 207.20.70. EMPLOYEE EDUCATIONAL DEVELOPMENT

111035

The foregoing appropriation item 100619, Employee Educational	111036
Development, shall be used to make payments from the Employee	111037
Educational Development Fund (Fund 5V60) under section 124.86 of	111038
the Revised Code. The fund shall be used to pay the costs of	111039
administering educational programs under existing collective	111040
bargaining agreements with District 1199, the Health Care and	111041
Social Service Union; State Council of Professional Educators;	111042
Ohio Education Association and National Education Association; the	111043
Fraternal Order of Police Ohio Labor Council, Unit 2; and the Ohio	111044
State Troopers Association, Units 1 and 15.	111045

If it is determined by the Director of Administrative	111046
Services that additional amounts are necessary, the Director of	111047
Administrative Services may request that the Director of Budget	111048
and Management approve additional amounts. Such approved	111049
additional amounts are hereby appropriated.	111050

Section 207.20.80. CENTRALIZED GATEWAY ENHANCEMENT FUND

111051

(A) As used in this section, "Ohio Business Gateway" refers	111052
to the internet-based system operated by the Department of	111053
Administrative Services with the advice of the Ohio Business	111054
Gateway Steering Committee established under section 5703.57 of	111055
the Revised Code. The Ohio Business Gateway is established to	111056
provide businesses a central web site where various filings and	111057
payments are submitted online to government. The information is	111058
then distributed to the various government entities that interact	111059
with the business community.	111060

(B) As used in this section:

111061

(1) "State Portal" refers to the official web site of the	111062
state, operated by the Department of Administrative Services.	111063

(2) "Shared Hosting Environment" refers to the computerized	111064
system operated by the Department of Administrative Services for	111065
the purpose of providing capability for state agencies to host web	111066
sites.	111067

(C) There is hereby created in the state treasury the	111068
Centralized Gateway Enhancement Fund (Fund 5X30). The foregoing	111069
appropriation item 100634, Centralized Gateway Enhancement, shall	111070
be used by the Department of Administrative Services to pay the	111071
costs of enhancing, expanding, and operating the infrastructure of	111072
the Ohio Business Gateway, State Portal, and Shared Hosting	111073
Environment. The Director of Administrative Services shall submit	111074
spending plans to the Director of Budget and Management to justify	111075
operating transfers to the fund from the General Revenue Fund.	111076
Upon approval, the Director of Budget and Management shall	111077
transfer approved amounts to the fund, not to exceed the amount of	111078
the annual appropriation in each fiscal year. The spending plans	111079
may be based on the recommendations of the Ohio Business Gateway	111080
Steering Committee or its successor.	111081

Section 207.20.90. CASH TRANSFERS FROM THE MAJOR IT PURCHASES	111082
FUND	111083

Upon request of the Director of Administrative Services, the	111084
Director of Budget and Management may make the following transfers	111085
from the Major IT Purchases Fund (Fund 4N60):	111086

(1) Up to $2,800,000 in each fiscal year of the biennium to	111087
the State Architect's Fund (Fund 1310) to support the OAKS Capital	111088
Improvements Module and other costs of the State Architect's	111089
Office that are not directly related to capital projects managed	111090
by the State Architect;	111091

(2) Up to $310,276 in fiscal year 2012 and up to $305,921 in	111092
fiscal year 2013 to the Director's Office Fund (Fund 1120) to	111093
support operating expenses of the Accountability and Results	111094
Initiative.	111095

Section 207.30.10. MULTI-AGENCY RADIO COMMUNICATION SYSTEM	111096
DEBT SERVICE PAYMENTS	111097

The Director of Administrative Services, in consultation with	111098
the Multi-Agency Radio Communication System (MARCS) Steering	111099
Committee and the Director of Budget and Management, shall	111100
determine the share of debt service payments attributable to	111101
spending for MARCS components that are not specific to any one	111102
agency and that shall be charged to agencies supported by the	111103
motor fuel tax. Such share of debt service payments shall be	111104
calculated for MARCS capital disbursements made beginning July 1,	111105
1997. Within thirty days of any payment made from appropriation	111106
item 100447, OBA - Building Rent Payments, the Director of	111107
Administrative Services shall certify to the Director of Budget	111108
and Management the amount of this share. The Director of Budget	111109
and Management shall transfer such amounts to the General Revenue	111110
Fund from the State Highway Safety Fund (Fund 7036) established in	111111
section 4501.06 of the Revised Code.	111112

The Director of Administrative Services shall consider	111113
renting or leasing existing tower sites at reasonable or current	111114
market rates, so long as these existing sites are equipped with	111115
the technical capabilities to support the MARCS project.	111116

Section 207.30.20. OHIO PROFESSIONALS LICENSING SYSTEM

111117

There is hereby created in the state treasury the Ohio	111118
Professionals Licensing System Fund (Fund 5JQ0). Appropriation	111119
item 100658, Ohio Professionals Licensing System, shall be used to	111120
make payments from the fund. The fund shall be used to purchase	111121
the equipment, products, and services necessary to develop and	111122
maintain a replacement automated licensing system for the	111123
professional licensing boards. The Director of Budget and	111124
Management may transfer up to $2,670,000 in cash from the	111125
Occupational Licensing and Regulatory Fund (4K90) and up to	111126
$330,000 from the State Medical Board Operating Fund (Fund 5C60)	111127
to the Ohio Professionals Licensing System Fund during the FY	111128
2012-FY 2013 biennium. The purpose of this cash transfer is to	111129
fund the initial acquisition and development of the system. Any	111130
cash balances not expended in fiscal year 2012 are reappropriated	111131
in fiscal year 2013.	111132

Effective with the implementation of the replacement	111133
licensing system, the Department of Administrative Services shall	111134
establish charges for recovering the costs of ongoing maintenance	111135
of the system. The charges shall be billed to the professional	111136
licensing boards and deposited via intrastate transfer vouchers to	111137
the credit of the Ohio Professionals Licensing System Fund.	111138

Section 207.30.30. DIRECTOR'S DECLARATION OF PUBLIC EXIGENCY

111139

Whenever the Director of Administrative Services declares a	111140
"public exigency," as provided in division (C) of section 123.15	111141
of the Revised Code, the Director shall also notify the members of	111142
the Controlling Board.	111143

Section 209.10. AGE DEPARTMENT OF AGING

111144

General Revenue Fund	111145

GRF	490321	Operating Expenses	$	1,501,616	$	1,502,442	111146
GRF	490410	Long-Term Care Ombudsman	$	482,271	$	482,271	111147
GRF	490411	Senior Community Services	$	7,130,952	$	7,131,236	111148
GRF	490414	Alzheimer's Respite	$	1,917,740	$	1,917,757	111149
GRF	490423	Long Term Care Budget - State	$	3,419,250	$	3,419,250	111150
GRF	490506	National Senior Service Corps	$	241,413	$	241,413	111151
TOTAL GRF General Revenue Fund			$	14,693,242	$	14,694,369	111152

General Services Fund Group	111153

4800	490606	Senior Community Outreach and Education	$	372,518	$	372,523	111154
TOTAL GSF General Services Fund							111155
Group			$	372,518	$	372,523	111156

Federal Special Revenue Fund Group	111157

3220	490618	Federal Aging Grants	$	14,000,000	$	14,000,000	111158
3C40	490623	Long Term Care Budget	$	3,525,000	$	3,525,000	111159
3M40	490612	Federal Independence Services	$	63,655,080	$	63,655,080	111160
TOTAL FED Federal Special Revenue							111161
Fund Group			$	81,180,080	$	81,180,080	111162

State Special Revenue Fund Group	111163

4C40	490609	Regional Long-Term Care Ombudsman Program	$	935,000	$	935,000	111164
5BA0	490620	Ombudsman Support	$	750,000	$	750,000	111165
5K90	490613	Long Term Care Consumers Guide	$	1,059,400	$	1,059,400	111166
5W10	490616	Resident Services Coordinator Program	$	344,692	$	344,700	111167
TOTAL SSR State Special Revenue							111168
Fund Group			$	3,089,092	$	3,089,100	111169
TOTAL ALL BUDGET FUND GROUPS			$	99,334,932	$	99,336,072	111170

Section 209.20. LONG-TERM CARE

111172

Pursuant to an interagency agreement, the Department of Job	111173
and Family Services shall designate the Department of Aging to	111174
perform assessments under section 5111.204 of the Revised Code.	111175
The Department of Aging shall provide long-term care consultations	111176
under section 173.42 of the Revised Code to assist individuals in	111177
planning for their long-term health care needs.	111178

The Department of Aging shall administer the Medicaid	111179
waiver-funded PASSPORT Home Care Program, the Choices Program, the	111180
Assisted Living Program, and the PACE Program as delegated by the	111181
Department of Job and Family Services in an interagency agreement.	111182
The foregoing appropriation items 490423, Long Term Care Budget -	111183
State, and 490623, Long Term Care Budget, may be used to support	111184
the Department of Aging's administrative costs associated with	111185
operating the PASSPORT, Choices, Assisted Living, and PACE	111186
programs.	111187

Section 209.30. LONG-TERM CARE OMBUDSMAN

111188

The foregoing appropriation item 490410, Long-Term Care	111189
Ombudsman, shall be used for a program to fund ombudsman program	111190
activities as authorized in sections 173.14 to 173.27 and section	111191
173.99 of the Revised Code.	111192

SENIOR COMMUNITY SERVICES

111193

The foregoing appropriation item 490411, Senior Community	111194
Services, shall be used for services designated by the Department	111195
of Aging, including, but not limited to, home-delivered and	111196
congregate meals, transportation services, personal care services,	111197
respite services, adult day services, home repair, care	111198
coordination, and decision support systems. Service priority shall	111199
be given to low income, frail, and cognitively impaired persons 60	111200
years of age and over. The department shall promote cost sharing	111201
by service recipients for those services funded with senior	111202
community services funds, including, when possible, sliding-fee	111203
scale payment systems based on the income of service recipients.	111204

ALZHEIMER'S RESPITE

111205

The foregoing appropriation item 490414, Alzheimer's Respite,	111206
shall be used to fund only Alzheimer's disease services under	111207
section 173.04 of the Revised Code.	111208

SENIOR COMMUNITY OUTREACH AND EDUCATION

111209

The foregoing appropriation item 490606, Senior Community	111210
Outreach and Education, may be used to provide training to workers	111211
in the field of aging pursuant to division (G) of section 173.02	111212
of the Revised Code.	111213

TRANSFER OF APPROPRIATIONS - FEDERAL INDEPENDENCE SERVICES	111214
AND FEDERAL AGING GRANTS	111215

At the request of the Director of Aging, the Director of	111216
Budget and Management may transfer appropriation between	111217
appropriation items 490612, Federal Independence Services, and	111218
490618, Federal Aging Grants. The amounts transferred shall not	111219
exceed 30 per cent of the appropriation from which the transfer is	111220
made. Any transfers shall be reported by the Department of Aging	111221
to the Controlling Board at the next scheduled meeting of the	111222
board.	111223

REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAM

111224

The foregoing appropriation item 490609, Regional Long-Term	111225
Care Ombudsman Program, shall be used to pay the costs of	111226
operating the regional long-term care ombudsman programs	111227
designated by the Long-Term Care Ombudsman.	111228

TRANSFER OF RESIDENT PROTECTION FUNDS

111229

In each fiscal year, the Director of Budget and Management	111230
may transfer up to $750,000 cash from the Resident Protection Fund	111231
(Fund 4E30), which is used by the Department of Job and Family	111232
Services, to the Ombudsman Support Fund (Fund 5BA0), which is used	111233
by the Department of Aging. The moneys in the Ombudsman Support	111234
Fund may be used by the state office of the Long-Term Care	111235
Ombudsman Program and by regional ombudsman programs to promote	111236
person-centered care in nursing homes.	111237

On July 1, 2011, or as soon as possible thereafter, the	111238
Department of Aging shall certify to the Director of Budget and	111239
Management the amount of the cash balance in the Ombudsman Support	111240
Fund at the end of fiscal year 2011.	111241

LONG-TERM CARE CONSUMERS GUIDE

111242

The foregoing appropriation item 490613, Long-Term Care	111243
Consumers Guide, shall be used to conduct annual customer	111244
satisfaction surveys and to pay for other administrative expenses	111245
related to the publication of the Ohio Long-Term Care Consumer	111246
Guide.	111247

During fiscal year 2012 and fiscal year 2013, the Department	111248
of Aging shall identify methods and tools for assessing consumer	111249
satisfaction with adult care facilities and with the providers of	111250
home and community-based services. The Department shall also	111251
consider the development of a provider fee structure to support	111252
the inclusion of information about adult care facilities and	111253
providers of home and community-based services among the types of	111254
providers reviewed in the Ohio Long-Term Care Consumer Guide.	111255

Section 211.10. AGR DEPARTMENT OF AGRICULTURE

111256

General Revenue Fund	111257

GRF	700401	Animal Disease Control	$	3,936,687	$	3,936,687	111258
GRF	700403	Dairy Division	$	1,088,115	$	1,088,115	111259
GRF	700404	Ohio Proud	$	50,000	$	50,000	111260
GRF	700406	Consumer Analytical Lab	$	1,287,556	$	1,287,556	111261
GRF	700407	Food Safety	$	848,792	$	848,792	111262
GRF	700409	Farmland Preservation	$	72,750	$	72,750	111263
GRF	700412	Weights and Measures	$	600,000	$	600,000	111264
GRF	700415	Poultry Inspection	$	392,978	$	392,978	111265
GRF	700418	Livestock Regulation Program	$	1,108,071	$	1,108,071	111266
GRF	700424	Livestock Testing and Inspections	$	102,770	$	102,770	111267
GRF	700499	Meat Inspection Program - State Share	$	4,175,097	$	4,175,097	111268
GRF	700501	County Agricultural Societies	$	391,413	$	391,413	111269
TOTAL GRF General Revenue Fund			$	14,054,229	$	14,054,229	111270

General Services Fund Group	111271

5DA0	700644	Laboratory Administration Support	$	1,094,867	$	1,094,867	111272
5GH0	700655	Central Support Indirect Cost	$	4,456,842	$	4,456,842	111273
TOTAL GSF General Services Fund Group			$	5,551,709	$	5,551,709	111274

Federal Special Revenue Fund Group	111275

3260	700618	Meat Inspection Program - Federal Share	$	4,950,000	$	4,950,000	111276
3360	700617	Ohio Farm Loan Revolving Fund	$	150,000	$	150,000	111277
3820	700601	Cooperative Contracts	$	2,000,000	$	2,000,000	111278
3AB0	700641	Agricultural Easement	$	1,000,000	$	1,000,000	111279
3J40	700607	Indirect Cost	$	600,000	$	600,000	111280
3R20	700614	Federal Plant Industry	$	1,000,000	$	1,000,000	111281
TOTAL FED Federal Special Revenue							111282
Fund Group			$	9,700,000	$	9,700,000	111283

State Special Revenue Fund Group	111284

4960	700626	Ohio Grape Industries	$	846,611	$	846,611	111285
4970	700627	Commodity Handlers Regulatory Program	$	483,402	$	483,402	111286
4C90	700605	Commercial Feed and Seed	$	1,816,897	$	1,816,897	111287
4D20	700609	Auction Education	$	41,000	$	41,000	111288
4E40	700606	Utility Radiological Safety	$	131,785	$	131,785	111289
4P70	700610	Food Safety Inspection	$	1,085,836	$	1,085,836	111290
4R00	700636	Ohio Proud Marketing	$	30,500	$	30,500	111291
4R20	700637	Dairy Industry Inspection	$	1,758,247	$	1,758,247	111292
4T60	700611	Poultry and Meat Inspection	$	180,000	$	180,000	111293
4T70	700613	Ohio Proud International and Domestic Market Development	$	50,000	$	50,000	111294
5780	700620	Ride Inspection Fees	$	1,175,142	$	1,175,142	111295
5B80	700629	Auctioneers	$	359,823	$	359,823	111296
5FC0	700648	Plant Pest Program	$	1,164,000	$	1,164,000	111297
5H20	700608	Metrology Lab and Scale Certification	$	750,000	$	750,000	111298
5HP0	700656	Livestock Care Standards Board	$	80,000	$	80,000	111299
5L80	700604	Livestock Management Program	$	584,000	$	584,000	111300
6520	700634	Animal and Consumer Analytical Laboratory	$	4,366,383	$	4,366,383	111301
6690	700635	Pesticide, Fertilizer, and Lime Inspection Program	$	3,418,041	$	3,418,041	111302
TOTAL SSR State Special Revenue							111303
Fund Group			$	18,321,667	$	18,321,667	111304

Clean Ohio Conservation Fund Group	111305

7057	700632		Clean Ohio Agricultural Easement		$	310,000		$	310,000		111306
TOTAL CLF Clean Ohio Conservation Fund Group					$	310,000		$	310,000		111307

TOTAL ALL BUDGET FUND GROUPS

47,937,605

111308

COUNTY AGRICULTURAL SOCIETIES

111309

The foregoing appropriation item 700501, County Agricultural	111310
Societies, shall be used to reimburse county and independent	111311
agricultural societies for expenses related to Junior Fair	111312
activities.	111313

CLEAN OHIO AGRICULTURAL EASEMENT

111314

The foregoing appropriation item 700632, Clean Ohio	111315
Agricultural Easement, shall be used by the Department of	111316
Agriculture in administering Ohio Agricultural Easement Fund (Fund	111317
7057) projects pursuant to sections 901.21, 901.22, and 5301.67 to	111318
5301.70 of the Revised Code.	111319

Section 213.10. AIR AIR QUALITY DEVELOPMENT AUTHORITY

111320

General Services Fund Group	111321

5EG0	898608		Energy Strategy Development		$	240,382		$	240,681		111322
TOTAL GSF General Services Fund					$	240,382		$	240,681		111323

Agency Fund Group	111324

4Z90	898602	Small Business Ombudsman	$	288,050	$	288,232	111325
5700	898601	Operating Expenses	$	323,980	$	323,980	111326
5A00	898603	Small Business Assistance	$	71,087	$	71,087	111327
TOTAL AGY Agency Fund Group			$	683,117	$	683,299	111328
TOTAL ALL BUDGET FUND GROUPS			$	923,499	$	923,980	111329

Section 213.20. ENERGY STRATEGY DEVELOPMENT

111331

The Ohio Air Quality Development Authority shall establish	111332
the Energy Strategy Development Program for the purpose of	111333
developing energy initiatives, projects, and policy for the state.	111334
Issues addressed by such initiatives, projects, and policy shall	111335
not be limited to those governed by Chapter 3706. of the Revised	111336
Code.	111337

There is hereby created in the state treasury the Energy	111338
Strategy Development Fund (Fund 5EG0). The fund shall consist of	111339
money credited to it and money obtained for advanced energy	111340
projects from federal or private grants, loans, or other sources.	111341
Money in the fund shall be used to carry out the purposes of the	111342
program. Interest earned on the money in the fund shall be	111343
credited to the General Revenue Fund.	111344

On July 1 of each fiscal year, or as soon as possible	111345
thereafter, the Director of Budget and Management may transfer	111346
cash from the funds specified below, in the amounts specified	111347
below, to the Energy Strategy Development Fund. Fund 5EG0 may	111348
accept contributions and transfers made to the fund. On July 1,	111349
2013, or as soon as possible thereafter, the Director shall	111350
transfer to the General Revenue Fund all cash credited to Fund	111351
5EG0. Upon completion of the transfer, Fund 5EG0 is abolished.	111352

Fund	Fund Name	User	FY 2012	FY 2013	111353
1170	Office Services	Department of Administrative Services	$27,405	$27,439	111354
5GH0	Central Support Indirect Cost	Department of Agriculture	$27,405	$27,439	111355
1350	Supportive Services	Department of Development	$27,405	$27,439	111356
2190	Central Support Indirect Cost	Environmental Protection Agency	$27,405	$27,439	111357
1570	Central Support Indirect Chargeback	Department of Natural Resources	$27,405	$27,439	111358
7002	Highway Operating	Department of Transportation	$39,150	$39,199	111359

Section 213.30. REIMBURSEMENT TO AIR QUALITY DEVELOPMENT	111360
AUTHORITY TRUST ACCOUNT	111361

Notwithstanding any other provision of law to the contrary,	111362
the Air Quality Development Authority may reimburse the Air	111363
Quality Development Authority trust account established under	111364
section 3706.10 of the Revised Code from all operating funds of	111365
the agency for expenses pertaining to the administration and	111366
shared costs incurred by the Air Quality Development Authority in	111367
the execution of responsibilities as prescribed in Chapter 3706.	111368
of the Revised Code. Reimbursement shall be made by voucher and	111369
completed in accordance with the administrative indirect costs	111370
allocation plan approved by the Office of Budget and Management.	111371

Section 215.10. ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION	111372
SERVICES	111373

General Revenue Fund	111374

GRF	038401	Treatment Services	$	35,184,703	$	7,020,974	111375
GRF	038404	Prevention Services	$	868,659	$	868,659	111376
TOTAL GRF General Revenue Fund			$	36,053,362	$	7,889,633	111377

General Services Fund	111378

5T90	038616		Problem Gambling Services		$	335,000		$	335,000		111379
TOTAL GSF General Services Fund Group					$	335,000		$	335,000		111380

Federal Special Revenue Fund Group	111381

3G40	038614	Substance Abuse Block Grant	$	69,000,000	$	69,000,000	111382
3H80	038609	Demonstration Grants	$	8,675,580	$	8,675,580	111383
3J80	038610	Medicaid	$	69,200,000	$	0	111384
3N80	038611	Administrative Reimbursement	$	300,000	$	300,000	111385
TOTAL FED Federal Special Revenue							111386
Fund Group			$	147,175,580	$	77,975,580	111387

State Special Revenue Fund Group	111388

4750	038621	Statewide Treatment and Prevention	$	16,000,000	$	14,000,000	111389
5JW0	038615	Board Match Reimbursement	$	3,000,000	$	3,000,000	111390
6890	038604	Education and Conferences	$	150,000	$	150,000	111391
TOTAL SSR State Special Revenue							111392
Fund Group			$	19,150,000	$	17,150,000	111393
TOTAL ALL BUDGET FUND GROUPS			$	202,713,942	$	103,350,213	111394

Section 217.10. ARC ARCHITECTS BOARD

111396

General Services Fund Group	111397

4K90	891609	Operating Expenses	$	494,459	$	478,147	111398
TOTAL GSF General Services Fund							111399
Group			$	494,459	$	478,147	111400
TOTAL ALL BUDGET FUND GROUPS			$	494,459	$	478,147	111401

Section 219.10. ART OHIO ARTS COUNCIL

111403

General Revenue Fund	111404

GRF	370321	Operating Expenses	$	1,305,704	$	1,305,704	111405
GRF	370502	State Program Subsidies	$	5,000,000	$	6,000,000	111406
TOTAL GRF General Revenue Fund			$	6,305,704	$	7,305,704	111407

General Services Fund Group	111408

4600	370602	Management Expenses and Donations	$	247,000	$	247,000	111409
4B70	370603	Percent for Art Acquisitions	$	247,000	$	247,000	111410
TOTAL GSF General Services Fund Group			$	494,000	$	494,000	111411

Federal Special Revenue Fund Group	111412

3140	370601	Federal Support	$	1,000,000	$	1,000,000	111413
TOTAL FED Federal Special Revenue Fund Group			$	1,000,000	$	1,000,000	111414
TOTAL ALL BUDGET FUND GROUPS			$	7,799,704	$	8,799,704	111415

Section 221.10. ATH ATHLETIC COMMISSION

111417

General Services Fund Group	111418

4K90	175609	Operating Expenses	$	281,904	$	292,509	111419
TOTAL GSF General Services Fund Group			$	281,904	$	292,509	111420
TOTAL ALL BUDGET FUND GROUPS			$	281,904	$	292,509	111421

Section 223.10. AGO ATTORNEY GENERAL

111423

General Revenue Fund	111424

GRF	055321	Operating Expenses	$	42,514,169	$	42,514,169	111425
GRF	055405	Law-Related Education	$	100,000	$	100,000	111426
GRF	055411	County Sheriffs' Pay Supplement	$	757,921	$	757,921	111427
GRF	055415	County Prosecutors' Pay Supplement	$	831,499	$	831,499	111428
TOTAL GRF General Revenue Fund			$	44,203,589	$	44,203,589	111429

General Services Fund Group	111430

1060	055612	General Reimbursement	$	43,197,968	$	43,011,277	111431
1950	055660	Workers' Compensation Section	$	8,415,504	$	8,415,504	111432
4180	055615	Charitable Foundations	$	7,286,000	$	7,286,000	111433
4200	055603	Attorney General Antitrust	$	1,871,674	$	1,839,074	111434
4210	055617	Police Officers' Training Academy Fee	$	2,124,942	$	2,088,805	111435
4Z20	055609	BCI Asset Forfeiture and Cost Reimbursement	$	1,529,685	$	1,521,731	111436
5900	055633	Peace Officer Private Security Fund	$	98,370	$	98,370	111437
5A90	055618	Telemarketing Fraud Enforcement	$	7,500	$	7,500	111438
5L50	055619	Law Enforcement Assistance Program	$	300,222	$	0	111439
6310	055637	Consumer Protection Enforcement	$	3,799,115	$	3,718,973	111440
TOTAL GSF General Services Fund							111441
Group			$	68,630,980	$	67,987,234	111442

Federal Special Revenue Fund Group	111443

3060	055620	Medicaid Fraud Control	$	4,211,235	$	4,122,399	111444
3810	055611	Civil Rights Legal Service	$	402,540	$	402,540	111445
3830	055634	Crime Victims Assistance	$	13,000,000	$	13,000,000	111446
3E50	055638	Attorney General Pass-Through Funds	$	1,223,606	$	1,222,172	111447
3R60	055613	Attorney General Federal Funds	$	3,823,251	$	3,673,251	111448
TOTAL FED Federal Special Revenue							111449
Fund Group			$	22,660,632	$	22,420,362	111450

State Special Revenue Fund Group	111451

4020	055616	Victims of Crime	$	26,000,000	$	26,000,000	111452
4170	055621	Domestic Violence Shelter	$	25,000	$	25,000	111453
4190	055623	Claims Section	$	44,197,843	$	41,953,025	111454
4L60	055606	DARE Programs	$	4,477,962	$	4,477,962	111455
4Y70	055608	Title Defect Recision	$	600,000	$	600,000	111456
6590	055641	Solid and Hazardous Waste Background Investigations	$	662,227	$	651,049	111457
TOTAL SSR State Special Revenue							111458
Fund Group			$	75,963,032	$	73,707,036	111459

Holding Account Redistribution Fund Group	111460

R004	055631	General Holding Account	$	1,000,000	$	1,000,000	111461
R005	055632	Antitrust Settlements	$	1,000	$	1,000	111462
R018	055630	Consumer Frauds	$	750,000	$	750,000	111463
R042	055601	Organized Crime Commission Distributions	$	25,025	$	25,025	111464
R054	055650	Collection Outside Counsel Payments	$	4,500,000	$	4,500,000	111465
TOTAL 090 Holding Account							111466
Redistribution Fund Group			$	6,276,025	$	6,276,025	111467

Tobacco Master Settlement Agreement Fund Group	111468

J087	055635	Law Enforcement Technology, Training, and Facility Enhancements	$	2,300,000	$	0	111469
U087	055402	Tobacco Settlement Oversight, Administration, and Enforcement	$	2,527,992	$	2,514,690	111470
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	4,827,992	$	2,514,690	111471
TOTAL ALL BUDGET FUND GROUPS			$	222,562,250	$	217,108,936	111472

COUNTY SHERIFFS' PAY SUPPLEMENT

111473

The foregoing appropriation item 055411, County Sheriffs' Pay	111474
Supplement, shall be used for the purpose of supplementing the	111475
annual compensation of county sheriffs as required by section	111476
325.06 of the Revised Code.	111477

At the request of the Attorney General, the Director of	111478
Budget and Management may transfer appropriation from	111479
appropriation item 055321, Operating Expenses, to appropriation	111480
item 055411, County Sheriffs' Pay Supplement. Any appropriation so	111481
transferred shall be used to supplement the annual compensation of	111482
county sheriffs as required by section 325.06 of the Revised Code.	111483

COUNTY PROSECUTORS' PAY SUPPLEMENT

111484

The foregoing appropriation item 055415, County Prosecutors'	111485
Pay Supplement, shall be used for the purpose of supplementing the	111486
annual compensation of certain county prosecutors as required by	111487
section 325.111 of the Revised Code.	111488

At the request of the Attorney General, the Director of	111489
Budget and Management may transfer appropriation from	111490
appropriation item 055321, Operating Expenses, to appropriation	111491
item 055415, County Prosecutors' Pay Supplement. Any appropriation	111492
so transferred shall be used to supplement the annual compensation	111493
of county prosecutors as required by section 325.111 of the	111494
Revised Code.	111495

WORKERS' COMPENSATION SECTION

111496

The Workers' Compensation Fund (Fund 1950) is entitled to	111497
receive payments from the Bureau of Workers' Compensation and the	111498
Ohio Industrial Commission at the beginning of each quarter of	111499
each fiscal year to fund legal services to be provided to the	111500
Bureau of Workers' Compensation and the Ohio Industrial Commission	111501
during the ensuing quarter. The advance payment shall be subject	111502
to adjustment.	111503

In addition, the Bureau of Workers' Compensation shall	111504
transfer payments at the beginning of each quarter for the support	111505
of the Workers' Compensation Fraud Unit.	111506

All amounts shall be mutually agreed upon by the Attorney	111507
General, the Bureau of Workers' Compensation, and the Ohio	111508
Industrial Commission.	111509

ATTORNEY GENERAL PASS-THROUGH FUNDS

111510

The foregoing appropriation item 055638, Attorney General	111511
Pass-Through Funds, shall be used to receive federal grant funds	111512
provided to the Attorney General by other state agencies,	111513
including, but not limited to, the Department of Youth Services	111514
and the Department of Public Safety.	111515

GENERAL HOLDING ACCOUNT

111516

The foregoing appropriation item 055631, General Holding	111517
Account, shall be used to distribute moneys under the terms of	111518
relevant court orders or other settlements received in a variety	111519
of cases involving the Office of the Attorney General. If it is	111520
determined that additional amounts are necessary for this purpose,	111521
the amounts are hereby appropriated.	111522

ANTITRUST SETTLEMENTS

111523

The foregoing appropriation item 055632, Antitrust	111524
Settlements, shall be used to distribute moneys under the terms of	111525
relevant court orders or other out of court settlements in	111526
antitrust cases or antitrust matters involving the Office of the	111527
Attorney General. If it is determined that additional amounts are	111528
necessary for this purpose, the amounts are hereby appropriated.	111529

CONSUMER FRAUDS

111530

The foregoing appropriation item 055630, Consumer Frauds,	111531
shall be used for distribution of moneys from court-ordered	111532
judgments against sellers in actions brought by the Office of	111533
Attorney General under sections 1334.08 and 4549.48 and division	111534
(B) of section 1345.07 of the Revised Code. These moneys shall be	111535
used to provide restitution to consumers victimized by the fraud	111536
that generated the court-ordered judgments. If it is determined	111537
that additional amounts are necessary for this purpose, the	111538
amounts are hereby appropriated.	111539

ORGANIZED CRIME COMMISSION DISTRIBUTIONS

111540

The foregoing appropriation item 055601, Organized Crime	111541
Commission Distributions, shall be used by the Organized Crime	111542
Investigations Commission, as provided by section 177.011 of the	111543
Revised Code, to reimburse political subdivisions for the expenses	111544
the political subdivisions incur when their law enforcement	111545
officers participate in an organized crime task force. If it is	111546
determined that additional amounts are necessary for this purpose,	111547
the amounts are hereby appropriated.	111548

COLLECTION OUTSIDE COUNSEL PAYMENTS

111549

The foregoing appropriation item 055650, Collection Outside	111550
Counsel Payments, shall be used for the purpose of paying	111551
contingency counsel fees for cases where debtors mistakenly paid	111552
the client agencies instead of the Attorney General's Revenue	111553
Recovery/Collections Enforcement Section. If it is determined that	111554
additional amounts are necessary for this purpose, the amounts are	111555
hereby appropriated.	111556

Section 225.10. AUD AUDITOR OF STATE

111557

General Revenue Fund	111558

GRF	070321	Operating Expenses	$	27,434,452	$	27,434,452	111559
GRF	070403	Fiscal Watch/Emergency Technical Assistance	$	800,000	$	800,000	111560
TOTAL GRF General Revenue Fund			$	28,234,452	$	28,234,452	111561

Auditor of State Fund Group	111562

1090	070601	Public Audit Expense - Intra-State	$	9,000,000	$	8,700,000	111563
4220	070602	Public Audit Expense - Local Government	$	31,422,959	$	31,052,999	111564
5840	070603	Training Program	$	181,250	$	181,250	111565
5JZ0	070606	LEAP Revolving Loans	$	850,000	$	650,000	111566
6750	070605	Uniform Accounting Network	$	3,500,000	$	3,500,000	111567
TOTAL AUD Auditor of State Fund							111568
Group			$	44,954,209	$	44,084,249	111569
TOTAL ALL BUDGET FUND GROUPS			$	73,188,661	$	72,318,701	111570

FISCAL WATCH/EMERGENCY TECHNICAL ASSISTANCE

111571

The foregoing appropriation item 070403, Fiscal	111572
Watch/Emergency Technical Assistance, shall be used for expenses	111573
incurred by the Office of the Auditor of State in its role	111574
relating to fiscal watch or fiscal emergency activities under	111575
Chapters 118. and 3316. of the Revised Code. Expenses include, but	111576
are not limited to, the following: duties related to the	111577
determination or termination of fiscal watch or fiscal emergency	111578
of municipal corporations, counties, townships, or school	111579
districts; development of preliminary accounting reports;	111580
performance of annual forecasts; provision of performance audits;	111581
and supervisory, accounting, or auditing services for the	111582
municipal corporations, counties, townships, or school districts.	111583

An amount equal to the unexpended, unencumbered portion of	111584
appropriation item 070403, Fiscal Watch/Emergency Technical	111585
Assistance, at the end of fiscal year 2012 is hereby	111586
reappropriated for the same purpose in fiscal year 2013.	111587

Section 227.10. BRB BOARD OF BARBER EXAMINERS

111588

General Services Fund Group	111589

4K90	877609	Operating Expenses	$	656,320	$	649,211	111590
TOTAL GSF General Services Fund							111591
Group			$	656,320	$	649,211	111592
TOTAL ALL BUDGET FUND GROUPS			$	656,320	$	649,211	111593

Section 229.10. OBM OFFICE OF BUDGET AND MANAGEMENT

111595

General Revenue Fund	111596

GRF	042321	Budget Development and Implementation	$	2,362,025	$	2,378,166	111597
GRF	042416	Office of Health Transformation	$	306,285	$	0	111598
GRF	042422	Pension Shift Replacement	$	23,436,402	$	22,348,323	111599
TOTAL GRF General Revenue Fund			$	26,104,712	$	24,726,489	111600

General Services Fund Group	111601

1050	042603	State Accounting and Budgeting	$	21,917,230	$	22,006,331	111602
5N40	042602	OAKS Project Implementation	$	1,358,000	$	1,309,500	111603
5Z80	042608	Office of Health Transformation Administration	$	57,752	$	0	111604
TOTAL GSF General Services Fund Group			$	23,332,982	$	23,315,831	111605

Federal Special Revenue Fund Group	111606

3CM0	042606		Office of Health Transformation - Federal		$	384,037		$	145,500		111607
TOTAL FED Federal Special Revenue Fund Group					$	384,037		$	145,500		111608

Agency Fund Group	111609

5EH0	042604	Forgery Recovery	$	50,000	$	50,000	111610
TOTAL AGY Agency Fund Group			$	50,000	$	50,000	111611
TOTAL ALL BUDGET FUND GROUPS			$	49,871,731	$	48,237,820	111612

AUDIT COSTS AND DUES

111613

All centralized audit costs associated with either Single	111614
Audit Schedules or financial statements prepared in conformance	111615
with generally accepted accounting principles for the state shall	111616
be paid from the foregoing appropriation item 042603, State	111617
Accounting and Budgeting.	111618

Costs associated with the audit of the Auditor of State and	111619
national association dues shall be paid from the foregoing	111620
appropriation item 042321, Budget Development and Implementation.	111621

PENSION SHIFT REPLACEMENT

111622

Notwithstanding any provision of law to the contrary, the	111623
foregoing appropriation item 042422, Pension Shift Replacement,	111624
shall be used by the Director of Budget and Management to help	111625
state agencies fully fund the employer's share of public	111626
retirement system contributions for state employees who are paid	111627
directly by warrant of the Director of Budget and Management.	111628

The Director of Budget and Management may authorize	111629
additional expenditures from various non-GRF appropriation items	111630
in order to fully fund the employer's share of public retirement	111631
system contributions for state employees who are paid directly by	111632
warrant of the Director of Budget and Management. Any additional	111633
expenditures authorized by the Director of Budget and Management	111634
under this paragraph are hereby appropriated.	111635

SHARED SERVICES CENTER

111636

The Director of Budget and Management shall use the OAKS	111637
Project Implementation Fund (Fund 5N40) and the Accounting and	111638
Budgeting Fund (Fund 1050) to support a Shared Services Center	111639
within the Office of Budget and Management for the purpose of	111640
consolidating statewide business functions and common	111641
transactional processes.	111642

The Director of Budget and Management shall include the	111643
recovery of costs to operate the Shared Services Center in the	111644
accounting and budgeting services payroll rate and through a	111645
direct charge using intrastate transfer vouchers to agencies for	111646
services rendered. The Director of Budget and Management shall	111647
determine the cost recovery methodology. Such cost recovery	111648
revenues shall be deposited to the credit of Fund 1050.	111649

INTERNAL CONTROL AND AUDIT OVERSIGHT

111650

The Director of Budget and Management shall include the	111651
recovery of costs to operate the Internal Control and Audit	111652
Oversight Program in the accounting and budgeting services payroll	111653
rate and through a direct charge using intrastate transfer	111654
vouchers to agencies reviewed by the program. The Director of	111655
Budget and Management, with advice from the Internal Audit	111656
Advisory Council, shall determine the cost recovery methodology.	111657
Such cost recovery revenues shall be deposited to the credit of	111658
the Accounting and Budgeting Fund (Fund 1050).	111659

FORGERY RECOVERY

111660

The foregoing appropriation item 042604, Forgery Recovery,	111661
shall be used to reissue warrants that have been certified as	111662
forgeries by the rightful recipient as determined by the Bureau of	111663
Criminal Identification and Investigation and the Treasurer of	111664
State. Upon receipt of funds to cover the reissuance of the	111665
warrant, the Director of Budget and Management shall reissue a	111666
state warrant of the same amount.	111667

GRF TRANSFER TO THE OAKS PROJECT IMPLEMENTATION FUND

111668

On July 1 of each fiscal year, or as soon as possible	111669
thereafter, the Director of Budget and Management shall transfer	111670
an amount not to exceed $1,100,000 in cash from the General	111671
Revenue Fund to the OAKS Project Implementation Fund (Fund 5N40).	111672

Section 231.10. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

111673

General Revenue Fund	111674

GRF	874100	Personal Services	$	1,272,017	$	1,272,017	111675
GRF	874320	Maintenance and Equipment	$	529,391	$	529,391	111676
TOTAL GRF General Revenue Fund			$	1,801,408	$	1,801,408	111677

General Services Fund Group	111678

4G50	874603	Capitol Square Education Center and Arts	$	15,000	$	15,000	111679
4S70	874602	Statehouse Gift Shop/Events	$	686,708	$	686,708	111680
TOTAL GSF General Services							111681
Fund Group			$	701,708	$	701,708	111682

Underground Parking Garage	111683

2080	874601	Underground Parking Garage Operations	$	3,290,052	$	3,186,573	111684
TOTAL UPG Underground Parking							111685
Garage			$	3,290,052	$	3,186,573	111686
TOTAL ALL BUDGET FUND GROUPS			$	5,793,168	$	5,689,689	111687

WAREHOUSE PAYMENTS

111688

Of the foregoing appropriation item 874601, Underground	111689
Parking Garage Operations, $48,000 in each fiscal year shall be	111690
used to meet all payments at the times they are required to be	111691
made during the period from July 1, 2011, through June 30, 2013,	111692
to the Ohio Building Authority for bond service charges relating	111693
to the purchase and improvement of a warehouse acquired pursuant	111694
to section 105.41 of the Revised Code, in which to store items of	111695
the Capitol Collection Trust and, whenever necessary, equipment or	111696
other property of the Board.	111697

BOILER REPLACEMENT PAYMENTS

111698

Of the foregoing appropriation item 874601, Underground	111699
Parking Garage Operations, $100,000 in each fiscal year shall be	111700
used to meet all payments at the time they are required to be made	111701
during the period from July 1, 2011, through June 30, 2013, to the	111702
Ohio Building Authority for bond service charges relating to	111703
appropriation item C87416, Statehouse Boiler Replacement.	111704

UNDERGROUND PARKING GARAGE FUND

111705

Notwithstanding division (G) of section 105.41 of the Revised	111706
Code and any other provision to the contrary, moneys in the	111707
Underground Parking Garage Fund (Fund 2080) may be used for	111708
personnel and operating costs related to the operations of the	111709
Statehouse and the Statehouse Underground Parking Garage.	111710

Section 233.10. SCR STATE BOARD OF CAREER COLLEGES AND	111711
SCHOOLS	111712

General Services Fund Group	111713

4K90	233601	Operating Expenses	$	558,658	$	579,328	111714
TOTAL GSF General Services Fund Group			$	558,658	$	579,328	111715
TOTAL ALL BUDGET FUND GROUPS			$	558,658	$	579,328	111716

Section 235.10. CAC CASINO CONTROL COMMISSION

111718

State Special Revenue Fund Group	111719

5HS0	955321	Casino Control - Operating	$	8,263,312	$	13,121,283	111720
TOTAL SSR State Special Revenue Fund Group			$	8,263,312	$	13,121,283	111721
TOTAL ALL BUDGET FUND GROUPS			$	8,263,312	$	13,121,283	111722

Section 237.10. CDP CHEMICAL DEPENDENCY PROFESSIONALS BOARD

111724

General Services Fund Group	111725

4K90	930609	Operating Expenses	$	433,734	$	417,827	111726
TOTAL GSF General Services Fund Group			$	433,734	$	417,827	111727
TOTAL ALL BUDGET FUND GROUPS			$	433,734	$	417,827	111728

Section 239.10. CHR STATE CHIROPRACTIC BOARD

111730

General Services Fund Group	111731

4K90	878609	Operating Expenses	$	592,916	$	584,925	111732
TOTAL GSF General Services Fund Group			$	592,916	$	584,925	111733
TOTAL ALL BUDGET FUND GROUPS			$	592,916	$	584,925	111734

Section 241.10. CIV OHIO CIVIL RIGHTS COMMISSION

111736

General Revenue Fund	111737

GRF	876321		Operating Expenses		$	4,725,784		$	4,725,784		111738
TOTAL GRF General Revenue Fund					$	4,725,784		$	4,725,784		111739

General Services Fund Group	111740

2170	876604	Operations Support	$	8,000	$	8,000	111741
TOTAL GSF General Services							111742
Fund Group			$	8,000	$	8,000	111743

Federal Special Revenue Fund Group	111744

3340	876601	Federal Programs	$	2,762,000	$	2,762,000	111745
TOTAL FED Federal Special Revenue							111746
Fund Group			$	2,762,000	$	2,762,000	111747

TOTAL ALL BUDGET FUND GROUPS

7,495,784

111748

Section 243.10. COM DEPARTMENT OF COMMERCE

111750

General Services Fund Group	111751

1630	800620	Division of Administration	$	7,305,337	$	7,328,301	111752
1630	800637	Information Technology	$	5,999,892	$	6,011,977	111753
5430	800602	Unclaimed Funds-Operating	$	7,836,107	$	7,841,473	111754
5430	800625	Unclaimed Funds-Claims	$	69,700,000	$	69,800,000	111755
5F10	800635	Small Government Fire Departments	$	300,000	$	300,000	111756
TOTAL GSF General Services Fund							111757
Group			$	91,141,336	$	91,281,751	111758

Federal Special Revenue Fund Group	111759

3480	800622	Underground Storage Tanks	$	1,129,518	$	1,129,518	111760
3480	800624	Leaking Underground Storage Tanks	$	1,556,211	$	1,556,211	111761
TOTAL FED Federal Special Revenue							111762
Fund Group			$	2,685,729	$	2,685,729	111763

State Special Revenue Fund Group	111764

4B20	800631	Real Estate Appraisal Recovery	$	35,000	$	35,000	111765
4H90	800608	Cemeteries	$	268,067	$	268,293	111766
4X20	800619	Financial Institutions	$	2,186,271	$	1,990,693	111767
5440	800612	Banks	$	7,242,364	$	6,942,336	111768
5450	800613	Savings Institutions	$	2,257,220	$	2,259,536	111769
5460	800610	Fire Marshal	$	16,523,862	$	15,501,562	111770
5460	800639	Fire Department Grants	$	1,698,802	$	1,698,802	111771
5470	800603	Real Estate Education/Research	$	125,000	$	125,000	111772
5480	800611	Real Estate Recovery	$	25,000	$	25,000	111773
5490	800614	Real Estate	$	3,413,708	$	3,332,308	111774
5500	800617	Securities	$	4,312,434	$	4,314,613	111775
5520	800604	Credit Union	$	3,450,390	$	3,450,390	111776
5530	800607	Consumer Finance	$	3,613,016	$	3,516,861	111777
5560	800615	Industrial Compliance	$	27,639,372	$	27,664,695	111778
5FW0	800616	Financial Literacy Education	$	240,000	$	240,000	111779
5GK0	800609	Securities Investor Education/Enforcement	$	1,135,000	$	485,000	111780
5HV0	800641	Cigarette Enforcement	$	120,000	$	120,000	111781
5X60	800623	Video Service	$	340,299	$	340,630	111782
6530	800629	UST Registration/Permit Fee	$	1,854,675	$	1,509,653	111783
6A40	800630	Real Estate Appraiser-Operating	$	699,565	$	648,890	111784
TOTAL SSR State Special Revenue							111785
Fund Group			$	77,180,045	$	74,469,262	111786

Liquor Control Fund Group	111787

7043	800601	Merchandising	$	472,209,274	$	0	111788
7043	800627	Liquor Control Operating	$	13,398,274	$	10,110,479	111789
7043	800633	Development Assistance Debt Service	$	51,973,200	$	0	111790
7043	800636	Revitalization Debt Service	$	21,129,800	$	0	111791
TOTAL LCF Liquor Control							111792
Fund Group			$	558,710,548	$	10,110,479	111793
TOTAL ALL BUDGET FUND GROUPS			$	729,717,658		178,547,221	111794

SMALL GOVERNMENT FIRE DEPARTMENTS

111795

Notwithstanding section 3737.17 of the Revised Code, the	111796
foregoing appropriation item 800635, Small Government Fire	111797
Departments, may be used to provide loans to private fire	111798
departments.	111799

UNCLAIMED FUNDS PAYMENTS

111800

The foregoing appropriation item 800625, Unclaimed	111801
Funds-Claims, shall be used to pay claims under section 169.08 of	111802
the Revised Code. If it is determined that additional amounts are	111803
necessary, the amounts are appropriated.	111804

UNCLAIMED FUNDS TRANSFERS

111805

Notwithstanding division (A) of section 169.05 of the Revised	111806
Code, on or after June 1, 2012, the Director of Budget and	111807
Management shall request the Director of Commerce to transfer to	111808
the General Revenue Fund up to $115,000,000 of unclaimed funds	111809
that have been reported by holders of unclaimed funds under	111810
section 169.05 of the Revised Code, irrespective of the allocation	111811
of the unclaimed funds under that section. After such request has	111812
been made, the Director of Commerce shall transfer the funds prior	111813
to June 30, 2012.	111814

Notwithstanding division (A) of section 169.05 of the Revised	111815
Code, on or after June 1, 2013, the Director of Budget and	111816
Management shall request the Director of Commerce to transfer to	111817
the General Revenue Fund up to $100,000,000 of unclaimed funds	111818
that have been reported by holders of unclaimed funds under	111819
section 169.05 of the Revised Code, irrespective of the allocation	111820
of the unclaimed funds under that section. After such request has	111821
been made, the Director of Commerce shall transfer the funds prior	111822
to June 30, 2013.	111823

FIRE DEPARTMENT GRANTS

111824

Of the foregoing appropriation item 800639, Fire Department	111825
Grants, up to $1,647,140 in each fiscal year shall be used to make	111826
annual grants to volunteer fire departments, fire departments that	111827
serve one or more small municipalities or small townships, joint	111828
fire districts comprised of fire departments that primarily serve	111829
small municipalities or small townships, local units of government	111830
responsible for such fire departments, and local units of	111831
government responsible for the provision of fire protection	111832
services for small municipalities or small townships.	111833

The grants shall be used by recipients to purchase	111834
firefighting or rescue equipment or gear or similar items, to	111835
provide full or partial reimbursement for the documented costs of	111836
firefighter training, or, at the discretion of the State Fire	111837
Marshal, to cover fire department costs for providing fire	111838
protection services in that grant recipient's jurisdiction.	111839

Grant awards for firefighting or rescue equipment or gear or	111840
for fire department costs of providing fire protection services	111841
shall be up to $15,000 per fiscal year, or up to $25,000 per	111842
fiscal year if an eligible entity serves a jurisdiction in which	111843
the Governor declared a natural disaster during the preceding or	111844
current fiscal year in which the grant was awarded. In addition to	111845
any grant funds awarded for rescue equipment or gear, or for fire	111846
department costs associated with the provision of fire protection	111847
services, an eligible entity may receive a grant for up to $15,000	111848
per fiscal year for full or partial reimbursement of the	111849
documented costs of firefighter training. For each fiscal year,	111850
the State Fire Marshal shall determine the total amounts to be	111851
allocated for each eligible purpose.	111852

The grant program shall be administered by the State Fire	111853
Marshal in accordance with rules the State Fire Marshal adopts as	111854
part of the state fire code adopted pursuant to section 3737.82 of	111855
the Revised Code that are necessary for the administration and	111856
operation of the grant program. The rules may further define the	111857
entities eligible to receive grants and establish criteria for the	111858
awarding and expenditure of grant funds, including methods the	111859
State Fire Marshal may use to verify the proper use of grant funds	111860
or to obtain reimbursement for or the return of equipment for	111861
improperly used grant funds. Any amounts in appropriation item	111862
800639, Fire Department Grants, in excess of the amount allocated	111863
for these grants may be used for the administration of the grant	111864
program.	111865

CASH TRANSFERS TO THE DIVISION OF SECURITIES INVESTOR	111866
EDUCATION AND ENFORCEMENT EXPENSE FUND	111867

The Director of Budget and Management, upon the request of	111868
the Director of Commerce, shall transfer up to $485,000 in cash in	111869
each fiscal year from the Division of Securities Fund (Fund 5500)	111870
to the Division of Securities Investor Education and Enforcement	111871
Expense Fund (Fund 5GK0) created in section 1707.37 of the Revised	111872
Code.	111873

CASH TRANSFER TO VIDEO SERVICE AUTHORIZATION FUND

111874

The Director of Budget and Management, upon the request of	111875
the Director of Commerce, shall transfer up to $340,000 in cash in	111876
each fiscal year from the Division of Administration Fund (Fund	111877
1630) to the Video Service Authorization Fund (Fund 5X60).	111878

INCREASED APPROPRIATION - MERCHANDISING

111879

The foregoing appropriation item 800601, Merchandising, shall	111880
be used under section 4301.12 of the Revised Code. If it is	111881
determined that additional expenditures are necessary, the amounts	111882
are hereby appropriated.	111883

DEVELOPMENT ASSISTANCE DEBT SERVICE

111884

The foregoing appropriation item 800633, Development	111885
Assistance Debt Service, shall be used to pay debt service and	111886
related financing costs at the times they are required to be made	111887
during the period from July 1, 2011, to June 30, 2012, for bond	111888
service charges on obligations issued under Chapter 166. of the	111889
Revised Code. If it is determined that additional appropriations	111890
are necessary for this purpose, such amounts are appropriated,	111891
subject to the limitations set forth in section 166.11 of the	111892
Revised Code. An appropriation for this purpose is not required,	111893
but is made in this form and in this act for record purposes only.	111894

REVITALIZATION DEBT SERVICE

111895

The foregoing appropriation item 800636, Revitalization Debt	111896
Service, shall be used to pay debt service and related financing	111897
costs at the times they are required to be made pursuant to	111898
sections 151.01 and 151.40 of the Revised Code during the period	111899
from July 1, 2011, to June 30, 2012. If it is determined that	111900
additional appropriations are necessary for this purpose, such	111901
amounts are hereby appropriated. The General Assembly acknowledges	111902
the priority of the pledge of a portion of receipts from that	111903
source to obligations issued and to be issued under Chapter 166.	111904
of the Revised Code.	111905

LIQUOR CONTROL FUND TRANSFER

111906

On January 1, 2012, or as soon as possible thereafter, the	111907
Director of Budget and Management may transfer up to $7,390,407 in	111908
cash from the General Revenue Fund to the Liquor Control Fund	111909
(Fund 7043) for the liquor permitting and compliance functions of	111910
the Division of Liquor Control in the Department of Commerce and	111911
for the operations of the Liquor Control Commission and the	111912
Department of Public Safety pursuant to Chapter 4301. of the	111913
Revised Code.	111914

On July 1, 2012, or as soon as possible thereafter, the	111915
Director of Budget and Management may transfer up to $15,582,085	111916
in cash from the General Revenue Fund to the Liquor Control Fund	111917
(Fund 7043) for the liquor permitting and compliance functions of	111918
the Division of Liquor Control in the Department of Commerce and	111919
for the operations of the Liquor Control Commission and the	111920
Department of Public Safety pursuant to Chapter 4301. of the	111921
Revised Code.	111922

ADMINISTRATIVE ASSESSMENTS

111923

Notwithstanding any other provision of law to the contrary,	111924
the Division of Administration Fund (Fund 1630) is entitled to	111925
receive assessments from all operating funds of the Department in	111926
accordance with procedures prescribed by the Director of Commerce	111927
and approved by the Director of Budget and Management.	111928

Section 245.10. OCC OFFICE OF CONSUMERS' COUNSEL

111929

General Services Fund Group	111930

5F50	053601	Operating Expenses	$	4,141,093	$	4,142,070	111931
TOTAL GSF General Services Fund Group			$	4,141,093	$	4,142,070	111932
TOTAL ALL BUDGET FUND GROUPS			$	4,141,093	$	4,142,070	111933

Section 247.10. CEB CONTROLLING BOARD

111935

General Revenue Fund	111936

GRF	911401	Emergency Purposes/Contingencies	$	5,000,000	$	5,000,000	111937
GRF	911441	Ballot Advertising Costs	$	475,000	$	475,000	111938
TOTAL GRF General Revenue Fund			$	5,475,000	$	5,475,000	111939
TOTAL ALL BUDGET FUND GROUPS			$	5,475,000	$	5,475,000	111940

DISASTER SERVICES FUND TRANSFERS TO THE EMERGENCY	111941
PURPOSES/CONTINGENCIES APPROPRIATION LINE ITEM	111942

The Controlling Board may, at the request of any state agency	111943
or the Director of Budget and Management, transfer all or part of	111944
the appropriation in appropriation item 911401, Emergency	111945
Purposes/Contingencies, for the purpose of providing disaster and	111946
emergency situation aid to state agencies and political	111947
subdivisions in the event of disasters and emergency situations or	111948
for the other purposes noted in this section, including, but not	111949
limited to, costs related to the disturbance that occurred on	111950
April 11, 1993, at the Southern Ohio Correctional Facility in	111951
Lucasville, Ohio.	111952

FEDERAL SHARE

111953

In transferring appropriations to or from appropriation items	111954
that have federal shares identified in this act, the Controlling	111955
Board shall add or subtract corresponding amounts of federal	111956
matching funds at the percentages indicated by the state and	111957
federal division of the appropriations in this act. Such changes	111958
are hereby appropriated.	111959

DISASTER ASSISTANCE

111960

Pursuant to requests submitted by the Department of Public	111961
Safety, the Controlling Board may approve transfers from	111962
appropriation item 911401, Emergency Purposes/Contingencies, to	111963
appropriation items used by the Department of Public Safety to	111964
provide funding for assistance to political subdivisions and	111965
individuals made necessary by natural disasters or emergencies.	111966
Such transfers may be requested and approved prior to or following	111967
the occurrence of any specific natural disasters or emergencies in	111968
order to facilitate the provision of timely assistance.	111969

DISASTER SERVICES

111970

Pursuant to requests submitted by the Department of Public	111971
Safety, the Controlling Board may approve transfers from the	111972
Disaster Services Fund (5E20) to a fund and appropriation item	111973
used by the Department of Public Safety to provide for assistance	111974
to political subdivisions made necessary by natural disasters or	111975
emergencies. These transfers may be requested and approved prior	111976
to the occurrence of any specific natural disasters or emergencies	111977
in order to facilitate the provision of timely assistance. The	111978
Emergency Management Agency of the Department of Public Safety	111979
shall use the funding to fund the State Disaster Relief Program	111980
for disasters that have been declared by the Governor, and the	111981
State Individual Assistance Program for disasters that have been	111982
declared by the Governor and the federal Small Business	111983
Administration. The Ohio Emergency Management Agency shall publish	111984
and make available application packets outlining procedures for	111985
the State Disaster Relief Program and the State Individual	111986
Assistance Program.	111987

Fund 5E20 shall be used by the Controlling Board, pursuant to	111988
requests submitted by state agencies, to transfer cash and	111989
appropriations to any fund and appropriation item for the payment	111990
of state agency disaster relief program expenses for disasters	111991
declared by the Governor, if the Director of Budget and Management	111992
determines that sufficient funds exist.	111993

SOUTHERN OHIO CORRECTIONAL FACILITY COST

111994

The Division of Criminal Justice Services in the Department	111995
of Public Safety and the Public Defender Commission may each	111996
request, upon approval of the Director of Budget and Management,	111997
additional funds from appropriation item 911401, Emergency	111998
Purposes/Contingencies, for costs related to the disturbance that	111999
occurred on April 11, 1993, at the Southern Ohio Correctional	112000
Facility in Lucasville, Ohio.	112001

BALLOT ADVERTISING COSTS

112002

Pursuant to section 3501.17 of the Revised Code, and upon	112003
requests submitted by the Secretary of State, the Controlling	112004
Board shall approve transfers from the foregoing appropriation	112005
item 911441, Ballot Advertising Costs, to appropriation item	112006
050621, Statewide Ballot Advertising, in order to pay for the cost	112007
of public notices associated with statewide ballot initiatives.	112008

CAPITAL APPROPRIATION INCREASE FOR FEDERAL STIMULUS	112009
ELIGIBILITY	112010

A state agency director shall request that the Controlling	112011
Board increase the amount of the agency's capital appropriations	112012
if the director determines such an increase is necessary for the	112013
agency to receive and use funds under the federal American	112014
Recovery and Reinvestment Act of 2009. The Controlling Board may	112015
increase the capital appropriations pursuant to the request up to	112016
the exact amount necessary under the federal act if the Board	112017
determines it is necessary for the agency to receive and use those	112018
federal funds.	112019

Section 249.10. COS STATE BOARD OF COSMETOLOGY

112020

General Services Fund Group	112021

4K90	879609	Operating Expenses	$	3,439,545	$	3,364,030	112022
TOTAL GSF General Services Fund							112023
Group			$	3,439,545	$	3,364,030	112024
TOTAL ALL BUDGET FUND GROUPS			$	3,439,545	$	3,364,030	112025

Section 251.10. CSW COUNSELOR, SOCIAL WORKER, AND MARRIAGE	112027
AND FAMILY THERAPIST BOARD	112028

General Services Fund Group	112029

4K90	899609	Operating Expenses	$	1,204,235	$	1,234,756	112030
TOTAL GSF General Services Fund							112031
Group			$	1,204,235	$	1,234,756	112032
TOTAL ALL BUDGET FUND GROUPS			$	1,204,235	$	1,234,756	112033

Section 253.10. CLA COURT OF CLAIMS

112035

General Revenue Fund	112036

GRF	015321		Operating Expenses		$	2,573,508		$	2,501,052		112037
TOTAL GRF General Revenue Fund					$	2,573,508		$	2,501,052		112038

State Special Revenue Fund Group	112039

5K20	015603	CLA Victims of Crime	$	1,582,684	$	1,582,684	112040
TOTAL SSR State Special Revenue							112041
Fund Group			$	1,582,684	$	1,582,684	112042
TOTAL ALL BUDGET FUND GROUPS			$	4,156,192	$	4,083,736	112043

Section 255.10. AFC OHIO CULTURAL FACILITIES COMMISSION

112045

General Revenue Fund	112046

GRF	371321	Operating Expenses	$	98,636	$	98,636	112047
GRF	371401	Lease Rental Payments	$	27,804,900	$	28,465,000	112048
TOTAL GRF General Revenue Fund			$	27,903,536	$	28,563,636	112049

State Special Revenue Fund Group	112050

4T80	371601	Riffe Theatre Equipment Maintenance	$	80,891	$	80,891	112051
4T80	371603	Project Administration Services	$	1,200,000	$	1,200,000	112052
TOTAL SSR State Special Revenue Group			$	1,280,891	$	1,280,891	112053
TOTAL ALL BUDGET FUND GROUPS			$	29,184,427	$	29,844,527	112054

LEASE RENTAL PAYMENTS

112055

The foregoing appropriation item 371401, Lease Rental	112056
Payments, shall be used to meet all payments at the times they are	112057
required to be made during the period from July 1, 2011 through	112058
June 30, 2013, from the Ohio Cultural Facilities Commission under	112059
the primary leases and agreements for those arts and sports	112060
facilities made under Chapters 152. and 154. of the Revised Code.	112061
These appropriations are the source of funds pledged for bond	112062
service charges on related obligations issued under Chapters 152.	112063
and 154. of the Revised Code.	112064

OPERATING EXPENSES

112065

The foregoing appropriation item 371321, Operating Expenses,	112066
shall be used by the Ohio Cultural Facilities Commission to carry	112067
out its responsibilities under this section and Chapter 3383. of	112068
the Revised Code.	112069

The foregoing appropriation item 371603, Project	112070
Administration Services, shall be used by the Ohio Cultural	112071
Facilities Commission in administering Cultural and Sports	112072
Facilities Building Fund (Fund 7030) projects pursuant to Chapter	112073
3383. of the Revised Code.	112074

By the tenth day following each calendar quarter in each	112075
fiscal year, or as soon as possible thereafter, the Director of	112076
Budget and Management shall determine the amount of cash from	112077
interest earnings to be transferred from the Cultural and Sports	112078
Facilities Building Fund (Fund 7030) to the Cultural Facilities	112079
Commission Administration Fund (Fund 4T80).	112080

As soon as possible after each bond issuance made on behalf	112081
of the Cultural Facilities Commission, the Director of Budget and	112082
Management shall determine the amount of cash from any premium	112083
paid on each issuance that is available to be transferred, after	112084
all issuance costs have been paid, from the Cultural and Sports	112085
Facilities Building Fund (Fund 7030) to the Cultural Facilities	112086
Commission Administration Fund (Fund 4T80).	112087

CAPITAL DONATIONS FUND CERTIFICATIONS AND APPROPRIATIONS

112088

The Executive Director of the Cultural Facilities Commission	112089
shall certify to the Director of Budget and Management the amount	112090
of cash receipts and related investment income, irrevocable	112091
letters of credit from a bank, or certification of the	112092
availability of funds that have been received from a county or a	112093
municipal corporation for deposit into the Capital Donations Fund	112094
(Fund 5A10) and that are related to an anticipated project. These	112095
amounts are hereby appropriated to appropriation item C37146,	112096
Capital Donations. Prior to certifying these amounts to the	112097
Director, the Executive Director shall make a written agreement	112098
with the participating entity on the necessary cash flows required	112099
for the anticipated construction or equipment acquisition project.	112100

Section 257.10. DEN STATE DENTAL BOARD

112101

General Services Fund Group	112102

4K90	880609	Operating Expenses	$	1,574,715	$	1,545,684	112103
TOTAL GSF General Services Fund							112104
Group			$	1,574,715	$	1,545,684	112105
TOTAL ALL BUDGET FUND GROUPS			$	1,574,715	$	1,545,684	112106

Section 259.10. BDP BOARD OF DEPOSIT

112108

General Services Fund Group	112109

4M20	974601	Board of Deposit	$	1,876,000	$	1,876,000	112110
TOTAL GSF General Services Fund							112111
Group			$	1,876,000	$	1,876,000	112112
TOTAL ALL BUDGET FUND GROUPS			$	1,876,000	$	1,876,000	112113

BOARD OF DEPOSIT EXPENSE FUND

112114

Upon receiving certification of expenses from the Treasurer	112115
of State, the Director of Budget and Management shall transfer	112116
cash from the Investment Earnings Redistribution Fund (Fund 6080)	112117
to the Board of Deposit Expense Fund (Fund 4M20). The latter fund	112118
shall be used pursuant to section 135.02 of the Revised Code to	112119
pay for any and all necessary expenses of the Board of Deposit or	112120
for banking charges and fees required for the operation of the	112121
State of Ohio Regular Account.	112122

Section 261.10. DEV DEPARTMENT OF DEVELOPMENT

112123

General Revenue Fund	112124

GRF	195401	Thomas Edison Program	$	13,820,354	$	0	112125
GRF	195402	Coal Development Office	$	260,983	$	261,205	112126
GRF	195404	Small Business Development	$	1,565,770	$	0	112127
GRF	195405	Minority Business Enterprise Division	$	1,118,528	$	0	112128
GRF	195407	Travel and Tourism	$	5,000,000	$	0	112129
GRF	195412	Rapid Outreach Grants	$	9,000,000	$	0	112130
GRF	195415	Strategic Business Investment Division and Regional Offices	$	4,500,000	$	0	112131
GRF	195416	Governor's Office of Appalachia	$	3,700,000	$	0	112132
GRF	195422	Technology Action	$	547,341	$	0	112133
GRF	195426	Clean Ohio Implementation	$	468,365	$	0	112134
GRF	195432	Global Markets	$	3,500,000	$	0	112135
GRF	195434	Industrial Training Grants	$	10,000,000	$	0	112136
GRF	195497	CDBG Operating Match	$	1,015,000	$	0	112137
GRF	195501	Appalachian Local Development Districts	$	391,482	$	0	112138
GRF	195502	Appalachian Regional Commission Dues	$	195,000	$	0	112139
GRF	195528	Economic Development Projects	$	0	$	30,230,000	112140
GRF	195901	Coal Research & Development General Obligation Debt Service	$	7,861,100	$	5,577,700	112141
GRF	195905	Third Frontier Research & Development General Obligation Debt Service	$	29,323,300	$	63,640,300	112142
GRF	195912	Job Ready Site Development General Obligation Debt Service	$	9,859,200	$	15,680,500	112143
TOTAL GRF General Revenue Fund			$	102,126,423	$	115,389,705	112144

General Services Fund Group	112145

1350	195684	Supportive Services	$	13,312,881	$	12,326,381	112146
4W10	195646	Minority Business Enterprise Loan	$	2,500,000	$	2,500,000	112147
5AD0	195633	Legacy Projects	$	15,000,000	$	15,000,000	112148
5AD0	195677	Economic Development Contingency	$	10,000,000	$	0	112149
5W50	195690	Travel and Tourism Cooperative Projects	$	100,000	$	100,000	112150
6850	195636	Direct Cost Recovery Expenditures	$	900,000	$	900,000	112151
TOTAL GSF General Services Fund							112152
Group			$	41,812,881	$	30,826,381	112153

Federal Special Revenue Fund Group	112154

3080	195602	Appalachian Regional Commission	$	475,000	$	475,000	112155
3080	195603	Housing and Urban Development	$	6,000,000	$	6,000,000	112156
3080	195605	Federal Projects	$	85,028,606	$	85,470,106	112157
3080	195609	Small Business Administration	$	6,438,143	$	5,511,381	112158
3080	195618	Energy Federal Grants	$	38,000,000	$	3,400,000	112159
3350	195610	Energy Conservation and Emerging Technology	$	1,100,000	$	1,100,000	112160
3AE0	195643	Workforce Development Initiatives	$	16,300,000	$	16,300,000	112161
3DB0	195642	Federal Stimulus - Energy Efficiency & Conservation Block Grants	$	3,000,000	$	42,485	112162
3EG0	195608	Federal Energy Training	$	5,000,000	$	1,344,056	112163
3K80	195613	Community Development Block Grant	$	76,795,818	$	65,210,000	112164
3K90	195611	Home Energy Assistance Block Grant	$	115,743,608	$	115,743,608	112165
3K90	195614	HEAP Weatherization	$	22,000,000	$	22,000,000	112166
3L00	195612	Community Services Block Grant	$	27,240,217	$	27,240,217	112167
3V10	195601	HOME Program	$	40,000,000	$	40,000,000	112168
TOTAL FED Federal Special Revenue							112169
Fund Group			$	443,121,392	$	389,836,853	112170

State Special Revenue Fund Group	112171

4500	195624	Minority Business Bonding Program Administration	$	160,110	$	159,069	112172
4510	195625	Economic Development Financing Operating	$	3,400,000	$	3,400,000	112173
4F20	195639	State Special Projects	$	180,437	$	180,436	112174
4F20	195676	Marketing Initiatives	$	5,000,000	$	0	112175
4F20	195699	Utility Provided Funds	$	500,000	$	500,000	112176
4S00	195630	Tax Incentive Programs	$	650,800	$	650,800	112177
5HJ0	195604	Motion Picture Tax Credit Program	$	50,000	$	50,000	112178
5HR0	195526	Ohio Workforce Job Training	$	20,000,000	$	30,000,000	112179
5JR0	195656	New Market Tax Credit Program	$	50,000	$	50,000	112180
5KD0	195621	Brownfield Stormwater Loan	$	50,000	$	50,000	112181
5M40	195659	Low Income Energy Assistance	$	245,000,000	$	245,000,000	112182
5M50	195660	Advanced Energy Programs	$	8,000,000	$	8,000,000	112183
5W60	195691	International Trade Cooperative Projects	$	160,000	$	160,000	112184
6170	195654	Volume Cap Administration	$	94,397	$	92,768	112185
6460	195638	Low- and Moderate- Income Housing Trust Fund	$	53,000,000	$	53,000,000	112186
TOTAL SSR State Special Revenue							112187
Fund Group			$	336,295,744	$	341,293,073	112188

Facilities Establishment Fund Group	112189

5S90	195628	Capital Access Loan Program	$	2,000,000	$	2,000,000	112190
7009	195664	Innovation Ohio	$	15,000,000	$	15,000,000	112191
7010	195665	Research and Development	$	22,000,000	$	22,000,000	112192
7037	195615	Facilities Establishment	$	65,000,000	$	65,000,000	112193
TOTAL 037 Facilities							112194
Establishment Fund Group			$	104,000,000	$	104,000,000	112195

Clean Ohio Revitalization Fund	112196

7003	195663		Clean Ohio Operating		$	950,000		$	950,000		112197
TOTAL 7003 Clean Ohio Revitalization Fund					$	950,000		$	950,000		112198

Third Frontier Research & Development Fund Group	112199

7011	195686	Third Frontier Operating	$	1,149,750	$	1,149,750	112200
7011	195687	Third Frontier Research & Development Projects	$	183,850,250	$	133,850,250	112201
7014	195620	Third Frontier Operating - Tax	$	1,700,000	$	1,700,000	112202
7014	195692	Research & Development Taxable Bond Projects	$	38,300,000	$	38,300,000	112203
TOTAL 011 Third Frontier Research & Development Fund Group			$	225,000,000	$	175,000,000	112204

Job Ready Site Development Fund Group	112205

7012	195688		Job Ready Site Operating		$	800,000		$	800,000		112206
TOTAL 012 Job Ready Site Development Fund Group					$	800,000		$	800,000		112207

Tobacco Master Settlement Agreement Fund Group	112208

M087	195435	Biomedical Research and Technology Transfer	$	1,999,224	$	1,999,224	112209
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	1,999,224	$	1,999,224	112210
TOTAL ALL BUDGET FUND GROUPS			$	1,256,105,664	$	1,160,095,236	112211

Section 261.10.10. THOMAS EDISON PROGRAM

112213

The foregoing appropriation item 195401, Thomas Edison	112214
Program, shall be used for the purposes of sections 122.28 to	112215
122.38 of the Revised Code. Of the foregoing appropriation item	112216
195401, Thomas Edison Program, not more than ten per cent in each	112217
fiscal year shall be used for operating expenditures in	112218
administering the programs of the Technology and Innovation	112219
Division.	112220

Section 261.10.20. SMALL BUSINESS DEVELOPMENT

112221

The foregoing appropriation item 195404, Small Business	112222
Development, shall be used as matching funds for grants from the	112223
United States Small Business Administration and other federal	112224
agencies, pursuant to Pub. L. No. 96-302 (1980) as amended by Pub.	112225
L. No. 98-395 (1984), and regulations and policy guidelines for	112226
the programs pursuant thereto. This appropriation item also may be	112227
used to provide grants to local organizations to support the	112228
operation of small business development centers and other local	112229
economic development activities that promote small business	112230
development and entrepreneurship.	112231

Section 261.10.30. RAPID OUTREACH GRANTS

112232

Appropriation item 195412, Rapid Outreach Grants, shall be	112233
used as an incentive for attracting, expanding, and retaining	112234
business opportunities for the state in accordance with Chapter	112235
166. of the Revised Code. Of the amount appropriated, no more than	112236
five per cent in each fiscal year shall be used for administrative	112237
costs of the Rapid Outreach Program.	112238

The department shall award funds directly to business	112239
entities considering Ohio for their expansion or new site location	112240
opportunities. Rapid Outreach grants shall be used by recipients	112241
to purchase equipment, make infrastructure improvements, make real	112242
property improvements, or fund other fixed assets. To meet the	112243
particular needs of economic development in a region, the	112244
department may elect to award funds directly to a political	112245
subdivision to assist with making on- or off-site infrastructure	112246
improvements to water and sewage treatment facilities, electric or	112247
gas service connections, fiber optic access, rail facilities, site	112248
preparation, and parking facilities. The Director of Development	112249
may recommend that the funds be used for alternative purposes when	112250
considered appropriate to satisfy an economic development	112251
opportunity or need deemed extraordinary in nature by the Director	112252
including, but not limited to, construction, rehabilitation, and	112253
acquisition projects for rail freight assistance as requested by	112254
the Department of Transportation. The Director of Transportation	112255
shall submit the proposed projects to the Director of Development	112256
for an evaluation of potential economic benefit.	112257

Moneys awarded directly to business entities from the	112258
foregoing appropriation item 195412, Rapid Outreach Grants, may be	112259
expended only after the submission of a request to the Controlling	112260
Board by the Department of Development outlining the planned use	112261
of the funds, and the subsequent approval of the request by the	112262
Controlling Board.	112263

Section 261.10.40. STRATEGIC BUSINESS INVESTMENT DIVISION AND	112264
REGIONAL OFFICES	112265

The foregoing appropriation item 195415, Strategic Business	112266
Investment Division and Regional Offices, shall be used for the	112267
operating expenses of the Strategic Business Investment Division	112268
and the regional economic development offices and for grants for	112269
cooperative economic development ventures.	112270

Section 261.10.50. GOVERNOR'S OFFICE OF APPALACHIA

112271

The foregoing appropriation item 195416, Governor's Office of	112272
Appalachia, may be used for the administrative costs of planning	112273
and liaison activities for the Governor's Office of Appalachia, to	112274
provide financial assistance to projects in Ohio's Appalachian	112275
counties, and to match federal funds from the Appalachian Regional	112276
Commission.	112277

It is the intent of the General Assembly to appropriate for	112278
fiscal year 2013 the same amounts appropriated for fiscal year	112279
2012 in the foregoing appropriation items 195416, Governor's	112280
Office of Appalachia; 195501, Appalachian Local Development	112281
Districts; and 195502, Appalachian Regional Commission Dues.	112282

Section 261.10.60. TECHNOLOGY ACTION

112283

The foregoing appropriation item 195422, Technology Action,	112284
shall be used for operating expenses the Department of Development	112285
incurs for administering sections 184.10 to 184.20 of the Revised	112286
Code. If the appropriation is insufficient to cover the operating	112287
expenses, the Department may request Controlling Board approval to	112288
appropriate the additional amount needed in appropriation item	112289
195686, Third Frontier Operating. The Department shall not request	112290
an amount in excess of the amount needed.	112291

Section 261.10.70. CLEAN OHIO IMPLEMENTATION

112292

The foregoing appropriation item 195426, Clean Ohio	112293
Implementation, shall be used to fund the costs of administering	112294
the Clean Ohio Revitalization program and other urban	112295
revitalization programs that may be implemented by the Department	112296
of Development.	112297

Section 261.10.80. GLOBAL MARKETS

112298

The foregoing appropriation item 195432, Global Markets,	112299
shall be used to administer Ohio's foreign trade and investment	112300
programs, including operation and maintenance of Ohio's	112301
out-of-state trade and investment offices. This appropriation item	112302
also shall be used to fund the Global Markets Division and to	112303
assist Ohio manufacturers, agricultural producers, and service	112304
providers in exporting to foreign countries and to assist in the	112305
attraction of foreign direct investment.	112306

Of the foregoing appropriation item 195432, Global Markets,	112307
$100,000 in fiscal year 2012 shall be used to support the Negev	112308
Foundation as part of the Ohio-Israel Initiative.	112309

Section 261.10.90. OHIO WORKFORCE GUARANTEE PROGRAM

112310

The foregoing appropriation item 195434, Industrial Training	112311
Grants, may be used for the Ohio Workforce Guarantee Program to	112312
promote training through grants to businesses and, in the case of	112313
a business consortium, training and education providers for the	112314
reimbursement of eligible training expenses.	112315

Section 261.20.10. ECONOMIC DEVELOPMENT PROJECTS

112316

The foregoing appropriation item 195528, Economic Development	112317
Projects, may be used for the purposes of Chapter 122. of the	112318
Revised Code. This appropriation item is made in anticipation of	112319
the evaluation of all powers, functions, and duties of the	112320
Department of Development by the Director of Development, as	112321
prescribed in Section 187.05 of the Revised Code. It is the intent	112322
of the General Assembly that the appropriations in the	112323
appropriation item be reallocated upon completion of the	112324
evaluation.	112325

Of the foregoing appropriation item 195528, Economic	112326
Development Projects, $100,000 in fiscal year 2013 shall be used	112327
to support the Negev Foundation as part of the Ohio-Israel	112328
Initiative.	112329

Section 261.20.20. OHIO FILM OFFICE

112330

The Ohio Film Office shall promote media productions in the	112331
state and help the industry optimize its production experience in	112332
the state by enhancing local economies through increased	112333
employment and tax revenues and ensuring an accurate portrayal of	112334
Ohio. The Office shall serve as an informational clearinghouse and	112335
provide technical assistance to the media production industry and	112336
business entities engaged in media production in the state. The	112337
Office shall promote Ohio as the ideal site for media production	112338
and help those in the industry benefit from their experience in	112339
the state.	112340

The primary objective of the Office shall be to encourage	112341
development of a strong capital base for electronic media	112342
production in order to achieve an independent, self-supporting	112343
industry in Ohio. Other objectives shall include:	112344

(A) Attracting private investment for the electronic media	112345
production industry;	112346

(B) Developing a tax infrastructure that encourages private	112347
investment; and	112348

(C) Encouraging increased employment opportunities within	112349
this sector and increased competition with other states.	112350

Section 261.20.30. COAL RESEARCH AND DEVELOPMENT GENERAL	112351
OBLIGATION DEBT SERVICE	112352

The foregoing appropriation line item 195901, Coal Research	112353
and Development General Obligation Debt Service, shall be used to	112354
pay all debt service and related financing costs during the period	112355
July 1, 2011, through June 30, 2013 for obligations issued under	112356
sections 151.01 and 151.07 of the Revised Code.	112357

THIRD FRONTIER RESEARCH & DEVELOPMENT GENERAL OBLIGATION DEBT	112358
SERVICE	112359

The foregoing appropriation item 195905, Third Frontier	112360
Research & Development General Obligation Debt Service, shall be	112361
used to pay all debt service and related financing costs during	112362
the period from July 1, 2011, through June 30, 2013, on	112363
obligations issued for research and development purposes under	112364
sections 151.01 and 151.10 of the Revised Code.	112365

JOB READY SITE DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

112366

The foregoing appropriation item 195912, Job Ready Site	112367
Development General Obligation Debt Service, shall be used to pay	112368
all debt service and related financing costs during the period	112369
from July 1, 2011, through June 30, 2013, on obligations issued	112370
for job ready site development purposes under sections 151.01 and	112371
151.11 of the Revised Code.	112372

Section 261.20.40. SUPPORTIVE SERVICES

112373

The Director of Development may assess divisions of the	112374
department for the cost of central service operations. An	112375
assessment shall contain the characteristics of administrative	112376
ease and uniform application. A division's payments shall be	112377
credited to the Supportive Services Fund (Fund 1350) using an	112378
intrastate transfer voucher.	112379

ECONOMIC DEVELOPMENT CONTINGENCY

112380

The foregoing appropriation item 195677, Economic Development	112381
Contingency, may be used to award funds directly to either (1)	112382
business entities considering Ohio for expansion or new site	112383
location opportunities or (2) political subdivisions to assist	112384
with necessary costs involved in attracting a business entity. In	112385
addition, the Director of Development may award funds for	112386
alternative purposes when appropriate to satisfy an economic	112387
development opportunity or need deemed extraordinary in nature by	112388
the Director.	112389

DIRECT COST RECOVERY EXPENDITURES

112390

The foregoing appropriation item 195636, Direct Cost Recovery	112391
Expenditures, shall be used for reimbursable costs. Revenues to	112392
the General Reimbursement Fund (Fund 6850) shall consist of moneys	112393
charged for administrative costs that are not central service	112394
costs.	112395

Section 261.20.50. HEAP WEATHERIZATION

112396

Up to fifteen per cent of the federal funds deposited to the	112397
credit of the Home Energy Assistance Block Grant Fund (Fund 3K90)	112398
may be expended from appropriation item 195614, HEAP	112399
Weatherization, to provide home weatherization services in the	112400
state as determined by the Director of Development. Any transfers	112401
or increases in appropriation for the foregoing appropriation	112402
items 195614, HEAP Weatherization, or 195611, Home Energy	112403
Assistance Block Grant, shall be subject to approval by the	112404
Controlling Board.	112405

Section 261.20.60. STATE SPECIAL PROJECTS

112406

The State Special Projects Fund (Fund 4F20), may be used for	112407
the deposit of private-sector funds from utility companies and for	112408
the deposit of other miscellaneous state funds. State moneys so	112409
deposited shall be used to match federal housing grants for the	112410
homeless and to market economic development opportunities in the	112411
state. Private-sector moneys shall be deposited for use in	112412
appropriation item 195699, Utility Provided Funds, and shall be	112413
used to (1) pay the expenses of verifying the income-eligibility	112414
of HEAP applicants, (2) leverage additional federal funds, (3)	112415
fund special projects to assist homeless individuals, (4) fund	112416
special projects to assist with the energy efficiency of	112417
households eligible to participate in the Percentage of Income	112418
Payment Plan, and (5) assist with training programs for agencies	112419
that administer low-income customer assistance programs.	112420

Section 261.20.70. TAX INCENTIVE PROGRAMS OPERATING

112421

The foregoing appropriation item 195630, Tax Incentive	112422
Programs, shall be used for the operating costs of the Office of	112423
Grants and Tax Incentives.	112424

Section 261.20.80. MINORITY BUSINESS ENTERPRISE LOAN

112425

All repayments from the Minority Development Financing	112426
Advisory Board Loan Program and the Ohio Mini-Loan Guarantee	112427
Program shall be deposited in the State Treasury to the credit of	112428
the Minority Business Enterprise Loan Fund (Fund 4W10). Operating	112429
costs of administering the Minority Business Enterprise Loan Fund	112430
may be paid from the Minority Business Enterprise Loan Fund (Fund	112431
4W10).	112432

MINORITY BUSINESS BONDING FUND

112433

Notwithstanding Chapters 122., 169., and 175. of the Revised	112434
Code, the Director of Development may, upon the recommendation of	112435
the Minority Development Financing Advisory Board, pledge up to	112436
$10,000,000 in the fiscal year 2012-fiscal year 2013 biennium of	112437
unclaimed funds administered by the Director of Commerce and	112438
allocated to the Minority Business Bonding Program under section	112439
169.05 of the Revised Code. The transfer of any cash by the	112440
Director of Budget and Management from the Department of	112441
Commerce's Unclaimed Funds Fund (Fund 5430) to the Department of	112442
Development's Minority Business Bonding Fund (Fund 4490) shall	112443
occur, if requested by the Director of Development, only if such	112444
funds are needed for payment of losses arising from the Minority	112445
Business Bonding Program, and only after proceeds of the initial	112446
transfer of $2,700,000 by the Controlling Board to the Minority	112447
Business Bonding Program has been used for that purpose. Moneys	112448
transferred by the Director of Budget and Management from the	112449
Department of Commerce for this purpose may be moneys in custodial	112450
funds held by the Treasurer of State. If expenditures are required	112451
for payment of losses arising from the Minority Business Bonding	112452
Program, such expenditures shall be made from appropriation item	112453
195623, Minority Business Bonding Contingency in the Minority	112454
Business Bonding Fund, and such amounts are hereby appropriated.	112455

Section 261.20.90. OHIO INCUMBENT WORKFORCE TRAINING VOUCHERS

112456

(A) On July 1, 2011, or as soon as possible thereafter, the	112457
Director of Budget and Management shall transfer up to $20,000,000	112458
from the Economic Development Programs Fund (Fund 5JC0) used by	112459
the Board of Regents to the Ohio Incumbent Workforce Job Training	112460
Fund (Fund 5HR0) used by the Department of Development.	112461

On July 1, 2012, or as soon as possible thereafter, the	112462
Director of Budget and Management shall transfer up to $30,000,000	112463
from the Economic Development Programs Fund (Fund 5JC0) used by	112464
the Board of Regents to the Ohio Incumbent Workforce Job Training	112465
Fund (Fund 5HR0) used by the Department of Development.	112466

(B) Of the foregoing appropriation item 195526, Ohio	112467
Workforce Job Training, up to $20,000,000 in fiscal year 2012 and	112468
up to $30,000,000 in fiscal year 2013 shall be used to support the	112469
Ohio Incumbent Workforce Training Voucher Program. The Director of	112470
Development and the Chief Investment Officer of JobsOhio may enter	112471
into an agreement to operate the program pursuant to the contract	112472
between the Department of Development and JobsOhio under section	112473
187.04 of the Revised Code. The agreement may include a provision	112474
for granting, loaning, or transferring funds from appropriation	112475
item 195526, Ohio Incumbent Workforce Job Training, to JobsOhio to	112476
provide training for incumbent workers.	112477

(C) Any agreement between the Director and the Chief	112478
Investment Officer under division (B) of this section shall	112479
include guidelines for the operation of the program, including,	112480
but not limited to, the following:	112481

(1) A requirement that a training voucher under the program	112482
shall not exceed $6,000 per worker per year;	112483

(2) A provision for an employer of an eligible employee to	112484
apply for a voucher on behalf of the eligible employee;	112485

(3) A provision for an eligible employee to apply directly	112486
for a training voucher with the pre-approval of the employee's	112487
employer; and	112488

(4) A requirement that an employee participating in the	112489
program, or the employee's employer, shall pay for not less than	112490
thirty-three per cent of the training costs under the program.	112491

Section 261.30.10. ADVANCED ENERGY FUND

112492

The foregoing appropriation item 195660, Advanced Energy	112493
Programs, shall be used to provide financial assistance to	112494
customers for eligible advanced energy projects for residential,	112495
commercial, and industrial business, local government, educational	112496
institution, nonprofit, and agriculture customers, and to pay for	112497
the program's administrative costs as provided in sections 4928.61	112498
to 4928.63 of the Revised Code and rules adopted by the Director	112499
of Development.	112500

VOLUME CAP ADMINISTRATION

112501

The foregoing appropriation item 195654, Volume Cap	112502
Administration, shall be used for expenses related to the	112503
administration of the Volume Cap Program. Revenues received by the	112504
Volume Cap Administration Fund (Fund 6170) shall consist of	112505
application fees, forfeited deposits, and interest earned from the	112506
custodial account held by the Treasurer of State.	112507

Section 261.30.20. INNOVATION OHIO LOAN FUND

112508

The foregoing appropriation item 195664, Innovation Ohio,	112509
shall be used to provide for innovation Ohio purposes, including	112510
loan guarantees and loans under Chapter 166. and particularly	112511
sections 166.12 to 166.16 of the Revised Code.	112512

RESEARCH AND DEVELOPMENT

112513

The foregoing appropriation item 195665, Research and	112514
Development, shall be used to provide for research and development	112515
purposes, including loans, under Chapter 166. and particularly	112516
sections 166.17 to 166.21 of the Revised Code.	112517

LOGISTICS AND DISTRIBUTION INFRASTRUCTURE

112518

Appropriation item 195698, Logistics and Distribution	112519
Infrastructure, shall be used for eligible logistics and	112520
distribution infrastructure projects as defined in section 166.01	112521
of the Revised Code. Any unexpended and unencumbered portion of	112522
the appropriation item at the end of fiscal year 2011 is hereby	112523
reappropriated for the same purpose in fiscal year 2012, and any	112524
unexpended and unencumbered portion of the appropriation item at	112525
the end of fiscal year 2012 is hereby reappropriated for the same	112526
purpose in fiscal year 2013.	112527

After all encumbrances have been paid, the Director of Budget	112528
and Management shall transfer the remaining cash balance in the	112529
Logistics and Distribution Infrastructure Fund (Fund 7008) to the	112530
Facilities Establishment Fund (Fund 7037).	112531

FACILITIES ESTABLISHMENT FUND

112532

The foregoing appropriation item 195615, Facilities	112533
Establishment (Fund 7037), shall be used for the purposes of the	112534
Facilities Establishment Fund under Chapter 166. of the Revised	112535
Code.	112536

Notwithstanding Chapter 166. of the Revised Code, an amount	112537
not to exceed $1,000,000 in cash in fiscal year 2012 may be	112538
transferred from the Facilities Establishment Fund (Fund 7037) to	112539
the Economic Development Financing Operating Fund (Fund 4510). The	112540
transfer is subject to Controlling Board approval under division	112541
(B) of section 166.03 of the Revised Code.	112542

Notwithstanding Chapter 166. of the Revised Code, the	112543
Director of Budget and Management may transfer an amount not to	112544
exceed $2,500,000 in cash in each fiscal year from the Facilities	112545
Establishment Fund (Fund 7037) to the Minority Business Enterprise	112546
Loan Fund (Fund 4W10).	112547

On July 1, 2011, or as soon as possible thereafter, the	112548
Director of Budget and Management shall transfer the unexpended	112549
and unencumbered cash balance in the Urban Development Loans Fund	112550
(Fund 5D20) to the Facilities Establishment Fund (Fund 7037).	112551

On July 1, 2011, or as soon as possible thereafter, the	112552
Director of Budget and Management shall transfer the unexpended	112553
and unencumbered cash balance in the Rural Industrial Park Loan	112554
Fund (Fund 4Z60) to the Facilities Establishment Fund (Fund 7037).	112555

CAPITAL ACCESS LOAN PROGRAM

112556

The foregoing appropriation item 195628, Capital Access Loan	112557
Program, shall be used for operating, program, and administrative	112558
expenses of the program. Funds of the Capital Access Loan Program	112559
shall be used to assist participating financial institutions in	112560
making program loans to eligible businesses that face barriers in	112561
accessing working capital and obtaining fixed-asset financing.	112562

Section 261.30.30. CLEAN OHIO OPERATING EXPENSES

112563

The foregoing appropriation item 195663, Clean Ohio	112564
Operating, shall be used by the Department of Development in	112565
administering Clean Ohio Revitalization Fund (Fund 7003) projects	112566
pursuant to sections 122.65 to 122.658 of the Revised Code.	112567

Section 261.30.40. THIRD FRONTIER OPERATING

112568

The foregoing appropriation items 195686, Third Frontier	112569
Operating, and 195620, Third Frontier Operating - Tax, shall be	112570
used for operating expenses incurred by the Department of	112571
Development in administering projects pursuant to sections 184.10	112572
to 184.20 of the Revised Code. Operating expenses paid from item	112573
195686 shall be limited to the administration of projects funded	112574
from the Third Frontier Research & Development Fund (Fund 7011)	112575
and operating expenses paid from item 195620 shall be limited to	112576
the administration of projects funded from the Third Frontier	112577
Research & Development Taxable Bond Project Fund (Fund 7014).	112578

Section 261.30.50. THIRD FRONTIER RESEARCH AND DEVELOPMENT	112579
PROJECTS AND RESEARCH AND DEVELOPMENT TAXABLE BOND PROJECTS	112580

The foregoing appropriation items 195687, Third Frontier	112581
Research & Development Projects, 195692, Research & Development	112582
Taxable Bond Projects, and 195620, Third Frontier Operating - Tax,	112583
shall be used by the Department of Development to fund selected	112584
projects. Eligible costs are those costs of research and	112585
development projects to which the proceeds of the Third Frontier	112586
Research & Development Fund (Fund 7011) and the Research &	112587
Development Taxable Bond Project Fund (Fund 7014) are to be	112588
applied.	112589

TRANSFERS OF THIRD FRONTIER APPROPRIATIONS

112590

The Director of Budget and Management may approve written	112591
requests from the Director of Development for the transfer of	112592
appropriations between appropriation items 195687, Third Frontier	112593
Research & Development Projects, and 195692, Research &	112594
Development Taxable Bond Projects, based upon awards recommended	112595
by the Third Frontier Commission. The transfers are subject to	112596
approval by the Controlling Board.	112597

On or before June 30, 2012, any unexpended and unencumbered	112598
portions of the foregoing appropriation items 195687, Third	112599
Frontier Research & Development Projects, and 195692, Research &	112600
Development Taxable Bond Projects, for fiscal year 2012 are hereby	112601
reappropriated to the Department of Development for the same	112602
purposes for fiscal year 2013.	112603

AUTHORITY TO ISSUE AND SELL ORIGINAL OBLIGATIONS

112604

The Ohio Public Facilities Commission, upon request of the	112605
Department of Development, is hereby authorized to issue and sell,	112606
in accordance with Section 2p of Article VIII, Ohio Constitution,	112607
and particularly sections 151.01 and 151.10 of the Revised Code,	112608
original obligations of the State of Ohio in an aggregate amount	112609
not to exceed $400,000,000 in addition to the original issuance of	112610
obligations authorized by prior acts of the General Assembly. The	112611
authorized obligations shall be issued and sold from time to time	112612
and in amounts necessary to ensure sufficient moneys to the credit	112613
of the Third Frontier Research and Development Fund (Fund 7011) to	112614
pay costs of research and development projects.	112615

Section 261.30.60. JOB READY SITE OPERATING

112616

The foregoing appropriation item 195688, Job Ready Site	112617
Operating, shall be used for operating expenses incurred by the	112618
Department of Development in administering Job Ready Site	112619
Development Fund (Fund 7012) projects pursuant to sections 122.085	112620
to 122.0820 of the Revised Code. Operating expenses include, but	112621
are not limited to, certain qualified expenses of the District	112622
Public Works Integrating Committees, as applicable, engineering	112623
review of submitted applications by the State Architect or a third	112624
party engineering firm, audit and accountability activities, and	112625
costs associated with formal certifications verifying that site	112626
infrastructure is in place and is functional.	112627

Section 261.30.70. OHIO COAL DEVELOPMENT OFFICE

112628

On July 1, 2011, or as soon as possible thereafter, the	112629
Director of Budget and Management shall transfer any unexpended	112630
and unencumbered portion of appropriation item 898604, Coal	112631
Research and Development Fund, used by the Ohio Air Quality	112632
Development Authority, to a new capital appropriation item in the	112633
Department of Development, to be determined by the Director. The	112634
Director also shall cancel all outstanding encumbrances against	112635
appropriation item 898604, Coal Research and Development Fund, and	112636
reestablish them against the foregoing new capital appropriation	112637
item. The amounts of the transfer and the reestablished	112638
encumbrances, plus $2,283,264, are hereby appropriated for fiscal	112639
year 2012 in the foregoing new appropriation item and shall be	112640
used to provide funding for coal research and development	112641
purposes.	112642

Section 261.30.80. THIRD FRONTIER BIOMEDICAL RESEARCH AND	112643
COMMERCIALIZATION SUPPORT	112644

The General Assembly and the Governor recognize the role that	112645
the biomedical industry has in job creation, innovation, and	112646
economic development throughout Ohio. It is the intent of the	112647
General Assembly, the Governor, the Director of Development, and	112648
the Director of Budget and Management to work together in	112649
continuing to provide comprehensive state support for the	112650
biomedical industry.	112651

Section 261.30.90. UNCLAIMED FUNDS TRANSFER

112652

(A) Notwithstanding division (A) of section 169.05 of the	112653
Revised Code, upon the request of the Director of Budget and	112654
Management, the Director of Commerce, before June 30, 2012, shall	112655
transfer to the Job Development Initiatives Fund (Fund 5AD0) an	112656
amount not to exceed $25,000,000 in cash of the unclaimed funds	112657
that have been reported by the holders of unclaimed funds under	112658
section 169.05 of the Revised Code, regardless of the allocation	112659
of the unclaimed funds described under that section.	112660

Notwithstanding division (A) of section 169.05 of the Revised	112661
Code, upon the request of the Director of Budget and Management,	112662
the Director of Commerce, before June 30, 2013, shall transfer to	112663
the Job Development Initiatives Fund (Fund 5AD0) an amount not to	112664
exceed $15,000,000 in cash of the unclaimed funds that have been	112665
reported by the holders of unclaimed funds under section 169.05 of	112666
the Revised Code, regardless of the allocation of the unclaimed	112667
funds described under that section.	112668

(B) Notwithstanding division (A) of section 169.05 of the	112669
Revised Code, upon the request of the Director of Budget and	112670
Management, the Director of Commerce, before June 30, 2012, shall	112671
transfer to the State Special Projects Fund (Fund 4F20) an amount	112672
not to exceed $5,000,000 in cash of the unclaimed funds that have	112673
been reported by the holders of unclaimed funds under section	112674
169.05 of the Revised Code, regardless of the allocation of the	112675
unclaimed funds described under that section.	112676

Section 261.40.10. WORKFORCE DEVELOPMENT

112677

The Director of Development and the Director of Job and	112678
Family Services may enter into one or more interagency agreements	112679
between the two departments and take other actions the directors	112680
consider appropriate to further integrate workforce development	112681
into a larger economic development strategy, to implement the	112682
recommendations of the Workforce Policy Board, and to complete	112683
activities related to the transition of the administration of	112684
employment programs identified by the board. Subject to the	112685
approval of the Director of Budget and Management, the Department	112686
of Development and the Department of Job and Family Services may	112687
expend moneys to support the recommendations of the Workforce	112688
Policy Board in the area of integration of employment functions as	112689
described in this paragraph and to complete implementation and	112690
transition activities from the appropriations to those	112691
departments.	112692

Section 263.10. DDD DEPARTMENT OF DEVELOPMENTAL DISABILITIES

112693

General Revenue Fund	112694

GRF	320321	Central Administration	$	4,422,794	$	4,422,794	112695
GRF	320412	Protective Services	$	2,174,826	$	1,957,343	112696
GRF	320415	Lease-Rental Payments	$	18,394,250	$	19,907,900	112697
GRF	322407	Medicaid State Match	$	218,034,162	$	214,902,506	112698
GRF	322451	Family Support Services	$	5,932,758	$	5,932,758	112699
GRF	322501	County Boards Subsidies	$	40,906,365	$	44,449,280	112700
GRF	322503	Tax Equity	$	14,000,000	$	14,000,000	112701
TOTAL GRF General Revenue Fund			$	303,865,155	$	305,572,581	112702

General Services Fund Group	112703

1520	323609		Developmental Center and Residential Operating Services		$	3,414,317		$	3,414,317		112704
TOTAL GSF General Services Fund Group					$	3,414,317		$	3,414,317		112705

Federal Special Revenue Fund Group	112706

3A50	320613	DD Council	$	3,341,572	$	3,341,572	112707
3250	322612	Community Social Service Programs	$	11,017,754	$	10,604,896	112708
3DZ0	322648	Enhanced Medicaid - Federal	$	10,000,000	$	0	112709
3G60	322639	Medicaid Waiver - Federal	$	866,566,007	$	985,566,007	112710
3M70	322650	CAFS Medicaid	$	29,349,502	$	29,349,502	112711
3A40	323605	Developmental Center and Residential Facility Services and Support	$	180,266,029	$	179,384,881	112712
TOTAL FED Federal Special Revenue Fund Group			$	1,100,540,864	$	1,208,246,858	112713

State Special Revenue Fund Group	112714

5GE0	320606	Operating and Services	$	7,406,609	$	7,407,297	112715
2210	322620	Supplement Service Trust	$	150,000	$	150,000	112716
4K80	322604	Medicaid Waiver - State Match	$	12,000,000	$	12,000,000	112717
5CT0	322632	Intensive Behavioral Needs	$	1,000,000	$	1,000,000	112718
5DJ0	322625	Targeted Case Management Match	$	21,000,000	$	24,000,000	112719
5DJ0	322626	Targeted Case Management Services	$	57,307,357	$	66,000,000	112720
5DK0	322629	Capital Replacement Facilities	$	750,000	$	750,000	112721
5EV0	322627	Program Fees	$	685,000	$	685,000	112722
5H00	322619	Medicaid Repayment	$	160,000	$	160,000	112723
5JX0	322651	Interagency Workgroup - Autism	$	45,000		45,000	112724
5Z10	322624	County Board Waiver Match	$	235,000,000	$	290,000,000	112725
4890	323632	Developmental Center Direct Care Support	$	16,497,170	$	16,497,169	112726
5S20	590622	Medicaid Administration & Oversight	$	20,875,567	$	21,727,540	112727
TOTAL SSR State Special Revenue Fund Group			$	372,876,703	$	440,422,006	112728
TOTAL ALL BUDGET FUND GROUPS			$	1,780,697,039	$	1,957,655,762	112729

Section 263.10.10. LEASE-RENTAL PAYMENTS

112731

The foregoing appropriation item 320415, Lease-Rental	112732
Payments, shall be used to meet all payments at the times they are	112733
required to be made during the period from July 1, 2011, through	112734
June 30, 2013, by the Department of Developmental Disabilities	112735
under leases and agreements made under section 154.20 of the	112736
Revised Code. These appropriations are the source of funds pledged	112737
for bond service charges or obligations issued pursuant to Chapter	112738
154. of the Revised Code.	112739

Section 263.10.20. MEDICAID - STATE MATCH (GRF)

112740

Except as otherwise provided in section 5123.0416 of the	112741
Revised Code, the purposes for which the foregoing appropriation	112742
item 322407, Medicaid State Match, shall be used include the	112743
following:	112744

(A) Home and community-based waiver services under Title XIX	112745
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301,	112746
as amended.	112747

(B) To pay the nonfederal share of the cost of one or more	112748
new intermediate care facilities for the mentally retarded	112749
certified beds, if the Director of Developmental Disabilities is	112750
required by this act to transfer cash from funds used by the	112751
Department to any fund used by the Department of Job and Family	112752
Services to pay such nonfederal share.	112753

(C) To implement the requirements of the agreement settling	112754
the consent decree in Sermak v. Manuel, Case No. C-2-80-220,	112755
United States District Court for the Southern District of Ohio,	112756
Eastern Division.	112757

(D) To implement the requirements of the agreement settling	112758
the consent decree in the Martin v. Strickland, Case No.	112759
89-CV-00362, United States District Court for the Southern	112760
District of Ohio, Eastern Division.	112761

(E) Developmental center and residential facilities services.

112762

(F) Other programs as identified by the Director of	112763
Developmental Disabilities.	112764

Section 263.10.30. FAMILY SUPPORT SERVICES SUBSIDY

112765

(A) The foregoing appropriation item 322451, Family Support	112766
Services, may be used as follows in fiscal year 2012 and fiscal	112767
year 2013:	112768

(1) The appropriation item may be used to provide a subsidy	112769
to county boards of developmental disabilities for family support	112770
services provided under section 5126.11 of the Revised Code. The	112771
subsidy shall be paid in quarterly installments and allocated to	112772
county boards according to a formula the Director of Developmental	112773
Disabilities shall develop in consultation with representatives of	112774
county boards. A county board shall use not more than seven per	112775
cent of its subsidy for administrative costs.	112776

(2) The appropriation item may be used to distribute funds to	112777
county boards for the purpose of addressing economic hardships and	112778
to promote efficiency of operations. In consultation with	112779
representatives of county boards, the Director shall determine the	112780
amount of funds to distribute for these purposes and the criteria	112781
for distributing the funds.	112782

(B) Each county board shall submit reports to the Department	112783
of Developmental Disabilities on the use of funds received under	112784
this section. The reports shall be submitted at the times and in	112785
the manner specified in rules the Director shall adopt in	112786
accordance with Chapter 119. of the Revised Code.	112787

Section 263.10.40. STATE SUBSIDY TO COUNTY DD BOARDS

112788

(A) Except as otherwise provided in the section of this act	112789
titled "Nonfederal Share of New ICF/MR Beds," the foregoing	112790
appropriation item 322501, County Boards Subsidies, shall be used	112791
for the following purposes:	112792

(1) To provide a subsidy to county boards of developmental	112793
disabilities in quarterly installments and allocated according to	112794
a formula developed by the Director of Developmental Disabilities	112795
in consultation with representatives of county boards. Except as	112796
otherwise provided in section 5126.0511 of the Revised Code, or in	112797
division (B) of this section, county boards shall use the subsidy	112798
for early childhood services and adult services provided under	112799
section 5126.05 of the Revised Code, service and support	112800
administration provided under section 5126.15 of the Revised Code,	112801
or supported living as defined in section 5126.01 of the Revised	112802
Code.	112803

(2) To provide funding, as determined necessary by the	112804
Director of Developmental Disabilities, for residential services,	112805
including room and board, and support service programs that enable	112806
individuals with developmental disabilities to live in the	112807
community.	112808

(3) To distribute funds to county boards of developmental	112809
disabilities to address economic hardships and promote efficiency	112810
of operations. The Director shall determine, in consultation with	112811
representatives of county boards, the amount of funds to	112812
distribute for these purposes and the criteria for distributing	112813
the funds.	112814

(B) In collaboration with the county's family and children	112815
first council, a county board of developmental disabilities may	112816
transfer portions of funds received under this section, to a	112817
flexible funding pool in accordance with the section titled FAMILY	112818
AND CHILDREN FIRST FLEXIBLE FUNDING POOL.	112819

Section 263.10.50. COUNTY BOARD SHARE OF WAIVER SERVICES

112820

As used in this section, "home and community-based services"	112821
has the same meaning as in section 5123.01 of the Revised Code.	112822

The Director of Developmental Disabilities shall establish a	112823
methodology to be used in fiscal year 2012 and fiscal year 2013 to	112824
estimate the quarterly amount each county board of developmental	112825
disabilities is to pay of the nonfederal share of home and	112826
community-based services that section 5126.0510 of the Revised	112827
Code requires county boards to pay. Each quarter, the Director	112828
shall submit to a county board written notice of the amount the	112829
county board is to pay for that quarter. The notice shall specify	112830
when the payment is due.	112831

Section 263.10.60. TAX EQUITY

112832

Notwithstanding section 5126.18 of the Revised Code, the	112833
foregoing appropriation item 322503, Tax Equity, may be used to	112834
distribute funds to county boards of developmental disabilities to	112835
address economic hardships and promote efficiency of operations.	112836
The Director shall determine, in consultation with representatives	112837
of county boards, the amount of funds to distribute for these	112838
purposes and the criteria for distributing the funds.	112839

Section 263.10.70. MEDICAID WAIVER - STATE MATCH

112840

The foregoing appropriation item 322604, Medicaid Waiver -	112841
State Match (Fund 4K80), shall be used as state matching funds for	112842
home and community-based waivers.	112843

Section 263.10.80. ICF/MR CONVERSION

112844

(A) As used in this section, "home and community-based	112845
services" has the same meaning as in section 5123.01 of the	112846
Revised Code.	112847

(B) For each quarter of the biennium, the Director of	112848
Developmental Disabilities shall certify to the Director of Budget	112849
and Management the estimated amount needed to fund the provision	112850
of home and community-based services made available by the slots	112851
sought under section 5111.877 of the Revised Code. On receipt of	112852
certification, the Director of Budget and Management shall	112853
transfer the estimated amount in cash from the General Revenue	112854
Fund to the Home and Community-Based Services Fund (Fund 4K80),	112855
used by the Department of Developmental Disabilities. Upon	112856
completion of the transfer, appropriation item 600525, Health	112857
Care/Medicaid, is hereby reduced by the amount transferred under	112858
this section plus the corresponding federal share. The amount	112859
transferred to Fund 4K80 is hereby appropriated to appropriation	112860
item 322604, Medicaid Waiver – State Match.	112861

(C) If receipts credited to the Medicaid Waiver Fund (Fund	112862
3G60) exceed the amounts appropriated from the fund, the Director	112863
of Developmental Disabilities may request the Director of Budget	112864
and Management to authorize expenditures from the fund in excess	112865
of the amounts appropriated. Upon the approval of the Director of	112866
Budget and Management, the additional amounts are hereby	112867
appropriated.	112868

(D) If receipts credited to the Interagency Reimbursement	112869
Fund (Fund 3G50) exceed the amounts appropriated from the fund,	112870
the Director of Job and Family Services may request the Director	112871
of Budget and Management to authorize expenditures from the fund	112872
in excess of the amounts appropriated. Upon approval of the	112873
Director of Budget and Management, the additional amounts are	112874
hereby appropriated.	112875

Section 263.10.90. TARGETED CASE MANAGEMENT SERVICES

112876

County boards of developmental disabilities shall pay the	112877
nonfederal portion of targeted case management costs to the	112878
Department of Developmental Disabilities.	112879

The Directors of Developmental Disabilities and Job and	112880
Family Services may enter into an interagency agreement under	112881
which the Department of Developmental Disabilities shall transfer	112882
cash from the Targeted Case Management Fund (Fund 5DJ0) to the	112883
Medicaid Program Support - State Fund (Fund 5C90) used by the	112884
Department of Job and Family Services in an amount equal to the	112885
nonfederal portion of the cost of targeted case management	112886
services paid by county boards, and the Department of Job and	112887
Family Services shall pay the total cost of targeted case	112888
management claims. The transfer shall be made using an intrastate	112889
transfer voucher.	112890

Section 263.20.10. WITHHOLDING OF FUNDS OWED THE DEPARTMENT

112891

If a county board of developmental disabilities does not	112892
fully pay any amount owed to the Department of Developmental	112893
Disabilities by the due date established by the Department, the	112894
Director of Developmental Disabilities may withhold the amount the	112895
county board did not pay from any amounts due to the county board.	112896
The Director may use any appropriation item or fund used by the	112897
Department to transfer cash to any other fund used by the	112898
Department in an amount equal to the amount owed the Department	112899
that the county board did not pay. Transfers under this section	112900
shall be made using an intrastate transfer voucher.	112901

Section 263.20.20. TRANSFER TO MEDICAID REPAYMENT FUND

112902

On July 1, 2011, or as soon as possible thereafter, the	112903
Director of Developmental Disabilities shall request that the	112904
Director of Budget and Management transfer the cash balance in the	112905
Purchase of Service Fund (Fund 4880) to the Medicaid Repayment	112906
Fund (Fund 5H00). Upon completion of the transfer, Fund 4880 is	112907
hereby abolished. The Director of Developmental Disabilities shall	112908
cancel any existing encumbrances against appropriation item	112909
322603, Provider Audit Refunds, and re-establish them against	112910
appropriation item 322619, Medicaid Repayment. The re-established	112911
encumbrances are hereby appropriated.	112912

Section 263.20.30. DEVELOPMENTAL CENTER BILLING FOR SERVICES

112913

Developmental centers of the Department of Developmental	112914
Disabilities may provide services to persons with mental	112915
retardation or developmental disabilities living in the community	112916
or to providers of services to these persons. The Department may	112917
develop a method for recovery of all costs associated with the	112918
provisions of these services.	112919

Section 263.20.40. TRANSFER OF FUNDS FOR DEVELOPMENTAL CENTER	112920
PHARMACY PROGRAMS	112921

The Director of Developmental Disabilities shall quarterly	112922
transfer cash from the Medicaid - Medicare Fund (Fund 3A40) to the	112923
Medicaid Program Support - State Fund (Fund 5C90) used by the	112924
Department of Job and Family Services, in an amount equal to the	112925
nonfederal share of Medicaid prescription drug claim costs for all	112926
developmental centers paid by the Department of Job and Family	112927
Services. The quarterly transfer shall be made using an intrastate	112928
transfer voucher.	112929

Section 263.20.50. NONFEDERAL MATCH FOR ACTIVE TREATMENT	112930
SERVICES	112931

Any county funds received by the Department of Developmental	112932
Disabilities from county boards for active treatment shall be	112933
deposited in the Developmental Disabilities Operating Fund (Fund	112934
4890).	112935

Section 263.20.60. NONFEDERAL SHARE OF NEW ICF/MR BEDS

112936

(A) As used in this section, "intermediate care facility for	112937
the mentally retarded" has the same meaning as in section 5111.20	112938
of the Revised Code.	112939

(B) If the Department of Developmental Disabilities is	112940
required by section 5111.211 of the Revised Code to pay the	112941
nonfederal share of claims submitted for services that are covered	112942
by the Medicaid program and provided to an eligible Medicaid	112943
recipient by an intermediate care facility for the mentally	112944
retarded, the Director of Developmental Disabilities shall	112945
transfer cash to the Department of Job and Family Services to pay	112946
the nonfederal share of the claims. The transfer shall be made	112947
using an intrastate transfer voucher. Except as otherwise provided	112948
in section 5123.0416 of the Revised Code, the Director shall use	112949
only the following appropriation items for the transfer:	112950

(1) Appropriation item 322407, Medicaid State Match;

112951

(2) Appropriation item 322501, County Boards Subsidies.

112952

(C) If the intermediate care facility for the mentally	112953
retarded is located in a county served by a county board of	112954
developmental disabilities that initiates or supports the	112955
facility's certification as an intermediate care facility for the	112956
mentally retarded by the Director of Health, the cash that the	112957
Director transfers under division (B) of this section shall be	112958
moneys that the Director has allocated to the county board serving	112959
the county in which the facility is located unless the amount of	112960
the allocation is insufficient to pay the entire nonfederal share	112961
of the claims submitted by the facility. If the allocation is	112962
insufficient, the Director shall use as much of such moneys	112963
allocated to other counties as is needed to make up the	112964
difference.	112965

Section 263.20.70. RATE INCREASE FOR WAIVER PROVIDERS	112966
SERVING FORMER RESIDENTS OF DEVELOPMENTAL CENTERS	112967

Subject to approval by the Centers for Medicare and Medicaid	112968
Services, the Department of Job and Family Services shall increase	112969
the rate paid to a provider under the Individual Options Waiver by	112970
fifty-two cents for each fifteen minutes of routine	112971
homemaker/personal care provided to an individual for up to a year	112972
if all of the following apply:	112973

(A) The individual was a resident of a developmental center	112974
immediately prior to enrollment in the waiver;	112975

(B) The provider begins serving the individual on or after	112976
July 1, 2011;	112977

(C) The Director of Developmental Disabilities determines	112978
that the increased rate is warranted by the individual's special	112979
circumstances, including the individual's diagnosis, service	112980
needs, or length of stay at the developmental center, and that	112981
serving the individual through the Individual Options Waiver is	112982
fiscally prudent for the Medicaid program.	112983

Section 265.10. OBD OHIO BOARD OF DIETETICS

112984

General Services Fund Group	112985

4K90	860609	Operating Expenses	$	355,789	$	330,592	112986
TOTAL GSF General Services Fund							112987
Group			$	355,789	$	330,592	112988
TOTAL ALL BUDGET FUND GROUPS			$	355,789	$	330,592	112989

Section 267.10. EDU DEPARTMENT OF EDUCATION

112991

General Revenue Fund	112992

GRF	200100	Personal Services	$	8,579,178	$	8,579,178	112993
GRF	200320	Maintenance and Equipment	$	2,830,407	$	2,830,407	112994
GRF	200408	Early Childhood Education	$	23,268,341	$	23,268,341	112995
GRF	200416	Career-Technical Education Match	$	2,233,195	$	2,233,195	112996
GRF	200420	Computer/Application/ Network Development	$	4,241,296	$	4,241,296	112997
GRF	200421	Alternative Education Programs	$	7,403,998	$	7,403,998	112998
GRF	200422	School Management Assistance	$	2,842,812	$	3,000,000	112999
GRF	200424	Policy Analysis	$	328,558	$	328,558	113000
GRF	200425	Tech Prep Consortia Support	$	260,542	$	260,542	113001
GRF	200426	Ohio Educational Computer Network	$	17,974,489	$	17,974,489	113002
GRF	200427	Academic Standards	$	4,346,060	$	3,700,000	113003
GRF	200437	Student Assessment	$	55,002,167	$	55,002,167	113004
GRF	200439	Accountability/Report Cards	$	3,579,279	$	3,579,279	113005
GRF	200442	Child Care Licensing	$	827,140	$	827,140	113006
GRF	200446	Education Management Information System	$	6,833,070	$	6,833,070	113007
GRF	200447	GED Testing	$	879,551	$	879,551	113008
GRF	200448	Educator Preparation	$	786,737	$	786,737	113009
GRF	200455	Community Schools and Choice Programs	$	2,200,000	$	2,200,000	113010
GRF	200502	Pupil Transportation	$	438,248,936	$	442,113,527	113011
GRF	200505	School Lunch Match	$	9,100,000	$	9,100,000	113012
GRF	200511	Auxiliary Services	$	117,547,099	$	119,250,305	113013
GRF	200532	Nonpublic Administrative Cost Reimbursement	$	52,550,684	$	53,323,944	113014
GRF	200540	Special Education Enhancements	$	135,820,668	$	135,820,668	113015
GRF	200545	Career-Technical Education Enhancements	$	8,802,699	$	8,802,699	113016
GRF	200550	Foundation Funding	$	5,470,788,773	$	5,560,484,181	113017
GRF	200901	Property Tax Allocation - Education	$	1,086,500,000	$	1,095,000,000	113018
TOTAL GRF General Revenue Fund			$	7,463,775,679	$	7,567,823,272	113019

General Services Fund Group	113020

1380	200606	Computer Services-Operational Support	$	7,600,090	$	7,600,090	113021
4520	200638	Miscellaneous Educational Services	$	300,000	$	300,000	113022
4L20	200681	Teacher Certification and Licensure	$	8,147,756	$	8,147,756	113023
5960	200656	Ohio Career Information System	$	529,761	$	529,761	113024
5H30	200687	School District Solvency Assistance	$	25,000,000	$	25,000,000	113025
TOTAL GSF General Services							113026
Fund Group			$	41,577,607	$	41,577,607	113027

Federal Special Revenue Fund Group	113028

3090	200601	Neglected and Delinquent Education	$	2,168,642	$	2,168,642	113029
3670	200607	School Food Services	$	6,803,472	$	6,959,906	113030
3690	200616	Career-Technical Education Federal Enhancement	$	5,000,000	$	5,000,000	113031
3700	200624	Education of Exceptional Children	$	1,905,000	$	0	113032
3780	200660	Learn and Serve	$	619,211	$	619,211	113033
3AF0	200603	Schools Medicaid Administrative Claims	$	639,000	$	639,000	113034
3AN0	200671	School Improvement Grants	$	20,400,000	$	20,400,000	113035
3AX0	200698	Improving Health and Educational Outcomes of Young People	$	630,954	$	630,954	113036
3BK0	200628	Longitudinal Data Systems	$	500,000	$	250,000	113037
3C50	200661	Early Childhood Education	$	14,554,749	$	14,554,749	113038
3CG0	200646	Teacher Incentive Fund	$	1,925,881	$	0	113039
3D10	200664	Drug Free Schools	$	1,500,000	$	0	113040
3D20	200667	Math Science Partnerships	$	9,500,001	$	9,500,001	113041
3DG0	200630	Federal Stimulus - McKinney Vento Grants	$	330,512	$	0	113042
3DJ0	200699	IDEA Part B - Federal Stimulus	$	21,886,803	$	0	113043
3DK0	200642	Title 1A - Federal Stimulus	$	18,633,673	$	0	113044
3DL0	200650	IDEA Preschool - Federal Stimulus	$	670,000	$	0	113045
3DM0	200651	Title IID Technology - Federal Stimulus	$	1,195,100	$	0	113046
3DP0	200652	Title I School Improvement - Federal Stimulus	$	48,500,000	$	30,000,000	113047
3EC0	200653	Teacher Incentive - Federal Stimulus	$	7,500,000	$	7,500,000	113048
3EH0	200620	Migrant Education	$	2,645,905	$	2,645,905	113049
3EJ0	200622	Homeless Children Education	$	1,759,782	$	1,759,782	113050
3EN0	200655	State Data Systems - Federal Stimulus	$	2,500,000	$	2,500,000	113051
3ES0	200657	General Supervisory Enhancement Grant	$	500,000	$	500,000	113052
3ET0	200658	Education Jobs Fund	$	300,000,000	$	50,000,000	113053
3FD0	200665	Race to the Top	$	100,000,000	$	100,000,000	113054
3FE0	200669	Striving Readers	$	180,000	$	100,000	113055
3H90	200605	Head Start Collaboration Project	$	225,000	$	225,000	113056
3L60	200617	Federal School Lunch	$	327,516,539	$	337,323,792	113057
3L70	200618	Federal School Breakfast	$	87,596,850	$	90,224,756	113058
3L80	200619	Child/Adult Food Programs	$	100,850,833	$	103,876,359	113059
3L90	200621	Career-Technical Education Basic Grant	$	48,466,864	$	48,466,864	113060
3M00	200623	ESEA Title 1A	$	530,010,000	$	530,010,000	113061
3M20	200680	Individuals with Disabilities Education Act	$	443,170,050	$	443,170,050	113062
3S20	200641	Education Technology	$	9,487,397	$	9,487,397	113063
3T40	200613	Public Charter Schools	$	14,291,353	$	14,291,353	113064
3Y20	200688	21st Century Community Learning Centers	$	43,720,462	$	45,906,485	113065
3Y60	200635	Improving Teacher Quality	$	101,900,000	$	101,900,000	113066
3Y70	200689	English Language Acquisition	$	8,373,995	$	8,373,995	113067
3Y80	200639	Rural and Low Income Technical Assistance	$	1,500,000	$	1,500,000	113068
3Z20	200690	State Assessments	$	11,882,258	$	11,882,258	113069
3Z30	200645	Consolidated Federal Grant Administration	$	8,949,280	$	8,949,280	113070
TOTAL FED Federal Special							113071
Revenue Fund Group			$	2,310,389,566	$	2,011,315,739	113072

State Special Revenue Fund Group	113073

4540	200610	Guidance and Testing	$	1,050,000	$	1,050,000	113074
4550	200608	Commodity Foods	$	24,000,000	$	24,000,000	113075
4R70	200695	Indirect Operational Support	$	6,500,000	$	6,600,000	113076
4V70	200633	Interagency Operational Support	$	1,117,725	$	1,117,725	113077
5980	200659	Auxiliary Services Reimbursement	$	1,328,910	$	1,328,910	113078
5BB0	200696	State Action for Education Leadership	$	231,300	$	0	113079
5BJ0	200626	Half-Mill Maintenance Equalization	$	17,300,000	$	18,000,000	113080
5KK0	200679	Community School Dropout Programs	$	1,000,000	$	1,000,000	113081
5U20	200685	National Education Statistics	$	300,000	$	300,000	113082
6200	200615	Educational Improvement Grants	$	3,000,000	$	3,000,000	113083
TOTAL SSR State Special Revenue							113084
Fund Group			$	55,827,935	$	56,396,635	113085

Lottery Profits Education Fund Group	113086

7017	200612	Foundation Funding	$	717,500,000	$	680,500,000	113087
TOTAL LPE Lottery Profits							113088
Education Fund Group			$	717,500,000	$	680,500,000	113089

Revenue Distribution Fund Group	113090

7047	200909	School District Property Tax Replacement-Business	$	722,000,000	$	475,000,000	113091
7053	200900	School District Property Tax Replacement-Utility	$	34,000,000	$	30,000,000	113092
TOTAL RDF Revenue Distribution							113093
Fund Group			$	756,000,000		505,000,000	113094
TOTAL ALL BUDGET FUND GROUPS			$	11,345,070,787	$	10,862,613,253	113095

Section 267.10.10. EARLY CHILDHOOD EDUCATION

113097

The Department of Education shall distribute the foregoing	113098
appropriation item 200408, Early Childhood Education, to pay the	113099
costs of early childhood education programs.	113100

(A) As used in this section:

113101

(1) "Provider" means a city, local, exempted village, or	113102
joint vocational school district, or an educational service	113103
center.	113104

(2) In the case of a city, local, or exempted village school	113105
district, "new eligible provider" means a district that did not	113106
receive state funding for Early Childhood Education in the	113107
previous fiscal year or demonstrates a need for early childhood	113108
programs as defined in division (D) of this section.	113109

(3) "Eligible child" means a child who is at least three	113110
years of age as of the district entry date for kindergarten, is	113111
not of the age to be eligible for kindergarten, and whose family	113112
earns not more than two hundred per cent of the federal poverty	113113
guidelines as defined in division (A)(3) of section 5101.46 of the	113114
Revised Code. Children with an Individualized Education Program	113115
and where the Early Childhood Education program is the least	113116
restrictive environment may be enrolled on their third birthday.	113117

(B) In each fiscal year, up to two per cent of the total	113118
appropriation may be used by the Department for program support	113119
and technical assistance. The Department shall distribute the	113120
remainder of the appropriation in each fiscal year to serve	113121
eligible children.	113122

(C) The Department shall provide an annual report to the	113123
Governor, the Speaker of the House of Representatives, and the	113124
President of the Senate and post the report to the Department's	113125
web site, regarding early childhood education programs operated	113126
under this section and the early learning program guidelines.	113127

(D) After setting aside the amounts to make payments due from	113128
the previous fiscal year, in fiscal year 2012, the Department	113129
shall distribute funds first to recipients of funds for early	113130
childhood education programs under Section 265.10.20 of Am. Sub.	113131
H.B. 1 of the 128th General Assembly in the previous fiscal year	113132
and the balance to new eligible providers of early childhood	113133
education programs under this section or to existing providers to	113134
serve more eligible children or for purposes of program expansion,	113135
improvement, or special projects to promote quality and	113136
innovation.	113137

After setting aside the amounts to make payments due from the	113138
previous fiscal year, in fiscal year 2013, the Department shall	113139
distribute funds first to providers of early childhood education	113140
programs under this section in the previous fiscal year and the	113141
balance to new eligible providers or to existing providers to	113142
serve more eligible children or for purposes of program expansion,	113143
improvement, or special projects to promote quality and	113144
innovation.	113145

Awards under this section shall be distributed on a per-pupil	113146
basis, and in accordance with division (H) of this section. The	113147
Department may adjust the per-pupil amount so that the per-pupil	113148
amount multiplied by the number of eligible children enrolled and	113149
receiving services on the first day of December or the business	113150
day closest to that date equals the amount allocated under this	113151
section.	113152

(E) Costs for developing and administering an early childhood	113153
education program may not exceed fifteen per cent of the total	113154
approved costs of the program.	113155

All providers shall maintain such fiscal control and	113156
accounting procedures as may be necessary to ensure the	113157
disbursement of, and accounting for, these funds. The control of	113158
funds provided in this program, and title to property obtained,	113159
shall be under the authority of the approved provider for purposes	113160
provided in the program unless, as described in division (J) of	113161
this section, the program waives its right for funding or a	113162
program's funding is eliminated or reduced due to its inability to	113163
meet financial or early learning program guidelines. The approved	113164
provider shall administer and use such property and funds for the	113165
purposes specified.	113166

(F) The Department may examine a provider's financial and	113167
program records. If the financial practices of the program are not	113168
in accordance with standard accounting principles or do not meet	113169
financial standards outlined under division (E) of this section,	113170
or if the program fails to substantially meet the early learning	113171
program guidelines or exhibits below average performance as	113172
measured against the guidelines, the early childhood education	113173
program shall propose and implement a corrective action plan that	113174
has been approved by the Department. The approved corrective	113175
action plan shall be signed by the chief executive officer and the	113176
executive of the official governing body of the provider. The	113177
corrective action plan shall include a schedule for monitoring by	113178
the Department. Such monitoring may include monthly reports,	113179
inspections, a timeline for correction of deficiencies, and	113180
technical assistance to be provided by the Department or obtained	113181
by the early childhood education program. The Department may	113182
withhold funding pending corrective action. If an early childhood	113183
education program fails to satisfactorily complete a corrective	113184
action plan, the Department may deny expansion funding to the	113185
program or withdraw all or part of the funding to the program and	113186
establish a new eligible provider through a selection process	113187
established by the Department.	113188

(G) Each early childhood education program shall do all of	113189
the following:	113190

(1) Meet teacher qualification requirements prescribed by	113191
section 3301.311 of the Revised Code;	113192

(2) Align curriculum to the early learning content standards	113193
developed by the Department;	113194

(3) Meet any child or program assessment requirements	113195
prescribed by the Department;	113196

(4) Require teachers, except teachers enrolled and working to	113197
obtain a degree pursuant to section 3301.311 of the Revised Code,	113198
to attend a minimum of twenty hours every two years of	113199
professional development as prescribed by the Department;	113200

(5) Document and report child progress as prescribed by the	113201
Department;	113202

(6) Meet and report compliance with the early learning	113203
program guidelines as prescribed by the Department.	113204

(H) Per-pupil funding for programs subject to this section	113205
shall be sufficient to provide eligible children with services for	113206
a standard early childhood schedule which shall be defined in this	113207
section as a minimum of twelve and one-half hours per school week	113208
as defined in section 3313.62 of the Revised Code for the minimum	113209
school year as defined in sections 3313.48, 3313.481, and 3313.482	113210
of the Revised Code. Nothing in this section shall be construed to	113211
prohibit program providers from utilizing other funds to serve	113212
eligible children in programs that exceed the twelve and one-half	113213
hours per week or that exceed the minimum school year. For any	113214
provider for which a standard early childhood education schedule	113215
creates a hardship or for which the provider shows evidence that	113216
the provider is working in collaboration with a preschool special	113217
education program, the provider may submit a waiver to the	113218
Department requesting an alternate schedule. If the Department	113219
approves a waiver for an alternate schedule that provides services	113220
for less time than the standard early childhood education	113221
schedule, the Department may reduce the provider's annual	113222
allocation proportionately. Under no circumstances shall an annual	113223
allocation be increased because of the approval of an alternate	113224
schedule.	113225

(I) Each provider shall develop a sliding fee scale based on	113226
family incomes and shall charge families who earn more than two	113227
hundred per cent of the federal poverty guidelines, as defined in	113228
division (A)(3) of section 5101.46 of the Revised Code, for the	113229
early childhood education program.	113230

The Department shall conduct an annual survey of each	113231
provider to determine whether the provider charges families	113232
tuition or fees, the amount families are charged relative to	113233
family income levels, and the number of families and students	113234
charged tuition and fees for the early childhood program.	113235

(J) If an early childhood education program voluntarily	113236
waives its right for funding, or has its funding eliminated for	113237
not meeting financial standards or the early learning program	113238
guidelines, the provider shall transfer control of title to	113239
property, equipment, and remaining supplies obtained through the	113240
program to providers designated by the Department and return any	113241
unexpended funds to the Department along with any reports	113242
prescribed by the Department. The funding made available from a	113243
program that waives its right for funding or has its funding	113244
eliminated or reduced may be used by the Department for new grant	113245
awards or expansion grants. The Department may award new grants or	113246
expansion grants to eligible providers who apply. The eligible	113247
providers who apply must do so in accordance with the selection	113248
process established by the Department.	113249

(K) As used in this section, "early learning program	113250
guidelines" means the guidelines established by the Department	113251
pursuant to division (C)(3) of Section 206.09.54 of Am. Sub. H.B.	113252
66 of the 126th General Assembly.	113253

(L) Eligible expenditures for the Early Childhood Education	113254
program shall be claimed each fiscal year to help meet the state's	113255
TANF maintenance of effort requirement. The Superintendent of	113256
Public Instruction and the Director of Job and Family Services	113257
shall enter into an interagency agreement to carry out the	113258
requirements under this division, which shall include developing	113259
reporting guidelines for these expenditures.	113260

Section 267.10.20. CAREER-TECHNICAL EDUCATION MATCH

113261

The foregoing appropriation item 200416, Career-Technical	113262
Education Match, shall be used by the Department of Education to	113263
provide vocational administration matching funds under 20 U.S.C.	113264
2311.	113265

COMPUTER/APPLICATION/NETWORK DEVELOPMENT

113266

The foregoing appropriation item 200420,	113267
Computer/Application/Network Development, shall be used to support	113268
the development and implementation of information technology	113269
solutions designed to improve the performance and services of the	113270
Department of Education. Funds may be used for personnel,	113271
maintenance, and equipment costs related to the development and	113272
implementation of these technical system projects. Implementation	113273
of these systems shall allow the Department to provide greater	113274
levels of assistance to school districts and to provide more	113275
timely information to the public, including school districts,	113276
administrators, and legislators. Funds may also be used to support	113277
data-driven decision-making and differentiated instruction, as	113278
well as to communicate academic content standards and curriculum	113279
models to schools through web-based applications.	113280

Section 267.10.30. ALTERNATIVE EDUCATION PROGRAMS

113281

The foregoing appropriation item 200421, Alternative	113282
Education Programs, shall be used for the renewal of successful	113283
implementation grants and for competitive matching grants to	113284
school districts for alternative educational programs for existing	113285
and new at-risk and delinquent youth. Programs shall be focused on	113286
youth in one or more of the following categories: those who have	113287
been expelled or suspended, those who have dropped out of school	113288
or who are at risk of dropping out of school, those who are	113289
habitually truant or disruptive, or those on probation or on	113290
parole from a Department of Youth Services facility. Grants shall	113291
be awarded according to the criteria established by the	113292
Alternative Education Advisory Council in 1999. Grants shall be	113293
awarded only to programs in which the grant will not serve as the	113294
program's primary source of funding. These grants shall be	113295
administered by the Department of Education.	113296

The Department of Education may waive compliance with any	113297
minimum education standard established under section 3301.07 of	113298
the Revised Code for any alternative school that receives a grant	113299
under this section on the grounds that the waiver will enable the	113300
program to more effectively educate students enrolled in the	113301
alternative school.	113302

Of the foregoing appropriation item 200421, Alternative	113303
Education Programs, a portion may be used for program	113304
administration, monitoring, technical assistance, support,	113305
research, and evaluation.	113306

Section 267.10.40. SCHOOL MANAGEMENT ASSISTANCE

113307

Of the foregoing appropriation item 200422, School Management	113308
Assistance, $1,000,000 in fiscal year 2012 and $1,300,000 in	113309
fiscal year 2013 shall be used by the Auditor of State in	113310
consultation with the Department of Education for expenses	113311
incurred in the Auditor of State's role relating to fiscal	113312
caution, fiscal watch, and fiscal emergency activities as defined	113313
in Chapter 3316. of the Revised Code and may also be used by the	113314
Auditor of State to conduct performance audits of other school	113315
districts with priority given to districts in fiscal distress.	113316
Districts in fiscal distress shall be determined by the Auditor of	113317
State and shall include districts that the Auditor of State, in	113318
consultation with the Department of Education, determines are	113319
employing fiscal practices or experiencing budgetary conditions	113320
that could produce a state of fiscal watch or fiscal emergency.	113321

The remainder of appropriation item 200422, School Management	113322
Assistance, shall be used by the Department of Education to	113323
provide fiscal technical assistance and inservice education for	113324
school district management personnel and to administer, monitor,	113325
and implement the fiscal caution, fiscal watch, and fiscal	113326
emergency provisions under Chapter 3316. of the Revised Code.	113327

Section 267.10.50. POLICY ANALYSIS

113328

The foregoing appropriation item 200424, Policy Analysis,	113329
shall be used by the Department of Education to support a system	113330
of administrative, statistical, and legislative education	113331
information to be used for policy analysis. Staff supported by	113332
this appropriation shall administer the development of reports,	113333
analyses, and briefings to inform education policymakers of	113334
current trends in education practice, efficient and effective use	113335
of resources, and evaluation of programs to improve education	113336
results. The database shall be kept current at all times. These	113337
research efforts shall be used to supply information and analysis	113338
of data to the General Assembly and other state policymakers,	113339
including the Office of Budget and Management, the Governor's	113340
Office of 21st Century Education, and the Legislative Service	113341
Commission.	113342

The Department of Education may use funding from this	113343
appropriation item to purchase or contract for the development of	113344
software systems or contract for policy studies that will assist	113345
in the provision and analysis of policy-related information.	113346
Funding from this appropriation item also may be used to monitor	113347
and enhance quality assurance for research-based policy analysis	113348
and program evaluation to enhance the effective use of education	113349
information to inform education policymakers.	113350

A portion of the foregoing appropriation item 200424, Policy	113351
Analysis, may be used in conjunction with appropriation item	113352
200439, Accountability/Report Cards, to support a fiscal reporting	113353
dimension that shall contain fiscal data reported for the prior	113354
fiscal year. The fiscal information contained therein shall be	113355
updated and reported annually in a form and in a manner as	113356
determined by the Department.	113357

TECH PREP CONSORTIA SUPPORT

113358

The foregoing appropriation item 200425, Tech Prep Consortia	113359
Support, shall be used by the Department of Education to support	113360
state-level activities designed to support, promote, and expand	113361
tech prep programs. Use of these funds shall include, but not be	113362
limited to, administration of grants, program evaluation,	113363
professional development, curriculum development, assessment	113364
development, program promotion, communications, and statewide	113365
coordination of tech prep consortia.	113366

Section 267.10.60. OHIO EDUCATIONAL COMPUTER NETWORK

113367

The foregoing appropriation item 200426, Ohio Educational	113368
Computer Network, shall be used by the Department of Education to	113369
maintain a system of information technology throughout Ohio and to	113370
provide technical assistance for such a system in support of the	113371
P-16 State Education Technology Plan developed under section	113372
3353.09 of the Revised Code.	113373

Of the foregoing appropriation item 200426, Ohio Educational	113374
Computer Network, up to $10,705,569 in each fiscal year shall be	113375
used by the Department of Education to support connection of all	113376
public school buildings and participating chartered nonpublic	113377
schools to the state's education network, to each other, and to	113378
the Internet. In each fiscal year the Department of Education	113379
shall use these funds to assist information technology centers or	113380
school districts with the operational costs associated with this	113381
connectivity. The Department of Education shall develop a formula	113382
and guidelines for the distribution of these funds to information	113383
technology centers or individual school districts. As used in this	113384
section, "public school building" means a school building of any	113385
city, local, exempted village, or joint vocational school	113386
district, any community school established under Chapter 3314. of	113387
the Revised Code, any STEM school established under Chapter 3326.	113388
of the Revised Code, any educational service center building used	113389
for instructional purposes, the Ohio School for the Deaf and the	113390
Ohio School for the Blind, high schools chartered by the Ohio	113391
Department of Youth Services, or high schools operated by Ohio	113392
Department of Rehabilitation and Corrections' Ohio Central School	113393
System.	113394

Of the foregoing appropriation item 200426, Ohio Educational	113395
Computer Network, up to $1,440,000 in each fiscal year shall be	113396
used for the Union Catalog and InfOhio Network and to support the	113397
provision of electronic resources with priority given to resources	113398
that support the teaching of state academic content standards in	113399
all public schools. Consideration shall be given by the Department	113400
of Education to coordinating the allocation of these moneys with	113401
the efforts of Libraries Connect Ohio, whose members include	113402
OhioLINK, the Ohio Public Information Network, and the State	113403
Library of Ohio.	113404

Of the foregoing appropriation item 200426, Ohio Educational	113405
Computer Network, up to $5,220,000 in each fiscal year shall be	113406
used, through a formula and guidelines devised by the Department,	113407
to subsidize the activities of designated information technology	113408
centers, as defined by State Board of Education rules, to provide	113409
school districts and chartered nonpublic schools with	113410
computer-based student and teacher instructional and	113411
administrative information services, including approved	113412
computerized financial accounting, and to ensure the effective	113413
operation of local automated administrative and instructional	113414
systems.	113415

The remainder of appropriation item 200426, Ohio Educational	113416
Computer Network, shall be used to support the work of the College	113417
of Education and Human Ecology at the Ohio State University in	113418
reviewing and assessing the alignment of courses offered through	113419
the distance learning clearinghouse established in sections	113420
3333.81 to 3333.88 of the Revised Code with the academic content	113421
standards adopted under division (A) of section 3301.079 of the	113422
Revised Code.	113423

Section 267.10.70. ACADEMIC STANDARDS

113424

The foregoing appropriation item 200427, Academic Standards,	113425
shall be used by the Department of Education to develop, revise,	113426
and communicate to school districts academic content standards and	113427
curriculum models.	113428

Section 267.10.80. STUDENT ASSESSMENT

113429

Of the foregoing appropriation item 200437, Student	113430
Assessment, up to $95,000 in each fiscal year may be used to	113431
support the assessments required under section 3301.0715 of the	113432
Revised Code.	113433

The remainder of appropriation item 200437, Student	113434
Assessment, shall be used to develop, field test, print,	113435
distribute, score, report results, and support other associated	113436
costs for the tests required under sections 3301.0710, 3301.0711,	113437
and 3301.0712 of the Revised Code and for similar purposes as	113438
required by section 3301.27 of the Revised Code. If funds remain	113439
in this appropriation after these purposes have been fulfilled,	113440
the Department may use the remainder of the appropriation to	113441
develop end-of-course exams.	113442

DEPARTMENT OF EDUCATION APPROPRIATION TRANSFERS FOR STUDENT	113443
ASSESSMENT	113444

In fiscal year 2012 and fiscal year 2013, if the	113445
Superintendent of Public Instruction determines that additional	113446
funds are needed to fully fund the requirements of sections	113447
3301.0710, 3301.0711, and 3301.27 of the Revised Code and this act	113448
for assessments of student performance, the Superintendent of	113449
Public Instruction may recommend the reallocation of unexpended	113450
and unencumbered General Revenue Fund appropriations within the	113451
Department of Education to appropriation item 200437, Student	113452
Assessment, to the Director of Budget and Management. If the	113453
Director of Budget and Management determines that such a	113454
reallocation is required, the Director of Budget and Management	113455
may transfer unexpended and unencumbered appropriations within the	113456
Department of Education as necessary to appropriation item 200437,	113457
Student Assessment. If these transferred appropriations are not	113458
sufficient to fully fund the assessment requirements in fiscal	113459
year 2012 or fiscal year 2013, the Superintendent of Public	113460
Instruction may request that the Controlling Board transfer up to	113461
$9,000,000 cash from the Lottery Profits Education Reserve Fund	113462
(Fund 7018) to the General Revenue Fund. Upon approval of the	113463
Controlling Board, the Director of Budget and Management shall	113464
transfer the cash. These transferred funds are hereby appropriated	113465
for the same purpose as appropriation item 200437, Student	113466
Assessment.	113467

Section 267.10.90. (A) Notwithstanding anything to the	113468
contrary in section 3301.0710, 3301.0711, 3301.0715 or 3313.608 of	113469
the Revised Code, the administration of the English language arts	113470
assessments for elementary grades as a replacement for the	113471
separate reading and writing assessments prescribed by sections	113472
3301.0710 and 3301.0711 of the Revised Code, as those sections	113473
were amended by Am. Sub. H.B. 1 of the 128th General Assembly,	113474
shall not be required until a date prescribed by rule of the State	113475
Board of Education. Until that date, the Department of Education	113476
and school districts and schools shall continue to administer	113477
separate reading assessments for elementary grades, as prescribed	113478
by the versions of sections 3301.0710 and 3301.0711 of the Revised	113479
Code that were in effect prior to the effective date of Section	113480
265.20.15 of Am. Sub. H.B. 1 of the 128th General Assembly. The	113481
intent for delaying implementation of the replacement English	113482
language arts assessment is to provide adequate time for the	113483
complete development of the new assessment.	113484

(B) Notwithstanding anything to the contrary in section	113485
3301.0710 of the Revised Code, the State Board shall not prescribe	113486
the three ranges of scores for the assessments prescribed by	113487
division (A)(2) of section 3301.0710 of the Revised Code, as	113488
amended by Am. Sub. H.B. 1 of the 128th General Assembly, until	113489
the Board adopts the rule required by division (A) of this	113490
section. Until that date, the Board shall continue to prescribe	113491
the five ranges of scores required by the version of section	113492
3301.0710 of the Revised Code in effect prior to the effective	113493
date of Section 265.20.15 of Am. Sub. H.B. 1 of the 128th General	113494
Assembly, and the following apply:	113495

(1) The range of scores designated by the State Board as a	113496
proficient level of skill remains the passing score on the Ohio	113497
Graduation Tests for purposes of sections 3313.61, 3313.611,	113498
3313.612, and 3325.08 of the Revised Code;	113499

(2) The range of scores designated as a limited level of	113500
skill remains the standard for applying the third-grade reading	113501
guarantee under division (A) of section 3313.608 of the Revised	113502
Code;	113503

(3) The range of scores designated by the State Board as a	113504
proficient level of skill remains the standard for the summer	113505
remediation requirement of division (B)(2) of section 3313.608 of	113506
the Revised Code.	113507

(C) This section is not subject to expiration after June 30,	113508
2013, under Section 809.10 of this act.	113509

Section 267.20.10. Notwithstanding anything to the contrary	113510
in sections 3301.0710 and 3301.0711 of the Revised Code, in the	113511
2011-2012 and 2012-2013 school years, the Department of Education	113512
shall not furnish, and school districts and schools shall not	113513
administer, the elementary writing and social studies achievement	113514
assessments prescribed by section 3301.0710 of the Revised Code,	113515
unless the Superintendent of Public Instruction determines the	113516
Department has sufficient funds to pay the costs of furnishing and	113517
scoring those assessments.	113518

Section 267.20.20. ACCOUNTABILITY/REPORT CARDS

113519

Of the foregoing appropriation item 200439,	113520
Accountability/Report Cards, a portion in each fiscal year may be	113521
used to train district and regional specialists and district	113522
educators in the use of the value-added progress dimension and in	113523
the use of data as it relates to improving student achievement.	113524
This training may include teacher and administrator professional	113525
development in the use of data to improve instruction and student	113526
learning, and teacher and administrator training in understanding	113527
teacher value-added reports and how they can be used as a	113528
component in measuring teacher and administrator effectiveness. A	113529
portion of this funding may be provided to a credible nonprofit	113530
organization with expertise in value-added progress dimensions.	113531

The remainder of appropriation item 200439,	113532
Accountability/Report Cards, shall be used by the Department to	113533
incorporate a statewide value-added progress dimension into	113534
performance ratings for school districts and for the development	113535
of an accountability system that includes the preparation and	113536
distribution of school report cards and funding and expenditure	113537
accountability reports under sections 3302.03 and 3302.031 of the	113538
Revised Code.	113539

CHILD CARE LICENSING

113540

The foregoing appropriation item 200442, Child Care	113541
Licensing, shall be used by the Department of Education to license	113542
and to inspect preschool and school-age child care programs under	113543
sections 3301.52 to 3301.59 of the Revised Code.	113544

Section 267.20.30. EDUCATION MANAGEMENT INFORMATION SYSTEM

113545

The foregoing appropriation item 200446, Education Management	113546
Information System, shall be used by the Department of Education	113547
to improve the Education Management Information System (EMIS).	113548

Of the foregoing appropriation item 200446, Education	113549
Management Information System, up to $729,000 in each fiscal year	113550
shall be distributed to designated information technology centers	113551
for costs relating to processing, storing, and transferring data	113552
for the effective operation of the EMIS. These costs may include,	113553
but are not limited to, personnel, hardware, software development,	113554
communications connectivity, professional development, and support	113555
services, and to provide services to participate in the State	113556
Education Technology Plan developed under section 3353.09 of the	113557
Revised Code.	113558

The remainder of appropriation item 200446, Education	113559
Management Information System, shall be used to develop and	113560
support a common core of data definitions and standards as adopted	113561
by the Education Management Information System Advisory Board,	113562
including the ongoing development and maintenance of the data	113563
dictionary and data warehouse. In addition, such funds shall be	113564
used to support the development and implementation of data	113565
standards and the design, development, and implementation of a new	113566
data exchange system.	113567

Any provider of software meeting the standards approved by	113568
the Education Management Information System Advisory Board shall	113569
be designated as an approved vendor and may enter into contracts	113570
with local school districts, community schools, STEMS schools,	113571
information technology centers, or other educational entities for	113572
the purpose of collecting and managing data required under Ohio's	113573
education management information system (EMIS) laws. On an annual	113574
basis, the Department of Education shall convene an advisory group	113575
of school districts, community schools, and other	113576
education-related entities to review the Education Management	113577
Information System data definitions and data format standards. The	113578
advisory group shall recommend changes and enhancements based upon	113579
surveys of its members, education agencies in other states, and	113580
current industry practices, to reflect best practices, align with	113581
federal initiatives, and meet the needs of school districts.	113582

School districts, STEMS schools, and community schools not	113583
implementing a common and uniform set of data definitions and data	113584
format standards for Education Management Information System	113585
purposes shall have all EMIS funding withheld until they are in	113586
compliance.	113587

Section 267.20.40. GED TESTING

113588

The foregoing appropriation item 200447, GED Testing, shall	113589
be used to provide General Educational Development (GED) testing	113590
under rules adopted by the State Board of Education.	113591

Section 267.20.50. EDUCATOR PREPARATION

113592

Of the foregoing appropriation item 200448, Educator	113593
Preparation, up to $150,000 in each fiscal year may be used by the	113594
Department of Education to monitor and support Ohio's State System	113595
of Support in accordance with the "No Child Left Behind Act of	113596
2011," 20 U.S.C. 6317.	113597

The remainder of appropriation item 200448, Educator	113598
Preparation, may be used by the Department to support the Educator	113599
Standards Board under section 3319.61 of the Revised Code and	113600
reforms under sections 3302.042, 3302.06 through 3302.068,	113601
3302.12, 3302.20 through 3302.23, and 3319.58 of the Revised Code.	113602

Section 267.20.60. COMMUNITY SCHOOLS AND CHOICE PROGRAMS

113603

The foregoing appropriation item 200455, Community Schools	113604
and Choice Programs, may be used by the Department of Education	113605
for additional services and responsibilities under section 3314.11	113606
of the Revised Code and for operation of the school choice	113607
programs.	113608

Of the foregoing appropriation item 200455, Community Schools	113609
and Choice Programs, a portion in each fiscal year may be used by	113610
the Department of Education for developing and conducting training	113611
sessions for community schools and sponsors and prospective	113612
sponsors of community schools as prescribed in division (A)(1) of	113613
section 3314.015 of the Revised Code, and other schools	113614
participating in school choice programs. In developing the	113615
community school training sessions, the Department shall collect	113616
and disseminate examples of best practices used by sponsors of	113617
independent charter schools in Ohio and other states.	113618

Section 267.20.70. PUPIL TRANSPORTATION

113619

Of the foregoing appropriation item 200502, Pupil	113620
Transportation, up to $838,930 in each fiscal year may be used by	113621
the Department of Education for training prospective and	113622
experienced school bus drivers in accordance with training	113623
programs prescribed by the Department. Up to $60,469,220 in each	113624
fiscal year may be used by the Department of Education for special	113625
education transportation reimbursements to school districts and	113626
county DD boards for transportation operating costs as provided in	113627
division (J) of section 3317.024 of the Revised Code. Up to	113628
$650,000 in each fiscal year may be used to partially reimburse	113629
school districts for costs of providing transportation services to	113630
nontraditional schools when those schools are open on a day the	113631
traditional school district is not scheduled to open. Up to	113632
$5,000,000 in each fiscal year may be used by the Department of	113633
Education to reimburse school districts in accordance with rules	113634
adopted by the state board of education for students transported	113635
by means other than school bus service and whose transportation is	113636
not funded under division (C) of section 3317.024 of the Revised	113637
Code.	113638

The remainder of appropriation item 200502, Pupil	113639
Transportation, shall be used to distribute the amounts calculated	113640
for formula aid under Section 267.30.50 of this act.	113641

Section 267.20.80. SCHOOL LUNCH MATCH

113642

The foregoing appropriation item 200505, School Lunch Match,	113643
shall be used to provide matching funds to obtain federal funds	113644
for the school lunch program.	113645

Any remaining appropriation after providing matching funds	113646
for the school lunch program may be used to partially reimburse	113647
school buildings within school districts that are required to have	113648
a school breakfast program under section 3313.813 of the Revised	113649
Code, at a rate decided by the Department.	113650

Section 267.20.90. AUXILIARY SERVICES

113651

The foregoing appropriation item 200511, Auxiliary Services,	113652
shall be used by the Department of Education for the purpose of	113653
implementing section 3317.06 of the Revised Code. Of the	113654
appropriation, up to $1,789,943 in each fiscal year may be used	113655
for payment of the Post-Secondary Enrollment Options Program for	113656
nonpublic students. Notwithstanding section 3365.10 of the Revised	113657
Code, the Department shall distribute funding according to rules	113658
adopted by the Department in accordance with Chapter 119. of the	113659
Revised Code.	113660

Section 267.30.10. NONPUBLIC ADMINISTRATIVE COST	113661
REIMBURSEMENT	113662

The foregoing appropriation item 200532, Nonpublic	113663
Administrative Cost Reimbursement, shall be used by the Department	113664
of Education for the purpose of implementing section 3317.063 of	113665
the Revised Code.	113666

Section 267.30.20. SPECIAL EDUCATION ENHANCEMENTS

113667

Of the foregoing appropriation item 200540, Special Education	113668
Enhancements, up to $2,206,875 in each fiscal year shall be used	113669
for home instruction for children with disabilities.	113670

Of the foregoing appropriation item 200540, Special Education	113671
Enhancements, up to $45,282,959 in each fiscal year shall be used	113672
to fund special education and related services at county boards of	113673
developmental disabilities for eligible students under section	113674
3317.20 of the Revised Code and at institutions for eligible	113675
students under section 3317.201 of the Revised Code.	113676
Notwithstanding the distribution formulas under sections 3317.20	113677
and 3317.201 of the Revised Code, funding for DD boards and	113678
institutions for fiscal year 2012 and fiscal year 2013 shall be	113679
determined by providing the per pupil amount received by each DD	113680
board and institution for the prior fiscal year for each student	113681
served in the current fiscal year.	113682

Of the foregoing appropriation item 200540, Special Education	113683
Enhancements, up to $1,333,468 in each fiscal year shall be used	113684
for parent mentoring programs.	113685

Of the foregoing appropriation item 200540, Special Education	113686
Enhancements, up to $2,537,824 in each fiscal year may be used for	113687
school psychology interns.	113688

The remainder of appropriation item 200540, Special Education	113689
Enhancements, shall be distributed by the Department of Education	113690
to county boards of developmental disabilities, educational	113691
service centers, and school districts for preschool special	113692
education units and preschool supervisory units under section	113693
3317.052 of the Revised Code. To the greatest extent possible, the	113694
Department of Education shall allocate these units to school	113695
districts and educational service centers.	113696

The Department may reimburse county DD boards, educational	113697
service centers, and school districts for services provided by	113698
instructional assistants, related services as defined in rule	113699
3301-51-11 of the Administrative Code, physical therapy services	113700
provided by a licensed physical therapist or physical therapist	113701
assistant under the supervision of a licensed physical therapist	113702
as required under Chapter 4755. of the Revised Code and Chapter	113703
4755-27 of the Administrative Code and occupational therapy	113704
services provided by a licensed occupational therapist or	113705
occupational therapy assistant under the supervision of a licensed	113706
occupational therapist as required under Chapter 4755. of the	113707
Revised Code and Chapter 4755-7 of the Administrative Code.	113708
Nothing in this section authorizes occupational therapy assistants	113709
or physical therapist assistants to generate or manage their own	113710
caseloads.	113711

The Department of Education shall require school districts,	113712
educational service centers, and county DD boards serving	113713
preschool children with disabilities to adhere to Ohio's Early	113714
Learning Program Guidelines and document child progress using	113715
research-based indicators prescribed by the Department and report	113716
results annually. The reporting dates and method shall be	113717
determined by the Department.	113718

Section 267.30.30. CAREER-TECHNICAL EDUCATION ENHANCEMENTS

113719

Of the foregoing appropriation item 200545, Career-Technical	113720
Education Enhancements, up to $2,563,568 in each fiscal year shall	113721
be used to fund secondary career-technical education at	113722
institutions.	113723

Of the foregoing appropriation item 200545, Career-Technical	113724
Education Enhancements, up to $2,838,281 in each fiscal year shall	113725
be used by the Department of Education to fund competitive grants	113726
to tech prep consortia that expand the number of students enrolled	113727
in tech prep programs. These grant funds shall be used to directly	113728
support expanded tech prep programs provided to students enrolled	113729
in school districts, including joint vocational school districts,	113730
and affiliated higher education institutions. This support may	113731
include the purchase of equipment.	113732

Of the foregoing appropriation item 200545, Career-Technical	113733
Education Enhancements, up to $3,100,850 in each fiscal year shall	113734
be used by the Department of Education to support existing High	113735
Schools That Work (HSTW) sites, develop and support new sites,	113736
fund technical assistance, and support regional centers and middle	113737
school programs. The purpose of HSTW is to combine challenging	113738
academic courses and modern career-technical studies to raise the	113739
academic achievement of students. HSTW provides intensive	113740
technical assistance, focused staff development, targeted	113741
assessment services, and ongoing communications and networking	113742
opportunities.	113743

Of the foregoing appropriation item 200545, Career-Technical	113744
Education Enhancements, up to $300,000 in each fiscal year shall	113745
be used by the Department of Education to enable students in	113746
agricultural programs to enroll in a fifth quarter of instruction	113747
based on the agricultural education model of delivering work-based	113748
learning through supervised agricultural experience. The	113749
Department of Education shall determine eligibility criteria and	113750
the reporting process for the Agriculture 5th Quarter Project and	113751
shall fund as many programs as possible given the set aside.	113752

Section 267.30.40. FOUNDATION FUNDING

113753

Of the foregoing appropriation item 200550, Foundation	113754
Funding, up to $425,000 shall be expended in each fiscal year for	113755
court payments under section 2151.362 of the Revised Code.	113756

Of the foregoing appropriation item 200550, Foundation	113757
Funding, up to $8,100,000 in each fiscal year shall be used to	113758
fund gifted education at educational service centers. For fiscal	113759
year 2012 and fiscal year 2013, each Educational Service Center	113760
that received gifted education funding for the prior fiscal year	113761
shall receive the same amount for the current fiscal year, unless	113762
the Educational Service Center notifies the Department of	113763
Education in writing that it no longer will be providing gifted	113764
services or will be providing fewer gifted services than provided	113765
in the prior fiscal year. In such case, the Department shall	113766
deduct all or a portion, as appropriate, of the funding received	113767
by the Educational Service Center for the prior fiscal year from	113768
the Center's allocation for the current fiscal year. The	113769
Department shall redistribute the deducted funding to other	113770
Educational Service Centers through the unit-based funding	113771
methodology in place under division (L) of section 3317.024 of the	113772
Revised Code as it existed prior to fiscal year 2010.	113773

Of the foregoing appropriation item 200550, Foundation	113774
Funding, up to $10,000,000 in each fiscal year shall be used to	113775
provide additional state aid to school districts, joint vocational	113776
school districts, and community schools for special education	113777
students under division (C)(3) of section 3317.022 of the Revised	113778
Code, except that the Controlling Board may increase these amounts	113779
if presented with such a request from the Department of Education	113780
at the final meeting of the fiscal year; and up to $2,000,000 in	113781
each fiscal year shall be reserved for Youth Services tuition	113782
payments under section 3317.024 of the Revised Code.	113783

Of the foregoing appropriation item 200550, Foundation	113784
Funding, up to $41,760,000 in fiscal year 2012 and up to	113785
$35,323,000 in fiscal year 2013 shall be reserved to fund the	113786
state reimbursement of educational service centers under section	113787
3317.11 of the Revised Code and the section of this act entitled	113788
"EDUCATIONAL SERVICE CENTERS FUNDING;" and up to $3,545,752 in	113789
each fiscal year shall be distributed to educational service	113790
centers for School Improvement Initiatives. Educational service	113791
centers shall be required to support districts in the development	113792
and implementation of their continuous improvement plans as	113793
required in section 3302.04 of the Revised Code and to provide	113794
technical assistance and support in accordance with Title I of the	113795
"No Child Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C.	113796
6317.	113797

Of the foregoing appropriation item 200550, Foundation	113798
Funding, up to $1,000,000 in each fiscal year shall be used by the	113799
Department of Education for a program to pay for educational	113800
services for youth who have been assigned by a juvenile court or	113801
other authorized agency to any of the facilities described in	113802
division (A) of the section of this act entitled "PRIVATE	113803
TREATMENT FACILITY PROJECT."	113804

Of the foregoing appropriation item 200550, Foundation	113805
Funding, up to $12,522,860 in each fiscal year shall be used to	113806
support the Cleveland school choice program.	113807

Of the portion of the funds distributed to the Cleveland	113808
Municipal School District under this section, up to $11,901,887 in	113809
each fiscal year shall be used to operate the school choice	113810
program in the Cleveland Municipal School District under sections	113811
3313.974 to 3313.979 of the Revised Code. Notwithstanding	113812
divisions (B) and (C) of section 3313.978 and division (C) of	113813
section 3313.979 of the Revised Code, up to $1,000,000 in each	113814
fiscal year of this amount shall be used by the Cleveland	113815
Municipal School District to provide tutorial assistance as	113816
provided in division (H) of section 3313.974 of the Revised Code.	113817
The Cleveland Municipal School District shall report the use of	113818
these funds in the district's three-year continuous improvement	113819
plan as described in section 3302.04 of the Revised Code in a	113820
manner approved by the Department of Education.	113821

Of the foregoing appropriation item 200550, Foundation	113822
Funding, an amount shall be available in each fiscal year to be	113823
paid to joint vocational school districts in accordance with the	113824
section of this act entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL	113825
DISTRICTS."	113826

Of the foregoing appropriation item 200550, Foundation	113827
Funding, a portion in each fiscal year shall be paid to city,	113828
exempted village, and local school districts in accordance with	113829
the section of this act entitled "SUPPLEMENTAL SCHOOL DISTRICT	113830
FUNDING."	113831

The remainder of appropriation item 200550, Foundation	113832
Funding, shall be used to distribute the amounts calculated for	113833
formula aid under Section 267.30.50 of this act.	113834

Appropriation items 200502, Pupil Transportation, 200540,	113835
Special Education Enhancements, and 200550, Foundation Funding,	113836
other than specific set-asides, are collectively used in each	113837
fiscal year to pay state formula aid obligations for school	113838
districts, community schools, STEM schools, and joint vocational	113839
school districts under this act. The first priority of these	113840
appropriation items, with the exception of specific set-asides, is	113841
to fund state formula aid obligations. It may be necessary to	113842
reallocate funds among these appropriation items or use excess	113843
funds from other general revenue fund appropriation items in the	113844
Department of Education's budget in each fiscal year, in order to	113845
meet state formula aid obligations. If it is determined that it is	113846
necessary to transfer funds among these appropriation items or to	113847
transfer funds from other General Revenue Fund appropriations in	113848
the Department of Education's budget to meet state formula aid	113849
obligations, the Department of Education shall seek approval from	113850
the Controlling Board to transfer funds as needed.	113851

Section 267.30.50. FUNDING FOR CITY, EXEMPTED VILLAGE, AND	113852
LOCAL SCHOOL DISTRICTS	113853

(A) For each of fiscal years 2012 and 2013, the Department of	113854
Education shall compute and pay operating funding for each city,	113855
exempted village, and local school district according to the	113856
following formula:	113857

[(The final amount computed for fiscal year 2011 under	113858

the line on the district's PASS form entitled "State	113859

Resources for the Foundation Funding Program" / the district's	113860

recalculated fiscal year 2011 formula ADM) X the district's	113861

current year formula ADM] - the district's adjustment amount	113862

Where:

113863

(1) "PASS form" means the form for calculating operating	113864
payments to school districts as prescribed by former section	113865
3306.012 of the Revised Code.	113866

(2) "Recalculated fiscal year 2011 formula ADM" means the	113867
district's average daily membership reported in October 2010 under	113868
division (A) of section 3317.03 of the Revised Code, as verified	113869
by the Superintendent of Public Instruction and adjusted if so	113870
ordered under division (K) of that section, and as further	113871
adjusted by the Department, as follows:	113872

(a) Count only twenty per cent of the number of joint	113873
vocational school district students counted under division (A)(3)	113874
of section 3317.03 of the Revised Code;	113875

(b) Add twenty per cent of the number of students who are	113876
entitled to attend school in the district under section 3313.64 or	113877
3313.65 of the Revised Code and are enrolled in another school	113878
district under a career-technical educational compact.	113879

(3) "Current year formula ADM" means the district's formula	113880
ADM for the current fiscal year as defined in section 3317.02 of	113881
the Revised Code.	113882

(4) "The district's adjustment amount" means the amount	113883
computed under division (B)(5) of this section.	113884

If the computation made under division (A) of this section	113885
results in a negative number, the district's funding under this	113886
section shall be zero.	113887

(B) To make the computation required by division (A) of this	113888
section, the Department shall determine all of the following:	113889

(1) Each district's charge-off valuation per pupil, which	113890
shall be the valuation used to determine the district's state	113891
share of the adequacy amount for fiscal year 2011, under former	113892
section 3306.13 of the Revised Code, divided by the district's	113893
recalculated fiscal year 2011 formula ADM;	113894

(2) The statewide median charge-off valuation per pupil;

113895

(3) Each district's charge-off valuation index, which shall	113896
be the district's charge-off valuation per pupil divided by the	113897
statewide median charge-off valuation per pupil;	113898

(4) The statewide per pupil adjustment amount. The Department	113899
shall determine that amount so that the total statewide formula	113900
aid obligation for school districts does not exceed the aggregate	113901
amount appropriated for formula aid under line items 200502,	113902
200550, and 200612.	113903

(5) Each district's adjustment amount, which shall be the	113904
district's charge-off valuation index multiplied by the statewide	113905
per pupil adjustment amount multiplied by the district's current	113906
year formula ADM.	113907

(C) On the form that the Department uses to compute funding	113908
for a school district in accordance with this section, the	113909
Department also shall indicate the amount of that funding	113910
allocated to special education and related services and the amount	113911
allocated to career-technical education. The amounts allocated for	113912
special education and career-technical education shall be the	113913
amounts indicated on the PASS form for fiscal year 2011. Each	113914
school district that receives an allocation for career-technical	113915
education shall spend the funds only for purposes the Department	113916
of Education designates as approved for career-technical education	113917
expenses. Career-technical education expenses approved by the	113918
Department shall include only expenses connected to the delivery	113919
of career-technical programming to students enrolled in	113920
state-approved career-technical programs. If a school district	113921
informs the Department that it is unable to spend the full	113922
allocation on approved career-technical education expenses, the	113923
Department may reallocate the district's unexpended amount of the	113924
career-technical education allocation to other school districts.	113925
The Department shall first allocate the funds to school districts	113926
within the original school district's vocational education	113927
planning district that have growth in career-technical enrollment	113928
from the previous fiscal year. If there are no such districts, the	113929
Department shall allocate the funds to other school districts,	113930
with priority given to districts according to each district's	113931
growth in career-technical enrollment from the previous fiscal	113932
year. The Department shall require each school district to report	113933
data annually so that the Department may monitor the district's	113934
compliance with the requirements regarding the manner in which	113935
allocations for career-technical education may be spent.	113936

(D) For fiscal years 2012 and 2013, wherever a provision of	113937
law refers to payments or adjustments for a school district made	113938
in accordance with any section of Chapter 3317. of the Revised	113939
Code, that reference shall be construed to include payments or	113940
adjustments made under this section.	113941

Section 267.30.53. SUPPLEMENTAL SCHOOL DISTRICT FUNDING

113942

(A) For fiscal year 2012, the Department of Education shall	113943
compute and pay supplemental operating funding for each city,	113944
exempted village, and local school district according to the	113945
following formula:	113946

[(The final amount computed for fiscal year 2011 under the	113947
line on the district's PASS form entitled "State Resources for the	113948
Foundation Funding Program" minus the portion of that amount paid	113949
from funds received under the American Recovery and Reinvestment	113950
Act State Fiscal Stabilization Fund) multiplied by eighty per	113951
cent] minus (the amount computed for the district for fiscal year	113952
2012 under Section 267.30.50 of this act).	113953

(B) For fiscal year 2013, the Department of Education shall	113954
compute and pay supplemental operating funding for districts	113955
allocated funding under this section for fiscal year 2012	113956
according to the following formula:	113957

[(The final amount computed for the district for fiscal year	113958
2012 under Section 267.30.50 of this act) plus (the final amount	113959
computed for the district for fiscal year 2012 under this	113960
section)] minus (the amount computed for the district for fiscal	113961
year 2013 under Section 267.30.50 of this act).	113962

(C) If the computation made under division (A) or (B) of this	113963
section results in a negative number, the district's funding under	113964
that division shall be zero.	113965

Section 267.30.60. FUNDING FOR JOINT VOCATIONAL SCHOOL	113966
DISTRICTS	113967

The Department of Education shall distribute funds within	113968
appropriation item 200550, Foundation Funding, for joint	113969
vocational funding in each fiscal year to each joint vocational	113970
school district that received joint vocational funding in fiscal	113971
year 2011. The Department shall distribute to each such district	113972
joint vocational funding in an amount equal to the district's	113973
total state foundation aid as reported on the final JVS payment	113974
report produced by the Department for the previous fiscal year.	113975

The joint vocational funding for each fiscal year for each	113976
district is the amount specified in this section less any general	113977
revenue fund spending reductions ordered by the Governor under	113978
section 126.05 of the Revised Code.	113979

Section 267.30.70. PROPERTY TAX ALLOCATION - EDUCATION

113980

The Superintendent of Public Instruction shall not request,	113981
and the Controlling Board shall not approve, the transfer of	113982
appropriation from appropriation item 200901, Property Tax	113983
Allocation - Education, to any other appropriation item.	113984

The appropriation item 200901, Property Tax Allocation -	113985
Education, is appropriated to pay for the state's costs incurred	113986
because of the homestead exemption, the property tax rollback, and	113987
payments required under division (C) of section 5705.2110 of the	113988
Revised Code. In cooperation with the Department of Taxation, the	113989
Department of Education shall distribute these funds directly to	113990
the appropriate school districts of the state, notwithstanding	113991
sections 321.24 and 323.156 of the Revised Code, which provide for	113992
payment of the homestead exemption and property tax rollback by	113993
the Tax Commissioner to the appropriate county treasurer and the	113994
subsequent redistribution of these funds to the appropriate local	113995
taxing districts by the county auditor.	113996

Upon receipt of these amounts, each school district shall	113997
distribute the amount among the proper funds as if it had been	113998
paid as real or tangible personal property taxes. Payments for the	113999
costs of administration shall continue to be paid to the county	114000
treasurer and county auditor as provided for in sections 319.54,	114001
321.26, and 323.156 of the Revised Code.	114002

Any sums, in addition to the amount specifically appropriated	114003
in appropriation items 200901, Property Tax Allocation -	114004
Education, for the homestead exemption and the property tax	114005
rollback payments, and payments required under division (C) of	114006
section 5705.2110 of the Revised Code, which are determined to be	114007
necessary for these purposes, are hereby appropriated.	114008

Section 267.30.80. TEACHER CERTIFICATION AND LICENSURE

114009

The foregoing appropriation item 200681, Teacher	114010
Certification and Licensure, shall be used by the Department of	114011
Education in each year of the biennium to administer and support	114012
teacher certification and licensure activities.	114013

SCHOOL DISTRICT SOLVENCY ASSISTANCE

114014

(A) Of the foregoing appropriation item 200687, School	114015
District Solvency Assistance, $20,000,000 in each fiscal year	114016
shall be allocated to the School District Shared Resource Account	114017
and $5,000,000 in each fiscal year shall be allocated to the	114018
Catastrophic Expenditures Account. These funds shall be used to	114019
provide assistance and grants to school districts to enable them	114020
to remain solvent under section 3316.20 of the Revised Code.	114021
Assistance and grants shall be subject to approval by the	114022
Controlling Board. Except as provided under division (C) of this	114023
section, any required reimbursements from school districts for	114024
solvency assistance shall be made to the appropriate account in	114025
the School District Solvency Assistance Fund (Fund 5H30).	114026

(B) Notwithstanding any provision of law to the contrary,	114027
upon the request of the Superintendent of Public Instruction, the	114028
Director of Budget and Management may make transfers to the School	114029
District Solvency Assistance Fund (Fund 5H30) from any fund used	114030
by the Department of Education or the General Revenue Fund to	114031
maintain sufficient cash balances in Fund 5H30 in fiscal years	114032
2012 and 2013. Any cash transferred is hereby appropriated. The	114033
transferred cash may be used by the Department of Education to	114034
provide assistance and grants to school districts to enable them	114035
to remain solvent and to pay unforeseeable expenses of a temporary	114036
or emergency nature that the school district is unable to pay from	114037
existing resources. The Director of Budget and Management shall	114038
notify the members of the Controlling Board of any such transfers.	114039

(C) If the cash balance of the School District Solvency	114040
Assistance Fund (Fund 5H30) is insufficient to pay solvency	114041
assistance in fiscal years 2012 and 2013, at the request of the	114042
Superintendent of Public Instruction, and with the approval of the	114043
Controlling Board, the Director of Budget and Management may	114044
transfer cash from the Lottery Profits Education Reserve Fund	114045
(Fund 7018) to Fund 5H30 to provide assistance and grants to	114046
school districts to enable them to remain solvent and to pay	114047
unforeseeable expenses of a temporary nature that they are unable	114048
to pay from existing resources under section 3316.20 of the	114049
Revised Code. Such transfers are hereby appropriated to	114050
appropriation item 200670, School District Solvency Assistance –	114051
Lottery. Any required reimbursements from school districts for	114052
solvency assistance granted from appropriation item 200670, School	114053
District Solvency Assistance – Lottery, shall be made to Fund	114054
7018.	114055

Section 267.30.90. SCHOOLS MEDICAID ADMINISTRATIVE CLAIMS

114056

Upon the request of the Superintendent of Public Instruction,	114057
the Director of Budget and Management may transfer up to $639,000	114058
cash in each fiscal year from the General Revenue Fund to the	114059
Schools Medicaid Administrative Claims Fund (Fund 3AF0). The	114060
transferred cash is to be used by the Department of Education to	114061
pay the expenses the Department incurs in administering the	114062
Medicaid School Component of the Medicaid program established	114063
under sections 5111.71 to 5111.715 of the Revised Code. On June 1	114064
of each fiscal year, or as soon as possible thereafter, the	114065
Director of Budget and Management shall transfer cash from Fund	114066
3AF0 back to the General Revenue Fund in an amount equal to the	114067
total amount transferred to Fund 3AF0 in that fiscal year.	114068

The money deposited into Fund 3AF0 under division (B) of	114069
section 5111.714 of the Revised Code is hereby appropriated for	114070
fiscal years 2012 and 2013 and shall be used in accordance with	114071
division (D) of section 5111.714 of the Revised Code.	114072

Section 267.40.10. HALF-MILL MAINTENANCE EQUALIZATION

114073

The foregoing appropriation item 200626, Half-Mill	114074
Maintenance Equalization, shall be used to make payments pursuant	114075
to section 3318.18 of the Revised Code.	114076

Section 267.40.20. AUXILIARY SERVICES REIMBURSEMENT

114077

Notwithstanding section 3317.064 of the Revised Code, if the	114078
unexpended, unencumbered cash balance is sufficient, the Treasurer	114079
of State shall transfer $1,500,000 in fiscal year 2012 within	114080
thirty days after the effective date of this section, and	114081
$1,500,000 in fiscal year 2013 by August 1, 2012, from the	114082
Auxiliary Services Personnel Unemployment Compensation Fund to the	114083
Auxiliary Services Reimbursement Fund (Fund 5980) used by the	114084
Department of Education.	114085

COMMUNITY SCHOOL DROPOUT PROGRAMS

114086

The foregoing appropriation item 200679, Community School	114087
Dropout Programs, shall be used to make payments pursuant to	114088
section 3314.38 of the Revised Code. On July 1, 2011, or as soon	114089
as possible thereafter, and on July 1, 2012, or as soon as	114090
possible thereafter, the Director of Budget and Management shall	114091
transfer $1,000,000 from the Economic Development Programs Fund	114092
(Fund 5JC0) used by the Board of Regents to the Community School	114093
Dropout Programs Fund (Fund 5KK0) used by the Department of	114094
Education.	114095

Section 267.40.30. LOTTERY PROFITS EDUCATION FUND

114096

Appropriation item 200612, Foundation Funding (Fund 7017),	114097
shall be used in conjunction with appropriation item 200550,	114098
Foundation Funding (GRF), to provide state foundation payments to	114099
school districts.	114100

The Department of Education, with the approval of the	114101
Director of Budget and Management, shall determine the monthly	114102
distribution schedules of appropriation item 200550, Foundation	114103
Funding (GRF), and appropriation item 200612, Foundation Funding	114104
(Fund 7017). If adjustments to the monthly distribution schedule	114105
are necessary, the Department of Education shall make such	114106
adjustments with the approval of the Director of Budget and	114107
Management.	114108

Section 267.40.40. LOTTERY PROFITS EDUCATION RESERVE FUND

114109

(A) There is hereby created the Lottery Profits Education	114110
Reserve Fund (Fund 7018) in the State Treasury. Investment	114111
earnings of the Lottery Profits Education Reserve Fund shall be	114112
credited to the fund.	114113

(B) Notwithstanding any other provision of law to the	114114
contrary, the Director of Budget and Management may transfer cash	114115
from Fund 7018 to the Lottery Profits Education Fund (Fund 7017)	114116
in fiscal year 2012 and fiscal year 2013. Amounts transferred	114117
under this section are hereby appropriated.	114118

(C) On July 15, 2011, or as soon as possible thereafter, the	114119
Director of the Ohio Lottery Commission shall certify to the	114120
Director of Budget and Management the amount by which lottery	114121
profit transfers received by Fund 7017 exceeded $711,000,000 in	114122
fiscal year 2011. The Director of Budget and Management may	114123
transfer the amount so certified, plus the cash balance in Fund	114124
7017, to Fund 7018.	114125

(D) On July 15, 2012, or as soon as possible thereafter, the	114126
Director of the Ohio Lottery Commission shall certify to the	114127
Director of Budget and Management the amount by which lottery	114128
profit transfers received by Fund 7017 exceeded $717,500,000 in	114129
fiscal year 2012. The Director of Budget and Management may	114130
transfer the amount so certified, plus the cash balance in Fund	114131
7017, to Fund 7018.	114132

Section 267.40.50. GENERAL REVENUE FUND TRANSFERS TO SCHOOL	114133
DISTRICT PROPERTY TAX REPLACEMENT - BUSINESS (FUND 7047)	114134

Notwithstanding any provision of law to the contrary, in	114135
fiscal year 2012 and fiscal year 2013 the Director of Budget and	114136
Management may make temporary transfers between the General	114137
Revenue Fund and the School District Property Tax Replacement –	114138
Business Fund (Fund 7047) in the Department of Education to ensure	114139
sufficient balances in Fund 7047 and to replenish the General	114140
Revenue Fund for such transfers.	114141

Section 267.40.60. SCHOOL DISTRICT PROPERTY TAX REPLACEMENT -	114142
BUSINESS	114143

The foregoing appropriation item 200909, School District	114144
Property Tax Replacement – Business, shall be used by the	114145
Department of Education, in consultation with the Department of	114146
Taxation, to make payments to school districts and joint	114147
vocational school districts under section 5751.21 of the Revised	114148
Code. If it is determined by the Director of Budget and Management	114149
that additional appropriations are necessary for this purpose,	114150
such amounts are hereby appropriated.	114151

SCHOOL DISTRICT PROPERTY TAX REPLACEMENT - UTILITY

114152

The foregoing appropriation item 200900, School District	114153
Property Tax Replacement-Utility, shall be used by the Department	114154
of Education, in consultation with the Department of Taxation, to	114155
make payments to school districts and joint vocational school	114156
districts under section 5727.85 of the Revised Code. If it is	114157
determined by the Director of Budget and Management that	114158
additional appropriations are necessary for this purpose, such	114159
amounts are hereby appropriated.	114160

DISTRIBUTION FORMULAS

114161

The Department of Education shall report the following to the	114162
Director of Budget and Management and the Legislative Service	114163
Commission:	114164

(A) Changes in formulas for distributing state	114165
appropriations, including administratively defined formula	114166
factors;	114167

(B) Discretionary changes in formulas for distributing	114168
federal appropriations;	114169

(C) Federally mandated changes in formulas for distributing	114170
federal appropriations.	114171

Any such changes shall be reported two weeks prior to the	114172
effective date of the change.	114173

Section 267.40.70. EDUCATIONAL SERVICE CENTERS FUNDING

114174

In fiscal year 2012, each Educational Service Center shall	114175
receive funding equal to ninety per cent of the amount received in	114176
fiscal year 2011 under section 3317.11 of the Revised Code and	114177
Section 265.50.10 of Am. Sub. H.B. 1 of the 128th General	114178
Assembly.	114179

In fiscal year 2013, each Educational Service Center shall	114180
receive funding equal to eighty-five per cent of the amount	114181
received in fiscal year 2012 under this section.	114182

Notwithstanding any provision of law to the contrary, the	114183
Department of Education shall modify the payments under this	114184
section as follows:	114185

(A) If an educational service center ceases operation, the	114186
Department shall redistribute that center's funding, as calculated	114187
under this section, to the remaining centers in proportion to each	114188
center's service center ADM as defined in section 3317.11 of the	114189
Revised Code.	114190

(B) If two or more educational service centers merge	114191
operations to create a single service center, the Department shall	114192
distribute the sum of the original service centers' funding, as	114193
calculated under this section, to the new service center.	114194

Section 267.40.80. PRIVATE TREATMENT FACILITY PROJECT

114195

(A) As used in this section:

114196

(1) The following are "participating residential treatment	114197
centers":	114198

(a) Private residential treatment facilities that have	114199
entered into a contract with the Department of Youth Services to	114200
provide services to children placed at the facility by the	114201
Department and which, in fiscal year 2012 or fiscal year 2013 or	114202
both, the Department pays through appropriation item 470401,	114203
RECLAIM Ohio;	114204

(b) Abraxas, in Shelby;

114205

114206

(d) F.I.R.S.T., in Mansfield.

114207

(2) "Education program" means an elementary or secondary	114208
education program or a special education program and related	114209
services.	114210

(3) "Served child" means any child receiving an education	114211
program pursuant to division (B) of this section.	114212

(4) "School district responsible for tuition" means a city,	114213
exempted village, or local school district that, if tuition	114214
payment for a child by a school district is required under law	114215
that existed in fiscal year 1998, is the school district required	114216
to pay that tuition.	114217

(5) "Residential child" means a child who resides in a	114218
participating residential treatment center and who is receiving an	114219
educational program under division (B) of this section.	114220

(B) A youth who is a resident of the state and has been	114221
assigned by a juvenile court or other authorized agency to a	114222
residential treatment facility specified in division (A) of this	114223
section shall be enrolled in an approved educational program	114224
located in or near the facility. Approval of the educational	114225
program shall be contingent upon compliance with the criteria	114226
established for such programs by the Department of Education. The	114227
educational program shall be provided by a school district or	114228
educational service center, or by the residential facility itself.	114229
Maximum flexibility shall be given to the residential treatment	114230
facility to determine the provider. In the event that a voluntary	114231
agreement cannot be reached and the residential facility does not	114232
choose to provide the educational program, the educational service	114233
center in the county in which the facility is located shall	114234
provide the educational program at the treatment center to	114235
children under twenty-two years of age residing in the treatment	114236
center.	114237

(C) Any school district responsible for tuition for a	114238
residential child shall, notwithstanding any conflicting provision	114239
of the Revised Code regarding tuition payment, pay tuition for the	114240
child for fiscal year 2012 and fiscal year 2013 to the education	114241
program provider and in the amount specified in this division. If	114242
there is no school district responsible for tuition for a	114243
residential child and if the participating residential treatment	114244
center to which the child is assigned is located in the city,	114245
exempted village, or local school district that, if the child were	114246
not a resident of that treatment center, would be the school	114247
district where the child is entitled to attend school under	114248
sections 3313.64 and 3313.65 of the Revised Code, that school	114249
district, notwithstanding any conflicting provision of the Revised	114250
Code, shall pay tuition for the child for fiscal year 2012 and	114251
fiscal year 2013 under this division unless that school district	114252
is providing the educational program to the child under division	114253
(B) of this section.	114254

A tuition payment under this division shall be made to the	114255
school district, educational service center, or residential	114256
treatment facility providing the educational program to the child.	114257

The amount of tuition paid shall be:

114258

(1) The amount of tuition determined for the district under	114259
division (A) of section 3317.08 of the Revised Code;	114260

(2) In addition, for any student receiving special education	114261
pursuant to an individualized education program as defined in	114262
section 3323.01 of the Revised Code, a payment for excess costs.	114263
This payment shall equal the actual cost to the school district,	114264
educational service center, or residential treatment facility of	114265
providing special education and related services to the student	114266
pursuant to the student's individualized education program, minus	114267
the tuition paid for the child under division (C)(1) of this	114268
section.	114269

A school district paying tuition under this division shall	114270
not include the child for whom tuition is paid in the district's	114271
average daily membership certified under division (A) of section	114272
3317.03 of the Revised Code.	114273

(D) In each of fiscal years 2012 and 2013, the Department of	114274
Education shall reimburse, from appropriations made for the	114275
purpose, a school district, educational service center, or	114276
residential treatment facility, whichever is providing the	114277
service, that has demonstrated that it is in compliance with the	114278
funding criteria for each served child for whom a school district	114279
must pay tuition under division (C) of this section. The amount of	114280
the reimbursement shall be the amount appropriated for this	114281
purpose divided by the full-time equivalent number of children for	114282
whom reimbursement is to be made.	114283

(E) Funds provided to a school district, educational service	114284
center, or residential treatment facility under this section shall	114285
be used to supplement, not supplant, funds from other public	114286
sources for which the school district, service center, or	114287
residential treatment facility is entitled or eligible.	114288

(F) The Department of Education shall track the utilization	114289
of funds provided to school districts, educational service	114290
centers, and residential treatment facilities under this section	114291
and monitor the effect of the funding on the educational programs	114292
they provide in participating residential treatment facilities.	114293
The Department shall monitor the programs for educational	114294
accountability.	114295

Section 267.40.90. SCHOOL DISTRICT PARTICIPATION IN NATIONAL	114296
ASSESSMENT OF EDUCATION PROGRESS	114297

The General Assembly intends for the Superintendent of Public	114298
Instruction to provide for school district participation in the	114299
administration of the National Assessment of Education Progress in	114300
accordance with section 3301.27 of the Revised Code. Each school	114301
and school district selected for participation by the	114302
Superintendent of Public Instruction shall participate.	114303

Section 267.50.10. COMMUNITY SCHOOL FUNDING GUARANTEE FOR SBH	114304
STUDENTS	114305

(A) As used in this section:

114306

(1) "IEP" has the same meaning as in section 3323.01 of the	114307
Revised Code.	114308

(2) "SBH student" means a student receiving special education	114309
and related services for severe behavior disabilities pursuant to	114310
an IEP.	114311

(B) This section applies only to a community school	114312
established under Chapter 3314. of the Revised Code that in each	114313
of fiscal years 2012 and 2013 enrolls a number of SBH students	114314
equal to at least fifty per cent of the total number of students	114315
enrolled in the school in the applicable fiscal year.	114316

(C) In addition to any state foundation payments made, in	114317
each of fiscal years 2012 and 2013, the Department of Education	114318
shall pay to a community school to which this section applies a	114319
subsidy equal to the difference between the aggregate amount	114320
calculated and paid in that fiscal year to the community school	114321
for special education and related services additional weighted	114322
costs for the SBH students enrolled in the school and the	114323
aggregate amount that would have been calculated for the school	114324
for special education and related services additional weighted	114325
costs for those same students in fiscal year 2001. If the	114326
difference is a negative number, the amount of the subsidy shall	114327
be zero.	114328

(D) The amount of any subsidy paid to a community school	114329
under this section shall not be deducted from the school district	114330
in which any of the students enrolled in the community school are	114331
entitled to attend school under section 3313.64 or 3313.65 of the	114332
Revised Code. The amount of any subsidy paid to a community school	114333
under this section shall be paid from funds appropriated to the	114334
Department of Education in appropriation item 200550, Foundation	114335
Funding.	114336

Section 267.50.20. EARMARK ACCOUNTABILITY

114337

At the request of the Superintendent of Public Instruction,	114338
any entity that receives a budget earmark under the Department of	114339
Education shall submit annually to the chairpersons of the	114340
committees of the House of Representatives and the Senate	114341
primarily concerned with education and to the Department of	114342
Education a report that includes a description of the services	114343
supported by the funds, a description of the results achieved by	114344
those services, an analysis of the effectiveness of the program,	114345
and an opinion as to the program's applicability to other school	114346
districts. For an earmarked entity that received state funds from	114347
an earmark in the prior fiscal year, no funds shall be provided by	114348
the Department of Education to an earmarked entity for a fiscal	114349
year until its report for the prior fiscal year has been	114350
submitted.	114351

Section 267.50.30. PROHIBITION FROM OPERATING FROM HOME

114352

No community school established under Chapter 3314. of the	114353
Revised Code that was not open for operation as of May 1, 2005,	114354
shall operate from a home, as defined in section 3313.64 of the	114355
Revised Code.	114356

Section 267.50.40. EARLY COLLEGE START UP COMMUNITY SCHOOL

114357

(A) As used in this section:

114358

(1) "Big eight school district" has the same meaning as in	114359
section 3314.02 of the Revised Code.	114360

(2) "Early college high school" means a high school that	114361
provides students with a personalized learning plan based on an	114362
accelerated curriculum combining high school and college-level	114363
coursework.	114364

(B) Any early college high school that is operated by a big	114365
eight school district in partnership with a private university may	114366
operate as a new start-up community school under Chapter 3314. of	114367
the Revised Code beginning in the 2007-2008 school year, if all of	114368
the following conditions are met:	114369

(1) The governing authority and sponsor of the school enter	114370
into a contract in accordance with section 3314.03 of the Revised	114371
Code and, notwithstanding division (D) of section 3314.02 of the	114372
Revised Code, both parties adopt and sign the contract by July 9,	114373
2007.	114374

(2) Notwithstanding division (A) of former section 3314.016	114375
of the Revised Code, the school's governing authority enters into	114376
a contract with the private university under which the university	114377
will be the school's operator.	114378

(3) The school provides the same educational program the	114379
school provided while part of the big eight school district.	114380

Section 267.50.50. USE OF VOLUNTEERS

114381

The Department of Education may utilize the services of	114382
volunteers to accomplish any of the purposes of the Department.	114383
The Superintendent of Public Instruction shall approve for what	114384
purposes volunteers may be used and for these purposes may	114385
recruit, train, and oversee the services of volunteers. The	114386
Superintendent may reimburse volunteers for necessary and	114387
appropriate expenses in accordance with state guidelines and may	114388
designate volunteers as state employees for the purpose of motor	114389
vehicle accident liability insurance under section 9.83 of the	114390
Revised Code, for immunity under section 9.86 of the Revised Code,	114391
and for indemnification from liability incurred in the performance	114392
of their duties under section 9.87 of the Revised Code.	114393

Section 267.50.60. RESTRICTION OF LIABILITY FOR CERTAIN	114394
REIMBURSEMENTS	114395

(A) Except as expressly required under a court judgment not	114396
subject to further appeals, or a settlement agreement with a	114397
school district executed on or before June 1, 2009, in the case of	114398
a school district for which the formula ADM for fiscal year 2005,	114399
as reported for that fiscal year under division (A) of section	114400
3317.03 of the Revised Code, was reduced based on enrollment	114401
reports for community schools, made under section 3314.08 of the	114402
Revised Code, regarding students entitled to attend school in the	114403
district, which reduction of formula ADM resulted in a reduction	114404
of foundation funding or transitional aid funding for fiscal year	114405
2005, 2006, or 2007, no school district, except a district named	114406
in the court's judgment or the settlement agreement, shall have a	114407
legal claim for reimbursement of the amount of such reduction in	114408
foundation funding or transitional aid funding, and the state	114409
shall not have liability for reimbursement of the amount of such	114410
reduction in foundation funding or transitional aid funding.	114411

(B) As used in this section:

114412

(1) "Community school" means a community school established	114413
under Chapter 3314. of the Revised Code.	114414

(2) "Entitled to attend school" means entitled to attend	114415
school in a school district under section 3313.64 or 3313.65 of	114416
the Revised Code.	114417

(3) "Foundation funding" means payments calculated for the	114418
respective fiscal year under Chapter 3317. of the Revised Code.	114419

(4) "Transitional aid funding" means payments calculated for	114420
the respective fiscal year under Section 41.37 of Am. Sub. H.B. 95	114421
of the 125th General Assembly, as subsequently amended; Section	114422
206.09.39 of Am. Sub. H.B. 66 of the 126th General Assembly, as	114423
subsequently amended; and Section 269.30.80 of Am. Sub. H.B. 119	114424
of the 127th General Assembly.	114425

Section 267.50.70. UNAUDITABLE COMMUNITY SCHOOL

114426

(A) If the Auditor of State or a public accountant, pursuant	114427
to section 117.41 of the Revised Code, declares a community school	114428
established under Chapter 3314. of the Revised Code to be	114429
unauditable, the Auditor of State shall provide written	114430
notification of that declaration to the school, the school's	114431
sponsor, and the Department of Education. The Auditor of State	114432
also shall post the notification on the Auditor of State's web	114433
site.	114434

(B) Notwithstanding any provision to the contrary in Chapter	114435
3314. of the Revised Code or any other provision of law, a sponsor	114436
of a community school that is notified by the Auditor of State	114437
under division (A) of this section that a community school it	114438
sponsors is unauditable shall not enter into contracts with any	114439
additional community schools under section 3314.03 of the Revised	114440
Code until the Auditor of State or a public accountant has	114441
completed a financial audit of that school.	114442

(C) Not later than forty-five days after receiving	114443
notification by the Auditor of State under division (A) of this	114444
section that a community school is unauditable, the sponsor of the	114445
school shall provide a written response to the Auditor of State.	114446
The response shall include the following:	114447

(1) An overview of the process the sponsor will use to review	114448
and understand the circumstances that led to the community school	114449
becoming unauditable;	114450

(2) A plan for providing the Auditor of State with the	114451
documentation necessary to complete an audit of the community	114452
school and for ensuring that all financial documents are available	114453
in the future;	114454

(3) The actions the sponsor will take to ensure that the plan	114455
described in division (C)(2) of this section is implemented.	114456

(D) If a community school fails to make reasonable efforts	114457
and continuing progress to bring its accounts, records, files, or	114458
reports into an auditable condition within ninety days after being	114459
declared unauditable, the Auditor of State, in addition to	114460
requesting legal action under sections 117.41 and 117.42 of the	114461
Revised Code, shall notify the Department of the school's failure.	114462
If the Auditor of State or a public accountant subsequently is	114463
able to complete a financial audit of the school, the Auditor of	114464
State shall notify the Department that the audit has been	114465
completed.	114466

(E) Notwithstanding any provision to the contrary in Chapter	114467
3314. of the Revised Code or any other provision of law, upon	114468
notification by the Auditor of State under division (D) of this	114469
section that a community school has failed to make reasonable	114470
efforts and continuing progress to bring its accounts, records,	114471
files, or reports into an auditable condition following a	114472
declaration that the school is unauditable, the Department shall	114473
immediately cease all payments to the school under Chapter 3314.	114474
of the Revised Code and any other provision of law. Upon	114475
subsequent notification from the Auditor of State under that	114476
division that the Auditor of State or a public accountant was able	114477
to complete a financial audit of the community school, the	114478
Department shall release all funds withheld from the school under	114479
this section.	114480

Section 267.50.80. FLEXIBLE FUNDING FOR FAMILIES AND	114481
CHILDREN	114482

In collaboration with the County Family and Children First	114483
Council, a city, local, or exempted village school district,	114484
community school, STEM school, joint vocational school district,	114485
educational service center, or county board of developmental	114486
disabilities that receives allocations from the Department of	114487
Education from appropriation item 200550, Foundation Funding, or	114488
appropriation item 200540, Special Education Enhancements, may	114489
transfer portions of those allocations to a flexible funding pool	114490
authorized by the Section of this act entitled "FAMILY AND	114491
CHILDREN FIRST FLEXIBLE FUNDING POOL." Allocations used for	114492
maintenance of effort or for federal or state funding matching	114493
requirements shall not be transferred unless the allocation may	114494
still be used to meet such requirements.	114495

Section 267.50.90. EDUCATIONAL SHARED SERVICES MODEL

114496

The Governor's Director of 21st Century Education shall	114497
develop a plan for the integration and consolidation of the	114498
publicly supported regional shared services organizations serving	114499
Ohio's public and chartered nonpublic schools, including	114500
recommendations for implementation of the plan beginning July 1,	114501
2012.	114502

In preparing the plan, the Director shall recommend	114503
educational support organizations to be considered for integration	114504
into the educational service center system. The organizations to	114505
be considered for integration shall include, but shall not be	114506
limited to, education technology centers, information technology	114507
centers, area media centers, Ohio's statewide system of support,	114508
the education regional service system, regional advisory boards,	114509
and regional staff from the Department of Education providing	114510
direct support to school districts.	114511

In preparing the recommendations, the Director shall include	114512
an examination of services offered to public and chartered	114513
nonpublic schools and recommendations for integration of services	114514
into a shared services model. Services to be considered shall	114515
include, but shall not be limited to, general instruction, special	114516
education, gifted education, academic leadership, technology,	114517
fiscal management, transportation, food services, human resources,	114518
employee benefits, pooled purchasing, professional development,	114519
and noninstructional support.	114520

Not later than October 15, 2011, the Director shall conduct a	114521
shared services survey of Ohio's school districts, community	114522
schools, STEM schools, chartered nonpublic schools, joint	114523
vocational school districts, and other educational service	114524
providers and local political subdivisions to gather baseline data	114525
on the current status of shared services and to determine where	114526
opportunities for additional shared services exist.	114527

Not later than January 1, 2012, the Director shall submit to	114528
the Governor and the General Assembly, in accordance with section	114529
101.68 of the Revised Code, legislative recommendations for	114530
implementation of the plan.	114531

Section 267.60.10. If there are unencumbered moneys remaining	114532
on July 1, 2011, in a school district's textbook and instructional	114533
materials fund, as required by former section 3315.17 of the	114534
Revised Code, the district board of education may transfer those	114535
moneys to the district's general fund and may use such moneys for	114536
any purpose authorized for general fund moneys.	114537

Section 269.10. ELC OHIO ELECTIONS COMMISSION

114538

General Revenue Fund	114539

GRF	051321		Operating Expenses		$	333,117		$	333,117		114540
TOTAL GRF General Revenue Fund					$	333,117		$	333,117		114541

General Services Fund Group	114542

4P20	051601	Ohio Elections Commission Fund	$	225,000	$	225,000	114543
TOTAL GSF General Services Fund Group			$	225,000	$	225,000	114544
TOTAL ALL BUDGET FUND GROUPS			$	558,117	$	558,117	114545

Section 271.10. FUN STATE BOARD OF EMBALMERS AND FUNERAL	114547
DIRECTORS	114548

General Services Fund Group	114549

4K90	881609	Operating Expenses	$	561,494	$	551,958	114550
TOTAL GSF General Services							114551
Fund Group			$	561,494	$	551,958	114552
TOTAL ALL BUDGET FUND GROUPS			$	561,494	$	551,958	114553

Section 273.10. PAY EMPLOYEE BENEFITS FUNDS

114555

Accrued Leave Liability Fund Group	114556

8060	995666	Accrued Leave Fund	$	72,053,178	$	71,828,986	114557
8070	995667	Disability Fund	$	27,616,583	$	26,593,747	114558
TOTAL ALF Accrued Leave Liability							114559
Fund Group			$	99,669,761	$	98,422,733	114560

Agency Fund Group	114561

1240	995673	Payroll Deductions	$	855,456,678		$	840,248,559	114562
8080	995668	State Employee Health Benefit Fund	$	590,265,468		$	649,292,014	114563
8090	995669	Dependent Care Spending Account	$	2,881,273		$	2,967,711	114564
8100	995670	Life Insurance Investment Fund	$	2,080,634		$	2,143,053	114565
8110	995671	Parental Leave Benefit Fund	$	3,484,737		$	3,355,673	114566
8130	995672	Health Care Spending Account	$	8,588,262		$	9,447,088	114567
8140	995674	Cost Savings Days	$	50,000,000		$	0	114568
TOTAL AGY Agency Fund Group			$	1,512,757,052		$	1,507,454,098	114569
					114570

TOTAL ALL BUDGET FUND GROUPS

1,612,426,813

1,605,876,831

114571

ACCRUED LEAVE LIABILITY FUND

114572

The foregoing appropriation item 995666, Accrued Leave Fund,	114573
shall be used to make payments from the Accrued Leave Liability	114574
Fund (Fund 8060) pursuant to section 125.211 of the Revised Code.	114575
If it is determined by the Director of Budget and Management that	114576
additional amounts are necessary, the amounts are hereby	114577
appropriated.	114578

STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND

114579

The foregoing appropriation item 995667, Disability Fund,	114580
shall be used to make payments from the State Employee Disability	114581
Leave Benefit Fund (Fund 8070) pursuant to section 124.83 of the	114582
Revised Code. If it is determined by the Director of Budget and	114583
Management that additional amounts are necessary, the amounts are	114584
hereby appropriated.	114585

PAYROLL WITHHOLDING FUND

114586

The foregoing appropriation item 995673, Payroll Deductions,	114587
shall be used to make payments from the Payroll Withholding Fund	114588
(Fund 1240). If it is determined by the Director of Budget and	114589
Management that additional appropriation amounts are necessary,	114590
the amounts are hereby appropriated.	114591

STATE EMPLOYEE HEALTH BENEFIT FUND

114592

The foregoing appropriation item 995668, State Employee	114593
Health Benefit Fund, shall be used to make payments from the State	114594
Employee Health Benefit Fund (Fund 8080) pursuant to section	114595
124.87 of the Revised Code. If it is determined by the Director of	114596
Budget and Management that additional amounts are necessary, the	114597
amounts are hereby appropriated.	114598

DEPENDENT CARE SPENDING FUND

114599

The foregoing appropriation item 995669, Dependent Care	114600
Spending Account, shall be used to make payments from the	114601
Dependent Care Spending Fund (Fund 8090) to employees eligible for	114602
dependent care expenses. If it is determined by the Director of	114603
Budget and Management that additional amounts are necessary, the	114604
amounts are hereby appropriated.	114605

LIFE INSURANCE INVESTMENT FUND

114606

The foregoing appropriation item 995670, Life Insurance	114607
Investment Fund, shall be used to make payments from the Life	114608
Insurance Investment Fund (Fund 8100) for the costs and expenses	114609
of the state's life insurance benefit program pursuant to section	114610
125.212 of the Revised Code. If it is determined by the Director	114611
of Budget and Management that additional amounts are necessary,	114612
the amounts are hereby appropriated.	114613

PARENTAL LEAVE BENEFIT FUND

114614

The foregoing appropriation item 995671, Parental Leave	114615
Benefit Fund, shall be used to make payments from the Parental	114616
Leave Benefit Fund (Fund 8110) to employees eligible for parental	114617
leave benefits pursuant to section 124.137 of the Revised Code. If	114618
it is determined by the Director of Budget and Management that	114619
additional amounts are necessary, the amounts are hereby	114620
appropriated.	114621

HEALTH CARE SPENDING ACCOUNT FUND

114622

The foregoing appropriation item 995672, Health Care Spending	114623
Account, shall be used to make payments from the Health Care	114624
Spending Account Fund (Fund 8130) for payments pursuant to state	114625
employees' participation in a flexible spending account for	114626
non-reimbursed health care expenses and section 124.821 of the	114627
Revised Code. If it is determined by the Director of	114628
Administrative Services that additional appropriation amounts are	114629
necessary, the Director of Administrative Services may request	114630
that the Director of Budget and Management increase such amounts.	114631
Such amounts are hereby appropriated.	114632

At the request of the Director of Administrative Services,	114633
the Director of Budget and Management may transfer up to $600,000	114634
annually from the General Revenue Fund to the Health Care Spending	114635
Account Fund during fiscal years 2012 and 2013. This cash shall be	114636
transferred as needed to provide adequate cash flow for the Health	114637
Care Spending Account Fund during fiscal year 2012 and fiscal year	114638
2013. If funds are available at the end of fiscal years 2012 and	114639
2013, the Director of Budget and Management shall transfer cash up	114640
to the amount previously transferred in the respective year, plus	114641
interest income, from the Health Care Spending Account (Fund 8130)	114642
to the General Revenue Fund.	114643

COST SAVINGS DAYS

114644

The foregoing appropriation item, 995674, Cost Savings Days,	114645
shall be used by the Director of Budget and Management in	114646
accordance with division (E) of section 124.392 of the Revised	114647
Code to pay employees who participated in a mandatory cost savings	114648
program, or to reimburse employees who did not fully participate	114649
in a mandatory cost savings program. Notwithstanding any provision	114650
of law to the contrary, in fiscal year 2012 and fiscal year 2013,	114651
the Director may transfer agency savings achieved from the use of	114652
a mandatory cost savings program to the General Revenue Fund or	114653
any other fund as deemed necessary by the Director. The Director	114654
may make temporary transfers from the General Revenue Fund to	114655
ensure sufficient balances in the Cost Savings Fund and may	114656
reimburse the General Revenue Fund for such transfers. If the	114657
Director determines that additional amounts are necessary for	114658
these purposes, the amounts are hereby appropriated.	114659

Section 273.20. CASH TRANSFER TO PAYROLL WITHHOLDING FUND

114660

The Director of Budget and Management may transfer $561,897	114661
in cash from the Health Care Spending Account Fund (Fund 8130) to	114662
the Payroll Withholding Fund (Fund 1240) to correct payments made	114663
from the Payroll Withholding Fund that should have been made from	114664
the Health Care Spending Account Fund.	114665

Section 275.10. ERB STATE EMPLOYMENT RELATIONS BOARD

114666

General Revenue Fund	114667

GRF	125321		Operating Expenses		$	3,758,869		$	3,761,457		114668
TOTAL GRF General Revenue Fund					$	3,758,869		$	3,761,457		114669

General Services Fund Group	114670

5720	125603	Training and Publications	$	87,075	$	87,075	114671
TOTAL GSF General Services							114672
Fund Group			$	87,075	$	87,075	114673
TOTAL ALL BUDGET FUND GROUPS			$	3,845,944	$	3,848,532	114674

Section 277.10. ENG STATE BOARD OF ENGINEERS AND SURVEYORS

114676

General Services Fund Group	114677

4K90	892609	Operating Expenses	$	934,264	$	921,778	114678
TOTAL GSF General Services							114679
Fund Group			$	934,264	$	921,778	114680
TOTAL ALL BUDGET FUND GROUPS			$	934,264	$	921,778	114681

Section 279.10. EPA ENVIRONMENTAL PROTECTION AGENCY

114683

General Services Fund Group	114684

1990	715602	Laboratory Services	$	402,295	$	408,560	114685
2190	715604	Central Support Indirect	$	8,594,348	$	8,555,680	114686
4A10	715640	Operating Expenses	$	2,304,267	$	2,093,039	114687
TOTAL GSF General Services							114688
Fund Group			$	11,300,910	$	11,057,279	114689

Federal Special Revenue Fund Group	114690

3530	715612	Public Water Supply	$	2,941,282	$	2,941,282	114691
3540	715614	Hazardous Waste Management - Federal	$	4,193,000	$	4,193,000	114692
3570	715619	Air Pollution Control - Federal	$	6,310,203	$	6,310,203	114693
3620	715605	Underground Injection Control - Federal	$	111,874	$	111,874	114694
3BU0	715684	Water Quality Protection	$	8,100,000	$	6,785,000	114695
3CS0	715688	Federal NRD Settlements	$	100,000	$	100,000	114696
3F20	715630	Revolving Loan Fund - Operating	$	907,543	$	907,543	114697
3F30	715632	Federally Supported Cleanup and Response	$	3,344,746	$	3,290,405	114698
3F50	715641	Nonpoint Source Pollution Management	$	6,265,000	$	6,260,000	114699
3T30	715669	Drinking Water State Revolving Fund	$	2,273,323	$	2,273,323	114700
3V70	715606	Agencywide Grants	$	600,000	$	600,000	114701
TOTAL FED Federal Special Revenue							114702
Fund Group			$	35,146,971	$	33,772,630	114703

State Special Revenue Fund Group	114704

4J00	715638	Underground Injection Control	$	445,234	$	445,571	114705
4K20	715648	Clean Air - Non Title V	$	3,152,306	$	2,906,267	114706
4K30	715649	Solid Waste	$	16,742,551	$	16,414,654	114707
4K40	715650	Surface Water Protection	$	7,642,625	$	6,672,246	114708
4K40	715686	Environmental Lab Service	$	2,096,007	$	2,096,007	114709
4K50	715651	Drinking Water Protection	$	7,410,118	$	7,405,428	114710
4P50	715654	Cozart Landfill	$	100,000	$	100,000	114711
4R50	715656	Scrap Tire Management	$	1,368,610	$	1,376,742	114712
4R90	715658	Voluntary Action Program	$	999,503	$	997,425	114713
4T30	715659	Clean Air - Title V Permit Program	$	16,349,471	$	16,241,822	114714
4U70	715660	Construction and Demolition Debris	$	425,913	$	433,591	114715
5000	715608	Immediate Removal Special Account	$	633,832	$	634,033	114716
5030	715621	Hazardous Waste Facility Management	$	10,241,107	$	9,789,620	114717
5050	715623	Hazardous Waste Cleanup	$	12,511,234	$	12,331,272	114718
5050	715674	Clean Ohio Environmental Review	$	108,104	$	108,104	114719
5410	715670	Site Specific Cleanup	$	2,048,101	$	2,048,101	114720
5420	715671	Risk Management Reporting	$	132,636	$	132,636	114721
5920	715627	Anti Tampering Settlement	$	2,285	$	2,285	114722
5BC0	715617	Clean Ohio	$	611,455	$	611,455	114723
5BC0	715622	Local Air Pollution Control	$	2,297,980	$	2,297,980	114724
5BC0	715624	Surface Water	$	8,970,181	$	9,114,974	114725
5BC0	715672	Air Pollution Control	$	4,438,629	$	4,534,758	114726
5BC0	715673	Drinking and Ground Water	$	4,317,527	$	4,323,521	114727
5BC0	715675	Hazardous Waste	$	95,266	$	95,266	114728
5BC0	715676	Assistance and Prevention	$	640,179	$	645,069	114729
5BC0	715677	Laboratory	$	939,717	$	958,586	114730
5BC0	715678	Corrective Actions	$	31,765	$	105,423	114731
5BC0	715687	Areawide Planning Agencies	$	450,000	$	450,000	114732
5BC0	715692	Administration	$	8,562,476	$	8,212,627	114733
5BT0	715679	C&DD Groundwater Monitoring	$	203,800	$	203,800	114734
5BY0	715681	Auto Emissions Test	$	13,029,952	$	13,242,762	114735
5CD0	715682	Clean Diesel School Buses	$	600,000	$	600,000	114736
5H40	715664	Groundwater Support	$	77,508	$	78,212	114737
5N20	715613	Dredge and Fill	$	29,250	$	29,250	114738
5Y30	715685	Surface Water Improvement	$	2,800,000	$	2,800,000	114739
6440	715631	ER Radiological Safety	$	279,838	$	279,966	114740
6600	715629	Infectious Waste Management	$	91,573	$	88,764	114741
6760	715642	Water Pollution Control Loan Administration	$	4,317,376	$	4,321,605	114742
6780	715635	Air Toxic Release	$	138,669	$	138,669	114743
6790	715636	Emergency Planning	$	2,623,192	$	2,623,252	114744
6960	715643	Air Pollution Control Administration	$	1,480,651	$	1,480,812	114745
6990	715644	Water Pollution Control Administration	$	220,000	$	220,000	114746
6A10	715645	Environmental Education	$	1,488,260	$	1,488,718	114747
TOTAL SSR State Special Revenue Fund Group			$	141,144,881	$	139,081,273	114748

Clean Ohio Conservation Fund Group	114749

5S10	715607	Clean Ohio - Operating	$	284,083	$	284,124	114750
TOTAL CLF Clean Ohio Conservation Fund Group			$	284,083	$	284,124	114751
TOTAL ALL BUDGET FUND GROUPS			$	187,876,845	$	184,195,306	114752

AUTOMOBILE EMISSIONS TESTING PROGRAM OPERATION AND OVERSIGHT

114753

On July 1 of each fiscal year, or as soon as possible	114754
thereafter, the Director of Budget and Management may transfer up	114755
to $13,029,952 in cash in fiscal year 2012, and up to $13,242,762	114756
in cash in fiscal year 2013 from the General Revenue Fund to the	114757
Auto Emissions Test Fund (Fund 5BY0) for the operation and	114758
oversight of the auto emissions testing program.	114759

AREAWIDE PLANNING AGENCIES

114760

The Director of Environmental Protection Agency may award	114761
grants from appropriation item 715687, Areawide Planning Agencies,	114762
to areawide planning agencies engaged in areawide water quality	114763
management and planning activities in accordance with Section 208	114764
of the "Federal Clean Water Act," 33 U.S.C. 1288.	114765

CORRECTIVE CASH TRANSFERS

114766

On July 1, 2011, or as soon as possible thereafter, the	114767
Director of Budget and Management shall transfer $376,891.85 in	114768
cash that was mistakenly deposited in the Clean Air Non Title V	114769
Fund (Fund 4K20) to the Clean Air Title V Permit Fund (Fund 4T30).	114770

On July 1, 2011, or as soon as possible thereafter, the	114771
Director of Budget and Management shall transfer $133,026.63 in	114772
cash that was mistakenly deposited in the Scrap Tire Management	114773
Fund (Fund 4R50) to the Site Specific Cleanup Fund (Fund 5410).	114774

Section 281.10. EBR ENVIRONMENTAL REVIEW APPEALS COMMISSION

114775

General Revenue Fund	114776

GRF	172321	Operating Expenses	$	545,530	$	545,530	114777
TOTAL GRF General Revenue Fund			$	545,530	$	545,530	114778
TOTAL ALL BUDGET FUND GROUPS			$	545,530	$	545,530	114779

Section 283.10. ETC ETECH OHIO

114781

General Revenue Fund	114782

GRF	935401	Statehouse News Bureau	$	215,561	$	215,561	114783
GRF	935402	Ohio Government Telecommunications Services	$	702,089	$	702,089	114784
GRF	935408	General Operations	$	1,251,789	$	1,254,193	114785
GRF	935409	Technology Operations	$	2,092,432	$	2,091,823	114786
GRF	935410	Content Development, Acquisition, and Distribution	$	2,607,094	$	2,607,094	114787
GRF	935411	Technology Integration and Professional Development	$	4,251,185	$	4,252,671	114788
GRF	935412	Information Technology	$	829,340	$	829,963	114789
TOTAL GRF General Revenue Fund			$	11,949,490	$	11,953,394	114790

General Services Fund Group	114791

4F30	935603	Affiliate Services	$	50,000	$	50,000	114792
4T20	935605	Government Television/Telecommunications Operating	$	25,000	$	25,000	114793
TOTAL GSF General Services Fund Group			$	75,000	$	75,000	114794

State Special Revenue Fund Group	114795

4W90	935630	Telecommunity	$	25,000	$	25,000	114796
4X10	935634	Distance Learning	$	24,150	$	24,150	114797
5D40	935640	Conference/Special Purposes	$	2,812,039	$	2,813,539	114798
5FK0	935608	Media Services	$	637,601	$	637,956	114799
5JU0	935611	Information Technology Services	$	1,455,000	$	1,455,000	114800
5T30	935607	Gates Foundation Grants	$	200,000	$	171,112	114801
TOTAL SSR State Special Revenue Fund Group			$	5,153,790	$	5,126,757	114802
TOTAL ALL BUDGET FUND GROUPS			$	17,178,280	$	17,155,151	114803

Section 283.20. STATEHOUSE NEWS BUREAU

114805

The foregoing appropriation item 935401, Statehouse News	114806
Bureau, shall be used solely to support the operations of the Ohio	114807
Statehouse News Bureau.	114808

OHIO GOVERNMENT TELECOMMUNICATIONS SERVICES

114809

The foregoing appropriation item 935402, Ohio Government	114810
Telecommunications Services, shall be used solely to support the	114811
operations of Ohio Government Telecommunications Services which	114812
include providing multimedia support to the state government and	114813
its affiliated organizations and broadcasting the activities of	114814
the legislative, judicial, and executive branches of state	114815
government, among its other functions.	114816

TECHNOLOGY OPERATIONS

114817

The foregoing appropriation item 935409, Technology	114818
Operations, shall be used by eTech Ohio to pay expenses of eTech	114819
Ohio's network infrastructure, which includes the television and	114820
radio transmission infrastructure and infrastructure that shall	114821
link all public K-12 classrooms to each other and to the Internet,	114822
and provide access to voice, video, other communication services,	114823
and data educational resources for students and teachers. The	114824
foregoing appropriation item 935409, Technology Operations, may	114825
also be used to cover student costs for taking advanced placement	114826
courses and courses that the Chancellor of the Board of Regents	114827
has determined to be eligible for postsecondary credit through the	114828
Ohio Learns Gateway. To the extent that funds remain available for	114829
this purpose, public school students taking advanced placement or	114830
postsecondary courses through the OhioLearns Gateway shall be	114831
eligible to receive a fee waiver to cover the cost of	114832
participating in one course. The fee waivers shall be distributed	114833
until the funds appropriated to support the waivers have been	114834
exhausted.	114835

CONTENT DEVELOPMENT, ACQUISITION, AND DISTRIBUTION

114836

The foregoing appropriation item 935410, Content Development,	114837
Acquisition, and Distribution, shall be used for the development,	114838
acquisition, and distribution of information resources by public	114839
media and radio reading services and for educational use in the	114840
classroom and online.	114841

Of the foregoing appropriation item 935410, Content	114842
Development, Acquisition, and Distribution, up to $658,099 in each	114843
fiscal year shall be allocated equally among the 12 Ohio	114844
educational television stations and used with the advice and	114845
approval of eTech Ohio. Funds shall be used for the production of	114846
interactive instructional programming series with priority given	114847
to resources aligned with state academic content standards in	114848
consultation with the Ohio Department of Education and for	114849
teleconferences to support eTech Ohio. The programming shall be	114850
targeted to the needs of the poorest two hundred school districts	114851
as determined by the district's adjusted valuation per pupil as	114852
defined in former section 3317.0213 of the Revised Code as that	114853
section existed prior to June 30, 2005.	114854

Of the foregoing appropriation item 935410, Content	114855
Development, Acquisition, and Distribution, up to $1,749,283 in	114856
each fiscal year shall be distributed by eTech Ohio to Ohio's	114857
qualified public educational television stations and educational	114858
radio stations to support their operations. The funds shall be	114859
distributed pursuant to an allocation formula used by the Ohio	114860
Educational Telecommunications Network Commission unless a	114861
substitute formula is developed by eTech Ohio in consultation with	114862
Ohio's qualified public educational television stations and	114863
educational radio stations.	114864

Of the foregoing appropriation item 935410, Content	114865
Development, Acquisition, and Distribution, up to $199,712 in each	114866
fiscal year shall be distributed by eTech Ohio to Ohio's qualified	114867
radio reading services to support their operations. The funds	114868
shall be distributed pursuant to an allocation formula used by the	114869
Ohio Educational Telecommunications Network Commission unless a	114870
substitute formula is developed by eTech Ohio in consultation with	114871
Ohio's qualified radio reading services.	114872

Section 283.30. TECHNOLOGY INTEGRATION AND PROFESSIONAL	114873
DEVELOPMENT	114874

The foregoing appropriation item 935411, Technology	114875
Integration and Professional Development, shall be used by eTech	114876
Ohio for the provision of staff development, hardware, software,	114877
telecommunications services, and information resources to support	114878
educational uses of technology in the classroom and at a distance	114879
and for professional development for teachers, administrators, and	114880
technology staff on the use of educational technology in	114881
qualifying public schools, including the State School for the	114882
Blind, the State School for the Deaf, and the Department of Youth	114883
Services.	114884

Of the foregoing appropriation item 935411, Technology	114885
Integration and Professional Development, up to $1,691,701 in each	114886
fiscal year shall be used by eTech Ohio to contract with	114887
educational television to provide Ohio public schools with	114888
instructional resources and services with priority given to	114889
resources and services aligned with state academic content	114890
standards and such resources and services shall be based upon the	114891
advice and approval of eTech Ohio, based on a formula used by the	114892
Ohio SchoolNet Commission unless and until a substitute formula is	114893
developed by eTech Ohio in consultation with Ohio's educational	114894
technology agencies and noncommercial educational television	114895
stations.	114896

Section 283.40. TELECOMMUNITY

114897

The foregoing appropriation item 935630, Telecommunity, shall	114898
be distributed by eTech Ohio on a grant basis to eligible school	114899
districts to establish "distance learning" through interactive	114900
video technologies in the school district. Per agreements with	114901
eight Ohio local telephone companies, ALLTEL Ohio, CENTURY	114902
Telephone of Ohio, Chillicothe Telephone Company, Cincinnati Bell	114903
Telephone Company, Orwell Telephone Company, Sprint North Central	114904
Telephone, VERIZON, and Western Reserve Telephone Company, school	114905
districts are eligible for funds if they are within one of the	114906
listed telephone company service areas. Funds to administer the	114907
program shall be expended by eTech Ohio up to the amount specified	114908
in the agreements with the listed telephone companies.	114909

Within thirty days after the effective date of this section,	114910
the Director of Budget and Management shall transfer to Fund 4W90	114911
in the State Special Revenue Fund Group any investment earnings	114912
from moneys paid by any telephone company as part of any	114913
settlement agreement between the listed companies and the Public	114914
Utilities Commission in fiscal years 1996 and beyond.	114915

DISTANCE LEARNING

114916

The foregoing appropriation item 935634, Distance Learning,	114917
shall be distributed by eTech Ohio on a grant basis to eligible	114918
school districts to establish "distance learning" in the school	114919
district. Per an agreement with Ameritech, school districts are	114920
eligible for funds if they are within an Ameritech service area.	114921
Funds to administer the program shall be expended by eTech Ohio up	114922
to the amount specified in the agreement with Ameritech.	114923

Within thirty days after the effective date of this section,	114924
the Director of Budget and Management shall transfer to Fund 4X10	114925
in the State Special Revenue Fund Group any investment earnings	114926
from moneys paid by any telephone company as part of a settlement	114927
agreement between the company and the Public Utilities Commission	114928
in fiscal year 1995.	114929

GATES FOUNDATION GRANTS

114930

The foregoing appropriation item 935607, Gates Foundation	114931
Grants, shall be used by eTech Ohio to provide professional	114932
development to school district principals, superintendents, and	114933
other administrative staff on the use of education technology.	114934

Section 285.10. ETH OHIO ETHICS COMMISSION

114935

General Revenue Fund	114936

GRF	146321		Operating Expenses		$	1,409,751		$	1,409,751		114937
TOTAL GRF General Revenue Fund					$	1,409,751		$	1,409,751		114938

General Services Fund Group	114939

4M60	146601	Operating Expenses	$	827,393	$	827,393	114940
TOTAL GSF General Services							114941
Fund Group			$	827,393	$	827,393	114942
TOTAL ALL BUDGET FUND GROUPS			$	2,237,144	$	2,237,144	114943

ETHICS COMMISSION CASINO-RELATED ACTIVITIES

114944

On July 1, 2011, or as soon as possible thereafter, an amount	114945
equal to the unexpended and unencumbered balance of appropriation	114946
item 146602, Casino Investigations, at the end of fiscal year 2011	114947
is hereby reappropriated to the same appropriation item for fiscal	114948
year 2012, to be used for the performance of the Ohio Ethics	114949
Commission's casino-related duties.	114950

Section 287.10. EXP OHIO EXPOSITIONS COMMISSION

114951

General Revenue Fund	114952

GRF	723403		Junior Fair Subsidy		$	50,000		$	50,000		114953
TOTAL GRF General Revenue Fund					$	50,000		$	50,000		114954

State Special Revenue Fund Group	114955

4N20	723602	Ohio State Fair Harness Racing	$	400,000	$	400,000	114956
5060	723601	Operating Expenses	$	12,991,000	$	12,894,000	114957
TOTAL SSR State Special Revenue							114958
Fund Group			$	13,391,000	$	13,294,000	114959
TOTAL ALL BUDGET FUND GROUPS			$	13,441,000	$	13,344,000	114960

STATE FAIR RESERVE

114961

The General Manager of the Expositions Commission may submit	114962
a request to the Controlling Board to use available amounts in the	114963
State Fair Reserve Fund (Fund 6400) if the following conditions	114964
apply:	114965

(A) Admissions receipts for the 2011 or 2012 Ohio State Fair	114966
are less than $1,982,000 because of inclement weather or	114967
extraordinary circumstances;	114968

(B) The Ohio Expositions Commission declares a state of	114969
fiscal exigency; and	114970

(C) The request contains a plan describing how the	114971
Expositions Commission will eliminate the cash shortage causing	114972
the request.	114973

The amount approved by the Controlling Board is hereby	114974
appropriated.	114975

Section 289.10. GOV OFFICE OF THE GOVERNOR

114976

General Revenue Fund	114977

GRF	040321		Operating Expenses		$	2,679,886		$	2,682,632		114978
TOTAL GRF General Revenue Fund					$	2,679,886		$	2,682,632		114979

General Services Fund Group	114980

5AK0	040607		Government Relations		$	365,149		$	365,149		114981
TOTAL GSF General Services Fund Group					$	365,149		$	365,149		114982

TOTAL ALL BUDGET FUND GROUPS

3,045,035

3,047,781

114983

GOVERNMENT RELATIONS

114984

A portion of the foregoing appropriation item 040607,	114985
Government Relations, may be used to support Ohio's membership in	114986
national or regional associations.	114987

The Office of the Governor may charge any state agency of the	114988
executive branch using an intrastate transfer voucher such amounts	114989
necessary to defray the costs incurred for the conduct of	114990
governmental relations associated with issues that can be	114991
attributed to the agency. Amounts collected shall be deposited in	114992
the Government Relations Fund (Fund 5AK0).	114993

Section 291.10. DOH DEPARTMENT OF HEALTH

114994

General Revenue Fund	114995

GRF	440412	Cancer Incidence Surveillance System	$	600,000	$	600,000	114996
GRF	440413	Local Health Department Support	$	2,302,788	$	2,303,061	114997
GRF	440416	Mothers and Children Safety Net Services	$	4,227,842	$	4,228,015	114998
GRF	440418	Immunizations	$	6,430,538	$	6,430,829	114999
GRF	440431	Free Clinics Safety Net Services	$	437,326	$	437,326	115000
GRF	440438	Breast and Cervical Cancer Screening	$	708,539	$	708,539	115001
GRF	440444	AIDS Prevention and Treatment	$	5,842,315	$	5,842,315	115002
GRF	440451	Public Health Laboratory	$	3,654,348	$	3,655,449	115003
GRF	440452	Child and Family Health Services Match	$	630,390	$	630,444	115004
GRF	440453	Health Care Quality Assurance	$	8,170,694	$	8,174,361	115005
GRF	440454	Local Environmental Health	$	1,135,141	$	1,135,362	115006
GRF	440459	Help Me Grow	$	32,923,987	$	32,923,987	115007
GRF	440465	Federally Qualified Health Centers	$	458,688	$	2,686,688	115008
GRF	440467	Access to Dental Care	$	540,484	$	540,484	115009
GRF	440468	Chronic Disease and Injury Prevention	$	2,577,251	$	2,577,251	115010
GRF	440472	Alcohol Testing	$	250,000	$	750,000	115011
GRF	440505	Medically Handicapped Children	$	7,512,451	$	7,512,451	115012
GRF	440507	Targeted Health Care Services Over 21	$	1,045,414	$	1,045,414	115013
TOTAL GRF General Revenue Fund			$	79,448,196	$	82,181,976	115014

State Highway Safety Fund Group	115015

4T40	440603	Child Highway Safety	$	233,894	$	233,894	115016
TOTAL HSF State Highway Safety							115017
Fund Group			$	233,894	$	233,894	115018

General Services Fund Group	115019

1420	440646	Agency Health Services	$	8,825,788	$	8,826,146	115020
2110	440613	Central Support Indirect Costs	$	31,052,756	$	30,720,419	115021
4730	440622	Lab Operating Expenses	$	5,599,538	$	5,600,598	115022
5HB0	440470	Breast and Cervical Cancer Screening	$	1,000,000	$	0	115023
6830	440633	Employee Assistance Program	$	1,259,475	$	1,241,147	115024
6980	440634	Nurse Aide Training	$	99,239	$	99,265	115025
TOTAL GSF General Services							115026
Fund Group			$	47,836,796	$	46,487,575	115027

Federal Special Revenue Fund Group	115028

3200	440601	Maternal Child Health Block Grant	$	27,068,886	$	27,068,886	115029
3870	440602	Preventive Health Block Grant	$	7,826,659	$	7,826,659	115030
3890	440604	Women, Infants, and Children	$	308,672,689	$	308,672,689	115031
3910	440606	Medicaid/Medicare	$	29,625,467	$	29,257,457	115032
3920	440618	Federal Public Health Programs	$	137,976,988	$	137,976,988	115033
TOTAL FED Federal Special Revenue							115034
Fund Group			$	511,170,689	$	510,802,679	115035

State Special Revenue Fund Group	115036

4700	440647	Fee Supported Programs	$	24,503,065	$	24,513,973	115037
4710	440619	Certificate of Need	$	878,145	$	878,433	115038
4770	440627	Medically Handicapped Children Audit	$	3,692,704	$	3,692,703	115039
4D60	440608	Genetics Services	$	3,310,953	$	3,311,039	115040
4F90	440610	Sickle Cell Disease Control	$	1,032,754	$	1,032,824	115041
4G00	440636	Heirloom Birth Certificate	$	5,000	$	5,000	115042
4G00	440637	Birth Certificate Surcharge	$	5,000	$	5,000	115043
4L30	440609	Miscellaneous Expenses	$	3,333,164	$	3,333,164	115044
4P40	440628	Ohio Physician Loan Repayment	$	476,870	$	476,870	115045
4V60	440641	Save Our Sight	$	2,255,760	$	2,255,789	115046
5B50	440616	Quality, Monitoring, and Inspection	$	878,638	$	878,997	115047
5C00	440615	Alcohol Testing and Permit	$	551,018	$	0	115048
5CN0	440645	Choose Life	$	75,000	$	75,000	115049
5D60	440620	Second Chance Trust	$	1,151,815	$	1,151,902	115050
5ED0	440651	Smoke Free Indoor Air	$	190,452	$	190,452	115051
5G40	440639	Adoption Services	$	20,000	$	20,000	115052
5L10	440623	Nursing Facility Technical Assistance Program	$	687,500	$	687,528	115053
5Z70	440624	Ohio Dentist Loan Repayment	$	140,000	$	140,000	115054
6100	440626	Radiation Emergency Response	$	930,525	$	930,576	115055
6660	440607	Medically Handicapped Children - County Assessments	$	19,738,286	$	19,739,617	115056
TOTAL SSR State Special Revenue							115057
Fund Group			$	63,856,649	$	63,318,867	115058

Holding Account Redistribution Fund Group	115059

R014	440631	Vital Statistics	$	44,986	$	44,986	115060
R048	440625	Refunds, Grants Reconciliation, and Audit Settlements	$	20,000	$	20,000	115061
TOTAL 090 Holding Account							115062
Redistribution Fund Group			$	64,986	$	64,986	115063

Tobacco Master Settlement Agreement Fund Group	115064

5BX0	440656	Tobacco Use Prevention	$	1,000,000	$	0	115065
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	1,000,000	$	0	115066
TOTAL ALL BUDGET FUND GROUPS			$	703,611,210	$	703,089,977	115067

Section 291.20. HIV/AIDS PREVENTION/TREATMENT

115069

The foregoing appropriation item 440444, AIDS Prevention and	115070
Treatment, shall be used to assist persons with HIV/AIDS in	115071
acquiring HIV-related medications and to administer educational	115072
prevention initiatives.	115073

PUBLIC HEALTH LABORATORY

115074

A portion of the foregoing appropriation item 440451, Public	115075
Health Laboratory, shall be used for coordination and management	115076
of prevention program operations and the purchase of drugs for	115077
sexually transmitted diseases.	115078

HELP ME GROW

115079

The foregoing appropriation item 440459, Help Me Grow, shall	115080
be used by the Department of Health to distribute subsidies to	115081
counties to implement the Help Me Grow Program. Appropriation item	115082
440459, Help Me Grow, may be used in conjunction with Early	115083
Intervention funding from the Department of Developmental	115084
Disabilities, and in conjunction with other early childhood funds	115085
and services to promote the optimal development of young children	115086
and family-centered programs and services that acknowledge and	115087
support the social, emotional, cognitive, intellectual, and	115088
physical development of children and the vital role of families in	115089
ensuring the well-being and success of children. The Department of	115090
Health shall enter into an interagency agreement with the	115091
Department of Education, Department of Developmental Disabilities,	115092
Department of Job and Family Services, and Department of Mental	115093
Health to ensure that all early childhood programs and initiatives	115094
are coordinated and school linked.	115095

Of the foregoing appropriation item 440459, Help Me Grow, if	115096
a county Family and Children First Council selects home-visiting	115097
programs, the home-visiting program shall only be eligible for	115098
funding if it serves pregnant women, or parents or other primary	115099
caregivers and the parent or other primary caregiver's child or	115100
children under three years of age, through quality programs of	115101
early childhood home visitation and if the home visitations are	115102
performed by nurses, social workers, child development specialists	115103
or other well-trained and competent staff, as demonstrated by	115104
education or training and the provision of ongoing specific	115105
training and supervision in the model of service being delivered.	115106
The home-visiting program also shall be required to have outcome	115107
and research standards that demonstrate ongoing positive outcomes	115108
for children, parents, and other primary caregivers that enhance	115109
child health and development, and conform to a clear consistent	115110
home visitation model that has been in existence for at least	115111
three years. The home visitation model shall be research-based;	115112
grounded in relevant, empirically based knowledge; linked to	115113
program-determined outcomes; associated with a national	115114
organization or institution of higher education that has	115115
comprehensive home visitation program standards that ensure high	115116
quality service delivery and continuous program improvement; and	115117
have demonstrated significant positive outcomes when evaluated	115118
using well-designed and rigorous randomized, controlled, or	115119
quasi-experimental research designs, and the evaluation results	115120
have been published in a peer-reviewed journal.	115121

The foregoing appropriation item 440459, Help Me Grow, may	115122
also be used for the Developmental Autism and Screening Program.	115123

FEDERALLY QUALIFIED HEALTH CENTERS

115124

For fiscal year 2012, any undisbursed funds previously	115125
provided under subsidy agreements between the Department of Health	115126
and the Ohio Association of Community Health Centers, or its	115127
predecessor organization, pursuant to section 183.18 of the	115128
Revised Code, shall be available to federally qualified health	115129
centers in the same manner as those funds in appropriation item	115130
440465, Federally Qualified Health Centers.	115131

TARGETED HEALTH CARE SERVICES OVER 21

115132

The foregoing appropriation item 440507, Targeted Health Care	115133
Services Over 21, shall be used to administer the Cystic Fibrosis	115134
Program and to implement the Hemophilia Insurance Premium Payment	115135
Program.	115136

The foregoing appropriation item 440507, Targeted Health Care	115137
Services Over 21, shall also be used to provide essential	115138
medications and to pay the copayments for drugs approved by the	115139
Department of Health and covered by Medicare Part D that are	115140
dispensed to Bureau for Children with Medical Handicaps (BCMH)	115141
participants for the Cystic Fibrosis Program.	115142

The Department shall expend all of these funds.

115143

GENETICS SERVICES

115144

The foregoing appropriation item 440608, Genetics Services	115145
(Fund 4D60), shall be used by the Department of Health to	115146
administer programs authorized by sections 3701.501 and 3701.502	115147
of the Revised Code. None of these funds shall be used to counsel	115148
or refer for abortion, except in the case of a medical emergency.	115149

MEDICALLY HANDICAPPED CHILDREN AUDIT

115150

The Medically Handicapped Children Audit Fund (Fund 4770)	115151
shall receive revenue from audits of hospitals and recoveries from	115152
third-party payers. Moneys may be expended for payment of audit	115153
settlements and for costs directly related to obtaining recoveries	115154
from third-party payers and for encouraging Medically Handicapped	115155
Children's Program recipients to apply for third-party benefits.	115156
Moneys also may be expended for payments for diagnostic and	115157
treatment services on behalf of medically handicapped children, as	115158
defined in division (A) of section 3701.022 of the Revised Code,	115159
and Ohio residents who are twenty-one or more years of age and who	115160
are suffering from cystic fibrosis or hemophilia. Moneys may also	115161
be expended for administrative expenses incurred in operating the	115162
Medically Handicapped Children's Program.	115163

CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND	115164
PERMIT FUND	115165

The Director of Budget and Management may transfer up to	115166
$551,018 in cash from the Liquor Control Fund (Fund 7043) to the	115167
Alcohol Testing and Permit Fund (Fund 5C00) in fiscal year 2012 to	115168
meet the operating needs of the Alcohol Testing and Permit	115169
Program.	115170

The Director of Budget and Management may transfer up to	115171
$551,018 in cash in fiscal year 2012 to the Alcohol Testing and	115172
Permit Fund (Fund 5C00) from the Liquor Control Fund (Fund 7043)	115173
created in section 4301.12 of the Revised Code determined by a	115174
transfer schedule set by the Department of Health.	115175

MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS

115176

The foregoing appropriation item 440607, Medically	115177
Handicapped Children - County Assessments (Fund 6660), shall be	115178
used to make payments under division (E) of section 3701.023 of	115179
the Revised Code.	115180

NURSING FACILITY TECHNICAL ASSISTANCE PROGRAM

115181

On July 1, 2011, or as soon as possible thereafter, the	115182
Director of Budget and Management may transfer, cash from the	115183
Resident Protection Fund (Fund 4E30), which is used by the Ohio	115184
Department of Job and Family Services, to the Nursing Facility	115185
Technical Assistance Program Fund (Fund 5L10), which is used by	115186
the Ohio Department of Health, to be used under section 3721.026	115187
of the Revised Code. The transfers shall be up to $698,595 in each	115188
fiscal year of the biennium.	115189

Section 291.30. EARLY INTERVENTION WORKGROUP

115190

(A) The Department of Health shall convene a workgroup to	115191
develop recommendations for eligibility criteria for early	115192
intervention services to be provided pursuant to Part C of the	115193
"Individuals with Disability Education Act," 118 Stat. 2744	115194
(2004), 20 U.S.C. 1431 et seq. The recommendations shall be based	115195
on available funds and national data related to the identification	115196
of infants and toddlers who have developmental delays or are most	115197
at risk for developmental delays and, in either case, would	115198
benefit from early intervention services.	115199

(B) The workgroup shall be facilitated by the Department and	115200
shall be composed of all of the following members:	115201

(1) A representative from the Department of Developmental	115202
Disabilities;	115203

(2) A representative from the Department of Education;

115204

(3) A representative from the Department of Mental Health;

115205

(4) A representative from the Help Me Grow Advisory Council;

115206

(5) A parent member of the Help Me Grow Advisory Council;

115207

(6) A representative from the Ohio Family and Children First	115208
Cabinet Council;	115209

(7) A representative from the Ohio Family and Children First	115210
Association;	115211

(8) A county Help Me Grow project director;

115212

(9) A representative from the Ohio Council of Behavioral	115213
Health and Family Services Providers;	115214

(10) A representative from the Ohio Association for Infant	115215
Mental Health;	115216

(11) A representative from the Ohio Association of County	115217
Boards of Developmental Disabilities;	115218

(12) A representative from the Ohio Superintendents of County	115219
Boards of Developmental Disabilities;	115220

(13) A representative from the Ohio chapter of the American	115221
Academy of Pediatrics;	115222

(14) A public health nurse from a board of health of a city	115223
or general health district, or an authority having the duties of a	115224
board of health;	115225

(15) A representative from the Department of Job and Family	115226
Services.	115227

(C)(1) October 1, 2011, is the latest date by which the	115228
workgroup may submit to the Director of Health its recommendations	115229
for eligibility criteria for Part C early intervention services.	115230
If recommendations are submitted, the Director may accept the	115231
recommendations in whole or in part and implement eligibility	115232
criteria accordingly.	115233

(2) If the workgroup does not submit recommendations by	115234
October 1, 2011, the Director shall implement eligibility criteria	115235
for Part C early intervention services. The eligibility criteria	115236
shall be based on available funds and, at most, may include	115237
following:	115238

(a) Children who demonstrate a developmental delay at or	115239
exceeding 2.0 standard deviations below the mean in one or more	115240
areas of development on a norm-referenced tool approved by the	115241
Department;	115242

(b) Children who have a medical diagnosis that falls into one	115243
or more of the following categories: genetic disorders, sensory	115244
impairments, motor impairments, neurological disorders,	115245
significant neuro-developmental disorders, medically related	115246
disorders, or acquired trauma-related disorders;	115247

(c) Children who are at risk of a delay in their social,	115248
emotional, or cognitive development;	115249

(d) Children who, based on informed clinical opinion, are not	115250
eligible under the categories specified in division (C)(2)(a),	115251
(b), or (c) of this section, except that any such child may	115252
receive services pursuant to this category for not more than one	115253
hundred eighty days.	115254

(D) The workgroup shall cease to exist on October 1, 2011.

115255

Section 291.40. CERTIFICATE OF NEED FOR NEW NURSING HOME

115256

(A) As used in this section:

115257

"Nursing home" and "residential care facility" have the same	115258
meanings as in section 3721.01 of the Revised Code.	115259

"Population" means that shown by the 2000 regular federal	115260
census.	115261

(B) The Director of Health shall accept, for review under	115262
section 3702.52 of the Revised Code, a certificate of need	115263
application for the establishment, development, and construction	115264
of a new nursing home if all of the following conditions are met:	115265

(1) The application is submitted to the Director not later	115266
than one hundred eighty days after the effective date of this	115267
section.	115268

(2) The new nursing home is to be located in a county that	115269
has a population of at least thirty thousand persons and not more	115270
than forty-one thousand persons.	115271

(3) The new nursing home is to be located on a campus that	115272
has been in operation for at least twelve years and both of the	115273
following are also located on the campus on the effective date of	115274
this section:	115275

(a) At least one existing residential care facility with at	115276
least twenty-five residents;	115277

(b) At least one existing independent living dwelling for	115278
seniors with at least seventy-five residents.	115279

(4) The new nursing home is to have not more than thirty beds	115280
to which both of the following apply:	115281

(a) All of the beds are to be transferred from an existing	115282
nursing home in the state.	115283

(b) All of the beds are proposed to be licensed as nursing	115284
home beds under Chapter 3721. of the Revised Code.	115285

(C) In reviewing certificate of need applications accepted	115286
under this section, the Director shall neither deny an application	115287
on the grounds that the new nursing home is to have less than	115288
fifty beds nor require an applicant to obtain a waiver of the	115289
minimum fifty-bed requirement established by division (I) of rule	115290
3701-12-23 of the Administrative Code.	115291

Section 293.10. HEF HIGHER EDUCATIONAL FACILITY COMMISSION

115292

Agency Fund Group	115293

4610	372601	Operating Expenses	$	30,000	$	30,000	115294
TOTAL AGY Agency Fund Group			$	30,000	$	30,000	115295
TOTAL ALL BUDGET FUND GROUPS			$	30,000	$	30,000	115296

Section 295.10. SPA COMMISSION ON HISPANIC/LATINO AFFAIRS

115298

General Revenue Fund	115299

GRF	148100	Personal Services	$	230,000	$	230,000	115300
GRF	148200	Maintenance	$	50,000	$	50,000	115301
GRF	148402	Community Projects	$	37,005	$	44,922	115302
TOTAL GRF General Revenue Fund			$	317,005	$	324,922	115303

General Services Fund Group	115304

6010	148602	Gifts and Miscellaneous	$	4,558	$	4,558	115305
TOTAL GSF General Services							115306
Fund Group			$	4,558	$	4,558	115307
TOTAL ALL BUDGET FUND GROUPS			$	321,563	$	329,480	115308

Section 297.10. OHS OHIO HISTORICAL SOCIETY

115310

General Revenue Fund	115311

GRF	360501	Education and Collections	$	2,368,997	$	2,368,997	115312
GRF	360502	Site and Museum Operations	$	3,926,288	$	3,926,288	115313
GRF	360504	Ohio Preservation Office	$	290,000	$	290,000	115314
GRF	360505	National Afro-American Museum	$	414,798	$	414,798	115315
GRF	360506	Hayes Presidential Center	$	281,043	$	281,043	115316
GRF	360508	State Historical Grants	$	390,570	$	390,570	115317
GRF	360509	Outreach and Partnership	$	90,395	$	90,395	115318
TOTAL GRF General Revenue Fund			$	7,762,091	$	7,762,091	115319
TOTAL ALL BUDGET FUND GROUPS			$	7,762,091	$	7,762,091	115320

SUBSIDY APPROPRIATION

115321

Upon approval by the Director of Budget and Management, the	115322
foregoing appropriation items shall be released to the Ohio	115323
Historical Society in quarterly amounts that in total do not	115324
exceed the annual appropriations. The funds and fiscal records of	115325
the society for fiscal year 2012 and fiscal year 2013 shall be	115326
examined by independent certified public accountants approved by	115327
the Auditor of State, and a copy of the audited financial	115328
statements shall be filed with the Office of Budget and	115329
Management. The society shall prepare and submit to the Office of	115330
Budget and Management the following:	115331

(A) An estimated operating budget for each fiscal year of the	115332
biennium. The operating budget shall be submitted at or near the	115333
beginning of each calendar year.	115334

(B) Financial reports, indicating actual receipts and	115335
expenditures for the fiscal year to date. These reports shall be	115336
filed at least semiannually during the fiscal biennium.	115337

The foregoing appropriations shall be considered to be the	115338
contractual consideration provided by the state to support the	115339
state's offer to contract with the Ohio Historical Society under	115340
section 149.30 of the Revised Code.	115341

HAYES PRESIDENTIAL CENTER

115342

If a United States government agency, including, but not	115343
limited to, the National Park Service, chooses to take over the	115344
operations or maintenance of the Hayes Presidential Center, in	115345
whole or in part, the Ohio Historical Society shall make	115346
arrangements with the National Park Service or other United States	115347
government agency for the efficient transfer of operations or	115348
maintenance.	115349

STATE HISTORICAL GRANTS

115350

Of the foregoing appropriation item 360508, State Historical	115351
Grants, $195,285 in each fiscal year shall be granted to the	115352
Cincinnati Museum Center, and $195,285 in each fiscal year shall	115353
be granted to the Western Reserve Historical Society.	115354

Section 299.10. REP OHIO HOUSE OF REPRESENTATIVES

115355

General Revenue Fund	115356

GRF	025321		Operating Expenses		$	18,517,093		$	18,517,093		115357
TOTAL GRF General Revenue Fund					$	18,517,093		$	18,517,093		115358

General Services Fund Group	115359

1030	025601	House Reimbursement	$	1,433,664	$	1,433,664	115360
4A40	025602	Miscellaneous Sales	$	37,849	$	37,849	115361
TOTAL GSF General Services							115362
Fund Group			$	1,471,513	$	1,471,513	115363
TOTAL ALL BUDGET FUND GROUPS			$	19,988,606	$	19,988,606	115364

OPERATING EXPENSES

115365

On July 1, 2011, or as soon as possible thereafter, the Clerk	115366
of the House of Representatives may certify to the Director of	115367
Budget and Management the amount of the unexpended, unencumbered	115368
balance of the foregoing appropriation item 025321, Operating	115369
Expenses, at the end of fiscal year 2011 to be reappropriated to	115370
fiscal year 2012. The amount certified is hereby reappropriated to	115371
the same appropriation item for fiscal year 2012.	115372

On July 1, 2012, or as soon as possible thereafter, the Clerk	115373
of the House of Representatives may certify to the Director of	115374
Budget and Management the amount of the unexpended, unencumbered	115375
balance of the foregoing appropriation item 025321, Operating	115376
Expenses, at the end of fiscal year 2012 to be reappropriated to	115377
fiscal year 2013. The amount certified is hereby reappropriated to	115378
the same appropriation item for fiscal year 2013.	115379

Section 303.10. HFA OHIO HOUSING FINANCE AGENCY

115380

Agency Fund Group	115381

5AZ0	997601	Housing Finance Agency Personal Services	$	12,636,646	$	12,405,084	115382
TOTAL AGY Agency Fund Group			$	12,636,646	$	12,405,084	115383
TOTAL ALL BUDGET FUND GROUPS			$	12,636,646	$	12,405,084	115384

Section 305.10. IGO OFFICE OF THE INSPECTOR GENERAL

115386

General Revenue Fund	115387

GRF	965321		Operating Expenses		$	1,124,663		$	1,125,598		115388
TOTAL GRF General Revenue Fund					$	1,124,663		$	1,125,598		115389

General Services Fund Group	115390

5FA0	965603	Deputy Inspector General for ODOT	$	400,000	$	400,000	115391
5FT0	965604	Deputy Inspector General for BWC/OIC	$	425,000	$	425,000	115392
5GI0	965605	Deputy Inspector General for ARRA	$	520,837	$	521,535	115393
TOTAL GSF General Services Fund Group			$	1,345,837	$	1,346,535	115394
TOTAL ALL BUDGET FUND GROUPS			$	2,470,500	$	2,472,133	115395

IGO CASINO-RELATED ACTIVITIES

115396

On July 1, 2011, or as soon as possible thereafter, an amount	115397
equal to the unexpended, unencumbered balance of appropriation	115398
item 965609, Casino Investigations, at the end of fiscal year 2011	115399
is hereby reappropriated to the same appropriation item for fiscal	115400
year 2012, to be used for the performance of the Inspector	115401
General's casino-related duties.	115402

DEPUTY INSPECTOR GENERAL FOR FUNDS RECEIVED THROUGH THE	115403
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009	115404

On July 1, 2011, and on January 1, 2012, or as soon as	115405
possible thereafter, the Director of Budget and Management shall	115406
transfer $225,000 in cash, for each period, from the General	115407
Revenue Fund to the Deputy Inspector General for Funds Received	115408
through the American Recovery and Reinvestment Act of 2009 Fund	115409
(Fund 5GI0), which is created in section 121.53 of the Revised	115410
Code.	115411

On July 1, 2012, and on January 1, 2013, or as soon as	115412
possible thereafter, the Director of Budget and Management shall	115413
transfer $225,000 in cash, for each period, from the General	115414
Revenue Fund to the Deputy Inspector General for Funds Received	115415
through the American Recovery and Reinvestment Act of 2009 Fund	115416
(Fund 5GI0).	115417

Section 307.10. INS DEPARTMENT OF INSURANCE

115418

Federal Special Revenue Fund Group	115419

3EV0	820610	Health Insurance Premium Review	$	1,000,000	$	1,000,000	115420
3EW0	820611	Health Exchange Planning	$	1,000,000	$	1,000,000	115421
3U50	820602	OSHIIP Operating Grant	$	2,270,726	$	2,270,725	115422
TOTAL FED Federal Special							115423
Revenue Fund Group			$	4,270,726	$	4,270,725	115424

State Special Revenue Fund Group	115425

5540	820601	Operating Expenses - OSHIIP	$	190,000	$	180,000	115426
5540	820606	Operating Expenses	$	22,745,538	$	22,288,550	115427
5550	820605	Examination	$	9,065,684	$	8,934,065	115428
TOTAL SSR State Special Revenue							115429
Fund Group			$	32,001,222	$	31,402,615	115430
TOTAL ALL BUDGET FUND GROUPS			$	36,271,948	$	35,673,340	115431

MARKET CONDUCT EXAMINATION

115432

When conducting a market conduct examination of any insurer	115433
doing business in this state, the Superintendent of Insurance may	115434
assess the costs of the examination against the insurer. The	115435
superintendent may enter into consent agreements to impose	115436
administrative assessments or fines for conduct discovered that	115437
may be violations of statutes or rules administered by the	115438
superintendent. All costs, assessments, or fines collected shall	115439
be deposited to the credit of the Department of Insurance	115440
Operating Fund (Fund 5540).	115441

EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES

115442

The Director of Budget and Management, at the request of the	115443
Superintendent of Insurance, may transfer funds from the	115444
Department of Insurance Operating Fund (Fund 5540), established by	115445
section 3901.021 of the Revised Code, to the Superintendent's	115446
Examination Fund (Fund 5550), established by section 3901.071 of	115447
the Revised Code, only for expenses incurred in examining domestic	115448
fraternal benefit societies as required by section 3921.28 of the	115449
Revised Code.	115450

TRANSFER FROM FUND 5540 TO GENERAL REVENUE FUND

115451

Not later than the thirty-first day of July each fiscal year,	115452
the Director of Budget and Management shall transfer $5,000,000	115453
from the Department of Insurance Operating Fund (Fund 5540) to the	115454
General Revenue Fund.	115455

Section 309.10. JFS DEPARTMENT OF JOB AND FAMILY SERVICES

115456

General Revenue Fund	115457

GRF	600321	Support Services					115458
		State	$	34,801,760	$	31,932,117	115459
		Federal	$	9,322,222	$	9,207,441	115460
		Support Services Total	$	44,123,982	$	41,139,558	115461
GRF	600410	TANF State	$	161,298,234	$	161,298,234	115462
GRF	600413	Child Care Match/Maintenance of Effort	$	84,732,730	$	84,732,730	115463
GRF	600416	Computer Projects					115464
		State	$	67,955,340	$	69,263,506	115465
		Federal	$	13,105,167	$	12,937,222	115466
		Computer Projects Total	$	81,060,507	$	82,200,728	115467
GRF	600417	Medicaid Provider Audits	$	1,312,992	$	1,312,992	115468
GRF	600420	Child Support Administration	$	6,163,534	$	6,065,588	115469
GRF	600421	Office of Family Stability	$	3,768,929	$	3,757,493	115470
GRF	600423	Office of Children and Families	$	5,123,406	$	4,978,756	115471
GRF	600425	Office of Ohio Health Plans					115472
		State	$	13,149,582	$	15,740,987	115473
		Federal	$	12,556,921	$	12,286,234	115474
		Office of Ohio Health Plans Total	$	25,706,503	$	28,027,221	115475
GRF	600502	Administration - Local	$	16,814,103	$	16,814,103	115476
GRF	600511	Disability Financial Assistance	$	26,599,666	$	27,108,734	115477
GRF	600521	Entitlement Administration - Local	$	72,200,721	$	72,200,721	115478
GRF	600523	Children and Families Services	$	53,105,323	$	53,105,323	115479
GRF	600525	Health Care/Medicaid					115480
		State	$	4,294,495,337	$	4,680,752,933	115481
		Federal	$	7,501,402,180	$	8,420,642,075	115482
		Health Care Total	$	11,795,897,517	$	13,101,395,008	115483
GRF	600526	Medicare Part D	$	275,154,963	$	300,140,824	115484
GRF	600528	Adoption Services					115485
		State	$	26,346,632	$	26,346,632	115486
		Federal	$	36,996,469	$	36,996,469	115487
		Adoption Services Total	$	63,343,101	$	63,343,101	115488
GRF	600533	Child, Family, and Adult Community & Protective Services	$	13,500,000	$	13,500,000	115489
GRF	600534	Adult Protective Services	$	366,003	$	366,003	115490
GRF	600535	Early Care and Education	$	123,596,474	$	123,596,474	115491
GRF	600537	Children's Hospital	$	2,000,000	$	2,000,000	115492
GRF	600540	Second Harvest Food Banks	$	4,000,000	$	4,000,000	115493
GRF	600541	Kinship Permanency Incentive Program	$	2,500,000	$	3,500,000	115494
TOTAL GRF General Revenue Fund							115495
		State	$	5,288,985,729	$	5,702,514,150	115496
		Federal	$	7,573,382,959	$	8,492,069,441	115497
		GRF Total	$	12,862,368,688	$	14,194,583,591	115498

General Services Fund Group	115499

4A80	600658	Child Support Collections	$	34,000,000	$	34,000,000	115500
5C90	600671	Medicaid Program Support	$	85,800,878	$	82,839,266	115501
5DL0	600639	Medicaid Revenue and Collections	$	89,256,974	$	84,156,974	115502
5DM0	600633	Administration & Operating	$	20,392,173	$	19,858,928	115503
5FX0	600638	Medicaid Payment Withholding	$	26,000,000	$	26,000,000	115504
5HL0	600602	State and County Shared services	$	3,020,000	$	3,020,000	115505
5P50	600692	Prescription Drug Rebate - State	$	220,600,000	$	242,600,000	115506
6130	600645	Training Activities	$	500,000	$	500,000	115507
TOTAL GSF General Services							115508
Fund Group			$	479,570,025	$	492,975,168	115509

Federal Special Revenue Fund Group	115510

3270	600606	Child Welfare	$	29,769,865	$	29,769,866	115511
3310	600686	Federal Operating	$	49,128,140	$	48,203,023	115512
3840	600610	Food Assistance and State Administration	$	180,381,394	$	180,381,394	115513
3850	600614	Refugee Services	$	11,582,440	$	12,564,952	115514
3950	600616	Special Activities/Child and Family Services	$	2,259,264	$	2,259,264	115515
3960	600620	Social Services Block Grant	$	64,999,999	$	64,999,998	115516
3970	600626	Child Support	$	241,812,837	$	241,813,528	115517
3980	600627	Adoption Maintenance/ Administration	$	352,183,862	$	352,184,253	115518
3A20	600641	Emergency Food Distribution	$	5,000,000	$	5,000,000	115519
3AW0	600675	Faith Based Initiatives	$	544,140	$	544,140	115520
3D30	600648	Children's Trust Fund Federal	$	2,040,524	$	2,040,524	115521
3ER0	600603	Health Information Technology	$	411,661,286	$	416,395,286	115522
3F00	600623	Health Care Federal	$	2,637,061,505	$	2,720,724,869	115523
3F00	600650	Hospital Care Assurance Match	$	372,784,046	$	380,645,627	115524
3FA0	600680	Ohio Health Care Grants	$	9,405,000	$	20,000,000	115525
3G50	600655	Interagency Reimbursement	$	1,626,305,787	$	1,385,391,478	115526
3H70	600617	Child Care Federal	$	208,290,036	$	204,813,731	115527
3N00	600628	IV-E Foster Care Maintenance	$	133,963,142	$	133,963,142	115528
3S50	600622	Child Support Projects	$	534,050	$	534,050	115529
3V00	600688	Workforce Investment Act	$	176,496,250	$	172,805,562	115530
3V40	600678	Federal Unemployment Programs	$	188,680,096	$	186,723,415	115531
3V40	600679	Unemployment Compensation Review Commission - Federal	$	4,166,988	$	4,068,758	115532
3V60	600689	TANF Block Grant	$	727,968,260	$	727,968,260	115533
TOTAL FED Federal Special Revenue							115534
Fund Group			$	7,437,018,911	$	7,293,795,120	115535

State Special Revenue Fund Group	115536

1980	600647	Children's Trust Fund	$	5,873,637	$	5,873,848	115537
4A90	600607	Unemployment Compensation Administration Fund	$	21,924,998	$	21,424,998	115538
4A90	600694	Unemployment Compensation Review Commission	$	2,873,167	$	2,817,031	115539
4E30	600605	Nursing Home Assessments	$	2,878,320	$	2,878,319	115540
4E70	600604	Child and Family Services Collections	$	400,000	$	400,000	115541
4F10	600609	Foundation Grants/Child & Family Services	$	683,359	$	683,549	115542
4K10	600621	ICF/MR Bed Assessments	$	41,405,596	$	44,372,874	115543
4Z10	600625	HealthCare Compliance	$	25,000,000	$	25,000,000	115544
5AJ0	600631	Money Follows the Person	$	5,483,080	$	4,733,080	115545
5DB0	600637	Military Injury Grants	$	2,000,000	$	2,000,000	115546
5DP0	600634	Adoption Assistance Loan	$	500,000	$	500,000	115547
5ES0	600630	Food Assistance	$	500,000	$	500,000	115548
5GF0	600656	Medicaid - Hospital	$	436,000,000	$	436,000,000	115549
5KC0	600682	Health Care Special Activities	$	10,000,000	$	10,000,000	115550
5R20	600608	Medicaid-Nursing Facilities	$	402,489,308	$	407,100,746	115551
5S30	600629	MR/DD Medicaid Administration and Oversight	$	9,252,738	$	9,147,791	115552
5U30	600654	Health Care Services Administration	$	24,902,307	$	25,439,266	115553
5U60	600663	Children and Family Support	$	4,719,468	$	4,719,468	115554
6510	600649	Hospital Care Assurance Program Fund	$	212,526,123	$	217,008,050	115555
TOTAL SSR State Special Revenue							115556
Fund Group			$	1,209,412,101	$	1,220,599,020	115557

Agency Fund Group	115558

1920	600646	Support Intercept - Federal	$	130,000,000	$	130,000,000	115559
5830	600642	Support Intercept - State	$	16,000,000	$	16,000,000	115560
5B60	600601	Food Assistance Intercept	$	2,000,000	$	2,000,000	115561
TOTAL AGY Agency Fund Group			$	148,000,000	$	148,000,000	115562

Holding Account Redistribution Fund Group	115563

R012	600643	Refunds and Audit Settlements	$	2,200,000	$	2,200,000	115564
R013	600644	Forgery Collections	$	10,000	$	10,000	115565
TOTAL 090 Holding Account Redistribution Fund Group			$	2,210,000	$	2,210,000	115566
TOTAL ALL BUDGET FUND GROUPS			$	22,138,579,725	$	23,352,162,899	115567

Section 309.20. SUPPORT SERVICES

115569

Section 309.20.10. ADMINISTRATION AND OPERATING

115570

On July 1, 2011, or as soon as possible thereafter, the	115571
Director of Budget and Management may transfer up to $535,300 cash	115572
from the TANF Quality Control Reinvestments Fund (Fund 5Z90) to	115573
the Administration and Operating Fund (Fund 5DM0). Upon completion	115574
of the transfer, Fund 5Z90 is abolished.	115575

Of the foregoing appropriation item 600633, Administration	115576
and Operating, the Department of Job and Family Services shall use	115577
up to $535,300 to pay for one-time contract expenses.	115578

Section 309.20.20. TRANSFER TO STATE AND COUNTY SHARED	115579
SERVICES FUND	115580

Within thirty days of the effective date of this act, or as	115581
soon as possible thereafter, the Director of Budget and Management	115582
shall transfer the unencumbered cash balance in the County	115583
Technologies Fund (Fund 5N10) to the State and County Shared	115584
Services Fund (Fund 5HL0). The transferred cash is hereby	115585
appropriated.	115586

Section 309.20.30. AGENCY FUND GROUP

115587

The Agency Fund Group and Holding Account Redistribution Fund	115588
Group shall be used to hold revenues until the appropriate fund is	115589
determined or until the revenues are directed to the appropriate	115590
governmental agency other than the Department of Job and Family	115591
Services. If receipts credited to the Support Intercept – Federal	115592
Fund (Fund 1920), the Support Intercept – State Fund (Fund 5830),	115593
the Food Stamp Offset Fund (Fund 5B60), the Refunds and Audit	115594
Settlements Fund (Fund R012), or the Forgery Collections Fund	115595
(Fund R013) exceed the amounts appropriated from the fund, the	115596
Director of Job and Family Services may request the Director of	115597
Budget and Management to authorize expenditures from the fund in	115598
excess of the amounts appropriated. Upon the approval of the	115599
Director of Budget and Management, the additional amounts are	115600
hereby appropriated.	115601

Section 309.30. MEDICAID

115602

Section 309.30.10. HEALTH CARE/MEDICAID

115603

The foregoing appropriation item 600525, Health	115604
Care/Medicaid, shall not be limited by section 131.33 of the	115605
Revised Code.	115606

Section 309.30.20. UNIFIED LONG TERM CARE

115607

The foregoing appropriation item 600525, Health	115608
Care/Medicaid, may be used to provide the preadmission screening	115609
and resident review (PASRR), which includes screening,	115610
assessments, and determinations made under sections 5111.204,	115611
5119.061, and 5123.021 of the Revised Code.	115612

The foregoing appropriation item 600525, Health	115613
Care/Medicaid, may be used to assess and provide long-term care	115614
consultations under section 173.42 of the Revised Code to clients	115615
regardless of Medicaid eligibility.	115616

The foregoing appropriation item 600525, Health	115617
Care/Medicaid, may be used to provide nonwaiver funded PASSPORT,	115618
assisted living, and PACE services to persons who the state	115619
department has determined to be eligible to participate in the	115620
nonwaiver funded PASSPORT, assisted living, and PACE programs, who	115621
applied for but have not yet been determined to be financially	115622
eligible to participate in the Medicaid waiver component of the	115623
PASSPORT Home Care Program, Assisted Living Program, or the PACE	115624
Program by a county department of job and family services, and to	115625
persons who are not eligible for Medicaid but were enrolled in the	115626
PASSPORT Program prior to July 1, 1990.	115627

The foregoing appropriation item 600525, Health	115628
Care/Medicaid, shall be used to provide the required state match	115629
for federal Medicaid funds supporting the Medicaid waiver-funded	115630
PASSPORT Home Care Program, the Choices Program, the Assisted	115631
Living Program, and the PACE Program.	115632

The foregoing appropriation item 600525, Health	115633
Care/Medicaid, shall be used to provide the federal matching share	115634
of program costs determined by the Department of Job and Family	115635
Services to be eligible for Medicaid reimbursement for the	115636
Medicaid waiver-funded PASSPORT Home Care Program, the Choices	115637
Program, the Assisted Living Program, and the PACE Program.	115638

Of the foregoing appropriation item 600525, Health	115639
Care/Medicaid, $13,904,338 in fiscal year 2012 and $27,894,003 in	115640
fiscal year 2013 shall be used to provide supplemental funding to	115641
the Medicaid waiver-funded PASSPORT Home Care Program.	115642

Section 309.30.30. REDUCTION IN MEDICAID PAYMENT RATES

115643

(A) For fiscal year 2012 and fiscal year 2013, the Director	115644
of Job and Family Services shall implement purchasing strategies	115645
and rate reductions for certain Medicaid-covered services, as	115646
determined by the Director, that result in payment rates for those	115647
services being at least two per cent less than the respective	115648
payment rates for fiscal year 2011. The Director shall consider	115649
the following when implementing purchasing strategies and rate	115650
reductions under this section:	115651

(1) Modernizing hospital inpatient and outpatient	115652
reimbursement methodologies by doing the following:	115653

(a) Modifying the inpatient hospital capital reimbursement	115654
methodology;	115655

(b) Implementing relative weights for diagnosis-related	115656
groups or establishing new diagnosis-related groups;	115657

(c) Implementing other changes the Director considers	115658
appropriate.	115659

(2) Establishing selective contracting and prior	115660
authorization requirements for types of medical assistance the	115661
Director identifies.	115662

(B) In the case of any purchasing strategies and rate	115663
reductions that reduce administrative rate payments made to	115664
managed care organizations under contract with the Department of	115665
Job and Family Services pursuant to section 5111.17 of the Revised	115666
Code, the Department shall ensure that no managed care	115667
organization passes the administrative rate payment reductions	115668
onto providers under contract with the organization.	115669

(C) The Director shall adopt rules under section 5111.02 and	115670
5111.85 of the Revised Code as necessary to implement this	115671
section.	115672

(D) This section does not apply to nursing facility and	115673
intermediate care facility for the mentally retarded services	115674
provided under the Medicaid program.	115675

Section 309.30.33. REDUCTION OF MEDICAID MANAGED CARE	115676
ADMINISTRATIVE EXPENSES	115677

For fiscal year 2012 and fiscal year 2013, the Department of	115678
Job and Family Services may reduce by one per cent the rate it	115679
pays for administrative expenses to managed care organizations	115680
under contract with the Department pursuant to section 5111.17 of	115681
the Revised Code.	115682

If any reduction is made pursuant to this section, the	115683
managed care organization receiving the reduction shall not pass	115684
the cost of the reduction onto any hospital with which it has a	115685
contract to provide services to the Medicaid recipients enrolled	115686
in the organization.	115687

Section 309.30.35. CONTINUATION OF MEDICAID RATES FOR	115688
HOSPITAL INPATIENT AND OUTPATIENT SERVICES	115689

The Director of Job and Family Services shall amend rules	115690
adopted under section 5111.02 of the Revised Code as necessary to	115691
continue, for the period beginning July 1, 2011, through June 30,	115692
2013, the Medicaid reimbursement rates in effect from October 1,	115693
2009, through June 30, 2011, for Medicaid-covered hospital	115694
inpatient services and hospital outpatient services that are paid	115695
under the prospective payment system established in those rules.	115696
The rates shall continue to be in effect, notwithstanding any	115697
policies or rules the Director adopts or amends pursuant to the	115698
section of this act titled "Reduction of Medicaid Expenditures."	115699

Section 309.30.40. MANAGED CARE PERFORMANCE PAYMENT PROGRAM

115700

At the beginning of each quarter, or as soon as possible	115701
thereafter, the Director of Job and Family Services shall certify	115702
to the Director of Budget and Management the amount withheld in	115703
accordance with section 5111.179 of the Revised Code for purposes	115704
of the Managed Care Performance Payment Program. Upon receiving	115705
certification, the Director of Budget and Management shall	115706
transfer cash in the amount certified from the General Revenue	115707
Fund to the Managed Care Performance Payment Fund. The transferred	115708
cash is hereby appropriated. Appropriation item 600525, Health	115709
Care/Medicaid, is hereby reduced by the amount of the transfer.	115710

Section 309.30.50. COORDINATION OF CARE FOR COVERED FAMILIES	115711
AND CHILDREN PENDING MEDICAID MANAGED CARE ENROLLMENT	115712

(A) As used in this section, "Medicaid managed care" means	115713
the care management system established under section 5111.16 of	115714
the Revised Code.	115715

(B) The departments of Job and Family Services and Health	115716
shall work together on the issue of achieving efficiencies in the	115717
delivery of medical assistance provided under Medicaid to families	115718
and children.	115719

(C) As part of their work under division (B) of this section,	115720
the departments shall develop a proposal for coordinating medical	115721
assistance provided to families and children under Medicaid while	115722
they wait to be enrolled in Medicaid managed care. In developing	115723
the proposal, the departments may do the following:	115724

(1) Conduct research on the status of families and children	115725
waiting to be enrolled in Medicaid managed care, including	115726
research on the reasons for the wait and the utilization of	115727
medical assistance during the waiting period;	115728

(2) Conduct a review of ways to help families and children	115729
receive medical assistance in the most appropriate setting while	115730
they wait to be enrolled in Medicaid managed care;	115731

(3) Develop recommendations for a coordinated, cost-effective	115732
system of helping families and children waiting to be enrolled in	115733
Medicaid managed care find the medical assistance they need during	115734
the waiting period;	115735

(4) For the purpose of reducing the waiting period for	115736
enrollment in Medicaid managed care, develop recommendations for	115737
improving the enrollment processes.	115738

(D) As part of the work that is done under division (B) of	115739
this section, the Department of Job and Family Services may submit	115740
to the United States Secretary of Health and Human Services a	115741
request for a Medicaid state plan amendment to authorize payment	115742
for Medicaid-reimbursable targeted case management services that	115743
are provided in connection with the Help Me Grow Program and for	115744
services provided under the Program. Each quarter during fiscal	115745
year 2012 and fiscal year 2013 following approval of the Medicaid	115746
state plan amendment, the Department of Job and Family Services	115747
shall certify to the Director of Budget and Management the state	115748
and federal share of the amount the Department of Job and Family	115749
Services has expended that quarter for services under this	115750
section. On receipt of each quarterly certification to the	115751
Director of Budget and Management shall decrease appropriation	115752
from appropriation item 440459, Help Me Grow, an amount equal to	115753
the state share of the certified expenditures and increase	115754
appropriation item 600525, Health Care/Medicaid by an equal amount	115755
and adjust the Federal share accordingly.	115756

Section 309.30.60. FISCAL YEAR 2012 MEDICAID REIMBURSEMENT	115757
SYSTEM FOR NURSING FACILITIES	115758

(A) As used in this section:

115759

"Franchise permit fee," "Medicaid days," "nursing facility,"	115760
and "provider" have the same meanings as in section 5111.20 of the	115761
Revised Code.	115762

"Nursing facility services" means nursing facility services	115763
covered by the Medicaid program that a nursing facility provides	115764
to a resident of the nursing facility who is a Medicaid recipient	115765
eligible for Medicaid-covered nursing facility services.	115766

(B) Except as otherwise provided by this section, the	115767
provider of a nursing facility that has a valid Medicaid provider	115768
agreement on June 30, 2011, and a valid Medicaid provider	115769
agreement during fiscal year 2012 shall be paid, for nursing	115770
facility services the nursing facility provides during fiscal year	115771
2012, the rate calculated for the nursing facility under sections	115772
5111.20 to 5111.33 of the Revised Code with the following	115773
adjustments:	115774

(1) The cost per case mix-unit calculated under section	115775
5111.231 of the Revised Code, the rate for ancillary and support	115776
costs calculated under section 5111.24 of the Revised Code, the	115777
rate for tax costs calculated under section 5111.242 of the	115778
Revised Code, and the rate for capital costs calculated under	115779
section 5111.25 of the Revised Code shall each be increased by	115780
five and eight hundredths per cent;	115781

(2) The mean payment used in the calculation of the quality	115782
incentive payment made under section 5111.244 of the Revised Code	115783
shall be, weighted by Medicaid days, fourteen dollars and	115784
forty-one cents per Medicaid day.	115785

(C) If the franchise permit fee must be reduced or eliminated	115786
to comply with federal law, the Department of Job and Family	115787
Services shall reduce the amount it pays providers of nursing	115788
facility services under this section as necessary to reflect the	115789
loss to the state of the revenue and federal financial	115790
participation generated from the franchise permit fee.	115791

(D) The Department of Job and Family Services shall follow	115792
this section in determining the rate to be paid to the provider of	115793
a nursing facility that has a valid Medicaid provider agreement on	115794
June 30, 2011, and a valid Medicaid provider agreement during	115795
fiscal year 2012 notwithstanding anything to the contrary in	115796
sections 5111.20 to 5111.33 of the Revised Code.	115797

Section 309.30.70. FISCAL YEAR 2013 MEDICAID REIMBURSEMENT	115798
SYSTEM FOR NURSING FACILITIES	115799

(A) As used in this section:

115800

"Franchise permit fee," "Medicaid days," "nursing facility,"	115801
and "provider" have the same meanings as in section 5111.20 of the	115802
Revised Code.	115803

"Nursing facility services" means nursing facility services	115804
covered by the Medicaid program that a nursing facility provides	115805
to a resident of the nursing facility who is a Medicaid recipient	115806
eligible for Medicaid-covered nursing facility services.	115807

(B) Except as otherwise provided by this section, the	115808
provider of a nursing facility that has a valid Medicaid provider	115809
agreement on June 30, 2012, and a valid Medicaid provider	115810
agreement during fiscal year 2013 shall be paid, for nursing	115811
facility services the nursing facility provides during fiscal year	115812
2013, the rate calculated for the nursing facility under sections	115813
5111.20 to 5111.33 of the Revised Code with the following	115814
adjustments:	115815

(1) The cost per case mix-unit calculated under section	115816
5111.231 of the Revised Code, the rate for ancillary and support	115817
costs calculated under section 5111.24 of the Revised Code, the	115818
rate for tax costs calculated under section 5111.242 of the	115819
Revised Code, and the rate for capital costs calculated under	115820
section 5111.25 of the Revised Code shall each be increased by	115821
five and eight hundredths per cent;	115822

(2) Unless, pursuant to division (D) of section 5111.244 of	115823
the Revised Code, no quality incentive payment is to be made for	115824
fiscal year 2013, the mean payment used in the calculation of the	115825
quality incentive payment made under section 5111.244 of the	115826
Revised Code shall be, weighted by Medicaid days, fourteen dollars	115827
and sixty-three cents per Medicaid day.	115828

(C) If the franchise permit fee must be reduced or eliminated	115829
to comply with federal law, the Department of Job and Family	115830
Services shall reduce the amount it pays providers of nursing	115831
facility services under this section as necessary to reflect the	115832
loss to the state of the revenue and federal financial	115833
participation generated from the franchise permit fee.	115834

(D) The Department of Job and Family Services shall follow	115835
this section in determining the rate to be paid to the provider of	115836
a nursing facility that has a valid Medicaid provider agreement on	115837
June 30, 2012, and a valid Medicaid provider agreement during	115838
fiscal year 2013 notwithstanding anything to the contrary in	115839
sections 5111.20 to 5111.33 of the Revised Code.	115840

Section 309.30.73. NURSING FACILITY CAPACITY COUNCIL

115841

(A) As used in this section, "nursing facility" has the same	115842
meaning as in section 5111.20 of the Revised Code.	115843

(B) There is hereby created the Nursing Facility Capacity	115844
Council. The Council shall consist of the following members, each	115845
of whom shall be appointed not later than sixty days after the	115846
effective date of this section:	115847

(1) One or more members of the Ohio Health Care Association,	115848
appointed by the executive director or chief administrative	115849
officer of the Association;	115850

(2) One or more members of the Ohio Academy of Nursing Homes,	115851
appointed by the executive director or chief administrative	115852
officer of the Academy;	115853

(3) One or more members of LeadingAge Ohio, appointed by the	115854
executive director or chief administrative officer of that	115855
organization;	115856

(4) One or more employees of the Department of Job and Family	115857
Services, appointed by the Director of Job and Family Services;	115858

(5) One or more employees of the Department of Aging,	115859
appointed by the Director of Aging;	115860

(6) One or more employees of the Department of Health,	115861
appointed by the Director of Health;	115862

(7) One or more employees of the Governor's Office of Health	115863
Transformation, appointed by the director of the Office.	115864

Each member of the Council shall serve at the pleasure of the	115865
member's appointing authority. A member shall serve without	115866
compensation, except to the extent that serving on the Council is	115867
considered part of the member's regular duties of employment.	115868

(C)(1) The Council shall examine the current and future	115869
capacity of nursing facilities in Ohio and the configuration of	115870
that capacity.	115871

(2) If excess capacity in nursing facilities is identified	115872
pursuant to the examination conducted under division (C)(1) of	115873
this section, the Council shall determine the potential effects of	115874
the excess capacity and recommend actions the state or private	115875
industry may take to address the excess capacity. For each action	115876
recommended, the Council shall consider and explain the impact of	115877
the action on all of the following:	115878

(a) The excess capacity;

115879

(b) The nursing facilities that would be affected by the	115880
action;	115881

115882

(D) Not later than June 30, 2012, submit a written report of	115883
its findings and recommendations to the Governor and, in	115884
accordance with section 101.68 of the Revised Code, the General	115885
Assembly. On submission of the report, the Council shall cease to	115886
exist.	115887

Section 309.30.80. STUDY OF ICF/MR ISSUES

115888

(A) As used in this section:

115889

"Home and community-based services" has the same meaning as	115890
in section 5123.01 of the Revised Code.	115891

"ICF/MR" means an intermediate care facility for the mentally	115892
retarded as defined in section 5111.20 of the Revised Code.	115893

"ICF/MR services" means services covered by the Medicaid	115894
program that an ICF/MR provides to a Medicaid recipient eligible	115895
for the services.	115896

(B) The Departments of Job and Family Services and	115897
Developmental Disabilities shall study issues regarding the	115898
administration of, and Medicaid reimbursement for, ICF/MR	115899
services. In conducting the study, the Departments shall examine	115900
the following:	115901

(1) Revising the Individual Assessment Form Answer Sheet in a	115902
manner that provides a more accurate assessment of the acuity and	115903
care needs of individuals who need ICF/MR services, especially the	115904
acuity and care needs of such individuals who have intensive	115905
behavioral or medical needs;	115906

(2) Revising the Medicaid reimbursement formula for ICF/MR	115907
services to accomplish the following:	115908

(a) Ensure that reimbursement for capital costs is adequate	115909
for maintaining the capital assets of ICFs/MR in a manner that	115910
promotes the well being of the residents;	115911

(b) Provide capital incentives for reducing the capacity of	115912
ICFs/MR as necessary to achieve goals regarding the optimal	115913
capacity of ICFs/MR;	115914

(c) Ensure that wages paid individuals who provide direct	115915
care services to ICF/MR residents are sufficient for ICFs/MR to	115916
meet staffing and quality requirements;	115917

(d) Provide incentives for high quality services;

115918

(e) Achieve other goals developed for the purpose of	115919
improving the appropriateness and sufficiency of Medicaid	115920
reimbursements for ICF/MR services.	115921

(3) Transferring the powers and duties regarding ICF/MR	115922
services from the Department of Job and Family Services to the	115923
Department of Developmental Disabilities.	115924

(C) The Departments shall examine the issue of revising the	115925
Individual Assessment Form Answer Sheet before examining the issue	115926
of revising the Medicaid reimbursement formula for ICF/MR	115927
services. Not later than October 1, 2011, the Departments shall	115928
prepare a report of the study conducted under this section and	115929
submit the report to the Governor and, in accordance with section	115930
101.68 of the Revised Code, the General Assembly.	115931

(D) At the same time that the Departments conduct the study	115932
under this section, they shall work with the Governor's Office of	115933
Health Transformation and persons interested in the issue of	115934
ICF/MR services to develop recommendations regarding the	115935
following:	115936

(1) Goals regarding the ratio of home and community-based	115937
services and ICF/MR services provided under the Medicaid program	115938
that take into account goals regarding the optimal capacity of	115939
ICFs/MR;	115940

(2) The roles and responsibilities of both of the following:

115941

(a) ICFs/MR owned and operated by the Department of	115942
Developmental Disabilities;	115943

(b) Providers of home and community-based services.

115944

(3) Simplifying and eliminating duplicate regulations	115945
regarding ICFs/MR in a manner that lowers the cost of ICF/MR	115946
services.	115947

(E) The powers and duties regarding ICF/MR services shall not	115948
be transferred from the Department of Job and Family Services to	115949
the Department of Developmental Disabilities unless a state law is	115950
enacted that expressly authorizes the transfer.	115951

Section 309.30.90. FISCAL YEAR 2012 MEDICAID REIMBURSEMENT	115952
SYSTEM FOR ICFs/MR	115953

(A) As used in this section:

115954

(1) "Change of operator," "entering operator," and "exiting	115955
operator" have the same meanings as in section 5111.65 of the	115956
Revised Code.	115957

(2) "Continuing ICF/MR" means an ICF/MR to which either of	115958
the following apply:	115959

(a) The provider has a valid Medicaid provider agreement for	115960
the ICF/MR on June 30, 2011, and a valid Medicaid provider	115961
agreement for the ICF/MR during fiscal year 2012.	115962

(b) The ICF/MR undergoes a change of operator that takes	115963
effect during fiscal year 2012, the exiting operator has a valid	115964
Medicaid provider agreement for the ICF/MR on June 30, 2011, and	115965
the entering operator has a valid Medicaid provider agreement for	115966
the ICF/MR for at least part of fiscal year 2012 after the change	115967
of operator takes effect.	115968

(3) "Franchise permit fee" and "provider" have the same	115969
meanings as in section 5111.20 of the Revised Code.	115970

(4) "ICF/MR" means an intermediate care facility for the	115971
mentally retarded as defined in section 5111.20 of the Revised	115972
Code.	115973

(5) "ICF/MR services" means services covered by the Medicaid	115974
program that an ICF/MR provides to a Medicaid recipient eligible	115975
for the services.	115976

(6) "Medicaid days" means all days during which a resident	115977
who is a Medicaid recipient occupies a bed in an ICF/MR that is	115978
included in the ICF/MR's Medicaid-certified capacity. Therapeutic	115979
or hospital leave days for which payment is made under section	115980
5111.33 of the Revised Code are considered Medicaid days	115981
proportionate to the percentage of the ICF/MR's per resident per	115982
day rate paid for those days.	115983

(7) "New ICF/MR" means an ICF/MR to which section 5111.255 of	115984
the Revised Code applies for fiscal year 2012.	115985

(8) "Per diem rate" means the per diem rate calculated	115986
pursuant to sections 5111.20 to 5111.33 of the Revised Code.	115987

(B) If the mean total per diem rate for all ICFs/MR in this	115988
state for fiscal year 2012, weighted by May 2011 Medicaid days and	115989
calculated as of July 1, 2011, exceeds $279.81, the Department of	115990
Job and Family Services shall reduce, for fiscal year 2012, the	115991
total per diem rate for each continuing ICF/MR by a percentage	115992
that is equal to the percentage by which the mean total per diem	115993
rate exceeds $279.81.	115994

(C) The provider of a new ICF/MR shall be paid, for ICF/MR	115995
services the ICF/MR provides during fiscal year 2012, the rate	115996
calculated for the ICF/MR under section 5111.255 of the Revised	115997
Code reduced by the same percentage that the rate for a continuing	115998
ICF/MR is reduced under division (B) of this section.	115999

(D) The rate of an ICF/MR set pursuant to this section shall	116000
not be subject to any adjustments authorized by sections 5111.20	116001
to 5111.33 of the Revised Code, or any rule authorized by those	116002
sections, during the remainder of fiscal year 2012.	116003

(E) If the franchise permit fee must be reduced or eliminated	116004
to comply with federal law, the Department of Job and Family	116005
Services shall reduce the amount it pays providers of ICF/MR	116006
services under this section as necessary to reflect the loss to	116007
the state of the revenue and federal financial participation	116008
generated from the franchise permit fee.	116009

(F) The Department of Job and Family Services shall follow	116010
this section in determining the rate to be paid to the provider of	116011
a continuing ICF/MR or new ICF/MR for ICF/MR services provided	116012
during fiscal year 2012 notwithstanding anything to the contrary	116013
in sections 5111.20 to 5111.33 of the Revised Code, except	116014
sections 5111.258 and 5111.291 of the Revised Code.	116015

Section 309.33.10. FISCAL YEAR 2013 MEDICAID REIMBURSEMENT	116016
SYSTEM FOR ICFs/MR	116017

(A) As used in this section:

116018

(1) "Change of operator," "entering operator," and "exiting	116019
operator" have the same meanings as in section 5111.65 of the	116020
Revised Code.	116021

(2) "Continuing ICF/MR" means an ICF/MR to which either of	116022
the following apply:	116023

(a) The provider has a valid Medicaid provider agreement for	116024
the ICF/MR on June 30, 2012, and a valid Medicaid provider	116025
agreement for the ICF/MR during fiscal year 2013.	116026

(b) The ICF/MR undergoes a change of operator that takes	116027
effect during fiscal year 2013, the exiting operator has a valid	116028
Medicaid provider agreement for the ICF/MR on June 30, 2012, and	116029
the entering operator has a valid Medicaid provider agreement for	116030
the ICF/MR for at least part of fiscal year 2013 after the change	116031
of operator takes effect.	116032

(3) "Franchise permit fee" and "provider" have the same	116033
meanings as in section 5111.20 of the Revised Code.	116034

(4) "ICF/MR" means an intermediate care facility for the	116035
mentally retarded as defined in section 5111.20 of the Revised	116036
Code.	116037

(5) "ICF/MR services" means services covered by the Medicaid	116038
program that an ICF/MR provides to a Medicaid recipient eligible	116039
for the services.	116040

(6) "Medicaid days" means all days during which a resident	116041
who is a Medicaid recipient occupies a bed in an ICF/MR that is	116042
included in the ICF/MR's Medicaid-certified capacity. Therapeutic	116043
or hospital leave days for which payment is made under section	116044
5111.33 of the Revised Code are considered Medicaid days	116045
proportionate to the percentage of the ICF/MR's per resident per	116046
day rate paid for those days.	116047

(7) "New ICF/MR" means an ICF/MR to which section 5111.255 of	116048
the Revised Code applies for fiscal year 2013.	116049

(8) "Per diem rate" means the per diem rate calculated	116050
pursuant to sections 5111.20 to 5111.33 of the Revised Code.	116051

(B) If the mean total per diem rate for all ICFs/MR in this	116052
state for fiscal year 2013, weighted by May 2012 Medicaid days and	116053
calculated as of July 1, 2012, exceeds $280.14, the Department of	116054
Job and Family Services shall reduce, for fiscal year 2013, the	116055
total per diem rate for each continuing ICF/MR by a percentage	116056
that is equal to the percentage by which the mean total per diem	116057
rate exceeds $280.14.	116058

(C) The provider of a new ICF/MR shall be paid, for ICF/MR	116059
services the ICF/MR provides during fiscal year 2013, the rate	116060
calculated for the ICF/MR under section 5111.255 of the Revised	116061
Code reduced by the same percentage that the rate for a continuing	116062
ICF/MR is reduced under division (B) of this section.	116063

(D) The rate of an ICF/MR set pursuant to this section shall	116064
not be subject to any adjustments authorized by sections 5111.20	116065
to 5111.33 of the Revised Code, or any rule authorized by those	116066
sections, during the remainder of fiscal year 2013.	116067

(E) If the franchise permit fee must be reduced or eliminated	116068
to comply with federal law, the Department of Job and Family	116069
Services shall reduce the amount it pays providers of ICF/MR	116070
services under this section as necessary to reflect the loss to	116071
the state of the revenue and federal financial participation	116072
generated from the franchise permit fee.	116073

(F) The Department of Job and Family Services shall follow	116074
this section in determining the rate to be paid to the provider of	116075
a continuing ICF/MR or new ICF/MR for ICF/MR services provided	116076
during fiscal year 2013 notwithstanding anything to the contrary	116077
in sections 5111.20 to 5111.33 of the Revised Code, except	116078
sections 5111.258 and 5111.291 of the Revised Code.	116079

Section 309.33.20. WAIVER SERVICES TRANSFERRED TO DEPARTMENT	116080
OF DEVELOPMENTAL DISABILITIES	116081

The Director of Budget and Management shall establish line	116082
items for use by the Department of Developmental Disabilities for	116083
purposes regarding the Department's assumption of powers and	116084
duties under section 5111.871 of the Revised Code regarding the	116085
Medicaid waiver component known as the Transitions Developmental	116086
Disabilities Waiver. The Department of Developmental Disabilities	116087
shall certify to the Director of Budget and Management and the	116088
Director of Job and Family Services the appropriation amounts, in	116089
fiscal year 2012 and fiscal year 2013, necessary for the	116090
Department of Developmental Disabilities to fulfill its	116091
obligations regarding the new powers and duties without	116092
duplicating administration or services that remain with the	116093
Department of Job and Family Services. The Department of Job and	116094
Family Services shall certify to the Director of Budget and	116095
Management that there is an equal reduction in the Department of	116096
Job and Family Services' administration and services as is being	116097
certified by the Department of Developmental Disabilities.	116098

Once all certifications required under this section have been	116099
submitted and approved by the Director of Budget and Management,	116100
the appropriation items established under this section are hereby	116101
appropriated in the amounts approved by the Director of Budget and	116102
Management. The appropriations to the Department of Developmental	116103
Disabilities in each fiscal year shall not exceed the aggregate	116104
amount of expenditures that the Department of Job and Family	116105
Services made in fiscal year 2011 for services provided under the	116106
Transitions Developmental Disabilities Waiver and related	116107
administrative costs. Appropriation item 600525, Health	116108
Care/Medicaid, is hereby reduced by the corresponding state and	116109
federal share of the amounts appropriated under this section to	116110
the Department of Developmental Disabilities in each fiscal year.	116111

Section 309.33.30. ADMINISTRATIVE ISSUES RELATED TO	116112
TERMINATION OF MEDICAID WAIVER PROGRAMS	116113

(A) As used in this section, "ODJFS or ODA Medicaid waiver	116114
component" means the following:	116115

(1) The Medicaid waiver component of the PASSPORT program	116116
created under section 173.40 of the Revised Code;	116117

(2) The Choices program created under section 173.403 of the	116118
Revised Code;	116119

(3) The Ohio Home Care program created under section 5111.861	116120
of the Revised Code;	116121

(4) The Ohio Transitions II Aging Carve-Out program created	116122
under section 5111.862 of the Revised Code;	116123

(5) The Medicaid waiver component of the Assisted Living	116124
program created under section 5111.89 of the Revised Code.	116125

(B) If an ODJFS or ODA Medicaid waiver component is	116126
terminated under section 173.40, 173.403, 5111.861, 5111.862, or	116127
5111.89 of the Revised Code, all of the following apply:	116128

(1) All applicable statutes, and all applicable rules,	116129
standards, guidelines, or orders issued by the Director or	116130
Department of Job and Family Services or Director or Department of	116131
Aging before the component is terminated, shall remain in full	116132
force and effect on and after that date, but solely for purposes	116133
of concluding the component's operations, including fulfilling the	116134
Departments' legal obligations for claims arising from the	116135
component relating to eligibility determinations, covered medical	116136
assistance provided to eligible persons, and recovering erroneous	116137
overpayments.	116138

(2) Notwithstanding the termination of the component, the	116139
right of subrogation for the cost of medical assistance given	116140
under section 5101.58 of the Revised Code to the Department of Job	116141
and Family Services and an assignment of the right to medical	116142
assistance given under section 5101.59 of the Revised Code to the	116143
Department continue to apply with respect to the component and	116144
remain in force to the full extent provided under those sections.	116145

(3) The Departments of Job and Family Services and Aging may	116146
use appropriated funds to satisfy any claims or contingent claims	116147
for medical assistance provided under the component before the	116148
component's termination.	116149

(4) Neither department has liability under the component to	116150
reimburse any provider or other person for claims for medical	116151
assistance rendered under the component after it is terminated.	116152

(C) The Directors of Job and Family Services and Aging may	116153
adopt rules in accordance with Chapter 119. of the Revised Code to	116154
implement this section.	116155

Section 309.33.40. MEDICAID QUALITY IMPROVEMENT INITIATIVES	116156
FOR CHILDREN	116157

Building on the quality improvement work of the Best Evidence	116158
for Advancing Child Health in Ohio Now (BEACON) Council, the	116159
Departments of Health, Mental Health, and Job and Family Services,	116160
in conjunction with the Governor's Office of Health	116161
Transformation, may seek assistance from, and work with, hospitals	116162
and other provider groups to identify specific targets and	116163
initiatives to reduce the cost, and improve the quality, of	116164
medical assistance provided under the Medicaid program to	116165
children. At a minimum, the targets and initiatives shall focus on	116166
reducing all of the following:	116167

(A) Avoidable hospitalizations;

116168

(B) Inappropriate emergency room utilization;

116169

116170

(D) The state's rate of premature births;

116171

(E) The state's rate of elective, preterm births.

116172

If the Departments of Health, Mental Health, and Job and	116173
Family Services identify initiatives under this section, they	116174
shall make the initiatives available on their internet web sites.	116175
The Departments shall also make a list of hospitals and other	116176
provider groups involved in the initiatives available on their	116177
internet web sites.	116178

Section 309.33.50. EXPANSION AND EVALUATION OF PACE PROGRAM

116179

(A) In order to effectively administer and manage growth	116180
within the PACE Program, the Director of Aging, in consultation	116181
with the Director of Job and Family Services, may expand the PACE	116182
Program to regions of the state beyond those currently served by	116183
the PACE Program if both of the following apply:	116184

(1) Funding is available for the expansion.

116185

(2) The Directors of Aging and Job and Family Services	116186
mutually determine, taking into consideration the results of the	116187
evaluation conducted under division (B) of this section, that the	116188
PACE Program is a cost effective alternative to nursing home care.	116189

(B) The Director of Aging shall contract with Miami	116190
University's Scripps Gerontology Center for an evaluation of the	116191
PACE program. The contract shall require the Center, in conducting	116192
the evaluation, to collaborate with the Director and PACE	116193
providers and to take into account the PACE Program's unique	116194
features.	116195

(C) The Directors of Aging and Job and Family Services shall	116196
use their best efforts to achieve an arrangement with the United	116197
States Centers for Medicare and Medicaid Services (CMS) under	116198
which CMS agrees to share with the state any savings to the	116199
Medicare program resulting from an expansion of the PACE Program.	116200

(D) If the PACE Program is expanded, the Director of Aging	116201
may not decrease the number of individuals in Cuyahoga and	116202
Hamilton counties and parts of Butler, Clermont, and Warren	116203
counties who are participants in the PACE Program below the number	116204
of individuals in those counties and parts of counties who were	116205
participants in the PACE Program on July 1, 2011.	116206

Section 309.33.60. REPEAL OF THE CHILDREN'S BUY-IN PROGRAM

116207

(A) Notwithstanding sections 5101.5211 to 5101.5216 of the	116208
Revised Code and all references in the Revised Code to those	116209
sections or the Children's Buy-In Program, no person may enroll in	116210
the Program on or after the effective date of this section.	116211

Notwithstanding this act's repeal on October 1, 2011, of the	116212
statutes under which the Program is operated, persons enrolled in	116213
the Program immediately prior to that date may continue to receive	116214
services under the Program, as if those statutes were not	116215
repealed. Such persons may receive the services through December	116216
31, 2011, as long as they remain eligible for the Program.	116217

(B) Commencing on the effective date of this section, the	116218
Director of Job and Family Services shall take steps as necessary	116219
to transition persons enrolled in the Program to other health	116220
coverage options and otherwise conclude Program operations.	116221

All Program-related rules, standards, guidelines, or orders	116222
issued by the Director or Department of Job and Family Services	116223
prior to October 1, 2011, shall remain in full force and effect on	116224
and after that date, but solely for purposes of concluding the	116225
Program's operations. Such purposes include permitting eligible	116226
persons to receive services under the Program through December 31,	116227
2011, as authorized by this section, and fulfilling the	116228
Department's legal obligations for claims arising from the Program	116229
relating to eligibility determinations, covered medical services	116230
rendered to eligible persons, and recovering erroneous	116231
overpayments.	116232

(C) Notwithstanding this act's repeal of the statutes	116233
authorizing the Program, the right of subrogation for the cost of	116234
medical services and care given under section 5101.58 of the	116235
Revised Code to the Department and an assignment of the right to	116236
medical support given under section 5101.59 of the Revised Code to	116237
the Department continue to apply with respect to the Program and	116238
remain in force to the full extent provided under those sections.	116239

(D) The Department may use appropriated funds to satisfy any	116240
claims or contingent claims for services rendered to Program	116241
participants prior to October 1, 2011, and to eligible persons who	116242
receive services under the Program through December 31, 2011, as	116243
authorized by this section. The Department has no liability under	116244
the Program to reimburse any provider or other person for claims	116245
for services rendered on or after January 1, 2012.	116246

(E) The Department may adopt rules in accordance with section	116247
111.15 of the Revised Code to implement this section.	116248

Section 309.33.70. CONTINUATION OF DISPENSING FEE FOR	116249
NONCOMPOUNDED DRUGS	116250

The Medicaid dispensing fee for each noncompounded drug	116251
covered by the Medicaid program shall be $1.80 for the period	116252
beginning July 1, 2011, and ending on the effective date of a	116253
rule, or an amendment to a rule, changing the amount of the fee	116254
that the Director of Job and Family Services adopts or amends	116255
under section 5111.02 of the Revised Code.	116256

Section 309.33.80. MONEY FOLLOWS THE PERSON ENHANCED	116257
REIMBURSEMENT FUND	116258

The Money Follows the Person Enhanced Reimbursement Fund,	116259
created by Section 751.20 of Am. Sub. H.B. 562 of the 127th	116260
General Assembly, shall continue to exist in the state treasury	116261
for fiscal year 2012 and fiscal year 2013. The federal payments	116262
made to the state under subsection (e) of section 6071 of the	116263
"Deficit Reduction Act of 2005," Pub. L. No. 109-171, as amended,	116264
shall be deposited into the fund. The Department of Job and Family	116265
Services shall continue to use money deposited into the fund for	116266
system reform activities related to the Money Follows the Person	116267
demonstration project.	116268

Section 309.33.90. MEDICARE PART D

116269

The foregoing appropriation item 600526, Medicare Part D, may	116270
be used by the Department of Job and Family Services for the	116271
implementation and operation of the Medicare Part D requirements	116272
contained in the "Medicare Prescription Drug, Improvement, and	116273
Modernization Act of 2003," Pub. L. No. 108-173, as amended. Upon	116274
the request of the Department of Job and Family Services, the	116275
Director of Budget and Management may transfer the state share of	116276
appropriations between appropriation item 600525, Health	116277
Care/Medicaid, or appropriation item 600526, Medicare Part D. If	116278
the state share of appropriation item 600525, Health	116279
Care/Medicaid, is adjusted, the Director of Budget and Management	116280
shall adjust the federal share accordingly. The Department of Job	116281
and Family Services shall provide notification to the Controlling	116282
Board of any transfers at the next scheduled Controlling Board	116283
meeting.	116284

Section 309.35.10. REBALANCING LONG-TERM CARE

116285

(A) As used in this section:

116286

"Balancing Incentive Payments Program" means the program	116287
established under section 10202 of the Patient Protection and	116288
Affordable Care Act.	116289

"Long-term services and supports" has the same meaning as in	116290
section 10202(f)(1) of the Patient Protection and Affordable Care	116291
Act.	116292

"Non-institutionally-based long-term services and supports"	116293
has the same meaning as in section 10202(f)(1)(B) of the Patient	116294
Protection and Affordable Care Act.	116295

"Patient Protection and Affordable Care Act" means Public Law	116296
111-148.	116297

(B) The Departments of Job and Family Services, Aging, and	116298
Developmental Disabilities shall continue efforts to achieve a	116299
sustainable and balanced delivery system for long-term services	116300
and supports. In so doing, the Departments shall strive to realize	116301
the following goals by June 30, 2013:	116302

(1) Having at least fifty per cent of Medicaid recipients who	116303
are sixty years of age or older and need long-term services and	116304
supports utilize non-institutionally-based long-term services and	116305
supports;	116306

(2) Having at least sixty per cent of Medicaid recipients who	116307
are less than sixty years of age and have cognitive or physical	116308
disabilities for which long-term services and supports are needed	116309
utilize non-institutionally-based long-term services and supports.	116310

(C) If the Department of Job and Family Services determines	116311
that participating in the Balancing Incentive Payments Program	116312
will assist in achieving the goals specified in division (B) of	116313
this section, the Department may apply to the United States	116314
Secretary of Health and Human Services to participate in the	116315
program. Any funds the state receives as the result of the	116316
enhanced federal financial participation provided to states	116317
participating in the Balancing Incentive Payments Program shall be	116318
deposited into the Balancing Incentive Payments Program Fund,	116319
which is hereby created in the state treasury. The Department of	116320
Job and Family Services shall use the money in the fund in	116321
accordance with section 10202(c)(4) of the Patient Protection and	116322
Affordable Care Act.	116323

Section 309.35.20. BALANCING INCENTIVE PAYMENTS PROGRAM FUND

116324

The Director of Job and Family Services may seek Controlling	116325
Board approval to make expenditures from the Balancing Incentive	116326
Payments Program Fund.	116327

Section 309.35.30. DUAL ELIGIBLE INTEGRATED CARE	116328
DEMONSTRATION PROJECT	116329

The Director of Job and Family Services may seek Controlling	116330
Board approval to make expenditures from the Integrated Care	116331
Delivery Systems Fund.	116332

Section 309.35.40. OHIO ACCESS SUCCESS PROJECT AND	116333
IDENTIFICATION OF OVERPAYMENTS	116334

(A) Notwithstanding any limitations in sections 3721.51 and	116335
3721.56 of the Revised Code, in each fiscal year, cash from the	116336
Nursing Home Franchise Permit Fee Fund (Fund 5R20) may be used by	116337
the Department of Job and Family Services for the following	116338
purposes:	116339

(1) Up to $3,000,000 in each fiscal year to fund the state	116340
share of audits or limited reviews of Medicaid providers;	116341

(2) Up to $450,000 in each fiscal year to provide one-time	116342
transitional benefits under the Ohio Access Success Project that	116343
the Director of Job and Family Services may establish under	116344
section 5111.97 of the Revised Code.	116345

(B) On July 1, 2011, or as soon as possible thereafter, the	116346
Director of Budget and Management shall transfer the cash balance	116347
in the Home and Community-Based Services for the Aged Fund (Fund	116348
4J50) to the Nursing Home Franchise Permit Fee Fund (Fund 5R20).	116349
The transferred cash is hereby appropriated. Upon completion of	116350
the transfer, Fund 4J50 is abolished. The Director shall cancel	116351
any existing encumbrances against appropriation item 600613,	116352
Nursing Facility Bed Assessments, and appropriation item 600618,	116353
Residential State Supplement Payments, and reestablish them	116354
against appropriation item 600608, Medicaid - Nursing Facilities.	116355

Section 309.35.50. PROVIDER FRANCHISE FEE OFFSETS

116356

(A) At least quarterly, the Director of Job and Family	116357
Services shall certify to the Director of Budget and Management	116358
both of the following:	116359

(1) The amount of offsets withheld under section 3721.541 of	116360
the Revised Code from payments made from the General Revenue Fund.	116361

(2) The amount of offsets withheld under section 5112.341 of	116362
the Revised Code from payments made from the General Revenue Fund.	116363

(B) The Director of Budget and Management may transfer cash	116364
from the General Revenue Fund to all of the following:	116365

(1) The Nursing Home Franchise Permit Fee Fund (Fund 5R20),	116366
in accordance with section 3721.56 of the Revised Code;	116367

(2) The ICF/MR Bed Assessments Fund (Fund 4K10).

116368

(C) Amounts transferred pursuant to this section are hereby	116369
appropriated.	116370

Section 309.35.60. TRANSFER OF FUNDS TO THE DEPARTMENT OF	116371
DEVELOPMENTAL DISABILITIES	116372

The Department of Job and Family Services may transfer cash	116373
in each fiscal year from the ICF/MR Bed Assessments Fund (Fund	116374
4K10) to the Home and Community-Based Services Fund (Fund 4K80),	116375
used by the Department of Developmental Disabilities. The amount	116376
to be transferred shall be agreed to by both departments. The	116377
transfer may occur on a quarterly basis or on a schedule developed	116378
and agreed to by both departments. The transfer may be made using	116379
an intrastate transfer voucher.	116380

Section 309.35.70. HOSPITAL CARE ASSURANCE MATCH

116381

The foregoing appropriation item 600650, Hospital Care	116382
Assurance Match, shall be used by the Department of Job and Family	116383
Services solely for distributing funds to hospitals under section	116384
5112.08 of the Revised Code.	116385

Section 309.35.80. HEALTH CARE SERVICES ADMINISTRATION FUND

116386

Of the amount received by the Department of Job and Family	116387
Services during fiscal year 2012 and fiscal year 2013 from the	116388
first installment of assessments paid under section 5112.06 of the	116389
Revised Code and intergovernmental transfers made under section	116390
5112.07 of the Revised Code, the Director of Job and Family	116391
Services shall deposit $350,000 in each fiscal year into the state	116392
treasury to the credit of the Health Care Services Administration	116393
Fund (Fund 5U30).	116394

Section 309.35.90. TRANSFERS OF OFFSETS TO THE HEALTH CARE	116395
SERVICES ADMINISTRATION FUND	116396

(A) As used in this section:

116397

"Hospital offset" means an offset from a hospital's Medicaid	116398
payment authorized by section 5112.991 of the Revised Code.	116399

"Vendor offset" means a reduction of a Medicaid payment to a	116400
Medicaid provider to correct a previous, incorrect Medicaid	116401
payment.	116402

(B) At least quarterly during fiscal year 2012 and fiscal	116403
year 2013, the Director of Job and Family Services shall certify	116404
to the Director of Budget and Management the amount of hospital	116405
offsets and vendor offsets for the period covered by the	116406
certification and the particular funds that would have been used	116407
to make the extra payments to providers if not for the offsets.	116408
The certification shall specify how much extra would have been	116409
taken from each of the funds if not for the hospital offsets and	116410
vendor offsets.	116411

(C) On receipt of a certification under division (B) of this	116412
section, the Director of Budget and Management shall transfer cash	116413
from the funds identified in the certification to the Health Care	116414
Services Administration Fund (Fund 5U30). The amount transferred	116415
from a fund shall equal the amount that would have been taken from	116416
the fund if not for the hospital offsets and vendor offsets as	116417
specified in the certification. The transferred cash is hereby	116418
appropriated.	116419

Section 309.37.10. PROVIDER APPLICATION FEES

116420

If receipts credited to the Health Care Services	116421
Administration Fund (Fund 5U30) exceed the amounts appropriated	116422
from the fund, the Director of Job and Family Services may seek	116423
Controlling Board approval to increase the appropriations in	116424
appropriation item 600654, Health Care Services Administration.	116425

Section 309.37.20. INTERAGENCY REIMBURSEMENT

116426

The Director of Job and Family Services may request the	116427
Director of Budget and Management to increase appropriation item	116428
600655, Interagency Reimbursement. Upon the approval of the	116429
Director of Budget and Management, the additional amounts are	116430
hereby appropriated.	116431

Section 309.37.30. MEDICAID PROGRAM SUPPORT FUND - STATE

116432

The foregoing appropriation item 600671, Medicaid Program	116433
Support, shall be used by the Department of Job and Family	116434
Services to pay for Medicaid services and contracts. The	116435
Department may also deposit to the Medicaid Program Support Fund	116436
(Fund 5C90) revenues received from other state agencies for	116437
Medicaid services under the terms of interagency agreements	116438
between the Department and other state agencies.	116439

Section 309.37.40. TRANSFERS OF IMD/DSH CASH TO THE	116440
DEPARTMENT OF MENTAL HEALTH	116441

The Department of Job and Family Services shall transfer cash	116442
from the Medicaid Program Support Fund (Fund 5C90), to the	116443
Behavioral Health Medicaid Services Fund (Fund 4X50), used by the	116444
Department of Mental Health, in accordance with an interagency	116445
agreement that delegates authority from the Department of Job and	116446
Family Services to the Department of Mental Health to administer	116447
specified Medicaid services. The transfer shall be made using an	116448
intrastate transfer voucher.	116449

Section 309.37.50. PRESCRIPTION DRUG COVERAGE UNDER MEDICAID	116450
MANAGED CARE	116451

(A) Not later than October 1, 2011, the Department of Job and	116452
Family Services shall enter into new contracts or amend existing	116453
contracts with health insuring corporations, pursuant to section	116454
5111.17 of the Revised Code, as the Department considers necessary	116455
to require, in accordance with section 5111.172 of the Revised	116456
Code, as amended by this act, that each health insuring	116457
corporation participating in the Medicaid care management system	116458
include coverage of prescription drugs for the Medicaid recipients	116459
who are enrolled in the health insuring corporation.	116460

(B) For a period of one hundred twenty days immediately	116461
following the effective date of the inclusion of prescription drug	116462
coverage under a new or amended contract with a health insuring	116463
corporation pursuant to division (A) of this section, both of the	116464
following apply:	116465

(1) If, immediately prior to the effective date of the	116466
coverage, a Medicaid recipient enrolled in the health insuring	116467
corporation was being treated with an antidepressant or	116468
antipsychotic described in division (B)(2) of section 5111.172 of	116469
the Revised Code, as amended by this act, the health insuring	116470
corporation shall provide coverage of the drug without imposing a	116471
prior authorization requirement.	116472

(2) Notwithstanding division (B)(3) of section 5111.172 of	116473
the Revised Code, as amended by this act, the health insuring	116474
corporation shall permit the health professional who was	116475
prescribing the drug to continue prescribing the drug for the	116476
Medicaid recipient, regardless of whether the prescriber is a	116477
psychiatrist as described in that division.	116478

Section 309.40. FAMILY STABILITY

116479

Section 309.40.10. FOOD STAMPS TRANSFER

116480

On July 1, 2011, or as soon as possible thereafter, the	116481
Director of Budget and Management may transfer up to $1,000,000	116482
cash from the Food Stamp Program Fund (Fund 3840), to the Food	116483
Assistance Fund (Fund 5ES0).	116484

Section 309.40.20. NAME OF FOOD STAMP PROGRAM

116485

The Director of Job and Family Services is not required to	116486
amend rules regarding the Food Stamp Program to change the name of	116487
the program to the Supplemental Nutrition Assistance Program. The	116488
Director may refer to the program as the Food Stamp Program or the	116489
Food Assistance Program in rules and documents of the Department	116490
of Job and Family Services.	116491

Section 309.40.30. OHIO ASSOCIATION OF SECOND HARVEST FOOD	116492
BANKS	116493

The foregoing appropriation item 600540, Second Harvest Food	116494
Banks, shall be used to provide funds to the Ohio Association of	116495
Second Harvest Food Banks to purchase and distribute food	116496
products.	116497

Notwithstanding section 5101.46 of the Revised Code and any	116498
other provision in this bill, in addition to funds designated for	116499
the Ohio Association of Second Harvest Food Banks in this section,	116500
in fiscal year 2012 and fiscal year 2013, the Director of Job and	116501
Family Services shall provide assistance from eligible funds to	116502
the Ohio Association of Second Harvest Food Banks in an amount up	116503
to or equal to the assistance provided in state fiscal year 2011	116504
from all funds used by the Department, except the General Revenue	116505
Fund.	116506

Eligible nonfederal expenditures made by member food banks of	116507
the Association shall be counted by the Department of Job and	116508
Family Services toward the TANF maintenance of effort requirements	116509
of 42 U.S.C. 609(a)(7). The Director of Job and Family Services	116510
shall enter into an agreement with the Ohio Association of Second	116511
Harvest Food Banks, in accordance with sections 5101.80 and	116512
5101.801 of the Revised Code, to carry out the requirements under	116513
this section.	116514

Section 309.40.40. CHILD SUPPORT COLLECTIONS/TANF MOE

116515

The foregoing appropriation item 600658, Child Support	116516
Collections, shall be used by the Department of Job and Family	116517
Services to meet the TANF maintenance of effort requirements of 42	116518
U.S.C. 609(a)(7). When the state is assured that it will meet the	116519
maintenance of effort requirement, the Department of Job and	116520
Family Services may use funds from appropriation item 600658,	116521
Child Support Collections, to support public assistance	116522
activities.	116523

Section 309.50. CHILD WELFARE

116524

Section 309.50.10. DIFFERENTIAL RESPONSE

116525

In accordance with an independent evaluation of the Ohio	116526
Alternative Response Pilot Program that recommended statewide	116527
implementation, the Department of Job and Family Services shall	116528
plan the statewide expansion of the Ohio Alternative Response	116529
Pilot Program on a county by county basis, through a schedule	116530
determined by the Department. The program shall be known as the	116531
"differential response" approach as defined in section 2151.011 of	116532
the Revised Code. Notwithstanding provisions of Chapter 2151. of	116533
the Revised Code that refer to "differential response,"	116534
"traditional response," and "alternative response," those	116535
provisions shall become effective on the scheduled date of	116536
expansion of the differential response approach to that county.	116537
Prior to statewide implementation, the Department may adopt rules	116538
in accordance with Chapter 119. of the Revised Code as necessary	116539
to carry out the purposes of this section.	116540

Section 309.50.20. FLEXIBLE FUNDING FOR FAMILIES AND CHILDREN

116541

In collaboration with the county family and children first	116542
council, a county department of job and family services or public	116543
children services agency that receives an allocation from the	116544
Department of Job and Family Services from the foregoing	116545
appropriation item 600523, Children and Families Services, or	116546
600533, Child, Family, and Adult Community & Protective Services,	116547
may transfer a portion of either or both allocations to a flexible	116548
funding pool as authorized by the section titled FAMILY AND	116549
CHILDREN FIRST FLEXIBLE FUNDING POOL.	116550

Section 309.50.30. CHILD, FAMILY, AND ADULT COMMUNITY AND	116551
PROTECTIVE SERVICES	116552

(A) The foregoing appropriation item 600533, Child, Family,	116553
and Adult Community & Protective Services, shall be distributed to	116554
each county department of job and family services using the	116555
formula the Department of Job and Family Services uses when	116556
distributing Title XX funds to county departments of job and	116557
family services under section 5101.46 of the Revised Code. County	116558
departments shall use the funds distributed to them under this	116559
section as follows, in accordance with the written plan of	116560
cooperation entered into under section 307.983 of the Revised	116561
Code:	116562

(1) To assist individuals achieve or maintain	116563
self-sufficiency, including by reducing or preventing dependency	116564
among individuals with family income not exceeding two hundred per	116565
cent of the federal poverty guidelines;	116566

(2) Subject to division (B) of this section, to respond to	116567
reports of abuse, neglect, or exploitation of children and adults,	116568
including through the differential response approach program	116569
developed under Section 309.50.10 of this act;	116570

(3) To provide outreach and referral services regarding home	116571
and community-based services to individuals at risk of placement	116572
in a group home or institution, regardless of the individuals'	116573
family income and without need for a written application;	116574

(4) To provide outreach, referral, application assistance,	116575
and other services to assist individuals receive assistance,	116576
benefits, or services under Medicaid; Title IV-A programs, as	116577
defined in section 5101.80 of the Revised Code; the Supplemental	116578
Nutrition Assistance Program; and other public assistance	116579
programs.	116580

(B) Protective services may be provided to a child or adult	116581
as part of a response, under division (A)(2) of this section, to a	116582
report of abuse, neglect, or exploitation without regard to a	116583
child or adult's family income and without need for a written	116584
application. The protective services may be provided if the case	116585
record documents circumstances of actual or potential abuse,	116586
neglect, or exploitation.	116587

Section 309.50.40. ADOPTION ASSISTANCE LOAN

116588

Of the foregoing appropriation item 600634, Adoption	116589
Assistance Loan, the Department of Job and Family Services may use	116590
up to ten per cent for administration of adoption assistance loans	116591
pursuant to section 3107.018 of the Revised Code.	116592

Section 309.60. UNEMPLOYMENT COMPENSATION

116593

Section 309.60.10. FEDERAL UNEMPLOYMENT PROGRAMS

116594

All unexpended funds remaining at the end of fiscal year 2011	116595
that were appropriated and made available to the state under	116596
section 903(d) of the Social Security Act, as amended, in the	116597
foregoing appropriation item 600678, Federal Unemployment Programs	116598
(Fund 3V40), are hereby appropriated to the Department of Job and	116599
Family Services. Upon the request of the Director of Job and	116600
Family Services, the Director of Budget and Management may	116601
increase the appropriation for fiscal year 2012 by the amount	116602
remaining unspent from the fiscal year 2011 appropriation and may	116603
increase the appropriation for fiscal year 2013 by the amount	116604
remaining unspent from the fiscal year 2012 appropriation. The	116605
appropriation shall be used under the direction of the Department	116606
of Job and Family Services to pay for administrative activities	116607
for the Unemployment Insurance Program, employment services, and	116608
other allowable expenditures under section 903(d) of the Social	116609
Security Act, as amended.	116610

The amounts obligated pursuant to this section shall not	116611
exceed at any time the amount by which the aggregate of the	116612
amounts transferred to the account of the state under section	116613
903(d) of the Social Security Act, as amended, exceeds the	116614
aggregate of the amounts obligated for administration and paid out	116615
for benefits and required by law to be charged against the amounts	116616
transferred to the account of the state.	116617

Section 311.10. JCR JOINT COMMITTEE ON AGENCY RULE REVIEW

116618

General Revenue Fund	116619

GRF	029321	Operating Expenses	$	435,168	$	435,168	116620
TOTAL GRF General Revenue Fund			$	435,168	$	435,168	116621
TOTAL ALL BUDGET FUND GROUPS			$	435,168	$	435,168	116622

OPERATING GUIDANCE

116623

The Chief Administrative Officer of the House of	116624
Representatives and the Clerk of the Senate shall determine, by	116625
mutual agreement, which of them shall act as fiscal agent for the	116626
Joint Committee on Agency Rule Review. Members of the Committee	116627
shall be paid in accordance with section 101.35 of the Revised	116628
Code.	116629

OPERATING EXPENSES

116630

On July 1, 2011, or as soon as possible thereafter, the	116631
Executive Director of the Joint Committee on Agency Rule Review	116632
may certify to the Director of Budget and Management the amount of	116633
the unexpended, unencumbered balance of the foregoing	116634
appropriation item 029321, Operating Expenses, at the end of	116635
fiscal year 2011 to be reappropriated to fiscal year 2012. The	116636
amount certified is hereby reappropriated to the same	116637
appropriation item for fiscal year 2012.	116638

On July 1, 2012, or as soon as possible thereafter, the	116639
Executive Director of the Joint Committee on Agency Rule Review	116640
may certify to the Director of Budget and Management the amount of	116641
the unexpended, unencumbered balance of the foregoing	116642
appropriation item 029321, Operating Expenses, at the end of	116643
fiscal year 2012 to be reappropriated to fiscal year 2013. The	116644
amount certified is hereby reappropriated to the same	116645
appropriation item for fiscal year 2013.	116646

Section 313.10. JCO JUDICIAL CONFERENCE OF OHIO

116647

General Revenue Fund	116648

GRF	018321		Operating Expenses		$	720,000		$	720,000		116649
TOTAL GRF General Revenue Fund					$	720,000		$	720,000		116650

General Services Fund Group	116651

4030	018601	Ohio Jury Instructions	$	350,000	$	350,000	116652
TOTAL GSF General Services Fund Group			$	350,000	$	350,000	116653
TOTAL ALL BUDGET FUND GROUPS			$	1,070,000	$	1,070,000	116654

OHIO JURY INSTRUCTIONS FUND

116655

The Ohio Jury Instructions Fund (Fund 4030) shall consist of	116656
grants, royalties, dues, conference fees, bequests, devises, and	116657
other gifts received for the purpose of supporting costs incurred	116658
by the Judicial Conference of Ohio in its activities as a part of	116659
the judicial system of the state as determined by the Judicial	116660
Conference Executive Committee. Fund 4030 shall be used by the	116661
Judicial Conference of Ohio to pay expenses incurred in its	116662
activities as a part of the judicial system of the state as	116663
determined by the Judicial Conference Executive Committee. All	116664
moneys accruing to Fund 4030 in excess of $350,000 in fiscal year	116665
2012 and in excess of $350,000 in fiscal year 2013 are hereby	116666
appropriated for the purposes authorized.	116667

No money in Fund 4030 shall be transferred to any other fund	116668
by the Director of Budget and Management or the Controlling Board.	116669

Section 315.10. JSC THE JUDICIARY/SUPREME COURT

116670

General Revenue Fund	116671

GRF	005321	Operating Expenses - Judiciary/Supreme Court	$	133,497,850	$	132,358,640	116672
GRF	005401	State Criminal Sentencing Council	$	206,770	$	206,770	116673
GRF	005406	Law Related Education	$	236,172	$	236,172	116674
GRF	005409	Ohio Courts Technology Initiative	$	2,150,000	$	2,150,000	116675
TOTAL GRF General Revenue Fund			$	136,090,792	$	134,951,582	116676

General Services Fund Group	116677

6720	005601		Continuing Judicial Education		$	172,142		$	169,420		116678
TOTAL GSF General Services Fund Group					$	172,142		$	169,420		116679

Federal Special Revenue Fund Group	116680

3J00	005603		Federal Grants		$	1,653,317		$	1,605,717		116681
TOTAL FED Federal Special Revenue Fund Group					$	1,653,317		$	1,605,717		116682

State Special Revenue Fund Group	116683

4C80	005605	Attorney Services	$	3,718,328	$	3,695,192	116684
5HT0	005617	Court Interpreter Certification	$	39,000	$	39,000	116685
5T80	005609	Grants and Awards	$	50,000	$	50,000	116686
6A80	005606	Supreme Court Admissions	$	1,223,340	$	1,205,056	116687
TOTAL SSR State Special Revenue Fund Group			$	5,030,668	$	4,989,248	116688
TOTAL ALL BUDGET FUND GROUPS			$	142,946,919	$	141,715,967	116689

LAW-RELATED EDUCATION

116690

The foregoing appropriation item 005406, Law-Related	116691
Education, shall be distributed directly to the Ohio Center for	116692
Law-Related Education for the purposes of providing continuing	116693
citizenship education activities to primary and secondary	116694
students, expanding delinquency prevention programs, increasing	116695
activities for at-risk youth, and accessing additional public and	116696
private money for new programs.	116697

OHIO COURTS TECHNOLOGY INITIATIVE

116698

The foregoing appropriation item 005409, Ohio Courts	116699
Technology Initiative, shall be used to fund an initiative by the	116700
Supreme Court to facilitate the exchange of information and	116701
warehousing of data by and between Ohio courts and other justice	116702
system partners through the creation of an Ohio Courts Network,	116703
the delivery of technology services to courts throughout the	116704
state, including the provision of hardware, software, and the	116705
development and implementation of educational and training	116706
programs for judges and court personnel, and operation of the	116707
Commission on Technology and the Courts by the Supreme Court for	116708
the promulgation of statewide rules, policies, and uniform	116709
standards, and to aid in the orderly adoption and comprehensive	116710
use of technology in Ohio courts.	116711

CONTINUING JUDICIAL EDUCATION

116712

The Continuing Judicial Education Fund (Fund 6720) shall	116713
consist of fees paid by judges and court personnel for attending	116714
continuing education courses and other gifts and grants received	116715
for the purpose of continuing judicial education. The foregoing	116716
appropriation item 005601, Continuing Judicial Education, shall be	116717
used to pay expenses for continuing education courses for judges	116718
and court personnel. If it is determined by the Administrative	116719
Director of the Supreme Court that additional appropriations are	116720
necessary, the amounts are hereby appropriated.	116721

No money in Fund 6720 shall be transferred to any other fund	116722
by the Director of Budget and Management or the Controlling Board.	116723
Interest earned on money in Fund 6720 shall be credited to the	116724
fund.	116725

FEDERAL GRANTS

116726

The Federal Grants Fund (Fund 3J00) shall consist of grants	116727
and other moneys awarded to the Supreme Court (The Judiciary) by	116728
the United States Government or other entities that receive the	116729
moneys directly from the United States Government and distribute	116730
those moneys to the Supreme Court (The Judiciary). The foregoing	116731
appropriation item 005603, Federal Grants, shall be used in a	116732
manner consistent with the purpose of the grant or award. If it is	116733
determined by the Administrative Director of the Supreme Court	116734
that additional appropriations are necessary, the amounts are	116735
hereby appropriated.	116736

No money in Fund 3J00 shall be transferred to any other fund	116737
by the Director of Budget and Management or the Controlling Board.	116738
However, interest earned on money in Fund 3J00 shall be credited	116739
or transferred to the General Revenue Fund.	116740

ATTORNEY SERVICES

116741

The Attorney Services Fund (Fund 4C80), formerly known as the	116742
Attorney Registration Fund, shall consist of money received by the	116743
Supreme Court (The Judiciary) pursuant to the Rules for the	116744
Government of the Bar of Ohio. In addition to funding other	116745
activities considered appropriate by the Supreme Court, the	116746
foregoing appropriation item 005605, Attorney Services, may be	116747
used to compensate employees and to fund appropriate activities of	116748
the following offices established by the Supreme Court: the Office	116749
of Disciplinary Counsel, the Board of Commissioners on Grievances	116750
and Discipline, the Clients' Security Fund, and the Attorney	116751
Services Division. If it is determined by the Administrative	116752
Director of the Supreme Court that additional appropriations are	116753
necessary, the amounts are hereby appropriated.	116754

No money in Fund 4C80 shall be transferred to any other fund	116755
by the Director of Budget and Management or the Controlling Board.	116756
Interest earned on money in Fund 4C80 shall be credited to the	116757
fund.	116758

COURT INTERPRETER CERTIFICATION

116759

The Court Interpreter Certification Fund (Fund 5HT0) shall	116760
consist of money received by the Supreme Court (The Judiciary)	116761
pursuant to Rules 80 through 87 of the Rules of Superintendence	116762
for the Courts of Ohio. The foregoing appropriation item 005617,	116763
Court Interpreter Certification, shall be used to provide	116764
training, to provide the written examination, and to pay language	116765
experts to rate, or grade, the oral examinations of those applying	116766
to become certified court interpreters. If it is determined by the	116767
Administrative Director that additional appropriations are	116768
necessary, the amounts are hereby appropriated.	116769

No money in Fund 5HT0 shall be transferred to any other fund	116770
by the Director of Budget and Management or the Controlling Board.	116771
Interest earned on money in Fund 5HT0 shall be credited to the	116772
fund.	116773

GRANTS AND AWARDS

116774

The Grants and Awards Fund (Fund 5T80) shall consist of	116775
grants and other money awarded to the Supreme Court (The	116776
Judiciary) by the State Justice Institute, the Division of	116777
Criminal Justice Services, or other entities. The foregoing	116778
appropriation item 005609, Grants and Awards, shall be used in a	116779
manner consistent with the purpose of the grant or award. If it is	116780
determined by the Administrative Director of the Supreme Court	116781
that additional appropriations are necessary, the amounts are	116782
hereby appropriated.	116783

No money in Fund 5T80 shall be transferred to any other fund	116784
by the Director of Budget and Management or the Controlling Board.	116785
However, interest earned on money in Fund 5T80 shall be credited	116786
or transferred to the General Revenue Fund.	116787

SUPREME COURT ADMISSIONS

116788

The foregoing appropriation item 005606, Supreme Court	116789
Admissions, shall be used to compensate Supreme Court employees	116790
who are primarily responsible for administering the attorney	116791
admissions program under the Rules for the Government of the Bar	116792
of Ohio, and to fund any other activities considered appropriate	116793
by the court. Moneys shall be deposited into the Supreme Court	116794
Admissions Fund (Fund 6A80) under the Supreme Court Rules for the	116795
Government of the Bar of Ohio. If it is determined by the	116796
Administrative Director of the Supreme Court that additional	116797
appropriations are necessary, the amounts are hereby appropriated.	116798

No money in Fund 6A80 shall be transferred to any other fund	116799
by the Director of Budget and Management or the Controlling Board.	116800
Interest earned on money in Fund 6A80 shall be credited to the	116801
fund.	116802

Section 317.10. LEC LAKE ERIE COMMISSION

116803

Federal Special Revenue Fund Group	116804

3EP0	780603		Lake Erie Federal Grants		$	95,750		$	95,750		116805
TOTAL FED Federal Special Revenue Fund Group					$	95,750		$	95,750		116806

State Special Revenue Fund Group	116807

4C00	780601	Lake Erie Protection Fund	$	400,000	$	400,000	116808
5D80	780602	Lake Erie Resources Fund	$	261,783	$	250,143	116809
TOTAL SSR State Special Revenue							116810
Fund Group			$	661,783	$	650,143	116811
TOTAL ALL BUDGET FUND GROUPS			$	757,533	$	745,893	116812

Section 319.10. LRS LEGAL RIGHTS SERVICE

116814

General Revenue Fund	116815

GRF	054321	Support Services	$	97,255	$	24,314	116816
GRF	054401	Ombudsman	$	142,003	$	35,750	116817
TOTAL GRF General Revenue Fund			$	239,258	$	60,064	116818

General Services Fund Group	116819

5M00	054610	Settlements	$	181,352	$	32,839	116820
TOTAL GSF General Services							116821
Fund Group			$	181,352	$	32,839	116822

Federal Special Revenue Fund Group	116823

3050	054602	Protection and Advocacy - Developmentally Disabled	$	1,662,991	$	415,748	116824
3AG0	054613	Protection and Advocacy - Voter Accessibility	$	135,000	$	33,752	116825
3B80	054603	Protection and Advocacy - Mentally Ill	$	1,152,677	$	288,170	116826
3CA0	054615	Work Incentives Planning and Assistance	$	355,000	$	88,752	116827
3N30	054606	Protection and Advocacy - Individual Rights	$	591,112	$	147,779	116828
3N90	054607	Assistive Technology	$	135,000	$	33,751	116829
3R90	054616	Developmental Disability Publications	$	130,000	$	32,500	116830
3T20	054609	Client Assistance Program	$	435,000	$	108,752	116831
3X10	054611	Protection and Advocacy - Beneficiaries of Social Security	$	235,000	$	58,752	116832
3Z60	054612	Protection and Advocacy - Traumatic Brain Injury	$	151,624	$	37,907	116833
TOTAL FED Federal Special Revenue							116834
Fund Group			$	4,983,404	$	1,245,863	116835

State Special Revenue Fund Group	116836

5AE0	054614	Grants and Contracts	$	74,600	$	18,652	116837
TOTAL SSR State Special Revenue Fund Group			$	74,600	$	18,652	116838
TOTAL ALL BUDGET FUND GROUPS			$	5,478,614	$	1,357,418	116839

Section 319.20. CONVERSION OF LEGAL RIGHTS SERVICE TO A	116841
NONPROFIT ENTITY	116842

(A) Not later than December 31, 2011, the administrator of	116843
the Legal Rights Service, in consultation with the Legal Rights	116844
Service Commission, shall establish a nonprofit entity to provide	116845
advocacy services and a client assistance program for people with	116846
disabilities. The Legal Rights Service may subcontract with the	116847
nonprofit entity to perform any functions that the Legal Rights	116848
Service is permitted or required to perform.	116849

(B)(1) Not later than September 30, 2012, and subject to	116850
division (B)(2) of this section, the Governor shall designate the	116851
nonprofit entity established under division (A) of this section to	116852
serve as the state's protection and advocacy system, as provided	116853
under 42 U.S.C. 15001, and as the state's client assistance	116854
program, as provided under 29 U.S.C. 732. On October 1, 2012,	116855
pursuant to section 5123.60 of the Revised Code, as enacted by	116856
this act, the nonprofit entity is the Ohio Protection and Advocacy	116857
System.	116858

(2) The Governor shall make the designation only if the	116859
nonprofit entity complies with all federal law regarding a	116860
protection and advocacy system and client assistance program.	116861

(C) Effective October 1, 2012, the Legal Rights Service, the	116862
Legal Rights Service Commission, and the Ombudsperson Section of	116863
the Legal Rights Service are abolished.	116864

Any aspect of the function of the Legal Rights Service, Legal	116865
Rights Service Commission, and the Ombudsperson Section of the	116866
Legal Rights Service commenced, but not completed on October 1,	116867
2012 shall be completed by the nonprofit entity in the same	116868
manner, and with the same effect, as if completed by the Legal	116869
Rights Service, Legal Rights Service Commission, and the	116870
Ombudsperson Section of the Legal Rights Service as they existed	116871
immediately prior to October 1, 2012. No validation, cure, right,	116872
privilege, remedy, obligation, or liability pertaining to the	116873
Legal Rights Service, Legal Rights Service Commission, and the	116874
Ombudsperson Section of the Legal Rights Service is lost or	116875
impaired by reason of the abolishment of the Legal Rights Service,	116876
Legal Rights Service Commission, and the Ombudsperson Section of	116877
the Legal Rights Service. Each such validation, cure, right,	116878
privilege, remedy, obligation, or liability shall be administered	116879
by the nonprofit entity established under division (A) of this	116880
section.	116881

Any action or proceeding that is related to the functions or	116882
duties of the Legal Rights Service, Legal Rights Service	116883
Commission, and the Ombudsperson Section of the Legal Rights	116884
Service pending on September 30, 2012, is not affected by the	116885
abolishment of the Legal Rights Service, the Legal Rights Service	116886
Commission, and the Ombudsperson Section of the Legal Rights	116887
Service and shall be prosecuted or defended in the name of the	116888
nonprofit entity. In all such actions and proceedings the	116889
nonprofit entity, on application to the court, shall be	116890
substituted as a party.	116891

(D) The foregoing appropriation items 054321, Support	116892
Services, and 054401, Ombudsman, may be used to support the costs	116893
of transitioning the Ohio Legal Rights Service into a nonprofit	116894
entity.	116895

Section 321.10. JLE JOINT LEGISLATIVE ETHICS COMMITTEE

116896

General Revenue Fund	116897

GRF	028321		Legislative Ethics Committee		$	550,000		$	550,000		116898
TOTAL GRF General Revenue Fund					$	550,000		$	550,000		116899

General Services Fund Group	116900

4G70	028601	Joint Legislative Ethics Committee	$	100,000	$	100,000	116901
TOTAL GSF General Services Fund Group			$	100,000	$	100,000	116902
TOTAL ALL BUDGET FUND GROUPS			$	650,000	$	650,000	116903

Section 323.10. LSC LEGISLATIVE SERVICE COMMISSION

116904

General Revenue Fund	116905

GRF	035321	Operating Expenses	$	15,117,700	$	15,117,700	116906
GRF	035402	Legislative Fellows	$	1,022,120	$	1,022,120	116907
GRF	035405	Correctional Institution Inspection Committee	$	438,900	$	438,900	116908
GRF	035407	Legislative Task Force on Redistricting	$	750,000	$	750,000	116909
GRF	035409	National Associations	$	460,560	$	460,560	116910
GRF	035410	Legislative Information Systems	$	3,661,250	$	3,661,250	116911
TOTAL GRF General Revenue Fund			$	21,450,530	$	21,450,530	116912

General Services Fund Group	116913

4100	035601	Sale of Publications	$	10,000	$	10,000	116914
4F60	035603	Legislative Budget Services	$	200,000	$	200,000	116915
5EF0	035607	Legislative Agency Telephone Usage	$	30,000	$	30,000	116916
TOTAL GSF General Services							116917
Fund Group			$	240,000	$	240,000	116918
TOTAL ALL BUDGET FUND GROUPS			$	21,690,530	$	21,690,530	116919

LEGISLATIVE TASK FORCE ON REDISTRICTING

116920

An amount equal to the unexpended, unencumbered portion of	116921
the foregoing appropriation item 035407, Legislative Task Force on	116922
Redistricting, at the end of fiscal year 2011 is hereby	116923
reappropriated to the Legislative Service Commission for the same	116924
purpose for fiscal year 2012.	116925

Section 325.10. LIB STATE LIBRARY BOARD

116926

General Revenue Fund	116927

GRF	350321	Operating Expenses	$	5,057,312	$	5,057,364	116928
GRF	350401	Ohioana Rental Payments	$	124,437	$	124,437	116929
GRF	350502	Regional Library Systems	$	582,469	$	582,469	116930
TOTAL GRF General Revenue Fund			$	5,764,218	$	5,764,270	116931

General Services Fund Group	116932

1390	350602	Intra-Agency Service Charges	$	9,000	$	9,000	116933
4590	350603	Library Service Charges	$	2,986,424	$	2,986,180	116934
4S40	350604	Ohio Public Library Information Network	$	5,689,401	$	5,689,788	116935
5GB0	350605	Library for the Blind	$	1,274,194	$	1,274,194	116936
5GG0	350606	Gates Foundation Grants	$	6,000	$	0	116937
TOTAL GSF General Services							116938
Fund Group			$	9,965,019	$	9,959,162	116939

Federal Special Revenue Fund Group	116940

3130	350601	LSTA Federal	$	5,879,314	$	5,879,314	116941
TOTAL FED Federal Special Revenue							116942
Fund Group			$	5,879,314	$	5,879,314	116943
TOTAL ALL BUDGET FUND GROUPS			$	21,608,551	$	21,602,746	116944

OHIOANA RENTAL PAYMENTS

116945

The foregoing appropriation item 350401, Ohioana Rental	116946
Payments, shall be used to pay the rental expenses of the Martha	116947
Kinney Cooper Ohioana Library Association under section 3375.61 of	116948
the Revised Code.	116949

REGIONAL LIBRARY SYSTEMS

116950

The foregoing appropriation item 350502, Regional Library	116951
Systems, shall be used to support regional library systems	116952
eligible for funding under sections 3375.83 and 3375.90 of the	116953
Revised Code.	116954

OHIO PUBLIC LIBRARY INFORMATION NETWORK

116955

(A) The foregoing appropriation item 350604, Ohio Public	116956
Library Information Network, shall be used for an information	116957
telecommunications network linking public libraries in the state	116958
and such others as may participate in the Ohio Public Library	116959
Information Network (OPLIN).	116960

The Ohio Public Library Information Network Board of Trustees	116961
created under section 3375.65 of the Revised Code may make	116962
decisions regarding use of the foregoing appropriation item	116963
350604, Ohio Public Library Information Network.	116964

(B) Of the foregoing appropriation item 350604, Ohio Public	116965
Library Information Network, up to $81,000 in each fiscal year	116966
shall be used to help local libraries use filters to screen out	116967
obscene and illegal internet materials.	116968

The OPLIN Board shall research and assist or advise local	116969
libraries with regard to emerging technologies and methods that	116970
may be effective means to control access to obscene and illegal	116971
materials. The OPLIN Director shall provide written reports upon	116972
request within ten days to the Governor, the Speaker and Minority	116973
Leader of the House of Representatives, and the President and	116974
Minority Leader of the Senate on any steps being taken by OPLIN	116975
and public libraries in the state to limit and control such	116976
improper usage as well as information on technological, legal, and	116977
law enforcement trends nationally and internationally affecting	116978
this area of public access and service.	116979

(C) The Ohio Public Library Information Network, INFOhio, and	116980
OhioLINK shall, to the extent feasible, coordinate and cooperate	116981
in their purchase or other acquisition of the use of electronic	116982
databases for their respective users and shall contribute funds in	116983
an equitable manner to such effort.	116984

LIBRARY FOR THE BLIND

116985

The foregoing appropriation item 350605, Library for the	116986
Blind, shall be used for the statewide Talking Book Program to	116987
assist the blind and disabled.	116988

TRANSFER TO OPLIN TECHNOLOGY FUND

116989

Notwithstanding sections 5747.03 and 5747.47 of the Revised	116990
Code and any other provision of law to the contrary, in accordance	116991
with a schedule established by the Director of Budget and	116992
Management, the Director of Budget and Management shall transfer	116993
$3,689,401 in cash in fiscal year 2012 and $3,689,788 in cash in	116994
fiscal year 2013 from the Public Library Fund (Fund 7065) to the	116995
OPLIN Technology Fund (Fund 4S40).	116996

TRANSFER TO LIBRARY FOR THE BLIND FUND

116997

Notwithstanding sections 5747.03 and 5747.47 of the Revised	116998
Code and any other provision of law to the contrary, in accordance	116999
with a schedule established by the Director of Budget and	117000
Management, the Director of Budget and Management shall transfer	117001
$1,274,194 cash in each fiscal year from the Public Library Fund	117002
(Fund 7065) to the Library for the Blind Fund (Fund 5GB0).	117003

Section 327.10. LCO LIQUOR CONTROL COMMISSION

117004

Liquor Control Fund Group	117005

7043	970321	Operating Expenses	$	753,933	$	754,146	117006
TOTAL LCF Liquor Control Fund Group			$	753,933	$	754,146	117007
TOTAL ALL BUDGET FUND GROUPS			$	753,933	$	754,146	117008

Section 329.10. LOT STATE LOTTERY COMMISSION

117010

State Lottery Fund Group	117011

2310	950604	Charitable Gaming Oversight	$	1,946,000	$	1,946,000	117012
7044	950100	Personal Services	$	30,018,152	$	30,004,979	117013
7044	950200	Maintenance	$	13,558,000	$	13,266,150	117014
7044	950300	Equipment	$	4,810,440	$	4,465,690	117015
7044	950402	Advertising Contracts	$	26,136,000	$	26,136,000	117016
7044	950403	Gaming Contracts	$	46,476,608	$	47,359,732	117017
7044	950500	Problem Gambling Subsidy	$	350,000	$	350,000	117018
7044	950601	Direct Prize Payments	$	131,995,700	$	133,263,456	117019
8710	950602	Annuity Prizes	$	77,206,258	$	77,641,283	117020
TOTAL SLF State Lottery Fund							117021
Group			$	332,497,158	$	334,433,290	117022
TOTAL ALL BUDGET FUND GROUPS			$	332,497,158	$	334,433,290	117023

OPERATING EXPENSES

117024

Notwithstanding sections 127.14 and 131.35 of the Revised	117025
Code, the Controlling Board may, at the request of the State	117026
Lottery Commission, authorize expenditures from the State Lottery	117027
Fund in excess of the amounts appropriated, up to a maximum of 15	117028
per cent of anticipated total revenue accruing from the sale of	117029
lottery tickets. Upon the approval of the Controlling Board, the	117030
additional amounts are hereby appropriated.	117031

DIRECT PRIZE PAYMENTS

117032

Any amounts, in addition to the amounts appropriated in	117033
appropriation item 950601, Direct Prize Payments, that the	117034
Director of the State Lottery Commission determines to be	117035
necessary to fund prizes are hereby appropriated.	117036

ANNUITY PRIZES

117037

Upon request of the State Lottery Commission, the Director of	117038
Budget and Management may transfer cash from the State Lottery	117039
Fund (Fund 7044) to the Deferred Prizes Trust Fund (Fund 8710) in	117040
an amount sufficient to fund deferred prizes. The Treasurer of	117041
State, from time to time, shall credit the Deferred Prizes Trust	117042
Fund (Fund 8710) the pro rata share of interest earned by the	117043
Treasurer of State on invested balances.	117044

Any amounts, in addition to the amounts appropriated in	117045
appropriation item 950602, Annuity Prizes, that the Director of	117046
the State Lottery Commission determines to be necessary to fund	117047
deferred prizes and interest earnings are hereby appropriated.	117048

TRANSFERS TO THE LOTTERY PROFITS EDUCATION FUND

117049

The Director of Budget and Management shall transfer an	117050
amount greater than or equal to $717,500,000 in fiscal year 2012	117051
and $680,500,000 in fiscal year 2013 from the State Lottery Fund	117052
to the Lottery Profits Education Fund (Fund 7017). Transfers from	117053
the State Lottery Fund to the Lottery Profits Education Fund shall	117054
represent the estimated net income from operations for the	117055
Commission in fiscal year 2012 and fiscal year 2013. Transfers by	117056
the Director of Budget and Management to the Lottery Profits	117057
Education Fund shall be administered as the statutes direct.	117058

Section 331.10. MHC MANUFACTURED HOMES COMMISSION

117059

General Services Fund Group	117060

4K90	996609	Operating Expenses	$	652,922	$	642,267	117061
TOTAL GSF General Services							117062
Fund Group			$	652,922	$	642,267	117063
TOTAL ALL BUDGET FUND GROUPS			$	652,922	$	642,267	117064

Section 333.10. MED STATE MEDICAL BOARD

117066

General Services Fund Group	117067

5C60	883609	Operating Expenses	$	9,292,393	$	9,172,062	117068
TOTAL GSF General Services							117069
Fund Group			$	9,292,393	$	9,172,062	117070
TOTAL ALL BUDGET FUND GROUPS			$	9,292,393	$	9,172,062	117071

Section 335.10. AMB OHIO MEDICAL TRANSPORTATION BOARD

117073

General Services Fund Group	117074

4K90	915604	Operating Expenses	$	493,641	$	493,856	117075
TOTAL GSF General Services							117076
Fund Group			$	493,641	$	493,856	117077
TOTAL ALL BUDGET FUND GROUPS			$	493,641	$	493,856	117078

Section 337.10. DMH DEPARTMENT OF MENTAL HEALTH

117080

General Revenue Fund	117081

GRF	332401	Forensic Services	$	3,244,251	$	3,244,251	117082
GRF	333321	Central Administration	$	16,000,000	$	16,000,000	117083
GRF	333402	Resident Trainees	$	450,000	$	450,000	117084
GRF	333403	Pre-Admission Screening Expenses	$	486,119	$	486,119	117085
GRF	333415	Lease-Rental Payments	$	18,394,250	$	19,907,900	117086
GRF	333416	Research Program Evaluation	$	421,724	$	421,998	117087
GRF	334412	Hospital Services	$	202,018,888	$	192,051,209	117088
GRF	334506	Court Costs	$	584,210	$	584,210	117089
GRF	335405	Family & Children First	$	1,386,000	$	1,386,000	117090
GRF	335419	Community Medication Subsidy	$	8,963,818	$	8,963,818	117091
GRF	335501	Mental Health Medicaid Match	$	186,400,000	$	0	117092
GRF	335505	Local Mental Health Systems of Care	$	41,413,776	$	50,537,955	117093
GRF	335506	Residential State Supplement	$	4,702,875	$	4,702,875	117094
TOTAL GRF General Revenue Fund			$	484,465,911	$	298,736,335	117095

General Services Fund Group	117096

1490	333609	Central Office Operating	$	1,343,190	$	1,343,190	117097
1490	334609	Hospital - Operating Expenses	$	28,190,000	$	28,190,000	117098
1500	334620	Special Education	$	150,000	$	150,000	117099
4P90	335604	Community Mental Health Projects	$	4,061,100	$	250,000	117100
1510	336601	Office of Support Services	$	129,770,770	$	129,779,822	117101
TOTAL GSF General Services Fund Group			$	163,515,060	$	159,713,012	117102

Federal Special Revenue Fund Group	117103

3240	333605	Medicaid/Medicare	$	154,500	$	154,500	117104
3A60	333608	Community and Hospital Services	$	140,000	$	140,000	117105
3A70	333612	Social Services Block Grant	$	50,000	$	50,000	117106
3A80	333613	Federal Grant - Administration	$	4,717,000	$	4,717,000	117107
3A90	333614	Mental Health Block Grant - Administration	$	748,470	$	748,470	117108
3B10	333635	Community Medicaid Expansion	$	13,691,682	$	13,691,682	117109
3240	334605	Medicaid/Medicare	$	28,200,000	$	28,200,000	117110
3A60	334608	Federal Miscellaneous	$	200,000	$	200,000	117111
3A80	334613	Federal Letter of Credit	$	200,000	$	200,000	117112
3A60	335608	Federal Miscellaneous	$	2,170,000	$	2,170,000	117113
3A70	335612	Social Services Block Grant	$	8,400,000	$	8,400,000	117114
3A80	335613	Federal Grant - Community Mental Health Board Subsidy	$	2,500,000	$	2,500,000	117115
3A90	335614	Mental Health Block Grant	$	14,200,000	$	14,200,000	117116
3B10	335635	Community Medicaid Expansion	$	346,200,000	$	0	117117
TOTAL FED Federal Special Revenue Fund Group			$	421,571,652	$	75,371,652	117118

State Special Revenue Fund Group	117119

2320	333621	Family and Children First Administration	$	448,286	$	432,197	117120
4850	333632	Mental Health Operating	$	134,233	$	134,233	117121
4X50	333607	Behavioral Health Medicaid Services	$	3,000,624	$	3,000,624	117122
5V20	333611	Non-Federal Miscellaneous	$	100,000	$	100,000	117123
4850	334632	Mental Health Operating	$	2,477,500	$	2,477,500	117124
5AU0	335615	Behavioral Healthcare	$	6,690,000	$	6,690,000	117125
6320	335616	Community Capital Replacement	$	350,000	$	350,000	117126
TOTAL SSR State Special Revenue Fund Group			$	13,200,643	$	13,184,554	117127
TOTAL ALL BUDGET FUND GROUPS			$	1,082,753,266	$	547,005,553	117128

Section 337.10.10. FORENSIC SERVICES

117130

The foregoing appropriation item 332401, Forensic Services,	117131
shall be used to provide forensic psychiatric evaluations to	117132
courts of common pleas and to conduct evaluations of patients of	117133
forensic status in facilities operated or designated by the	117134
Department of Mental Health prior to conditional release to the	117135
community. A portion of this appropriation may be allocated	117136
through community mental health boards to certified community	117137
agencies in accordance with a distribution methodology as	117138
determined by the Director of Mental Health.	117139

In addition, appropriation item 332401, Forensic Services,	117140
may be used to provide forensic monitoring and tracking of	117141
individuals on conditional release and forensic training, and to	117142
support projects that assist courts and law enforcement to	117143
identify and develop appropriate alternative services to	117144
incarceration for nonviolent mentally ill offenders, and to	117145
provide specialized re-entry services to offenders leaving prisons	117146
and jails.	117147

Section 337.20.10. RESIDENCY TRAINEESHIP PROGRAMS

117148

The foregoing appropriation item 333402, Resident Trainees,	117149
shall be used to fund training agreements entered into by the	117150
Director of Mental Health for the development of curricula and the	117151
provision of training programs to support public mental health	117152
services.	117153

Section 337.20.20. PRE-ADMISSION SCREENING EXPENSES

117154

The foregoing appropriation item 333403, Pre-Admission	117155
Screening Expenses, shall be used to ensure that uniform statewide	117156
methods for pre-admission screening are in place for persons who	117157
have severe mental illness and are referred for long-term Medicaid	117158
certified nursing facility placement. Pre-admission screening	117159
includes the following activities: pre-admission assessment,	117160
consideration of continued stay requests, discharge planning and	117161
referral, and adjudication of appeals and grievance procedures.	117162

Section 337.20.30. LEASE-RENTAL PAYMENTS

117163

The foregoing appropriation item 333415, Lease-Rental	117164
Payments, shall be used to meet all payments at the times they are	117165
required to be made during the period from July 1, 2011, through	117166
June 30, 2013, by the Department of Mental Health under leases and	117167
agreements made under section 154.20 of the Revised Code. These	117168
appropriations are the source of funds pledged for bond service	117169
charges on obligations issued pursuant to Chapter 154. of the	117170
Revised Code.	117171

Section 337.20.50. HOSPITAL SERVICES

117172

The foregoing appropriation item 334412, Hospital Services,	117173
shall be used for the operation of the Department of Mental Health	117174
State Regional Psychiatric Hospitals, including, but not limited	117175
to, all aspects involving civil and forensic commitment,	117176
treatment, and discharge as determined by the Director of Mental	117177
Health. A portion of this appropriation may be used by the	117178
Department of Mental Health to create, purchase, or contract for	117179
the custody, supervision, control, and treatment of persons	117180
committed to the Department of Mental Health in other clinically	117181
appropriate environments, consistent with public safety.	117182

Section 337.20.60. FISCAL YEARS 2012 AND 2013 ALLOCATIONS OF	117183
STATE HOSPITAL FUNDS TO ADAMHS BOARDS	117184

(A) As used in this section:

117185

"Bed day" means a day for which a person receives inpatient	117186
hospitalization services in a state regional psychiatric hospital.	117187

"State regional psychiatric hospital" means a hospital that	117188
the Department of Mental Health maintains, operates, manages, and	117189
governs under section 5119.02 of the Revised Code for the care and	117190
treatment of mentally ill persons.	117191

(B) For fiscal years 2012 and 2013 and notwithstanding	117192
section 5119.62 of the Revised Code, the Director of Mental Health	117193
shall allocate a portion of the foregoing appropriation item	117194
334412, Hospital Services, to boards of alcohol, drug addiction,	117195
and mental health services. In consultation with the boards, the	117196
Director shall establish a methodology to be used in allocating	117197
the funds to boards. The allocation methodology shall include as	117198
factors at least the per diem cost of inpatient hospitalization	117199
services at state regional psychiatric hospitals and the estimated	117200
number of bed days that each board will incur in fiscal years 2012	117201
and 2013 in carrying out their duties under division (A)(12) of	117202
section 340.03 of the Revised Code. The Director may require each	117203
board to provide the Director with an estimate of the number of	117204
bed days the board will incur in fiscal years 2012 and 2013 for	117205
such purpose.	117206

(C) All of the following apply to the funds allocated to a	117207
board under this section:	117208

(1) Subject to divisions (C)(2) and (3) of this section, the	117209
board shall use the funds to pay for expenditures the board incurs	117210
in fiscal years 2012 and 2013 under division (A)(12) of section	117211
340.03 of the Revised Code in paying for inpatient hospitalization	117212
services provided by state regional psychiatric hospitals to	117213
persons involuntarily committed to the board pursuant to Chapter	117214
5122. of the Revised Code.	117215

(2) If the amount of the funds allocated to the board and	117216
used for the purpose specified in division (C)(1) of this section	117217
exceeds the amount that the board needs to pay for its	117218
expenditures identified in division (C)(1) of this section, the	117219
Director may permit the board to use the excess funds for the	117220
board's community mental health plan developed under division	117221
(A)(1)(c) of section 340.03 of the Revised Code.	117222

(3) If the Director approves, the board may have a portion of	117223
the funds deposited into the Department of Mental Health Risk	117224
Fund.	117225

(D) Notwithstanding the amendment by this act to section	117226
5119.62 of the Revised Code, the Department of Mental Health Risk	117227
Fund shall continue to exist in the state treasury for the purpose	117228
of this section until it is no longer needed. In addition to the	117229
money that is in the fund on the effective date of this section,	117230
the fund shall consist of money deposited into it pursuant to	117231
division (C)(3) of this section and all the fund's investment	117232
earnings. Money in the fund shall be used in accordance with	117233
guidelines that the Director shall develop in consultation with	117234
representatives of the boards.	117235

Section 337.30.10. FLEXIBLE FUNDING FOR FAMILIES AND CHILDREN

117236

In collaboration with the county family and children first	117237
council, a county board of alcohol, drug addiction, and mental	117238
health services or community mental health services board that	117239
receives allocations from the Department of Mental Health from	117240
appropriation item 335405, Family & Children First, may transfer	117241
portions of those allocations to a flexible funding pool as	117242
authorized by the section titled FAMILY AND CHILDREN FIRST	117243
FLEXIBLE FUNDING POOL.	117244

Section 337.30.20. COMMUNITY MEDICATION SUBSIDY

117245

The foregoing appropriation item 335419, Community Medication	117246
Subsidy, shall be used to provide subsidized support for	117247
psychotropic medication needs of indigent citizens in the	117248
community to reduce unnecessary hospitalization because of lack of	117249
medication and to provide subsidized support for methadone costs.	117250
This appropriation may be allocated to community mental health	117251
boards in accordance with a distribution methodology determined by	117252
the Director of Mental Health.	117253

Section 337.30.30. MENTAL HEALTH MEDICAID MATCH

117254

(A) As used in this section, "community mental health	117255
Medicaid services" means services provided under the component, or	117256
aspect of the component, of the Medicaid program that the	117257
Department of Mental Health administers pursuant to a contract	117258
entered into with the Department of Job and Family Services under	117259
section 5111.91 of the Revised Code.	117260

(B) Subject to division (C) of this section, the foregoing	117261
appropriation item 335501, Mental Health Medicaid Match, shall be	117262
used by the Department of Mental Health to make payments for	117263
community mental health Medicaid services.	117264

(C) For state fiscal year 2012, the Department shall allocate	117265
foregoing appropriation item 335501, Mental Health Medicaid Match,	117266
to boards of alcohol, drug addiction, and mental health services	117267
in accordance with a distribution methodology the Department shall	117268
establish. Notwithstanding sections 5111.911 and 5111.912 of the	117269
Revised Code, the boards shall use the funds allocated to them	117270
under this section to pay claims for community mental health	117271
Medicaid services provided during fiscal year 2012. The boards	117272
shall use all federal financial participation that the Department	117273
of Mental Health receives for claims paid for community mental	117274
health Medicaid services provided during fiscal year 2012 as the	117275
first payment source to pay claims for community mental health	117276
Medicaid services provided during fiscal year 2012. No board is	117277
required to use any funds other than the funds allocated to them	117278
under this section and the federal financial participation	117279
received for claims for community mental health Medicaid services	117280
provided during fiscal year 2012 to pay for such claims.	117281

(D) The Department shall enter into an agreement with each	117282
board regarding the issue of paying claims that are for community	117283
mental health Medicaid services provided before July 1, 2011, and	117284
submitted for payment on or after that date. Such claims shall be	117285
paid in accordance with the agreements. A board shall receive the	117286
federal financial participation received for claims for community	117287
mental health Medicaid services that were provided before July 1,	117288
2011, and paid by the board.	117289

Section 337.30.40. LOCAL MENTAL HEALTH SYSTEMS OF CARE

117290

The foregoing appropriation item 335505, Local Mental Health	117291
Systems of Care, shall be used by community mental health boards	117292
to purchase mental health services permitted under Chapter 340. of	117293
the Revised Code.	117294

Section 337.30.50. RESIDENTIAL STATE SUPPLEMENT

117295

(A)(1) On the effective date of this section, the Residential	117296
State Supplement Program is transferred from the Department of	117297
Aging to the Department of Mental Health. The transferred program	117298
is thereupon and thereafter successor to, assumes the obligations	117299
of, and otherwise constitutes the continuation of the program as	117300
it was operated immediately prior to the effective date of this	117301
section. The transfer shall not affect persons receiving payments	117302
under the program on the effective date of this section.	117303

(2) Any business of the program commenced but not completed	117304
before the effective date of this section shall be completed by	117305
the Department of Mental Health. The business shall be completed	117306
in the same manner, and with the same effect, as if completed by	117307
the Department of Aging immediately prior to the effective date of	117308
this section. No validation, cure, right, privilege, remedy,	117309
obligation, or liability pertaining to the program is lost or	117310
impaired by reason of the program's transfer to the Department of	117311
Mental Health. Each such validation, cure, right, privilege,	117312
remedy, obligation, or liability shall be administered by the	117313
Department of Mental Health pursuant to sections 5119.69,	117314
5119.691, and 5119.692 of the Revised Code.	117315

(3) All rules, orders, and determinations pertaining to the	117316
program as it was operated immediately prior to the effective date	117317
of this section continue in effect as rules, orders, and	117318
determinations of the Department of Mental Health until modified	117319
or rescinded by the Department of Mental Health. If necessary to	117320
ensure the integrity of the numbering system of the Administrative	117321
Code, the Director of the Legislative Service Commission shall	117322
renumber the rules to reflect the transfer of the Residential	117323
State Supplement Program from the Department of Aging to the	117324
Department of Mental Health.	117325

(4) Any action or proceeding that is related to the functions	117326
or duties of the Residential State Supplement Program pending on	117327
the effective date of this section is not affected by the transfer	117328
of the program and shall be prosecuted or defended in the name of	117329
the Department of Mental Health. In all such actions and	117330
proceedings, the Department of Mental Health, on application to	117331
the court, shall be substituted as a party.	117332

(B) The foregoing appropriation item 335506, Residential	117333
State Supplement, may be used by the Department of Mental Health	117334
to provide training for adult care facilities serving residents	117335
with mental illness, to transfer cash to the Nursing Home	117336
Franchise Permit Fee Fund (Fund 5R20) used by the Department of	117337
Job and Family Services, and to make benefit payments to	117338
residential state supplement recipients. Under the Residential	117339
State Supplement Program, the amount used to determine whether a	117340
resident is eligible for payment, and for determining the amount	117341
per month the eligible resident will receive, shall be as follows:	117342

(1) $927 for a residential care facility, as defined in	117343
section 3721.01 of the Revised Code;	117344

(2) $927 for an adult group home, as defined in section	117345
5119.70 of the Revised Code;	117346

(3) $824 for an adult foster home, as defined in section	117347
5119.692 of the Revised Code;	117348

(4) $824 for an adult family home, as defined in section	117349
5119.70 of the Revised Code;	117350

(5) $824 for a residential facility, as identified in	117351
division (C)(1)(c) of section 5119.69 of the Revised Code; and	117352

(6) $618 for community mental health housing services, as	117353
identified in division (C)(1)(d) of section 5119.69 of the Revised	117354
Code.	117355

The Department of Mental Health shall reflect these amounts	117356
in any applicable rules the Department adopts under section	117357
5119.69 of the Revised Code.	117358

Section 337.30.60. BEHAVIORAL HEALTH MEDICAID SERVICES

117359

The Department of Mental Health shall administer specified	117360
Medicaid services as delegated by the Department of Job and Family	117361
Services in an interagency agreement. The foregoing appropriation	117362
item 333607, Behavioral Health Medicaid Services, may be used to	117363
make payments for free-standing psychiatric hospital inpatient	117364
services as defined in an interagency agreement with the	117365
Department of Job and Family Services.	117366

Section 337.30.70. FAMILY AND CHILDREN FIRST FLEXIBLE FUNDING	117367
POOL	117368

A county family and children first council may establish and	117369
operate a flexible funding pool in order to assure access to	117370
needed services by families, children, and older adults in need of	117371
protective services. The operation of the flexible funding pools	117372
shall be subject to the following restrictions:	117373

(A) The county council shall establish and operate the	117374
flexible funding pool in accordance with formal guidance issued by	117375
the Family and Children First Cabinet Council;	117376

(B) The county council shall produce an annual report on its	117377
use of the pooled funds. The annual report shall conform to a	117378
format prescribed in the formal guidance issued by the Family and	117379
Children First Cabinet Council;	117380

(C) Unless otherwise restricted, funds transferred to the	117381
flexible funding pool may include state general revenues allocated	117382
to local entities to support the provision of services to families	117383
and children;	117384

(D) The amounts transferred to the flexible funding pool	117385
shall be limited to amounts that can be redirected without	117386
impairing the achievement of the objectives for which the initial	117387
allocation is designated; and	117388

(E) Each amount transferred to the flexible funding pool from	117389
a specific allocation shall be approved for transfer by the	117390
director of the local agency that was the original recipient of	117391
the allocation.	117392

Section 337.30.75. TRANSITION FOR CURRENTLY CERTIFIED ADULT	117393
FOSTER HOMES	117394

On the effective date of this section, the certification of	117395
adult foster homes is transferred from the Department of Aging to	117396
the Department of Mental Health. A certification that was issued	117397
by the Director of Aging to an adult foster home under former	117398
section 175.36 of the Revised Code and that is current and valid	117399
on the effective date of section 5119.692 of the Revised Code, as	117400
enacted by this act, is deemed to be a certificate issued by the	117401
Director of Mental Health under those sections.	117402

Any business regarding the certification of adult foster	117403
homes commenced but not completed before the effective date of	117404
this section shall be completed by the Department of Mental	117405
Health. The business shall be completed in the same manner, and	117406
with the same effect, as if completed by the Department of Aging	117407
immediately prior to the effective date of this section.	117408

No validation, cure, right, privilege, remedy, obligation, or	117409
liability is lost or impaired by reason of this act's transfer of	117410
responsibility to the Department of Mental Health, from the	117411
Department of Aging, for the certification of adult foster homes.	117412

Each such validation, cure, right, privilege, remedy,	117413
obligation, or liability shall be administered by the Department	117414
of Mental Health pursuant to section 5119.692 of the Revised Code.	117415

All rules, orders, and determinations pertaining to the	117416
certification of adult foster homes as it was operated immediately	117417
prior to the effective date of this section shall continue in	117418
effect as rules, orders, and determinations of the Department of	117419
Mental Health until modified or rescinded by the Department of	117420
Mental Health. If necessary to ensure the integrity of the	117421
numbering system of the Administrative Code, the Director of the	117422
Legislative Service Commission shall renumber the rules to reflect	117423
the transfer of the certification of adult foster homes from the	117424
Department of Aging to the Department of Mental Health.	117425

Any action or proceeding that is related to the functions or	117426
duties of the certification of adult foster homes pending on the	117427
effective date of this section is not affected by the transfer of	117428
the certification and shall be prosecuted or defended in the name	117429
of the Department of Mental Health. In all such actions and	117430
proceedings, the Department of Mental Health, on application to	117431
the court, shall be substituted as a party.	117432

Section 337.30.80. TRANSITION FOR CURRENTLY LICENSED ADULT	117433
CARE FACILITIES	117434

On the effective date of this section, the licensing of adult	117435
care facilities is transferred from the Department of Health to	117436
the Department of Mental Health. A license that was issued by the	117437
Director of Health to an adult care facility under former Chapter	117438
3722. of the Revised Code and that is current and valid on the	117439
effective date of sections 5119.70 to 5119.88 of the Revised Code,	117440
as enacted by this act, is deemed to be a license issued by the	117441
Director of Mental Health under those sections.	117442

Any business regarding the licensing of adult care facilities	117443
commenced but not completed before the effective date of this	117444
section shall be completed by the Department of Mental Health. The	117445
business shall be completed in the same manner, and with the same	117446
effect, as if completed by the Department of Health immediately	117447
prior to the effective date of this section.	117448

No validation, cure, right, privilege, remedy, obligation, or	117449
liability is lost or impaired by reason of this act's transfer of	117450
responsibility to the Department of Mental Health, from the	117451
Department of Health, for the licensing of adult care facilities.	117452
Each such validation, cure, right, privilege, remedy, obligation,	117453
or liability shall be administered by the Department of Mental	117454
Health pursuant to sections 5119.70 to 5119.88 of the Revised	117455
Code.	117456

All rules, orders, and determinations pertaining to the	117457
licensing of adult care facilities as it was operated immediately	117458
prior to the effective date of this section shall continue in	117459
effect as rules, orders, and determinations of the Department of	117460
Mental Health until modified or rescinded by the Department of	117461
Mental Health. If necessary to ensure the integrity of the	117462
numbering system of the Administrative Code, the Director of the	117463
Legislative Service Commission shall renumber the rules to reflect	117464
the transfer of the licensing of adult care facilities from the	117465
Department of Health to the Department of Mental Health.	117466

Any action or proceeding that is related to the functions or	117467
duties of the licensing of adult care facilities pending on the	117468
effective date of this section is not affected by the transfer of	117469
the licensing and shall be prosecuted or defended in the name of	117470
the Department of Mental Health. In all such actions and	117471
proceedings, the Department of Mental Health, on application to	117472
the court, shall be substituted as a party.	117473

Section 339.10. MIH COMMISSION ON MINORITY HEALTH

117474

General Revenue Fund	117475

GRF	149321	Operating Expenses	$	423,588	$	408,990	117476
GRF	149501	Minority Health Grants	$	1,061,600	$	1,061,600	117477
GRF	149502	Lupus Program	$	110,047	$	110,047	117478
TOTAL GRF General Revenue Fund			$	1,595,235	$	1,580,637	117479

Federal Special Revenue Fund Group	117480

3J90	149602	Federal Grants	$	140,000	$	140,000	117481
TOTAL FED Federal Special Revenue							117482
Fund Group			$	140,000	$	140,000	117483

State Special Revenue Fund Group	117484

4C20	149601	Minority Health Conference	$	25,000	$	25,000	117485
TOTAL SSR State Special Revenue							117486
Fund Group			$	25,000	$	25,000	117487
TOTAL ALL BUDGET FUND GROUPS			$	1,760,235	$	1,745,637	117488

Section 341.10. CRB MOTOR VEHICLE COLLISION REPAIR	117490
REGISTRATION BOARD	117491

General Services Fund Group	117492

4K90	865601	Operating Expenses	$	331,841	$	324,292	117493
TOTAL GSF General Services							117494
Fund Group			$	331,841	$	324,292	117495
TOTAL ALL BUDGET FUND GROUPS			$	331,841	$	324,292	117496

Section 343.10. DNR DEPARTMENT OF NATURAL RESOURCES

117498

General Revenue Fund	117499

GRF	725401	Wildlife-GRF Central Support	$	1,800,000	$	1,800,000	117500
GRF	725413	Lease Rental Payments	$	20,568,600	$	19,734,700	117501
GRF	725456	Canal Lands	$	135,000	$	135,000	117502
GRF	725502	Soil and Water Districts	$	2,900,000	$	2,900,000	117503
GRF	725903	Natural Resources General Obligation Debt Service	$	5,375,300	$	25,209,100	117504
GRF	727321	Division of Forestry	$	4,878,338	$	4,880,000	117505
GRF	729321	Office of Information Technology	$	194,118	$	197,117	117506
GRF	730321	Division of Parks and Recreation	$	30,000,000	$	30,000,000	117507
GRF	736321	Division of Engineering	$	3,024,459	$	3,025,078	117508
GRF	737321	Division of Soil and Water Resources	$	4,982,961	$	4,983,356	117509
TOTAL GRF General Revenue Fund			$	73,858,776	$	92,864,351	117510

General Services Fund Group	117511

1550	725601	Departmental Projects	$	3,365,651	$	2,725,484	117512
1570	725651	Central Support Indirect	$	5,854,167	$	5,857,800	117513
2040	725687	Information Services	$	4,659,276	$	4,643,835	117514
2070	725690	Real Estate Services	$	128,040	$	128,040	117515
2230	725665	Law Enforcement Administration	$	2,106,776	$	2,126,432	117516
2270	725406	Parks Projects Personnel	$	436,500	$	436,500	117517
4300	725671	Canal Lands	$	907,618	$	907,879	117518
4D50	725618	Recycled Materials	$	50,000	$	50,000	117519
4S90	725622	NatureWorks Personnel	$	400,358	$	400,358	117520
4X80	725662	Water Resources Council	$	138,011	$	138,005	117521
5100	725631	Maintenance - State-owned Residences	$	303,611	$	303,611	117522
5160	725620	Water Management	$	2,541,565	$	2,559,292	117523
6350	725664	Fountain Square Facilities Management	$	3,544,623	$	3,548,445	117524
6970	725670	Submerged Lands	$	836,162	$	848,546	117525
TOTAL GSF General Services							117526
Fund Group			$	25,272,358	$	24,674,227	117527

Federal Special Revenue Fund Group	117528

3320	725669	Federal Mine Safety Grant	$	258,102	$	258,102	117529
3B30	725640	Federal Forest Pass-Thru	$	600,000	$	600,000	117530
3B40	725641	Federal Flood Pass-Thru	$	600,000	$	600,000	117531
3B50	725645	Federal Abandoned Mine Lands	$	21,007,667	$	21,207,667	117532
3B60	725653	Federal Land and Water Conservation Grants	$	1,150,000	$	1,150,000	117533
3B70	725654	Reclamation - Regulatory	$	3,200,000	$	3,200,000	117534
3P10	725632	Geological Survey - Federal	$	692,401	$	692,401	117535
3P20	725642	Oil and Gas-Federal	$	234,509	$	234,509	117536
3P30	725650	Coastal Management - Federal	$	3,290,633	$	3,290,633	117537
3P40	725660	Federal - Soil and Water Resources	$	1,213,048	$	1,209,957	117538
3R50	725673	Acid Mine Drainage Abatement/Treatment	$	2,025,001	$	2,025,001	117539
3Z50	725657	Federal Recreation and Trails	$	1,850,000	$	1,850,000	117540
TOTAL FED Federal Special Revenue							117541
Fund Group			$	36,121,361	$	36,318,270	117542

State Special Revenue Fund Group	117543

4J20	725628	Injection Well Review	$	130,899	$	128,466	117544
4M70	725686	Wildfire Suppression	$	100,000	$	100,000	117545
4U60	725668	Scenic Rivers Protection	$	100,000	$	100,000	117546
5090	725602	State Forest	$	7,891,747	$	7,058,793	117547
5110	725646	Ohio Geological Mapping	$	704,777	$	705,130	117548
5120	725605	State Parks Operations	$	32,284,117	$	31,550,444	117549
5140	725606	Lake Erie Shoreline	$	1,502,654	$	1,505,983	117550
5180	725643	Oil and Gas Permit Fees	$	4,871,970	$	4,873,645	117551
5180	725677	Oil and Gas Well Plugging	$	800,000	$	800,000	117552
5210	725627	Off-Road Vehicle Trails	$	143,490	$	143,490	117553
5220	725656	Natural Areas and Preserves	$	546,580	$	546,639	117554
5260	725610	Strip Mining Administration Fee	$	2,000,000	$	2,000,000	117555
5270	725637	Surface Mining Administration	$	1,940,977	$	1,941,532	117556
5290	725639	Unreclaimed Land Fund	$	2,004,180	$	2,004,180	117557
5310	725648	Reclamation Forfeiture	$	1,423,000	$	1,423,000	117558
5320	725644	Litter Control and Recycling	$	4,926,730	$	4,911,575	117559
5860	725633	Scrap Tire Program	$	1,497,645	$	1,497,645	117560
5B30	725674	Mining Regulation	$	28,135	$	28,135	117561
5BV0	725683	Soil and Water Districts	$	8,000,000	$	8,000,000	117562
5CU0	725647	Mine Safety	$	3,000,000	$	3,000,000	117563
5EJ0	725608	Forestry Law Enforcement	$	1,000	$	1,000	117564
5EK0	725611	Natural Areas & Preserves Law Enforcement	$	1,000	$	1,000	117565
5EL0	725612	Wildlife Law Enforcement	$	12,000	$	12,000	117566
5EM0	725613	Park Law Enforcement	$	34,000	$	34,000	117567
5EN0	725614	Watercraft Law Enforcement	$	2,500	$	2,500	117568
5HK0	725625	Ohio Nature Preserves	$	1,000	$	1,000	117569
6150	725661	Dam Safety	$	925,344	$	926,028	117570
TOTAL SSR State Special Revenue							117571
Fund Group			$	74,873,745	$	73,296,185	117572

Clean Ohio Conservation Fund Group	117573

7061	725405		Clean Ohio Operating		$	300,775		$	300,775		117574
TOTAL CLF Clean Ohio Conservation Fund Group					$	300,775		$	300,775		117575

Wildlife Fund Group	117576

5P20	725634	Wildlife Boater Angler Administration	$	4,000,000	$	4,000,000	117577
7015	740401	Division of Wildlife Conservation	$	52,721,044	$	51,669,158	117578
8150	725636	Cooperative Management Projects	$	120,449	$	120,449	117579
8160	725649	Wetlands Habitat	$	966,885	$	966,885	117580
8170	725655	Wildlife Conservation Checkoff Fund	$	3,240,000	$	3,240,000	117581
8180	725629	Cooperative Fisheries Research	$	1,500,000	$	1,500,000	117582
8190	725685	Ohio River Management	$	128,584	$	128,584	117583
TOTAL WLF Wildlife Fund Group			$	62,676,962	$	61,625,076	117584

Waterways Safety Fund Group	117585

7086	725414	Waterways Improvement	$	4,192,601	$	4,193,671	117586
7086	725418	Buoy Placement	$	52,182	$	52,182	117587
7086	725501	Waterway Safety Grants	$	120,000	$	120,000	117588
7086	725506	Watercraft Marine Patrol	$	576,153	$	576,153	117589
7086	725513	Watercraft Educational Grants	$	366,643	$	366,643	117590
7086	739401	Division of Watercraft	$	18,040,593	$	17,552,370	117591
TOTAL WSF Waterways Safety Fund							117592
Group			$	23,348,172	$	22,861,019	117593

Accrued Leave Liability Fund Group	117594

4M80	725675	FOP Contract	$	20,219	$	20,219	117595
TOTAL ALF Accrued Leave							117596
Liability Fund Group			$	20,219	$	20,219	117597

Holding Account Redistribution Fund Group	117598

R017	725659	Performance Cash Bond Refunds	$	296,263	$	296,263	117599
R043	725624	Forestry	$	2,000,000	$	2,154,750	117600
TOTAL 090 Holding Account							117601
Redistribution Fund Group			$	2,296,263	$	2,451,013	117602
TOTAL ALL BUDGET FUND GROUPS			$	298,768,631	$	314,411,135	117603

Section 343.20. CENTRAL SUPPORT INDIRECT

117605

With the exception of the Division of Wildlife, whose direct	117606
and indirect central support charges shall be paid out of the	117607
General Revenue Fund from the foregoing appropriation item 725401,	117608
Wildlife-GRF Central Support, the Department of Natural Resources,	117609
with approval of the Director of Budget and Management, shall	117610
utilize a methodology for determining each division's payments	117611
into the Central Support Indirect Fund (Fund 1570). The	117612
methodology used shall contain the characteristics of	117613
administrative ease and uniform application in compliance with	117614
federal grant requirements. It may include direct cost charges for	117615
specific services provided. Payments to Fund 1570 shall be made	117616
using an intrastate transfer voucher.	117617

Section 343.30. WELL LOG FILING FEES

117618

The Chief of the Division of Soil and Water Resources shall	117619
deposit fees forwarded to the Division pursuant to section 1521.05	117620
of the Revised Code into the Departmental Services – Intrastate	117621
Fund (Fund 1550) for the purposes described in that section.	117622

Section 343.40. LEASE RENTAL PAYMENTS

117623

The foregoing appropriation item 725413, Lease Rental	117624
Payments, shall be used to meet all payments at the times they are	117625
required to be made during the period from July 1, 2011, through	117626
June 30, 2013, by the Department of Natural Resources pursuant to	117627
leases and agreements made under section 154.22 of the Revised	117628
Code. These appropriations are the source of funds pledged for	117629
bond service charges or obligations issued pursuant to Chapter	117630
154. of the Revised Code.	117631

CANAL LANDS

117632

The foregoing appropriation item 725456, Canal Lands, shall	117633
be used to transfer funds to the Canal Lands Fund (Fund 4300) to	117634
provide operating expenses for the State Canal Lands Program. The	117635
transfer shall be made using an intrastate transfer voucher and	117636
shall be subject to the approval of the Director of Budget and	117637
Management.	117638

NATURAL RESOURCES GENERAL OBLIGATION DEBT SERVICE

117639

The foregoing appropriation item 725903, Natural Resources	117640
General Obligation Debt Service, shall be used to pay all debt	117641
service and related financing costs during the period July 1,	117642
2011, through June 30, 2013, on obligations issued under sections	117643
151.01 and 151.05 of the Revised Code.	117644

Section 343.40.10. LAW ENFORCEMENT ADMINISTRATION

117645

The foregoing appropriation item 725665, Law Enforcement	117646
Administration, shall be used to cover the cost of support,	117647
coordination, and oversight of the Department of Natural	117648
Resources' law enforcement functions. The Law Enforcement	117649
Administration Fund (Fund 2230) shall consist of cash transferred	117650
to it via intrastate transfer voucher from other funds as	117651
determined by the Director of Natural Resources and the Director	117652
of Budget and Management.	117653

Section 343.40.20. FOUNTAIN SQUARE

117654

The foregoing appropriation item 725664, Fountain Square	117655
Facilities Management, shall be used for payment of repairs,	117656
renovation, utilities, property management, and building	117657
maintenance expenses for the Fountain Square complex. Cash	117658
transferred by intrastate transfer vouchers from various	117659
department funds and rental income received by the Department of	117660
Natural Resources shall be deposited into the Fountain Square	117661
Facilities Management Fund (Fund 6350).	117662

Section 343.40.30. SOIL AND WATER DISTRICTS

117663

In addition to state payments to soil and water conservation	117664
districts authorized by section 1515.10 of the Revised Code, the	117665
Department of Natural Resources may use appropriation item 725683,	117666
Soil and Water Districts, to pay any soil and water conservation	117667
district an annual amount not to exceed $40,000, upon receipt of a	117668
request and justification from the district and approval by the	117669
Ohio Soil and Water Conservation Commission. The county auditor	117670
shall credit the payments to the special fund established under	117671
section 1515.10 of the Revised Code for the local soil and water	117672
conservation district. Moneys received by each district shall be	117673
expended for the purposes of the district.	117674

OIL AND GAS WELL PLUGGING

117675

The foregoing appropriation item 725677, Oil and Gas Well	117676
Plugging, shall be used exclusively for the purposes of plugging	117677
wells and to properly restore the land surface of idle and orphan	117678
oil and gas wells pursuant to section 1509.071 of the Revised	117679
Code. No funds from the appropriation item shall be used for	117680
salaries, maintenance, equipment, or other administrative	117681
purposes, except for those costs directly attributed to the	117682
plugging of an idle or orphan well. This appropriation item shall	117683
not be used to transfer cash to any other fund or appropriation	117684
item.	117685

LITTER CONTROL AND RECYCLING

117686

Of the foregoing appropriation item 725644, Litter Control	117687
and Recycling, up to $1,500,000 may be used in each fiscal year	117688
for the administration of the Recycling and Litter Prevention	117689
Program.	117690

Section 343.40.40. CLEAN OHIO OPERATING EXPENSES

117691

The foregoing appropriation item 725405, Clean Ohio	117692
Operating, shall be used by the Department of Natural Resources in	117693
administering Clean Ohio Trail Fund (Fund 7061) projects pursuant	117694
to section 1519.05 of the Revised Code.	117695

Section 343.40.50. WATERCRAFT MARINE PATROL

117696

Of the foregoing appropriation item 739401, Division of	117697
Watercraft, up to $200,000 in each fiscal year shall be expended	117698
for the purchase of equipment for marine patrols qualifying for	117699
funding from the Department of Natural Resources pursuant to	117700
section 1547.67 of the Revised Code. Proposals for equipment shall	117701
accompany the submission of documentation for receipt of a marine	117702
patrol subsidy pursuant to section 1547.67 of the Revised Code and	117703
shall be loaned to eligible marine patrols pursuant to a	117704
cooperative agreement between the Department of Natural Resources	117705
and the eligible marine patrol.	117706

Section 343.40.60. TRANSFER FOR CAESAR CREEK MARINA

117707

On July 1, 2011, or as soon as possible thereafter, the	117708
Director of Natural Resources may request the Director of Budget	117709
and Management to transfer up to $4,000,000 in cash from the	117710
Watercraft Revolving Loan Fund (Fund 5AW0) to the Waterways Safety	117711
Fund (Fund 7086) to support a marina project at Caesar Creek State	117712
Park.	117713

Section 343.50. PARKS CAPITAL EXPENSES FUND

117714

The Director of Natural Resources shall submit to the	117715
Director of Budget and Management the estimated design,	117716
engineering, and planning costs of capital-related work to be done	117717
by Department of Natural Resources staff for parks projects within	117718
the Ohio Parks and Recreation Improvement Fund (Fund 7035). If the	117719
Director of Budget and Management approves the estimated costs,	117720
the Director may release appropriations from appropriation item	117721
C725E6, Project Planning, Fund 7035, for those purposes. Upon	117722
release of the appropriations, the Department of Natural Resources	117723
shall pay for these expenses from the Parks Capital Expenses Fund	117724
(Fund 2270). Expenses paid from Fund 2270 shall be reimbursed by	117725
Fund 7035 using an intrastate transfer voucher.	117726

NATUREWORKS CAPITAL EXPENSES FUND

117727

The Department of Natural Resources shall periodically	117728
prepare and submit to the Director of Budget and Management the	117729
estimated design, planning, and engineering costs of	117730
capital-related work to be done by Department of Natural Resources	117731
staff for each capital improvement project within the Ohio Parks	117732
and Natural Resources Fund (Fund 7031). If the Director of Budget	117733
and Management approves the estimated costs, the Director may	117734
release appropriations from appropriation item C725E5, Project	117735
Planning, in Fund 7031, for those purposes. Upon release of the	117736
appropriations, the Department of Natural Resources shall pay for	117737
these expenses from the Capital Expenses Fund (Fund 4S90).	117738
Expenses paid from Fund 4S90 shall be reimbursed by Fund 7031 by	117739
using an intrastate transfer voucher.	117740

Section 345.10. NUR STATE BOARD OF NURSING

117741

General Services Fund Group	117742

4K90	884609	Operating Expenses	$	6,943,322	$	6,680,896	117743
5AC0	884602	Nurse Education Grant Program	$	1,373,506	$	1,373,506	117744
5P80	884601	Nursing Special Issues	$	5,000	$	5,000	117745
TOTAL GSF General Services							117746
Fund Group			$	8,321,828	$	8,059,402	117747
TOTAL ALL BUDGET FUND GROUPS			$	8,321,828	$	8,059,402	117748

Section 347.10. PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY,	117750
AND ATHLETIC TRAINERS BOARD	117751

General Services Fund Group	117752

4K90	890609	Operating Expenses	$	874,087	$	866,169	117753
TOTAL GSF General Services Fund Group			$	874,087	$	866,169	117754
TOTAL ALL BUDGET FUND GROUPS			$	874,087	$	866,169	117755

Section 349.10. OLA OHIOANA LIBRARY ASSOCIATION

117757

General Revenue Fund	117758

GRF	355501	Library Subsidy	$	120,000	$	120,000	117759
TOTAL GRF General Revenue Fund			$	120,000	$	120,000	117760
TOTAL ALL BUDGET FUND GROUPS			$	120,000	$	120,000	117761

Section 351.10. ODB OHIO OPTICAL DISPENSERS BOARD

117763

General Services Fund Group	117764

4K90	894609	Operating Expenses	$	357,039	$	347,300	117765
TOTAL GSF General Services							117766
Fund Group			$	357,039	$	347,300	117767
TOTAL ALL BUDGET FUND GROUPS			$	357,039	$	347,300	117768

Section 353.10. OPT STATE BOARD OF OPTOMETRY

117770

General Services Fund Group	117771

4K90	885609	Operating Expenses	$	356,914	$	347,278	117772
TOTAL GSF General Services							117773
Fund Group			$	356,914	$	347,278	117774
TOTAL ALL BUDGET FUND GROUPS			$	356,914	$	347,278	117775

Section 355.10. OPP STATE BOARD OF ORTHOTICS, PROSTHETICS,	117777
AND PEDORTHICS	117778

General Services Fund Group	117779

4K90	973609	Operating Expenses	$	126,340	$	114,218	117780
TOTAL GSF General Services							117781
Fund Group			$	126,340	$	114,218	117782
TOTAL ALL BUDGET FUND GROUPS			$	126,340	$	114,218	117783

Section 357.10. UST PETROLEUM UNDERGROUND STORAGE TANK	117784
RELEASE COMPENSATION BOARD	117785

Agency Fund Group	117786

6910	810632	PUSTRCB Staff	$	1,162,179	$	1,123,014	117787
TOTAL AGY Agency Fund Group			$	1,162,179	$	1,123,014	117788
TOTAL ALL BUDGET FUND GROUPS			$	1,162,179	$	1,123,014	117789

Section 359.10. PRX STATE BOARD OF PHARMACY

117791

General Services Fund Group	117792

4A50	887605	Drug Law Enforcement	$	75,500	$	75,500	117793
4K90	887609	Operating Expenses	$	5,708,498	$	5,801,285	117794
TOTAL GSF General Services Fund Group			$	5,783,998	$	5,876,785	117795

Federal Special Revenue Fund Group	117796

3CT0	887606	2008 Developing/Enhancing PMP	$	70,775	$	0	117797
3DV0	887607	Enhancing Ohio's PMP	$	169,888	$	2,379	117798
3EY0	887603	Administration of PMIX Hub	$	320,637	$	66,335	117799
3EZ0	887610	NASPER 10	$	164,459		27,710	117800
TOTAL FED Federal Special Revenue Fund Group			$	725,759	$	96,424	117801
TOTAL ALL BUDGET FUND GROUPS			$	6,509,757	$	5,973,209	117802

Section 361.10. PSY STATE BOARD OF PSYCHOLOGY

117804

General Services Fund Group	117805

4K90	882609	Operating Expenses	$	525,394	$	535,406	117806
TOTAL GSF General Services							117807
Fund Group			$	525,394	$	535,406	117808
TOTAL ALL BUDGET FUND GROUPS			$	525,394	$	535,406	117809

Section 363.10. PUB OHIO PUBLIC DEFENDER COMMISSION

117811

General Revenue Fund	117812

GRF	019401	State Legal Defense Services	$	2,610,272	$	3,020,855	117813
GRF	019403	Multi-County: State Share	$	338,931	$	406,626	117814
GRF	019404	Trumbull County - State Share	$	99,321	$	119,158	117815
GRF	019405	Training Account	$	50,000	$	50,000	117816
GRF	019501	County Reimbursement	$	2,565,398	$	3,077,786	117817
TOTAL GRF General Revenue Fund			$	5,663,922	$	6,674,425	117818

General Services Fund Group	117819

4070	019604	County Representation	$	231,076	$	231,754	117820
4080	019605	Client Payments	$	1,052,919	$	953,492	117821
5CX0	019617	Civil Case Filing Fee	$	708,654	$	705,713	117822
TOTAL GSF General Services							117823
Fund Group			$	1,992,649	$	1,890,959	117824

Federal Special Revenue Fund Group	117825

3S80	019608	Federal Representation	$	341,733	$	263,431	117826
TOTAL FED Federal Special Revenue							117827
Fund Group			$	341,733	$	263,431	117828

State Special Revenue Fund Group	117829

4C70	019601	Multi-County: County Share	$	3,324,009	$	3,333,014	117830
4N90	019613	Gifts and Grants	$	35,000	$	35,000	117831
4X70	019610	Trumbull County - County Share	$	974,069	$	976,612	117832
5740	019606	Civil Legal Aid	$	24,000,000	$	27,000,000	117833
5DY0	019618	Indigent Defense Support - County Share	$	42,195,000	$	43,125,000	117834
5DY0	019619	Indigent Defense Support Fund - State Office	$	6,521,723	$	6,096,759	117835
TOTAL SSR State Special Revenue							117836
Fund Group			$	77,049,801	$	80,566,385	117837
TOTAL ALL BUDGET FUND GROUPS			$	85,048,105	$	89,395,200	117838

INDIGENT DEFENSE OFFICE

117839

The foregoing appropriation items 019404, Trumbull County -	117840
State Share, and 019610, Trumbull County - County Share, shall be	117841
used to support an indigent defense office for Trumbull County.	117842

MULTI-COUNTY OFFICE

117843

The foregoing appropriation items 019403, Multi-County: State	117844
Share, and 019601, Multi-County: County Share, shall be used to	117845
support the Office of the Ohio Public Defender's Multi-County	117846
Branch Office Program.	117847

TRAINING ACCOUNT

117848

The foregoing appropriation item 019405, Training Account,	117849
shall be used by the Ohio Public Defender to provide legal	117850
training programs at no cost for private appointed counsel who	117851
represent at least one indigent defendant at no cost and for state	117852
and county public defenders and attorneys who contract with the	117853
Ohio Public Defender to provide indigent defense services.	117854

FEDERAL REPRESENTATION

117855

The foregoing appropriation item 019608, Federal	117856
Representation, shall be used to receive reimbursements from the	117857
federal courts when the Ohio Public Defender provides	117858
representation in federal court cases and to support	117859
representation in such cases.	117860

Section 365.10. PUC PUBLIC UTILITIES COMMISSION OF OHIO

117861

General Services Fund Group	117862

5F60	870622	Utility and Railroad Regulation	$	30,637,234	$	31,638,708	117863
5F60	870624	NARUC/NRRI Subsidy	$	158,000	$	158,000	117864
5F60	870625	Motor Transportation Regulation	$	4,976,641	$	5,971,218	117865
5Q50	870626	Telecommunications Relay Service	$	5,000,000	$	5,000,000	117866
TOTAL GSF General Services							117867
Fund Group			$	40,771,875	$	42,767,926	117868

Federal Special Revenue Fund Group	117869

3330	870601	Gas Pipeline Safety	$	597,959	$	597,959	117870
3500	870608	Motor Carrier Safety	$	7,351,660	$	7,351,660	117871
3CU0	870627	Electric Market Modeling	$	91,183	$	0	117872
3EA0	870630	Energy Assurance Planning	$	384,000	$	384,000	117873
3ED0	870631	State Regulators Assistance	$	231,824	$	231,824	117874
3V30	870604	Commercial Vehicle Information Systems/Networks	$	100,000	$	100,000	117875
TOTAL FED Federal Special Revenue							117876
Fund Group			$	8,756,626	$	8,665,443	117877

State Special Revenue Fund Group	117878

4A30	870614	Grade Crossing Protection Devices-State	$	1,347,357	$	1,347,357	117879
4L80	870617	Pipeline Safety-State	$	181,992	$	181,992	117880
4S60	870618	Hazardous Material Registration	$	450,395	$	450,395	117881
4S60	870621	Hazardous Materials Base State Registration	$	373,346	$	373,346	117882
4U80	870620	Civil Forfeitures	$	277,347	$	277,496	117883
5590	870605	Public Utilities Territorial Administration	$	3,880	$	3,880	117884
5600	870607	Special Assessment	$	97,000	$	97,000	117885
5610	870606	Power Siting Board	$	631,508	$	631,618	117886
5BP0	870623	Wireless 9-1-1 Administration	$	36,440,000	$	18,220,000	117887
5HD0	870629	Radioactive Waste Transportation	$	98,800	$	98,800	117888
6380	870611	Biofuels/Municipal Waste Technology	$	570	$	0	117889
6610	870612	Hazardous Materials Transportation	$	898,800	$	898,800	117890
TOTAL SSR State Special Revenue							117891
Fund Group			$	40,800,995	$	22,580,684	117892
TOTAL ALL BUDGET FUND GROUPS			$	90,329,496	$	74,014,053	117893

Section 367.10. PWC PUBLIC WORKS COMMISSION

117895

General Revenue Fund	117896

GRF	150904	Conservation General Obligation Debt Service	$	21,953,000	$	29,297,300	117897
GRF	150907	State Capital Improvements	$	106,770,600	$	215,571,100	117898
		General Obligation Debt Service					117899
TOTAL GRF General Revenue Fund			$	128,723,600	$	244,868,400	117900

State Special Revenue Fund Group	117901

5KJ0	150600		Local Government Integrating and Innovation		$	50,000,000		$	50,000,000		117902
TOTAL SSR State Special Revenue Fund Group					$	50,000,000		$	50,000,000		117903

Clean Ohio Conservation Fund Group	117904

7056	150403		Clean Ohio Operating Expenses		$	300,000		$	288,980		117905
TOTAL 056 Clean Ohio Conservation Fund Group					$	300,000		$	288,980		117906

TOTAL ALL BUDGET FUND GROUPS

179,023,600

295,157,380

117907

CONSERVATION GENERAL OBLIGATION DEBT SERVICE

117908

The foregoing appropriation item 150904, Conservation General	117909
Obligation Debt Service, shall be used to pay all debt service and	117910
related financing costs during the period from July 1, 2011,	117911
through June 30, 2013, at the times they are required to be made	117912
for obligations issued under sections 151.01 and 151.09 of the	117913
Revised Code.	117914

STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE

117915

The foregoing appropriation item 150907, State Capital	117916
Improvements General Obligation Debt Service, shall be used to pay	117917
all debt service and related financing costs during the period	117918
from July 1, 2011, through June 30, 2013, at the times they are	117919
required to be made for obligations issued under sections 151.01	117920
and 151.08 of the Revised Code.	117921

LOCAL GOVERNMENT INTEGRATING AND INNOVATION

117922

The foregoing appropriation item 150600, Local Government	117923
Integrating and Innovation, shall be used to make awards to	117924
political subdivisions pursuant to section 164.30 of the Revised	117925
Code.	117926

CLEAN OHIO OPERATING EXPENSES

117927

The foregoing appropriation item 150403, Clean Ohio Operating	117928
Expenses, shall be used by the Ohio Public Works Commission in	117929
administering Clean Ohio Conservation Fund (Fund 7056) projects	117930
pursuant to sections 164.20 to 164.27 of the Revised Code.	117931

REIMBURSEMENT TO THE GENERAL REVENUE FUND

117932

(A) On or before July 15, 2013, the Director of the Public	117933
Works Commission shall certify to the Director of Budget and	117934
Management the following:	117935

(1) The total amount disbursed from appropriation item	117936
700409, Farmland Preservation, during the FY 2012-FY 2013	117937
biennium; and	117938

(2) The amount of interest earnings that have been credited	117939
to the Clean Ohio Conservation Fund (Fund 7056) that are in excess	117940
of the amount needed for other purposes as calculated by the	117941
Director of the Public Works Commission.	117942

(B) If the Director of Budget and Management determines under	117943
division (A)(2) of this section that there are excess interest	117944
earnings, the Director of Budget and Management shall, on or	117945
before July 15, 2013, transfer the excess interest earnings to the	117946
General Revenue Fund in an amount equal to the total amount	117947
disbursed under division (A)(1) of this section from the Clean	117948
Ohio Conservation Fund (Fund 7056).	117949

Section 369.10. RAC STATE RACING COMMISSION

117950

State Special Revenue Fund Group	117951

5620	875601	Thoroughbred Race Fund	$	1,796,328	$	1,696,456	117952
5630	875602	Standardbred Development Fund	$	1,697,418	$	1,697,452	117953
5640	875603	Quarter Horse Development Fund	$	1,000	$	1,000	117954
5650	875604	Racing Commission Operating	$	3,095,331	$	2,934,178	117955
5C40	875607	Simulcast Horse Racing Purse	$	12,000,000	$	12,000,000	117956
TOTAL SSR State Special Revenue							117957
Fund Group			$	18,590,078	$	18,329,087	117958

Holding Account Redistribution Fund Group	117959

R021	875605	Bond Reimbursements	$	100,000	$	100,000	117960
TOTAL 090 Holding Account Redistribution							117961
Fund Group			$	100,000	$	100,000	117962
TOTAL ALL BUDGET FUND GROUPS			$	18,690,078	$	18,429,087	117963

Section 371.10. BOR BOARD OF REGENTS

117965

General Revenue Fund	117966

GRF	235321	Operating Expenses	$	2,300,000	$	2,300,000	117967
GRF	235401	Lease Rental Payments	$	83,151,600	$	57,634,400	117968
GRF	235402	Sea Grants	$	285,000	$	285,000	117969
GRF	235406	Articulation and Transfer	$	2,000,000	$	2,000,000	117970
GRF	235408	Midwest Higher Education Compact	$	95,000	$	95,000	117971
GRF	235409	Information System	$	800,000	$	800,000	117972
GRF	235414	State Grants and Scholarship Administration	$	1,230,000	$	1,230,000	117973
GRF	235417	Ohio Learning Network	$	2,532,688	$	2,532,688	117974
GRF	235428	Appalachian New Economy Partnership	$	737,366	$	737,366	117975
GRF	235433	Economic Growth Challenge	$	440,000	$	440,000	117976
GRF	235438	Choose Ohio First Scholarship	$	15,750,085	$	15,750,085	117977
GRF	235443	Adult Basic and Literacy Education - State	$	6,302,416	$	6,302,416	117978
GRF	235444	Post-Secondary Adult Career-Technical Education	$	15,317,547	$	15,317,547	117979
GRF	235474	Area Health Education Centers Program Support	$	900,000	$	900,000	117980
GRF	235501	State Share of Instruction	$	1,735,530,031	$	1,751,225,497	117981
GRF	235502	Student Support Services	$	632,974	$	632,974	117982
GRF	235504	War Orphans Scholarships	$	4,787,833	$	4,787,833	117983
GRF	235507	OhioLINK	$	6,100,000	$	6,100,000	117984
GRF	235508	Air Force Institute of Technology	$	1,740,803	$	1,740,803	117985
GRF	235510	Ohio Supercomputer Center	$	3,347,418	$	3,347,418	117986
GRF	235511	Cooperative Extension Service	$	22,220,910	$	22,220,910	117987
GRF	235514	Central State Supplement	$	11,503,651	$	10,928,468	117988
GRF	235515	Case Western Reserve University School of Medicine	$	2,146,253	$	2,146,253	117989
GRF	235519	Family Practice	$	3,166,185	$	3,166,185	117990
GRF	235520	Shawnee State Supplement	$	2,448,523	$	2,326,097	117991
GRF	235524	Police and Fire Protection	$	107,814	$	107,814	117992
GRF	235525	Geriatric Medicine	$	522,151	$	522,151	117993
GRF	235526	Primary Care Residencies	$	1,500,000	$	1,500,000	117994
GRF	235535	Ohio Agricultural Research and Development Center	$	33,100,000	$	33,100,000	117995
GRF	235536	The Ohio State University Clinical Teaching	$	9,668,941	$	9,668,941	117996
GRF	235537	University of Cincinnati Clinical Teaching	$	7,952,573	$	7,952,573	117997
GRF	235538	University of Toledo Clinical Teaching	$	6,198,600	$	6,198,600	117998
GRF	235539	Wright State University Clinical Teaching	$	3,011,400	$	3,011,400	117999
GRF	235540	Ohio University Clinical Teaching	$	2,911,212	$	2,911,212	118000
GRF	235541	Northeastern Ohio Universities College of Medicine Clinical Teaching	$	2,994,178	$	2,994,178	118001
GRF	235552	Capital Component	$	20,638,274	$	20,638,274	118002
GRF	235555	Library Depositories	$	1,440,342	$	1,440,342	118003
GRF	235556	Ohio Academic Resources Network	$	3,172,519	$	3,172,519	118004
GRF	235558	Long-term Care Research	$	195,300	$	195,300	118005
GRF	235563	Ohio College Opportunity Grant	$	86,284,265	$	86,284,265	118006
GRF	235572	The Ohio State University Clinic Support	$	766,533	$	766,533	118007
GRF	235599	National Guard Scholarship Program	$	16,912,271	$	16,912,271	118008
GRF	235909	Higher Education General Obligation Debt Service	$	108,262,500	$	201,555,000	118009
TOTAL GRF General Revenue Fund			$	2,231,105,156	$	2,313,878,313	118010

General Services Fund Group	118011

2200	235614	Program Approval and Reauthorization	$	1,311,567	$	1,457,959	118012
4560	235603	Sales and Services	$	199,250	$	199,250	118013
5JC0	235649	Co-op Internship Program	$	14,000,000		14,000,000	118014
TOTAL GSF General Services							118015
Fund Group			$	15,510,817	$	15,657,209	118016

Federal Special Revenue Fund Group	118017

3120	235609	Tech Prep	$	183,850	$	183,850	118018
3120	235611	Gear-up Grant	$	3,900,000	$	3,900,000	118019
3120	235612	Carl D. Perkins Grant/Plan Administration	$	912,961	$	912,961	118020
3120	235617	Improving Teacher Quality Grant	$	3,200,000	$	3,200,000	118021
3120	235641	Adult Basic and Literacy Education - Federal	$	14,835,671	$	14,835,671	118022
3120	235659	Race to the Top Scholarship Program	$	2,400,000	$	3,780,000	118023
3120	235660	Race to the Top Educator Preparation Reform Initiative	$	448,000	$	1,120,000	118024
3120	235661	Americorps Grant	$	260,000	$	260,000	118025
3H20	235608	Human Services Project	$	3,500,000	$	3,500,000	118026
3N60	235638	College Access Challenge Grant	$	4,381,431	$	4,381,431	118027
TOTAL FED Federal Special Revenue							118028
Fund Group			$	34,021,913	$	36,073,913	118029

State Special Revenue Fund Group	118030

4E80	235602	Higher Educational Facility Commission Administration	$	29,100	$	29,100	118031
5FR0	235640	Joyce Foundation Grant	$	919,719	$	919,719	118032
5FR0	235647	Developmental Education Initiatives	$	135,000	$	135,000	118033
5FR0	235657	Win-Win Grant	$	37,000	$	15,000	118034
5P30	235663	Variable Savings Plan	$	8,946,994	$	9,072,136	118035
6450	235664	Guaranteed Savings Plan	$	900,293	$	907,514	118036
6490	235607	The Ohio State University Highway/Transportation Research	$	500,000	$	500,000	118037
6820	235606	Nursing Loan Program	$	891,320	$	891,320	118038
TOTAL SSR State Special Revenue							118039
Fund Group			$	12,359,426	$	12,469,789	118040

Third Frontier Research & Development Fund Group	118041

7011	235634	Research Incentive Third Frontier Fund	$	8,000,000	$	8,000,000	118042
TOTAL 011 Third Frontier Research & Development Fund Group			$	8,000,000	$	8,000,000	118043
TOTAL ALL BUDGET FUND GROUPS			$	2,300,997,312	$	2,386,079,224	118044

Section 371.10.10. LEASE RENTAL PAYMENTS

118046

The foregoing appropriation item 235401, Lease Rental	118047
Payments, shall be used to meet all payments at the times they are	118048
required to be made during the period from July 1, 2011, through	118049
June 30, 2013, by the Chancellor of the Board of Regents under	118050
leases and agreements made under section 154.21 of the Revised	118051
Code. These appropriations are the source of funds pledged for	118052
bond service charges or obligations issued pursuant to Chapter	118053
154. of the Revised Code.	118054

Section 371.10.20. SEA GRANTS

118055

The foregoing appropriation item 235402, Sea Grants, shall be	118056
used as required matching Funds by The Ohio State University's Sea	118057
Grant program to enhance the economic value, public utilization,	118058
and responsible management of Lake Erie and Ohio's coastal	118059
resources.	118060

Section 371.10.30. ARTICULATION AND TRANSFER

118061

The foregoing appropriation item 235406, Articulation and	118062
Transfer, shall be used by the Chancellor of the Board of Regents	118063
to maintain and expand the work of the Articulation and Transfer	118064
Council to develop a system of transfer policies to ensure that	118065
students at state institutions of higher education can transfer	118066
and have coursework apply to their majors and degrees at any other	118067
state institution of higher education without unnecessary	118068
duplication or institutional barriers under sections 3333.16,	118069
3333.161, and 3333.162 of the Revised Code.	118070

Section 371.10.40. MIDWEST HIGHER EDUCATION COMPACT

118071

The foregoing appropriation item 235408, Midwest Higher	118072
Education Compact, shall be distributed by the Chancellor of the	118073
Board of Regents under section 3333.40 of the Revised Code.	118074

Section 371.10.50. INFORMATION SYSTEM

118075

The foregoing appropriation item 235409, Information System,	118076
shall be used by the Chancellor of the Board of Regents to support	118077
the development and implementation of information technology	118078
solutions designed to improve the performance and services of the	118079
Chancellor of the Board of Regents and the University System of	118080
Ohio. Information technology solutions shall be provided by the	118081
Ohio Academic Research Network (OARnet).	118082

Section 371.10.60. STATE GRANTS AND SCHOLARSHIP	118083
ADMINISTRATION	118084

The foregoing appropriation item 235414, State Grants and	118085
Scholarship Administration, shall be used by the Chancellor of the	118086
Board of Regents to administer the following student financial aid	118087
programs: Ohio College Opportunity Grant, Ohio War Orphans'	118088
Scholarship, Nurse Education Assistance Loan Program, Ohio Safety	118089
Officers College Memorial Fund, and any other student financial	118090
aid programs created by the General Assembly. The appropriation	118091
item also shall be used to support all state financial aid audits	118092
and student financial aid programs created by Congress, and to	118093
provide fiscal services for the Ohio National Guard Scholarship	118094
Program.	118095

Section 371.10.70. OHIO LEARNING NETWORK

118096

The foregoing appropriation item 235417, Ohio Learning	118097
Network, shall be used by the Chancellor of the Board of Regents	118098
to support the continued implementation of the Ohio Learning	118099
Network, a consortium organized under division (U) of section	118100
3333.04 of the Revised Code to expand access to dual enrollment	118101
opportunities for high school students, as well as adult and	118102
higher education opportunities through technology. The funds shall	118103
be used by the Ohio Learning Network to develop and promote	118104
learning and assessment through the use of technology, to test and	118105
provide advice on emerging learning-directed technologies, and to	118106
facilitate cost-effectiveness through shared educational	118107
technology investments.	118108

Of the foregoing appropriation item 235417, Ohio Learning	118109
Network, up to $250,000 in each fiscal year shall be used by the	118110
Chancellor of the Board of Regents to fund staff support and	118111
operations of the Ohio Digital Learning Task Force established in	118112
Section 371.60.80 of this act.	118113

Section 371.10.80. APPALACHIAN NEW ECONOMY PARTNERSHIP

118114

The foregoing appropriation item 235428, Appalachian New	118115
Economy Partnership, shall be distributed to Ohio University to	118116
continue a multi-campus and multi-agency coordinated effort to	118117
link Appalachia to the new economy. Ohio University shall use	118118
these funds to provide leadership in the development and	118119
implementation of initiatives in the areas of entrepreneurship,	118120
management, education, and technology.	118121

Section 371.10.90. ECONOMIC GROWTH CHALLENGE

118122

The foregoing appropriation item 235433, Economic Growth	118123
Challenge, shall be used for administrative expenses of the	118124
Research Incentive Program and other economic advancement	118125
initiatives undertaken by the Chancellor of the Board of Regents.	118126

The Chancellor of the Board of Regents shall use any	118127
appropriation transfer to the foregoing appropriation item 235433,	118128
Economic Growth Challenge, to enhance the basic research	118129
capabilities of public colleges and universities and accredited	118130
Ohio institutions of higher education holding certificates of	118131
authorization issued under section 1713.02 of the Revised Code, in	118132
order to strengthen academic research for pursuing Ohio's economic	118133
development goals.	118134

Section 371.20.10. CHOOSE OHIO FIRST SCHOLARSHIP

118135

The foregoing appropriation item 235438, Choose Ohio First	118136
Scholarship, shall be used to operate the program prescribed in	118137
sections 3333.60 to 3333.70 of the Revised Code.	118138

An amount equal to the unexpended, unencumbered portion of	118139
the foregoing appropriation item 235438, Choose Ohio First	118140
Scholarship, at the end of fiscal year 2012 is hereby	118141
reappropriated to the Board of Regents for the same purpose for	118142
fiscal year 2013.	118143

Section 371.20.20. ADULT BASIC AND LITERACY EDUCATION

118144

The foregoing appropriation item 235443, Adult Basic and	118145
Literacy Education - State, shall be used to support the adult	118146
basic and literacy education instructional grant program and state	118147
leadership program. The supported programs shall satisfy the state	118148
match and maintenance of effort requirements for the	118149
state-administered grant program.	118150

Section 371.20.30. POST-SECONDARY ADULT CAREER-TECHNICAL	118151
EDUCATION	118152

The foregoing appropriation item 235444, Post-Secondary Adult	118153
Career-Technical Education, shall be used by the Chancellor of the	118154
Board of Regents in each fiscal year to provide post-secondary	118155
adult career-technical education under sections 3313.52 and	118156
3313.53 of the Revised Code.	118157

Section 371.20.40. AREA HEALTH EDUCATION CENTERS

118158

The foregoing appropriation item 235474, Area Health	118159
Education Centers Program Support, shall be used by the Chancellor	118160
of the Board of Regents to support the medical school regional	118161
area health education centers' educational programs for the	118162
continued support of medical and other health professions	118163
education and for support of the Area Health Education Center	118164
Program.	118165

Section 371.20.50. STATE SHARE OF INSTRUCTION FORMULAS

118166

The Chancellor of the Board of Regents shall establish	118167
procedures to allocate the foregoing appropriation item 235501,	118168
State Share of Instruction, based on the formulas, enrollment,	118169
course completion, degree attainment, and student achievement	118170
factors in the instructional models set out in this section.	118171

(A) FULL-TIME EQUIVALENT (FTE) ENROLLMENTS AND COMPLETIONS

118172

(1) As soon as possible during each fiscal year of the	118173
biennium ending June 30, 2013, in accordance with instructions of	118174
the Board of Regents, each state-assisted institution of higher	118175
education shall report its actual enrollment, consistent with the	118176
definitions in the Higher Education Information (HEI) system's	118177
enrollment files, to the Chancellor of the Board of Regents.	118178

(2) In defining the number of full-time equivalent students	118179
for state subsidy purposes, the Chancellor of the Board of Regents	118180
shall exclude all undergraduate students who are not residents of	118181
Ohio, except those charged in-state fees in accordance with	118182
reciprocity agreements made under section 3333.17 of the Revised	118183
Code or employer contracts entered into under section 3333.32 of	118184
the Revised Code.	118185

(3) In calculating the core subsidy entitlements for	118186
university branch and main campuses, the Chancellor of the Board	118187
of Regents shall use the following count of FTE students:	118188

(a) The subsidy eligible enrollments by model shall equal	118189
only those FTE students who successfully complete the course as	118190
defined and reported through the Higher Education Information	118191
(HEI) system course enrollment file;	118192

(b) For those undergraduate FTE students with successful	118193
course completions, identified in division (A)(3)(a) of this	118194
section, that had an expected family contribution less than 2190	118195
or were determined to have been in need of remedial education	118196
shall be defined as at-risk students and shall have their eligible	118197
completions weighted by the following:	118198

(i) Campus-specific course completion rates by model;

118199

(ii) Campus-specific course completion indexes, where the	118200
indexes are calculated based upon the number of at-risk students	118201
enrolled during the 2009-2010 academic year; and	118202

(iii) A statewide average at-risk course completion weight	118203
determined for each subsidy model. The statewide average at-risk	118204
course completion weight shall be determined by calculating the	118205
difference between the percentage of traditional students who	118206
complete a course and the percentage of at-risk students who	118207
complete the same course.	118208

(4) In calculating the core subsidy entitlements for Medical	118209
II models only, students repeating terms may be no more than five	118210
per cent of current year enrollment.	118211

(5) In calculating the core subsidy entitlements for students	118212
enrolled in state-supported law schools, subsidy eligible FTE	118213
completions shall be limited to students identified as residents	118214
of Ohio.	118215

(B) TOTAL COSTS PER FULL-TIME EQUIVALENT STUDENT

118216

For purposes of calculating state share of instruction	118217
allocations, the total instructional costs per full-time	118218
equivalent student shall be:	118219

Model	Fiscal Year 2012	Fiscal Year 2013	118220
ARTS AND HUMANITIES 1	$8,000	$8,207	118221
ARTS AND HUMANITIES 2	$10,757	$11,036	118222
ARTS AND HUMANITIES 3	$13,853	$14,212	118223
ARTS AND HUMANITIES 4	$20,228	$20,751	118224
ARTS AND HUMANITIES 5	$32,605	$33,449	118225
ARTS AND HUMANITIES 6	$38,027	$39,011	118226
BUSINESS, EDUCATION & SOCIAL SCIENCES 1	$7,124	$7,308	118227
BUSINESS, EDUCATION & SOCIAL SCIENCES 2	$8,164	$8,376	118228
BUSINESS, EDUCATION & SOCIAL SCIENCES 3	$10,430	$10,700	118229
BUSINESS, EDUCATION & SOCIAL SCIENCES 4	$12,406	$12,727	118230
BUSINESS, EDUCATION & SOCIAL SCIENCES 5	$19,267	$19,765	118231
BUSINESS, EDUCATION & SOCIAL SCIENCES 6	$22,684	$23,272	118232
BUSINESS, EDUCATION & SOCIAL SCIENCES 7	$29,426	$30,188	118233
MEDICAL 1	$51,214	$52,539	118234
MEDICAL 2	$46,876	$48,089	118235
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1	$7,306	$7,495	118236
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2	$10,242	$10,507	118237
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3	$12,242	$12,559	118238
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4	$15,592	$15,995	118239
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5	$20,250	$20,774	118240
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6	$22,357	$22,935	118241
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7	$28,000	$28,724	118242
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8	$37,731	$38,707	118243
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9	$52,676	$54,039	118244

Doctoral I and Doctoral II models shall be allocated in	118245
accordance with division (D)(2) of this section.	118246

(C) SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICAL,	118247
AND GRADUATE WEIGHTS	118248

For the purpose of implementing the recommendations of the	118249
State Share of Instruction Consultation and the Higher Education	118250
Funding Study Council that priority be given to maintaining state	118251
support for science, technology, engineering, mathematics,	118252
medicine, and graduate programs, the costs in division (B) of this	118253
section shall be weighted by the amounts provided below:	118254

Model	Fiscal Year 2012	Fiscal Year 2013	118255
ARTS AND HUMANITIES 1	1.0000	1.0000	118256
ARTS AND HUMANITIES 2	1.0000	1.0000	118257
ARTS AND HUMANITIES 3	1.0000	1.0000	118258
ARTS AND HUMANITIES 4	1.0000	1.0000	118259
ARTS AND HUMANITIES 5	1.0425	1.0425	118260
ARTS AND HUMANITIES 6	1.0425	1.0425	118261
BUSINESS, EDUCATION & SOCIAL SCIENCES 1	1.0000	1.0000	118262
BUSINESS, EDUCATION & SOCIAL SCIENCES 2	1.0000	1.0000	118263
BUSINESS, EDUCATION & SOCIAL SCIENCES 3	1.0000	1.0000	118264
BUSINESS, EDUCATION & SOCIAL SCIENCES 4	1.0000	1.0000	118265
BUSINESS, EDUCATION & SOCIAL SCIENCES 5	1.0425	1.0425	118266
BUSINESS, EDUCATION & SOCIAL SCIENCES 6	1.0425	1.0425	118267
BUSINESS, EDUCATION & SOCIAL SCIENCES 7	1.0425	1.0425	118268
MEDICAL 1	1.6456	1.6456	118269
MEDICAL 2	1.7462	1.7462	118270
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1	1.0000	1.0000	118271
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2	1.0017	1.0017	118272
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3	1.6150	1.6150	118273
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4	1.6920	1.6920	118274
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5	1.4222	1.4222	118275
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6	1.8798	1.8798	118276
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7	1.4380	1.4380	118277
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8	1.5675	1.5675	118278
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9	1.1361	1.1361	118279

(D) CALCULATION OF STATE SHARE OF INSTRUCTION FORMULA	118280
ENTITLEMENTS AND ADJUSTMENTS	118281

(1) Of the foregoing appropriation item 235501, State Share	118282
of Instruction, 7.5 per cent of the fiscal year 2012 appropriation	118283
and 10 per cent of the fiscal year 2013 appropriation for	118284
state-supported community colleges, state community colleges, and	118285
technical colleges shall be allocated to colleges in proportion to	118286
their share of college student success factors as adopted by the	118287
Chancellor of the Board of Regents in formal communication to the	118288
Controlling Board on August 30, 2010.	118289

(2) Of the foregoing appropriation item 235501, State Share	118290
of Instruction, up to 12.89 per cent of the appropriation for	118291
university main campuses in each fiscal year shall be reserved for	118292
support of doctoral programs to implement the funding	118293
recommendations made by representatives of the universities. The	118294
amount so reserved shall be referred to as the doctoral set-aside.	118295

The doctoral set-aside shall be allocated to universities as	118296
follows:	118297

(a) 70 per cent of the doctoral set-aside in fiscal year 2012	118298
and 60 per cent of the doctoral set-aside in fiscal year 2013	118299
shall be allocated to universities in proportion to their share of	118300
the total number of Doctoral I equivalent FTEs as calculated on an	118301
institutional basis using the greater of the two-year or five-year	118302
FTEs for the period fiscal year 1994 through fiscal year 1998 with	118303
annualized FTEs for fiscal years 1994 through 1997 and all-term	118304
FTEs for fiscal year 1998 as adjusted to reflect the effects of	118305
doctoral review and subsequent changes in Doctoral I equivalent	118306
enrollments. For the purposes of this calculation, Doctoral I	118307
equivalent FTEs shall equal the sum of Doctoral I FTEs plus 1.5	118308
times the sum of Doctoral II FTEs.	118309

(b) 15 per cent of the doctoral set-aside in fiscal year 2012	118310
and 20 per cent of the doctoral set-aside in fiscal year 2013	118311
shall be allocated to universities in proportion to each campus's	118312
share of the total statewide doctoral degrees, weighted by the	118313
cost of the doctoral discipline. In calculating each campus's	118314
doctoral degrees the Chancellor of the Board of Regents shall use	118315
the three-year average doctoral degrees awarded for the three-year	118316
period ending in the prior year.	118317

(c) 7.5 per cent of the doctoral set-aside in fiscal year	118318
2012 and 10 per cent of the doctoral set-aside in fiscal year 2013	118319
shall be allocated to universities in proportion to their share of	118320
research grant activity, using a data collection method that is	118321
reviewed and approved by the presidents of Ohio's doctoral degree	118322
granting universities. In the event that the data collection	118323
method is not available, funding for this component shall be	118324
allocated to universities in proportion to their share of research	118325
grant activity published by the National Science Foundation. Grant	118326
awards from the Department of Health and Human Services shall be	118327
weighted at 50 per cent.	118328

(d) 7.5 per cent of the doctoral set-aside in fiscal year	118329
2012 and 10 per cent of the doctoral set-aside in fiscal year 2013	118330
shall be allocated to universities based on other quality measures	118331
that contribute to the advancement of quality doctoral programs.	118332
These other quality measures shall be identified by the Chancellor	118333
in consultation with universities. If for any reason metrics for	118334
distributing the quality component of the doctoral set-aside are	118335
not identified prior to the fiscal year allocation process, this	118336
portion of the doctoral set-aside funds shall be allocated to	118337
universities based on division (D)(2)(a) of this section.	118338

(3) Of the foregoing appropriation item 235501, State Share	118339
of Instruction, 7.01 per cent of the appropriation for university	118340
main campuses in each fiscal year shall be reserved for support of	118341
Medical II FTEs. The amount so reserved shall be referred to as	118342
the medical II set-aside.	118343

The medical II set-aside shall be allocated to universities	118344
in proportion to their share of the total number of Medical II	118345
FTEs as calculated in division (A) of this section, weighted by	118346
model cost.	118347

The Northeastern Ohio Universities Colleges of Medicine and	118348
Pharmacy (NEOUCOM) may use funds from the addition of 35 medical	118349
students resulting from its partnership with Cleveland State	118350
University to establish the NEOUCOM academic campus at Cleveland	118351
State University to enable 50 per cent or more of the medical	118352
curriculum to be based in Cleveland at Cleveland State University,	118353
local hospitals, and community- and neighborhood-based primary	118354
care clinics. Cleveland State University shall not receive state	118355
capital appropriations to pay for facilities for the academic	118356
campus.	118357

(4) Of the foregoing appropriation item 235501, State Share	118358
of Instruction, 1.61 per cent of the appropriation for university	118359
main campuses in each fiscal year shall be reserved for support of	118360
Medical I FTEs. The amount so reserved shall be referred to as the	118361
medical I set-aside.	118362

The medical I set-aside shall be allocated to universities in	118363
proportion to their share of the total number of Medical I FTEs as	118364
calculated in division (A) of this section.	118365

(5) Of the foregoing appropriation item 235501, State Share	118366
of Instruction, 15 per cent of the fiscal year 2012 appropriation	118367
for university main campuses and 20 per cent of the fiscal year	118368
2013 appropriation for university main campuses shall be reserved	118369
for support of associate, baccalaureate, master's, and	118370
professional level degree attainment.	118371

The degree attainment funding shall be allocated to	118372
universities in proportion to each campus's share of the total	118373
statewide degrees granted, weighted by the cost of the degree	118374
programs.	118375

In calculating the subsidy entitlements for degree attainment	118376
at university main campuses, the Chancellor of the Board of	118377
Regents shall use the following count of degrees and degree costs:	118378

(a) For those associate degrees awarded by a state-supported	118379
university, the subsidy eligible degrees granted are defined as	118380
only those earned by students attending a university that received	118381
funding under GRF appropriation item 235418, Access Challenge, in	118382
fiscal year 2009.	118383

(b) For professional law and legal studies degrees awarded by	118384
a state-supported university, the subsidy-eligible degrees at each	118385
institution shall equal no more than the following:	118386

University of Akron	132	118387
University of Cincinnati	90	118388
Cleveland State University	192	118389
The Ohio State University	149	118390
University of Toledo	134	118391

(c) In calculating each campus's count of degrees, the	118392
Chancellor of the Board of Regents shall use the three-year	118393
average associate, baccalaureate, master's, and professional	118394
degrees awarded for the three-year period ending in the prior	118395
year.	118396

(d) Eligible associate degrees defined in division (D)(5)(a)	118397
of this section and all bachelor's degrees earned by a student	118398
that either had an expected family contribution less than 2190,	118399
was determined to have been in need of remedial education, is	118400
Native American, African American, or Hispanic, or is at least age	118401
26 at the time of graduation, shall be defined as degrees earned	118402
by an at-risk student and shall be weighted by the following:	118403

(i) A campus-specific degree completion index, where the	118404
index is calculated based on the number of at-risk students	118405
enrolled during a two-year degree cohort beginning in fiscal year	118406
2000 or 2001 and earning a degree in eight years or less; and	118407

(ii) A statewide average at-risk completion weight determined	118408
by calculating the difference between the percentage of	118409
traditional students who earned a degree and the percentage of	118410
at-risk students who earned a degree during the same time period.	118411

(6) Each campus's state share of instruction base formula	118412
earnings shall be determined as follows:	118413

(a) For each campus in each fiscal year, the instructional	118414
costs shall be determined by multiplying the amounts listed above	118415
in divisions (B) and (C) of this section by (i) average	118416
subsidy-eligible FTEs for the two-year period ending in the prior	118417
year for all models except Doctoral I and Doctoral II; and (ii)	118418
average subsidy-eligible FTEs for the five-year period ending in	118419
the prior year for all models except Doctoral I and Doctoral II.	118420

(b) The Chancellor of the Board of Regents shall compute the	118421
two calculations listed in division (D)(6)(a) of this section and	118422
use the greater amount as each campus's instructional costs.	118423

(c) The Chancellor of the Board of Regents shall compute a	118424
uniform state share of instructional costs for each sector.	118425

(i) For the state-supported community colleges, state	118426
community colleges, and technical colleges, the Chancellor of the	118427
Board of Regents shall compute the uniform state share of	118428
instructional costs by dividing the sector level appropriation	118429
total as determined by the Chancellor in division (A)(1) of	118430
Section 371.20.60 of this act and adjusted pursuant to divisions	118431
(B) and (C) of Section 371.20.60 of this act, less the student	118432
college success allocation as described in division (D)(1) of this	118433
section, by the sum of all eligible campuses' instructional costs	118434
as calculated in division (D)(6)(b) of this section.	118435

(ii) For the state-supported university branch campuses, the	118436
Chancellor of the Board of Regents shall compute the uniform state	118437
share of instructional costs by dividing the sector level	118438
appropriation, as determined by the Chancellor in division (A)(2)	118439
of Section 371.20.60 of this act and adjusted pursuant to division	118440
(B) of Section 371.20.60 of this act by the sum of all campuses'	118441
instructional costs as calculated in division (D)(6)(b) of this	118442
section.	118443

(iii) For the state-supported university main campuses, the	118444
Chancellor of the Board of Regents shall compute the uniform state	118445
share of instructional costs by dividing the sector level	118446
appropriation, as determined by the Chancellor in division (A)(3)	118447
of Section 371.20.60 of this act and adjusted pursuant to division	118448
(B) of Section 371.20.60 of this act, less the doctoral set-aside,	118449
less the medical I set-aside, less the medical II set-aside, and	118450
less the degree attainment funding as calculated in divisions	118451
(D)(2) to (5) of this section, by the sum of all campuses'	118452
instructional costs as calculated in division (D)(6)(b) of this	118453
section.	118454

(d) The formula entitlement for each sector's campuses shall	118455
be determined by multiplying the uniform state share of	118456
instructional costs calculated in division (D)(6)(c) of this	118457
section by the campus's instructional cost determined in division	118458
(D)(6)(b) of this section.	118459

(7) In addition to the student success allocation, doctoral	118460
set-aside, medical I set-aside, medical II set-aside, and the	118461
degree attainment allocation determined in divisions (D)(1) to (5)	118462
of this section and the formula entitlement determined in division	118463
(D)(6) of this section, an allocation based on facility-based	118464
plant operations and maintenance (POM) subsidy shall be made. For	118465
each eligible campus, the amount of the POM allocation in each	118466
fiscal year shall be distributed based on what each campus	118467
received in the fiscal year 2009 POM allocation.	118468

Any POM allocations required by this division shall be funded	118469
by proportionately reducing formula entitlement earnings,	118470
including the POM allocations, for all campuses in that sector.	118471

(8) STABILITY IN STATE SHARE OF INSTRUCTION FUNDING

118472

(a) In addition to and after the adjustments noted above, in	118473
fiscal year 2012, no campus shall receive a state share of	118474
instruction allocation that is less than the lesser of the	118475
following two amounts, net of funding for the medical II	118476
set-aside:	118477

(i) The prior year's state share of instruction amount	118478
reduced by 3 per cent, or	118479

(ii) The prior year's state share of instruction amount	118480
reduced by a percentage equal to the percentage change from the	118481
prior year in the campus's sector's state share of instruction	118482
funding minus three percentage points. Funds shall be made	118483
available to support this allocation by proportionately reducing	118484
formula entitlement earnings from those campuses, within each	118485
sector, that are not receiving stability funding.	118486

(b) In fiscal year 2013, in addition to and after the	118487
adjustments noted above, no campus shall receive a state share of	118488
instruction allocation that is less than the lesser of the	118489
following two amounts, net of funding for the medical II	118490
set-aside:	118491

(i) The prior year's state share of instruction amount	118492
reduced by 4 per cent, or	118493

(ii) The prior year's state share of instruction amount	118494
reduced by a percentage equal to the percentage change from the	118495
prior year in the campus's sector's state share of instruction	118496
funding minus four percentage points. Funds shall be made	118497
available to support this allocation by proportionately reducing	118498
formula entitlement earnings from those campuses, within each	118499
sector, that are not receiving stability funding.	118500

(c) For main campus universities that operate a medical	118501
school, in fiscal year 2012 no campus shall receive an allocation	118502
for the medical II set-aside that is less than the lesser of the	118503
following amounts:	118504

(i) The prior year's allocation for the medical II set-aside	118505
reduced by 2 per cent, or	118506

(ii) The prior year's allocation for the medical II set-aside	118507
reduced by a percentage equal to the percentage change from the	118508
prior year in the total medical II set-aside minus two percentage	118509
points. Funds shall be made available to support this allocation	118510
by proportionately reducing formula entitlement earnings from	118511
public medical schools, within each sector, that are not receiving	118512
stability funding.	118513

(d) In fiscal year 2013, no main campus university that	118514
operates a medical school shall receive an allocation for the	118515
medical II set-aside that is less than 97 per cent of the prior	118516
year's allocation for the medical II set-aside. Funds shall be	118517
made available to support this allocation by proportionately	118518
reducing formula entitlement earnings from public medical schools,	118519
within each sector, that are not receiving stability funding.	118520

(9) CAPITAL COMPONENT DEDUCTION

118521

After all other adjustments have been made, state share of	118522
instruction earnings shall be reduced for each campus by the	118523
amount, if any, by which debt service charged in Am. H.B. 748 of	118524
the 121st General Assembly, Am. Sub. H.B. 850 of the 122nd General	118525
Assembly, Am. Sub. H.B. 640 of the 123rd General Assembly, H.B.	118526
675 of the 124th General Assembly, Am. Sub. H.B. 16 of the 126th	118527
General Assembly, Am. Sub. H.B. 699 of the 126th General Assembly,	118528
Am. Sub. H.B. 496 of the 127th General Assembly, and Am. Sub. H.B.	118529
562 of the 127th General Assembly for that campus exceeds that	118530
campus's capital component earnings. The sum of the amounts	118531
deducted shall be transferred to appropriation item 235552,	118532
Capital Component, in each fiscal year.	118533

(E) EXCEPTIONAL CIRCUMSTANCES

118534

Adjustments may be made to the state share of instruction	118535
payments and other subsidies distributed by the Chancellor of the	118536
Board of Regents to state-assisted colleges and universities for	118537
exceptional circumstances. No adjustments for exceptional	118538
circumstances may be made without the recommendation of the	118539
Chancellor and the approval of the Controlling Board.	118540

(F) APPROPRIATION REDUCTIONS TO THE STATE SHARE OF	118541
INSTRUCTION	118542

The standard provisions of the state share of instruction	118543
calculation as described in the preceding sections of temporary	118544
law shall apply to any reductions made to appropriation item	118545
235501, State Share of Instruction, before the Chancellor of the	118546
Board of Regents has formally approved the final allocation of the	118547
state share of instruction funds for any fiscal year.	118548

Any reductions made to appropriation item 235501, State Share	118549
of Instruction, after the Chancellor of the Board of Regents has	118550
formally approved the final allocation of the state share of	118551
instruction funds for any fiscal year, shall be uniformly applied	118552
to each campus in proportion to its share of the final allocation.	118553

(G) DISTRIBUTION OF STATE SHARE OF INSTRUCTION

118554

The state share of instruction payments to the institutions	118555
shall be in substantially equal monthly amounts during the fiscal	118556
year, unless otherwise determined by the Director of Budget and	118557
Management pursuant to section 126.09 of the Revised Code.	118558
Payments during the first six months of the fiscal year shall be	118559
based upon the state share of instruction appropriation estimates	118560
made for the various institutions of higher education according to	118561
the Chancellor of the Board of Regents enrollment estimates.	118562
Payments during the last six months of the fiscal year shall be	118563
distributed after approval of the Controlling Board upon the	118564
request of the Chancellor.	118565

Section 371.20.60. STATE SHARE OF INSTRUCTION FOR FISCAL	118566
YEARS 2012 AND 2013	118567

(A) The foregoing appropriation item 235501, State Share of	118568
Instruction, shall be distributed according to the section of this	118569
act entitled "STATE SHARE OF INSTRUCTION FORMULAS."	118570

(1) Of the foregoing appropriation item 235501, State Share	118571
of Instruction, $400,039,672 in fiscal year 2012 and $403,657,477	118572
in fiscal year 2013 shall be distributed to state-supported	118573
community colleges, state community colleges, and technical	118574
colleges.	118575

(2) Of the foregoing appropriation item 235501, State Share	118576
of Instruction, $115,139,824 in fiscal year 2012 and $116,181,104	118577
in fiscal year 2013 shall be distributed to state-supported	118578
university branch campuses.	118579

(3) Of the foregoing appropriation item 235501, State Share	118580
of Instruction, $1,220,350,535 in fiscal year 2012 and	118581
$1,231,386,916 in fiscal year 2013 shall be distributed to	118582
state-supported university main campuses.	118583

(B) Of the amounts earmarked in division (A) of this section,	118584
$60,996,059 in each fiscal year shall be distributed to eligible	118585
colleges and universities based on each campus's share of the	118586
appropriation item 235418, Access Challenge, in fiscal year 2009.	118587

(C) Of the amount earmarked in division (A)(1) of this	118588
section, $10,323,056 in each fiscal year shall be distributed	118589
among state-supported community colleges, state community	118590
colleges, and technical colleges in an amount equal to the amount	118591
each institution received in fiscal year 2009 from the	118592
supplemental tuition subsidy earmarked under Section 375.30.25 of	118593
H.B. 119 of the 127th General Assembly.	118594

(D) The state share of instruction payments to the	118595
institutions shall be in substantially equal monthly amounts	118596
during the fiscal year, unless otherwise determined by the	118597
Director of Budget and Management pursuant to section 126.09 of	118598
the Revised Code. Payments during the last six months of the	118599
fiscal year shall be distributed after approval of the Controlling	118600
Board upon the request of the Chancellor of the Board of Regents.	118601

Section 371.20.65. TRANSFER OF INSTRUCTIONAL SUBSIDIES	118602
BETWEEN UNIVERSITIES	118603

Notwithstanding any provision of law to the contrary, in	118604
consultation with the Chancellor of the Board of Regents, a	118605
state-supported university may request to transfer state share of	118606
instruction subsidy allocations of the foregoing appropriation	118607
item 235501, State Share of Instruction, between a university main	118608
campus and any university branch campus for which the university	118609
main campus is affiliated to best accomplish institutional goals	118610
and objectives. At the request of the Chancellor of the Board of	118611
Regents, the Director of Budget and Management may transfer the	118612
requested amounts of state share of instruction appropriation	118613
allocations between affiliated university branch campuses and	118614
university main campuses.	118615

Section 371.20.70. RESTRICTION ON FEE INCREASES

118616

The boards of trustees of state-assisted institutions of	118617
higher education shall restrain increases in in-state	118618
undergraduate instructional and general fees. Each state-assisted	118619
institution shall not increase its in-state undergraduate	118620
instructional and general fees more than 3.5 per cent over what	118621
the institution charged for the preceding academic year.	118622

These limitations shall not apply to increases required to	118623
comply with institutional covenants related to their obligations	118624
or to meet unfunded legal mandates or legally binding obligations	118625
incurred or commitments made prior to the effective date of this	118626
section with respect to which the institution had identified such	118627
fee increases as the source of funds. Any increase required by	118628
such covenants and any such mandates, obligations, or commitments	118629
shall be reported by the Chancellor of the Board of Regents to the	118630
Controlling Board. These limitations may also be modified by the	118631
Chancellor of the Board of Regents, with the approval of the	118632
Controlling Board, to respond to exceptional circumstances as	118633
identified by the Chancellor of the Board of Regents.	118634

Section 371.20.80. HIGHER EDUCATION - BOARD OF TRUSTEES

118635

(A) Funds appropriated for instructional subsidies at	118636
colleges and universities may be used to provide such branch or	118637
other off-campus undergraduate courses of study and such master's	118638
degree courses of study as may be approved by the Chancellor of	118639
the Board of Regents.	118640

(B) In providing instructional and other services to	118641
students, boards of trustees of state-assisted institutions of	118642
higher education shall supplement state subsidies with income from	118643
charges to students. Except as otherwise provided in this act,	118644
each board shall establish the fees to be charged to all students,	118645
including an instructional fee for educational and associated	118646
operational support of the institution and a general fee for	118647
noninstructional services, including locally financed student	118648
services facilities used for the benefit of enrolled students. The	118649
instructional fee and the general fee shall encompass all charges	118650
for services assessed uniformly to all enrolled students. Each	118651
board may also establish special purpose fees, service charges,	118652
and fines as required; such special purpose fees and service	118653
charges shall be for services or benefits furnished individual	118654
students or specific categories of students and shall not be	118655
applied uniformly to all enrolled students. A tuition surcharge	118656
shall be paid by all students who are not residents of Ohio.	118657

The board of trustees of a state-assisted institution of	118658
higher education shall not authorize a waiver or nonpayment of	118659
instructional fees or general fees for any particular student or	118660
any class of students other than waivers specifically authorized	118661
by law or approved by the Chancellor. This prohibition is not	118662
intended to limit the authority of boards of trustees to provide	118663
for payments to students for services rendered the institution,	118664
nor to prohibit the budgeting of income for staff benefits or for	118665
student assistance in the form of payment of such instructional	118666
and general fees.	118667

Each state-assisted institution of higher education in its	118668
statement of charges to students shall separately identify the	118669
instructional fee, the general fee, the tuition charge, and the	118670
tuition surcharge. Fee charges to students for instruction shall	118671
not be considered to be a price of service but shall be considered	118672
to be an integral part of the state government financing program	118673
in support of higher educational opportunity for students.	118674

(C) The boards of trustees of state-assisted institutions of	118675
higher education shall ensure that faculty members devote a proper	118676
and judicious part of their work week to the actual instruction of	118677
students. Total class credit hours of production per academic term	118678
per full-time faculty member is expected to meet the standards set	118679
forth in the budget data submitted by the Chancellor of the Board	118680
of Regents.	118681

(D) The authority of government vested by law in the boards	118682
of trustees of state-assisted institutions of higher education	118683
shall in fact be exercised by those boards. Boards of trustees may	118684
consult extensively with appropriate student and faculty groups.	118685
Administrative decisions about the utilization of available	118686
resources, about organizational structure, about disciplinary	118687
procedure, about the operation and staffing of all auxiliary	118688
facilities, and about administrative personnel shall be the	118689
exclusive prerogative of boards of trustees. Any delegation of	118690
authority by a board of trustees in other areas of responsibility	118691
shall be accompanied by appropriate standards of guidance	118692
concerning expected objectives in the exercise of such delegated	118693
authority and shall be accompanied by periodic review of the	118694
exercise of this delegated authority to the end that the public	118695
interest, in contrast to any institutional or special interest,	118696
shall be served.	118697

Section 371.20.90. STUDENT SUPPORT SERVICES

118698

The foregoing appropriation item 235502, Student Support	118699
Services, shall be distributed by the Chancellor of the Board of	118700
Regents to Ohio's state-assisted colleges and universities that	118701
incur disproportionate costs in the provision of support services	118702
to disabled students.	118703

Section 371.30.10. WAR ORPHANS SCHOLARSHIPS

118704

The foregoing appropriation item 235504, War Orphans	118705
Scholarships, shall be used to reimburse state-assisted	118706
institutions of higher education for waivers of instructional fees	118707
and general fees provided by them, to provide grants to	118708
institutions that have received a certificate of authorization	118709
from the Chancellor of the Board of Regents under Chapter 1713. of	118710
the Revised Code, in accordance with the provisions of section	118711
5910.04 of the Revised Code, and to fund additional scholarship	118712
benefits provided by section 5910.032 of the Revised Code.	118713

An amount equal to the unexpended, unencumbered portion of	118714
the foregoing appropriation item 235504, War Orphans Scholarships,	118715
at the end of fiscal year 2012 is hereby reappropriated to the	118716
Board of Regents for the same purpose for fiscal year 2013.	118717

Section 371.30.20. OHIOLINK

118718

The foregoing appropriation item 235507, OhioLINK, shall be	118719
used by the Chancellor of the Board of Regents to support	118720
OhioLINK, a consortium organized under division (U) of section	118721
3333.04 of the Revised Code to serve as the state's electronic	118722
library information and retrieval system, which provides access	118723
statewide to an extensive set of electronic databases and	118724
resources and the library holdings of Ohio's public and	118725
participating private nonprofit colleges and universities, and the	118726
State Library of Ohio.	118727

Section 371.30.30. AIR FORCE INSTITUTE OF TECHNOLOGY

118728

The foregoing appropriation item 235508, Air Force Institute	118729
of Technology, shall be used by the director of the Air Force	118730
Institute to: (A) strengthen the research and educational linkages	118731
between the Wright Patterson Air Force Base and institutions of	118732
higher education in Ohio; and (B) support the Dayton Area Graduate	118733
Studies Institute, an engineering graduate consortium of Wright	118734
State University, the University of Dayton, and the Air Force	118735
Institute of Technology, with the participation of the University	118736
of Cincinnati and The Ohio State University.	118737

Section 371.30.40. OHIO SUPERCOMPUTER CENTER

118738

The foregoing appropriation item 235510, Ohio Supercomputer	118739
Center, shall be used by the Chancellor of the Board of Regents to	118740
support the operation of the Ohio Supercomputer Center, a	118741
consortium organized under division (U) of section 3333.04 of the	118742
Revised Code, located at The Ohio State University. The Ohio	118743
Supercomputer Center is a statewide resource available to Ohio	118744
research universities both public and private. It is also intended	118745
that the center be made accessible to private industry as	118746
appropriate.	118747

Funds shall be used, in part, to support the Ohio	118748
Supercomputer Center's Computational Science Initiative, which	118749
includes its industrial outreach program, Blue Collar Computing,	118750
and its School of Computational Science. These collaborations	118751
between the Ohio Supercomputer Center and Ohio's colleges and	118752
universities shall be aimed at making Ohio a leader in using	118753
computer modeling to promote economic development.	118754

Section 371.30.50. COOPERATIVE EXTENSION SERVICE

118755

The foregoing appropriation item 235511, Cooperative	118756
Extension Service, shall be disbursed through the Chancellor of	118757
the Board of Regents to The Ohio State University in monthly	118758
payments, unless otherwise determined by the Director of Budget	118759
and Management under section 126.09 of the Revised Code.	118760

Section 371.30.60. CENTRAL STATE SUPPLEMENT

118761

The Chancellor of the Board of Regents shall, in consultation	118762
with Central State University, develop a plan whereby the	118763
foregoing appropriation item 235514, Central State Supplement,	118764
shall be used in a manner consistent with the goals of increasing	118765
enrollment, improving course completion, and increasing the number	118766
of degrees conferred. The Chancellor shall submit a summary of the	118767
plan to the Speaker of the House of Representatives, the President	118768
of the Senate, and the Governor by December 31, 2011.	118769

The foregoing appropriation item 235514, Central State	118770
Supplement, shall be disbursed by the Chancellor of the Board of	118771
Regents to Central State University. The first two disbursements	118772
in fiscal year 2012 shall be made on a quarterly basis. Beginning	118773
January 1, 2012, the funds shall be disbursed to Central State	118774
University in accordance with the plan developed by the Chancellor	118775
under this section.	118776

The Chancellor shall monitor the implementation of the plan	118777
and the use of funds. Central State University shall provide any	118778
information requested by the Chancellor related to the	118779
implementation of the plan. If the Chancellor determines that	118780
Central State University's use of supplemental funds is not in	118781
accordance with the plan or if the plan is not having the desired	118782
effect, the Chancellor may notify Central State University that	118783
the plan is suspended. Upon receiving such notice, Central State	118784
University shall avoid all unnecessary expenditures under the	118785
plan. The Chancellor shall notify the Controlling Board of the	118786
suspension of the plan and within sixty days prepare a new plan	118787
for the use of any remaining funds.	118788

Section 371.30.63. CENTRAL STATE UNIVERSITY SPEED TO SCALE

118789

Central State University shall continue to support the Speed	118790
to Scale Task Force and the goals of the Speed to Scale Plan,	118791
which include increasing student enrollment through freshman	118792
recruitment and transferred students, increasing the proportion of	118793
in-state students to 80 per cent of the total student population,	118794
and increasing the student retention rates between the first and	118795
second year of college by two per cent each year. The Task Force	118796
shall also develop methods of enhancing Third Frontier	118797
collaborations, enhancing marketing and public relations of	118798
current academic programs, and exploring the possibility of	118799
merger, acquisition, or expansion of Central State University.	118800

The goals shall be accomplished by the targeting of student	118801
retention, improved articulation agreements with two-year	118802
campuses, increased use of alternative course options, including	118803
online coursework and Ohio Learning Network resources, College	118804
Tech Prep, Post Secondary Enrollment Options, and other	118805
dual-credit programs, and strategic partnerships with research	118806
institutions to improve the quality of Central State University's	118807
offering of science, technology, engineering, mathematics, and	118808
medical instruction.	118809

The Speed to Scale Task Force shall meet not less than	118810
quarterly to discuss progress of the plan, including performance	118811
on accountability metrics and issues experienced in planned	118812
efforts, and to monitor and support the creation of partnerships	118813
with other state institutions of higher education. The Task Force	118814
shall consist of the president of Central State University or the	118815
president's designee, the president of Sinclair Community College	118816
or the president's designee, the president of Cincinnati State	118817
Technical and Community College or the president's designee, the	118818
president of Cuyahoga Community College or the president's	118819
designee, the president of The Ohio State University or the	118820
president's designee, the president of the University of	118821
Cincinnati or the president's designee, the president of Wright	118822
State University or the president's designee, one representative	118823
from the Board of Regents, one member of the House of	118824
Representatives appointed by the Speaker of the House of	118825
Representatives, one member of the Senate appointed by the	118826
President of the Senate, the Director of Budget and Management or	118827
the director's designee, and a representative of the Governor's	118828
office appointed by the Governor.	118829

On the thirtieth day of June of each fiscal year, Central	118830
State University and the Speed to Scale Task Force shall jointly	118831
submit to the Governor, the Director of Budget and Management, the	118832
Speaker of the House of Representatives, the President of the	118833
Senate, and the Board of Regents a report describing the status of	118834
their progress on the accountability metrics included in the Speed	118835
to Scale Plan.	118836

Section 371.30.70. CASE WESTERN RESERVE UNIVERSITY SCHOOL OF	118837
MEDICINE	118838

The foregoing appropriation item 235515, Case Western Reserve	118839
University School of Medicine, shall be disbursed to Case Western	118840
Reserve University through the Chancellor of the Board of Regents	118841
in accordance with agreements entered into under section 3333.10	118842
of the Revised Code, provided that the state support per full-time	118843
medical student shall not exceed that provided to full-time	118844
medical students at state universities.	118845

Section 371.30.80. FAMILY PRACTICE

118846

The Chancellor of the Ohio Board of Regents shall develop	118847
plans consistent with existing criteria and guidelines as may be	118848
required for the distribution of appropriation item 235519, Family	118849
Practice.	118850

Section 371.30.90. SHAWNEE STATE SUPPLEMENT

118851

The Chancellor of the Board of Regents shall, in consultation	118852
with Shawnee State University, develop a plan whereby the	118853
foregoing appropriation item 235520, Shawnee State Supplement,	118854
shall be used in a manner consistent with the goals of improving	118855
course completion, increasing the number of degrees conferred, and	118856
furthering the university's mission of service to the Appalachian	118857
region. The Chancellor shall submit a summary of the plan to the	118858
Speaker of the House of Representatives, the President of the	118859
Senate, and the Governor by December 31, 2011.	118860

The foregoing appropriation item 235520, Shawnee State	118861
Supplement, shall be disbursed by the Chancellor of the Board of	118862
Regents to Shawnee State University. The first two disbursements	118863
in fiscal year 2012 shall be made on a quarterly basis. Beginning	118864
January 1, 2012, the funds shall be disbursed to Shawnee State	118865
University in accordance with the plan developed by the Chancellor	118866
under this section.	118867

The Chancellor shall monitor the implementation of the plan	118868
and the use of funds. Shawnee State University shall provide any	118869
information requested by the Chancellor related to the	118870
implementation of the plan. If the Chancellor determines that	118871
Shawnee State University's use of supplemental funds is not in	118872
accordance with the plan or if the plan is not having the desired	118873
effect, the Chancellor may notify Shawnee State University that	118874
the plan is suspended. Upon receiving such notice, Shawnee State	118875
University shall avoid all unnecessary expenditures under the	118876
plan. The Chancellor shall notify the Controlling Board of the	118877
suspension of the plan and within sixty days prepare a new plan	118878
for the use of any remaining funds.	118879

Section 371.40.10. POLICE AND FIRE PROTECTION

118880

The foregoing appropriation item 235524, Police and Fire	118881
Protection, shall be used for police and fire services in the	118882
municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green,	118883
Portsmouth, Xenia Township (Greene County), Rootstown Township,	118884
and the City of Nelsonville that may be used to assist these local	118885
governments in providing police and fire protection for the	118886
central campus of the state-affiliated university located therein.	118887

Section 371.40.20. GERIATRIC MEDICINE

118888

The Chancellor of the Board of Regents shall develop plans	118889
consistent with existing criteria and guidelines as may be	118890
required for the distribution of appropriation item 235525,	118891
Geriatric Medicine.	118892

Section 371.40.30. PRIMARY CARE RESIDENCIES

118893

The Chancellor of the Board of Regents shall develop plans	118894
consistent with existing criteria and guidelines as may be	118895
required for the distribution of appropriation item 235526,	118896
Primary Care Residencies.	118897

The foregoing appropriation item 235526, Primary Care	118898
Residencies, shall be distributed in each fiscal year of the	118899
biennium, based on whether or not the institution has submitted	118900
and gained approval for a plan. If the institution does not have	118901
an approved plan, it shall receive five per cent less funding per	118902
student than it would have received from its annual allocation.	118903
The remaining funding shall be distributed among those	118904
institutions that meet or exceed their targets.	118905

Section 371.40.40. OHIO AGRICULTURAL RESEARCH AND DEVELOPMENT	118906
CENTER	118907

The foregoing appropriation item 235535, Ohio Agricultural	118908
Research and Development Center, shall be disbursed through the	118909
Chancellor of the Board of Regents to The Ohio State University in	118910
monthly payments, unless otherwise determined by the Director of	118911
Budget and Management under section 126.09 of the Revised Code.	118912
The Ohio Agricultural Research and Development Center shall not be	118913
required to remit payment to The Ohio State University during the	118914
biennium ending June 30, 2013, for cost reallocation assessments.	118915
The cost reallocation assessments include, but are not limited to,	118916
any assessment on state appropriations to the Center.	118917

The Ohio Agricultural Research and Development Center, an	118918
entity of the College of Food, Agricultural, and Environmental	118919
Sciences of The Ohio State University, shall further its mission	118920
of enhancing Ohio's economic development and job creation by	118921
continuing to internally allocate on a competitive basis	118922
appropriated funding of programs based on demonstrated	118923
performance. Academic units, faculty, and faculty-driven programs	118924
shall be evaluated and rewarded consistent with agreed-upon	118925
performance expectations as called for in the College's	118926
Expectations and Criteria for Performance Assessment.	118927

Section 371.40.50. STATE UNIVERSITY CLINICAL TEACHING

118928

The foregoing appropriation items 235536, The Ohio State	118929
University Clinical Teaching; 235537, University of Cincinnati	118930
Clinical Teaching; 235538, University of Toledo Clinical Teaching;	118931
235539, Wright State University Clinical Teaching; 235540, Ohio	118932
University Clinical Teaching; and 235541, Northeastern Ohio	118933
Universities College of Medicine Clinical Teaching, shall be	118934
distributed through the Chancellor of the Board of Regents.	118935

Section 371.40.60. CAPITAL COMPONENT

118936

The foregoing appropriation item 235552, Capital Component,	118937
shall be used by the Chancellor of the Board of Regents to	118938
implement the capital funding policy for state-assisted colleges	118939
and universities established in Am. H.B. 748 of the 121st General	118940
Assembly. Appropriations from this item shall be distributed to	118941
all campuses for which the estimated campus debt service	118942
attributable to new qualifying capital projects is less than the	118943
campus's formula-determined capital component allocation. Campus	118944
allocations shall be determined by subtracting the estimated	118945
campus debt service attributable to new qualifying capital	118946
projects from the campus's formula-determined capital component	118947
allocation. Moneys distributed from this appropriation item shall	118948
be restricted to capital-related purposes.	118949

Any campus for which the estimated campus debt service	118950
attributable to qualifying capital projects is greater than the	118951
campus's formula-determined capital component allocation shall	118952
have the difference subtracted from its State Share of Instruction	118953
allocation in each fiscal year. Appropriation equal to the sum of	118954
all such amounts except that of the Ohio Agricultural Research and	118955
Development Center shall be transferred from appropriation item	118956
235501, State Share of Instruction, to appropriation item 235552,	118957
Capital Component. Appropriation equal to any estimated Ohio	118958
Agricultural Research and Development Center debt service	118959
attributable to qualifying capital projects that is greater than	118960
the Center's formula-determined capital component allocation shall	118961
be transferred from appropriation item 235535, Ohio Agricultural	118962
Research and Development Center, to appropriation item 235552,	118963
Capital Component.	118964

Section 371.40.70. LIBRARY DEPOSITORIES

118965

The foregoing appropriation item, 235555, Library	118966
Depositories, shall be distributed to the state's five regional	118967
depository libraries for the cost-effective storage of and access	118968
to lesser-used materials in university library collections. The	118969
depositories shall be administrated by the Chancellor of the Board	118970
of Regents, or by OhioLINK at the discretion of the Chancellor.	118971

Section 371.40.80. OHIO ACADEMIC RESOURCES NETWORK (OARNET)

118972

The foregoing appropriation item 235556, Ohio Academic	118973
Resources Network, shall be used by the Chancellor of the Board of	118974
Regents to support the operations of the Ohio Academic Resources	118975
Network, a consortium organized under division (U) of section	118976
3333.04 of the Revised Code, which shall include support for	118977
Ohio's colleges and universities in maintaining and enhancing	118978
network connections, using new network technologies to improve	118979
research, education, and economic development programs, and	118980
sharing information technology services. To the extent network	118981
capacity is available, OARnet shall support allocating bandwidth	118982
to eligible programs directly supporting Ohio's economic	118983
development.	118984

Section 371.40.90. LONG-TERM CARE RESEARCH

118985

The foregoing appropriation item 235558, Long-term Care	118986
Research, shall be disbursed to Miami University for long-term	118987
care research.	118988

Section 371.50.10. OHIO COLLEGE OPPORTUNITY GRANT

118989

(A) Except as provided in division (C) of this section:

118990

Of the foregoing appropriation item 235563, Ohio College	118991
Opportunity Grant, $37,000,000 in each fiscal year shall be used	118992
by the Chancellor of the Board of Regents to award need-based	118993
financial aid to students enrolled in eligible four-year public	118994
institutions of higher education, excluding early college high	118995
school and post-secondary enrollment option participants.	118996

Of the foregoing appropriation item 235563, Ohio College	118997
Opportunity Grant, $41,000,000 in each fiscal year shall be used	118998
by the Chancellor of the Board of Regents to award need-based	118999
financial aid to students enrolled in eligible four-year private	119000
nonprofit institutions of higher education, excluding early	119001
college high school and post-secondary enrollment option	119002
participants.	119003

The remainder of the foregoing appropriation item 235563,	119004
Ohio College Opportunity Grant, shall be used by the Chancellor of	119005
the Board of Regents to award needs-based financial aid to	119006
students enrolled in eligible private for-profit career colleges	119007
and schools.	119008

An amount equal to the unexpended, unencumbered portion of	119009
the foregoing appropriation item 235563, Ohio College Opportunity	119010
Grant, at the end of fiscal year 2012 is hereby reappropriated to	119011
the Board of Regents for the same purpose for fiscal year 2013.	119012

(B)(1) As used in this section:

119013

(a) "Eligible institution" means any institution described in	119014
divisions (B)(2)(a) to (c) of section 3333.122 of the Revised	119015
Code.	119016

(b) The three "sectors" of institutions of higher education	119017
consist of the following:	119018

(i) State colleges and universities, community colleges,	119019
state community colleges, university branches, and technical	119020
colleges;	119021

(ii) Eligible private nonprofit institutions of higher	119022
education;	119023

(iii) Eligible private for-profit career colleges and	119024
schools.	119025

(2) If the Chancellor determines that the amounts	119026
appropriated for support of the Ohio College Opportunity Grant	119027
program are inadequate to provide grants to all eligible students	119028
as calculated under division (D) of section 3333.122 of the	119029
Revised Code, the Chancellor may create a distribution formula for	119030
fiscal year 2012 and fiscal year 2013 based on the formula used in	119031
fiscal year 2011, or may follow methods established in division	119032
(C)(1)(a) or (b) of section 3333.122 of the Revised Code. The	119033
Chancellor shall notify the Controlling Board of the distribution	119034
method. Any formula calculated under this division shall be	119035
complete and established to coincide with the start of the	119036
2011-2012 academic year.	119037

(C) Prior to determining the amount of funds available to	119038
award under this section and section 3333.122 of the Revised Code,	119039
the Chancellor shall use the foregoing appropriation item 235563,	119040
Ohio College Opportunity Grant, to pay for renewals or partial	119041
renewals of scholarships students receive under the Ohio Academic	119042
Scholarship Program under sections 3333.21 and 3333.22 of the	119043
Revised Code. In paying for scholarships under this division, the	119044
Chancellor shall deduct funds from the allocations made under	119045
division (A) of this section proportionate to the amounts	119046
allocated to each sector from the total appropriation.	119047

In each fiscal year, the Chancellor shall not distribute or	119048
obligate or commit to be distributed an amount greater than what	119049
is appropriated under the foregoing appropriation item 235563,	119050
Ohio College Opportunity Grant.	119051

(D) The Chancellor shall establish, and post on the Ohio	119052
Board of Regents' web site, award tables based on any formulas	119053
created under division (B) of this section. The Chancellor shall	119054
notify students and institutions of any reductions in awards under	119055
this section.	119056

On or before August 31, 2011, the Chancellor of the Board of	119057
Regents shall submit award tables to the Controlling Board for the	119058
2011-2012 academic year and allocations of Ohio College	119059
Opportunity Grant awards not already specified in section 3333.122	119060
of the Revised Code.	119061

(E) Notwithstanding section 3333.122 of the Revised Code, no	119062
student shall be eligible to receive an Ohio College Opportunity	119063
Grant for more than ten semesters, fifteen quarters, or the	119064
equivalent of five academic years, less the number of semesters or	119065
quarters in which the student received an Ohio Instructional	119066
Grant.	119067

(F) On July 1 of each fiscal year, or as soon as possible	119068
thereafter, the Director of Budget and Management shall transfer	119069
$6,000,000 in cash from the Economic Development Programs Fund	119070
(Fund 5JC0) to the General Revenue Fund (GRF) to be used by	119071
Chancellor of the Board of Regents to support the Ohio College	119072
Opportunity Grant pursuant to this section.	119073

Section 371.50.20. THE OHIO STATE UNIVERSITY CLINIC SUPPORT

119074

The foregoing appropriation item 235572, The Ohio State	119075
University Clinic Support, shall be distributed through the	119076
Chancellor of the Board of Regents to The Ohio State University	119077
for support of dental and veterinary medicine clinics.	119078

Section 371.50.30. NATIONAL GUARD SCHOLARSHIP PROGRAM

119079

The Chancellor of the Board of Regents shall disburse funds	119080
from appropriation item 235599, National Guard Scholarship	119081
Program, at the direction of the Adjutant General. During each	119082
fiscal year, the Chancellor of the Board of Regents, within ten	119083
days of cancellation, may certify to the Director of Budget and	119084
Management the amount of canceled prior-year encumbrances in	119085
appropriation item 235599, National Guard Scholarship Program.	119086
Upon receipt of the certification, the Director of Budget and	119087
Management may transfer cash in an amount up to the amount	119088
certified from the General Revenue Fund to the National Guard	119089
Scholarship Reserve Fund (Fund 5BM0). Upon the request of the	119090
Adjutant General, the Chancellor of the Board of Regents shall	119091
seek Controlling Board approval to authorize additional	119092
expenditures for appropriation item 235623, National Guard	119093
Scholarship Reserve Fund. Upon approval of the Controlling Board,	119094
the additional amounts are hereby appropriated. The Chancellor of	119095
the Board of Regents shall disburse funds from appropriation item	119096
235623, National Guard Scholarship Reserve Fund, at the direction	119097
of the Adjutant General.	119098

Section 371.50.40. PLEDGE OF FEES

119099

Any new pledge of fees, or new agreement for adjustment of	119100
fees, made in the biennium ending June 30, 2013, to secure bonds	119101
or notes of a state-assisted institution of higher education for a	119102
project for which bonds or notes were not outstanding on the	119103
effective date of this section shall be effective only after	119104
approval by the Chancellor of the Board of Regents, unless	119105
approved in a previous biennium.	119106

Section 371.50.50. HIGHER EDUCATION GENERAL OBLIGATION DEBT	119107
SERVICE	119108

The foregoing appropriation item 235909, Higher Education	119109
General Obligation Debt Service, shall be used to pay all debt	119110
service and related financing costs at the times they are required	119111
to be made during the period from July 1, 2011, through June 30,	119112
2013, for obligations issued under sections 151.01 and 151.04 of	119113
the Revised Code.	119114

Section 371.50.60. SALES AND SERVICES

119115

The Chancellor of the Board of Regents is authorized to	119116
charge and accept payment for the provision of goods and services.	119117
Such charges shall be reasonably related to the cost of producing	119118
the goods and services. Except as otherwise provided by law, no	119119
charges may be levied for goods or services that are produced as	119120
part of the routine responsibilities or duties of the Chancellor.	119121
All revenues received by the Chancellor of the Board of Regents	119122
shall be deposited into Fund 4560, and may be used by the	119123
Chancellor of the Board of Regents to pay for the costs of	119124
producing the goods and services.	119125

Section 371.50.63. CO-OP INTERNSHIP PROGRAM

119126

Of the foregoing appropriation item 235649, Co-op Internship	119127
Program, $75,000 in each fiscal year shall be used by the	119128
Chancellor of the Board of Regents to support the operations of	119129
Ohio University's Voinovich School.	119130

Of the foregoing appropriation item 235649, Co-op Internship	119131
Program, $75,000 in each fiscal year, shall be used by the	119132
Chancellor of the Board of Regents to support the operations of	119133
The Ohio State University's John Glenn School of Public Affairs.	119134

Of the foregoing appropriation item 235649, Co-op Internship	119135
Program, $75,000 in each fiscal year shall be used to support the	119136
Bliss Institute of Applied Politics at the University of Akron.	119137

Of the foregoing appropriation item 235649, Co-op Internship	119138
Program, $75,000 in each fiscal year shall be used to support the	119139
Center for Public Management and Regional Affairs at Miami	119140
University.	119141

Section 371.50.70. HIGHER EDUCATIONAL FACILITY COMMISSION	119142
ADMINISTRATION	119143

The foregoing appropriation item 235602, Higher Educational	119144
Facility Commission Administration, shall be used by the	119145
Chancellor of the Board of Regents for operating expenses related	119146
to the Chancellor of the Board of Regents' support of the	119147
activities of the Ohio Higher Educational Facility Commission.	119148
Upon the request of the Chancellor, the Director of Budget and	119149
Management shall transfer up to $29,100 cash in fiscal year 2012	119150
and up to $29,100 cash in fiscal year 2013 from the HEFC Operating	119151
Expenses Fund (Fund 4610) to the HEFC Administration Fund (Fund	119152
4E80).	119153

Section 371.50.80. NURSING LOAN PROGRAM

119154

The foregoing appropriation item 235606, Nursing Loan	119155
Program, shall be used to administer the nurse education	119156
assistance program. Up to $167,580 in each fiscal year may be used	119157
for operating expenses associated with the program. Any additional	119158
funds needed for the administration of the program are subject to	119159
Controlling Board approval.	119160

Section 371.50.90. VETERANS PREFERENCES

119161

The Chancellor of the Board of Regents shall work with the	119162
Department of Veterans Services to develop specific veterans	119163
preference guidelines for higher education institutions. These	119164
guidelines shall ensure that the institutions' hiring practices	119165
are in accordance with the intent of Ohio's veterans preference	119166
laws.	119167

Section 371.60.10. STATE NEED-BASED FINANCIAL AID	119168
RECONCILIATION	119169

By the first day of August in each fiscal year, or as soon as	119170
possible thereafter, the Chancellor of the Board of Regents shall	119171
certify to the Director of Budget and Management the amount	119172
necessary to pay any outstanding prior year obligations to higher	119173
education institutions for the state's need-based financial aid	119174
programs. The amounts certified are hereby appropriated to	119175
appropriation item 235618, State Need-based Financial Aid	119176
Reconciliation, from revenues received in the State Need-based	119177
Financial Aid Reconciliation Fund (Fund 5Y50).	119178

Section 371.60.20. (A) As used in this section:

119179

(1) "Board of trustees" includes the managing authority of a	119180
university branch district.	119181

(2) "State institution of higher education" has the same	119182
meaning as in section 3345.011 of the Revised Code.	119183

(B) The board of trustees of any state institution of higher	119184
education, notwithstanding any rule of the institution to the	119185
contrary, may adopt a policy providing for mandatory furloughs of	119186
employees, including faculty, to achieve spending reductions	119187
necessitated by institutional budget deficits.	119188

Section 371.60.40. EFFICIENCY ADVISORY COMMITTEE

119189

The Chancellor of the Board of Regents shall establish an	119190
efficiency advisory committee for the purpose of generating	119191
optimal efficiency plans for campuses, identifying shared services	119192
opportunities, and sharing best practices. The efficiency advisory	119193
committee shall also attempt to reduce the cost of textbooks and	119194
other education resource materials. The committee shall meet at	119195
the call of the Chancellor or the Chancellor's designee, but at	119196
least quarterly. Each state institution of higher education shall	119197
designate an employee to serve as its efficiency officer	119198
responsible for the evaluation and improvement of operational	119199
efficiencies on campus. Each efficiency officer shall serve on the	119200
efficiency advisory committee.	119201

Section 371.60.50. TEXTBOOK AFFORDABILITY

119202

Each state institution of higher education shall submit to	119203
the Chancellor of the Board of Regents by December 31, 2011, a	119204
plan to reduce the cost to students of textbooks and other	119205
education resource materials.	119206

Section 371.60.60. TUITION TRUST AUTHORITY APPROPRIATION LINE	119207
ITEM TRANSFER	119208

On July 1, 2011, or as soon as possible thereafter, the	119209
Director of Budget and Management, upon request by the Chancellor	119210
of the Board of Regents, shall cancel any existing encumbrances	119211
against appropriation item 095602, Variable Savings Plans, and	119212
re-establish them against appropriation item 235663, Variable	119213
Savings Plans. The re-established encumbrance amounts are hereby	119214
appropriated.	119215

On July 1, 2011, or as soon as possible thereafter, the	119216
Director of Budget and Management, upon request by the Chancellor	119217
of the Board of Regents, shall cancel any existing encumbrances	119218
against appropriation item 095601, Guaranteed Savings Plan, and	119219
re-establish them against appropriation item 235664, Guaranteed	119220
Savings Plan. The re-established encumbrance amounts are hereby	119221
appropriated.	119222

Section 371.60.70. (A) Notwithstanding anything to the	119223
contrary in sections 3333.81 to 3333.88 of the Revised Code, the	119224
distance learning clearinghouse required to be established under	119225
those sections shall be located at the Ohio Resource Center for	119226
Mathematics, Science, and Reading administered by the College of	119227
Education and Human Ecology at The Ohio State University. The	119228
College shall provide access to its online repository of	119229
educational content to offer courses from multiple providers at	119230
competitive prices for Ohio students in grades kindergarten to	119231
twelve.	119232

(B) The College shall review the content of each course	119233
offered to assess the course's alignment with the academic	119234
standards adopted under division (A) of section 3301.079 of the	119235
Revised Code and shall publish its determination about the degree	119236
of alignment.	119237

(C) The College shall indicate, for each course offered, the	119238
academic credit that a student may reasonably expect to earn upon	119239
successful completion of the course. However, in accordance with	119240
section 3333.85 of the Revised Code, the school district or school	119241
in which the student is enrolled retains full authority to	119242
determine the credit awarded to the student.	119243

(D) As prescribed by section 3333.84 of the Revised Code, the	119244
fee charged for a course shall be set by the course provider. The	119245
College may retain a percentage of the fee to offset the cost of	119246
maintaining the course repository.	119247

(E) The College may establish policies to protect the	119248
proprietary interest in or intellectual property of the	119249
educational content and courses that are housed in the course	119250
repository. The College may require end users to agree to the	119251
terms of any such policies prior to accessing the repository.	119252

Section 371.60.80. (A) The Ohio Digital Learning Task Force	119253
is hereby established to develop a strategy for the expansion of	119254
digital learning that enables students to customize their	119255
education, produces cost savings, and meets the needs of Ohio's	119256
economy. The Task Force shall consist of the following members:	119257

(1) The Chancellor of the Ohio Board of Regents or the	119258
Chancellor's designee;	119259

(2) The Superintendent of Public Instruction or the	119260
Superintendent's designee;	119261

(3) The Director of the Governor's Office of 21st Century	119262
Education or the Director's designee;	119263

(4) Up to six members appointed by the Governor, who shall be	119264
representatives of school districts or community schools,	119265
established under Chapter 3314. of the Revised Code, that are	119266
high-performing of their type and have demonstrated the ability to	119267
incorporate technology into the classroom successfully;	119268

(5) A member appointed by the President of the Senate;

119269

(6) A member appointed by the Speaker of the House of	119270
Representatives.	119271

(B) Members of the Task Force shall be appointed not later	119272
than sixty days after the effective date of this section.	119273
Vacancies on the Task Force shall be filled in the same manner as	119274
the original appointments. Members shall serve without	119275
compensation.	119276

(C) The Governor shall designate the chairperson of the Task	119277
Force. All meetings of the Task Force shall be held at the call of	119278
the chairperson.	119279

(D) The Task Force shall do all of the following:

119280

(1) Request information from textbook publishers about the	119281
development of digital textbooks and other new digital content	119282
distribution methods for use by primary, secondary, and	119283
post-secondary schools and institutions and examine that	119284
information;	119285

(2) Examine potential cost savings and efficiency of	119286
utilizing digital textbooks and other new digital content	119287
distribution methods in primary, secondary, and post-secondary	119288
schools and institutions;	119289

(3) Examine potential academic benefits of utilizing digital	119290
textbooks and other new digital content distribution methods,	119291
including, but not limited to, the ability to individualize	119292
content to specific student learning styles, accessibility for	119293
individuals with disabilities, and the integration of formative	119294
and other online assessments;	119295

(4) Examine digital content pilot programs and initiatives	119296
currently operating at primary, secondary, and post-secondary	119297
schools and institutions in Ohio, including, but not limited to,	119298
those financed in part with federal funds;	119299

(5) Examine any state-level initiatives to provide or	119300
facilitate use of digital content in primary, secondary, and	119301
post-secondary schools and institutions in Ohio.	119302

(E) The Task Force shall make recommendations regarding all	119303
of the following:	119304

(1) The creation of high quality digital content and	119305
instruction in grades kindergarten to twelve for free access by	119306
public and nonpublic schools and students receiving home	119307
instruction;	119308

(2) High quality professional development for teachers and	119309
principals providing online instruction or blended learning	119310
programs;	119311

(3) Funding strategies that create incentives for high	119312
performance, innovation, and options in course providers and	119313
delivery;	119314

(4) Student assessment and accountability;

119315

(5) Infrastructure to support digital learning;

119316

(6) Mobile learning and mobile learning applications;

119317

(7) The clearinghouse established under section 3333.82 of	119318
the Revised Code;	119319

(8) Ways to align the resources and digital learning	119320
initiatives of state agencies and offices;	119321

(9) Methods for removing redundancy and inefficiency in, and	119322
for providing coordination, of all digital learning programs,	119323
including the provision of free online instruction to public and	119324
nonpublic schools on a statewide basis;	119325

(10) Methods of addressing future changes in technology and	119326
learning.	119327

(E) Not later than March 1, 2012, the Task Force shall issue	119328
a report of its findings and recommendations to the Governor, the	119329
President of the Senate, and the Speaker of the House of	119330
Representatives. Upon issuance of its report, the Task Force shall	119331
cease to exist.	119332

Section 371.60.90. Not later than six months after the	119333
effective date of this section, the Chancellor of the Ohio Board	119334
of Regents shall do both of the following:	119335

(A) Take steps to facilitate full implementation of any	119336
digital textbook and digital content pilot programs currently	119337
planned at any state institutions of higher education in Ohio;	119338

(B) Take steps to ensure that those pilot programs examine	119339
the potential cost savings and efficiencies of digital content and	119340
the potential academic benefits, including, but not limited to,	119341
the ability to individualize content to specific student learning	119342
styles, accessibility for individuals with disabilities, and the	119343
integration of formative and other online assessments.	119344

Section 373.10. DRC DEPARTMENT OF REHABILITATION AND	119345
CORRECTION	119346

General Revenue Fund							119347
GRF	501321	Institutional Operations	$	909,547,156	$	866,592,589	119348
GRF	501403	Prisoner Compensation	$	8,599,255	$	8,599,255	119349
GRF	501405	Halfway House	$	43,637,069	$	43,622,104	119350
GRF	501406	Lease Rental Payments	$	42,863,100	$	104,301,500	119351
GRF	501407	Community Nonresidential Programs	$	25,859,382	$	25,839,390	119352
GRF	501408	Community Misdemeanor Programs	$	14,406,800	$	14,406,800	119353
GRF	501501	Community Residential Programs - CBCF	$	62,692,785	$	62,477,785	119354
GRF	502321	Mental Health Services	$	58,525,816	$	51,778,513	119355
GRF	503321	Parole and Community Operations	$	68,197,272	$	63,783,848	119356
GRF	504321	Administrative Operations	$	21,996,504	$	20,085,474	119357
GRF	505321	Institution Medical Services	$	209,231,014	$	195,241,961	119358
GRF	506321	Institution Education Services	$	20,237,576	$	18,086,492	119359
GRF	507321	Institution Recovery Services	$	5,786,109	$	5,375,737	119360
TOTAL GRF General Revenue Fund			$	1,491,579,838	$	1,480,191,448	119361

General Services Fund Group	119362

1480	501602	Services and Agricultural	$	3,579,250	$	3,584,263	119363
2000	501607	Ohio Penal Industries	$	45,172,184	$	45,791,729	119364
4830	501605	Property Receipts	$	182,723	$	182,086	119365
4B00	501601	Sewer Treatment Services	$	2,145,630	$	2,157,682	119366
4D40	501603	Prisoner Programs	$	16,652,286	$	16,659,901	119367
4L40	501604	Transitional Control	$	1,168,843	$	1,213,120	119368
4S50	501608	Education Services	$	2,376,041	$	2,359,775	119369
5710	501606	Training Academy Receipts	$	125,000	$	125,000	119370
5930	501618	Laboratory Services	$	6,665,137	$	6,664,729	119371
5AF0	501609	State and Non-Federal Awards	$	1,440,000	$	1,440,000	119372
5H80	501617	Offender Financial Responsibility	$	3,000,000	$	3,000,000	119373
5L60	501611	Information Technology Services	$	600,000	$	600,000	119374
TOTAL GSF General Services Fund Group			$	83,107,094	$	83,778,285	119375

Federal Special Revenue Fund Group	119376

3230	501619	Federal Grants	$	9,013,558	$	9,180,703	119377
TOTAL FED Federal Special Revenue							119378
Fund Group			$	9,013,558	$	9,180,703	119379

TOTAL ALL BUDGET FUND GROUPS

1,583,700,490

1,573,150,436

119380

TRANSFER OF OPERATING APPROPRIATIONS TO IMPLEMENT CRIMINAL	119381
SENTENCING REFORMS	119382

For the purposes of implementing criminal sentencing reforms,	119383
and notwithstanding any other provision of law to the contrary,	119384
the Director of Budget and Management, at the request of the	119385
Director of Rehabilitation and Correction, may transfer up to	119386
$14,000,000 in appropriations, in each of fiscal years 2012 and	119387
2013, from appropriation item 501321, Institutional Operations, to	119388
any combination of appropriation items 501405, Halfway House;	119389
501407, Community Residential Programs; 501408, Community	119390
Misdemeanor Programs; and 501501, Community Residential Programs -	119391
CBCF.	119392

OHIO BUILDING AUTHORITY LEASE PAYMENTS

119393

The foregoing appropriation item 501406, Lease Rental	119394
Payments, shall be used to meet all payments at the times they are	119395
required to be made during the period from July 1, 2011, through	119396
June 30, 2013, by the Department of Rehabilitation and Correction	119397
to the Ohio Building Authority under the primary leases and	119398
agreements for those buildings made under Chapter 152. of the	119399
Revised Code. These appropriations are the source of funds pledged	119400
for bond service charges or obligations issued pursuant to Chapter	119401
152. of the Revised Code.	119402

OSU MEDICAL CHARGES

119403

Notwithstanding section 341.192 of the Revised Code, at the	119404
request of the Department of Rehabilitation and Correction, The	119405
Ohio State University Medical Center, including the James Cancer	119406
Hospital and Solove Research Institute and the Richard M. Ross	119407
Heart Hospital, shall provide necessary care to persons who are	119408
confined in state adult correctional facilities. The provision of	119409
necessary care shall be billed to the Department at a rate not to	119410
exceed the authorized reimbursement rate for the same service	119411
established by the Department of Job and Family Services under the	119412
Medical Assistance Program.	119413

Section 375.10. RSC REHABILITATION SERVICES COMMISSION

119414

General Revenue Fund	119415

GRF	415402	Independent Living Council	$	252,000	$	252,000	119416
GRF	415406	Assistive Technology	$	26,618	$	26,618	119417
GRF	415431	Office for People with Brain Injury	$	126,567	$	126,567	119418
GRF	415506	Services for People with Disabilities	$	12,777,884	$	12,777,884	119419
GRF	415508	Services for the Deaf	$	28,000	$	28,000	119420
TOTAL GRF General Revenue Fund			$	13,211,069	$	13,211,069	119421

General Services Fund Group	119422

4670	415609	Business Enterprise Operating Expenses	$	1,308,431	$	1,303,090	119423
TOTAL GSF General Services							119424
Fund Group			$	1,308,431	$	1,303,090	119425

Federal Special Revenue Fund Group	119426

3170	415620	Disability Determination	$	97,579,095	$	97,579,095	119427
3790	415616	Federal - Vocational Rehabilitation	$	103,160,426	$	103,150,102	119428
3L10	415601	Social Security Personal Care Assistance	$	3,370,000	$	3,370,000	119429
3L10	415605	Social Security Community Centers for the Deaf	$	772,000	$	772,000	119430
3L10	415608	Social Security Special Programs/Assistance	$	1,521,406	$	1,520,184	119431
3L40	415612	Federal Independent Living Centers or Services	$	652,222	$	652,222	119432
3L40	415615	Federal - Supported Employment	$	929,755	$	929,755	119433
3L40	415617	Independent Living/Vocational Rehabilitation Programs	$	2,137,338	$	2,137,338	119434
TOTAL FED Federal Special							119435
Revenue Fund Group			$	210,122,242	$	210,110,696	119436

State Special Revenue Fund Group	119437

4680	415618	Third Party Funding	$	10,802,589	$	10,802,589	119438
4L10	415619	Services for Rehabilitation	$	3,700,000	$	3,700,000	119439
4W50	415606	Program Management Expenses	$	11,636,730	$	11,587,201	119440
TOTAL SSR State Special							119441
Revenue Fund Group			$	26,139,319	$	26,089,790	119442
TOTAL ALL BUDGET FUND GROUPS			$	250,781,061	$	250,714,645	119443

INDEPENDENT LIVING COUNCIL

119444

The foregoing appropriation item 415402, Independent Living	119445
Council, shall be used to fund the operations of the State	119446
Independent Living Council and to support state independent living	119447
centers and independent living services under Title VII of the	119448
Independent Living Services and Centers for Independent Living of	119449
the Rehabilitation Act Amendments of 1992, 106 Stat. 4344, 29	119450
U.S.C. 796d.	119451

Of the foregoing appropriation item 415402, Independent	119452
Living Council, $67,662 in each fiscal year shall be used as state	119453
matching funds for vocational rehabilitation innovation and	119454
expansion activities.	119455

ASSISTIVE TECHNOLOGY

119456

The total amount of the foregoing appropriation item 415406,	119457
Assistive Technology, shall be provided to Assistive Technology of	119458
Ohio to provide grants and assistive technology services for	119459
people with disabilities in the State of Ohio.	119460

OFFICE FOR PEOPLE WITH BRAIN INJURY

119461

The foregoing appropriation item 415431, Office for People	119462
with Brain Injury, shall be used to plan and coordinate	119463
head-injury-related services provided by state agencies and other	119464
government or private entities, to assess the needs for such	119465
services, and to set priorities in this area.	119466

Of the foregoing appropriation item 415431, Office for People	119467
with Brain Injury, $44,067 in each fiscal year shall be used as	119468
state matching funds to provide vocational rehabilitation services	119469
to eligible consumers.	119470

VOCATIONAL REHABILITATION SERVICES

119471

The foregoing appropriation item 415506, Services for People	119472
with Disabilities, shall be used as state matching funds to	119473
provide vocational rehabilitation services to eligible consumers.	119474

At the request of the Chancellor of the Board of Regents, the	119475
Director of Budget and Management may transfer any unexpended,	119476
unencumbered appropriation in fiscal year 2012 or fiscal year 2013	119477
from appropriation item 235502, Student Support Services, to	119478
appropriation item 415506, Services for People with Disabilities.	119479
Any appropriation so transferred shall be used by the Ohio	119480
Rehabilitation Services Commission to obtain additional federal	119481
matching funds to serve disabled students.	119482

SERVICES FOR THE DEAF

119483

The foregoing appropriation item 415508, Services for the	119484
Deaf, shall be used to provide grants to community centers for the	119485
deaf.	119486

INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS

119487

The foregoing appropriation item 415617, Independent	119488
Living/Vocational Rehabilitation Programs, shall be used to	119489
support vocational rehabilitation programs.	119490

SOCIAL SECURITY REIMBURSEMENT FUNDS

119491

Reimbursement funds received from the Social Security	119492
Administration, United States Department of Health and Human	119493
Services, for the costs of providing services and training to	119494
return disability recipients to gainful employment shall be	119495
expended from the Social Security Reimbursement Fund (Fund 3L10),	119496
to the extent funds are available, as follows:	119497

(A) Appropriation item 415601, Social Security Personal Care	119498
Assistance, to provide personal care services in accordance with	119499
section 3304.41 of the Revised Code;	119500

(B) Appropriation item 415605, Social Security Community	119501
Centers for the Deaf, to provide grants to community centers for	119502
the deaf in Ohio for services to individuals with hearing	119503
impairments; and	119504

(C) Appropriation item 415608, Social Security Special	119505
Programs/Assistance, to provide vocational rehabilitation services	119506
to individuals with severe disabilities who are Social Security	119507
beneficiaries, to enable them to achieve competitive employment.	119508
This appropriation item shall also be used to pay a portion of	119509
indirect costs of the Personal Care Assistance Program and the	119510
Independent Living Programs as mandated by federal OMB Circular	119511
A-87.	119512

PROGRAM MANAGEMENT EXPENSES

119513

The foregoing appropriation item 415606, Program Management	119514
Expenses, shall be used to support the administrative functions of	119515
the commission related to the provision of vocational	119516
rehabilitation, disability determination services, and ancillary	119517
programs.	119518

Section 377.10. RCB RESPIRATORY CARE BOARD

119519

General Services Fund Group	119520

4K90	872609	Operating Expenses	$	528,624	$	523,013	119521
TOTAL GSF General Services							119522
Fund Group			$	528,624	$	523,013	119523
TOTAL ALL BUDGET FUND GROUPS			$	528,624	$	523,013	119524

Section 379.10. RDF REVENUE DISTRIBUTION FUNDS

119526

Volunteer Firefighters' Dependents Fund	119527

7085	800985	Volunteer Firemen's Dependents Fund	$	300,000	$	300,000	119528
TOTAL 085 Volunteer Firefighters'							119529
Dependents Fund			$	300,000	$	300,000	119530
Agency Fund Group							119531
4P80	001698	Cash Management Improvement Fund	$	3,100,000	$	3,100,000	119532
5JG0	110633	Gross Casino Revenue County Fund	$	5,778,617	$	138,882,294	119533
5JH0	110634	Gross Casino Revenue County Student Fund	$	3,852,412	$	92,588,196	119534
5JJ0	110636	Gross Casino Revenue Host City Fund	$	566,531	$	13,615,911	119535
5JK0	875610	Ohio State Racing Commission Fund	$	339,919	$	8,169,547	119536
5JL0	038629	Problem Casino Gambling and Addictions Fund	$	226,612	$	5,446,364	119537
5JN0	055654	Ohio Law Enforcement Training Fund	$	226,612	$	5,446,364	119538
6080	001699	Investment Earnings	$	50,000,000	$	150,000,000	119539
7062	110962	Resort Area Excise Tax	$	1,000,000	$	1,000,000	119540
7063	110963	Permissive Tax Distribution	$	1,904,500,000	$	1,980,700,000	119541
7067	110967	School District Income Tax	$	317,000,000	$	330,000,000	119542
TOTAL AGY Agency Fund Group			$	2,286,590,703	$	2,728,948,676	119543

Holding Account Redistribution	119544

R045	110617	International Fuel Tax Distribution	$	40,000,000	$	40,000,000	119545
TOTAL 090 Holding Account Redistribution Fund							119546
Revenue Distribution Fund Group			$	40,000,000	$	40,000,000	119547
7049	038900	Indigent Drivers Alcohol Treatment	$	2,200,000	$	2,200,000	119548
7050	762900	International Registration Plan Distribution	$	30,000,000	$	30,000,000	119549
7051	762901	Auto Registration Distribution	$	539,000,000	$	539,000,000	119550
7054	110954	Local Government Property Tax Replacement - Utility	$	16,000,000	$	11,000,000	119551
7060	110960	Gasoline Excise Tax Fund	$	393,000,000	$	395,000,000	119552
7065	110965	Public Library Fund	$	354,000,000	$	345,000,000	119553
7066	800966	Undivided Liquor Permits	$	14,100,000	$	14,100,000	119554
7068	110968	State and Local Government Highway Distribution	$	193,000,000	$	196,000,000	119555
7069	110969	Local Government Fund	$	527,000,000	$	341,000,000	119556
7081	110981	Local Government Property Tax Replacement-Business	$	291,000,000	$	181,000,000	119557
7082	110982	Horse Racing Tax	$	100,000	$	100,000	119558
7083	700900	Ohio Fairs Fund	$	1,400,000	$	1,400,000	119559
TOTAL RDF Revenue Distribution							119560
Fund Group			$	2,360,800,000	$	2,055,800,000	119561
TOTAL ALL BUDGET FUND GROUPS			$	4,687,690,703	$	4,825,048,676	119562

ADDITIONAL APPROPRIATIONS

119563

Appropriation items in this section shall be used for the	119564
purpose of administering and distributing the designated revenue	119565
distribution funds according to the Revised Code. If it is	119566
determined that additional appropriations are necessary for this	119567
purpose, such amounts are hereby appropriated.	119568

GENERAL REVENUE FUND TRANSFERS

119569

Notwithstanding any provision of law to the contrary, in	119570
fiscal year 2012 and fiscal year 2013, the Director of Budget and	119571
Management may transfer from the General Revenue Fund to the Local	119572
Government Tangible Property Tax Replacement Fund (Fund 7081) in	119573
the Revenue Distribution Fund Group, those amounts necessary to	119574
reimburse local taxing units under section 5751.22 of the Revised	119575
Code. Also, in fiscal year 2012 and fiscal year 2013, the Director	119576
of Budget and Management may make temporary transfers from the	119577
General Revenue Fund to ensure sufficient balances in the Local	119578
Government Tangible Property Tax Replacement Fund (Fund 7081) and	119579
to replenish the General Revenue Fund for such transfers.	119580

Section 381.10. SAN BOARD OF SANITARIAN REGISTRATION

119581

General Services Fund Group	119582

4K90	893609	Operating Expenses	$	141,839	$	126,850	119583
TOTAL GSF General Services							119584
Fund Group			$	141,839	$	126,850	119585
TOTAL ALL BUDGET FUND GROUPS			$	141,839	$	126,850	119586

Section 383.10. OSB OHIO STATE SCHOOL FOR THE BLIND

119588

General Revenue Fund	119589

GRF	226100	Personal Services	$	6,593,546	$	6,593,546	119590
GRF	226200	Maintenance	$	619,528	$	619,528	119591
GRF	226300	Equipment	$	65,505	$	65,505	119592
TOTAL GRF General Revenue Fund			$	7,278,579	$	7,278,579	119593

General Services Fund Group	119594

4H80	226602	Education Reform Grants	$	60,086	$	60,086	119595
TOTAL GSF General Services							119596
Fund Group			$	60,086	$	60,086	119597

Federal Special Revenue Fund Group	119598

3100	226626	Coordinating Unit	$	2,527,104	$	2,527,104	119599
3DT0	226621	Ohio Transition Collaborative	$	1,800,000	$	1,800,000	119600
3P50	226643	Medicaid Professional Services Reimbursement	$	50,000	$	50,000	119601
TOTAL FED Federal Special							119602
Revenue Fund Group			$	4,377,104	$	4,377,104	119603

State Special Revenue Fund Group	119604

4M50	226601	Work Study and Technology Investment	$	698,521	$	698,521	119605
TOTAL SSR State Special Revenue							119606
Fund Group			$	698,521	$	698,521	119607
TOTAL ALL BUDGET FUND GROUPS			$	12,414,290	$	12,414,290	119608

Section 385.10. OSD OHIO SCHOOL FOR THE DEAF

119610

General Revenue Fund	119611

GRF	221100	Personal Services	$	7,842,339	$	7,842,339	119612
GRF	221200	Maintenance	$	814,532	$	814,532	119613
GRF	221300	Equipment	$	70,786	$	70,786	119614
TOTAL GRF General Revenue Fund			$	8,727,657	$	8,727,657	119615

General Services Fund Group	119616

4M10	221602	Education Reform Grants	$	74,903	$	74,903	119617
TOTAL GSF General Services							119618
Fund Group			$	74,903	$	74,903	119619

Federal Special Revenue Fund Group	119620

3110	221625	Coordinating Unit	$	2,460,135	$	2,460,135	119621
3R00	221684	Medicaid Professional Services Reimbursement	$	35,000	$	35,000	119622
3Y10	221686	Early Childhood Grant	$	300,000	$	300,000	119623
TOTAL FED Federal Special							119624
Revenue Fund Group			$	2,795,135	$	2,795,135	119625

State Special Revenue Fund Group	119626

4M00	221601	Educational Program Expenses	$	190,000	$	190,000	119627
5H60	221609	Even Start Fees and Gifts	$	126,750	$	126,750	119628
TOTAL SSR State Special Revenue							119629
Fund Group			$	316,750	$	316,750	119630
TOTAL ALL BUDGET FUND GROUPS			$	11,914,445	$	11,914,445	119631

Section 387.10. SFC SCHOOL FACILITIES COMMISSION

119633

General Revenue Fund	119634

GRF	230908		Common Schools General Obligation Debt Service		$	150,604,900		$	341,919,400		119635
TOTAL GRF General Revenue Fund					$	150,604,900		$	341,919,400		119636

State Special Revenue Fund Group	119637

5E30	230644	Operating Expenses	$	8,950,000	$	8,550,000	119638
TOTAL SSR State Special Revenue							119639
Fund Group			$	8,950,000	$	8,550,000	119640
TOTAL ALL BUDGET FUND GROUPS			$	159,554,900	$	350,469,400	119641

Section 387.20. COMMON SCHOOLS GENERAL OBLIGATION DEBT	119643
SERVICE	119644

The foregoing appropriation item 230908, Common Schools	119645
General Obligation Debt Service, shall be used to pay all debt	119646
service and related financing costs at the times they are required	119647
to be made during the period from July 1, 2011, through June 30,	119648
2013, for obligations issued under sections 151.01 and 151.03 of	119649
the Revised Code.	119650

OPERATING EXPENSES

119651

The foregoing appropriation item 230644, Operating Expenses,	119652
shall be used by the Ohio School Facilities Commission to carry	119653
out its responsibilities under this section and Chapter 3318. of	119654
the Revised Code.	119655

In both fiscal years 2012 and 2013, the Executive Director of	119656
the Ohio School Facilities Commission shall certify on a quarterly	119657
basis to the Director of Budget and Management the amount of cash	119658
from interest earnings to be transferred from the School Building	119659
Assistance Fund (Fund 7032), the Public School Building Fund (Fund	119660
7021), and the Educational Facilities Trust Fund (Fund N087) to	119661
the Ohio School Facilities Commission Fund (Fund 5E30). The amount	119662
transferred from the School Building Assistance Fund (Fund 7032)	119663
may not exceed investment earnings credited to the fund, less any	119664
amount required to be paid for federal arbitrage rebate purposes.	119665

If the Executive Director of the Ohio School Facilities	119666
Commission determines that transferring cash from interest	119667
earnings is insufficient to support operations and carry out its	119668
responsibilities under this section and Chapter 3318. of the	119669
Revised Code, the Commission may, with the approval of the	119670
Controlling Board, transfer cash not generated from interest from	119671
the Public School Building Fund (Fund 7021) and the Educational	119672
Trust Fund (Fund N087) to the Ohio School Facilities Commission	119673
Fund (Fund 5E30).	119674

SCHOOL FACILITIES ENCUMBRANCES AND REAPPROPRIATION

119675

At the request of the Executive Director of the Ohio School	119676
Facilities Commission, the Director of Budget and Management may	119677
cancel encumbrances for school district projects from a previous	119678
biennium if the district has not raised its local share of project	119679
costs within thirteen months of receiving Controlling Board	119680
approval under section 3318.05 or 3318.41 of the Revised Code. The	119681
Executive Director of the Ohio School Facilities Commission shall	119682
certify the amounts of the canceled encumbrances to the Director	119683
of Budget and Management on a quarterly basis. The amounts of the	119684
canceled encumbrances are hereby appropriated.	119685

Section 387.30. AMENDMENT TO PROJECT AGREEMENT FOR	119686
MAINTENANCE LEVY	119687

The Ohio School Facilities Commission shall amend the project	119688
agreement between the Commission and a school district that is	119689
participating in the Accelerated Urban School Building Assistance	119690
Program on the effective date of this section, if the Commission	119691
determines that it is necessary to do so in order to comply with	119692
division (B)(3)(c) of section 3318.38 of the Revised Code.	119693

Section 387.40. CANTON CITY SCHOOL DISTRICT PROJECT

119694

(A) The Ohio School Facilities Commission may commit up to	119695
thirty-five million dollars to the Canton City School District for	119696
construction of a facility described in this section, in lieu of a	119697
high school that would otherwise be authorized under Chapter 3318.	119698
of the Revised Code. The Commission shall not commit funds under	119699
this section unless all of the following conditions are met:	119700

(1) The District has entered into a cooperative agreement	119701
with a state-assisted technical college;	119702

(2) The District has received an irrevocable commitment of	119703
additional funding from nonpublic sources; and	119704

(3) The facility is intended to serve both secondary and	119705
postsecondary instructional purposes.	119706

(B) The Commission shall enter into an agreement with the	119707
District for the construction of the facility authorized under	119708
this section that is separate from and in addition to the	119709
agreement required for the District's participation in the	119710
Classroom Facilities Assistance Program under section 3318.08 of	119711
the Revised Code. Notwithstanding that section and sections	119712
3318.03, 3318.04, and 3318.083 of the Revised Code, the additional	119713
agreement shall provide, but not be limited to, the following:	119714

(1) The Commission shall not have any oversight	119715
responsibilities over the construction of the facility.	119716

(2) The facility need not comply with the specifications for	119717
plans and materials for high schools adopted by the Commission.	119718

(3) The Commission may decrease the basic project cost that	119719
would otherwise be calculated for a high school under Chapter	119720
3318. of the Revised Code.	119721

(4) The state shall not share in any increases in the basic	119722
project cost for the facility above the amount authorized under	119723
this section.	119724

All other provisions of Chapter 3318. of the Revised Code	119725
apply to the approval and construction of a facility authorized	119726
under this section.	119727

The state funds committed to the facility authorized by this	119728
section shall be part of the total amount the state commits to the	119729
Canton City School District under Chapter 3318. of the Revised	119730
Code. All additional state funds committed to the Canton City	119731
School District for classroom facilities assistance shall be	119732
subject to all provisions of Chapter 3318. of the Revised Code.	119733

Section 387.50. Notwithstanding any other provision of law to	119734
the contrary, the Ohio School Facilities Commission may determine	119735
the amount of funding available for disbursement in a given fiscal	119736
year for any project approved under sections 3318.01 to 3318.20 of	119737
the Revised Code in order to keep aggregate state capital spending	119738
within approved limits and may take actions including, but not	119739
limited to, determining the schedule for design or bidding of	119740
approved projects, to ensure appropriate and supportable cash	119741
flow.	119742

Section 387.60. Notwithstanding division (B) of section	119743
3318.40 of the Revised Code, the Ohio School Facilities Commission	119744
may provide assistance to at least one joint vocational school	119745
district each fiscal year for the acquisition of classroom	119746
facilities in accordance with sections 3318.40 to 3318.45 of the	119747
Revised Code.	119748

Section 389.10. SOS SECRETARY OF STATE

119749

General Revenue Fund	119750

GRF	050321	Operating Expenses	$	2,144,030	$	2,144,030	119751
GRF	050407	Pollworkers Training	$	234,196	$	234,196	119752
TOTAL GRF General Revenue Fund			$	2,378,226	$	2,378,226	119753

General Services Fund Group	119754

4120	050609	Notary Commission	$	475,000	$	475,000	119755
4130	050601	Information Systems	$	49,000	$	49,000	119756
4140	050602	Citizen Education Fund	$	25,000	$	25,000	119757
4S80	050610	Board of Voting Machine Examiners	$	7,200	$	7,200	119758
5FG0	050620	BOE Reimbursement and Education	$	100,000	$	100,000	119759
TOTAL General Services Fund Group			$	656,200	$	656,200	119760

Federal Special Revenue Fund Group	119761

3AH0	050614	Election Reform/Health and Human Services	$	800,000	$	800,000	119762
3AS0	050616	Help America Vote Act (HAVA)	$	3,000,000	$	3,000,000	119763
TOTAL FED Federal Special Revenue							119764
Fund Group			$	3,800,000	$	3,800,000	119765

State Special Revenue Fund Group	119766

5990	050603	Business Services Operating Expenses	$	14,385,400	$	14,385,400	119767
TOTAL SSR State Special Revenue							119768
Fund Group			$	14,385,400	$	14,385,400	119769

Holding Account Redistribution Fund Group	119770

R001	050605	Uniform Commercial Code Refunds	$	30,000	$	30,000	119771
R002	050606	Corporate/Business Filing Refunds	$	85,000	$	85,000	119772
TOTAL 090 Holding Account							119773
Redistribution Fund Group			$	115,000	$	115,000	119774
TOTAL ALL BUDGET FUND GROUPS			$	21,334,826	$	21,334,826	119775

POLLWORKER TRAINING

119776

The foregoing appropriation item 050407, Pollworkers	119777
Training, shall be used to reimburse county boards of elections	119778
for pollworker training pursuant to section 3501.27 of the Revised	119779
Code. At the end of fiscal year 2012, an amount equal to the	119780
unexpended, unencumbered portion of appropriation item 050407,	119781
Pollworkers Training, is hereby reappropriated in fiscal year 2013	119782
for the same purpose.	119783

BOARD OF VOTING MACHINE EXAMINERS

119784

The foregoing appropriation item 050610, Board of Voting	119785
Machine Examiners, shall be used to pay for the services and	119786
expenses of the members of the Board of Voting Machine Examiners,	119787
and for other expenses that are authorized to be paid from the	119788
Board of Voting Machine Examiners Fund, which is created in	119789
section 3506.05 of the Revised Code. Moneys not used shall be	119790
returned to the person or entity submitting equipment for	119791
examination. If it is determined that additional appropriations	119792
are necessary, such amounts are hereby appropriated.	119793

HAVA FUNDS

119794

An amount equal to the unexpended, unencumbered portion of	119795
appropriation item 050616, Help America Vote Act (HAVA) Voting	119796
Machines, at the end of fiscal year 2012 is reappropriated for the	119797
same purpose in fiscal year 2013.	119798

An amount equal to the unexpended, unencumbered portion of	119799
appropriation item 050614, Election Reform/Health and Human	119800
Services, at the end of fiscal year 2012 is reappropriated for the	119801
same purpose in fiscal year 2013.	119802

The Director of Budget and Management shall credit the	119803
ongoing interest earnings from the Election Reform/Health and	119804
Human Services Fund (Fund 3AH0), the Help America Vote Act (HAVA)	119805
Voting Machines Fund (Fund 3AS0), and the Election Data Collection	119806
Grant Fund (Fund 3AC0) to the respective funds and distribute	119807
these earnings in accordance with the terms of the grant under	119808
which the money is received.	119809

HOLDING ACCOUNT REDISTRIBUTION GROUP

119810

The foregoing appropriation items 050605, Uniform Commercial	119811
Code Refunds, and 050606, Corporate/Business Filing Refunds, shall	119812
be used to hold revenues until they are directed to the	119813
appropriate accounts or until they are refunded. If it is	119814
determined that additional appropriations are necessary, such	119815
amounts are hereby appropriated.	119816

ABOLITION OF THE TECHNOLOGY IMPROVEMENTS FUND

119817

On July 1, 2011, or as soon as possible thereafter, the	119818
Director of Budget and Management shall transfer the cash balance	119819
in the Technology Improvements Fund (Fund 5N90) to the Business	119820
Services Operating Expenses Fund (Fund 5990). The Director shall	119821
cancel any existing encumbrances against appropriation item	119822
050607, Technology Improvements, and re-establish them against	119823
appropriation item 050603, Business Services Operating Expenses.	119824
The re-established encumbered amounts are hereby appropriated.	119825
Upon completion of the transfer, Fund 5N90 is abolished.	119826

Section 391.10. SEN THE OHIO SENATE

119827

General Revenue Fund	119828

GRF	020321		Operating Expenses		$	10,911,095		$	10,911,095		119829
TOTAL GRF General Revenue Fund					$	10,911,095		$	10,911,095		119830

General Services Fund Group	119831

1020	020602	Senate Reimbursement	$	852,001	$	852,001	119832
4090	020601	Miscellaneous Sales	$	34,497	$	34,497	119833
TOTAL GSF General Services							119834
Fund Group			$	886,498	$	886,498	119835
TOTAL ALL BUDGET FUND GROUPS			$	11,797,593	$	11,797,593	119836

OPERATING EXPENSES

119837

On July 1, 2011, or as soon as possible thereafter, the Clerk	119838
of the Senate may certify to the Director of Budget and Management	119839
the amount of the unexpended, unencumbered balance of the	119840
foregoing appropriation item 020321, Operating Expenses, at the	119841
end of fiscal year 2011 to be reappropriated to fiscal year 2012.	119842
The amount certified is hereby reappropriated to the same	119843
appropriation item for fiscal year 2012.	119844

On July 1, 2012, or as soon as possible thereafter, the Clerk	119845
of the Senate may certify to the Director of Budget and Management	119846
the amount of the unexpended, unencumbered balance of the	119847
foregoing appropriation item 020321, Operating Expenses, at the	119848
end of fiscal year 2012 to be reappropriated to fiscal year 2013.	119849
The amount certified is hereby reappropriated to the same	119850
appropriation item for fiscal year 2013.	119851

Section 393.10. CSV COMMISSION ON SERVICE AND VOLUNTEERISM

119852

General Revenue Fund	119853

GRF	866321		CSV Operations		$	129,998		$	126,664		119854
TOTAL GRF General Revenue Fund					$	129,998		$	126,664		119855

General Services Fund	119856

5GN0	866605		Serve Ohio Support		$	67,500		$	67,500		119857
TOTAL GSF General Services Fund					$	67,500		$	67,500		119858

Federal Special Revenue Fund Group	119859

3R70	866617	AmeriCorps Programs	$	8,279,290	$	8,272,110	119860
TOTAL FED Federal Special Revenue							119861
Fund Group			$	8,279,290	$	8,272,110	119862

State Special Revenue Fund Group	119863

6240	866604	Volunteer Contracts and Services	$	49,130	$	47,870	119864
TOTAL SSR State Special Revenue							119865
Fund Group			$	49,130	$	47,870	119866
TOTAL ALL BUDGET FUND GROUPS			$	8,525,918	$	8,514,144	119867

Section 395.10. CSF COMMISSIONERS OF THE SINKING FUND

119869

Debt Service Fund Group	119870

7070	155905	Third Frontier Research and Development Bond Retirement Fund	$	29,323,300	$	63,640,300	119871
7072	155902	Highway Capital Improvement Bond Retirement Fund	$	143,176,000	$	150,789,300	119872
7073	155903	Natural Resources Bond Retirement Fund	$	5,375,300	$	25,209,100	119873
7074	155904	Conservation Projects Bond Retirement Fund	$	24,556,800	$	29,297,300	119874
7076	155906	Coal Research and Development Bond Retirement Fund	$	7,861,100	$	5,577,700	119875
7077	155907	State Capital Improvement Bond Retirement Fund	$	113,306,600	$	215,571,100	119876
7078	155908	Common Schools Bond Retirement Fund	$	150,604,900	$	341,919,400	119877
7079	155909	Higher Education Bond Retirement Fund	$	108,262,500	$	201,555,000	119878
7080	155901	Persian Gulf, Afghanistan, and Iraq Conflicts Bond Retirement Fund	$	5,497,700	$	10,112,100	119879
7090	155912	Job Ready Site Development Bond Retirement Fund	$	9,859,200	$	15,680,500	119880
TOTAL DSF Debt Service Fund Group			$	597,823,400	$	1,059,351,800	119881
TOTAL ALL BUDGET FUND GROUPS			$	597,823,400	$	1,059,351,800	119882

ADDITIONAL APPROPRIATIONS

119883

Appropriation items in this section are for the purpose of	119884
paying debt service and financing costs on bonds or notes of the	119885
state issued under the Ohio Constitution and acts of the General	119886
Assembly. If it is determined that additional amounts are	119887
necessary for this purpose, such amounts are hereby appropriated.	119888

Section 397.10. SOA SOUTHERN OHIO AGRICULTURAL AND COMMUNITY	119889
DEVELOPMENT FOUNDATION	119890

Tobacco Master Settlement Agreement Fund Group	119891

5M90	945601	Operating Expenses	$	436,500	$	426,800	119892
TOTAL TMF Tobacco Master Settlement Agreement Fund Group			$	436,500	$	426,800	119893
TOTAL ALL BUDGET FUND GROUPS			$	436,500	$	426,800	119894

Section 399.10. SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY &	119896
AUDIOLOGY	119897

General Services Fund Group	119898

4K90	886609	Operating Expenses	$	477,490	$	472,260	119899
TOTAL GSF General Services							119900
Fund Group			$	477,490	$	472,260	119901
TOTAL ALL BUDGET FUND GROUPS			$	477,490	$	472,260	119902

Section 401.10. BTA BOARD OF TAX APPEALS

119904

General Revenue Fund	119905

GRF	116321	Operating Expenses	$	1,600,000	$	1,700,000	119906
TOTAL GRF General Revenue Fund			$	1,600,000	$	1,700,000	119907
TOTAL ALL BUDGET FUND GROUPS			$	1,600,000	$	1,700,000	119908

Section 403.10. TAX DEPARTMENT OF TAXATION

119910

General Revenue Fund	119911

GRF	110321	Operating Expenses	$	73,500,000	$	73,550,000	119912
GRF	110404	Tobacco Settlement Enforcement	$	200,000	$	200,000	119913
GRF	110412	Child Support Administration	$	15,804	$	15,804	119914
GRF	110901	Property Tax Allocation - Taxation	$	610,900,000	$	616,000,000	119915
TOTAL GRF General Revenue Fund			$	684,615,804	$	689,765,804	119916

General Services Fund Group	119917

2280	110628	Tax Reform System Implementation	$	13,638,008	$	13,642,176	119918
4330	110602	Tape File Account	$	197,802	$	197,878	119919
5AP0	110632	Discovery Project	$	2,445,799	$	2,445,657	119920
5CZ0	110631	Vendor's License Application	$	250,000	$	250,000	119921
5N50	110605	Municipal Income Tax Administration	$	339,798	$	339,975	119922
5N60	110618	Kilowatt Hour Tax Administration	$	150,000	$	150,000	119923
5V80	110623	Property Tax Administration	$	12,195,733	$	12,099,303	119924
5W40	110625	Centralized Tax Filing and Payment	$	200,000	$	200,000	119925
5W70	110627	Exempt Facility Administration	$	50,000	$	50,000	119926
TOTAL GSF General Services							119927
Fund Group			$	29,467,140	$	29,374,989	119928

State Special Revenue Fund Group	119929

4350	110607	Local Tax Administration	$	19,028,339	$	19,225,941	119930
4360	110608	Motor Vehicle Audit	$	1,474,081	$	1,474,353	119931
4370	110606	Litter/Natural Resource Tax Administration	$	20,000	$	20,000	119932
4380	110609	School District Income Tax	$	5,859,041	$	5,860,650	119933
4C60	110616	International Registration Plan	$	689,296	$	689,308	119934
4R60	110610	Tire Tax Administration	$	245,462	$	246,660	119935
5V70	110622	Motor Fuel Tax Administration	$	5,384,254	$	5,086,236	119936
6390	110614	Cigarette Tax Enforcement	$	1,384,217	$	1,384,314	119937
6420	110613	Ohio Political Party Distributions	$	500,000	$	500,000	119938
6880	110615	Local Excise Tax Administration	$	782,630	$	782,843	119939
TOTAL SSR State Special Revenue							119940
Fund Group			$	35,367,320	$	35,270,305	119941

Agency Fund Group	119942

4250	110635	Tax Refunds	$	1,546,800,000	$	1,546,800,000	119943
7095	110995	Municipal Income Tax	$	21,000,000	$	21,000,000	119944
TOTAL AGY Agency Fund Group			$	1,567,800,000	$	1,567,800,000	119945

Holding Account Redistribution Fund Group	119946

R010	110611	Tax Distributions	$	50,000	$	50,000	119947
R011	110612	Miscellaneous Income Tax Receipts	$	50,000	$	50,000	119948
TOTAL 090 Holding Account							119949
Redistribution Fund Group			$	100,000	$	100,000	119950
TOTAL ALL BUDGET FUND GROUPS			$	2,317,350,264	$	2,322,311,098	119951

HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK

119952

The foregoing appropriation item 110901, Property Tax	119953
Allocation - Taxation, is hereby appropriated to pay for the	119954
state's costs incurred due to the Homestead Exemption, the	119955
Manufactured Home Property Tax Rollback, and the Property Tax	119956
Rollback. The Tax Commissioner shall distribute these funds	119957
directly to the appropriate local taxing districts, except for	119958
school districts, notwithstanding the provisions in sections	119959
321.24 and 323.156 of the Revised Code, which provide for payment	119960
of the Homestead Exemption, the Manufactured Home Property Tax	119961
Rollback, and Property Tax Rollback by the Tax Commissioner to the	119962
appropriate county treasurer and the subsequent redistribution of	119963
these funds to the appropriate local taxing districts by the	119964
county auditor.	119965

Upon receipt of these amounts, each local taxing district	119966
shall distribute the amount among the proper funds as if it had	119967
been paid as real property taxes. Payments for the costs of	119968
administration shall continue to be paid to the county treasurer	119969
and county auditor as provided for in sections 319.54, 321.26, and	119970
323.156 of the Revised Code.	119971

Any sums, in addition to the amounts specifically	119972
appropriated in appropriation item 110901, Property Tax Allocation	119973
- Taxation, for the Homestead Exemption, the Manufactured Home	119974
Property Tax Rollback, and the Property Tax Rollback payments,	119975
which are determined to be necessary for these purposes, are	119976
hereby appropriated.	119977

MUNICIPAL INCOME TAX

119978

The foregoing appropriation item 110995, Municipal Income	119979
Tax, shall be used to make payments to municipal corporations	119980
under section 5745.05 of the Revised Code. If it is determined	119981
that additional appropriations are necessary to make such	119982
payments, such amounts are hereby appropriated.	119983

TAX REFUNDS

119984

The foregoing appropriation item 110635, Tax Refunds, shall	119985
be used to pay refunds under section 5703.052 of the Revised Code.	119986
If it is determined that additional appropriations are necessary	119987
for this purpose, such amounts are hereby appropriated.	119988

INTERNATIONAL REGISTRATION PLAN AUDIT

119989

The foregoing appropriation item 110616, International	119990
Registration Plan, shall be used under section 5703.12 of the	119991
Revised Code for audits of persons with vehicles registered under	119992
the International Registration Plan.	119993

TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT

119994

Of the foregoing appropriation item 110607, Local Tax	119995
Administration, the Tax Commissioner may disburse funds, if	119996
available, for the purposes of paying travel expenses incurred by	119997
members of Ohio's delegation to the Streamlined Sales Tax Project,	119998
as appointed under section 5740.02 of the Revised Code. Any travel	119999
expense reimbursement paid for by the Department of Taxation shall	120000
be done in accordance with applicable state laws and guidelines.	120001

CENTRALIZED TAX FILING AND PAYMENT FUND

120002

The Director of Budget and Management, under a plan submitted	120003
by the Tax Commissioner, or as otherwise determined by the	120004
Director of Budget and Management, shall set a schedule to	120005
transfer cash from the General Revenue Fund to the credit of the	120006
Centralized Tax Filing and Payment Fund (Fund 5W40). The transfers	120007
of cash shall not exceed $400,000 in the biennium.	120008

TOBACCO SETTLEMENT ENFORCEMENT

120009

The foregoing appropriation item 110404, Tobacco Settlement	120010
Enforcement, shall be used by the Tax Commissioner to pay costs	120011
incurred in the enforcement of divisions (F) and (G) of section	120012
5743.03 of the Revised Code.	120013

Section 405.10. DOT DEPARTMENT OF TRANSPORTATION

120014

General Revenue Fund	120015

GRF	775451	Public Transportation - State	$	6,500,000	$	6,500,000	120016
GRF	776465	Ohio Rail Development Commission	$	2,000,000	$	2,000,000	120017
GRF	777471	Airport Improvements - State	$	750,000	$	750,000	120018
TOTAL GRF General Revenue Fund			$	9,250,000	$	9,250,000	120019
TOTAL ALL BUDGET FUND GROUPS			$	9,250,000	$	9,250,000	120020

Section 407.10. TOS TREASURER OF STATE

120022

General Revenue Fund	120023

GRF	090321	Operating Expenses	$	7,743,553	$	7,743,553	120024
GRF	090401	Office of the Sinking Fund	$	502,304	$	502,304	120025
GRF	090402	Continuing Education	$	377,702	$	377,702	120026
GRF	090524	Police and Fire Disability Pension Fund	$	7,900	$	7,900	120027
GRF	090534	Police and Fire Ad Hoc Cost of Living	$	87,000	$	87,000	120028
GRF	090554	Police and Fire Survivor Benefits	$	600,000	$	600,000	120029
GRF	090575	Police and Fire Death Benefits	$	20,000,000	$	20,000,000	120030
TOTAL GRF General Revenue Fund			$	29,318,459	$	29,318,459	120031

General Services Fund Group	120032

4E90	090603	Securities Lending Income	$	4,829,441	$	4,829,441	120033
5770	090605	Investment Pool Reimbursement	$	550,000	$	550,000	120034
5C50	090602	County Treasurer Education	$	170,057	$	170,057	120035
6050	090609	Treasurer of State Administrative Fund	$	135,000	$	135,000	120036
TOTAL GSF General Services							120037
Fund Group			$	5,684,498	$	5,684,498	120038

Agency Fund Group	120039

4250	090635	Tax Refunds	$	6,000,000	$	6,000,000	120040
TOTAL Agency Fund Group			$	6,000,000	$	6,000,000	120041
TOTAL ALL BUDGET FUND GROUPS			$	41,002,957	$	41,002,957	120042

Section 407.20. OFFICE OF THE SINKING FUND

120044

The foregoing appropriation item 090401, Office of the	120045
Sinking Fund, shall be used for costs incurred by or on behalf of	120046
the Commissioners of the Sinking Fund and the Ohio Public	120047
Facilities Commission with respect to State of Ohio general	120048
obligation bonds or notes, and the Treasurer of State with respect	120049
to State of Ohio general obligation and special obligation bonds	120050
or notes, including, but not limited to, printing, advertising,	120051
delivery, rating fees and the procurement of ratings, professional	120052
publications, membership in professional organizations, and other	120053
services referred to in division (D) of section 151.01 of the	120054
Revised Code. The General Revenue Fund shall be reimbursed for	120055
such costs relating to the issuance and administration of Highway	120056
Capital Improvement bonds or notes authorized under Ohio	120057
Constitution, Article VIII, Section 2m and Chapter 151. of the	120058
Revised Code. That reimbursement shall be made from appropriation	120059
item 155902, Highway Capital Improvement Bond Retirement Fund, by	120060
intrastate transfer voucher pursuant to a certification by the	120061
Office of the Sinking Fund of the actual amounts used. The amounts	120062
necessary to make such a reimbursement are hereby appropriated	120063
from the Highway Capital Improvement Bond Retirement Fund created	120064
in section 151.06 of the Revised Code.	120065

POLICE AND FIRE DEATH BENEFIT FUND

120066

The foregoing appropriation item 090575, Police and Fire	120067
Death Benefits, shall be disbursed quarterly by the Treasurer of	120068
State at the beginning of each quarter of each fiscal year to the	120069
Board of Trustees of the Ohio Police and Fire Pension Fund. The	120070
Treasurer of State shall certify such amounts quarterly to the	120071
Director of Budget and Management. By the twentieth day of June of	120072
each fiscal year, the Board of Trustees of the Ohio Police and	120073
Fire Pension Fund shall certify to the Treasurer of State the	120074
amount disbursed in the current fiscal year to make the payments	120075
required by section 742.63 of the Revised Code and shall return to	120076
the Treasurer of State moneys received from this appropriation	120077
item but not disbursed.	120078

TAX REFUNDS

120079

The foregoing appropriation item 090635, Tax Refunds, shall	120080
be used to pay refunds under section 5703.052 of the Revised Code.	120081
If the Director of Budget and Management determines that	120082
additional amounts are necessary for this purpose, such amounts	120083
are hereby appropriated.	120084

Section 409.10. VTO VETERANS' ORGANIZATIONS

120085

General Revenue Fund	120086

VAP AMERICAN EX-PRISONERS OF WAR	120087

GRF

743501

State Support

28,910

120088

VAN ARMY AND NAVY UNION, USA, INC.	120089

GRF

746501

State Support

63,539

120090

VKW KOREAN WAR VETERANS	120091

GRF

747501

State Support

57,118

120092

VJW JEWISH WAR VETERANS	120093

GRF

748501

State Support

34,321

120094

VCW CATHOLIC WAR VETERANS	120095

GRF

749501

State Support

66,978

120096

VPH MILITARY ORDER OF THE PURPLE HEART	120097

GRF

750501

State Support

65,116

120098

VVV VIETNAM VETERANS OF AMERICA	120099

GRF

751501

State Support

214,776

120100

VAL AMERICAN LEGION OF OHIO	120101

GRF

752501

State Support

349,189

120102

VII AMVETS	120103

GRF

753501

State Support

332,547

120104

VAV DISABLED AMERICAN VETERANS	120105

GRF

754501

State Support

249,836

120106

VMC MARINE CORPS LEAGUE	120107

GRF

756501

State Support

133,947

120108

V37 37TH DIVISION VETERANS' ASSOCIATION	120109

GRF

757501

State Support

6,868

120110

VFW VETERANS OF FOREIGN WARS	120111

GRF

758501

State Support

284,841

120112

TOTAL GRF General Revenue Fund					$	1,887,986		$	1,887,986		120113
TOTAL ALL BUDGET FUND GROUPS					$	1,887,986		$	1,887,986		120114

RELEASE OF FUNDS

120115

The Director of Budget and Management may release the	120116
foregoing appropriation items 743501, 746501, 747501, 748501,	120117
749501, 750501, 751501, 752501, 753501, 754501, 756501, 757501,	120118
and 758501, State Support.	120119

Section 411.10. DVS DEPARTMENT OF VETERANS SERVICES

120120

General Revenue Fund	120121

GRF	900321	Veterans' Homes	$	27,369,946	$	27,369,946	120122
GRF	900402	Hall of Fame	$	107,075	$	107,075	120123
GRF	900408	Department of Veterans Services	$	1,901,823	$	1,901,823	120124
GRF	900901	Persian Gulf, Afghanistan, and Iraq Compensation Debt Service	$	5,486,600	$	10,112,100	120125
TOTAL GRF General Revenue Fund			$	34,865,444	$	39,490,944	120126

General Services Fund Group	120127

4840	900603		Veterans' Homes Services		$	305,806		$	312,458		120128
TOTAL GSF General Services Fund Group					$	305,806		$	312,458		120129

Federal Special Revenue Fund Group	120130

3680	900614	Veterans Training	$	769,500	$	754,377	120131
3740	900606	Troops to Teachers	$	136,786	$	133,461	120132
3BX0	900609	Medicare Services	$	2,500,000	$	2,490,169	120133
3L20	900601	Veterans' Homes Operations - Federal	$	23,455,379	$	23,476,269	120134
TOTAL FED Federal Special Revenue							120135
Fund Group			$	26,861,665	$	26,854,276	120136

State Special Revenue Fund Group	120137

4E20	900602	Veterans' Homes Operating	$	10,117,680	$	10,319,078	120138
6040	900604	Veterans' Homes Improvement	$	347,598	$	398,731	120139
TOTAL SSR State Special Revenue							120140
Fund Group			$	10,465,278	$	10,717,809	120141

Persian Gulf, Afghanistan, and Iraq Compensation Fund Group	120142

7041	900615	Veteran Bonus Program - Administration	$	1,605,410	$	1,147,703	120143
7041	900641	Persian Gulf, Afghanistan, and Iraq Compensation	$	25,425,000	$	24,300,000	120144
TOTAL 041 Persian Gulf,							120145
Afghanistan, and Iraq							120146
Compensation Fund Group			$	27,030,410	$	25,447,703	120147
TOTAL ALL BUDGET FUND GROUPS			$	99,528,603	$	102,823,190	120148

PERSIAN GULF, AFGHANISTAN AND IRAQ COMPENSATION GENERAL	120149
OBLIGATION DEBT SERVICE	120150

The foregoing appropriation item 900901, Persian Gulf,	120151
Afghanistan and Iraq Compensation Debt Service, shall be used to	120152
pay all debt service and related financing costs during the period	120153
from July 1, 2011, through June 30, 2013, on obligations issued	120154
for Persian Gulf, Afghanistan and Iraq Conflicts Compensation	120155
purposes under sections 151.01 and 151.12 of the Revised Code.	120156

Section 413.10. DVM STATE VETERINARY MEDICAL BOARD

120157

General Services Fund Group	120158

4K90	888609	Operating Expenses	$	322,375	$	319,857	120159
5BV0	888602	Veterinary Student Loan Program	$	30,000	$	30,000	120160
TOTAL GSF General Services							120161
Fund Group			$	352,375	$	349,857	120162
TOTAL ALL BUDGET FUND GROUPS			$	352,375	$	349,857	120163

Section 415.10. DYS DEPARTMENT OF YOUTH SERVICES

120165

General Revenue Fund	120166

GRF	470401	RECLAIM Ohio	$	168,716,967	$	162,362,228	120167
GRF	470412	Lease Rental Payments	$	10,221,800	$	27,230,100	120168
GRF	470510	Youth Services	$	16,702,728	$	16,702,728	120169
GRF	472321	Parole Operations	$	10,830,019	$	10,583,118	120170
GRF	477321	Administrative Operations	$	12,222,051	$	11,855,389	120171
TOTAL GRF General Revenue Fund			$	218,693,565	$	228,733,563	120172

General Services Fund Group	120173

1750	470613	Education Reimbursement	$	8,160,277	$	8,151,056	120174
4790	470609	Employee Food Service	$	150,000	$	150,000	120175
4A20	470602	Child Support	$	450,000	$	400,000	120176
4G60	470605	General Operational Funds	$	125,000	$	125,000	120177
5BN0	470629	E-Rate Program	$	535,000	$	535,000	120178
TOTAL GSF General Services							120179
Fund Group			$	9,420,277	$	9,361,056	120180

Federal Special Revenue Fund Group	120181

3210	470601	Education	$	1,774,469	$	1,517,840	120182
3210	470603	Juvenile Justice Prevention	$	300,000	$	300,000	120183
3210	470606	Nutrition	$	1,747,432	$	1,704,022	120184
3210	470610	Rehabilitation Programs	$	36,000	$	36,000	120185
3210	470614	Title IV-E Reimbursements	$	6,000,000	$	6,000,000	120186
3BY0	470635	Federal Juvenile Programs FFY 07	$	56,471	$	2,000	120187
3BZ0	470636	Federal Juvenile Programs FFY 08	$	82,000	$	1,618	120188
3CP0	470638	Federal Juvenile Programs FFY 09	$	500,000	$	300,730	120189
3CR0	470639	Federal Juvenile Programs FFY 10	$	800,000	$	479,900	120190
3FB0	470641	Federal Juvenile Programs FFY 11	$	135,000	$	600,000	120191
3FC0	470642	Federal Juvenile Programs FFY 12	$	0	$	135,000	120192
3V50	470604	Juvenile Justice/Delinquency Prevention	$	2,010,000	$	2,000,000	120193
TOTAL FED Federal Special Revenue							120194
Fund Group			$	13,441,372	$	13,077,110	120195

State Special Revenue Fund Group	120196

1470	470612	Vocational Education	$	762,126	$	758,210	120197
TOTAL SSR State Special Revenue							120198
Fund Group			$	762,126	$	758,210	120199
TOTAL ALL BUDGET FUND GROUPS			$	242,317,340	$	251,929,939	120200

COMMUNITY PROGRAMS

120201

Of the foregoing appropriation item 470401, RECLAIM Ohio, an	120202
amount equal to forty-five per cent of the unexpended,	120203
unencumbered balance used for the purpose of funding juvenile	120204
correctional facilities, at the end of each fiscal year, is hereby	120205
reappropriated to the next fiscal year, and shall be used for the	120206
purpose of expanding Targeted RECLAIM, the Behavioral Health	120207
Juvenile Justice Initiative, and other evidence-based community	120208
programs.	120209

OHIO BUILDING AUTHORITY LEASE PAYMENTS

120210

The foregoing appropriation item 470412, Lease Rental	120211
Payments, shall be used to meet all payments at the times they are	120212
required to be made for the period from July 1, 2011, through June	120213
30, 2013, by the Department of Youth Services to the Ohio Building	120214
Authority under the leases and agreements for facilities made	120215
under Chapter 152. of the Revised Code. This appropriation is the	120216
source of funds pledged for bond service charges on related	120217
obligations issued pursuant to Chapter 152. of the Revised Code.	120218

EDUCATION REIMBURSEMENT

120219

The foregoing appropriation item 470613, Education	120220
Reimbursement, shall be used to fund the operating expenses of	120221
providing educational services to youth supervised by the	120222
Department of Youth Services. Operating expenses include, but are	120223
not limited to, teachers' salaries, maintenance costs, and	120224
educational equipment. This appropriation item may be used for	120225
capital expenses related to the education program.	120226

EMPLOYEE FOOD SERVICE AND EQUIPMENT

120227

Notwithstanding section 125.14 of the Revised Code, the	120228
foregoing appropriation item 470609, Employee Food Service, may be	120229
used to purchase any food operational items with funds received	120230
into the fund from reimbursements for state surplus property.	120231

FLEXIBLE FUNDING FOR CHILDREN AND FAMILIES

120232

In collaboration with the county family and children first	120233
council, the juvenile court of that county that receives	120234
allocations from one or both of the foregoing appropriation items	120235
470401, RECLAIM Ohio, and 470510, Youth Services, may transfer	120236
portions of those allocations to a flexible funding pool as	120237
authorized by the section titled FAMILY AND CHILDREN FIRST	120238
FLEXIBLE FUNDING POOL, of this act.	120239

Section 501.10. All items set forth in this section are	120240
hereby appropriated for fiscal year 2012 out of any moneys in the	120241
state treasury to the credit of the Administrative Building Fund	120242
(Fund 7026) that are not otherwise appropriated.	120243

CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD	120244

C87416	Statehouse Boiler Replacement	$	900,000	120245
Total Capitol Square Review and Advisory Board		$	900,000	120246
TOTAL Administrative Building Fund		$	900,000	120247

Section 503.10. PERSONAL SERVICE EXPENSES

120249

Unless otherwise prohibited by law, any appropriation from	120250
which personal service expenses are paid shall bear the employer's	120251
share of public employees' retirement, workers' compensation,	120252
disabled workers' relief, and insurance programs; and the costs of	120253
centralized financial services, centralized payroll processing,	120254
and related reports and services; centralized human resources	120255
services, including affirmative action and equal employment	120256
opportunity programs; the Office of Collective Bargaining; the	120257
Employee Assistance Program; centralized information technology	120258
management services; administering the enterprise resource	120259
planning system; and administering the state employee merit system	120260
as required by section 124.07 of the Revised Code. These costs	120261
shall be determined in conformity with the appropriate sections of	120262
law and paid in accordance with procedures specified by the Office	120263
of Budget and Management. Expenditures from appropriation item	120264
070601, Public Audit Expense - Intra-State, may be exempted from	120265
the requirements of this section.	120266

Section 503.20. SATISFACTION OF JUDGMENTS AND SETTLEMENTS	120267
AGAINST THE STATE	120268

Except as otherwise provided in this section, an	120269
appropriation in this act or any other act may be used for the	120270
purpose of satisfying judgments, settlements, or administrative	120271
awards ordered or approved by the Court of Claims or by any other	120272
court of competent jurisdiction in connection with civil actions	120273
against the state. This authorization does not apply to	120274
appropriations to be applied to or used for payment of guarantees	120275
by or on behalf of the state, or for payments under lease	120276
agreements relating to, or debt service on, bonds, notes, or other	120277
obligations of the state. Notwithstanding any other statute to the	120278
contrary, this authorization includes appropriations from funds	120279
into which proceeds of direct obligations of the state are	120280
deposited only to the extent that the judgment, settlement, or	120281
administrative award is for, or represents, capital costs for	120282
which the appropriation may otherwise be used and is consistent	120283
with the purpose for which any related obligations were issued or	120284
entered into. Nothing contained in this section is intended to	120285
subject the state to suit in any forum in which it is not	120286
otherwise subject to suit, and is not intended to waive or	120287
compromise any defense or right available to the state in any suit	120288
against it.	120289

Section 503.30. CAPITAL PROJECT SETTLEMENTS

120290

This section specifies an additional and supplemental	120291
procedure to provide for payments of judgments and settlements if	120292
the Director of Budget and Management determines, pursuant to	120293
division (C)(4) of section 2743.19 of the Revised Code, that	120294
sufficient unencumbered moneys do not exist in the fund to support	120295
a particular appropriation to pay the amount of a final judgment	120296
rendered against the state or a state agency, including the	120297
settlement of a claim approved by a court, in an action upon and	120298
arising out of a contractual obligation for the construction or	120299
improvement of a capital facility if the costs under the contract	120300
were payable in whole or in part from a state capital projects	120301
appropriation. In such a case, the Director may either proceed	120302
pursuant to division (C)(4) of section 2743.19 of the Revised Code	120303
or apply to the Controlling Board to increase an appropriation or	120304
create an appropriation out of any unencumbered moneys in the	120305
state treasury to the credit of the capital projects fund from	120306
which the initial state appropriation was made. The amount of an	120307
increase in appropriation or new appropriation approved by the	120308
Controlling Board is hereby appropriated from the applicable	120309
capital projects fund and made available for the payment of the	120310
judgment or settlement.	120311

If the Director does not make the application authorized by	120312
this section or the Controlling Board disapproves the application,	120313
and the Director does not make application under division (C)(4)	120314
of section 2743.19 of the Revised Code, the Director shall for the	120315
purpose of making that payment make a request to the General	120316
Assembly as provided for in division (C)(5) of that section.	120317

Section 503.40. RE-ISSUANCE OF VOIDED WARRANTS

120318

In order to provide funds for the reissuance of voided	120319
warrants under section 126.37 of the Revised Code, there is hereby	120320
appropriated, out of moneys in the state treasury from the fund	120321
credited as provided in section 126.37 of the Revised Code, that	120322
amount sufficient to pay such warrants when approved by the Office	120323
of Budget and Management.	120324

Section 503.50. REAPPROPRIATION OF UNEXPENDED ENCUMBERED	120325
BALANCES OF OPERATING APPROPRIATIONS	120326

(A) An unexpended balance of an operating appropriation or	120327
reappropriation that a state agency lawfully encumbered prior to	120328
the close of a fiscal year is hereby reappropriated on the first	120329
day of July of the following fiscal year from the fund from which	120330
it was originally appropriated or reappropriated for the following	120331
period and shall remain available only for the purpose of	120332
discharging the encumbrance:	120333

(1) For an encumbrance for personal services, maintenance,	120334
equipment, or items for resale, other than an encumbrance for an	120335
item of special order manufacture not available on term contract	120336
or in the open market or for reclamation of land or oil and gas	120337
wells, for a period of not more than five months from the end of	120338
the fiscal year;	120339

(2) For an encumbrance for an item of special order	120340
manufacture not available on term contract or in the open market,	120341
for a period of not more than five months from the end of the	120342
fiscal year or, with the written approval of the Director of	120343
Budget and Management, for a period of not more than twelve months	120344
from the end of the fiscal year;	120345

(3) For an encumbrance for reclamation of land or oil and gas	120346
wells, for a period ending when the encumbered appropriation is	120347
expended or for a period of two years, whichever is less;	120348

(4) For an encumbrance for any other expense, for such period	120349
as the Director approves, provided such period does not exceed two	120350
years.	120351

(B) Any operating appropriations for which unexpended	120352
balances are reappropriated beyond a five-month period from the	120353
end of the fiscal year by division (A)(2) of this section shall be	120354
reported to the Controlling Board by the Director of Budget and	120355
Management by the thirty-first day of December of each year. The	120356
report on each such item shall include the item, the cost of the	120357
item, and the name of the vendor. The report shall be updated on a	120358
quarterly basis for encumbrances remaining open.	120359

(C) Upon the expiration of the reappropriation period set out	120360
in division (A) of this section, a reappropriation made by this	120361
section lapses, and the Director of Budget and Management shall	120362
cancel the encumbrance of the unexpended reappropriation not later	120363
than the end of the weekend following the expiration of the	120364
reappropriation period.	120365

(D) Notwithstanding division (C) of this section, with the	120366
approval of the Director of Budget and Management, an unexpended	120367
balance of an encumbrance that was reappropriated on the first day	120368
of July by this section for a period specified in division (A)(3)	120369
or (4) of this section and that remains encumbered at the close of	120370
the fiscal biennium is hereby reappropriated on the first day of	120371
July of the following fiscal biennium from the fund from which it	120372
was originally appropriated or reappropriated for the applicable	120373
period specified in division (A)(3) or (4) of this section and	120374
shall remain available only for the purpose of discharging the	120375
encumbrance.	120376

(E) The Director of Budget and Management may correct	120377
accounting errors committed by the staff of the Office of Budget	120378
and Management, such as re-establishing encumbrances or	120379
appropriations cancelled in error, during the cancellation of	120380
operating encumbrances in November and of nonoperating	120381
encumbrances in December.	120382

(F) If the Controlling Board approved a purchase, that	120383
approval remains in effect so long as the appropriation used to	120384
make that purchase remains encumbered.	120385

Section 503.60. APPROPRIATIONS RELATED TO CASH TRANSFERS AND	120386
RE-ESTABLISHMENT OF ENCUMBRANCES	120387

Any cash transferred by the Director of Budget and Management	120388
under section 126.15 of the Revised Code is hereby appropriated.	120389
Any amounts necessary to re-establish appropriations or	120390
encumbrances under section 126.15 of the Revised Code are hereby	120391
appropriated.	120392

Section 503.70. INCOME TAX DISTRIBUTION TO COUNTIES

120393

There are hereby appropriated out of any moneys in the state	120394
treasury to the credit of the General Revenue Fund, which are not	120395
otherwise appropriated, funds sufficient to make any payment	120396
required by division (B)(2) of section 5747.03 of the Revised	120397
Code.	120398

Section 503.80. EXPENDITURES AND APPROPRIATION INCREASES	120399
APPROVED BY THE CONTROLLING BOARD	120400

Any money that the Controlling Board approves for expenditure	120401
or any increase in appropriation that the Controlling Board	120402
approves under sections 127.14, 131.35, and 131.39 of the Revised	120403
Code or any other provision of law is hereby appropriated for the	120404
period ending June 30, 2013.	120405

Section 503.90. FUNDS RECEIVED FOR USE OF GOVERNOR'S	120406
RESIDENCE	120407

If the Governor's Residence Fund (Fund 4H20) receives payment	120408
for use of the residence pursuant to section 107.40 of the Revised	120409
Code, the amounts so received are hereby appropriated to	120410
appropriation item 100604, Governor's Residence Gift.	120411

Section 506.10. UTILITY RADIOLOGICAL SAFETY BOARD ASSESSMENTS

120412

Unless the agency and nuclear electric utility mutually agree	120413
to a higher amount by contract, the maximum amounts that may be	120414
assessed against nuclear electric utilities under division (B)(2)	120415
of section 4937.05 of the Revised Code and deposited into the	120416
specified funds are as follows:	120417

Fund	User		FY 2012		FY 2013	120418
Utility Radiological Safety Fund (Fund 4E40)	Department of Agriculture	$	131,785	$	131,785	120419
Radiation Emergency Response Fund (Fund 6100)	Department of Health	$	930,525	$	930,576	120420
ER Radiological Safety Fund (Fund 6440)	Environmental Protection Agency	$	279,838	$	279,966	120421
Emergency Response Plan Fund (Fund 6570)	Department of Public Safety	$	1,415,945	$	1,415,945	120422

Section 512.10. TRANSFERS TO THE GENERAL REVENUE FUND OF	120423
INTEREST EARNED	120424

Notwithstanding any provision of law to the contrary, the	120425
Director of Budget and Management, through June 30, 2013, may	120426
transfer interest earned by any state fund to the General Revenue	120427
Fund. This section does not apply to funds whose source of revenue	120428
is restricted or protected by the Ohio Constitution, federal tax	120429
law, or the "Cash Management Improvement Act of 1990," 104 Stat.	120430
1058 (1990), 31 U.S.C. 6501 et seq., as amended.	120431

Section 512.30. CASH TRANSFERS TO THE GENERAL REVENUE FUND	120432
FROM NON-GRF FUNDS	120433

Notwithstanding any provision of law to the contrary, during	120434
fiscal years 2012 and 2013, the Director of Budget and Management	120435
may transfer up to $60,000,000 in cash from non-General Revenue	120436
Funds that are not constitutionally restricted to the General	120437
Revenue Fund in order to ensure that available General Revenue	120438
Fund receipts and balances are sufficient to support General	120439
Revenue Fund appropriations in each fiscal year.	120440

Section 512.40. FISCAL YEAR 2011 GENERAL REVENUE FUND ENDING	120441
BALANCE	120442

Notwithstanding divisions (B) and (C) of section 131.44 of	120443
the Revised Code, the Director of Budget and Management shall	120444
determine the surplus General Revenue Fund revenue that existed on	120445
June 30, 2011, in excess of the amount required under division	120446
(A)(3) of section 131.44 of the Revised Code, and transfer from	120447
the General Revenue Fund, to the extent of the amount so	120448
determined, the following:	120449

(A) First, to the Disaster Services Fund (Fund 5E20), a cash	120450
amount equal to half the surplus General Revenue Fund revenue, up	120451
to $25,000,000;	120452

(B) Then, to the Teacher Incentive Program Fund (Fund 5KG0),	120453
a cash amount equal to half the surplus General Revenue Fund	120454
revenue, up to $25,000,000.	120455

Section 512.60. NATURAL RESOURCES PUBLICATIONS

120456

On July 1, 2011, or as soon as possible thereafter, the	120457
Director of Budget and Management, at the request of the Director	120458
of Natural Resources, shall transfer the remaining cash balance in	120459
the Natural Resources Publications and Promotional Materials Fund	120460
(Fund 5080) to the Departmental Projects Fund (Fund 1550) and the	120461
Geological Mapping Fund (Fund 5110) in such amounts as determined	120462
by the Director of Budget and Management after consultation with	120463
the Director of Natural Resources. The Director of Budget and	120464
Management shall cancel all existing encumbrances against	120465
appropriation item 725684, Natural Resources Publications, and	120466
reestablish them against appropriation item 725601, Departmental	120467
Projects, and appropriation item 725646, Ohio Geological Mapping.	120468
Upon completion of the transfer, the Natural Resources	120469
Publications and Promotional Materials Fund is hereby abolished.	120470
Beginning July 1, 2011, all moneys from the sale of books,	120471
bulletins, maps, or other publications and promotional materials	120472
shall be credited to the Departmental Projects Fund (Fund 1550) or	120473
the Geological Mapping Fund (Fund 5110) as determined by the	120474
Director of Natural Resources.	120475

Section 512.70. On July 1, 2011, or as soon as possible	120476
thereafter, the Director of Budget and Management shall transfer	120477
the cash balance in the Penalty Enforcement Fund (Fund 5K70) to	120478
the Labor Operating Fund (Fund 5560). The Director shall cancel	120479
any existing encumbrances against appropriation item 800621,	120480
Penalty Enforcement, and re-establish them against appropriation	120481
item 800615, Industrial Compliance. The re-established encumbrance	120482
amounts are hereby appropriated. Upon completion of the transfer,	120483
Fund 5K70 is abolished.	120484

Section 512.80. ABOLISHMENT OF PASSPORT FUND

120485

On July 1, 2011, or as soon as possible thereafter, the	120486
Director of Budget and Management shall transfer the cash balance	120487
in the PASSPORT Fund (Fund 4U90) to the Nursing Home Franchise	120488
Permit Fee Fund (Fund 5R20). Upon completion of the transfer, Fund	120489
4U90 is abolished. The Director shall cancel any existing	120490
encumbrances against appropriation item 490602, PASSPORT Fund, and	120491
reestablish them against appropriation item 600613, Nursing	120492
Facility Bed Assessments. The reestablished encumbrance amounts	120493
are hereby appropriated.	120494

Section 512.90. DIESEL EMISSIONS REDUCTION GRANT PROGRAM

120495

There is established in the Highway Operating Fund (Fund	120496
7002) in the Department of Transportation a Diesel Emissions	120497
Reduction Grant Program. The Director of Development shall	120498
administer the program and shall solicit, evaluate, score, and	120499
select projects submitted by public and private entities that are	120500
eligible for the federal Congestion Mitigation and Air Quality	120501
(CMAQ) Program. The Director of Transportation shall process	120502
Federal Highway Administration-approved projects as recommended by	120503
the Director of Development.	120504

In addition to the allowable expenditures set forth in	120505
section 122.861 of the Revised Code, Diesel Emissions Reduction	120506
Grant Program funds also may be used to fund projects involving	120507
the purchase or use of hybrid and alternative fuel vehicles that	120508
are allowed under guidance developed by the Federal Highway	120509
Administration for the CMAQ Program.	120510

Public entities eligible to receive funds under section	120511
122.861 of the Revised Code and CMAQ shall be reimbursed from the	120512
Department of Transportation's Diesel Emissions Reduction Grant	120513
Program.	120514

Private entities eligible to receive funds under section	120515
122.861 of the Revised Code and CMAQ shall be reimbursed through	120516
transfers of cash from the Department of Transportation's Diesel	120517
Emissions Reduction Grant Program to the Diesel Emissions	120518
Reduction Grant Fund (Fund 3BD0) used by the Department of	120519
Development.	120520

Appropriation item 195697, Diesel Emissions Reduction Grants,	120521
is established with an appropriation of $10,000,000 in FY 2012 and	120522
$10,000,000 in FY 2013. Total expenditures between both the	120523
Departments of Development and Transportation shall not exceed the	120524
amounts appropriated in this section.	120525

On or before June 30, 2012, any unencumbered balance of the	120526
foregoing appropriation item 195697, Diesel Emissions Reduction	120527
Grants, for fiscal year 2012 is appropriated for the same purposes	120528
in fiscal year 2013.	120529

Any cash transfers or allocations under this section	120530
represent CMAQ program moneys within the Department of	120531
Transportation for use by the Diesel Emissions Reduction Grant	120532
Program by the Department of Development. These allocations shall	120533
not reduce the amount of such moneys designated for metropolitan	120534
planning organizations.	120535

The Director of Development, in consultation with the	120536
Directors of Environmental Protection and Transportation, shall	120537
develop guidance for the distribution of funds and for the	120538
administration of the Diesel Emissions Reduction Grant Program.	120539
The guidance shall include a method of prioritization for	120540
projects, acceptable technologies, and procedures for awarding	120541
grants.	120542

Section 515.20. (A) On the effective date of the amendment of	120543
the statutes creating the Division of Oil and Gas Resources	120544
Management in the Department of Natural Resources by this act, the	120545
functions, assets, and liabilities of the Division of Mineral	120546
Resources Management in the Department of Natural Resources with	120547
respect to oil and gas are transferred to the Division of Oil and	120548
Gas Resources Management. The Division of Oil and Gas Resources	120549
Management is successor to, assumes the obligations and authority	120550
of, and otherwise continues the Division of Mineral Resources	120551
Management with respect to oil and gas. No right, privilege, or	120552
remedy, and no duty, liability, or obligation, accrued under the	120553
Division of Mineral Resources Management with respect to oil and	120554
gas is impaired or lost by reason of the transfer and shall be	120555
recognized, administered, performed, or enforced by the Division	120556
of Oil and Gas Resources Management.	120557

(B) Business commenced but not completed by the Division of	120558
Mineral Resources Management or by the Chief of the Division of	120559
Mineral Resources Management with respect to oil and gas shall be	120560
completed by the Division of Oil and Gas Resources Management or	120561
the Chief of the Division of Oil and Gas Resources Management in	120562
the same manner, and with the same effect, as if completed by the	120563
Division of Mineral Resources Management or by the Chief of the	120564
Division of Mineral Resources Management.	120565

(C) All of the Division of Mineral Resources Management's	120566
rules, orders, and determinations with respect to oil and gas	120567
continue in effect as rules, orders, and determinations of the	120568
Division of Oil and Gas Resources Management until modified or	120569
rescinded by the Division of Oil and Gas Resources Management. If	120570
necessary to ensure the integrity of the numbering of the	120571
Administrative Code, the Director of the Legislative Service	120572
Commission shall renumber the Division of Mineral Resources	120573
Management's rules with respect to oil and gas to reflect their	120574
transfer to the Division of Oil and Gas Resources Management.	120575

(D) The Director of Budget and Management shall determine the	120576
amount of unexpended balances in the appropriation accounts that	120577
pertain to the Division of Mineral Resources Management with	120578
respect to oil and gas and shall recommend to the Controlling	120579
Board their transfer to the appropriation accounts that pertain to	120580
the Division of Oil and Gas Resources Management. The Chief of the	120581
Division of Mineral Resources Management shall provide full and	120582
timely information to the Controlling Board to facilitate the	120583
transfer.	120584

(E) Whenever the Division of Mineral Resources Management or	120585
the Chief of the Division of Mineral Resources Management is	120586
referred to in a statute, contract, or other instrument with	120587
respect to oil and gas, the reference is deemed to refer to the	120588
Division of Oil and Gas Resources Management or to the Chief of	120589
the Division of Oil and Gas Resources Management, whichever is	120590
appropriate in context.	120591

(F) No pending action or proceeding being prosecuted or	120592
defended in court or before an agency with respect to oil and gas	120593
by the Division of Mineral Resources Management or the Chief of	120594
the Division of Mineral Resources Management is affected by the	120595
transfer and shall be prosecuted or defended in the name of the	120596
Division of Oil and Gas Resources Management or the Chief of the	120597
Division of Oil and Gas Resources Management, whichever is	120598
appropriate. Upon application to the court or agency, the Division	120599
of Oil and Gas Resources Management or the Chief of the Division	120600
of Oil and Gas Resources Management shall be substituted as a	120601
party.	120602

Section 515.30. (A) On the effective date of the amendment of	120603
the statutes governing the Ohio Coal Development Office by this	120604
act, the Ohio Coal Development Office and all of its functions,	120605
together with its assets and liabilities, are transferred from	120606
within the Ohio Air Quality Development Authority to within the	120607
Department of Development. The Ohio Coal Development Office in the	120608
Department of Development assumes the obligations of and otherwise	120609
constitutes the continuation of the Ohio Coal Development Office	120610
in the Ohio Air Quality Development Authority.	120611

(B) Any business commenced but not completed by the Ohio Coal	120612
Development Office in the Ohio Air Quality Development Authority	120613
or the Director of that office on the effective date of the	120614
amendment of the statutes governing that Office by this act shall	120615
be completed by the Ohio Coal Development Office in the Department	120616
of Development or the Director of that Office in the same manner,	120617
and with the same effect, as if completed by the Ohio Coal	120618
Development Office in the Ohio Air Quality Development Authority	120619
or the Director of that Office. Any validation, cure, right,	120620
privilege, remedy, obligation, or liability is not lost or	120621
impaired by reason of the transfer required by this section and	120622
shall be administered by the Ohio Coal Development Office in the	120623
Department of Development.	120624

(C) All of the rules, orders, and determinations of the Ohio	120625
Coal Development Office in the Ohio Air Quality Development	120626
Authority or of the Ohio Air Quality Development Authority in	120627
relation to that Office continue in effect as rules, orders, and	120628
determinations of the Ohio Coal Development Office in the	120629
Department of Development until modified or rescinded by that	120630
Office or by the Department of Development in relation to that	120631
Office. If necessary to ensure the integrity of the numbering of	120632
the Administrative Code, the Director of the Legislative Service	120633
Commission shall renumber rules of the Ohio Air Quality	120634
Development Authority in relation to the Ohio Coal Development	120635
Office in the Ohio Air Quality Development Authority to reflect	120636
the transfer to the Department of Development.	120637

(D) Subject to the lay-off provisions of sections 124.321 to	120638
124.328 of the Revised Code, all of the employees of the Ohio Coal	120639
Development Office in the Ohio Air Quality Development Authority	120640
are transferred to the Ohio Coal Development Office in the	120641
Department of Development and retain their positions and all the	120642
benefits accruing thereto.	120643

(E) Whenever the Ohio Coal Development Office in the Ohio Air	120644
Quality Development Office or the Authority in relation to that	120645
Office is referred to in any law, contract, or other document, the	120646
reference shall be deemed to refer to the Ohio Coal Development	120647
Office in the Department of Development or the Director of	120648
Development in relation to that Office, whichever is appropriate	120649
in context.	120650

(F) Any action or proceeding pending on the effective date of	120651
the amendment of the statutes governing the Ohio Coal Development	120652
Office by this act is not affected by the transfer of that Office	120653
and shall be prosecuted or defended in the name of the Department	120654
of Development or the Ohio Coal Development Office in that	120655
Department. In all such actions and proceedings, the Department of	120656
Development or the Ohio Coal Development Office in that	120657
Department, upon application to the court, shall be substituted as	120658
a party.	120659

Section 518.10. GENERAL OBLIGATION DEBT SERVICE PAYMENTS

120660

Certain appropriations are in this act for the purpose of	120661
paying debt service and financing costs on general obligation	120662
bonds or notes of the state issued pursuant to the Ohio	120663
Constitution and acts of the General Assembly. If it is determined	120664
that additional appropriations are necessary for this purpose,	120665
such amounts are hereby appropriated.	120666

Section 518.20. LEASE PAYMENTS TO OPFC, OBA, AND TREASURER OF	120667
STATE	120668

Certain appropriations are in this act for the purpose of	120669
making lease rental payments pursuant to leases and agreements	120670
relating to bonds or notes issued by the Ohio Building Authority	120671
or the Treasurer of State, or previously by the Ohio Public	120672
Facilities Commission, pursuant to the Ohio Constitution and acts	120673
of the General Assembly. If it is determined that additional	120674
appropriations are necessary for this purpose, such amounts are	120675
hereby appropriated.	120676

Section 518.30. AUTHORIZATION FOR TREASURER OF STATE AND OBM	120677
TO EFFECTUATE CERTAIN DEBT SERVICE PAYMENTS	120678

The Office of Budget and Management shall process payments	120679
from general obligation and lease rental payment appropriation	120680
items during the period from July 1, 2011, through June 30, 2013,	120681
relating to bonds or notes issued under Sections 2i, 2k, 2l, 2m,	120682
2n, 2o, 2p, 2q, 2r, and 15 of Article VIII, Ohio Constitution, and	120683
Chapters 151. and 154. of the Revised Code. Payments shall be made	120684
upon certification by the Treasurer of State of the dates and the	120685
amounts due on those dates.	120686

Section 518.40. AUTHORIZATION FOR OHIO BUILDING AUTHORITY	120687
AND OBM TO EFFECTUATE CERTAIN LEASE RENTAL PAYMENTS	120688

The Office of Budget and Management shall process payments	120689
from lease rental payment appropriation items during the period	120690
from July 1, 2011, through June 30, 2013, pursuant to the lease	120691
agreements entered into relating to bonds or notes issued under	120692
Section 2i of Article VIII, Ohio Constitution, and Chapter 152. of	120693
the Revised Code. Payments shall be made upon certification by the	120694
Ohio Building Authority of the dates and the amounts due on those	120695
dates.	120696

Section 521.10. STATE AND LOCAL REBATE AUTHORIZATION

120697

There is hereby appropriated, from those funds designated by	120698
or pursuant to the applicable proceedings authorizing the issuance	120699
of state obligations, amounts computed at the time to represent	120700
the portion of investment income to be rebated or amounts in lieu	120701
of or in addition to any rebate amount to be paid to the federal	120702
government in order to maintain the exclusion from gross income	120703
for federal income tax purposes of interest on those state	120704
obligations under section 148(f) of the Internal Revenue Code.	120705

Rebate payments shall be approved and vouchered by the Office	120706
of Budget and Management.	120707

Section 521.20. STATEWIDE INDIRECT COST RECOVERY

120708

Whenever the Director of Budget and Management determines	120709
that an appropriation made to a state agency from a fund of the	120710
state is insufficient to provide for the recovery of statewide	120711
indirect costs under section 126.12 of the Revised Code, the	120712
amount required for such purpose is hereby appropriated from the	120713
available receipts of such fund.	120714

Section 521.30. TRANSFERS ON BEHALF OF THE STATEWIDE	120715
INDIRECT COST ALLOCATION PLAN	120716

The total transfers made from the General Revenue Fund by the	120717
Director of Budget and Management under this section shall not	120718
exceed the amounts transferred into the General Revenue Fund under	120719
section 126.12 of the Revised Code.	120720

The director of an agency may certify to the Director of	120721
Budget and Management the amount of expenses not allowed to be	120722
included in the Statewide Indirect Cost Allocation Plan under	120723
federal regulations, from any fund included in the Statewide	120724
Indirect Cost Allocation Plan, prepared as required by section	120725
126.12 of the Revised Code.	120726

Upon determining that no alternative source of funding is	120727
available to pay for such expenses, the Director of Budget and	120728
Management may transfer from the General Revenue Fund into the	120729
fund for which the certification is made, up to the amount of the	120730
certification. The director of the agency receiving such funds	120731
shall include, as part of the next budget submission prepared	120732
under section 126.02 of the Revised Code, a request for funding	120733
for such activities from an alternative source such that further	120734
federal disallowances would not be required.	120735

The director of an agency may certify to the Director of	120736
Budget and Management the amount of expenses paid in error from a	120737
fund included in the Statewide Indirect Cost Allocation Plan. The	120738
Director of Budget and Management may transfer cash from the fund	120739
from which the expenditure should have been made into the fund	120740
from which the expenses were erroneously paid, up to the amount of	120741
the certification.	120742

Section 521.30.10. OGRIP FUNDS TRANSFER TO THE GENERAL	120743
REVENUE FUND	120744

On July 1, 2011, or as soon as possible thereafter, the	120745
Director of Budget and Management may transfer cash in the amount	120746
of $15,072.03 from the Federal Grants OGRIP Fund (Fund 3H60) to	120747
the General Revenue Fund. This amount represents residual funds	120748
from old federal grants for the state's OGRIP program that have	120749
been closed by the federal awarding agency.	120750

Section 521.30.20. TRANSFER OF FEDERAL FUNDS

120751

On July 1, 2011, or as soon as possible thereafter, the	120752
Director of Environmental Protection shall certify to the Director	120753
of Budget and Management the cash balance in the DOE Monitoring	120754
and Oversight Fund (Fund 3N40). The Director of Budget and	120755
Management shall transfer the certified amount from Fund 3N40 to	120756
the Federally Supported Response Fund (Fund 3F30). Upon completion	120757
of the transfer, Fund 3N40 is abolished. The Director shall cancel	120758
any existing encumbrances against appropriation item 715657, DOE	120759
Monitoring and Oversight, and re-establish them against	120760
appropriation item 715632, Federally Supported Response. The	120761
re-established encumbrance amounts are hereby appropriated.	120762

On July 1, 2011, or as soon as possible thereafter, the	120763
Director of Environmental Protection shall certify to the Director	120764
of Budget and Management the cash balance in the DOD Monitoring	120765
and Oversight Fund (Fund 3K40). The Director of Budget and	120766
Management shall transfer the certified amount from Fund 3K40 to	120767
the Federally Supported Response Fund (Fund 3F30). Upon completion	120768
of the transfer, Fund 3K40 is abolished. The Director shall cancel	120769
any existing encumbrances against appropriation item 715634, DOD	120770
Monitoring and Oversight, and re-establish them against	120771
appropriation item 715632, Federally Supported Response. The	120772
re-established encumbrance amounts are hereby appropriated.	120773

Section 521.40. FEDERAL GOVERNMENT INTEREST REQUIREMENTS

120774

Notwithstanding any provision of law to the contrary, on or	120775
before the first day of September of each fiscal year, the	120776
Director of Budget and Management, in order to reduce the payment	120777
of adjustments to the federal government, as determined by the	120778
plan prepared under division (A) of section 126.12 of the Revised	120779
Code, may designate such funds as the Director considers necessary	120780
to retain their own interest earnings.	120781

Section 521.50. FEDERAL CASH MANAGEMENT IMPROVEMENT ACT

120782

Pursuant to the plan for compliance with the Federal Cash	120783
Management Improvement Act required by section 131.36 of the	120784
Revised Code, the Director of Budget and Management may cancel and	120785
re-establish all or part of encumbrances in like amounts within	120786
the funds identified by the plan. The amounts necessary to	120787
re-establish all or part of encumbrances are hereby appropriated.	120788

Section 521.60. FISCAL STABILIZATION AND RECOVERY

120789

To ensure the level of accountability and transparency	120790
required by federal law, the Director of Budget and Management may	120791
issue guidelines to any agency applying for federal money made	120792
available to this state for fiscal stabilization and recovery	120793
purposes, and may prescribe the process by which agencies are to	120794
comply with any reporting requirements established by the federal	120795
government.	120796

Section 521.70. OVERSIGHT OF FEDERAL STIMULUS FUNDS

120797

(A) The Office of Internal Auditing within the Office of	120798
Budget and Management shall, in connection with its duties under	120799
sections 126.45 to 126.48 of the Revised Code, monitor and measure	120800
the effectiveness of funds allocated to the state as part of the	120801
federal American Recovery and Reinvestment Act of 2009. As such,	120802
the Office of Internal Auditing shall review how funds allocated	120803
to each state agency are spent. For purposes of this section,	120804
"state agency" has the same meaning as in division (A) of section	120805
126.45 of the Revised Code.	120806

In addition to the reports required under section 126.47 of	120807
the Revised Code, the Office of Internal Auditing shall submit a	120808
report of its findings to the President of the Senate, Minority	120809
Leader of the Senate, Speaker of the House of Representatives,	120810
Minority Leader of the House of Representatives, and the Chairs of	120811
the committees in the Senate and House of Representatives handling	120812
finance and appropriations. The report shall be submitted every	120813
six months at the following intervals:	120814

(1) For the six-month period ending December 31, 2011, not	120815
later than February 1, 2012;	120816

(2) For the six-month period ending June 30, 2012, not later	120817
than August 1, 2012;	120818

(3) For the six-month period ending December 31, 2012, not	120819
later than February 1, 2013;	120820

(4) For the six-month period ending June 30, 2013, not later	120821
than August 1, 2013.	120822

(B) When, as part of its compliance with the federal American	120823
Recovery and Reinvestment Act of 2009 requirements to monitor and	120824
measure the effectiveness of funds for which the state of Ohio is	120825
the prime recipient, and for which reporting authority has not	120826
been delegated to a sub-recipient, the Office of Budget and	120827
Management submits quarterly reports to the federal government,	120828
the Office of Budget and Management shall also submit those	120829
reports to the President of the Senate, Minority Leader of the	120830
Senate, Speaker of the House of Representatives, Minority Leader	120831
of the House of Representatives, and Chairs and ranking members of	120832
the committees in the Senate and House of Representatives handling	120833
finance and appropriations. The Office of Budget and Management	120834
shall continue to submit quarterly reports to the legislature for	120835
the duration of the period in which the state of Ohio is required	120836
to make reports to the federal government concerning Ohio's use of	120837
the federal American Recovery and Reinvestment Act of 2009 funds.	120838

Section 521.80. FEDERAL FUNDS FOR HISTORIC PRESERVATION LOAN	120839
GUARANTEE	120840

(A) As used in this section:

120841

(1) "Approved historic rehabilitation project" means a	120842
rehabilitation of a historic building that the Director of	120843
Development has approved for a rehabilitation tax credit under	120844
section 149.311 of the Revised Code.	120845

(2) "Federal funds" means federal money available to states	120846
under the American Recovery and Reinvestment Act of 2009 or any	120847
other source of federal money available to the states, that may	120848
lawfully be used for the purposes of this section.	120849

(3) "Owner" and "qualified rehabilitation expenditures" have	120850
the same meanings as in section 149.311 of the Revised Code.	120851

(B) There is hereby created in the state treasury the Ohio	120852
Historic Preservation Tax Credit Fund. The fund shall consist of	120853
money obtained by the Director of Development under division (C)	120854
of this section. Money in the fund shall be used to secure and pay	120855
guarantees of loans for approved historic rehabilitation projects	120856
as provided in this section.	120857

(C) The Director of Development may undertake to secure	120858
$75,000,000 of federal funds for crediting to the Ohio Historic	120859
Preservation Tax Credit Fund. If the Director secures such funds,	120860
the Director, for the purpose of creating new jobs or preserving	120861
existing jobs and employment opportunities and improving the	120862
economic welfare of the people of this state, shall enter into	120863
loan guarantee contracts under section 166.06 of the Revised Code	120864
in connection with approved historic rehabilitation projects,	120865
except that the guarantees shall be secured solely by and be	120866
payable solely from the Ohio Historic Preservation Tax Credit	120867
Fund. Money deposited into the Ohio Historic Preservation Tax	120868
Credit Fund shall be prioritized by providing loan guarantees for	120869
approved historic rehabilitation projects from the first funding	120870
round of the Ohio Historic Preservation Tax Credit Program before	120871
being used to provide loan guarantees for approved historic	120872
rehabilitation projects approved in subsequent funding rounds. The	120873
amount of a loan guarantee provided under this section shall not	120874
exceed the amount of the credit to be awarded for the approved	120875
historic rehabilitation project. References to the loan guarantee	120876
fund in divisions (C) and (F) of section 166.06 of the Revised	120877
Code shall be construed as references to the Ohio Historic	120878
Preservation Tax Credit Fund for the purposes of loan guarantees	120879
authorized by this section, except that no transfer shall be made	120880
to the Ohio Historic Preservation Tax Credit Fund from the	120881
facilities establishment fund as may otherwise be required by that	120882
section.	120883

(D) Nothing in this section is a determination by the General	120884
Assembly that federal funds are currently available for the	120885
purposes of this section. Rather, this section evidences a	120886
determination by the General Assembly that public purposes will be	120887
advanced by the use of current or future federal funds for the	120888
purposes of this section.	120889

Section 610.10. That Section 205.10 of Am. Sub. H.B. 114 of	120890
the 129th General Assembly be amended to read as follows:	120891

Sec. 205.10. DPS DEPARTMENT OF PUBLIC SAFETY

120892

State Highway Safety Fund Group	120893

4W40	762321	Operating Expense - BMV	$	80,003,146	$	82,403,240	120894
4W40	762410	Registrations Supplement	$	28,945,176	$	29,813,532	120895
5V10	762682	License Plate Contributions	$	2,100,000	$	2,100,000	120896
7036	761321	Operating Expense - Information and Education	$	7,124,366	$	7,338,097	120897
7036	761401	Lease Rental Payments	$	9,978,300	$	2,315,700	120898
7036	764033	Minor Capital Projects	$	1,250,000	$	1,250,000	120899
7036	764321	Operating Expense - Highway Patrol	$	260,744,934	$	258,365,903	120900
7036	764605	Motor Carrier Enforcement Expenses	$	2,860,000	$	2,860,000	120901
8300	761603	Salvage and Exchange - Administration	$	19,469	$	20,053	120902
8310	761610	Information and Education - Federal	$	422,084	$	434,746	120903
8310	764610	Patrol - Federal	$	2,209,936	$	2,276,234	120904
8310	764659	Transportation Enforcement - Federal	$	5,519,333	$	5,684,913	120905
8310	765610	EMS - Federal	$	532,007	$	532,007	120906
8310	769610	Food Stamp Trafficking Enforcement - Federal	$	1,546,319	$	1,546,319	120907
8310	769631	Homeland Security - Federal	$	2,184,000	$	2,184,000	120908
8320	761612	Traffic Safety - Federal	$	16,577,565	$	16,577,565	120909
8350	762616	Financial Responsibility Compliance	$	5,457,240	$	5,549,068	120910
8370	764602	Turnpike Policing	$	11,553,959	$	11,553,959	120911
8380	764606	Patrol Reimbursement	$	50,000	$	50,000	120912
83C0	764630	Contraband, Forfeiture, Other	$	622,894	$	622,894	120913
83F0	764657	Law Enforcement Automated Data System	$	9,053,266	$	9,053,266	120914
83G0	764633	OMVI Enforcement/Education	$	623,230	$	641,927	120915
83J0	764693	Highway Patrol Justice Contraband	$	2,100,000	$	2,100,000	120916
83M0	765624	Operating Expense - Trauma and EMS	$	2,632,106	$	2,711,069	120917
83N0	761611	Elementary School Seat Belt Program	$	305,600	$	305,600	120918
83P0	765637	EMS Grants	$	4,106,621	$	4,229,819	120919
83R0	762639	Local Immobilization Reimbursement	$	450,000	$	450,000	120920
83T0	764694	Highway Patrol Treasury Contraband	$	21,000	$	21,000	120921
8400	764607	State Fair Security	$	1,256,655	$	1,294,354	120922
8400	764617	Security and Investigations	$	6,432,686	$	6,432,686	120923
8400	764626	State Fairgrounds Police Force	$	849,883	$	849,883	120924
8400	769632	Homeland Security - Operating	$	737,791	$	737,791	120925
8410	764603	Salvage and Exchange - Highway Patrol	$	1,339,399	$	1,339,399	120926
8460	761625	Motorcycle Safety Education	$	3,185,013	$	3,280,563	120927
8490	762627	Automated Title Processing Board	$	17,316,755	$	14,335,513	120928
TOTAL HSF State Highway Safety Fund Group			$	490,110,733	$	481,261,100	120929

General Services Fund Group	120930

4P60	768601	Justice Program Services	$	998,104	$	1,028,047	120931
4S30	766661	Hilltop Utility Reimbursement	$	540,800	$	540,800	120932
5ET0	768625	Drug Law Enforcement	$	3,780,000	$	3,893,400	120933
5Y10	764695	Highway Patrol Continuing Professional Training	$	170,000	$	170,000	120934
5Y10	767696	Investigative Unit Continuing Professional Training	$	15,000	$	15,000	120935
TOTAL GSF General Services Fund Group			$	5,503,904	$	5,647,247	120936

Federal Special Revenue Fund Group	120937

3290	763645	Federal Mitigation Program	$	10,110,332	$	10,413,642	120938
3370	763609	Federal Disaster Relief	$	27,707,636	$	27,707,636	120939
3390	763647	Emergency Management Assistance and Training	$	75,664,821	$	77,934,765	120940
3CB0	768691	Federal Justice Grants - FFY06	$	200,000	$	50,000	120941
3CC0	768609	Justice Assistance Grants - FFY07	$	583,222	$	310,000	120942
3CD0	768610	Justice Assistance Grants – FFY08	$	310,000	$	150,000	120943
3CE0	768611	Justice Assistance Grants – FFY09	$	865,000	$	1,200,000	120944
3CV0	768697	Justice Assistance Grants Supplement – FFY08	$	2,000	$	0	120945
3DE0	768612	Federal Stimulus - Justice Assistance Grants	$	1,015,000	$	1,015,000	120946
3DH0	768613	Federal Stimulus - Justice Programs	$	150,000	$	150,000	120947
3DU0	762628	BMV Grants	$	1,525,000	$	1,580,000	120948
3EU0	768614	Justice Assistance Grants – FFY10	$	650,000	$	920,000	120949
3L50	768604	Justice Program	$	11,400,000	$	11,400,000	120950
3N50	763644	U.S. Department of Energy Agreement	$	31,672	$	31,672	120951
TOTAL FED Federal Special Revenue Fund Group			$	130,214,683	$	132,862,715	120952

State Special Revenue Fund Group	120953

4V30	763662	EMA Service and Reimbursement	$	4,368,369	$	4,499,420	120954
5390	762614	Motor Vehicle Dealers Board	$	180,000	$	185,400	120955
5B90	766632	Private Investigator and Security Guard Provider	$	1,562,637	$	1,562,637	120956
5BK0	768687	Criminal Justice Services - Operating	$	400,000	$	400,000	120957
5BK0	768689	Family Violence Shelter Programs	$	750,000	$	750,000	120958
5CM0	767691	Federal Investigative Seizure	$	300,000	$	300,000	120959
5DS0	769630	Homeland Security	$	1,414,384	$	1,414,384	120960
5FF0	762621	Indigent Interlock and Alcohol Monitoring	$	2,000,000	$	2,000,000	120961
5FL0	769634	Investigations	$	899,300	$	899,300	120962
6220	767615	Investigative Contraband and Forfeiture	$	375,000	$	375,000	120963
6570	763652	Utility Radiological Safety	$	1,415,945	$	1,415,945	120964
6810	763653	SARA Title III HAZMAT Planning	$	262,438	$	262,438	120965
8500	767628	Investigative Unit Salvage	$	90,000	$	92,700	120966
TOTAL SSR State Special Revenue Fund Group			$	14,018,073	$	14,157,224	120967

Liquor Control Fund Group	120968

7043	767321		Liquor Enforcement - Operating		$	~~11,897,178~~ 10,450,000		$	~~11,897,178~~ 10,600,000		120969
TOTAL LCF Liquor Control Fund Group					$	~~11,897,178~~ 10,450,000		$	~~11,897,178~~ 10,600,000		120970

Agency Fund Group	120971

5J90	761678		Federal Salvage/GSA		$	1,500,000		$	1,500,000		120972
TOTAL AGY Agency Fund Group					$	1,500,000		$	1,500,000		120973

Holding Account Redistribution Fund Group	120974

R024	762619	Unidentified Motor Vehicle Receipts	$	1,885,000	$	1,885,000	120975
R052	762623	Security Deposits	$	350,000	$	350,000	120976
TOTAL 090 Holding Account Redistribution Fund Group			$	2,235,000	$	2,235,000	120977
TOTAL ALL BUDGET FUND GROUPS			$	~~655,479,571~~ 654,032,393	$	~~649,560,464~~ 648,263,286	120978

MOTOR VEHICLE REGISTRATION

120979

The Registrar of Motor Vehicles may deposit revenues to meet	120980
the cash needs of the State Bureau of Motor Vehicles Fund (Fund	120981
4W40) established in section 4501.25 of the Revised Code, obtained	120982
under sections 4503.02 and 4504.02 of the Revised Code, less all	120983
other available cash. Revenue deposited pursuant to this paragraph	120984
shall support, in part, appropriations for operating expenses and	120985
defray the cost of manufacturing and distributing license plates	120986
and license plate stickers and enforcing the law relative to the	120987
operation and registration of motor vehicles. Notwithstanding	120988
section 4501.03 of the Revised Code, the revenues shall be paid	120989
into Fund 4W40 before any revenues obtained pursuant to sections	120990
4503.02 and 4504.02 of the Revised Code are paid into any other	120991
fund. The deposit of revenues to meet the aforementioned cash	120992
needs shall be in approximately equal amounts on a monthly basis	120993
or as otherwise determined by the Director of Budget and	120994
Management pursuant to a plan submitted by the Registrar of Motor	120995
Vehicles.	120996

CAPITAL PROJECTS

120997

The Registrar of Motor Vehicles may transfer cash from the	120998
State Bureau of Motor Vehicles Fund (Fund 4W40) to the State	120999
Highway Safety Fund (Fund 7036) to meet its obligations for	121000
capital projects CIR-047, Department of Public Safety Office	121001
Building and CIR-049, Warehouse Facility.	121002

OBA BOND AUTHORITY/LEASE RENTAL PAYMENTS

121003

The foregoing appropriation item 761401, Lease Rental	121004
Payments, shall be used for payments to the Ohio Building	121005
Authority for the period July 1, 2011, to June 30, 2013, under the	121006
primary leases and agreements for public safety related buildings	121007
financed by obligations issued under Chapter 152. of the Revised	121008
Code. Notwithstanding section 152.24 of the Revised Code, the Ohio	121009
Building Authority may, with approval of the Director of Budget	121010
and Management, lease capital facilities to the Department of	121011
Public Safety.	121012

HILLTOP TRANSFER

121013

The Director of Public Safety shall determine, per an	121014
agreement with the Director of Transportation, the share of each	121015
debt service payment made out of appropriation item 761401, Lease	121016
Rental Payments, that relates to the Department of	121017
Transportation's portion of the Hilltop Building Project, and	121018
shall certify to the Director of Budget and Management the amounts	121019
of this share. The Director of Budget and Management shall	121020
transfer the amounts of such shares from the Highway Operating	121021
Fund (Fund 7002) to the State Highway Safety Fund (Fund 7036).	121022

CASH TRANSFERS TO TRAUMA AND EMERGENCY MEDICAL SERVICES FUND

121023

On July 1, 2011, or as soon as possible thereafter, the	121024
Director of Budget and Management shall transfer the unexpended	121025
and unencumbered cash balance in the Seat Belt Education Fund	121026
(Fund 8440) to the Trauma and Emergency Medical Services Fund	121027
(Fund 83M0). Upon completion of the transfer, Fund 8440 is	121028
abolished. The Director shall cancel any existing encumbrances	121029
against appropriation item 761613, Seat Belt Education Program,	121030
and reestablish them against appropriation item 765624, Operating	121031
Expense - Trauma and EMS. The reestablished encumbrance amounts	121032
are hereby appropriated.	121033

CASH TRANSFERS BETWEEN FUNDS

121034

Notwithstanding any provision of law to the contrary, the	121035
Director of Budget and Management, upon the written request of the	121036
Director of Public Safety, may approve the transfer of cash	121037
between the following six funds: the Trauma and Emergency Medical	121038
Services Fund (Fund 83M0), the Homeland Security Fund (Fund 5DS0),	121039
the Investigations Fund (Fund 5FL0), the Emergency Management	121040
Agency Service and Reimbursement Fund (Fund 4V30), the Justice	121041
Program Services Fund (Fund 4P60), and the State Bureau of Motor	121042
Vehicles Fund (Fund 4W40).	121043

CASH TRANSFERS TO SECURITY, INVESTIGATIONS, AND POLICING FUND

121044

Notwithstanding any provision of law to the contrary, the	121045
Director of Budget and Management, upon the written request of the	121046
Director of Public Safety, may approve the transfer of cash from	121047
the Continuing Professional Training Fund (Fund 5Y10), the State	121048
Highway Patrol Contraband, Forfeiture, and Other Fund (Fund 83C0),	121049
and the Highway Safety Salvage and Exchange Highway Patrol Fund	121050
(Fund 8410) to the Security, Investigations, and Policing Fund	121051
(Fund 8400).	121052

CASH TRANSFERS OF SEAT BELT FINE REVENUES

121053

Notwithstanding any provision of law to the contrary, the	121054
Controlling Board, upon request of the Director of Public Safety,	121055
may approve the transfer of cash between the following four funds	121056
that receive fine revenues from enforcement of the mandatory seat	121057
belt law: the Trauma and Emergency Medical Services Fund (Fund	121058
83M0), the Elementary School Program Fund (Fund 83N0), and the	121059
Trauma and Emergency Medical Services Grants Fund (Fund 83P0).	121060

STATE DISASTER RELIEF

121061

The State Disaster Relief Fund (Fund 5330) may accept	121062
transfers of cash and appropriations from Controlling Board	121063
appropriation items for Ohio Emergency Management Agency disaster	121064
response costs and disaster program management costs, and may also	121065
be used for the following purposes:	121066

(A) To accept transfers of cash and appropriations from	121067
Controlling Board appropriation items for Ohio Emergency	121068
Management Agency public assistance and mitigation program match	121069
costs to reimburse eligible local governments and private	121070
nonprofit organizations for costs related to disasters;	121071

(B) To accept and transfer cash to reimburse the costs	121072
associated with Emergency Management Assistance Compact (EMAC)	121073
deployments;	121074

(C) To accept disaster related reimbursement from federal,	121075
state, and local governments. The Director of Budget and	121076
Management may transfer cash from reimbursements received by this	121077
fund to other funds of the state from which transfers were	121078
originally approved by the Controlling Board.	121079

(D) To accept transfers of cash and appropriations from	121080
Controlling Board appropriation items to fund the State Disaster	121081
Relief Program, for disasters that have been declared by the	121082
Governor, and the State Individual Assistance Program for	121083
disasters that have been declared by the Governor and the federal	121084
Small Business Administration. The Ohio Emergency Management	121085
Agency shall publish and make available application packets	121086
outlining procedures for the State Disaster Relief Program and the	121087
State Individual Assistance Program.	121088

JUSTICE ASSISTANCE GRANT FUND

121089

The federal payments made to the state for the Byrne Justice	121090
Assistance Grants Program under Title II of Division A of the	121091
American Recovery and Reinvestment Act of 2009 shall be deposited	121092
to the credit of the Justice Assistance Grant Fund (Fund 3DE0),	121093
which is hereby created in the state treasury. All investment	121094
earnings of the fund shall be credited to the fund.	121095

FEDERAL STIMULUS – JUSTICE PROGRAMS

121096

The federal payments made to the state for the Violence	121097
Against Women Formula Grant under Title II of Division A of the	121098
American Recovery and Reinvestment Act of 2009 shall be deposited	121099
to the credit of the Federal Stimulus – Justice Programs Fund	121100
(Fund 3DH0).	121101

TRANSFER FROM STATE FIRE MARSHAL FUND TO EMERGENCY MANAGEMENT	121102
AGENCY SERVICE AND REIMBURSEMENT FUND	121103

On July 1 of each fiscal year, or as soon as possible	121104
thereafter, the Director of Budget and Management shall transfer	121105
$200,000 in cash from the State Fire Marshal Fund (Fund 5460) to	121106
the Emergency Management Agency Service and Reimbursement Fund	121107
(Fund 4V30) to be distributed to the Ohio Task Force One – Urban	121108
Search and Rescue Unit and other urban search and rescue programs	121109
around the state.	121110

FAMILY VIOLENCE PREVENTION FUND

121111

Notwithstanding any provision of law to the contrary, in each	121112
of fiscal years 2012 and 2013, the first $750,000 received to the	121113
credit of the Family Violence Prevention Fund (Fund 5BK0) shall be	121114
appropriated to appropriation item 768689, Family Violence Shelter	121115
Programs, and the next $400,000 received to the credit of Fund	121116
5BK0 in each of those fiscal years shall be appropriated to	121117
appropriation item 768687, Criminal Justice Services - Operating.	121118
Any moneys received to the credit of Fund 5BK0 in excess of the	121119
aforementioned appropriated amounts in each fiscal year shall,	121120
upon the approval of the Controlling Board, be used to provide	121121
grants to family violence shelters in Ohio.	121122

SARA TITLE III HAZMAT PLANNING

121123

The SARA Title III HAZMAT Planning Fund (Fund 6810) is	121124
entitled to receive grant funds from the Emergency Response	121125
Commission to implement the Emergency Management Agency's	121126
responsibilities under Chapter 3750. of the Revised Code.	121127

COLLECTIVE BARGAINING INCREASES

121128

Notwithstanding division (D) of section 127.14 and division	121129
(B) of section 131.35 of the Revised Code, except for the General	121130
Revenue Fund, the Controlling Board may, upon the request of	121131
either the Director of Budget and Management, or the Department of	121132
Public Safety with the approval of the Director of Budget and	121133
Management, increase appropriations for any fund, as necessary for	121134
the Department of Public Safety, to assist in paying the costs of	121135
increases in employee compensation that have occurred pursuant to	121136
collective bargaining agreements under Chapter 4117. of the	121137
Revised Code and, for exempt employees, under section 124.152 of	121138
the Revised Code.	121139

CASH BALANCE FUND REVIEW

121140

Not later than the first day of April in each fiscal year of	121141
the biennium, the Director of Budget and Management shall review	121142
the cash balances for each fund, except the State Highway Safety	121143
Fund (Fund 7036) and the State Bureau of Motor Vehicles Fund (Fund	121144
4W40), in the State Highway Safety Fund Group, and shall recommend	121145
to the Controlling Board an amount to be transferred to the credit	121146
of Fund 7036 or Fund 4W40, as appropriate.	121147

Section 610.11. That existing Section 205.10 of Am. Sub. H.B.	121148
114 of the 129th General Assembly is hereby repealed.	121149

Section 620.10. That Section 125.10 of Am. Sub. H.B. 1 of the	121150
128th General Assembly be amended to read as follows:	121151

Sec. 125.10. Sections 5112.40, 5112.41, 5112.42, 5112.43,	121152
5112.44, 5112.45, 5112.46, 5112.47, and 5112.48 of the Revised	121153
Code are hereby repealed, effective October 1, ~~2011~~2013.	121154

Section 620.11. That existing Section 125.10 of Am. Sub. H.B.	121155
1 of the 128th General Assembly is hereby repealed.	121156

Section 620.12. The seventh paragraph of Section 812.20 of	121157
Am. Sub. H.B. 1 of the 128th General Assembly, which refers to the	121158
taking effect of a repeal of sections 5112.40 to 5112.48 of the	121159
Revised Code, is repealed.	121160

Section 620.13. The intent of Sections 620.10 to 620.12 of	121161
this act is to further delay the repeal of sections 5112.40,	121162
5112.41, 5112.42, 5112.43, 5112.44, 5112.45, 5112.46, 5112.47, and	121163
5112.48 of the Revised Code from October 1, 2011, until October 1,	121164
2013.	121165

Section 630.10. That Section 5 of Sub. H.B. 125 of the 127th	121166
General Assembly, as most recently amended by Sub. H.B. 198 of the	121167
128th General Assembly, be amended to read as follows:	121168

Sec. 5. (A) As used in this section and Section 6 of Sub.	121169
H.B. 125 of the 127th General Assembly:	121170

(1) "Most favored nation clause" means a provision in a	121171
health care contract that does any of the following:	121172

(a) Prohibits, or grants a contracting entity an option to	121173
prohibit, the participating provider from contracting with another	121174
contracting entity to provide health care services at a lower	121175
price than the payment specified in the contract;	121176

(b) Requires, or grants a contracting entity an option to	121177
require, the participating provider to accept a lower payment in	121178
the event the participating provider agrees to provide health care	121179
services to any other contracting entity at a lower price;	121180

(c) Requires, or grants a contracting entity an option to	121181
require, termination or renegotiation of the existing health care	121182
contract in the event the participating provider agrees to provide	121183
health care services to any other contracting entity at a lower	121184
price;	121185

(d) Requires the participating provider to disclose the	121186
participating provider's contractual reimbursement rates with	121187
other contracting entities.	121188

(2) "Contracting entity," "health care contract," "health	121189
care services," "participating provider," and "provider" have the	121190
same meanings as in section 3963.01 of the Revised Code, as	121191
enacted by Sub. H.B. 125 of the 127th General Assembly.	121192

(B) ~~With respect to a contracting entity and a provider other~~	121193
~~than a hospital, no~~No health care contract ~~that includes~~shall	121194
contain a most favored nation clause ~~shall be entered into, and no~~	121195
~~health care contract at the instance of a contracting entity shall~~	121196
~~be amended or renewed to include a most favored nation clause, for~~	121197
~~a period of three years after the effective date of Sub. H.B. 125~~	121198
~~of the 127th General Assembly~~.	121199

(C) ~~With respect to a contracting entity and a hospital, no~~	121200
~~health care contract that includes a most favored nation clause~~	121201
~~shall be entered into, and no health care contract at the instance~~	121202
~~of a contracting entity shall be amended or renewed to include a~~	121203
~~most favored nation clause, for a period of three years after the~~	121204
~~effective date of Sub. H.B. 125 of the 127th General Assembly,~~	121205
~~subject to extension as provided in Section 6 of Sub. H.B. 125 of~~	121206
~~the 127th General Assembly.~~	121207

~~(D)~~ This section does not apply to and does not prohibit the	121208
continued use of a most favored nation clause in a health care	121209
contract that is between a contracting entity and a hospital and	121210
that is in existence on the effective date of Sub. H.B. 125 of the	121211
127th General Assembly ~~even if the health care contract is~~	121212
~~materially amended with respect to any provision of the health~~	121213
~~care contract other than the most favored nation clause during the~~	121214
~~two-year period specified in this section or during any extended~~	121215
~~period of time as provided in Section 6 of Sub. H.B. 125 of the~~	121216
~~127th General Assembly~~. This section applies to such contract if	121217
that contract is amended, or to any extension or renewal of that	121218
contract.	121219

Section 630.11. That existing Section 5 of Sub. H.B. 125 of	121220
the 127th General Assembly, as most recently amended by Sub. H.B.	121221
198 of the 128th General Assembly, is hereby repealed.	121222

Section 630.12. That Section 5 of Sub. H.B. 2 of the 127th	121223
General Assembly is hereby repealed.	121224

Section 690.10. That Section 153 of Am. Sub. H.B. 117 of the	121225
121st General Assembly, as most recently amended by Am. Sub. H.B.	121226
1 of the 128th General Assembly, be amended to read as follows:	121227

Sec. 153. (A) Sections 5112.01, 5112.03, 5112.04, 5112.05,	121228
5112.06, 5112.07, 5112.08, 5112.09, 5112.10, 5112.11, 5112.18,	121229
5112.19, 5112.21, and 5112.99 of the Revised Code are hereby	121230
repealed, effective October 16, ~~2011~~2013.	121231

(B) Any money remaining in the Legislative Budget Services	121232
Fund on October 16, ~~2011~~2013, the date that section 5112.19 of	121233
the Revised Code is repealed by division (A) of this section,	121234
shall be used solely for the purposes stated in then former	121235
section 5112.19 of the Revised Code. When all money in the	121236
Legislative Budget Services Fund has been spent after then former	121237
section 5112.19 of the Revised Code is repealed under division (A)	121238
of this section, the fund shall cease to exist.	121239

Section 690.11. That existing Section 153 of Am. Sub. H.B.	121240
117 of the 121st General Assembly, as most recently amended by Am.	121241
Sub. H.B. 1 of the 128th General Assembly, is hereby repealed.	121242

Section 701.10. The Department of Administrative Services	121243
shall post on the Department's Internet web site the form for the	121244
contract documents that a public authority contracting for	121245
services with a construction manager at risk or a design-build	121246
firm must use on and after the date of the posting and until the	121247
rules adopted under section 153.502 of the Revised Code are	121248
implemented.	121249

Section 701.20. Not later than July 1, 2012, the Department	121250
of Administrative Services shall submit a report to the General	121251
Assembly, in accordance with section 101.68 of the Revised Code,	121252
on the feasibility of all of the following regarding health care	121253
plans to cover persons employed by political subdivisions, public	121254
school districts, as defined in section 9.901 of the Revised Code,	121255
and state institutions of higher education, as defined in section	121256
3345.011 of the Revised Code:	121257

(A) Designing multiple health care plans that achieve an	121258
optimal combination of coverage, cost, choice, and stability,	121259
which plans include both state and regional preferred provider	121260
plans, set employee and employer premiums, and set employee plan	121261
copayments, deductibles, exclusions, limitations, formularies, and	121262
other responsibilities;	121263

(B) Maintaining reserves, reinsurance, and other measures to	121264
insure the long-term stability and solvency of the health care	121265
plans;	121266

(C) Providing appropriate health care information, wellness	121267
programs, and other preventive health care measures to health care	121268
plan beneficiaries;	121269

(D) Coordinating contracts for services related to the health	121270
care plans;	121271

(E) Voluntary and mandatory participation by political	121272
subdivisions, public school districts, and institutions of higher	121273
education;	121274

(F) The potential impacts of any changes to the existing	121275
purchasing structure on existing health care pooling and	121276
consortiums;	121277

(G) Removing barriers to competition and access to health	121278
care pooling.	121279

No action shall be taken regarding health care coverage for	121280
employees of political subdivisions, public school districts, and	121281
state institutions of higher education without the enactment of	121282
law by the General Assembly.	121283

Section 701.30. EXEMPT EMPLOYEE CONSENT TO CERTAIN DUTIES

121284

As used in this section, "appointing authority" has the same	121285
meaning as in section 124.01 of the Revised Code, and "exempt	121286
employee" has the same meaning as in section 124.152 of the	121287
Revised Code.	121288

Notwithstanding section 124.181 of the Revised Code, in cases	121289
where no vacancy exists, an appointing authority may, with the	121290
written consent of an exempt employee, assign duties of a higher	121291
classification to that exempt employee for a period of time not to	121292
exceed two years, and that exempt employee shall receive	121293
compensation at a rate commensurate with the duties of the higher	121294
classification.	121295

Section 701.40. (A)There is hereby created the Ohio Housing	121296
Study Committee with the purpose of formulating a comprehensive	121297
review of the policies and results of the Ohio Housing Finance	121298
Agency, its programs and its working relationships with its	121299
for-profit and not-for-profit partners to ensure that all Agency	121300
programs are evaluated by an objective process to ensure all	121301
Ohioans receive the benefits afforded to them through the	121302
authority of the Agency.	121303

(B) The Committee shall do all of the following:

121304

(1) Perform a comprehensive review of Chapter 175. of the	121305
Revised Code to determine the relevance of the chapter and	121306
determine whether it should be formally reviewed or amended by the	121307
General Assembly, up to and including appropriate legislative	121308
oversight and accountability;	121309

(2) Review the Agency's relationships with all of its	121310
for-profit and not-for-profit partners to ensure an equitable and	121311
level playing field regarding its single- and multi-family housing	121312
programs;	121313

(3) Review the Agency's policy leadership and the economic	121314
impact of its Single Family Mortgage Revenue Bond Program;	121315

(4) Review the Agency's Qualified Allocation Plan development	121316
process and underlying policy to understand the policy basis for	121317
its annual creation and ratification by the Board of Directors;	121318

(5) Create a quantitative report measuring the economic	121319
benefits of the Agency's single- and multi-family programming over	121320
the last ten years;	121321

(6) Evaluate the possible efficiencies of combining existing	121322
Ohio Department of Development housing-related programming with	121323
those of the Agency.	121324

The Director of Commerce may include other relevant areas of	121325
study as necessary.	121326

(C) The Committee shall commence on the effective date of	121327
this act and shall provide a report expressing its findings to the	121328
Governor, the Speaker of the House of Representatives, and the	121329
President of the Senate on or before January 1, 2012.	121330

(D) The Director of Commerce shall serve as the Committee's	121331
chairperson. The Committee shall be comprised of the Director and	121332
two members of the General Assembly. One member shall be appointed	121333
by the Speaker of the House of Representatives and one member	121334
shall be appointed by the President of the Senate.	121335

(E) The Committee shall meet at the discretion of the	121336
Director of Commerce.	121337

Section 701.50. (A) Except as otherwise provided in section	121338
154.24 or 154.25 of the Revised Code, as enacted by this act, with	121339
respect to the functions of the Ohio Public Facilities Commission,	121340
the Treasurer of State shall, on the effective date of this	121341
section and as provided for in this section, supersede and replace	121342
the Ohio Building Authority (referred to in this section as the	121343
"Authority") as the issuing authority in all matters relating to	121344
the issuance of obligations for the financing of capital	121345
facilities for housing branches and agencies of state government	121346
as provided for in section 154.24 of the Revised Code or for	121347
community or technical colleges as provided for in section 154.25	121348
of the Revised Code (together referred to in this section as	121349
"facilities for capital purposes"), as enacted by this act (all	121350
referred to in this section as "superseded matters").	121351

(B)(1) With respect to superseded matters and facilities for	121352
capital purposes, the Treasurer of State shall:	121353

(a) Succeed to and have and perform all of the duties,	121354
powers, obligations, and functions of the Authority and its	121355
members and officers provided for by law or rule relating to the	121356
issuance of bonds, notes, or other obligations for the purpose of	121357
paying costs of facilities for capital purposes;	121358

(b) Succeed to and have and perform all of the duties,	121359
powers, obligations, and functions, and have all of the rights of,	121360
the Authority and its members and officers provided for in or	121361
pursuant to resolutions, rules, agreements, trust agreements, and	121362
supplemental trust agreements (all referred to collectively in	121363
this section as "basic instruments"), and bonds, notes, and other	121364
obligations (all referred to collectively in this section as	121365
"financing obligations"), previously authorized, entered into, or	121366
issued by the Authority for facilities for capital purposes, which	121367
financing obligations shall be, or shall be deemed to be,	121368
obligations issued by and of the Treasurer of State; and	121369

(c) Be bound by all agreements and covenants of the	121370
Authority, and basic instruments, relating to financing	121371
obligations.	121372

(2) The transfer of superseded matters to the Treasurer of	121373
State pursuant to this section does not affect the validity of any	121374
agreement or covenant, basic instrument, or financing obligation,	121375
or any related document, authorized, entered into, or issued by	121376
the Authority under Chapter 152. of the Revised Code or other	121377
laws, and nothing in this section shall be applied or considered	121378
as impairing the obligations or rights under them.	121379

(3) The Treasurer of State shall not issue any additional	121380
financing obligations pursuant to any basic instrument of the	121381
Authority, including financing obligations to refund financing	121382
obligations previously issued by the Authority.	121383

(C) With respect to proceedings relating to superseded	121384
matters affected by this section:	121385

(1) This section applies to any proceedings that are	121386
commenced after the effective date of this section, and to any	121387
proceedings that are pending, in progress, or completed on that	121388
date, notwithstanding the applicable law previously in effect or	121389
any provision to the contrary in a prior basic instrument, notice,	121390
or other proceeding.	121391

(2) Any proceedings of the Authority that are pending on the	121392
effective date of this section shall be pursued and completed by	121393
and in the name of the Treasurer of State, and any financing	121394
obligations that are sold, issued, and delivered pursuant to those	121395
proceedings shall be deemed to have been authorized, sold, issued,	121396
and delivered in conformity with this section.	121397

(3) Notwithstanding divisions (C)(1) and (2) of this section,	121398
the Authority may, subsequent to the effective date of this	121399
section, meet for the purpose of better accomplishing the transfer	121400
of superseded matters. At any such meeting the Authority may take	121401
necessary or appropriate actions to effect an orderly transition	121402
relating to the issuance of financing obligations, such that all	121403
duties, powers, obligations, and functions of the Authority and	121404
its members and officers with respect to the superseded matters or	121405
under any leases and agreements between the Authority and a state	121406
agency for facilities for capital purposes shall terminate and be	121407
of no further force and effect as to the Authority.	121408

(D) The Authority and the Treasurer of State shall prepare	121409
any necessary amendments of or supplements to documents or basic	121410
instruments pertaining to the duties, powers, obligations,	121411
functions, and rights relating to superseded matters to which the	121412
Treasurer of State succeeds pursuant to this section. The	121413
authorization by the Authority in its basic instruments relating	121414
to superseded matters for its officers to act in any manner on	121415
behalf of the Authority shall, on and after the effective date of	121416
this section, be authorization for the Treasurer of State, or the	121417
Treasurer of State's staff or employees to whom the Treasurer of	121418
State may delegate the function, to act in the circumstances,	121419
without necessity for amendment of or supplement to any such	121420
documents or basic instruments.	121421

(E) No pending judicial or administrative action or	121422
proceeding in which the Authority, or its members or officers as	121423
such, are a party that pertains to superseded matters shall be	121424
affected by their transfer, but shall be prosecuted or defended in	121425
the name of the Treasurer of State and in any such action or	121426
proceeding the Treasurer of State, upon application to the court,	121427
shall be substituted as a party.	121428

(F) In connection with the duties, powers, obligations,	121429
functions, and rights relating to superseded matters and provided	121430
for in this section, on the effective date of this section:	121431

(1) Copies of all basic instruments, documents, books,	121432
papers, and records of the Authority shall be transferred to the	121433
Treasurer of State upon request, without necessity for assignment,	121434
conveyance, or other action by the Authority.	121435

(2) All appropriations previously made to or for the	121436
Authority for the purposes of the performance of the duties,	121437
powers, obligations, functions, and exercise of rights relating to	121438
superseded matters, to the extent of remaining unexpended or	121439
unencumbered balances, are hereby transferred to and made	121440
available for use and expenditure by the Treasurer of State for	121441
performing the same duties, powers, obligations, and functions and	121442
exercising the same rights for which originally appropriated, and	121443
payments for administrative expenses previously incurred in	121444
connection with them shall be made from the applicable	121445
administrative service fund on vouchers approved by the Treasurer	121446
of State.	121447

(3) All leases and agreements between the Authority and a	121448
state agency for facilities for capital purposes made under	121449
Chapter 152. of the Revised Code shall, and shall be considered	121450
to, continue to bind that state agency. Nothing in this act shall	121451
be considered as impairing the obligations of any state agency	121452
under those leases and agreements.	121453

(4) Any lease, grant, or conveyance made to the Authority	121454
pursuant to section 152.06 of the Revised Code shall be, and shall	121455
be deemed to be, made to the Ohio Public Facilities Commission	121456
pursuant to section 154.16 of the Revised Code, and the Ohio	121457
Public Facilities Commission shall succeed to and have and perform	121458
all of the duties, powers, obligations, and functions, and have	121459
all of the rights, of the Authority and its members and officers	121460
provided for in or pursuant to that lease, grant, or conveyance.	121461

(G) Whenever the Authority, or any of its members or	121462
officers, is referred to in any contract or other document	121463
relating to those outstanding financing obligations, the reference	121464
shall be considered to be, as applicable, to the Ohio Public	121465
Facilities Commission or its appropriate officers or to the	121466
Treasurer of State or the appropriate staff of the Treasurer of	121467
State.	121468

Section 715.10. (A) The Ohio Soil and Water Conservation	121469
Commission that is created in section 1515.02 of the Revised Code	121470
shall establish a Conservation Program Delivery Task Force to	121471
provide recommendations to the Director of Natural Resources	121472
regarding how soil and water conservation districts established	121473
under section 1515.03 of the Revised Code may advance effective	121474
and efficient operations while continuing to provide local program	121475
leadership. The Task Force shall examine methods for improving	121476
services and removing impediments to organizational management and	121477
explore opportunities for sharing services across all levels of	121478
government.	121479

(B) The chairperson of the Commission in consultation with	121480
the Director shall appoint no more than nine members to the Task	121481
Force. The Task Force shall include members of the boards of	121482
supervisors of soil and water conservation districts and other	121483
individuals who represent diverse geographic areas of the state	121484
and may include members from the Ohio Federation of Soil and Water	121485
Conservation Districts, the Natural Resources Conservation Service	121486
in the United States Department of Agriculture, the County	121487
Commissioners' Association of Ohio, the Ohio Municipal League, and	121488
the Ohio Township Association. The Task Force may consult with	121489
those organizations and agencies.	121490

(C) The chairperson of the Commission or another member of	121491
the Commission who is designated by the chairperson shall serve as	121492
chairperson of the Task Force.	121493

(D) Members appointed to the Task Force shall serve without	121494
compensation and shall not be reimbursed for expenses. The	121495
Division of Soil and Water Resources shall provide technical and	121496
administrative support as needed by the Task Force.	121497

(E) The Task Force shall hold its first meeting no later than	121498
September 1, 2011, and shall submit a final report of	121499
recommendations to the Director and the Commission no later than	121500
December 31, 2011. Upon submission of the final report, the Task	121501
Force shall cease to exist.	121502

Section 733.10. (A) The Department of Education shall	121503
conduct and publicize a second Educational Choice Scholarship	121504
application period for the 2011-2012 school year to award for that	121505
year scholarships newly authorized by sections 3310.02 and 3310.03	121506
of the Revised Code, as amended by this act. The second	121507
application period shall commence on the effective date of this	121508
section and shall end at the close of business on the first	121509
business day that is at least sixty days after the effective date	121510
of this section.	121511

(B) Not later than ten days after the effective date of this	121512
section, the Department shall do both of the following:	121513

(1) Mail, to each person who applied for a scholarship during	121514
the first application period for the 2011-2012 school year but did	121515
not receive a scholarship, a notice announcing the second	121516
application period, the opportunity to re-apply, and the	121517
application deadline;	121518

(2) Post prominently on its web site a list of school	121519
district-operated buildings that meet both of the following	121520
criteria:	121521

(a) For at least two of the three school years from 2007-2008	121522
through 2009-2010, ranked in the lowest ten per cent of school	121523
buildings according to performance index score reported under	121524
section 3302.03 of the Revised Code;	121525

(b) Were not declared to be excellent or effective under that	121526
section for the 2009-2010 school year.	121527

(C) The Department shall award scholarships for the 2011-2012	121528
school year from applications submitted during the second	121529
application period according to the order of priority listed in	121530
division (B) of section 3310.02 of the Revised Code, as amended by	121531
this act. The Department shall base its award determinations on	121532
the applicant students' status during the 2010-2011 school year.	121533

(D) Notwithstanding any provision of sections 3310.01 to	121534
3310.17 of the Revised Code, any rule of the State Board of	121535
Education, or any policy of the Department to the contrary, the	121536
Department shall not deny a scholarship to a student for whom an	121537
application is submitted during the second application period	121538
solely because the student already has been admitted to a	121539
chartered nonpublic school for the 2011-2012 school year, if both	121540
of the following apply:	121541

(1) A timely application was submitted on the student's	121542
behalf during the first application period for the 2011-2012	121543
school year and the student was denied a scholarship solely	121544
because the number of applications exceeded the number of	121545
available scholarships.	121546

(2) The student either:

121547

(a) Was enrolled, through the final day of scheduled classes	121548
for the 2010-2011 school year, in the district school or community	121549
school indicated on the student's first application for the	121550
2011-2012 school year;	121551

(b) Is eligible to enroll in kindergarten for the 2011-2012	121552
school year and was not enrolled in kindergarten in a nonpublic	121553
school in the 2010-2011 school year.	121554

(E) As used in this section, "enrolled" has the same meaning	121555
as in division (E) of section 3317.03 of the Revised Code.	121556

Section 737.30. (A) The Manufactured Homes Commission shall	121557
adopt the rules required by section 4781.26 of the Revised Code as	121558
amended by this act not later than December 1, 2011. After	121559
adopting the rules, the Commission immediately shall notify the	121560
Director of Health.	121561

(B)(1) The rules governing manufactured home parks adopted by	121562
the Public Health Council under former section 3733.02 of the	121563
Revised Code as amended by this act shall remain in effect in a	121564
health district until the Commission adopts rules under section	121565
4781.26 of the Revised Code as amended by this act.	121566

(2) On the effective date of the rules adopted by the	121567
Commission as required by section 4781.26 of the Revised Code as	121568
amended by this act, the Public Health Council rules adopted under	121569
former section 3733.02 of the Revised Code as amended by this act	121570
cease to be effective within the jurisdiction of that board of	121571
health.	121572

(C) No board of health of a city or general health district	121573
shall invoice or collect manufactured home park licensing fees for	121574
calendar year 2012.	121575

(D) As used in this section:

121576

(1) "Manufactured home park," "board of health," and "health	121577
district" have the same meanings as in section 3733.01 of the	121578
Revised Code.	121579

(2) "Public Health Council" means the Public Health Council	121580
created by section 3701.33 of the Revised Code.	121581

Any manufactured home park license and inspection fees	121582
collected pursuant to section 3733.04 of the Revised Code by a	121583
board of health prior to the transition of the annual license and	121584
inspection program to the Manufactured Homes Commission as	121585
required under this act in the amount of two thousand dollars or	121586
less may be transferred to the health fund of the city or general	121587
health district. Any of those funds in excess of two thousand	121588
dollars shall be transferred to the Manufactured Homes Commission	121589
and deposited in the Manufactured Homes Commission Regulatory Fund	121590
created in section 4781.54 of the Revised Code as enacted by this	121591
act.	121592

Section 747.20. Notwithstanding the original term of the	121593
appointment, the term of the Manufactured Homes Commission member	121594
who was appointed by the Governor as a representative of the	121595
Department of Health pursuant to division (B)(2)(b) of section	121596
4781.02 of the Revised Code shall end on the effective date of	121597
that section as amended by this act. The initial term of the	121598
registered sanitarian appointed to the Manufactured Homes	121599
Commission pursuant to section 4781.02 of the Revised Code, as	121600
amended by this act, shall expire on the date when the	121601
representative of the Department of Health's term would have	121602
expired, but for this section.	121603

Section 753.10. (A) As used in this section, "contractor"	121604
and "facility" have the same meanings as in section 9.06 of the	121605
Revised Code, as amended by Sections 101.01 and 101.02 of this	121606
act.	121607

(B)(1) The Director of Administrative Services and the	121608
Director of Rehabilitation and Correction are hereby authorized to	121609
award one or more contracts through requests for proposals for the	121610
operation and management by a contractor of one or more of the	121611
facilities described in divisions (C) to (G) of this section,	121612
pursuant to section 9.06 of the Revised Code, and for the transfer	121613
of the state's right, title, and interest in the real property on	121614
which the facility is situated and any surrounding land as	121615
described in those divisions.	121616

(2) If the Director of Administrative Services and the	121617
Director of Rehabilitation and Correction award a contract of the	121618
type described in division (B)(1) of this section to a contractor	121619
regarding a facility described in division (C), (D), (E), (F), or	121620
(G) of this section, in addition to the requirements, statements,	121621
and authorizations that must be included in the contract pursuant	121622
to division (B) of section 9.06 of the Revised Code, the contract	121623
shall include all of the following regarding the facility that is	121624
the subject of the contract:	121625

(a) An agreement for the sale to the contractor of the	121626
state's right, title, and interest in the facility, the land	121627
situated thereon, and specified surrounding land;	121628

(b) A requirement that the contractor provide preferential	121629
hiring treatment to employees of the Department of Rehabilitation	121630
and Correction in order to retain staff displaced as a result of	121631
the transition of the operation and management of the facility and	121632
to meet the administrative, programmatic, maintenance, and	121633
security needs of the facility;	121634

(c) Notwithstanding any provision of the Revised Code,	121635
authorization for the transfer to the contractor of any supplies,	121636
equipment, furnishings, fixtures, or other assets considered	121637
necessary by the Director of Rehabilitation and Correction and the	121638
Director of Administrative Services for the continued operation	121639
and management of the facility.	121640

(3)(a) If the Director of Administrative Services and the	121641
Director of Rehabilitation and Correction award a contract of the	121642
type described in division (B)(1) of this section to a contractor	121643
regarding a facility described in division (C), (D), (E), (F), or	121644
(G) of this section, notwithstanding any provision of the Revised	121645
Code and subject to division (B)(3)(b) of this section, the state	121646
may transfer to the contractor in accordance with the contract any	121647
supplies, equipment, furnishings, fixtures, or other assets	121648
considered necessary by the Director of Rehabilitation and	121649
Correction and the Director of Administrative Services for the	121650
continued operation and management of the facility. For purposes	121651
of this paragraph and the transfer authorized under this	121652
paragraph, any such supplies, equipment, furnishings, fixtures, or	121653
other assets shall not be considered supplies, excess supplies, or	121654
surplus supplies as defined in section 125.12 of the Revised Code	121655
and may be disposed of as part of the transfer of the facility to	121656
the contractor.	121657

(b) If the Director of Administrative Services and the	121658
Director of Rehabilitation and Correction award a contract of the	121659
type described in division (B)(1) of this section to a contractor	121660
regarding the facility described in division (D) of this section,	121661
the Director of Rehabilitation and Correction may transfer to	121662
another state correctional institution to be determined by the	121663
Director of Rehabilitation and Correction the Braille printing	121664
press and related accessories located at the facility described in	121665
division (D) of this section and all programs associated with the	121666
Braille printing press.	121667

(4) Nothing in divisions (B)(1) to (3) or divisions (C) to	121668
(G) of this section restricts the department of rehabilitation and	121669
correction from contracting for only the private operation and	121670
management of any of the facilities described in divisions (C) to	121671
(G) of this section.	121672

(C)(1) As used in division (C) of this section, "grantee"	121673
means an entity that has contracted under section 9.06 of the	121674
Revised Code to privately operate the Lake Erie Correctional	121675
Facility, if the contract includes the clauses described in	121676
division (B)(2) of this section for the purchase of that Facility.	121677

(2) The Governor is authorized to execute a deed in the name	121678
of the state conveying to the grantee, its successors and assigns,	121679
all of the right, title, and interest of the state in the Lake	121680
Erie Correctional Facility, in the City of Conneaut, County of	121681
Ashtabula, State of Ohio, the land situated thereon, and any	121682
surrounding land, which totals approximately 119 acres.	121683

In preparing the deed, the Auditor of State, with the	121684
assistance of the Attorney General, shall develop a legal	121685
description of the property in conformity with the actual bounds	121686
of the real estate.	121687

(3) Consideration for conveyance of the real estate shall be	121688
set forth in the contract awarded to the grantee and shall be paid	121689
in accordance with the terms of the contract.	121690

(4)(a) The deed may contain any restriction that the Director	121691
of Administrative Services and the Director of Rehabilitation and	121692
Correction determine is reasonably necessary to protect the	121693
state's interest in neighboring state-owned land.	121694

(b) The deed also shall contain restrictions prohibiting the	121695
grantee from using, developing, or selling the real estate, or the	121696
correctional facility thereon, except in conformance with the	121697
restriction, or if the use, development, or sale will interfere	121698
with the quiet enjoyment of the neighboring state-owned land.	121699

(5) The real estate shall be sold as an entire tract and not	121700
in parcels.	121701

(6) Upon payment of the purchase price as set forth in the	121702
contract awarded to the grantee, the Auditor of State, with the	121703
assistance of the Attorney General, shall prepare a deed to the	121704
real estate. The deed shall state the consideration and	121705
restrictions and shall be executed by the Governor in the name of	121706
the state, countersigned by the Secretary of State, sealed with	121707
the Great Seal of the State, presented in the Office of the	121708
Auditor of State for recording, and delivered to the grantee. The	121709
grantee shall present the deed for recording in the Office of the	121710
Ashtabula County Recorder.	121711

(7) The grantee shall pay all costs associated with the	121712
purchase and conveyance of the real estate, including recordation	121713
costs of the deed.	121714

(8) The proceeds of the conveyance of the real estate shall	121715
be deposited into the state treasury to the credit of the Adult	121716
and Juvenile Correctional Facilities Bond Retirement Fund and	121717
shall be used to redeem or defease bonds in accordance with	121718
section 5120.092 of the Revised Code, and any remaining moneys	121719
after such redemption or defeasance shall be transferred in	121720
accordance with that section to the General Revenue Fund.	121721

(9) Division (C) of this section does not restrict the	121722
Department of Rehabilitation and Correction from contracting, not	121723
for the sale of, but only for the private operation and management	121724
of the Lake Erie Correctional Facility.	121725

(10) Division (C) of this section expires two years after its	121726
effective date.	121727

(D)(1) As used in division (D) of this section, "grantee"	121728
means an entity that has contracted under section 9.06 of the	121729
Revised Code to privately operate the Grafton Correctional	121730
Institution, if the contract includes the clauses described in	121731
division (B)(2) of this section for the purchase of that	121732
Institution.	121733

(2) The Governor is authorized to execute a deed in the name	121734
of the state conveying to the grantee, its successors and assigns,	121735
all of the right, title, and interest of the state in the Grafton	121736
Correctional Institution, in the City of Grafton, County of	121737
Lorain, State of Ohio, the land situated thereon, and any	121738
surrounding land, which totals approximately 148 acres.	121739

In preparing the deed, the Auditor of State, with the	121740
assistance of the Attorney General, shall develop a legal	121741
description of the property in conformity with the actual bounds	121742
of the real estate.	121743

(3) Consideration for conveyance of the real estate shall be	121744
set forth in the contract awarded to the grantee and shall be paid	121745
in accordance with the terms of the contract.	121746

(4)(a) The deed may contain any restriction that the Director	121747
of Administrative Services and the Director of Rehabilitation and	121748
Correction determine is reasonably necessary to protect the	121749
state's interest in neighboring state-owned land.	121750

(b) The deed also shall contain restrictions prohibiting the	121751
grantee from using, developing, or selling the real estate, or the	121752
correctional facility thereon, except in conformance with the	121753
restriction, or if the use, development, or sale will interfere	121754
with the quiet enjoyment of the neighboring state-owned land.	121755

(5) The real estate shall be sold as an entire tract and not	121756
in parcels.	121757

(6) Upon payment of the purchase price as set forth in the	121758
contract awarded to the grantee, the Auditor of State, with the	121759
assistance of the Attorney General, shall prepare a deed to the	121760
real estate. The deed shall state the consideration and	121761
restrictions and shall be executed by the Governor in the name of	121762
the state, countersigned by the Secretary of State, sealed with	121763
the Great Seal of the State, presented in the Office of the	121764
Auditor of State for recording, and delivered to the grantee. The	121765
grantee shall present the deed for recording in the Office of the	121766
Lorain County Recorder.	121767

(7) The grantee shall pay all costs associated with the	121768
purchase and conveyance of the real estate, including recordation	121769
costs of the deed.	121770

(8) The proceeds of the conveyance of the real estate shall	121771
be deposited into the state treasury to the credit of the Adult	121772
and Juvenile Correctional Facilities Bond Retirement Fund and	121773
shall be used to redeem or defease bonds in accordance with	121774
section 5120.092 of the Revised Code, and any remaining moneys	121775
after such redemption or defeasance shall be transferred in	121776
accordance with that section to the General Revenue Fund.	121777

(9) Division (D) of this section does not restrict the	121778
Department of Rehabilitation and Correction from contracting, not	121779
for the sale of, but only for the private operation and management	121780
of the Grafton Correctional Institution.	121781

(10) Division (D) of this section expires two years after its	121782
effective date.	121783

(E)(1) As used in division (E) of this section, "grantee"	121784
means an entity that has contracted under section 9.06 of the	121785
Revised Code to privately operate the North Coast Correctional	121786
Treatment Facility, if the contract includes the clauses described	121787
in division (B)(2) of this section for the purchase of that	121788
Facility.	121789

(2) The Governor is authorized to execute a deed in the name	121790
of the state conveying to the grantee, its successors and assigns,	121791
all of the right, title, and interest of the state in the North	121792
Coast Correctional Treatment Facility, in the City of Grafton,	121793
County of Lorain, State of Ohio, the land situated thereon, and	121794
any surrounding land, which totals approximately 171 acres.	121795

In preparing the deed, the Auditor of State, with the	121796
assistance of the Attorney General, shall develop a legal	121797
description of the property in conformity with the actual bounds	121798
of the real estate.	121799

(3) Consideration for conveyance of the real estate shall be	121800
set forth in the contract awarded to the grantee and shall be paid	121801
in accordance with the terms of the contract.	121802

(4)(a) The deed may contain any restriction that the Director	121803
of Administrative Services and the Director of Rehabilitation and	121804
Correction determine is reasonably necessary to protect the	121805
state's interest in neighboring state-owned land.	121806

(b) The deed also shall contain restrictions prohibiting the	121807
grantee from using, developing, or selling the real estate, or the	121808
correctional facility thereon, except in conformance with the	121809
restriction, or if the use, development, or sale will interfere	121810
with the quiet enjoyment of the neighboring state-owned land.	121811

(5) The real estate shall be sold as an entire tract and not	121812
in parcels.	121813

(6) Upon payment of the purchase price as set forth in the	121814
contract awarded to the grantee, the Auditor of State, with the	121815
assistance of the Attorney General, shall prepare a deed to the	121816
real estate. The deed shall state the consideration and	121817
restrictions and shall be executed by the Governor in the name of	121818
the state, countersigned by the Secretary of State, sealed with	121819
the Great Seal of the State, presented in the Office of the	121820
Auditor of State for recording, and delivered to the grantee. The	121821
grantee shall present the deed for recording in the Office of the	121822
Lorain County Recorder.	121823

(7) The grantee shall pay all costs associated with the	121824
purchase and conveyance of the real estate, including recordation	121825
costs of the deed.	121826

(8) The proceeds of the conveyance of the real estate shall	121827
be deposited into the state treasury to the credit of the Adult	121828
and Juvenile Correctional Facilities Bond Retirement Fund and	121829
shall be used to redeem or defease bonds in accordance with	121830
section 5120.092 of the Revised Code, and any remaining moneys	121831
after such redemption or defeasance shall be transferred in	121832
accordance with that section to the General Revenue Fund.	121833

(9) Division (E) of this section does not restrict the	121834
Department of Rehabilitation and Correction from contracting, not	121835
for the sale of, but only for the private operation and management	121836
of the North Coast Correctional Treatment Facility.	121837

(10) Division (E) of this section expires two years after its	121838
effective date.	121839

(F)(1) As used in division (F) of this section, "grantee"	121840
means an entity that has contracted under section 9.06 of the	121841
Revised Code to privately operate the North Central Correctional	121842
Institution, if the contract includes the clauses described in	121843
division (B)(2) of this section for the purchase of that	121844
Institution.	121845

(2) The Governor is authorized to execute a deed in the name	121846
of the state conveying to the grantee, its successors and assigns,	121847
all of the right, title, and interest of the state in the North	121848
Central Correctional Institution, in the City of Marion, County of	121849
Marion, State of Ohio, the land situated thereon, and any	121850
surrounding land, which totals approximately 152 acres.	121851

In preparing the deed, the Auditor of State, with the	121852
assistance of the Attorney General, shall develop a legal	121853
description of the property in conformity with the actual bounds	121854
of the real estate.	121855

(3) Consideration for conveyance of the real estate shall be	121856
set forth in the contract awarded to the grantee and shall be paid	121857
in accordance with the terms of the contract.	121858

(4)(a) The deed may contain any restriction that the Director	121859
of Administrative Services and the Director of Rehabilitation and	121860
Correction determine is reasonably necessary to protect the	121861
state's interest in neighboring state-owned land.	121862

(b) The deed also shall contain restrictions prohibiting the	121863
grantee from using, developing, or selling the real estate, or the	121864
correctional facility thereon, except in conformance with the	121865
restriction, or if the use, development, or sale will interfere	121866
with the quiet enjoyment of the neighboring state-owned land.	121867

(5) The real estate shall be sold as an entire tract and not	121868
in parcels.	121869

(6) Upon payment of the purchase price as set forth in the	121870
contract awarded to the grantee, the Auditor of State, with the	121871
assistance of the Attorney General, shall prepare a deed to the	121872
real estate. The deed shall state the consideration and	121873
restrictions and shall be executed by the Governor in the name of	121874
the state, countersigned by the Secretary of State, sealed with	121875
the Great Seal of the State, presented in the Office of the	121876
Auditor of State for recording, and delivered to the grantee. The	121877
grantee shall present the deed for recording in the Office of the	121878
Marion County Recorder.	121879

(7) The grantee shall pay all costs associated with the	121880
purchase and conveyance of the real estate, including recordation	121881
costs of the deed.	121882

(8) The proceeds of the conveyance of the real estate shall	121883
be deposited into the state treasury to the credit of the Adult	121884
and Juvenile Correctional Facilities Bond Retirement Fund and	121885
shall be used to redeem or defease bonds in accordance with	121886
section 5120.092 of the Revised Code, and any remaining moneys	121887
after such redemption or defeasance shall be transferred in	121888
accordance with that section to the General Revenue Fund.	121889

(9) Division (F) of this section does not restrict the	121890
Department of Rehabilitation and Correction from contracting, not	121891
for the sale of, but only for the private operation and management	121892
of the North Central Correctional Institution.	121893

(10) Division (F) of this section expires two years after its	121894
effective date.	121895

(G)(1)(a) As used in division (G) of this section, "grantee"	121896
means an entity that has contracted under section 9.06 of the	121897
Revised Code to privately operate a facility at the North Central	121898
Correctional Institution Camp, if the contract includes the	121899
clauses described in division (B)(2) of this section for the	121900
purchase of that facility.	121901

(b) Jurisdiction of the facility described in division	121902
(G)(1)(a) of this section, which is a vacated facility previously	121903
operated by the Department of Youth Services adjacent to the North	121904
Central Correctional Institution, is hereby transferred from the	121905
Department of Youth Services to the Department of Rehabilitation	121906
and Correction. The transfer of jurisdiction of that facility is	121907
hereby ratified and approved.	121908

(2) The Governor is authorized to execute a deed in the name	121909
of the state conveying to the grantee, its successors and assigns,	121910
all of the right, title, and interest of the state in the North	121911
Central Correctional Institution Camp, in the City of Marion,	121912
County of Marion, State of Ohio, the land situated thereon, and	121913
any surrounding land, which totals approximately 106 acres.	121914

In preparing the deed, the Auditor of State, with the	121915
assistance of the Attorney General, shall develop a legal	121916
description of the property in conformity with the actual bounds	121917
of the real estate.	121918

(3) Consideration for conveyance of the real estate shall be	121919
set forth in the contract awarded to the grantee and shall be paid	121920
in accordance with the terms of the contract.	121921

(4)(a) The deed may contain any restriction that the Director	121922
of Administrative Services and the Director of Rehabilitation and	121923
Correction determine is reasonably necessary to protect the	121924
state's interest in neighboring state-owned land.	121925

(b) The deed also shall contain restrictions prohibiting the	121926
grantee from using, developing, or selling the real estate, or the	121927
correctional facility thereon, except in conformance with the	121928
restriction, or if the use, development, or sale will interfere	121929
with the quiet enjoyment of the neighboring state-owned land.	121930

(5) The real estate shall be sold as an entire tract and not	121931
in parcels.	121932

(6) Upon payment of the purchase price as set forth in the	121933
contract awarded to the grantee, the Auditor of State, with the	121934
assistance of the Attorney General, shall prepare a deed to the	121935
real estate. The deed shall state the consideration and	121936
restrictions and shall be executed by the Governor in the name of	121937
the state, countersigned by the Secretary of State, sealed with	121938
the Great Seal of the State, presented in the Office of the	121939
Auditor of State for recording, and delivered to the grantee. The	121940
grantee shall present the deed for recording in the Office of the	121941
Marion County Recorder.	121942

(7) The grantee shall pay all costs associated with the	121943
purchase and conveyance of the real estate, including recordation	121944
costs of the deed.	121945

(8) The proceeds of the conveyance of the real estate shall	121946
be deposited into the state treasury to the credit of the Adult	121947
and Juvenile Correctional Facilities Bond Retirement Fund and	121948
shall be used to redeem or defease bonds in accordance with	121949
section 5120.092 of the Revised Code, and any remaining moneys	121950
after such redemption or defeasance shall be transferred in	121951
accordance with that section to the General Revenue Fund.	121952

(9) Division (G) of this section does not restrict the	121953
Department of Rehabilitation and Correction from contracting, not	121954
for the sale of, but only for the private operation and management	121955
of the North Central Correctional Institution Camp.	121956

(10) Division (G) of this section expires two years after its	121957
effective date.	121958

Section 753.20. (A) The Governor is authorized to execute a	121959
deed in the name of the state conveying to the Ripley Union Lewis	121960
Huntington School District, its successors and assigns, all of the	121961
state's right, title, and interest in the following described real	121962
estate:	121963

I	121964

Starting at a 5/8" iron pin found on the southerly	121965
right-of-way line of Outer Drive, the northeasterly line of Edward	121966
and Eva K. Farnbach and Michael S. Pfeffer, Trustee at the	121967
northwesterly corner of L.J. Germann's Addition as recorded in	121968
Plat Book C-3, page 204, slide 213 in the Brown County, Ohio	121969
Recorder's Office;	121970

Thence with the southerly right-of-way line of said Outer	121971
Drive and with the northerly line of said Farnbach and Pfeffer for	121972
the next four (4) courses;	121973

South 63 degrees 34 minutes 18 seconds West a distance of	121974
24.20 feet;	121975

South 79 degrees 33 minutes 23 seconds West a distance of	121976
92.60 feet;	121977

South 75 degrees 58 minutes 20 seconds West a distance of	121978
347.02 feet;	121979

South 84 degrees 53 minutes 30 seconds West a distance of	121980
10.54 feet;	121981

Thence with a line through the land of said Farnbach and	121982
Pfeffer for the next two (2) courses:	121983

South 21 degrees 11 minutes 23 seconds West a distance of	121984
43.58 feet;	121985

South 0 degrees 25 minutes 20 seconds West a distance of	121986
586.49 feet to a point on the southerly line of said Farnbach and	121987
Pfeffer and on the northerly line of Michael Ray Schwallie;	121988

Thence with a line through the land of said Schwallie for the	121989
next two (2) courses:	121990

South 0 degrees 25 minutes 20 seconds West a distance of	121991
227.62 feet;	121992

South 35 degrees 47 minutes 10 seconds East a distance of	121993
523.46 feet to a point on the southerly line of said Schwallie and	121994
on the northerly line of the State of Ohio;	121995

Thence with a line through the land of said State of Ohio	121996
three (3) courses:	121997

South 35 degrees 47 minutes 10 seconds East a distance of	121998
29.17 feet;	121999

South 6 degrees 22 minutes 58 seconds West a distance of	122000
29.21 feet;	122001

South 51 degrees 22 minutes 58 seconds West a distance of	122002
583.46 feet and the true point of beginning;	122003

Thence from said true point of beginning and through the land	122004
of said State of Ohio for the next five (5) courses:	122005

On a curve to the left having a radius of 300.00 feet, an	122006
interior angle of 37 degrees 00 minutes 54 seconds, an arc length	122007
of 193.81 feet, a chord bearing of South 76 degrees 58 minutes 37	122008
seconds East for a chord length of 190.46 feet;	122009

South 58 degrees 28 minutes 11 seconds East a distance of	122010
284.98 feet;	122011

On a curve to the left having a radius of 300.00 feet, an	122012
interior angle of 180 degrees 00 minutes 00 seconds, an arc length	122013
of 942.48 feet, a chord bearing of South 31 degrees 31 minutes 49	122014
seconds West for a chord length of 600.00 feet;	122015

North 58 degrees 28 minutes 11 seconds West a distance of	122016
284.98 feet;	122017

On a curve to the right having a radius of 300.00 feet, an	122018
interior angle of 142 degrees 59 minutes 08 seconds, an arc length	122019
of 748.67 feet, a chord bearing of North 13 degrees 01 minutes 23	122020
seconds East for a chord length of 568.97 feet and CONTAINING	122021
3.925 Acres	122022

This description was prepared by Christopher S. Renshaw,	122023
P.S., Ohio Registration No. 8319 on 16 October 2009.	122024

II	122025

Starting at 5/8" iron pin found on the southerly right-of-way	122026
line of Outer Drive, the northeasterly corner of Edward and Eva K.	122027
Farnbach and Michael S. Pfeffer, Trustee at the northwesterly	122028
corner of L.J. Germann's Addition as recorded in Plat Book C-3,	122029
page 204, slide 213 in the Brown County, Ohio Recorder's Office;	122030

Thence with the southerly right-of-way line of Outer Drive	122031
and with the northerly line of Edward and Eva K. Farnbach, etal	122032
for the next three (3) courses:	122033

South 63 degrees 34 minutes 18 seconds West a distance of	122034
24.20 feet;	122035

South 79 degrees 33 minutes 23 seconds West a distance of	122036
92.60 feet;	122037

South 75 degrees 58 minutes 20 seconds West a distance of	122038
340.45 feet;	122039

Thence through the land of said Farnbach for the next two (2)	122040
courses:	122041

South 21 degrees 11 minutes 23 seconds West a distance of	122042
49.42 feet;	122043

South 0 degrees 25 minutes 20 seconds West a distance of	122044
571.70 feet to a point on the southerly line of said Farnbach and	122045
on the northerly line of Michael Ray Schwallie;	122046

Thence through the land of said Schwallie for the next two	122047
(2) courses:	122048

South 0 degrees 25 minutes 20 seconds West a distance of	122049
234.76 feet;	122050

South 35 degrees 47 minutes 10 seconds East a distance of	122051
518.08 feet to a point on the southerly line of said Schwallie and	122052
on the northerly line of the State of Ohio and the true point of	122053
beginning; said point being on the easterly line of said real	122054
estate;	122055

Thence from said the true point of beginning and with a line	122056
through the land of said State of Ohio seven (7) courses:	122057

South 35 degrees 47 minutes 10 seconds East a distance of	122058
35.43 feet;	122059

South 6 degrees 22 minutes 58 seconds West a distance of	122060
41.21 feet;	122061

South 51 degrees 22 minutes 58 seconds West a distance of	122062
568.72 feet;	122063

On a curve to the left having a radius of 300.00 feet, an	122064
interior angle of 20 degrees 37 minutes 27 seconds, an arc length	122065
of 107.99 feet, a chord bearing of South 79 degrees 07 minutes 37	122066
seconds West for a chord length of 107.41 feet;	122067

North 51 degrees 22 minutes 58 seconds East a distance of	122068
643.06 feet;	122069

North 6 degrees 22 minutes 57 seconds East a distance of 1.22	122070
feet;	122071

North 35 degrees 47 minutes 10 seconds West a distance of	122072
14.58 feet to a point on the southerly line of said Schwallie and	122073
on the northerly line of said State of Ohio;	122074

Thence with the southerly line of said Schwallie and on the	122075
northerly line of said State of Ohio North 52 degrees 24 minutes	122076
43 seconds East a distance of 50.02 feet to the place of beginning	122077
and CONTAINING 0.740 Acres.	122078

This description was prepared by Christopher S. Renshaw,	122079
P.S., Ohio Registration No. 8319 on 16 October 2009.	122080

III	122081

Starting at a 5/8" iron pin found on the southerly	122082
right-of-way line of Outer Drive, the northeasterly corner of	122083
Edward and Eva K. Farnbach and Michael S. Pfeffer, Trustee at the	122084
northwesterly corner of L.J. Germann's Addition as recorded in	122085
Plat Book C-3, page 204, slide 213 in the Brown County, Ohio	122086
Recorder's Office;	122087

Thence with the southerly right-of-way line of said Outer	122088
Drive and with the northerly line of said Farnbach and Pfeffer for	122089
the next four (4) courses:	122090

South 63 degrees 34 minutes 18 seconds West a distance of	122091
24.20 feet;	122092

South 79 degrees 33 minutes 23 seconds West a distance of	122093
92.60 feet;	122094

South 75 degrees 58 minutes 20 seconds West a distance of	122095
347.02 feet;	122096

South 84 degrees 53 minutes 30 seconds West a distance of	122097
10.54 feet;	122098

Thence with a line through the land of said Farnbach and	122099
Pfeffer for the next two (2) courses:	122100

South 21 degrees 11 minutes 23 seconds West a distance of	122101
43.58 feet;	122102

South 0 degrees 25 minutes 20 seconds West a distance of	122103
586.49 feet to a point on the southerly line of said Farnbach	122104
Pfeffer and on the northerly line of Michael Ray Schwallie;	122105

Thence with a line through the land of said Schwallie for the	122106
next two (2) courses:	122107

South 0 degrees 25 minutes 20 seconds West a distance of	122108
227.62 feet;	122109

South 35 degrees 47 minutes 10 seconds East a distance of	122110
523.46 feet to a point on the southerly line of said Schwallie and	122111
on the northerly line of the State of Ohio and the true point of	122112
beginning, said beginning point being on the easterly line of said	122113
real estate;	122114

Thence from said the true point of beginning and with a line	122115
through the land of said State of Ohio seven (7) courses:	122116

South 35 degrees 47 minutes 10 seconds East a distance of	122117
29.17 feet;	122118

South 6 degrees 22 minutes 58 seconds West a distance of	122119
29.21 feet;	122120

South 51 degrees 22 minutes 58 seconds West a distance of	122121
583.46 feet;	122122

On a curve to the left having a radius of 300.00 feet, an	122123
interior angle of 7 degrees 49 minutes 53 seconds, an arc length	122124
of 41.01 feet, a chord bearing of South 80 degrees 35 minutes 59	122125
seconds West for a chord length of 40.97 feet;	122126

North 51 degrees 22 minutes 58 seconds East a distance of	122127
610.94 feet;	122128

North 6 degrees 22 minutes 58 seconds East a distance of	122129
13.22 feet;	122130

North 35 degrees 47 minutes 10 seconds West a distance of	122131
20.83 feet to a point on the southerly line of said Schwallie and	122132
on the northerly line of said State of Ohio;	122133

Thence with the southerly line of said Schwallie and on the	122134
northerly line of said State of Ohio North 52 degrees 24 minutes	122135
43 seconds East a distance of 20.01 feet to the place of beginning	122136
and CONTAINING 0.295 Acres.	122137

This description was prepared by Christopher S. Renshaw,	122138
P.S., Ohio Registration No. 8319 on 16 October 2009.	122139

IV	122140

Starting at a spike found in the centerline of U.S. Route No.	122141
52, 62 & 68, at the southeasterly corner of Surgical Appliance	122142
Industries, Inc.'s 2.00 Acre tract as recorded in Deed Book 164,	122143
page 778 in the Brown County, Ohio Recorder's Office;	122144

Thence with the line of said Surgical Appliance Industries,	122145
Inc. South 52 degrees 38 minutes 52 seconds West a distance of	122146
80.00 feet to a point on the on the southerly right-of-way line of	122147
said U.S. Route No. 52, 62 & 68;	122148

Thence with the southerly right-of-way line of said U.S.	122149
Route No. 52, 62 & 68 South 36 degrees 23 minutes 01 seconds East	122150
a distance of 19.72 feet to the true point of beginning;	122151

South 52 degrees 41 minutes 03 seconds West a distance of	122152
260.37 feet;	122153

South 49 degrees 59 minutes 41 seconds West a distance of	122154
179.65 feet;	122155

On a curve to the left having a radius of 200.00 feet, an	122156
interior angle of 43 degrees 45 minutes 50 seconds, an arc length	122157
of 152.76 feet, a chord bearing of South 28 degrees 06 minutes 46	122158
seconds West for a chord length of 149.08 feet;	122159

South 6 degrees 13 minutes 51 seconds West a distance of	122160
204.40 feet;	122161

On a curve to the left having a radius of 100.00 feet, an	122162
interior angle of 44 degrees 44 minutes 55 seconds, an arc length	122163
of 78.10 feet, a chord bearing of South 16 degrees 08 minutes 36	122164
seconds East for a chord length of 76.13 feet;	122165

South 38 degrees 31 minutes 04 seconds East a distance of	122166
266.21 feet;	122167

On a curve to the left having a radius of 50.00 feet, an	122168
interior angle of 53 degrees 35 minutes 34 seconds, an arc length	122169
of 46.77 feet, a chord bearing of South 65 degrees 18 minutes 51	122170
seconds East for a chord length of 45.08 feet;	122171

North 87 degrees 53 minutes 23 seconds East a distance of	122172
6.15 feet;	122173

On a curve to the right having a radius of 12.50 feet, an	122174
interior angle of 143 degrees 13 minutes 01 seconds, an arc length	122175
of 31.25 feet, a chord bearing of South 20 degrees 30 minutes 07	122176
seconds East for a chord length of 23.72;	122177

South 51 degrees 40 minutes 10 seconds West a distance of	122178
345.58 feet;	122179

On a curve to the left having a radius of 125.00 feet, an	122180
interior angle of 43 degrees 33 minutes 25 seconds, an arc length	122181
of 95.03 feet, a chord bearing of South 29 degrees 53 minutes 28	122182
seconds West for a chord length of 92.75 feet;	122183

South 8 degrees 06 minutes 45 seconds West a distance of	122184
65.53 feet;	122185

On a curve to the right have a radius of 63.00 feet, an	122186
interior angle of 91 degrees 48 minutes 38 seconds, an arc length	122187
of 100.95 feet, a chord bearing of South 54 degrees 01 minutes 04	122188
seconds West for a chord length of 90.49 feet;	122189

North 80 degrees 04 minutes 37 seconds West a distance of	122190
579.25 feet;	122191

On a curve to the right having a radius of 150.00 feet, an	122192
interior angle of 26 degrees 20 minutes 16 seconds, an arc length	122193
of 68.95 feet, a chord bearing of North 66 degrees 54 minutes 29	122194
seconds West for a chord length of 68.35 feet;	122195

North 53 degrees 44 minutes 21 seconds West a distance of	122196
229.52 feet;	122197

North 46 degrees 10 minutes 36 seconds West a distance of	122198
25.00 feet;	122199

North 52 degrees 49 minutes 16 seconds West a distance of	122200
55.12 feet;	122201

On a curve to the left having a radius of 205.00 feet, an	122202
interior angle of 75 degrees 47 minutes 45 seconds, an arc length	122203
of 271.19 feet, a chord bearing of South 89 degrees 16 minutes 52	122204
seconds West for a chord length of 251.85 feet;	122205

South 51 degrees 22 minutes 58 seconds West a distance of	122206
139.29 feet;	122207

On a curve to the left having a radius of 55.00 feet, an	122208
interior angle of 105 degrees 02 minutes 01 seconds, an arc length	122209
of 100.83 feet, a chord bearing of South 01 degrees 08 minutes 03	122210
seconds East for a chord length of 87.29 feet;	122211

South 53 degrees 39 minutes 03 seconds East a distance of	122212
447.62 feet;	122213

North 53 degrees 39 minutes 03 seconds West a distance of	122214
447.62 feet;	122215

On a curve to the right having a radius of 55.00 feet, an	122216
interior angle of 105 degrees 02 minutes 01 seconds, an arc length	122217
of 100.83 feet, a chord bearing of North 01 degrees 08 minutes 03	122218
seconds West for a chord length of 87.29 feet;	122219

North 51 degrees 22 minutes 58 seconds East a distance of	122220
139.29 feet;	122221

On a curve to the right having a radius of 205.00 feet, an	122222
interior angle of 75 degrees 47 minutes 45 seconds, an arc length	122223
of 271.19 feet, a chord bearing of North 89 degrees 16 minutes 52	122224
seconds East for a chord length of 251.85 feet;	122225

South 52 degrees 49 minutes 16 seconds East a distance of	122226
55.12 feet;	122227

South 46 degrees 10 minutes 36 seconds East a distance of	122228
25.00 feet;	122229

South 53 degrees 44 minutes 21 seconds East a distance of	122230
229.52 feet;	122231

On a curve to the left having a radius of 150.00 feet, an	122232
interior angle of 26 degrees 20 minutes 16 seconds, an arc length	122233
of 68.95 feet, a chord bearing of South 66 degrees 54 minutes 29	122234
seconds East for a chord length of 68.35 feet;	122235

South 80 degrees 04 minutes 37 seconds East a distance of	122236
579.25 feet;	122237

On a curve to the left having a radius of 63.00 feet, an	122238
interior angle of 91 degrees 48 minutes 38 seconds, an arc length	122239
of 100.95 feet, a chord bearing of North 54 degrees 01 minutes 04	122240
seconds East for a chord length of 90.49 feet;	122241

North 8 degrees 06 minutes 45 seconds East a distance of	122242
65.53 feet;	122243

On a curve to the right having a radius of 125.00 feet, an	122244
interior angle of 43 degrees 33 minutes 25 seconds, an arc length	122245
of 95.03 feet, a chord bearing of North 29 degrees 53 minutes 28	122246
seconds East for a chord length of 92.75 feet;	122247

North 51 degrees 40 minutes 10 seconds East a distance of	122248
345.58 feet;	122249

North 51 degrees 06 minutes 24 seconds East a distance of	122250
242.53 feet;	122251

On a curve to the left having a radius of 75.00 feet, an	122252
interior angle of 89 degrees 40 minutes 16 seconds, an arc length	122253
of 117.38 feet, a chord bearing of North 06 degrees 16 minutes 16	122254
seconds East for a chord length of 105.76 feet;	122255

North 38 degrees 33 minutes 52 seconds West a distance of	122256
100.75 feet;	122257

North 53 degrees 36 minutes 14 seconds East a distance of	122258
396.32 feet.	122259

This description was prepared by Christopher S. Renshaw,	122260
P.S., Ohio Registration No. 8319 on 16 October 2009.	122261

(B) Consideration for conveyance of the real estate is the	122262
mutual benefit accruing to the state and the Ripley Union Lewis	122263
Huntington School District from the use of the real estate so that	122264
a water well may be constructed and operated.	122265

(C) The Ripley Union Lewis Huntington School District shall	122266
use the real estate to construct and operate a water well. If the	122267
Ripley Union Lewis Huntington School District ceases to use the	122268
real estate to construct and operate a water well, all right,	122269
title, and interest in the real estate immediately reverts to the	122270
state without the need for any further action by the state.	122271

(D) The Ripley Union Lewis Huntington School District shall	122272
pay the costs of the conveyance.	122273

(E) Within thirty days after the effective date of this	122274
section, the Auditor of State, with the assistance of the Attorney	122275
General, shall prepare a deed to the real estate. The deed shall	122276
state the consideration and the condition. The deed shall be	122277
executed by the Governor in the name of the state, countersigned	122278
by the Secretary of State, sealed with the Great Seal of the	122279
State, presented in the office of the Auditor of State for	122280
recording, and delivered to the Ripley Union Lewis Huntington	122281
School District. The Ripley Union Lewis Huntington School District	122282
shall present the deed for recording in the office of the Brown	122283
County Recorder.	122284

(F) This section expires one year after its effective date.

122285

Section 753.23. (A) The Governor is authorized to execute a	122286
deed in the name of the state (Kent State University) conveying to	122287
the Board of Township Trustees of Jackson Township in Stark County	122288
and its successors and assigns all of the state's right, title,	122289
and interest in the following described real estate:	122290

Known as and being a part of the Southeast and Southwest	122291
Quarters of Section 13, Township 11 (Jackson) R-9, County of	122292
Stark, State of Ohio. Also being a part of tracts of land conveyed	122293
to the state of Ohio as recorded in Deed Volume 3109, Page 573 of	122294
the records of Stark County and being more fully bounded and	122295
described as follows:	122296

Commencing at a hex head iron bar in a monument box (JAC	122297
080), being the southeast corner of said Southwest Quarter of	122298
Section 13 and also being an angle point on the centerline of	122299
Dressler Road (C.R. 224) (Variable Width) as recorded in file 106	122300
of the Stark County Engineers Office;	122301

Thence, along the centerline of Dressler Road, N 1803'31" E a	122302
distance of 223.09 feet to the True Place of beginning for the	122303
parcel herein described;	122304

1. Thence N 56°56'23" W a distance of 241.46 feet to a 5/8"	122305
rebar set, said line passes over a 5/8" rebar set at 41.41 feet;	122306

2. Thence N 01°44'30" W a distance of 230.40 feet to a 5/8"	122307
rebar set;	122308

3. Thence N 67°27'21" E a distance of 150.00 feet to a 5/8"	122309
rebar set;	122310

4. Thence S 63°25'06" E a distance of 199.60 feet to a point	122311
in the centerline of Dressler Road, said line passes over a 5/8"	122312
rebar set at 159.15 feet;	122313

5. Thence, along the centerline of Dressler Road, S 18°03'31"	122314
W a distance of 347.32 feet to the true place of beginning and	122315
containing 2.025 acres of land, more or less of which 0.970 acres	122316
are located in the Southeast Quarter of Section 13 and 1.055 acres	122317
are located in the Southwest Quarter of Section 13.	122318

The above described area is contained within the Stark County	122319
Auditor's Permanent Parcel Numbers 1680061 and 1680066.	122320

The basis of bearings in this description is based on the	122321
Ohio North Zone, State Plane Coordinates NAD 83 (86).	122322

The statement of "5/8" rebar Set" refers to a 5/8" x 30" Dia.	122323
Rebar set with a plastic i.d. cap stamped "SCE".	122324

This description was prepared and reviewed by Daniel J.	122325
Houck, Professional Surveyor No. 7851 in March of 2010, of the	122326
Stark County Engineer's Office. This description is based on a	122327
survey made by the Stark County Engineer's Office in March of	122328
2010, under the direction and supervision of Keith A. Bennett,	122329
Professional Surveyor No. 7615. (Attachment A)	122330

(B) Consideration for conveyance of the real estate is the	122331
mutual benefit accruing to the state from Jackson Township's use	122332
of the real estate for a fire station.	122333

(C) If the use of the real estate as a fire station is	122334
discontinued, the real estate reverts to Kent State University,	122335
and Jackson Township shall raze the building currently on the real	122336
estate and remove from the real estate any contaminants relating	122337
to the building's use as a fire station.	122338

(D) The Board of Township Trustees of Jackson Township in	122339
Stark County shall pay the costs of the conveyance.	122340

(E) The Auditor of State, with the assistance of the Attorney	122341
General, shall prepare a deed to the real estate. The deed shall	122342
state the consideration and the reverter. The deed shall be	122343
executed by the Governor in the name of the state, countersigned	122344
by the Secretary of State, sealed with the Great Seal of the	122345
State, presented in the Office of the Auditor of State for	122346
recording, and delivered to the Board of Township Trustees of	122347
Jackson Township in Stark County. The Board of Township Trustees	122348
of Jackson Township in Stark County shall present the deed for	122349
recording in the Office of the Stark County Recorder.	122350

(F) This section expires one year after its effective date.

122351

Section 753.30. (A)(1) The Director of Administrative	122352
Services and the Director of Youth Services are hereby authorized	122353
to award a contract through a request for proposals for the	122354
operation and management as an adult or juvenile correctional	122355
facility of any facility under the management and control of the	122356
Department of Youth Services following the closure of that	122357
facility and for the transfer of the state's right, title, and	122358
interest in the real property on which the facility is situated	122359
and in any surrounding land. The section applies only to	122360
facilities that are closed before January 1, 2012.	122361

(2) A contract awarded under this section shall include the	122362
requirements, statements, and authorizations that must be included	122363
in a contract pursuant to section 9.06 or 9.07 of the Revised	122364
Code, whichever is applicable. If neither section 9.06 nor 9.07 of	122365
the Revised Code applies to the purposes for which the facility	122366
will be used, the contract shall include requirements, statements,	122367
and authorizations similar to those listed in section 9.06 or 9.07	122368
of the Revised Code but adapted to those purposes. The contract	122369
shall also include all of the following:	122370

(a) An agreement for the sale to the contractor of the	122371
state's right, title, and interest in the facility, the land	122372
situated thereon, and specified surrounding land;	122373

(b) A requirement that the contractor provide preferential	122374
hiring treatment to employees or former employees of the	122375
Department of Youth Services in order to retain or rehire staff	122376
displaced as a result of the closure of the facility and the	122377
transition of the operation and management of the facility and to	122378
meet the administrative, programmatic, maintenance, and security	122379
needs of the facility;	122380

(c) Notwithstanding any provision of the Revised Code,	122381
authorization for the transfer to the contractor of any supplies,	122382
equipment, furnishings, fixtures, or other assets considered	122383
necessary by the Director of Youth Services and the Director of	122384
Administrative Services for the operation and management of the	122385
facility;	122386

(d) Plans for the operation and management of the facility or	122387
the disposition of the facility's employees and prisoners upon	122388
termination of the contract or the bankruptcy or financial	122389
insolvency of the contractor.	122390

(3) If the Director of Administrative Services and the	122391
Director of Youth Services award a contract under this section,	122392
notwithstanding any provision of the Revised Code, the state may	122393
transfer to the contractor in accordance with the contract any	122394
supplies, equipment, furnishings, fixtures, or other assets	122395
considered necessary by the Director of Youth Services and the	122396
Director of Administrative Services for the operation and	122397
management of the facility. For purposes of this paragraph and the	122398
transfer authorized under this paragraph, any such supplies,	122399
equipment, furnishings, fixtures, or other assets shall not be	122400
considered supplies, excess supplies, or surplus supplies as	122401
defined in section 125.12 of the Revised Code and may be disposed	122402
of as part of the transfer of the facility to the contractor.	122403

(B)(1) In preparing the deed, the Auditor of State, with the	122404
assistance of the Attorney General, shall develop a legal	122405
description of the property in conformity with the actual bounds	122406
of the real estate. The grantee named in the deed shall be the	122407
contractor to whom the contract is awarded under this section.	122408

(2) Consideration for conveyance of the real estate shall be	122409
set forth in the contract awarded to the contractor and shall be	122410
paid in accordance with the terms of the contract.	122411

(3)(a) The deed may contain any restriction that the Director	122412
of Administrative Services and the Director of Youth Services	122413
determine is reasonably necessary to protect the state's interest	122414
in neighboring state-owned land.	122415

(b) The deed also shall contain restrictions prohibiting the	122416
grantee from:	122417

(i) Using, developing, or selling the real estate, or the	122418
correctional facility thereon, except in conformance with the	122419
restriction, or if the use, development, or sale will interfere	122420
with the quiet enjoyment of the neighboring state-owned land;	122421

(ii) Using the real estate for any use other than as a	122422
correctional institution.	122423

(4) The real estate shall be sold as an entire tract and not	122424
in parcels.	122425

(5) Upon payment of the purchase price as set forth in the	122426
contract, the Auditor of State, with the assistance of the	122427
Attorney General, shall prepare a deed to the real estate. The	122428
deed shall state the consideration and restrictions and shall be	122429
executed by the Governor in the name of the state, countersigned	122430
by the Secretary of State, sealed with the Great Seal of the	122431
State, presented in the Office of the Auditor of State for	122432
recording, and delivered to the grantee. The grantee shall present	122433
the deed for recording in the office of the recorder of the county	122434
in which the facility is located.	122435

(6) The grantee shall pay all costs associated with the	122436
purchase and conveyance of the real estate, including the costs of	122437
recording the deed.	122438

(7) The proceeds of the conveyance of the real estate shall	122439
be deposited into the State Treasury to the credit of the Adult	122440
and Juvenile Correctional Facilities Bond Retirement Fund and	122441
shall be used to retire bonds in accordance with section 5120.092	122442
of the Revised Code, and any remaining moneys shall be transferred	122443
in accordance with that section to the General Revenue Fund.	122444

122445

Section 755.10. The Director of Transportation may enter into	122446
agreements as provided in this section with the United States or	122447
any department or agency of the United States, including, but not	122448
limited to, the United States Army Corps of Engineers, the United	122449
States Forest Service, the United States Environmental Protection	122450
Agency, and the United States Fish and Wildlife Service. An	122451
agreement entered into pursuant to this section shall be solely	122452
for the purpose of dedicating staff to the expeditious and timely	122453
review of environmentally related documents submitted by the	122454
Director of Transportation, as necessary for the approval of	122455
federal permits. The agreements may include provisions for advance	122456
payment by the Director of Transportation for labor and all other	122457
identifiable costs of the United States or any department or	122458
agency of the United States providing the services, as may be	122459
estimated by the United States, or the department or agency of the	122460
United States. The Director shall submit a request to the	122461
Controlling Board indicating the amount of the agreement, the	122462
services to be performed by the United States or the department or	122463
agency of the United States, and the circumstances giving rise to	122464
the agreement.	122465

Section 755.20. No funds may be spent, transferred, or	122466
encumbered pursuant to this or any other appropriations act for	122467
the removal and replacement of the Edward N. Waldvogel Memorial	122468
Viaduct, also known as the Sixth Street Viaduct, or for the	122469
elevation of River Road in the City of Cincinnati, or for the	122470
construction of a retaining wall along River Road in the City of	122471
Cincinnati in the vicinity of the property located at 1911 - 2151	122472
River Road, until the Director of Transportation determines that a	122473
legally binding agreement is in effect between the City of	122474
Cincinnati and Queensgate Terminals, LLC, with at least the	122475
following terms:	122476

(A) Queensgate Terminals, LLC, will pay the City of	122477
Cincinnati $1,800,000 for the approximately 18.635 acres of the	122478
Hamilton County Auditor's parcel number 149-0010-0097-00, which	122479
extends between the Ohio River and the southern edge of the	122480
railroad lines that have been relocated as part of the Waldvogel	122481
Viaduct Project.	122482

(B) The City of Cincinnati will cooperate with Queensgate	122483
Terminals, LLC, in the development of a rail barge terminal on the	122484
property described in division (A) of this section. The city will	122485
work with Queensgate Terminals, LLC, to provide the Norfolk	122486
Southern and RailAmerica railroad companies access to the property	122487
described in division (A) of this section.	122488

(C) The $1,700,000 placed on deposit with the Hamilton County	122489
Court of Common Pleas in calendar year 2010 with respect to the	122490
pending litigation between the City of Cincinnati and Queensgate	122491
Terminals, LLC, will be paid to Queensgate Terminals, LLC, and all	122492
litigation between the parties will be dismissed.	122493

(D) Queensgate Terminals, LLC, shall have the right to	122494
construct a new rail lead and to convey equipment, materials, and	122495
goods on and across the grade level bridge that crosses Mill Creek	122496
beneath the elevated United States Route 50 in the City of	122497
Cincinnati.	122498

Section 757.10. ADJUSTMENT TO LOCAL GOVERNMENT DISTRIBUTIONS

122499

(A) On or before the tenth day of each month of the period	122500
beginning August 1, 2011, and ending June 30, 2013, the Tax	122501
Commissioner shall determine and certify to the Director of Budget	122502
and Management the amount to be credited during that month to the	122503
Local Government Fund and Public Library Fund pursuant to	122504
divisions (B) to (D) of this section.	122505

(B) Notwithstanding any provision of section 131.51 of the	122506
Revised Code to the contrary, for each month in the period	122507
beginning August 1, 2011, and ending June 30, 2013:	122508

(1) The amount credited first to the Local Government Fund	122509
shall be as provided in division (C) of this section;	122510

(2) The amount credited next to the Public Library Fund shall	122511
be according to the schedule in division (D) of this section.	122512

(C) Pursuant to division (B)(1) of this section, amounts	122513
shall be credited from revenue arising from the personal income	122514
tax levied under Chapter 5747. of the Revised Code to the Local	122515
Government Fund, as follows:	122516

(1)(a) In August 2011, seventy-five per cent of the amount	122517
credited in August 2010; in August 2012, fifty per cent of the	122518
amount credited in August 2010;	122519

(b) In September 2011, seventy-five per cent of the amount	122520
credited in September 2010; in September 2012, fifty per cent of	122521
the amount credited in September 2010;	122522

(c) In October 2011, seventy-five per cent of the amount	122523
credited in October 2010; in October 2012, fifty per cent of the	122524
amount credited in October 2010;	122525

(d) In November 2011, seventy-five per cent of the amount	122526
credited in November 2010; in November 2012, fifty per cent of the	122527
amount credited in November 2010;	122528

(e) In December 2011, seventy-five per cent of the amount	122529
credited in December 2010; in December 2012, fifty per cent of the	122530
amount credited in December 2010;	122531

(f) In January 2012, seventy-five per cent of the amount	122532
credited in January 2011; in January 2013, fifty per cent of the	122533
amount credited in January 2011;	122534

(g) In February 2012, seventy-five per cent of the amount	122535
credited in February 2011; in February 2013, fifty per cent of the	122536
amount credited in February 2011;	122537

(h) In March 2012, seventy-five per cent of the amount	122538
credited in March 2011; in March 2013, fifty per cent of the	122539
amount credited in March 2011;	122540

(i) In April 2012, seventy-five per cent of the amount	122541
credited in April 2011; in April 2013, fifty per cent of the	122542
amount credited in April 2011;	122543

(j) In May 2012, seventy-five per cent of the amount credited	122544
in May 2011; in May 2013, fifty per cent of the amount credited in	122545
May 2011;	122546

(k) In June 2012, seventy-five per cent of the amount	122547
credited in June 2011; in June 2013, fifty per cent of the amount	122548
credited in June 2011;	122549

(l) In July 2012, fifty per cent of the amount credited in	122550
July 2010.	122551

(2) For each month in the period beginning August 1, 2011,	122552
and ending June 30, 2013, an amount sufficient to make the	122553
distributions required for that month under divisions (E)(2)(a),	122554
(b), and (c) of this section.	122555

(D) Pursuant to division (B)(2) of this section, amounts	122556
shall be credited from revenue arising from the kilowatt-hour tax	122557
and sales tax levied under section 5727.81 or 5739.02 of the	122558
Revised Code, respectively, to the Public Library Fund as follows:	122559

(1) In August 2011 and in August 2012, ninety-five per cent	122560
of the amount credited in August 2010;	122561

(2) In September 2011 and in September 2012, ninety-five per	122562
cent of the amount credited in September 2010;	122563

(3) In October 2011 and in October 2012, ninety-five per cent	122564
of the amount credited in October 2010;	122565

(4) In November 2011 and in November 2012, ninety-five per	122566
cent of the amount credited in November 2010;	122567

(5) In December 2011 and in December 2012, ninety-five per	122568
cent of the amount credited in December 2010;	122569

(6) In January 2012 and in January 2013, ninety-five per cent	122570
of the amount credited in January 2011;	122571

(7) In February 2012 and in February 2013, ninety-five per	122572
cent of the amount credited in February 2011;	122573

(8) In March 2012 and in March 2013, ninety-five per cent of	122574
the amount credited in March 2011;	122575

(9) In April 2012 and in April 2013, ninety-five per cent of	122576
the amount credited in April 2011;	122577

(10) In May 2012 and in May 2013, ninety-five per cent of the	122578
amount credited in May 2011;	122579

(11) In June 2012 and in June 2013, ninety-five per cent of	122580
the amount credited in June 2011;	122581

(12) In July 2012, ninety-five per cent of the amount	122582
credited in July 2010.	122583

(E) Notwithstanding any other provision of the Revised Code	122584
to the contrary, the total amount credited to the Local Government	122585
Fund in each month for the period beginning August 1, 2011, and	122586
ending June 30, 2013, shall be distributed by the tenth day of	122587
that month in the following manner:	122588

(1) The total amount credited to the Local Government Fund in	122589
each month pursuant to division (C)(1) of this section shall be	122590
distributed as follows:	122591

(a) Each county undivided local government fund shall receive	122592
a distribution from the Local Government Fund based on its	122593
proportionate share of the total amount received from the fund in	122594
that respective month in fiscal year 2011. As used in this	122595
section, "total amount received" does not include payments	122596
received in fiscal year 2011 under division (C) of section 5725.24	122597
of the Revised Code.	122598

(b) Each municipal corporation that received a direct	122599
distribution in fiscal year 2011 from the Local Government Fund	122600
under division (C) of section 5747.50 of the Revised Code shall	122601
receive a distribution based on its proportionate share of the	122602
total amount of direct distributions made to municipal	122603
corporations from the fund in that respective month in fiscal year	122604
2011.	122605

(2) The total amount credited to the Local Government Fund in	122606
each month pursuant to division (C)(2) of this section shall be	122607
distributed as follows:	122608

(a) If a county undivided local government fund's total	122609
distribution in fiscal year 2011 was equal to or less than five	122610
hundred thousand dollars, the fund shall receive a distribution	122611
equal to the difference between the amount distributed to the fund	122612
in that respective month in fiscal year 2011 and the amount	122613
allocated to the fund for the month under division (E)(1)(a) of	122614
this section.	122615

(b) For each month in the period beginning August 1, 2011,	122616
and ending June 30, 2012, if a county undivided local government	122617
fund's total distribution in fiscal year 2011 exceeded five	122618
hundred thousand dollars and if the sum of the amount allocated to	122619
the fund in July 2011 and the amounts to be allocated to the fund	122620
between August 1, 2011, and June 30, 2012, under division	122621
(E)(1)(a) of this section is less than five hundred thousand	122622
dollars, the fund shall receive a distribution equal to	122623
one-eleventh of the difference between five hundred thousand	122624
dollars and that sum.	122625

(c) For each month in the period beginning July 1, 2012, and	122626
ending June 30, 2013, if a county undivided local government	122627
fund's total distribution in fiscal year 2011 exceeded five	122628
hundred thousand dollars and if the total amount to be allocated	122629
to the fund in fiscal year 2013 under division (E)(1)(a) of this	122630
section is less than five hundred thousand dollars, the fund shall	122631
receive a distribution equal to one-twelfth of the difference	122632
between five hundred thousand dollars and the total amount to be	122633
allocated to the fund in fiscal year 2013 under division (E)(1)(a)	122634
of this section.	122635

(F) Notwithstanding any other provision of the Revised Code	122636
to the contrary, by the tenth day of each month of the period	122637
beginning July 1, 2011, and ending December 31, 2011, each county	122638
undivided public library fund shall receive a distribution from	122639
the Public Library Fund equal to the product derived by	122640
multiplying the following amounts:	122641

(1) The total amount credited to the Public Library Fund in	122642
that month;	122643

(2) A percentage calculated by multiplying one hundred by the	122644
quotient obtained by dividing the sum of the county's	122645
distributions from the Public Library Fund during calendar year	122646
2010 by the sum of distributions made to all counties from the	122647
Public Library Fund during calendar year 2010.	122648

(G) Notwithstanding any other provision of the Revised Code	122649
to the contrary, by the tenth day of each month of the period	122650
beginning January 1, 2012, and ending June 30, 2013, each county	122651
undivided public library fund shall receive a distribution from	122652
the Public Library Fund equal to the product derived by	122653
multiplying the following amounts:	122654

(1) The total amount credited to the Public Library Fund in	122655
that month;	122656

(2) A percentage calculated by multiplying one hundred by the	122657
quotient obtained by dividing the sum of the county's	122658
distributions from the Public Library Fund during calendar year	122659
2011 by the sum of distributions made to all counties from the	122660
Public Library Fund during calendar year 2011.	122661

(H) For the 2012 and 2013 distribution years, the Tax	122662
Commissioner is not required to issue the certifications otherwise	122663
required by sections 5747.47, 5747.501, and 5747.51 of the Revised	122664
Code, but shall provide to each county auditor by July 20, 2011,	122665
and July 20, 2012, an estimate of the amounts to be received by	122666
the county in the ensuing year from the Public Library Fund and	122667
the Local Government Fund pursuant to this section and any other	122668
section of the Revised Code. The Tax Commissioner may report to	122669
each county auditor additional revised estimates of the 2011,	122670
2012, or 2013 distributions at any time during fiscal years 2012	122671
and 2013.	122672

Section 757.20. A school district, joint vocational school	122673
district, or local taxing unit may appeal a levy classification or	122674
any amount used in the calculation of total resources as defined	122675
under division (A) of section 5727.84 or division (A) of section	122676
5751.20 of the Revised Code. Such an appeal shall be filed in	122677
writing, including via electronic mail, with the Tax Commissioner.	122678
Upon receiving such an appeal, the Tax Commissioner shall make a	122679
determination of the merits of the appeal and, if the appeal is	122680
upheld, make necessary changes within the classifications or	122681
calculations. The determination of the Tax Commissioner is final	122682
and not subject to appeal. After June 30, 2013, no changes shall	122683
be made in the classifications or calculations.	122684

Section 757.30. The Tax Commissioner shall conduct a review	122685
of the operations of the Board of Tax Appeals, and, not later than	122686
November 15, 2011, shall submit a written report to the Governor,	122687
Speaker of the House of Representatives, and President of the	122688
Senate providing an assessment of the Board's operations and	122689
recommendations for improvement. The Tax Commissioner's review	122690
shall include consultation with persons who have participated in	122691
or have had matters before the Board and are familiar with the	122692
Board's operations and procedures. The report shall include	122693
recommendations for improving the appeals process, internal	122694
operations, and other operational matters the Commissioner deems	122695
advisable. The Commissioner may designate an employee of the	122696
Department of Taxation to conduct the review.	122697

Section 757.40. (A) As used in this section:

122698

(1) "Qualifying delinquent taxes" means any tax levied under	122699
Chapters 5733., 5739., 5741., 5747., and 5748. of the Revised	122700
Code, including the taxes levied under sections 5733.41 and	122701
5747.41 of the Revised Code and taxes required to be withheld	122702
under Chapters 5747. and 5748. of the Revised Code, which were due	122703
and payable from any person as of May 1, 2011, were unreported or	122704
underreported, and remain unpaid.	122705

(2) "Qualifying delinquent personal property taxes" means a	122706
tax for which a return was required to be filed under section	122707
5711.02 of the Revised Code for a tax year before 2011.	122708

(3) "Qualifying delinquent taxes" and "qualifying delinquent	122709
personal property taxes" do not include any tax for which a notice	122710
of assessment or audit has been issued, for which a bill has been	122711
issued, which relates to a tax period that ends after the	122712
effective date of this section, or for which an audit has been	122713
conducted or is currently being conducted.	122714

(B) The Tax Commissioner shall establish and administer a tax	122715
amnesty program with respect to qualifying delinquent taxes and	122716
qualifying delinquent personal property taxes. The program shall	122717
commence on January 1, 2012, and shall conclude on February 15,	122718
2012. The Tax Commissioner shall issue forms and instructions and	122719
take other actions necessary to implement the program. The Tax	122720
Commissioner shall publicize the program so as to maximize public	122721
awareness and participation in the program.	122722

(C)(1) During the program, if a person pays the full amount	122723
of qualifying delinquent taxes owed by that person and one-half of	122724
any interest that has accrued as a result of the person failing to	122725
pay those taxes in a timely fashion, the Tax Commissioner shall	122726
waive or abate all applicable penalties and one-half of any	122727
interest that accrued on the qualifying delinquent taxes.	122728

(2) During the program, if a person who owes qualifying	122729
delinquent personal property taxes files a return with the Tax	122730
Commissioner, in the form and manner prescribed by the Tax	122731
Commissioner, listing all taxable property that was required to be	122732
listed on the return required to be filed under section 5711.02 of	122733
the Revised Code, the Tax Commissioner shall issue a preliminary	122734
assessment certificate to the appropriate county auditor. Upon	122735
receiving a preliminary assessment certificate issued by the Tax	122736
Commissioner pursuant to this division, the county auditor shall	122737
compute the amount of qualifying delinquent personal property	122738
taxes owed by the person and shall add to that amount one-half of	122739
the interest prescribed under sections 5711.32 and 5719.041 of the	122740
Revised Code. The county treasurer shall collect the amount of tax	122741
and interest computed by the county auditor under this division by	122742
preparing and mailing a tax bill to the person as prescribed in	122743
section 5711.32 of the Revised Code. If the person pays the full	122744
amount of tax and interest thereon on or before the date shown on	122745
the tax bill, all applicable penalties and one-half of any	122746
interest that accrued on the qualifying delinquent personal	122747
property taxes shall be waived.	122748

(3) Notwithstanding any contrary provision of the Revised	122749
Code, the Tax Commissioner shall not furnish to the county auditor	122750
any information pertaining to the exemption from taxation under	122751
division (C)(3) of section 5709.01 of the Revised Code insofar as	122752
that information pertains to any person who pays qualifying	122753
delinquent personal property taxes under division (C)(2) of this	122754
section.	122755

(D) The Tax Commissioner may require a person participating	122756
in the program to file returns or reports, including amended	122757
returns and reports, in connection with the person's payment of	122758
qualifying delinquent taxes or qualifying delinquent personal	122759
property taxes.	122760

(E) A person who participates in the program and pays in full	122761
any outstanding qualifying delinquent tax or qualifying delinquent	122762
personal property tax and the interest payable on such tax in	122763
accordance with this section shall not be subject to any criminal	122764
prosecution or any civil action with respect to that tax, and no	122765
assessment shall thereafter be issued against that person with	122766
respect to that tax.	122767

(F) Taxes and interest collected under the program shall be	122768
credited to the General Revenue Fund, except that:	122769

(1) Qualifying delinquent taxes levied under section	122770
5739.021, 5739.023, or 5739.026 of the Revised Code shall be	122771
distributed to the appropriate counties and transit authorities in	122772
accordance with section 5739.21 of the Revised Code during the	122773
next distribution required under that section;	122774

(2) Qualifying delinquent taxes levied under section	122775
5741.021, 5741.022, or 5741.023 of the Revised Code shall be	122776
distributed to the appropriate counties and transit authorities in	122777
accordance with section 5741.03 of the Revised Code during the	122778
next distribution required under that section; and	122779

(3) Qualifying delinquent taxes levied under Chapter 5748. of	122780
the Revised Code shall be credited to the school district income	122781
tax fund and then paid to the appropriate school district with the	122782
next payment required under division (D) of section 5747.03 of the	122783
Revised Code.	122784

Section 757.41. Section 757.40 of this act is hereby	122785
repealed, effective February 16, 2012. The repeal of Section	122786
757.40 of this act does not affect, after the effective date of	122787
the repeal, the rights, remedies, or actions authorized under that	122788
section.	122789

Section 757.50. All inheritance tax files that still remain	122790
open under temporary order, or otherwise, for which the "ultimate	122791
succession" pursuant to former sections 5731.28 and 5731.29 of the	122792
Revised Code as those sections existed before their repeal by S.B.	122793
326 of the 107th General Assembly (effective July 1, 1968),	122794
relating to the inheritance tax, has not been finalized and have	122795
not been submitted to the Department of Taxation as explained	122796
below, shall be considered to be closed as of January 1, 2013.	122797

Notwithstanding the former sections of the Revised Code	122798
constituting the Ohio Inheritance Tax as those sections existed	122799
before their repeal by that act, all claims and inquiries must be	122800
received by the Department of Taxation, or postmarked on or	122801
before, December 31, 2012.	122802

Section 801.20. As used in the uncodified law of this act,	122803
"American Recovery and Reinvestment Act of 2009" means the	122804
"American Recovery and Reinvestment Act of 2009," Pub. L. No.	122805
111-5, 123 Stat. 115.	122806

Section 801.30. REVENUE GENERATED BY TRANSFER OF LIQUOR	122807
ENTERPRISE TO JOBSOHIO	122808

The revenue estimates for fiscal year 2012 assume receipt of	122809
$500,000,000 in cash from JobsOhio pursuant to section 4313.02 of	122810
the Revised Code, as enacted by this act, and the transfer of the	122811
enterprise acquisition project authorized therein.	122812

Section 803.30. Upon the effective date of new sections	122813
2151.56, 2151.57, 2151.58, and 2151.59 of the Revised Code as	122814
enacted by this act, the versions of those sections enacted in	122815
Section 101.01 of this act will replace the versions of those	122816
sections, and the versions of sections 2151.60 and 2151.61 of the	122817
Revised Code, in effect on the day immediately preceding that	122818
effective date.	122819

Section 803.40. Sections 121.40, 121.401 to 121.404, 1501.40,	122820
3301.70, 3333.043, and 4503.93 of the Revised Code continue to	122821
operate the same as they did before their amendment by this act,	122822
except for the name of the Ohio Community Service Council being	122823
changed to the Ohio Commission on Service and Volunteerism.	122824

Section 803.50. The amendments to Chapter 349. of the Revised	122825
Code enacted by this act apply to any proceedings commenced after	122826
the amendments' effective date, and, so far as their provisions	122827
support the actions taken, also apply to proceedings that on their	122828
effective date are pending, in progress, or completed,	122829
notwithstanding the applicable law previously in effect or any	122830
provision to the contrary in a prior resolution, ordinance, order,	122831
advertisement, notice, or other proceeding. Any proceedings	122832
pending or in progress on the effective date of those amendments	122833
shall be deemed to have been taken in conformity with the	122834
amendment.	122835

The authority provided in the amendments to Chapter 349. of	122836
the Revised Code of this act provide additional and supplemental	122837
provisions for the subject matter that may also be the subject of	122838
other laws, and is supplemental to and not in derogation of any	122839
similar authority provided by, derived from, or implied by, the	122840
Ohio Constitution, or any other law, including laws amended by	122841
this act, or any charter, order, resolution, or ordinance, and no	122842
inference shall be drawn to negate the authority thereunder by	122843
reason of express provisions contained in the amendments to	122844
Chapter 349. of the Revised Code enacted by this act.	122845

Section 803.60. Section 3903.301 of the Revised Code shall	122846
apply only to formal delinquency proceedings that commence under	122847
sections 3903.01 to 3903.59 of the Revised Code on or after the	122848
effective date of this act.	122849

Section 806.10. The items of law contained in this act, and	122850
their applications, are severable. If any item of law contained in	122851
this act, or if any application of any item of law contained in	122852
this act, is held invalid, the invalidity does not affect other	122853
items of law contained in this act and their applications that can	122854
be given effect without the invalid item of law or application.	122855

Section 809.10. An item of law, other than an amending,	122856
enacting, or repealing clause, that composes the whole or part of	122857
an uncodified section contained in this act has no effect after	122858
June 30, 2013, unless its context clearly indicates otherwise.	122859

Section 812.10. Except as otherwise provided in this act, the	122860
amendment, enactment, or repeal by this act of a section is	122861
subject to the referendum under Ohio Constitution, Article II,	122862
section 1c and therefore takes effect on the ninety-first day	122863
after this act is filed with the Secretary of State or, if a later	122864
effective date is specified below, on that date.	122865

The amendment or repeal of sections 9.231, 9.24, 127.16,	122866
1751.01, 1751.04, 1751.11, 1751.111, 1751.12, 1751.13, 1751.15,	122867
1751.17, 1751.20, 1751.31, 1751.34, 1751.60, 2744.05, 3111.04,	122868
3113.06, 3119.54, 3901.3814, 3923.281, 3963.01, 4731.65, 4731.71,	122869
5101.5211, 5101.5212, 5101.5213, 5101.5214, 5101.5215, 5101.5216,	122870
5101.571, 5101.58, 5111.0112, and 5111.941 of the Revised Code	122871
takes effect October 1, 2011.	122872

The amendment of sections 5707.031, 5725.151, 5725.24, and	122873
5751.011 of the Revised Code takes effect January 1, 2012.	122874

The amendment, enactment, or repeal of sections 3721.16,	122875
5111.709, 5119.221, 5122.02, 5122.27, 5122.271, 5122.29, 5122.32,	122876
5123.092, 5123.35, 5123.60 (5123.601), 5123.601, 5123.602,	122877
5123.603, 5123.604, 5123.605, 5123.61, 5123.63, 5123.64, 5123.69,	122878
5123.701, 5123.86, 5123.99, and 5126.33 of the Revised Code takes	122879
effect October 1, 2012.	122880

Section 812.20. The amendment, enactment, or repeal by this	122881
act of the sections listed below is exempt from the referendum	122882
under Ohio Constitution, Article II, section 1d and section 1.471	122883
of the Revised Code and therefore takes effect immediately when	122884
this act becomes law or, if a later effective date is specified	122885
below, on that date.	122886

Sections 9.06, 111.12, 111.16, 111.18, 111.181, 111.28,	122887
111.29, 117.13, 121.37, 124.09, 124.23, 124.231, 124.25, 124.26,	122888
124.27, 124.31, 125.15, 125.18, 125.213, 125.28, 125.89, 126.04,	122889
126.12, 126.24, 131.44, 131.51, 149.091, 149.11, 149.311, 319.301,	122890
901.09, 924.52, 927.69, 1309.528, 1327.46, 1327.50, 1327.501,	122891
1327.51, 1327.511, 1327.54, 1327.57, 1327.62, 1327.99, 1329.04,	122892
1329.42, 1332.24, 1501.031, 1515.14, 1551.311, 1551.32, 1551.33,	122893
1551.35, 1555.02, 1555.03, 1555.04, 1555.05, 1555.06, 1555.08,	122894
1555.17, 1701.07, 1702.59, 1703.031, 1703.07, 1776.83, 1785.06,	122895
3301.07, 3301.16, 3301.162, 3302.031, 3302.07, 3302.23, 3302.24,	122896
3306.01, 3306.011, 3306.012, 3306.02, 3306.03, 3306.04, 3306.05,	122897
3306.051, 3306.052, 3306.06, 3306.07, 3306.08, 3306.09, 3306.091,	122898
3306.10, 3306.11, 3306.12, 3306.13, 3306.19, 3306.191, 3306.192,	122899
3306.21, 3306.22, 3306.29, 3306.291, 3306.292, 3307.31, 3307.64,	122900
3309.41, 3309.48, 3309.51, 3310.02, 3310.03, 3310.05, 3310.08,	122901
3310.41, 3311.05, 3311.059, 3311.0510, 3311.06, 3311.19, 3311.21,	122902
3311.29, 3311.52, 3311.76, 3313.29, 3313.411, 3313.55, 3313.614,	122903
3313.64, 3313.6410, 3313.843, 3313.88, 3313.978, 3313.981,	122904
3314.06, 3314.08, 3314.085, 3314.087, 3314.088, 3314.091, 3314.10,	122905
3314.13, 3314.35, 3314.38, 3314.402, 3315.01, 3316.041, 3316.06,	122906
3316.20, 3316.21, 3317.01, 3317.011, 3317.013, 3317.014, 3317.016,	122907
3317.017, 3317.018, 3317.02, 3317.021, 3317.022, 3317.023,	122908
3317.024, 3317.025, 3317.0210, 3317.0211, 3317.0212, 3317.0216,	122909
3317.03, 3317.031, 3317.04, 3317.05, 3317.051, 3317.053, 3317.06,	122910
3317.061, 3317.07, 3317.08, 3317.081, 3317.082, 3317.09, 3317.11,	122911
3317.12, 3317.16, 3317.17, 3317.18, 3317.19, 3317.20, 3317.201,	122912
3318.051, 3319.088, 3319.10, 3319.14, 3319.161, 3319.18, 3319.19,	122913
3319.39, 3319.57, 3323.091, 3323.14, 3323.142, 3323.25, 3323.31,	122914
3324.05, 3326.33, 3326.39, 3327.02, 3327.04, 3327.05, 3329.16,	122915
3345.14, 3345.81, 3349.242, 3353.15, 3365.01, 3365.08, 3506.05,	122916
3701.0211, 3704.06, 3704.14, 3734.901, 3745.015, 3745.016,	122917
3793.04, 3793.21, 4115.101, 4117.01, 4117.03, 4117.06, 4141.08,	122918
4141.11, 4301.43, 4511.191, 4725.34, 4733.15, 4733.151, 5111.0122,	122919
5111.0213, 5111.0215, 5111.83, 5111.945, 5112.99, 5112.991,	122920
5120.092, 5123.0419, 5126.0511, 5126.11, 5126.18, 5126.23,	122921
5126.24, 5703.05, 5705.211, 5715.26, 5727.84, 5727.85, 5727.86,	122922
5747.46, 5747.51, 5751.20, 5751.21, 5751.22, 5751.23, and 6109.21.	122923

The amendment, enactment, or repeal of sections 3306.12	122924
(3317.0212), 3326.11, 3721.50, 3721.51, 3721.56, 3721.561	122925
(3721.56), 3721.58, 3722.01 (5119.70), 3722.011 (5119.701),	122926
3722.02 (5119.71), 3722.021 (5119.711), 3722.022 (5119.712),	122927
3722.03 (5119.72), 3722.04 (5119.73), 3722.041 (5119.731), 3722.05	122928
(5119.74), 3722.06 (5119.75), 3722.07 (5119.76), 3722.08	122929
(5119.77), 3722.09 (5119.78), 3722.10 (5119.79), 3722.11	122930
(5119.80), 3722.12 (5119.81), 3722.13 (5119.82), 3722.14	122931
(5119.83), 3722.15 (5119.84), 3722.151 (5119.85), 3722.16	122932
(5119.86), 3722.17 (5119.87), 3722.18 (5119.88), 3722.99, 3769.08,	122933
3769.20, 3769.26, 5111.222, 5111.231, 5111.24, 5111.243, 5111.244,	122934
5111.25, 5111.254, 5112.30, 5112.31, 5112.37, 5112.371, 5112.39,	122935
and 5119.99 of the Revised Code takes effect July 1, 2011.	122936

The amendment of sections 5112.40, 5112.41, and 5112.46 of	122937
the Revised Code takes effect October 1, 2011.	122938

Sections of this act prefixed with section numbers in the	122939
200's, 300's, 400's, 500's, and 600's, except for Sections	122940
309.30.40, 337.30.80, 501.10, 515.20, 690.10, and 690.11 of this	122941
act.	122942

Sections 733.10, 753.10, 757.10, 757.20, and 757.30 of this	122943
act.	122944

Sections 801.20, 812.10, 812.20, and 812.30 of this act.

122945

Section 812.30. The sections that are listed in the left-hand	122946
column of the following table combine amendments by this act that	122947
are and that are not exempt from the referendum under Ohio	122948
Constitution, Article II, sections 1c and 1d and section 1.471 of	122949
the Revised Code.	122950

The middle column identifies the amendments to the listed	122951
sections that are subject to the referendum under Ohio	122952
Constitution, Article II, section 1c and therefore take effect on	122953
the ninety-first day after this act is filed with the Secretary of	122954
State or, if a later effective date is specified, on that date.	122955

The right-hand column identifies the amendments to the listed	122956
sections that are exempt from the referendum under Ohio	122957
Constitution, Article II, section 1d and section 1.471 of the	122958
Revised Code and therefore take effect immediately when this act	122959
becomes law or, if a later effective date is specified, on that	122960
date.	122961

Section of law	Amendments subject to referendum	Amendments exempt from referendum	122962
1551.33	The amendment in division (C) striking through "1551.13,"	All amendments except as described in the middle column	122963
3302.05	The amendment inserting "or from the requirements of sections 3317.141, 3319.08, 3319.11, or 3319.17"	All amendments except as described in the middle column	122964
3313.614	All amendments except as described in the right-hand column	The amendment to division (C)(1)	122965
3317.06	The amendments to divisions (A)(2), (K), and (L)	All amendments except as described in the middle column	122966
3318.032	The amendment inserting "subject to a new project scope and estimated costs under section 3318.054 of the Revised Code,"	1. The amendment striking "one-year" and inserting "thirteen-month" 2. The amendment striking "year" and inserting "period"	122967
3318.05	The amendment inserting ", subject to section 3318.054 of the Revised Code"	The amendment striking "one year" and inserting "thirteen months"	122968
3318.41	The amendments to divisions (D)(2) and (H)	The amendment to division (D)(1)(b)	122969
3319.17	Amendments to divisions (C) and (D)	Amendment to division (A)	122970
3326.11	All amendments except as described in the right-hand column	The amendment adding "3313.88," takes effect July 1, 2011	122971
3722.01 (5119.70)	The amendments to division (A)(13)	All amendments except the amendments to division (A)(13)	122972
3722.04 (5119.73)	The amendments to division (C)	All amendments except the amendments to division (C)	122973
3722.16 (5119.86)	The amendment to division (B)(1)(d)	All amendments except the amendment to division (B)(1)(d)	122974
3734.57	All amendments except amendments to division (A)	Amendments to division (A)	122975
3745.11	The amendment inserting division (S)(3) and amendments in division (S)(1) relating thereto	All amendments except as described in the middle column	122976
4115.10	The amendment in division (A) striking "(1) or (2)"	All amendments except as described in the middle column	122977
4117.01	All amendments except as described in the right-hand column	The amendment to division (B) striking "governing authority of a community school established under Chapter 3314. of the Revised Code;" and adding "or the governing authority of a community school established under Chapter 3314. of the Revised Code"	122978
5111.873	1. The amendment to division (A) that inserts "subject to division (D) of this section" 2. All of division (D)	All amendments except as described in the middle column	122979
5126.05	The amendment to division (D)	The amendment to division (A)(4)	122980

Section 812.40. The amendments to sections 5101.26, 5122.01,	122981
and 5122.31 of the Revised Code are subject to the referendum	122982
under Ohio Constitution, Article II, Section 1c and section 1.471	122983
of the Revised Code, and therefore take effect on the ninety-first	122984
day after this act is filed with the Secretary of State. However:	122985

In section 5101.26 of the Revised Code, the amendment	122986
striking "and 5101.5211 to 5101.5216" takes effect on October 1,	122987
2011;	122988

In section 5122.01 of the Revised Code, the amendment to	122989
division (O) of the section takes effect on October 1, 2012; and	122990

In section 5122.31 of the Revised Code, the amendment to	122991
division (A)(2) of the section takes effect on October 1, 2012.	122992

In section 5123.19 of the Revised Code, the amendment to	122993
division (L) of the section takes effect October 1, 2012.	122994

Section 815.20. The General Assembly, applying the principle	122995
stated in division (B) of section 1.52 of the Revised Code that	122996
amendments are to be harmonized if reasonably capable of	122997
simultaneous operation, finds that the following sections,	122998
presented in this act as composites of the sections as amended by	122999
the acts indicated, are the resulting versions of the sections in	123000
effect prior to the effective date of the sections as presented in	123001
this act:	123002

Section 9.06 of the Revised Code as amended by Am. Sub. H.B.	123003
130 of the 127th General Assembly and Am. Sub. H.B. 1 of the 128th	123004
General Assembly.	123005

Section 121.37 of the Revised Code as amended by Am. Sub.	123006
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	123007

Section 124.23 of the Revised Code as amended by Am. Sub.	123008
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	123009

Section 124.27 of the Revised Code as amended by Am. Sub.	123010
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	123011

Section 124.34 of the Revised Code as amended by Am. Sub.	123012
H.B. 1 and Am. Sub. H.B. 16 of the 128th General Assembly.	123013

Section 127.16 of the Revised Code as amended by Am. Sub.	123014
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	123015

Sections 1923.01 and 1923.02 of the Revised Code as amended	123016
by both Sub. H.B. 56 and Am. Sub. S.B. 10 of the 127th General	123017
Assembly.	123018

Section 2903.33 of the Revised Code as amended by Am. Sub.	123019
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	123020

Section 3301.07 of the Revised Code as amended by Am. Sub.	123021
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	123022

Section 3313.65 of the Revised Code as amended by Am. Sub.	123023
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	123024

Section 3317.02 of the Revised Code as amended by Am. Sub.	123025
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	123026

Section 3317.024 of the Revised Code as amended by Am. Sub.	123027
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	123028

Section 3317.03 of the Revised Code as amended by Am. Sub.	123029
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	123030

Section 3317.20 of the Revised Code as amended by Am. Sub.	123031
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	123032

Section 3323.091 of the Revised Code as amended by Am. Sub.	123033
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	123034

Section 3323.142 of the Revised Code as amended by Am. Sub.	123035
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	123036

Section 3721.01 of the Revised Code as amended by Am. Sub.	123037
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	123038

Section 3722.01 of the Revised Code as amended by Am. Sub.	123039
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	123040

Section 4115.04 of the Revised Code as amended by Sub. H.B.	123041
443 and Am. Sub. H.B. 699 of the 126th General Assembly.	123042

Section 4517.01 of the Revised Code as amended by Am. H.B. 9	123043
and Am. Sub. H.B. 114 of the 129th General Assembly.	123044

Section 5111.211 of the Revised Code as amended by Am. Sub.	123045
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	123046

Section 5112.30 of the Revised Code as amended by Am. Sub.	123047
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	123048

Section 5112.37 of the Revised Code as amended by Am. Sub.	123049
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	123050

Section 5119.16 of the Revised Code as amended by Am. Sub.	123051
H.B. 1 and S.B. 79 of the 128th General Assembly.	123052

Section 5123.0413 as amended by Am. Sub. H.B. 1 and Sub. S.B.	123053
79 of the 128th General Assembly.	123054

Section 5123.0417 of the Revised Code as amended by Am. Sub.	123055
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	123056

Section 5123.19 of the Revised Code as amended by Am. Sub.	123057
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	123058

Section 5126.05 of the Revised Code as amended by Am. Sub.	123059
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	123060

Section 5126.054 of the Revised Code as amended by Am. Sub.	123061
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	123062

Section 5126.0512 as amended by Am. Sub. H.B. 1 and Sub. S.B.	123063
79 of the 128th General Assembly.	123064

Section 5126.24 of the Revised Code as amended by Am. Sub.	123065
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	123066

Section 5723.05 of the Revised Code as amended by Am. Sub.	123067
H.B. 387 and Am. Sub. H.B. 576 of the 118th General Assembly.	123068

Section 5739.02 of the Revised Code as amended by Am. Sub.	123069
S.B. 181 and Am. Sub. S.B. 232 of the 128th General Assembly.	123070

Section 815.30. The amendment by this act to section 111.15	123071
of the Revised Code does not accelerate the taking effect of the	123072
amendment to that section by S.B. 2 of the 129th General Assembly,	123073
which takes effect January 1, 2012.	123074